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

Vol. 150 WASHINGTON, WEDNESDAY, SEPTEMBER 22, 2004 No. 115 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, We are also continuing to negotiate called to order by the Honorable JOHN PRESIDENT PRO TEMPORE, agreements on some of the remaining ENSIGN, a Senator from the State of Washington, DC, September 22, 2004. appropriation bills. I hope we can agree Nevada. To the Senate: to a consent to allow us to consider the Under the provisions of rule I, paragraph 3, spending bills with a reasonable time PRAYER of the Standing Rules of the Senate, I hereby appoint the Honorable JOHN ENSIGN, a Sen- limitation. If so, we will be able to fol- The Chaplain, Dr. Barry C. Black, of- ator from the State of Nevada, to perform low the Goss nomination with that. I fered the following prayer: the duties of the Chair. suspect that will be tomorrow morn- Let us pray. TED STEVENS, ing. Eternal Spirit, giver of every good President pro tempore. We have the expiring family-friendly and perfect gift, great are Your works. Mr. ENSIGN thereupon assumed the tax items and we want to consider that We sing of Your strength, for You are Chair as Acting President pro tempore. legislation as soon as it becomes avail- the ruler of the universe. Your right- f able. I understand that progress is eousness endures forever. Give us the being made. It will be important for us wisdom to ask You for Your guidance RECOGNITION OF THE MAJORITY to vote on that this week. In the event and to follow Your counsel. Subdue LEADER that is Friday morning, that will have freedom’s enemies and provide a shield The ACTING PRESIDENT pro tem- to be Friday morning, but I do want to for liberty. pore. The majority leader is recog- encourage the conferees, who I think Lord, thank You for America, with nized. are very close to reporting out that all of its freedoms and opportunities. f legislation, so that the House of Rep- May we always feel gratitude for this resentatives can consider it and we can SCHEDULE land. consider it. We will be voting on that Bless our Senators. Give them in- Mr. FRIST. Mr. President, following this week, either Friday or, if it is sights that will make justice roll down my remarks and the remarks of the available, Thursday night. Obviously, I like waters. Help them to make laws Democratic leader, we will proceed to a encourage the latter. that will maintain the rights of the af- period for morning business for 90 min- I remind my colleagues of the joint flicted and the destitute. Empower utes. The first 45 minutes will be under meeting tomorrow morning at 10 with them to rescue the perishing and to the control of the majority and the sec- Prime Minister Allawi of Iraq. He will care for the dying. Incline their hearts ond half under the control of the mi- be addressing both Houses on Thurs- to so labor that Your will may be done nority. Following that time, the Sen- day. Members should be in the Senate on Earth as it is in Heaven. ate will proceed to executive session Chamber no later than 9:30 in order to We pray in Your powerful Name. for the consideration of PORTER GOSS proceed to that joint meeting. Amen. to be Director of Central Intelligence. f The agreement we reached last night f PLEDGE OF ALLEGIANCE allows for up to 6 hours equally divided for debate on the Goss nomination. The NOMINATION OF PORTER GOSS TO The Honorable JOHN ENSIGN, a Sen- discussion the leaders were just having BE CIA DIRECTOR ator from the State of Nevada, led the was that we want to make as much Mr. FRIST. Mr. President, I will take Pledge of Allegiance as follows: time available to everyone who would a few minutes to comment on Rep- I pledge allegiance to the Flag of the like to speak, but in the event we do resentative PORTER GOSS’ nomination United States of America and to the Repub- lic for which it stands, one nation under God, not need all of that time, that would be to the post of Director of the CIA, as indivisible, with liberty and justice for all. yielded back and we would be able to well as to comment on the real proceed to a vote on that nomination. progress the Senate Governmental Af- f Again, we have up to 6 hours, but I ex- fairs Committee is making as we ad- APPOINTMENT OF ACTING pect time will be yielded back. dress the issues of the 9/11 rec- PRESIDENT PRO TEMPORE Today we do have a briefing for Sen- ommendations. The PRESIDING OFFICER. The ators regarding Iraq this afternoon With regard to the former, I con- clerk will please read a communication from 3 to 4. Before that briefing, we gratulate the Senate Intelligence Com- to the Senate from the President pro will be able to set the vote. I am sure mittee. One of the reasons I do not tempore (Mr. STEVENS). even later this morning we will be able think there will be as much debate on The legislative clerk read the fol- to announce the time we will be voting the floor today is that they very thor- lowing letter: later today. oughly addressed the nomination with

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

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VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.000 S22PT1 S9472 CONGRESSIONAL RECORD — SENATE September 22, 2004 very good debate in committee and re- and public servant—is totally com- major conclusions of the 9/11 Commis- ported him out of that committee with mitted to the safety and security of sion. an overwhelmingly positive vote. America. He is committed to making I do hope, once this bill is completed Mr. GOSS is a highly capable manager the CIA run effectively. He has both in the Governmental Affairs Com- and leader, with a strong background the inside and the outside perspective mittee, people take the time to look at and extensive experience in intel- we need. Clearly, Mr. GOSS is the man it very quickly and look at possible ligence matters. As we all know, he for the job. I urge my colleagues to amendments over the course of the end served in the Congress representing the give him their overwhelming support of this week so they will be prepared people of southwest for the when we vote on this nomination for next week in terms of amendments past 15 years. He has a long history of today. He is an outstanding choice to they might put forward, so we, over the public service, which I am sure will be lead this agency. course of the deliberations, can im- outlined on the floor later. He served I do hope we do not have a shift in prove that bill appropriately where as mayor of Sanibel Island. In 1983, he conversation, which should be about people think it needs to be improved. was appointed to the Lee County Board his eminent qualifications, to dis- Just one final comment: Senator of Commissioners by then Governor tracting other issues. I do hope we DASCHLE and I established a bipartisan . PORTER GOSS has a long focus on the man and the job for which task force to address the issues that career that has, of course, extended he is being nominated. look at how we need to reorganize in these last 15 years as a House Member INTELLIGENCE REFORM this body, so that our responsibility of where he held the chairmanship of the Let me also close in saying we made oversight can be appropriately carried House Permanent Select Committee on real progress on the intelligence re- out. That task force has met on a num- Intelligence. form front. I know there are a lot of ber of occasions, at the Member level As chairman, he led one of the key people who say slow down or don’t have and at the staff level. Senators MCCON- investigations into possible intel- knee-jerk reactions or don’t go too fast NELL and REID, the managers of this ef- ligence failures regarding 9/11. He was or it is a huge issue. I think the leader- fort who represent the leadership on thorough. He demonstrated a thought- ship is very sensitive to that. I wish to that task force, have been discussing ful and fair approach in these hearings reassure our colleagues and the Amer- this matter, as I understand it, daily. and investigations. His committee’s ican people and the other House—real- There are a number of issues on findings did add critical insights into ly everyone—that we are addressing which we can come to agreement rel- how we can and should move forward this as a huge issue, as big as any issue atively quickly. Others will have to be to strengthen our defenses against ter- we have had to address in recent times, resolved through floor debate and votes. That just remains to be deter- rorist attack. because it does focus on the safety and So far, his committee, including the security of the American people. mined, once we see what those rec- subcommittees, has held over 60—I There is a sense of urgency that this ommendations are. Either way these think it was 62—oversight hearings on body has a responsibility to reflect. If reforms will be implemented through various aspects of the intelligence there is a better system, if there is a Senate resolution or through modifica- tion of the Senate’s rules. My goal re- community. That number is more than better way to guarantee the safety and mains to get these reforms in motion the committee has held in any other security of Americans, and we know it—and we do know it—then it is our before the Senate adjourns next month. calendar year. I use that as an example I yield the floor. responsibility to act and to do it to show that Mr. GOSS takes his duty The PRESIDING OFFICER (Mr. thoughtfully and deliberately, and that to investigate and reform the intel- GRAHAM of South Carolina). The Demo- ligence community very seriously. is the process that the Democratic cratic leader is recognized. Despite this, he did come under some leader and I set up in which to address harsh criticism from the other side. It the two important issues. f has been charged that he has been too Senator SUSAN COLLINS and Senator INTELLIGENCE DELIBERATIONS partisan in his career as a Congress- JOE LIEBERMAN, who are managing the Mr. DASCHLE. Mr. President, I wish man to take over this very important initial legislation through the Govern- to associate myself with the remarks post. I do believe, however, that if one mental Affairs Committee, have very made by the majority leader with re- looks at his record of service to this carefully, and are very carefully, con- gard to the progress we have made on country, that that criticism falls by sidering all the information. They have both fronts, both the reorganization of the wayside. been doing so for a long period of time, the executive branch as well as the re- PORTER GOSS has specific experience most acutely since the day the 9/11 organization of the legislative branch working for the Agency he is now nom- Commission report and recommenda- with regard to the 9/11 recommenda- inated to run. During the Cold War, tions came out. They made great tions. I think both efforts have been Mr. GOSS was a clandestine services progress in marking up this legislation laudable, they have been bipartisan, case officer. He served as director of yesterday and will continue on that and they have been cooperative. operations. In his own words, the CIA’s over the course of the day. That is ex- I don’t think that being deliberate mission ‘‘is to obtain the plans and in- actly the task Senator DASCHLE and I and being expeditious is a mutually ex- tentions of our enemies, adversaries set out for them in late July, to have clusive proposition. We have to be de- and their associates before they could the vehicle through which all the ideas, liberate but I don’t see any reason why attack the United States.’’ thoughts, and deliberations can be col- we can’t also be expeditious. Mr. GOSS articulated so clearly and lected, understanding there are lots of Three very important commissions succinctly how this has occurred and very good ideas out there. But it is an have analyzed and advised over the will occur, and states very clearly in- important vehicle, an important bill, course of the last 3 years. It is not as deed this mission has not changed and and one we will be addressing on the if this came up within the last couple will not change. floor of the Senate next week. of weeks. It has been under consider- Mr. GOSS understands the criticism The committee’s baseline legislation ation and very thoughtfully and care- now being leveled at him. As he told does create a national intelligence di- fully considered. I found it somewhat the Senate Intelligence Committee, he rector. It does establish a national remarkable that all three commissions is sensitive to it; he understands the counterterrorism center, which has the had many of the same recommenda- grave responsibility of leading the CIA responsibilities which have been well tions to the Congress. and effecting the necessary reforms to defined in the legislation. It does im- So this is in keeping with those ex- strengthen our Nation’s security. As he plement a whole range of initiatives to perts who have very thoughtfully and himself explains, being the Director of improve the quality and effectiveness carefully deliberated about this mat- the CIA is a capabilities job, not a pol- of the intelligence community. It does ter. We are simply continuing in that icy job. track closely with the plans and deci- deliberative fashion, first in the com- There is no doubt that PORTER sions put forward by many bodies, in- mittee and then on the task force. I am GOSS—former CIA agent, former U.S. cluding proposals put forth by the hopeful we can continue to be both de- Army intelligence agent, Congressman, White House, which has embraced the liberate as well as expeditious as we

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.003 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9473 consider our responsibilities before the just to see Monte. The total cost will A recent, routine mammogram cost end of this session of Congress. be much, much higher. Monte’s parents $2,700, of which she was asked to pay ORDER OF PROCEDURE are trying to help and are reaching $850. She said: During the Democratic period this into their retirement savings to do so. I guess I should feel lucky I have insur- morning, I ask unanimous consent that But Monte’s health care costs will sur- ance, but $848 is a full paycheck [for me]. So, Senator KENNEDY be given 10 minutes; pass $10,000 this year alone, and with- do you pay that medical bill or the house Senator MURRAY, 5 minutes; Senator out good insurance, eventually the payment? I surely can’t pay it all at once. CONRAD, 25 minutes; and Senator REID, medical bills will eat up all they have Even with 100,000 Americans losing 5 minutes. worked for. their health insurance every month The PRESIDING OFFICER. Without Millions of American families are in since January of 2001, the White House objection, it is so ordered. the same position as the Imm family, has not provided any real options, no Mr. DASCHLE. I ask, as is always the and the implications of this crisis are leadership in stopping the growth of case, the leader time not be taken from rippling outward throughout our coun- this crisis. the Democratic time. try. Some of the most promising possi- The PRESIDING OFFICER. Without There is new evidence that as the bilities for bringing down the cost of objection, it is so ordered. cost of health care goes up, it is eating health care, such as drug reimporta- f away at America’s economy, holding tion, the administration has opposed. back job creation, and stifling growth. Yet this crisis will not solve itself. Un- THE SKYROCKETING COST OF A recent article in less we act, health care premiums will HEALTH CARE showed that the cost of health insur- continue to rise, driving more people Mr. DASCHLE. Mr. President, re- ance is preventing businesses, large into the ranks of the uninsured, and cently, a new study confirmed a trend and small, from hiring new workers, holding back more businesses from that most American families and busi- even if the workload demands it. earning profits and creating jobs. nesses have known and felt for the past One small business owner said: We have to do better. This is a na- 3 years. Health care costs are rising at Before, we hired based on workload. Now tional problem, and fixing it demands unsustainable rates, straining family it’s a question of affordability. national leadership. Medical research budgets, weakening our economy, ham- Economists are finding that high is producing miracles quite often. Yet pering job growth and forcing millions health care costs are a major reason we are not solving a problem that is more Americans every year to go with- our economy has been unable to create dragging tens of millions of Americans out insurance. jobs. Not long ago, when I asked a busi- into poverty and poor health. This is According to the annual survey by nessman why he outsources his jobs not a question of ability or capacity; it the Kaiser Family Foundation, health overseas, he said the reason was health is a question of will and leadership. It premiums increased 11.2 percent last care. He did not have to pay it in India. is time we seek out new ideas to help year, more than five times the rate of He did not have to pay it in countries bring down the cost of health care. wages. This is the fourth consecutive abroad. He pays it here at home. One promising new initiative would year of double-digit increases. Since Small businesses, which employ 50 create a reinsurance system to help 2000, health care premiums have in- percent of the Nation’s workforce, face blunt the cost of catastrophic medical creased by 59 percent and 5 million the greatest pressure of all. Because illness. Some researchers have sug- fewer Americans have access to em- they are not big enough to bargain gested that such a program could save ployer health care coverage. with insurers for better rates, and they South Dakota employers tens of mil- Last month the Census Bureau also cannot spread risk among larger pools lions of dollars each year and billions reported that in 2003 alone, the number of employees, small businesses too nationwide. of uninsured Americans jumped by 1.4 often are forced to pay for the nation- We need to debate these issues in million. Seniors are among the hardest wide increase in health care costs. Washington, but, regrettably, we have hit. In addition to facing record in- In the past year, in the midst of the not had the opportunity to do so. In creases in the price of prescription toughest business environment in a the past 2 years, we have spent 30 days drugs, Medicare recipients recently generation, the total cost for insuring discussing ways to limit access to the learned they will be forced to pay a 17.5 employees of small businesses alone courtroom, but not 1 day to debate real percent increase in premiums, the rose 18 percent. Those small businesses ways to bring down the cost of health steepest increase in Medicare’s history. that try to do the right thing and offer care for all Americans. The true costs of this crisis can’t be their employees health benefits are It is time for real action. We have an depicted by statistics. There is no way finding it more difficult to do so with obligation to focus on the troubles of to measure the stress caused by exorbi- each passing year. our economy and the Americans who tant health care bills. There is no way I was recently contacted by Skip are struggling to work and raise fami- to measure the cost of the fear of fami- VanDerhule, who runs VanDerhule lies. Our citizens are asking for leader- lies who worry that they are one lay- Moving and Storage, in Yankton. Even ship, and we have an obligation to an- off, one bad crop, one accident, or one after raising employee premiums and swer that call. illness away from being totally vulner- copays, Skip’s monthly premiums have I yield the floor. able, and they fell helpless to protect risen 252 percent in 6 years. Skip has themselves. tried to look for better coverage, but f Not long ago, I heard from the Imm recently an employee needed a kidney family of Turton, SD. A few months transplant, and he requires $30,000 per RESERVATION OF LEADER TIME back, their 24-year-old son, Monte, year in medicine alone just to keep his The PRESIDING OFFICER. Under came down with a case of Crohn’s dis- body from rejecting the new kidney. the previous order, the leadership time ease. ‘‘As soon as the insurer sees that,’’ is reserved. As his disease grew worse, he Skip said, ‘‘they don’t want us. And couldn’t work and he had to quit his they’ll quote us a price to make sure f job. After his insurance lapsed, he tried that we don’t want them.’’ So Skip is to buy coverage for himself, but with stuck with the prospect of higher MORNING BUSINESS his condition, no insurer would offer health care costs with absolutely no The PRESIDING OFFICER. Under him a policy. end in sight. the previous order, there will be a pe- Monte’s monthly prescription bill is In most businesses, the costs are riod for the transaction of morning $500, and that is on top of the tests and passed along to their employees. Jana business for up to 90 minutes. The first emergency room visits that have be- Schroeder, a medical professional from 45 minutes is under the control of the come all too routine. Sioux Falls, wrote me to say that even majority leader or his designee and the Doctors in Sioux Falls have rec- with good, dependable health insur- next 45 minutes is under the control of ommended a trip to the Mayo Clinic, ance, her family pays $10,000 a year in the Democratic leader or his designee. but the clinic requires a $1,500 deposit health care costs. The Senator from Nevada.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.005 S22PT1 S9474 CONGRESSIONAL RECORD — SENATE September 22, 2004 THE is this so disturbing? Because Ms. Di I have no problem with this plan, be- Mr. ENSIGN. Mr. President, I rise to Lellio has compared President Bush cause it is the short term and long discuss the failure of the United Na- and key U.S. ally, Prime Minister term plan now in place by the Bush ad- tions. The U.N. is failing to promote Silvio Berlusconi, to . ministration. Our President has con- liberty, democracy, and human rights This shows, again, how the United Na- sistently and assiduously worked with for all citizens. tions is failing in the essential tasks our allies to get more help in Iraq. The world has changed a great deal for which it is responsible. Sure, we would like to get more since the United Nations was formed There is a difference between right countries on board with us, but this is some 59 years ago. The dangers of Na- and wrong. And words do have con- tough business and it takes bold, vi- zism and communism have been re- sequences. sionary leadership—like we see in placed by an ever-evolving, ever-in- I also want to read a quote the Demo- Great Britain, Italy, Poland, Denmark, creasing threat of terrorism. cratic nominee made yesterday. It is in the Netherlands, Australia, and dozens The United Nations is not up to the today. It says: of our closest allies. To imply, as some challenges of this new century. The Kerry did not directly answer a question of my colleagues have, that the United U.N. now has sponsors of terrorism and about whether he agrees with U.N. Secretary States is not getting help from our repression overseeing the protection of General Kofi Annan, who called the Iraq war international friends is simply untrue. human rights around the world. The illegal. ‘‘I don’t know what the law or legal- As terrorism spreads to other coun- ities are,’’ Kerry said. countries of Sudan, China, and Cuba tries, as it did recently in Russia, we currently serve as members of the The U.N. Secretary General says the should expect—and provide—even more United Nations Commission on Human Iraq war is illegal because the United help. Rights. States didn’t have United Nations’ Se- And let me point out the obvious Yesterday, the United Nations Sec- curity Council approval. about some allies, like France, who retary General, Kofi Annan, lectured And can’t give a clear have not been supportive of our poli- the world body that the rule of law in answer that the United Nations Sec- cies in Iraq. Their foreign policy deci- Iraq is being disrupted as much by the retary General is wrong? This is a per- sions are based on internal political United States as by the terrorists who son running for the President of the considerations and not on the person- ravage the country through bombings United States. ality of the President of the United and beheadings. Increasingly, the United Nations does States. For some of my colleagues to Any person or group who cannot deci- not advocate the interests of those pur- imply that some countries will change pher the moral difference in this strug- suing peace, freedom, and democracy their policies toward Iraq if we change gle against terror and repression can- in the world. If the United Nations our President is ludicrous and mis- not and should not be trusted to lead. spent more time working for liberty leading. The French will change their In a BBC interview last week, the Sec- and less time coddling dictators, the foreign policy when they change their retary General stated that the libera- world would be a better place. President, not when we change ours. I tion of Iraq by the United States and I yield the floor. have a great deal of trust and con- its coalition partners was illegal and a The PRESIDING OFFICER. The Sen- fidence in the common sense of the violation of the U.N. Charter. This dec- ator from Georgia is recognized. American people and I am sure they laration comes on the heels of his ear- f will understand exactly what I am say- ing. lier statement that ‘‘there should have IRAQ been a second resolution’’ authorizing The junior Senator from Massachu- the invasion. Mr. CHAMBLISS. Mr. President, I setts has also called for better training Today, Mr. Annan seems to be saying rise today to help frame the issue in for Iraqi security forces. I am glad that that the only way force can be used le- Iraq. The American people deserve he also agrees with President Bush on gitimately in the modern world is to straight forward answers on issues of this point. Training Iraqi security first obtain the unanimous permission war and national security; especially forces is a high priority of this admin- of the U.N. Security Council. when their lives are directly threat- istration. I am pleased President Bush does not ened and our military forces are en- Let us look at the facts. The Iraqi adhere to this line of thinking. And I gaged around the world in the war on Army has more than 62,000 members. am proud every time I hear him say terrorism. And it is not just our mili- Of these, almost 46,000 have been that he will never wait for permission tary forces that are at risk; our dip- trained and another 16,000 are cur- to defend the United States. lomats, intelligence professionals, and rently in training. All 27 battalions of The Secretary General’s latest pos- ordinary civilians working in war zones the Iraqi Army will be operational by turing is far from harmless. The U.N. all face enormous danger from a very January 2005. has been given the lead role in orga- treacherous and barbaric enemy. Speaking at New York University re- nizing the elections in Iraq in January. The recent, brutally grotesque be- cently, the Democratic Presidential But Mr. Annan’s comments that we headings of innocent Americans Eu- candidate said, ‘‘Of the 35,000 police have acted illegally in Iraq, comments gene Armstrong on Monday and Jack now in uniform, not one, not one, has which have been replayed across the Hensley yesterday are just two of completed a 24-week field training pro- Arab world, have given an added feel- many examples of the kind of evil that gram.’’ Just yesterday, however, The ing of legitimacy to every jihadist hop- we face and why it must be eradicated. Washington Post reported that the ing to disrupt the vote. Ambiguity is something we probably head of strategic plans and policy for I believe the U.N. has lost its way. It should expect in a heated political the Joint Chiefs of Staff, Lt. Gen. Wal- has ceased to be able to judge the dif- campaign, but anything less than total ter Sharp, said that Kerry’s accusation ference between right and wrong. The candor on national security issues is was just not accurate. According to Secretary General’s speech to the Gen- not acceptable. Gen. Sharp, who is in a position to eral Assembly yesterday illustrated his The junior senator form Massachu- know, basic training for new Iraqi po- belief that there is a moral equivalence setts has accused President Bush of lice officers is eight weeks, followed by between the terrorists and those who ‘‘colossal failures of judgment’’ on his 26 weeks of ‘‘on-the-job’’ field training. are fighting them. That is disturbing, plan for Iraq. He then went on to lay The Post article went on to say that and that is wrong. out his own four-point plan for han- Gen. Casey, the top U.S. commander in However, the Secretary General is dling the conflict in Iraq. His four Iraq, estimates that Iraqi security not alone in expressing it. It is ex- points were, No. 1, to get more help forces will be in ‘local control’ of the tremely disturbing that a former from other nations; No. 2, provide bet- majority of Iraq by the end of Decem- United Nations official, Anna Di Lellio, ter training for Iraqi security forces; ber, which is just 3 months away. Gen. has been named as the Director of No. 3, provide benefits to the Iraqi peo- Casey defined ‘local control’ as a com- Communications for the Volcker panel, ple; and No. 4, ensure democratic elec- bination of having Iraqi security forces a supposedly independent panel inves- tions can be held next year as prom- in place, plus an assessment of the abil- tigating the Oil For Food scandal. Why ised. ity of local political leaders to govern

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.008 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9475 and to manage economic reconstruc- fight for the very ideas at the foundation of But that was last month. A week ago, tion efforts. our society, the way of life those ideas en- on the ‘‘Imus in the Morning’’ show, Others have criticized the President able, and the freedoms we enjoy. Senator KERRY was asked: for not getting NATO involved in Iraq. Thank you Mr. President. Do you think there are any circumstances Too bad they didn’t read yesterday’s The PRESIDING OFFICER. The Sen- we should have gone to war in Iraq? London Financial Times. If they had, ator from Kentucky. That is a pretty simple question. Mr. MCCONNELL. Mr. President, it is they would have read that, ‘‘NATO is Here was Senator KERRY’s response: said that politics is the art of the pos- close to a deal to establish a military Not under the current circumstances, no. training academy in Iraq. The acad- sible. And while certain things are sim- There are none that I see. ply not possible, it is our duty to try emy, which would have a staff of about This was last week. A month ago, he all the same. 300, is intended to give substance to a was in support of the war, but last decision by a NATO summit in June to So today, I will try to explain the unexplainable. The distinguished jun- week he was back in opposition to the provide training to the war-torn coun- war. He says: try as it seeks to build up its institu- ior Senator from has made so many statements on this I voted based on weapons of mass destruc- tions.’’ I hasten to add, that this NATO tion. The President distorted that, and I’ve initiative was put forward by our country’s involvement in Iraq that he said that. I mean, look, I can’t be clearer. President. So getting NATO involved is has taken every conceivable position But I think it was the right vote based on another area where the Democratic possible, and many that are simply not what Saddam Hussein had done, and I think Presidential candidate agrees with the possible. The result is a record of ‘‘diz- it was the right thing to do to hold him ac- administration’s policy in Iraq. Let me zying contradictions,’’ as Charles countable. I’ve said a hundred times, there Krauthammer recently wrote, so con- was a right way to do it and a wrong way to also add that 15 of 26 NATO member do it. The President chose the wrong way. states are sharing the military burden fusing that the more he speaks, the less we understand. Can’t be more direct than that. on the ground with us in Iraq. Let’s try this one more time. Senator Charles Colton’s famous quotation, Mr. President, JOHN KERRY has spo- ken on so many aspects of the libera- KERRY, on the ‘‘Imus’’ show last week, ‘‘Imitation is the sincerest of flattery,’’ said, in answer to the question: certainly applies to my colleague, Mr. tion of Iraq. He has been on both sides of just about every coin in this entire Do you think there are any circumstances KERRY. His four-point plan is not new we should have gone to war in Iraq? and it certainly is not original. A care- debate. I want to address just four dif- He said: ful review of President Bush’s policies ferent positions he has taken. What is more disturbing is that he in Iraq clearly shows that the adminis- Not under the current circumstances, no. has taken these four positions on the There are none that I see. I voted based on tration has been implementing all the most basic question of the liberation of weapons of mass destruction. The President points addressed by Senator KERRY that country. The question is not near- distorted that, and I’ve said that. I mean, well before he even articulated them. ly as difficult as the multiple answers look, I can’t be clearer. But I think it was We need to judge the President’s pol- the right vote based on what Saddam Hus- we continue to get. icy in Iraq, not by the rhetoric of his sein had done, and I think it was the right The question is: Would you have used detractors, but by those who know the thing to do to hold him accountable. I’ve force to remove Saddam Hussein? said a hundred times, there was a right way facts. Tomorrow, the Congress will wel- Back in 2002, the answer was clear come, in Joint-Session, the interim to do it and a wrong way to do it. The Presi- enough. Citing Saddam Hussein’s use of dent chose the wrong way. Can’t be more di- Prime Minister of Iraq, Dr. Allawi. Let weapons of mass destruction, his ter- rect than that. us hear from him how things are going rorist-like actions, and the fact that he When KERRY finished his interview in Iraq. Let us listen to him to find out was part of a global scourge of ter- with Imus, here is what Imus had to what the Iraqi people think of our poli- rorism, Senator KERRY said he com- say about it. Don Imus said: cies and programs for restoring secu- pletely agreed with the President to ef- rity and getting the Iraqi economy I asked him a number of questions about fect regime change in Iraq, unilaterally Iraq and I can’t tell you what he said. going. if necessary. So he voted for the Iraq Let me close by quoting from Presi- That was Don Imus’ summary of war resolution in October of 2002. Sup- JOHN KERRY’s position on Iraq on his dent Bush’s speech, which he gave at port in October of 2002. the UN yesterday. I believe it clearly program last week. Nine months later, Senator KERRY shows why we are in Iraq, something Well, Mr. Imus, you are not alone. started to use another answer. He now The top ranking Democrat on the For- that others do not seem to grasp. The claimed that the war resolution he sup- President said: eign Relations Committee, Senator ported in October 2002 did not empower BIDEN, recently stated: Our security is not merely found in spheres the President to engage in regime of influence, or some balance of power. The I don’t think John should go back and try change. to explain accurate statements that are security of our world is found in the advanc- By January of 2004, around the time ing rights of mankind. These rights are ad- unexplainable. vancing across the world—and across the of the Iowa caucuses, Senator KERRY That is our colleague in the Senate, world, the enemies of human rights are re- had a new position. He was now the an enthusiastic supporter of Senator sponding with violence. Terrorists and their ‘‘antiwar candidate.’’ In January of KERRY. He said why try to explain the allies believe the Universal Declaration of 2004, he was now the antiwar candidate, unexplainable, referring to Senator Human Rights and the American Bill of campaigning in the Iowa caucuses, hav- KERRY’s various positions on Iraq. Rights, and every charter of liberty ever ing been, in October 2002, entirely sup- We could all use clarity from JOHN written, are lies, to be burned and destroyed portive of the war. and forgotten. KERRY with regard to Iraq’s liberation, He then went on to lock up the but none more than Prime Minister He went on to say: Democratic nomination for President. Ayad Allawi, who will be here among We are determined to destroy terror net- So we are into the general election sea- us addressing Congress tomorrow works wherever they operate, and the United son, Mr. President. When challenged by States is grateful to every nation that is morning. Dealing with the terrorists the President to answer whether he and Baathist insurgents, he needs, helping to seize terrorist assets, track down would have gone into Iraq and removed their operatives, and disrupt their plans. more than anyone, to know that the Saddam Hussein based on what we now U.S. position of supporting the liberty The Acting Secretary of the Army, know, KERRY stood on the edge of the Les Brownlee, has eloquently framed of Iraq is clear, unequivocal, and stead- Grand Canyon—a dramatic pose facing fast. He would not get that from read- why Iraq is important in the war on the Grand Canyon—and said on August terrorism when he said: ing JOHN KERRY’s numerous positions. 11: Mr. President, a Senator’s position This is not simply a fight against terror— Yes, I would have voted for that authority. on Iraq should not be all that hard to terror is a tactic. This is not simply a fight against al Qaeda, its affiliates and adher- In August of 2004, in the general elec- explain because it is not a complicated ents—they are foot soldiers. This is not sim- tion, he seems to be back where he was question. It is, however, a tough ques- ply a fight to bring democracy to the Middle in October of 2002. He has gone from tion, representative of the sort of East—that is a strategic objective. This is a support to oppose and back to support. tough issue any Commander in Chief

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.011 S22PT1 S9476 CONGRESSIONAL RECORD — SENATE September 22, 2004 frequently gets. In trying to answer shut down from landslides and pave- ly. The autumn season makes western and re-answer the most important ments giving way. Well over 200,000 North Carolina one of the most beau- issue of this election, central to the residents were left without power over tiful places on earth—and the good struggle for freedom today and tomor- the weekend. Needless to say, it will folks from the mountains are well suit- row, we have a Presidential candidate take time before western North Caro- ed to give some southern hospitality to who constantly changes his mind. This lina can return to a sense of normalcy. visitors from around the country. It is is not some little issue; this is the big- I have been down to the devastated important that we get the word out gest issue confronting the country areas twice over the past two weeks. that this magnificent part of the coun- today. We are 6 weeks from the elec- While my heart broke at the sight of try is open for business during its tion, and this is a man who flip-flops destroyed homes and washed out road- prime tourism season. My thoughts like a fish on the deck of a boat, back ways, my hopes were buoyed by the and my prayers are with every person and forth, back and forth, who doesn’t goodness of neighbor helping neighbor. touched by these hurricanes, not only know where he stands on the most im- It was an image played out all over the North Carolina but throughout the portant issue we are confronting in our towns I visited. Local officials and first southeast and east coast. May God era. responders, some from as far as Raleigh bless each and every one of them. For example, when asked if he would and Charlotte, have done—and con- Mr. President, I yield the floor. have gone into Iraq to remove Saddam tinue to do—a phenomenal job in the The PRESIDING OFFICER. The Sen- Hussein, KERRY recently answered: midst of challenging circumstances. ator from Wyoming. You bet, we might have. I think of the heroic efforts of fami- f lies like Aileen and Glenn Holland. Let me read that one more time. They are not strangers to offering aide INTELLIGENCE REFORM AND THE When asked if he would have gone into after a natural disaster. Long time vol- WAR ON TERRORISM Iraq to remove Saddam Hussein, KERRY unteers through the North Carolina Mr. THOMAS. Mr. President, I be- recently said: Baptists Men Disaster Relief, they lieve it is appropriate, as we move to- You bet, we might have. have traveled all over the United ward the end of our session, to take a Not exactly Winston Churchill. Per- States. But last weekend, they didn’t look at those issues that are before us haps there is some nuance here, such as have to travel anywhere. The destruc- that are most important. Certainly, we an exclamation point or a question tion came right to their front door. Fif- have had a difficult 4 years. Unusual mark, that tells whether this is a dec- teen homes were annihilated in Macon and difficult events have happened laration or a question, but the answer County, but the Holland’s was left which have been very hard to deal to the most critical issue in this elec- standing. When they heard the screams with, and they have made this a chal- tion should not leave the world won- of neighbors, Aileen and Glenn began lenging and difficult time for all of us. dering and more confused than before. taking people in. They even found a We had an economic downturn start- Mr. President, I yield the floor. toddler covered in mud crying from ing before the beginning of this 4 years. The PRESIDING OFFICER. The Sen- fear. The Hollands remained in their So we have taken steps to develop and ator from North Carolina is recognized. home, providing shelter for friends and strengthen the economy, which is still f family until fellow volunteers from the a job before us. However, we are mak- ing good progress, I believe, with re- HURRICANE DEVASTATION Baptist Men Disaster Relief arrived on the scene. spect to that issue. Mrs. DOLE. Mr. President, so many I also applaud the efforts of local We had September 11, which is a States have been devastated this hurri- churches, nonprofits, and groups such tragedy we will all always remember. cane season. My own home State of as the Red Cross for the helping hands And then, as a part of and following North Carolina has been ravaged by the they’re extending all over western that tragedy, we have had the war on effects of not one, but four hurricanes North Carolina. I had the chance to terrorism. in the last few weeks. stop in and thank the volunteers at the Certainly one has to understand that Most recently, western North Caro- Red Cross Shelter in Henderson Coun- we have had a tough time. I think we lina suffered extensive damage caused ty. I was touched to see the families have done rather well moving through by the torrential wind and rain of Hur- finding refuge and reassurance there. this kind of a background and dealing ricane Ivan. Initial estimates from the These are the memories I will keep with this situation that is very un- storm’s destruction in Buncombe Coun- with me as I think back on the far- usual. ty alone are already topping $100 mil- reaching effects from this hurricane We continue to face tough decisions lion. Sadly, this same county had al- season. Yes, there is destruction. Yes, and the followup on those decisions. We ready projected that exact amount in there is great pain. But I find encour- have made an excellent start in the damages following Hurricane Frances. agement in the selfless hearts of North economy. We have made an excellent Counties in western North Carolina Carolinians who are going to great start in the war on terrorism and, in- had barely begun to recover from the lengths to help those struggling deed, are moving forward in that re- flooding of Frances before Ivan roared through the wreckage left behind. gard. We are faced with responsibilities through town late last week. The death It is my desire that we, too, can add and issues that have an impact on the toll from the storm, so far, is 10 people. to that goodwill and deliver the finan- movement we are seeking. It is up to In the town of Henderson, a man and cial aide these areas need to get back us to deal with those issues. his wife were sleeping soundly when a on their feet. Fifteen Western North In the short term, we are dealing huge tree crashed through their house Carolina counties have been declared with the budget, appropriations—those into their bedroom. The husband was federal disaster areas, including Bun- items having to do with spending. One pinned beneath the fallen tree, which combe, Haywood, Henderson and of the impacts of what has happened is ultimately took his life as the home Macon. This designation means that a spending deficit. All of us, I think, had to be stabilized before the tree homeowners and businesses are eligible would agree that under the cir- could be removed. In the Peeks Creek for assistance in the form of loans or cumstances, it was a reasonable and community in southern Macon County, grants from the Federal Emergency necessary thing to do. Most of us un- a landslide sent homes crashing Management Agency, FEMA or the derstand it is time we begin to do away against each other, killing at least four Small Business Administration. There with that deficit and get back to a bal- people, including an unborn child is a $60 million request for North Caro- anced budget, about which I certainly whose mother was forced to have a leg lina included in the President’s emer- feel strongly. amputated and remains in critical con- gency budget. We’re obviously going to We are going to be faced as well with dition. need much more. I would encourage the reorganization of our intelligence- Houses have literally been washed Congress to expedite this aid to those gathering situation. Today, we will be away, and some left standing have been who need it most. faced with a new Director of the CIA, split in two by fallen trees. Main roads I can only hope the end of this dev- which is a place to begin. Obviously, and neighborhood streets have been astating hurricane season comes quick- there need to be some changes there.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.013 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9477 Along with that, during the next sev- than they have been in the past. of government, the kind of country eral weeks, we will be involved in the Whether they put them all into one is where they can enjoy freedom and the reorganization of the entire intel- one of the questions before us, but prosperity of freedom. So if we can con- ligence operation which, again, is very whether we do or not there has to be tinue to provide an opportunity for important. Of course, the most impor- coordination and conversation and in- these folks to take care of themselves, tant aspect of our future is winning the formation exchange among them. form their own government, which is war on terror and support for what we There has to be sharing. We have to de- our plan, of course, that is our goal. are doing in Iraq and Afghanistan. fine the goals we are seeking so we un- Now, it is difficult and I understand We will take up the reform of our in- derstand what it is we are putting forth politically advantageous to complain telligence services. All of us recognize and that each of these various units about the speed at which or the slow- the hard work the Commission has within our intelligence agencies know ness at which it is taking place. The done in putting together a plan, 41 sug- what their responsibilities are and fact is it is going to be slow. It is going gestions and recommendations. We will their goals are and we can put them to- to be difficult. It is a difficult thing to look at those recommendations. They gether to equal what our totals are. We accomplish. We hear complaints about have done it under tough cir- need, obviously, to invest more in the not having a plan. We do have a plan. cumstances. We need to do our best to technical intelligence capabilities. Is everything perfect? Of course not. put into place the best program we can. Those things change constantly. But there is a plan. We know what we This is not a political issue. This is an So more importantly, I suppose most are doing. I was out to the training fa- issue we ought to take a look at and importantly, we need to ensure the co- cility for the Iraqi police and army, say: How do we best avoid the kinds of ordinated use of these resources and and they are making an effort. It is problems we had in the past in col- the personnel and improve communica- slower than we thought, of course, but lecting and putting to good use infor- tions. It sounds like an easy thing, but that is the case. We are going to have the fanatics and mation and intelligence? apparently it is not. In the end, this the insurgents and they are going to be I do not think we should rush to com- type of reform and reform of our intel- fighting us and the Iraqis and they will plete this job. Obviously, it is some- ligence gathering process is necessary. be acting out of desperation, and that thing we need to do, and there is inter- I look forward to the debate we will is difficult. This is not the kind of war est in getting it done as quickly as pos- have soon and I suppose some starting where somebody puts up a white flag sible. I hope our target is to do it in today, as a matter of fact, with the rec- and suddenly it is all over. This is not the best way we know how as opposed ommendation before us for Director of that kind of arrangement. This is much to the fastest way we know how. Per- the CIA. different. People will do it. This will, of haps we need to do both. Again, I hope that we can aim toward course, eventually deny the terrorists We all agree there are weaknesses. fixing the problems, aim toward mov- and extremists the havens they need. Our Government institutions have not ing to solutions rather than again find- So it is a very important issue. It is a adapted to the growing threat of ter- ing ourselves in the 40-some days from victory that will be long and difficult. rorism over more than a decade. We elections where nearly everything is I believe we have to acknowledge that. need to understand again, in terms of talked about having to do with the Again I understand the politics of war, that the situation has changed so elections. saying it is too long, we need to get much. Not long ago, we fought a war Of course, overall, the most impor- out, and we do and everyone agrees with 17 divisions, landing boats on tant challenge we have before us now is with that. But there is a sequence in shores. That is not the case anymore. to win the war on terrorism in places completing our task. There is the first That is not the case at all. That is not such as Iraq and Afghanistan. sequence. It will take a long time and the challenge. The challenge is not The problems and the failures in pre- there will be casualties and it will be often knowing who the enemy is or war intelligence gathering are trou- difficult. But there are happy things to where the enemy is. We have a totally bling, and I am pleased we are doing talk about. There are more than 400,000 different circumstance surrounding the something about it so our leaders will security forces conducting stability op- need for intelligence. have the best accurate information on erations there. The Government is in We have to deal with the fact that which to make decisions. close consultation, training com- terrorists are there to exploit the And we acknowledge errors in the manders; 99,000 Iraqis have been weaknesses in our defenses and in our past. However, the coming debate trained in various security forces. knowledge of what needs to be done. should not draw from the central fact There is a lot going on there. Have we Fortunately, this election year has fo- that operations in Iraq are and always accomplished what we want yet? Of cused some on that point. We have seen have been a critical part of the war on course not. Or else we would be saying fingerpointing attempts to lay blame terrorism. The war being fought in Af- that we have accomplished everything. partly to political advantage, but that ghanistan and Iraq is one that is de- But it is so important that we focus is not what it is about. signed fundamentally to change the en- not only on that but on those things As we move forward with the debate vironment that has given rise and that now are important to us. in the Senate, I am hopeful we will power to Islamic extremism. We are focused on our budget. We are never forget that the blame for the at- The introduction of a stable democ- focused on holding down spending in tacks on 9/11 rests solely on the al- racy in that oppressed region of the the nonessential areas so we can make Qaida terrorists and Osama bin Laden world will create an environment in up this deficit. We need to focus on cre- and the people involved in the Middle which freedom and liberty and peace ating jobs so that we can continue to East for a long time working at these have the potential to grow and to get strength in the economy. We need kinds of things. We need to understand thrive. I am persuaded that is really to focus on having the kind of intel- also that the threat is not over, and we the goal of most of Iraqis. When I vis- ligence that can avoid these things need to continue to deal with it. ited there some months ago, I was very happening in the future. We need to So our focus is trying to figure out much impressed with the feeling of focus on completing the task we have ways to improve the situation and cor- most people. You would go out to undertaken. rect the problem so the events of Sep- schools, to powerplants, into the So we will have an opportunity in the tember 11 will not happen again. streets of Baghdad, and generally there next couple of weeks to do some things, So this obviously involves increasing were all kinds of cars and activity, kids and then certainly we will come back both the quality and quantity of standing on the street waving as we later. I guess my only hope is that we human intelligence, and we need to went by in military cars. can continue to see the tasks clearly take a look at our overall situation, in- I understand how difficult it is with before us, seek to complete the task telligence as well as military, because the relatively small group of protesters successfully as opposed to trying to things, indeed, have to change. We need and persons who do not care about the make a political issue out of wherever to have coordination certainly among future and are willing to blow you up the controversies lie. That is the chal- all the intelligence agencies through- with a car bomb. But the fact is most lenge for us and a challenge I believe out the country, in different agencies people see the merit of having the kind we can accomplish.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.014 S22PT1 S9478 CONGRESSIONAL RECORD — SENATE September 22, 2004 Mr. President, I yield the floor. I sug- What I saw in that house in Robbins, North omy. So when it comes to what working peo- gest the absence of a quorum. Carolina was very American. It was two par- ple need, this really is a Do-Nothing Presi- The PRESIDING OFFICER. The ents working hard, meeting their respon- dency: Do Nothing to create jobs, do nothing sibilities, and living in an economy that to relieve the pressure on the middle class, clerk will call the roll. made the American Dream possible. It was a do nothing to bring down health care costs, The assistant legislative clerk pro- time when you knew that faith, responsi- and do nothing to help more young people go ceeded to call the roll. bility and hard work would lift your family to college. Mr. KENNEDY. Mr. President, I ask up. They would give you and your children You can count on George Bush and Dick unanimous consent that the order for the future they deserve. And this is the great Cheney to do one thing: look out for their the quorum call be rescinded. promise of America. friends at the top. It is very simple: they The PRESIDING OFFICER. Without But I fear today, that that light is flick- honor wealth, not work. ering and that blessing is no longer there for Make no mistake. This idea is the most objection, it is so ordered. any but a few. And this great shift away radical and dangerous economic agenda to Mr. KENNEDY. I understand now from the power and the promise of our mid- hit our shores since socialism a century ago. that we are on the time that has been dle class means that the gifts and the graces Like socialism, it corrupts the very nature designated for Senator DASCHLE, the of too many young people never have a of our democracy and our free enterprise tra- minority leader. chance to shine. dition. It is not a plan to grow the American The PRESIDING OFFICER. That is Today, I fear that a young boy in Athens economy. It is a plan to corrupt the Amer- correct. who goes downstairs and sees his parents at ican economy and shrink the winners’ circle. the kitchen table doesn’t sense hope in his John Kerry and I believe that the hard Mr. KENNEDY. I have been yielded house. He sees his parents trying to get work and responsibility of the middle class 10 minutes and then I understand my through the month. He sees them divide up are the engine of our economy. We believe colleague and friend from Washington their bills into piles that say ‘‘pay now’’ and our government should honor those values has been yielded 5. ‘‘pay later.’’ And he sees his mother and fa- and give everyone who works hard and takes The PRESIDING OFFICER. That is ther work hard and they can’t even break responsibility a chance to do well. We be- correct. even. lieve in expanding the winner’s circle. We be- That boy thinks, ‘‘This is what life will be lieve in one America. Mr. KENNEDY. Would the Chair no- like.’’ He looks on with resignation and the History shows us that our approach works tify me when I have 2 minutes remain- false belief that this is as good as it gets. better for America. To have real economic ing? Two people are responsible for causing this growth in this country, we have to strength- The PRESIDING OFFICER. Yes. great shift in America: George W. Bush and en and expand the middle class. Dick Cheney. Their policies have decimated We saw it with the G.I. Bill. Young men f the economy of Ohio and the American val- had fought for America, and America in- EDUCATION FUNDING ues we believe in. vested in them. Millions of young people This campaign is about different leaders went to college and triggered the greatest Mr. KENNEDY. Mr. President, yes- and different economic plans. It’s about dif- expansion of the middle class the world has terday, JOHN EDWARDS was in Cleve- ferent visions for America. And it’s about ever seen. land, OH, and gave a powerful speech what’s holding our economy down—the cal- We saw it in the 1990s. Government lived on the economy. He pointed out the lous view of a few at the top who believe that within a budget just like our families do. A struggles of the middle class and asked the values that got us here can now be left tight labor market drove up wages. The aver- behind. age family made $7000 more, and we lifted 6 why President Bush made the choices It is because George Bush and Dick Cheney million Americans out of poverty. he has to boost the wealthiest Ameri- abandoned our values that Ohio has lost And look where we are today. George Bush cans and abandon hard working men 237,000 jobs; family incomes have dropped by and Dick Cheney have replaced that virtuous and women. I urge my colleagues to more than $1,500; health care costs have gone path with a vicious circle when it comes to take a look at this great speech. up more than $3,600; tuition at Cleveland our economy. I ask unanimous consent that it be State and Ohio State is up $3000; and once We have a labor market that cannot keep every five minutes an Ohio family files for up with our growing population. We see de- printed in the RECORD. bankruptcy. clining wages even as health care costs go There being no objection, the mate- The struggles people face in Ohio and the through the roof. And the gap between the rial was ordered to be printed in the weakness in our economy are a direct result Two Americas is growing. Corporate profits RECORD, as follows: of decisions made by George Bush and Dick are up. Our most expensive stores’ sales are REMARKS OF SENATOR JOHN EDWARDS Cheney. And those decisions are the direct up. But average wages are down over the last year, and the Targets and Gaps are seeing It is an honor to be with you. result of a vision that honors wealth and their sales stall. Instead of creating good When I was in school, I remember coming privilege rather than work and responsi- middle-class jobs, we’re creating more tem- down the stairs at night. I would see the bility. When our economy suffered after Sep- porary positions, part-time jobs, and jobs in glow of the television, hear the volume on tember 11, this President made a choice. He fast food restaurants. low, and see my Dad working at the kitchen fought for tax cuts for the wealthiest Ameri- When you have a government that does table. He wasn’t going over the family bills cans. And he did nothing to put more money nothing to reward work, our economy or paper work from his job at the mill. He into the pockets of working families. doesn’t pick up and this vicious circle con- was learning math on TV. When our country went 7 straight months tinues. The people at the top do just fine. After a long day at work, he would come of losing jobs, this President made a choice. The people who make this country work home and turn on a local TV station to He proposed $25 billion in backward-looking struggle to get through the month, and our learn. Every year, he’d see another young tax cuts for big corporations like Enron. But economy never picks up steam. person with no experience and a college de- he did nothing to pass tax cuts that would John Kerry and I will break this vicious gree move past him. And he knew that if he encourage businesses to create jobs. circle. And we will put America back on a didn’t try something his chances of moving When the incomes of working families virtuous path where work is rewarded, the up would disappear. began to fall after 7 years of strong growth, middle class expands, and the American So my Dad—like millions of Americans— this President made a choice. He slashed the Dream is there for all who are willing to did what he could for himself so that he overtime for six million workers. But he did work for it. could better provide for his family. I was nothing to raise the minimum wage. It is time to build one America with one proud of what he was trying to do. I was sad When health care costs skyrocketed out of economy that works for everyone. Where no because he couldn’t get a college degree. And control, this President made a choice. He child ever looks on at his parents and thinks, I realized that I lived in a country where I gave away $140 billion to the big drug compa- ‘‘I can’t hope for something better.’’ But could. nies and fought to lift the responsibilities of dreams only of building something better. Standing in that house, I always had hope. HMOs and insurance companies while taking And this is the season for change. It is time At that time, America was a place where away the rights of families. But he did noth- to build an economy that honors our values hard work and determination could take you ing to lower health care costs so Americans and rewards work. anywhere. My mother ran her own small could keep more of their hard-earned money. I know personally what it’s like when the business, refinishing furniture to help pay When Ohio schools raised college tuition factory or the plant closes down. The whole for my tuition. Thanks to my mother and fa- because of state budget deficits, this Presi- town suffers, and that’s what happened when ther’s hard work in that mill, in that busi- dent made a choice. He stood up for subsidies the textile mill my father worked in closed ness, and at that kitchen table, they were to big banks and tried to cut off Pell Grants down. able to buy a house. Later on, they were able for 84,000 students. But he did nothing to re- We can prevent some of these jobs from to help me become the first person in my lieve the burden on our state budgets and in- leaving America. And there are real steps we family to go to college. And I stand here crease student aid. can take that will stem the loss of manufac- today because I have lived in the bright light Every choice he made did something to turing jobs in Ohio. But that alone won’t be and the blessing of America. harm our middle class and weaken our econ- enough.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.017 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9479 One constant of our new global economy is ulation of its currency. They are able to sell know all of the details, but we know a lot of that there will always be change—one sector products for up to 40 percent less—not be- them because of a memo released by his will be growing while another lags. It is the cause they’re more efficient or cheaper, but former Treasury Secretary. responsibility of our leaders to anticipate because they play games in the currency We know people who inherit hundreds of these changes, do what they can to save the markets. This president won’t even say it’s millions will pay nothing; firemen and wait- old jobs and create new ones, and give our against the rules. resses and working people will pay every- workforce the tools it needs to adapt to the John Kerry will. He will fight China’s cur- thing. And we know his plan will take away new economy. rency manipulation. And he will stand up the most important incentive for the single What I will present today is our plan to and defend the federal trade enforcement law most important form of ownership: it will help Ohio and America build one economy. that that has delivered over $200 million to eliminate entirely the tax deduction for This plan will attract new business to Ohio Ohio manufacturers over the last four years. home mortgage interest. and create more manufacturing jobs. And it These trade policies aren’t abstract ideas According to the Treasury Department, will strengthen and expand the middle class or some things that happen over there. They the effects of this project on the economy as so that the American dream of building impact our lives. While we must always a whole are ‘‘uncertain.’’ But the effects on something better is never replaced with the trade and open our markets, we must do so the middle class are clear. It means that dream of just getting by. in a way that is right for our workers and they will bear more of the tax burden in First, we are going to create and keep good the world’s workers. America. paying jobs right here in America. We all have to do well if this economy is It’s time to return to the idea that made Today, if one company wants to move its going to break this vicious circle and start this country great: Instead of helping factory to China and another company wants to grow. And that means making sure busi- wealthy people protect their wealth, we to keep its plant open outside of Marietta, nesses across America can compete with should reward the work of America’s middle the company that ships its jobs overseas is businesses around the world. Today, health class. rewarded. They get the tax break while our care costs add $400 to the cost of a Japanese That is why John Kerry and I have a plan middle class watches more and more good car, but $1400 to the cost of an American car. to cut taxes on work and expand our middle paying jobs leave this country. They get the American manufacturers that have always class. To help middle class families pay for tax break while our middle class loses its done the right thing and offered health care health care, health care reform and a tax muscle. And they get the tax break while are at a growing disadvantage compared to credit to help lower premiums up to $1,000 a your friends and neighbors have to figure out our international competition. year. To help them cover the rising costs of how to live on $12,000 less in their new job. We can change that. We can change it by child care, a tax credit up to $1,000 so chil- This administration values America’s work lifting the burden of catastrophic costs from dren have a safe place to go while their par- so little that they actually proposed to offer businesses and by offering tax credits to ents work. To help middle-class families new tax breaks for companies to go overseas. make health care more affordable. We can keep more of their hard-earned money, we We should be exporting American products, change it by allowing the reimportation of will stop the deceptive and unfair credit card not American jobs. prescription drugs and the government to ne- deals that cost families billions each year. When John Kerry is President, we will end gotiate a fair price. And we can change it by And to give more young Americans the the tax deferral rules that encourage compa- passing a new three-strikes-and-you’re out chance I had to be the first member of their nies to ship jobs overseas. Instead, we will rule that targets the lawyers who clog our family to go to college, a plan to make col- cut taxes for businesses that create jobs court systems with meritless cases that lege affordable. We will provide $10 billion in here. In fact we will cut taxes for 99% of should never be filed-not the victims whose aid for states, including $340 million for American companies that pay taxes and cre- injuries are all too real. Ohio, as long as the state holds tuition in ate jobs. John and I also understand that a strong line with inflation. We will provide every For those small businesses and manufac- economy isn’t just about Wall Street doing person with a tax credit on $4,000 of college turers that want to hire new employees we well. It’s about the strength and livelihoods tuition. And if young people are willing to will create a new jobs tax credit to pay your of our Main Streets and back streets in our give two years of service to their commu- share of the payroll tax for every person you small towns and rural areas. nity, state or country, then we’ll give them hire. And for those small business owners That’s why we’ll create a venture capital four years of college tuition. who want to hire more employees but cannot fund to support small businesses and entre- When we say that we want to cut taxes for afford to insure them, we will give you up to preneurs in small towns that are hurting. We the middle class, these are more than words. a 50% tax cut on your health care to cover will make sure we have broadband every- It’s what John and I have fought for over and your employees. where in America and help small manufac- over again. They want more tax cuts for mil- You see, we believe government should cut turers upgrade their technology. And we can lionaires. We want more tax cuts for the taxes on American business. But it shouldn’t invest in the new technologies and renewable middle class because we know that a strong cut and run from America’s values when it energies so that America can become inde- and growing middle class means a stronger does. pendent of Middle East oil. America. Another way to honor work is to enforce Here in Ohio, your leading universities, re- Just as families live within a budget, our trade agreements and trade laws so we search institutes, and advanced manufac- Washington should too. And we will restore secure a more level playing field for our turing industries will spark new growth and fiscal discipline in Washington. We will roll workers. We need to trade for our businesses, innovation. They are critical for strength- back tax cuts on multimillionaires, restore our consumers, and our economy. But we ening our high tech economy and key to real budget rules, and we will cut corporate need to make sure that our trading partners Ohio’s economic future. loopholes, corporate welfare, and the federal honor their part of the bargain. Since the Second World War, technology bureaucracy that is growing again under Your own Senator, George Voinovich has accounted for nearly 50 percent of the George W. Bush. Our plan will cut the deficit called America’s enforcement of trade laws, state’s economic growth. There are 167,000 in half and this will restore confidence in our ‘‘nothing short of abysmal.’’ Right now, this Ohio workers employed in high tech jobs. markets. It will free up new capital for new administration is using our trade policy to If we expand investment in technology, we businesses and encourage them to start hir- compensate for their own failed foreign pol- can create an economic environment where ing again. icy, by cutting deals with small countries these kinds of good paying jobs are created There is a fundamental American principle willing to support us. And in the meantime, every day. And by investing in education, we we all believe in—creating wealth for those our major trading partners are cleaning our can use our best and our brightest to solve who’ll work for it and expanding the middle clock, bringing two or three trade cases our countries greatest challenges. The class. But the very idea of the ‘‘working against us for every one we bring against strength and knowledge of our working men poor’’ has no place in our America. them. and women will launch the next wave of eco- Cleveland is a proud city, a great city. And Today we are running the biggest trade nomic expansion. And Ohio can and will lead it belongs at the top of many lists. But not deficit in history. Exports are down for the the way. the one we heard about last month—having first time in history. And no place feels the Once we take these steps, our walk is not the highest poverty rate in the nation. We downside of an Administration that fails to done. When we put America back to work, need to see these numbers as a call to action. look out for our businesses and our workers we also need to make sure that work is hon- Poverty isn’t something we can live with. more than Ohio. ored and rewarded. It’s something we must strive to end. Based Ohio has lost 173,000 manufacturing jobs George Bush is talking about building an not on handouts, but based on hard work. We under this President. Here in Cleveland, CHC ownership society, but he has spent four will encourage the job creation in Cleveland Industries shut down its plant because of years building a debt society for everyone by fixing our tax policies and our trade poli- Chinese dumping. except those at the top. His economic vision cies and investing in our small businesses. And I heard a similar story from the work- has one goal: to get rid of taxes on unearned We will honor hard work by raising the min- ers from Techneglas in Columbus. They were income and shift the tax burden onto people imum wage. That will help 396,000 people in part of the television glass and components who work. And he has moved toward that Ohio. And we will honor hard work by ex- manufacturer that closed three plants and goal with the tax cuts he has passed already. panding tax credits for those who work. sent 1,100 workers home. And one of the rea- The President’s new ‘‘tax reform’’ is the In Cleveland, thousands of working fami- sons they closed is China’s continued manip- ultimate expression of his values. We don’t lies who are eligible for those tax credits

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.002 S22PT1 S9480 CONGRESSIONAL RECORD — SENATE September 22, 2004 don’t collect them. Thousands get advance cation can open the doors of oppor- ards so that we can have higher results ‘‘tax refunds’’ that are actually loans at in- tunity to our people. It helps the next and academic achievement for our chil- terest rates of 100 percent or higher. And generation realize their potential and dren. Yet we find that Bush under- often these families see their earnings erod- fulfill their dreams. A good education funded the reforms of No Child Left Be- ed even more by predatory lending at rates no one should have to bear. Ohio has the strengthens our economy as it prepares hind this year by $9.4 billion. highest foreclosure rate in the country, and young Americans to get good jobs and There are 6,500 schools identified as in Cleveland, 1 in 66 homes were in fore- compete in today’s world. Parents in need of improvement and President closure in 2003. want their children to succeed, but Bush has never once proposed funding We can do something about it. First, we’ll over the past 4 years we have seen a to turn around schools that need im- work with Cleveland to lead an outreach President and an administration with provement. campaign, expand voluntary help with taxes, an incompetent education policy and Here it is. The President said on Jan- speed up tax refunds, and get the IRS out of incompetent education budget. uary 23, 2001: the business of encouraging high-interest Many of our schools, particularly low-in- loans. We will crack down on predatory lend- President Bush can find more than $1 trillion to give away in tax breaks for come schools, will need help in the transi- ing to save Ohio families $300 million a year, tion to higher standards. and use our laws to prompt banks to offer the elite but he cuts funding for his more loans and services to low income fami- own education reforms. He can waste Higher standards mean better trained lies. And we can make sure fathers honor billions of dollars in contracts to Halli- teachers who are teaching in under- their responsibilities by paying child support burton but cannot find a dime to in- served areas. It means support services and helping them work. crease Pell grants. When it comes to for those children who are not being We can lead a rebirth right here in Cleve- the education of our children and help- able to keep up with the rest of the land. This city has 350 brownfields covering class. It means help and assistance for 6,000 acres. We can clean them up and replace ing the middle-class families afford col- lege for their children, and helping limited-English-speaking children, hollowed out buildings with good new homes. those who are speaking a foreign lan- And we can strengthen the public schools in workers get retrained for new jobs, this Cleveland so that families stay in the city. administration has been AWOL. guage who need the extra help and as- You just laid off more than 800 teachers be- On issue after issue, the administra- sistance in order to be able to perform cause the schools are underfunded. How are tion has misled the country with the at standard, and also reforms for strug- we going to educate the best minds of tomor- long trail of broken promises and gling schools in many of our urban row without a good teacher at the head of unmet commitments. Incompetence is areas and some in our rural areas. every classroom? hurting our families and our commu- There was a guarantee in the No One thing that you understand here in Child Left Behind funding for qualified Cleveland is that poverty isn’t ‘‘their’’ prob- nities. On Iraq, the administration ma- nipulated and distorted intelligence in teachers, funding for afterschool pro- lem. Nobody is more eager than you to fight grams, funding for limited-English- poverty because you understand that the a rush to war. We have had incom- fate of your city depends on the success of petent leadership in trying to find a speaking children, funding for strug- all of your residents. And that is exactly the way of peace, and America is less safe gling schools, and yet that has been a same thing for America. Creating oppor- today. failed promise. tunity for all is not an expression of compas- We have had incompetency in the This chart indicates where the Bush sion. It is an expression of our commitment management of our economy with the budget is with regard to the No Child to do what is best for America. Left Behind Act, all the way out to fis- At the heart of this campaign, we want to loss of 1,700,000 jobs. Wages are down. Expenses are up. Health premiums are cal year 2012, and that leaves over 4 make sure that everyone has those same op- million children left out and left be- portunities that I had growing up—no matter going through the roof. Gasoline prices where you live, who your family is, and what are up. College premiums are up. In hind. This was the commitment in the No the color of your skin is. This is the America health care, we have a double-digit in- Child Left Behind Act that this Presi- we believe in. crease in premiums. Drug costs are dent signed to say that no child would You honor work and inspire confidence by going through the ceiling. There is a building one economy that honors our values be left behind, and that every child rising number of uninsured. Iraq, the and strengthens our great middle class. With could reach proficiency. this simple and enduring principle serving as economy, health care, and now edu- In my State of Massachusetts, in the our moral compass, we can break this cur- cation. last MCAS test, which is generally rec- I have a statement the President rent vicious circle and put our economy back ognized nationwide, 62 percent of the on a virtuous path. made January 23, 2001: This is what the politics of what’s possible children were able to get proficiency in My focus will be on making sure that every reading and 57 percent in math. We are can build and John and I need your support child is educated. not giving up on those children but evi- to make this happen in America. These are the K–12. This is the col- For in the end, this election comes down to dently the administration has. a simple choice. If you believe that our econ- lege education. These are the children Next, in higher education, this is omy—Ohio’s economy—is strong when who need the training programs and what the President said on August 30, month after month jobs are lost and family yet we see that under the administra- 2000: incomes decline, then you can vote for tion’s budget 4.6 million of these chil- A child eligible for a Pell grant future will George Bush and Dick Cheney. But if you dren are being left behind. be affected by the size of the Pell grant. I am want an economy that honors work and lifts College tuition has gone up 38 per- going to ask Congress to bolster the first up our middle class, then your choice is clear cent in the new calculations since this year aid . . . to $5,100 per recipient of the and it is time to make John Kerry our next President took office, which makes Pell grant. . . . president. Many of us are angry at what George Bush payment of the premiums for a college That was on August 30, 2000. When and Dick Cheney have done to our great education out of the reach of middle- was that? Just before the election. country and the values we cherish. But anger income families. I have the budget of this administra- never changed America; our actions do. And We have had an actual $600 million tion on the Pell grants for the last 4 this is what we will do create good paying cut in job training programs. years: Zero, zero, zero in terms of the jobs, invest in the jobs of the future, and lift This is what the President said: increase of the Pell grants at a time up and expand our great middle class. Funding is important and so is reform. So when we have increases in higher edu- We will do this for America. we must tie funding to higher standards and cation going up 38 percent. So that once again, we can live in the accountability— bright light and the blessing of America. This is an abdication of responsi- Where a child no longer sees despair when We agreed with that— bility to the children of this country. his parents sort bills at the kitchen table, for results. Schools will be given a reason- We have had an abdication of responsi- but believes in the promise of America. That able chance to improve and the support to do bility in health care, in the economy, hard work, responsibility and the love of his so. and in education. family can create a future filled with hope Money is not the answer to every- What we do not have with this ad- and grace. thing but it is a clear indication of a ministration is attention to special in- Mr. KENNEDY. Mr. President, few nation’s priorities. This is a commit- terests. We saw over the passage of the issues are more important to a strong ment of the President to provide the Medicare debate where this adminis- America than strong schools. Edu- support so we can have higher stand- tration gave $139 billion in windfall

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.004 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9481 profits to the drug industry, $46 billion newspaper on the Federal page, Sep- said John Stanton, a senior lawyer for Clear to the HMO industry. Now what do we tember 22, ‘‘EPA Wording Found To the Air, an environmental coalition that have, the student loan scandal. Mirror Industry’s.’’ spotted the similarities between the regula- tion’s language and the industry memo. My friend from the State of Wash- For the third time, environmental advo- The proposed regulation concludes that al- ington will speak to this issue, but I cates have discovered passages in the Bush though the EPA determined in 2000 that ar- wish to point out what was printed administration’s proposal for regulating senic, chromium and other metals are poten- today in the New York Times that says mercury pollution from power plants that tial carcinogens, there is too much uncer- it all. mirror almost word for word portions of tainty to justify regulating them. I ask unanimous consent that the memos written by a law firm representing That conclusion is backed by two sections the coal-fired power plants. of the proposed rule that address whether whole article be printed in the RECORD. the EPA is compelled to regulate non-mer- There being no objection, the mate- There it is again, taking care of the banks, taking care of the powerplants, cury pollutants, an issue that first arose in rial was ordered to be printed in the 1990 when Congress rewrote sections of the RECORD, as follows: taking care of the drug industry, but Clean Air Act. At the time, Congress made [From the New York Times, Sept. 22, 2004] not taking care of working class Amer- an exemption for the utilities, saying the icans, not taking care of middle-in- EPA should study whether it was both ‘‘ap- BANKS AND THE COLLEGE LOAN LOOPHOLE come Americans. propriate and necessary’’ to regulate them. The Bush administration has studiously I ask unanimous consent that the en- In 2000, in the waning months of the Clinton looked the other way while well-connected administration, the EPA concluded that util- lenders have exploited a loophole in the stu- tire article be printed in the RECORD. There being no objection, the mate- ities should be listed as a source of toxic dent loan program that will reap them near- emissions and regulated accordingly. ly a billion dollars in undeserved subsidies rial was ordered to be printed in the In light of the 2000 decision and past stud- this year alone. Congress, which rakes in RECORD, as follows: ies, EPA officials said they are obligated to contributions from banks and other lenders, [From the Washington Post, Sept. 22, 2004] regulate only mercury in coal-fired power was reluctant to even discuss this problem EPA WORDING FOUND TO MIRROR INDUSTRY’S plants and nickel in oil-fired plants. The until a public outcry recently made it impos- (By Juliet Eilperin) nine attorneys general and two state envi- sible to avoid. The Education Department ronmental secretaries wrote the agency on has claimed that it lacks the authority to For the third time, environmental advo- June 28 saving the EPA is legally required to close the loophole unilaterally. But that po- cates have discovered passages in the Bush address other pollutants as well, citing a 2000 sition was blown away this week in an un- administration’s proposal for regulating decision by the U.S. Court of Appeals for the usually caustic report by the Government mercury pollution from power plants that D.C. Circuit. Accountability Office, which outlined the mirror almost word for word portions of The Aug. 5, 2002, memo from Latham & scope of the problem and urged the Edu- memos written by a law firm representing Watkins, submitted during the public com- cation Department to solve it quickly. coal-fired power plants. ment period on the rule, said hazardous air At issue is a special category of student The passages state that the Environmental pollutants other than mercury did not need loans for which the government guarantees Protection Agency is not required to regu- to be regulated. It made multiple references the lenders a whopping return of 9.5 percent, late other hazardous toxins emitted by to statements by Rep. Michael G. Oxley (R- even though the prevailing rate charged to power plants, such as lead and arsenic. Sev- Ohio) that ‘‘Congress provided a distinct reg- students is now less than 3.5 percent. The 9.5 eral attorneys general, as well as some envi- ulatory mandate for utility [hazardous emis- percent loans, backed by tax-exempt bonds, ronmental groups, have argued that the sions] because of the logic of basing any deci- were established when interest rates were Clean Air Act compels the EPA to regulate sions to regulate on the results of scientific high in the 1980’s to keep lenders in the col- these emissions as well as mercury. study and because of the emission reductions lege laon business, Congress tried to phase The revelations concerning language writ- that will be achieved and the extremely high out the high-interest loans in 1993, when it ten by Latham & Watkins could broaden an costs that electric utilities will face under rightly concluded that they were no longer ongoing probe by the EPA’s inspector gen- other provisions of the new Clean Air Act needed, but they have not gone away. eral into whether the industry had an undue amendments.’’ As interest rates declined, the lenders, influence on the agency’s proposed mercury The EPA used nearly identical language in abetted by the Education Department, devel- rule, legislative critics of the proposed rule its rule, changing just eight words. In a sepa- oped a series of accounting tricks that create said. rate section, the agency used the same new 9.5 percent loans essentially out of thin Sen. James M. Jeffords (I-Vt.), ranking italics Latham lawyers used in their memo, air. This process, sometimes described as member of the Senate Environment and Pub- saying the EPA is required to regulate only cloning, has made the number of 9.5 percent lic Works Committee and one of the senators the pollutants under Section 112 of the Clean loans balloon and ratcheted up the subsidies who called for the probe last spring, said the Air Act ‘‘after considering the results of the that the government must pay. Worse still, revelation that the EPA adopted the same study required by this paragraph.’’ The recent press accounts suggest that higher- wording as an industry source ‘‘no longer memo uses the world ‘‘subparagraph’’ in- ups in the department may have overruled comes as much of a surprise.’’ stead of paragraph but is otherwise identical. auditors who tried to put an end to this proc- ‘‘The Bush administration continues to let Latham lawyer Robert A. Wyman Jr., who ess. industry write the rules on pollution, and authored the memo, declined to comment The House voted to end the unfair sub- this is just one more example of how they last week on grounds that the firm does not sidies temporarily—and is likely to settle on abuse the public trust,’’ he said. discuss client matters unless directed to do a permanent solution soon. But the Senate EPA spokeswoman Cynthia Bergman so. Appropriations Committee ducked the issue would not comment on the connection be- The Washington Post and the Los Angeles last week when it rejected a measure that tween the law firm memo and the agency’s Times reported earlier this year on instances would have driven a stake through the proposal beyond saying that it is ‘‘a public in which industry-written language had sur- wasteful program and redirected some of the document. It was publicly debated as part of faced in the mercury proposal. A spokesman savings to student aid. By one estimate, even the rulemaking process.’’ for the inspector general’s office said its in- six months’ delay in dealing with this prob- She added that pollutants such as lead and vestigation of the issue should be done by lem would cost the taxpayers nearly $3 bil- arsenic are not the central issue: ‘‘EPA con- early next year. lion in interest payments. That money tinues to be most concerned with mercury. That, I believe, is what this whole elec- should be going to poor and working-class We will be regulating mercury emissions tion is about. college students—not to banks. from power plants for the first time, and we Finally, the President of the United Mr. KENNEDY. By one estimate, will concentrate on the need to protect chil- States is out today in Pennsylvania even 6 months’ delay in dealing with dren and pregnant women.’’ Environmentalists have assailed the EPA and also in Wisconsin. I hope he will this problem will cost the taxpayers for months arguing that the mercury rule, explain to the people in Pennsylvania nearly $3 billion in interest payments. slated to be finalized next March, would not why he is leaving out 65,800 school- That money should be going to poor adequately curb a toxin that can enter the children, who are being left behind in and working class college students, not food chain through fish and cause develop- the funding of the No Child Left Behind to the banks. ment damage in infants and young children. Act in Pennsylvania. And when he We have an administration that The rule, they said, does nothing to limit travels to Wisconsin on Friday, I hope takes care of the special interests, and chromium, lead and arsenic pollution from he will explain to the parents out there now we find they are taking care of the utilities, all of which exceed mercury emis- sions and could pose a health threat. in Wisconsin why he is leaving behind banks as well. They take care of the ‘‘The big story here is the public health 26,300 children, who are left behind in drug companies, the HMOs, and the story; things like arsenic, lead and chro- the State of Wisconsin. banks. All one has to do is read the mium are being released in very large quan- The parents of the children in Penn- newspaper. Look at this morning’s tities and pose a very serious health threat,’’ sylvania, the parents of the children in

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.020 S22PT1 S9482 CONGRESSIONAL RECORD — SENATE September 22, 2004 Wisconsin, are entitled to answers. Who is paying the price? Our college in the past 18 months amount to such a scan- They are tired of rhetoric. They are students. This year we are throwing dal. The loans in question, established in tired of cliches. They are tired of mis- away $1 billion that we could be using 1980, are guaranteed by the government at 9.5 percent. Yet most students are paying inter- representations. They want the facts. to help more students go to college. So est rates of 3.5 percent or less. The dif- They want the truth. We have a can- in the Appropriations Committee last ference—all taxpayers’ money—is pure profit didate who will give it to them. week, I offered an amendment to fi- for the companies that have taken advantage I see my friend and colleague in the nally stop this taxpayer ripoff. My of a loophole in the law. Chamber, Senator MURRAY. Whatever amendment would have used the sav- According to a recent report by the Insti- remaining time I have, I yield to her, ings from this ripoff to help 700,000 stu- tute for College Access and Success, a non- and I thank the Chair. dents get another $3,000 for college. It profit education think tank, Congress had The PRESIDING OFFICER. The Sen- actually intended to end in 1993 the 9.5 per- would have helped the parents of 25,000 cent loan guarantee, one of many programs ator from Washington. low-income students get child care on that provide incentives for institutions to Mrs. MURRAY. Mr. President, how campus. It would have helped another lend to students. In May 2003, one company, much time is left? 200,000 students get $800 in grants. It Nelnet Inc., wrote to the Education Depart- The PRESIDING OFFICER. The Sen- would have helped 180,000 low-income ment to confirm its intention to expand its ator has 5 minutes 15 seconds. and first-generation students prepare holdings of old loans with the 9.5 percent in- terest rate. Nelnet received no answer from f for college through TRIO and GEAR the department for a year, during which STUDENT LOAN SCANDAL UP. And it would have helped thou- time the department continued paying the sands of migrant students attend col- Mrs. MURRAY. Mr. President, I come company. In June of this year, the depart- lege. ment replied inconclusively—at which point to the floor today to talk about this When I offered my amendment, ev- the company’s stock price climbed 20 per- scandal to which the Senator from erybody on the committee seemed to cent. Although Nelnet is the largest holder Massachusetts alluded. It is mentioned agree that this subsidy should end. But of loans guaranteed at 9.5 percent—and its in the New York Times today, ‘‘Banks when it came time to vote, every Re- holdings of such loans have increased by 818 and the College Loan Loophole.’’ publican member voted against my percent since January 2003—it is only one of many such lenders. According to a prelimi- I talk to families all over the State amendment. They voted against tax- of Washington, and they are struggling nary Government Accountability Office re- payers, they voted against students, port, commissioned by Reps. Chris Van to pay for college for their kids. They and they voted against our families. Hollen (D–Md.) and Dale E. Kildee (D–Mich.), all agree college education is far too They said they wanted to deal with it 37 lenders receive payments for loans with expensive for many families. You later. I am here today to say that tax- guaranteed interest rates of 9.5 percent, at a would think the Federal Government payers are getting ripped off every day government cost of $1 billion annually, and would be doing everything possible the volume of such loans is rising. we delay. If we wait 6 months, as was Why wasn’t the loophole shut long ago? today to make college more accessible suggested, taxpayers will lose billions for all of our families. Sadly, that is Education Department officials argue stren- of dollars, and students will not get the uously that only a two-year regulatory proc- not the case. help they need. The time to do this is ess could have done so, and they didn’t ini- Last week in the Senate we had a now. tiate one, they say, because they thought chance to help students to get to and I am not willing to waste another Congress would deal with it. Congressional get through college. Unfortunately, the dollar that could be in the pockets of Republicans say they expected to deal with majority on the Appropriations Com- our students today, and that is why the the problem in a comprehensive higher edu- mittee blocked my commonsense, stu- cation bill, but that has failed to pass (and in Senate needs to act now. The Govern- any case the proposed language would not dent-friendly proposal. Instead of ment is paying 30 times more than it standing up for students, unfortunately have ended all the payments). Yet, other so- should for these special interest sub- lutions could have been found: In the wake of the committee stood up for banks and sidies—30 times more. That is a ripoff. revelations about the scale of the payments, other special interests that have been This is as if you walk into a college the House yesterday passed an amendment gaming the system for years, at tax- book store and a textbook on the shelf to an appropriations bill, offered by Mr. Van payer expense. costs $100. If that textbook had the Hollen and Mr. Kildee, that would close the I am on the Senate floor today to say same outrageous markup as these loophole completely, albeit temporarily. (Of that students should come before spe- course, there is no guarantee it will become loans, that student would be paying law.) And one former Education Department cial interests. Student loan programs $3,000 for the same textbook. Taxpayers were started to help our students. They general counsel has written to the secretary are paying $3,000 for something that of education, Roderick R. Paige, arguing were not started to line the pockets of only costs $100 because of this runaway that the loophole could have been closed im- lenders. It is time to end the taxpayer subsidy, and that is outrageous. There mediately if officials had wished to do so. ripoff that is occurring today and do is no reason for taxpayers to be paying There could be other explanations for their more to help our students afford col- a markup of 30 times the real cost. reluctance. One is that the president of Nelnet, Don R. Bouc—who has called for the lege. We were all outraged when Halli- Back in the 1980s, interest rates were loophole to be shut and the money to be bet- burton charged taxpayers $45 for a case ter used—is well-connected enough to have high. Many people were concerned that of soda that sells for $7 at the super- our lenders would stop making student been appointed to Mr. Paige’s advisory com- market. Halliburton marked those mittee on student financial assistance. Here loans, so Congress created a tem- prices up 6 times. Today, lenders are is another: According to a report in the porary—and I emphasize ‘‘tem- marking up student loans at a price 30 Chronicle of Higher Education, Nelnet is the porary’’—measure to keep college times higher than they should. No won- second-largest contributor to congressional loans affordable for our students. der the Washington Post called this a campaigns in the student loan history, beat- en only by industry giant Sallie Mae. Over At the time, it worked. Lenders kept scandal. making loans, and students were able the past 18 months, the student loan indus- I ask unanimous consent to have the try has contributed about $750,000 to the 49 to afford college loans. This was sup- Washington Post editorial on this posed to be, as I said, a temporary members of the House Committee on Edu- printed in the RECORD. cation and the Workforce, of which $136,000 measure. In fact, it was supposed to be There being no objection, the mate- has gone to the committee chairman, Rep. phased out in 1993, when interest rates rial was ordered to be printed in the John A. Boehner (R–Ohio), and $175,000 to started coming back down. Interest RECORD, as follows: Rep. Howard P. ‘‘Buck’’ McKeon (R–Calif.), rates came down; this subsidy lived on. chairman of the subcommittee on higher [From the Washington Post, Sept. 10, 2004] For the past 11 years, taxpayers have education. Mr. Boehner’s spokesman vehe- paid these lenders far more than they STUDENT LOAN SCANDAL mently denies any connection between the should have. Taxpayers are actually There are bureaucratic errors, there is con- contributions and the issue and maintains subsidizing profitable companies to gressional negligence—and then there are that the committee’s bill would have fixed bureaucratic errors and congressional neg- the problem, which was mentioned in the make loans that are far above today’s ligence on a scale so vast that it is hard to president’s latest budget. Still, it is difficult interest rates. Clearly, taxpayers are believe they can be accidental. The hundreds to understand, given the sums involved, why paying a huge bill while special inter- of millions of dollars in unnecessary govern- neither Mr. Paige nor Congress made this a ests are taking the money to the bank. ment payments to the student loan industry higher priority.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.022 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9483 For nearly a decade we have argued that Would the Senator be willing to ex- made a commitment to voting rights, Congress should reduce subsidies for banks press an opinion on that? we said voting rights for all Americans. that lend to students, and instead expand the Mrs. MURRAY. Mr. President, the When we made our commitment to all direct-loan program, which provides about a Senator from Massachusetts is abso- children in this country, we meant all quarter of student aid—or else reform the system to make it harder to manipulate. lutely correct. The Department of Edu- children. This scandal provides an excellent reason to cation could end this today with a sim- There it is. This is not disputed. We look again at these questions. ple rulemaking procedure. Instead they are failing more than 4 million chil- The PRESIDING OFFICER. The time are pointing fingers, saying Congress dren. That is unacceptable, particu- of the Senator has expired. has to do it. Congress had the oppor- larly when we find that this adminis- Mrs. MURRAY. I ask for an 2 addi- tunity in the Appropriations Com- tration is looking out for their special tional minutes. mittee last week. They said, no, we interests. The PRESIDING OFFICER. Without have to wait for an authorization 6 I think we have an opportunity to objection, it is so ordered. months from now. Every month that change that on election day, and hope- Mrs. MURRAY. Mr. President, the goes by we lose billions of dollars in fully will. Senator from Massachusetts asked taxpayers’ money and thousands of I thank the Senator. unanimous consent to have the New students don’t get access to college. We I yield the floor. The PRESIDING OFFICER. Who York Times editorial from today print- don’t need any more fingerpointing on seeks recognition? ed in the RECORD. It clearly laid out this. The Senator from North Dakota. the case for what is happening today to I think the Senator would agree that we don’t need the Department of Edu- Mr. CONRAD. Mr. President, how taxpayers who are paying a tremen- much time do I have? dous price. And who is losing? It is our cation pointing to Congress and Con- gress pointing to the Department of The PRESIDING OFFICER. The Sen- students. ator has 5 minutes. We have to stop overcharging the Education. We need to stop this now. American people. We still have time to The Department of Education can do it f do it this year and help students get to by rulemaking and we can do it on any THE ECONOMY bill that comes before us. But we need college at a time when we all know tui- Mr. CONRAD. Mr. President, yester- to do it and we need to do it quickly. tion rates are rising. We need to give day we heard a number of my col- Mr. KENNEDY. I thank the Senator more to get more students there. leagues talk about their view of the for her comments. I warn the Senate, the clock is tick- economy and their view of the fiscal af- ing. Every Member of the Senate has to On August 27, Sally Stroup, Assistant Secretary for Education, said, ‘‘I don’t fairs of the country and their view that decide if they stand with students and things are on a positive track. Today, I families and taxpayers, or if they are think we have the legal authority to stop them.’’ would like to respectfully offer the going to stand with the special inter- other side of the story and what I view ests. Millions of students and millions They made no effort to try to stop them. Senator MURRAY is leading the as a very dangerous course the Nation of families are waiting for this answer. is pursuing under the leadership of We have to stop the special interest fight in the Appropriations Committee to try to save the taxpayers and save President Bush. subsidy today. Earlier this year, on August 30, the Mr. President, I yield the floor. middle-income families who are stretched with their tuition. Now we President was on the NBC ‘‘Today’’ Mr. KENNEDY. Mr. President, I un- show and the host asked him this ques- derstand we have a colleague who is on have the General Accounting Office saying they do have the power. tion: her way to the floor. I ask unanimous Let me ask you about deficits. This year, consent she be entitled to 5 minutes I wonder if the Senator would agree with me that we see a whole pattern $445 billion. Ballpark, do you think that’s and that we have 5 additional minutes. pretty good? The PRESIDING OFFICER. Without from this morning’s newspapers about how the administration is effectively President Bush: objection, it is so ordered. Yes. I do, I do. Mr. KENNEDY. I ask the Chair to re- right in the tank for the powerplants That is an odd sense of accomplish- mind me when I have 1 minute left. with regard to mercury, coal-fired pow- ment because that is the biggest deficit I ask the Senator from the State of erplants, and is now with the bank on in the history of the United States. Washington, does she not agree with student loans. We have seen it with re- The deficit that is now estimated to be me that this administration has the gard to the HMOs. I am wondering who some $422 billion we know is going to power to do something about this, and is going to stand up for working fami- be larger because we are funding some could do something about it today, this lies and who is going to stand up for of next year’s defense money this year giveaway that is written about in the middle America. because of mounting costs in Iraq. But prominent national newspapers as a Mrs. MURRAY. Mr. President, the even at the $422 billion figure, that is giveaway to the banks? Does she agree Senator from Massachusetts is abso- the largest deficit in the Nation’s his- with me that the Department of Edu- lutely right. This is outrageous. We tory, and by a big margin. cation has said we don’t have the au- have the Department of Education Last year, under President Bush’s fis- thority, we don’t have the power, we pointing fingers at Congress when they cal plan, we had what was then a don’t have the legal ability to do some- can make a ruling and stop this prac- record deficit of $375 billion. Now it has thing about it? Yet we have the Gen- tice today. According to all accounts, increased to $422 billion. But frankly, eral Accounting Office report: the delay of this is costing billions of dollars. If we wait for Congress to act that understates how serious the situa- Family education loan program, statutory tion is. and regulatory changes could avert billions— on reauthorization of the act 6 months or longer from now, taxpayers are By contrast, if you go back to the Hear that? Billions— going to lose $2.8 billion in interest Clinton years, each and every year of . . . in unnecessary Federal subsidy pay- payments. We are in the Senate where the Clinton administration the deficits ments. we know that access to Head Start is were reduced and held for a 3-year pe- On page 8: critical, we know access to college is riod. We actually ran budget surpluses. We disagree with the department’s charac- critical, and we know that $2.8 billion This President has punched us back terization of their authority. sent to the bank today means students into deficit, and by a country mile. It seems to me, if this President were are not getting higher education. The Bush administration now claims interested in protecting middle-income Mr. KENNEDY. Mr. President, when that the deficits are coming down. This families, in avoiding the kind of con- we made the commitment of No Child is the budget director, OMB, chosen by tinued wasteful subsidy and giveaway Left Behind, we thought we were in- President Bush. He says: to the banks, that the President, the cluding all children. When this body We continue to have deficits, even though Department of Education, this admin- committed to Medicare, we didn’t say they are coming down dramatically. istration, could do something and do we are going to leave some senior citi- I don’t know what his notion of com- something today. zens out; we said all seniors. When we ing down is, but here is the record. The

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.010 S22PT1 S9484 CONGRESSIONAL RECORD — SENATE September 22, 2004 deficits are not coming down. The defi- He said there is no money needed to that is not realistic, he supported cits are getting bigger. fix the alternative minimum tax past Congress’s move to put in a $25 billion The last year of the Clinton adminis- this year. Yet we know the alternative reserve fund. But look what the Con- tration, the first year of the Bush ad- minimum tax, that affects 3 million gressional Budget Office says the real ministration, which is a budget that people now and will affect 30 million cost is going to be: over $300 billion. It the President inherited, the budget was people by 2010. That is the old million- is not in the President’s budget. in surplus by $127 billion. The next aire’s tax that has now become a mid- Of course, the President has left out year, 2002, it went to $158 billion of def- dle-class tax. My friends, we all know the money he is borrowing from Social icit. That was the first year under the Congress is not going to allow the al- Security. Mr. President, $2.4 trillion is Bush administration. The next year, ternative minimum tax to affect 30 being borrowed from Social Security $375 billion of deficits, then the largest million taxpayers. Yet the President over the next 10 years, every penny of dollar deficit in our history. This year, provides nothing in his budget past which has to be paid back. He has no it is $422 billion, and the President’s next year—nothing. plan to do so. In fact, he has a plan to budget director says the deficits are In fact, if you go back and you put add even more costs by having a pri- going down dramatically. What is he back the items the President has left vatization of Social Security, or at talking about? The deficits are not out—the money he is borrowing from least a partial privatization that would going down. The deficits are going up. Social Security that he has to pay cost trillions of dollars more. From The truth is the official deficit, what back; it is not in his budget; if you put where is the money coming? From is called the deficit by the press, what in the money needed to fix the alter- where is the money coming? It is all is called the deficit by this administra- native minimum tax or the money for being borrowed. tion, badly understates how serious the the ongoing war costs—this is what Is anybody paying attention to what fiscal condition is of the United States. emerges as a realistic analysis of what this administration is doing to the fis- The debt of our country is not going to cal policy of this country? Is anybody increase by the advertised deficit of is going to get added to the debt and paying attention to what this means to $422 billion. This may come as a great what the deficits are going to look like our economic future? Is anybody pay- surprise and shock to many to find over the next decade. Actually, this is ing attention to what it means to our that the debt is going to increase by conservative because we have left out a much more than the deficit. But the lot of things that are also being done future military strength? You cannot truth is the debt of the country is by this administration that will add to be strong militarily if you are weak fi- going to increase by over $633 billion the debt. So this, too, understates how nancially. This administration is this year. The reason for the difference serious the situation will become. digging a deeper and deeper hole for is they are not counting the $150 bil- But even with this look, on just a this country on the financial front. You remember, when the President lion—roughly $150 billion—they are limited number of items—the Presi- unveiled his tax cuts, 3 years ago, he borrowing from Social Security, every dent’s request for additional tax cuts, penny of which they have to pay back. the President’s need for additional said he was going to have maximum It does not get counted in the deficit funding for defense, the President leav- paydown of the Federal debt. Do you calculation. If you add in the money ing out the cost of the alternative min- remember that? He said he was going they are borrowing from Social Secu- imum tax—you can see we are not to pay off all of the Federal debt that rity, which they have to pay back, the going to see a reduction in the deficit was available to pay off. But look what money they are borrowing from Medi- in the coming years under the Presi- has really happened. The debt is not care, which they have to pay back, the dent’s plan. No. The amount being being paid off. The debt is exploding. money they are borrowing from every added to the debt is going to increase, The debt that was $5.8 trillion in 2001 other trust fund, which they have to and increase, and increase. What we see we now anticipate will approach $15 pay back, the debt of the United States is an ocean of red ink over the next trillion by 2014, and, of course, all of is going to increase this year by over decade. this is happening at the worst possible $630 billion. That is a staggering sum. Let me show you some of the things time, right before the baby boomers re- The Bush administration promised the President has left out as he has tire. that deficits will be reduced in the fu- structured his budget. As I have indi- Not only is the President borrowing ture. President Bush in Annandale, VA, cated, on the tax cut, he only shows every penny available to be borrowed on August 9 of this year said: now in his budget the first 5 years of from Social Security—and, by the way, So I can say to you that the deficit will be the effect of the tax cut. Before he sub- he is doing the same thing with Medi- cut in half over the next 5 years. mitted 10-year budgets; this year, just care—he is also now borrowing from This is the same President who said, a 5-year budget. Why? Because he did countries all over the world. It may by the way, in his first year there not want to disclose to the American surprise people to find out that, under would be no deficits. In his second people what all of us know is the pat- this administration, the borrowing year, reporting to Congress, he said the tern of his tax cuts. from Japan has risen to almost $700 bil- deficits would be small and short term. Past the 5-year budget window, the lion. We borrowed $167 billion from Both of those statements were wrong cost of these tax cuts explode. The China; $130 billion from the United and wrong by a country mile. Then he President is hiding that from the Kingdom. We have even borrowed over said they would be small by historical American people with a 5-year budget. $90 billion from the banking standards. Wrong again; biggest defi- He is doing the same thing with the al- centers. The Caribbean banking cen- cits we have ever had. Now he says ternative minimum tax, the same pat- ters, we are in hock to them for over don’t worry, I am going to cut the def- tern. The cost of fixing the alternative $90 billion. South Korea—who would icit in half over the next 5 years; wrong minimum tax explodes. He only pro- have believed it, who would have be- again. vided for 1 year of addressing the alter- lieved we have borrowed over $60 bil- Don’t believe it because it is not native minimum tax in his budget. lion from South Korea? That is the re- going happen. The only way the Presi- The war cost, it is the same pattern. ality. That is the hole that this Presi- dent comes up with the claim that he The President has $25 billion he sup- dent is digging. is going to cut the deficit in half over ported in a reserve fund for next year, Just in the last 3 years, this is the in- the next 5 years is he leaves out whole money, by the way, he is not waiting to crease in foreign holdings of our debt. areas of spending. He leaves out fi- spend next year. He is spending it now. When the President came in in January nance costs for the war. In his previous He is spending next year’s money this of 2001, we owed $1 trillion abroad. Now budget, he left out any war costs past year. Even that dramatically under- we are up over $1.8 trillion in indebted- September 30 of this year. He didn’t states what the Congressional Budget ness to foreign countries, an 80-percent put money in his budget; none. Office says the cost of the ongoing wars increase in our foreign indebtedness in Does anybody believe there is no war will be. He has $25 billion reserved in just 3 years. cost past September 30 of this year? his budget. It was not in his budget, by If it was just what has happened so That is what the President said in the the way. The budget he sent up had far I would not be so concerned, but it budget he sent up here. nothing in it. But when Congress said is the direction this President is taking

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.026 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9485 us that has to be of foremost concern percent of the benefits—went to the Now, there are all kinds of ways to because the President’s plan for the fu- top 1 percent, or the people earning deal with a bad jobs record, but to try ture is more of the same and a whole over $337,000 a year. The people in the to redefine manufacturing as McDon- lot more—a whole lot more debt, a bottom 20 percent got virtually noth- ald’s manufacturing hamburgers is not whole lot more in deficits. This fun- ing. Those in the middle class got pret- going to sell. damentally threatens the economic se- ty modest relief. Those in the middle 20 Mr. DODD. Will my colleague yield curity of the country. percent got 10 percent of the benefits. for a question? This chart I show you is not a chart The top 20 percent got 68 percent of the Mr. CONRAD. Yes. made by me or my staff; this is from benefits. The top 1 percent, over 33 per- Mr. DODD. Mr. President, I don’t the Congressional Budget Office. It is cent of the benefits. want to interrupt the flow. The Sen- their analysis, assuming an extension Mr. President, when our colleagues ator is going through a lot of numbers of the President’s tax cuts, the need for say everything is going well in the and statistics, and we owe a debt of alternative minimum tax reform, economy, they are living in a different gratitude to Senator CONRAD for this maintaining current spending policies. economy than the one I am watching. analysis. I would like to come back to Look where we are headed. This is Look at the difference on this chart. this deficit picture. I think these other what CBO says will happen to the defi- This is what has happened in the last numbers on jobs and so forth are in di- cits and the debt of the country if, nine recessions. The dotted red line is rect relation to our fiscal policies. roughly, the President’s budget policy what has happened to job growth as an There is a correlation because of our is pursued. average of the last nine recessions inability—and I am posing a question In fact, this is just the deficit. I since World War II. This black line is to the Senator—or unwillingness to misspoke when I said debt. The debt what is happening this time. Do you make the kind of important invest- chart would be much worse than this notice the difference? Something dra- ments that any period of economic chart. This is just the deficit. This matically different is occurring be- growth requires, which are obviously leaves out the money being borrowed tween recoveries in the last nine reces- being adversely affected by the amount from Social Security, this leaves out sions and this one. At this stage of the of debt we are accumulating. the money being borrowed from Medi- recovery, we would expect to have, I don’t know if my colleague from care—trillions of dollars that are not based on what has happened in the nine North Dakota saw the same article I in the President’s calculations at all. previous recoveries since World War II, did yesterday, which was the lead story This is a course that makes no sense. 5.5 million more private sector jobs in the World Business section of the This is what the CBO Director said, be- than we have this time. New York Times in which the IMF cause some around this town say we Something is wrong. We have already chief sees potential hazard in U.S. fis- will just grow out of this problem. This seen 1.6 million jobs lost since January cal policies. I quote: is what the Director of the Congres- 2001. These are the job loss numbers. ‘‘We believe that such a large imbalance’’ sional Budget Office says. By the way, We are still 1.6 million jobs below Talking about debt and deficit. this man came from the Bush adminis- where we were in 2001. The Chairman of ‘‘is a risk not only to the United States tration. He came directly from the the President’s Council of Economic economy, but for the world economy’’ as President’s Council of Economic Advis- Advisers said we expect, sort of on av- well. ers. This is what he said: erage jobs in 2004 to be 2.6 million more There are implications of allowing than jobs in 2003. For that to happen, [T]his is a fiscal situation in which we can- this fiscal situation to get so out of not rely on economic growth to cause defi- we would have to have monthly job hand so quickly. As I recall it, in Janu- cits to disappear. growth of 1.725 million. But what we ary 2001, we were looking at 10 years of He is telling the truth. This is what are getting is 141,000. That is a jobs gap surplus of $5.6 trillion. We are told now the Federal Reserve Chairman said, of enormous proportion. The hard re- that the projections over the next 10 Chairman Greenspan, who opposes def- ality is that the President’s record on years of debt is somewhere around $3.5 icit-financed tax cuts. Everybody jobs shows a loss of private sector jobs trillion. knows Chairman Greenspan is a big fan for the first time since back to the ad- My question is, what are the implica- ministration of Herbert Hoover. of tax cuts but not deficit-financed tax tions for the younger generation? We The President hates that comparison. cuts. This is what he says: have heard debate about death taxes. In some ways, it is unfair because Hoo- What about a birth tax here? What are If you’re going to lower taxes, you ver presided over the Great Depression. shouldn’t be borrowing essentially the tax the obligations of the children being That is certainly not the case now. We cut. And that over the long run is not a sta- born who are accumulating the debt ble fiscal situation. are not in a depression. We are not in that is occurring here? I wonder if he a recession. But the fact is that every But that is exactly what this Presi- might comment on the IMF story and administration since Hoover has seen dent is advocating, not just for this what it means for a child born in the private sector job growth—every single year, for every year for the next 10 21st century with this kind of debt, administration, except this one. years. The President’s record on jobs, the what sort of price tag have they been Mr. President, what is the outcome President’s record on the economy, the saddled with as a result of the mis- of this set of policies? I think the President’s record on deficits and debt management of our fiscal economy? Mr. CONRAD. It is interesting. This Chairman of the Federal Reserve is is the worst record of any President we is the second warning the IMF has warning us of where this is all headed. have had, certainly in my memory, be- issued this year about the U.S. deficits Back in February, he urged a cut in So- cause he has taken a reckless fiscal and debt. This is the second time the cial Security. Future benefits must be course. We all know the story on man- curtailed. Now he has said, not only ufacturing jobs: 2.1 million manufac- International Monetary Fund has cut Social Security but cut Medicare, turing jobs were lost since January of warned us and warned the world that too. 2001. Now we get an economic report of growing U.S. deficits and debt threaten I hope people are listening. I hope the President in February of this year not only our own economic security people are paying attention because saying they ought to consider changing but the world’s economic security. that is exactly where the Bush fiscal the definition of manufacturing jobs. Why? Because as the United States ac- plan is leading. It is leading to cuts— The way out of this is not to create cumulates more and more debt, at dramatic cuts—in Social Security and more manufacturing jobs, it is to some point those dollars that we are Medicare. That is where this is all change the definition of what is a man- sending—that are being borrowed by headed. Why? In part, it is because the ufacturing job. Here is what the Presi- us, money that is coming from China tax cuts the President has gotten dent’s economic report said: and Japan and, amazingly enough, passed overwhelmingly go to the South Korea—can you imagine that we The definition of a manufactured product wealthiest among us; 68.7 percent of is not straightforward. When a fast food res- have borrowed $60 billion from South the benefits went to the top 20 percent. taurant sells a hamburger, for example, is it Korea. At some point, that money has What is most startling is over a third providing a service or is it combining inputs to be repaid. How is it repaid? How can of the benefits—right at a third, 33.1 to manufacture a product? it be repaid? Well, we have to reduce

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.028 S22PT1 S9486 CONGRESSIONAL RECORD — SENATE September 22, 2004 our standard of living in order to from North Dakota. We talk about ris- cal picture in shape, or we are going to produce the funds to pay back the rest ing interest rates, and we are talking pay an awful price. of the world. about some tax cuts. As I understand When we think of the IMF warning Mr. DODD. Mr. President, I was it, when we begin to talk about an in- countries about their economic policies stunned by those numbers. As I recall, terest rate hike, which we invariably or fiscal policies, we are normally talk- I think you said that we have borrowed are going to see, the actual cost of a ing about third and fourth world na- around $600 billion from Japan, about college loan, a home mortgage, a car tions. Here is the head of the IMF now $150 billion from China, and billions payment, or any other obligation telling the greatest economy in the more from other countries. To make which most middle-income families history of the world: You better get the picture clear, that is like a bank have to borrow to meet these obliga- your act together; not only are you holding a mortgage on your home. tions—we have watched higher edu- going to hurt yourself, but you are They hold the paper on America. They cation costs go up more than 30 per- going to hurt the world economy. can call due those notes at any time, I cent; we have watched health care pre- In a few days, Americans have a presume, or within a reasonable time, miums go up 45 percent; we have choice to make, and the choice the and could insist upon us paying back watched the price of gasoline go up 20 Senator from North Dakota laid out is those obligations. So, in other words, percent; all under this President’s a clear one. Politics is about the fu- our economic well-being is in no small watch. To make those payments, it ture. What the Senator is talking measure tied to the desires of nations will actually exceed whatever tax cut about is the future. I am tired hearing that may not have the same goals as we may be providing to that middle-in- about debates 40 years ago. Americans we do, either in economic or foreign come family because of our inability or want to know what is going to happen policy. They hold the mortgage, in a the unwillingness of this administra- to their kids and grandchildren, and sense, on our future; is that correct? tion to actually be more responsible in the Senator from North Dakota laid Mr. CONRAD. That is exactly cor- managing the fiscal picture of this out the scenario that if we do not make rect. The foreign debt of the United country, and average consumers are the right choices, it will cost us dearly. States under this administration has going to see interest rate hikes that I thank the Senator. gone from $1 trillion to 1.8 trillion, an are going to dwarf any tax cut they f 80-percent increase in our foreign in- may get; isn’t that correct? THE TAX BILL debtedness. Mr. CONRAD. None of us can predict Mr. DODD. In 40 months. with clarity what is going to happen Mr. REID. Mr. President, we are Mr. CONRAD. In 42 months. I was with interest rates, although we know shortly going to have before us a tax teaching back home in North Dakota under this fiscal condition, interest bill that will increase the debt of this at one of the universities, and I asked rates are going to go up. Clearly, that country by, in some estimates, more the students there: Does it make a dif- is going to offset, if not completely than $1 trillion. This year’s deficit that ference, should you care, does it matter eliminate, the advantage of some of the President acknowledges is $430 bil- to you that we owe Japan almost $700 the tax reductions we get. lion. Of course, as we have learned here billion? Does it matter we owe China The PRESIDING OFFICER. The time today in the presentation of Senator over $160 billion? Does it matter that of the Senator has expired. CONRAD, the ranking member of the we have borrowed over $60 billion from Mr. CONRAD. I know we are out of Budget Committee, that doesn’t take South Korea? They said it matters. time. I ask for an additional 30 seconds into consideration the cost of the war, I said: How do you think it matters? to close. nor does it take into consideration the They said: If there is a military con- The PRESIDING OFFICER. Without fact that he is borrowing money from frontation of some kind, maybe that objection, it is so ordered. the Social Security trust fund. So the affects our ability to do things we Mr. CONRAD. Mr. President, I am debt, of course, is closer to $600 billion, might think is in the national interest going to go right to the end of my this year. because we owe them so much money. charts. Real median household income Today we learn from any newspaper On trade, can we really call their has gone down under this President. we pick up that one way the President hand when they are treating us un- That is a serious problem for this coun- is going to try to save a few bucks is by fairly in trade relationships when we try, a serious problem for the middle going after the poorest of the poor. He owe them hundreds of billions of dol- class, and wages are falling behind in- is doing this by changing housing sub- lars? And what are the consequences flation. This is something which should sidies. I quote: ‘‘The Bush administra- here if all of a sudden we do return to concern all of us because we see wage tion is changing the fair market rent economic growth and we have borrowed increases falling behind inflation. That to section 8 tenants. The Government all this money and we have to start is why people feel squeezed, and we pays tenants about 7 percent of this paying it back, what is the effect on in- have not seen anything yet if the fiscal amount. Here’s a sampling in metro- terest rates here? policies of the country are not altered, politan areas.’’ That is what frightens the Inter- if we do not begin to get back to fiscal This sampling will cause the hair on national Monetary Fund. That is what balance to reduce the threat to the the back of your head to come up. concerns people such as Chairman long-term economic security of our What has happened is, to help the Greenspan. That as we see rising inter- country. President pay for all the things to help est rates because of this enormous in- I thank the Chair. the rich of this country, corporate debtedness, and we have to start pay- Mr. DODD. Mr. President, I ask unan- America, he is going after the poorest ing more interest to keep getting peo- imous consent for 1 minute to conclude of the poor. The poor in Boston, section ple to loan us money, that all of a sud- my comments. 8 tenants, in a one-bedroom apartment den, the cost of servicing this debt will The PRESIDING OFFICER. Without will lose 5 percent; in a four-bedroom go up dramatically, it makes it much objection, it is so ordered. apartment, 27 percent. In Detroit, they worse, and, more importantly, for the Mr. DODD. I thank my colleagues. will lose, in a one-bedroom apartment, economy—because we have millions of Mr. President, I thank the Senator 6 percent; a four-bedroom apartment, people who have variable interest rates from North Dakota for taking a little 21 percent. In New Haven, they will on their homes, on their cars, on their time to go over this issue. These are lose 4 percent on a one-bedroom, 21 per- student loans—these interest rates will our choices. There are those who may cent on a four-bedroom; in Trenton, 18 start going up dramatically because think the path we are on is a reason- percent on a four-bedroom; in Atlanta, countries are less willing to continue able and sound one, that these numbers 16 percent; in New York City, 14 per- to loan us money, and all of a sudden really do not make any difference. We cent; in Philadelphia, 13 percent. On the economic strength of America is hear that all the time: Deficits don’t and on with these slashes that affect weakened. matter. My colleague from North Da- the poorest of the poor. Mr. DODD. Mr. President, if I may kota has laid out exactly why they do I hope the people around this country further add, that is just the exact point matter and why we are going to have are seeing what has happened to the I wanted to raise with my colleague to pay for these things and get our fis- fiber of our country. We used to talk

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.030 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9487 about a safety net. There is no safety for that support in the future.’’ [And by the I hear stories every day of people who net anymore. It has been eradicated in way] ‘‘We have help available to write letters have gone to the Web site for Medicare the last 4 years. Section 8 tenants in if the signer is not comfortable drafting the and tried to wade through all of the the major cities of America are going letter entirely on their own.’’ cards—up to 70-some different cards— to really suffer. It is too bad. It is too For $3,750 plus expenses, health care to figure out how to get some kind of bad that the poor are getting poorer, officials must be available as an expert discount. Then they look at prices con- the rich are getting richer, the middle source of information to the media and tinuing to go up. class is becoming smaller and smaller. that community and personally stop by I had a lady the other day tell me she That is what this administration has the offices of their Congressman and bought the card, paid $25, and a couple done to America. Senators and thank them. of weeks later the medicine she was I yield the floor, and any time I have This is also very important as part of taking no longer had the discount, and left in morning business, I yield back. the deliverability. They must bring at she didn’t get her money back. least one senior or health care commu- f People know. That is the great thing nity leader to stand up at a townhall about our country. It doesn’t matter ABOUT MEDICARE meeting and thank the lawmaker. I what you have or how much you spend. look forward to that. Ms. STABENOW. Mr. President, I felt People know whether they are better The DCI group also asked the health compelled to come to the Senate floor off. People know what is really hap- care consultant to speak out on their today to respond to something I read pening. own in support of the drug card. today that was in the newspaper, the We need to get about the business of Finally, every Wednesday from now Hill, that relates to another effort to getting this Medicare prescription drug until the 31st they are expected to send confuse people about what happened bill right. We need to go back and do it a report to the DCI that answers many with the Medicare prescription drug over again, and do it right. Phar- questions, including how many events bill, the Medicare cards that I hate to macists need to have the ability of they attended. Did you speak in favor even call discount cards because they doing business with pharmacists in of the card and benefit? How many are not discounts. In fact, we are now Canada who can really cut prices in health care leaders did you ask to stop seeing an effort to pay people to reach half. Then we don’t have to pay con- by the office of their Congressman or out and say something nice about the sultants $3,750 plus expenses to go find Senators? And how many actually did. the senior citizen who would say some- Medicare prescription drug bill and to Then it says you will be responsible get seniors to do it. Let me read to you thing nice about a Medicare bill. Peo- for acting as a local spokesperson at ple would say it because it would be some of this article. community events and media to get A Republican lobbying firm is offering true and it would be real. health care professionals’ opinions, But in the meantime, I say to folks healthcare consultants almost $4,000 each to which goes a long way in making the find senior citizens who are willing to speak who are today trying to figure out who out in favor of the Medicare drug discount story seem credible to the general pub- to pay for their medicine, you might card and write letters to Congress thanking lic. want to try offering, during the next 6 members for saving them money on pharma- Reached yesterday, the lady involved weeks, to say something nice about the ceuticals. initially denied she was involved in Medicare bill for $3,750 plus expenses. I Obviously, it is difficult to find peo- this campaign. But when told that her know it would buy my mom a lot of ple to do that, so now they are paying e-mail had been distributed widely, she medicine. It would buy a lot of folks a people to go out in the form of head- said, ‘‘I can’t talk about it.’’ lot of medicine, and it would be a bet- hunters, if you will, to find people who I feel compelled to talk about this ter way to spend it than have more lob- are willing to say something nice about and to take a moment and say that byists trying to tell folks something the new Medicare prescription drug $3,750 will buy a lot of Medicare for that is not true. bill. seniors. In fact, I am tempted to actu- The PRESIDING OFFICER. All time ally encourage seniors in my State and The DCI Group, a Washington, DC-based has expired. lobbying shop that advertises to potential around the country to offer to say The Senator from Kansas. clients that it can treat ‘‘corporate issues something nice between now and the Mr. ROBERTS. Mr. President, I ask like campaigns,’’ is offering healthcare con- election because they can buy a lot of unanimous consent that the remainder sultants $3,750 plus expenses over six weeks medicine with this. That would be a of the morning business time be re- [between now and the election] to generate better way to put it if, in fact, we were served. positive news stories about the drug card and giving it directly to seniors. offer support to Congress for voting for the The PRESIDING OFFICER. Without The truth is, this was a good bill. If objection, it is so ordered. Medicare drug law . . . the discount cards were really a dis- A recent e-mail sent from the DCI Group’s f Starlee Rhoades to healthcare consultants count, if the Medicare prescription says that the campaign will run from Sep- drug bill was really good for seniors, CONCLUSION OF MORNING tember 15 to October 31 and that the client is you would not have to pay consultants BUSINESS RetireSafe, which has sponsored the hiring $3,750 plus expenses for 6 weeks. And The PRESIDING OFFICER. Morning of healthcare consultants . . . the truth is, it doesn’t matter how business is closed. to go out and say good things about the much you pay. Seniors know. They are f Medicare prescription drug bill. the ones who have to write the checks. The DCI Group represents the Pharma- They are the ones who have to go to EXECUTIVE SESSION ceutical Research and Manufacturers of the counter every day and every month America—PhRMA. to look at what the bill is and decide if NOMINATION OF PORTER J. GOSS That is not surprising. they walk away with their medicine or leave it there at the counter. They are TO BE DIRECTOR OF CENTRAL Tony Feather, who helped found the DCI INTELLIGENCE Group, has close ties to President Bush’s top the ones who decide whether they take political adviser, Karl Rove. them every other day, cut them in half, The PRESIDING OFFICER. Under Also not a surprise. share them with their spouse, maybe the previous order, the Senate will now don’t get the medicine, pick it up proceed to executive session to begin The DCI Group e-mail to healthcare con- sultants, obtained by , stipulates a today or get their medicine another consideration of Calendar No. 815, number of ‘‘minimum deliverables’’ that day. which the clerk will report. come with the job of touting the drug card. This is real for people. No matter The legislative clerk read the nomi- Or duties, if you will. how many consultants are paid $3,750 nation of PORTER J. GOSS, of Florida, plus expenses, people know. It is unfor- to be Director of Central Intelligence. The e-mail says that RetireSafe wants sen- iors, families of seniors and healthcare com- tunate that there are those who under- The PRESIDING OFFICER. Under munity leaders ‘‘to send letters to their con- estimate the intelligence of older peo- the previous order, there are 6 hours of gressmen and senators thanking them for ple in our country, their families, or debate on the nomination equally di- supporting the Medicare benefit, or asking the disabled. They know. vided between the chairman and vice

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.033 S22PT1 S9488 CONGRESSIONAL RECORD — SENATE September 22, 2004 chairman of the Select Committee on 2 days of public hearings to respond to ligence to keep the President and pol- Intelligence. members’ concerns and questions. He icymakers informed about these The Senator from Kansas. took these hearings very seriously and threats. Mr. ROBERTS. Mr. President, I ask with attention to detail demanded by And if that were not daunting unanimous consent that any quorum consideration for a position that has in enough, Mr. GOSS has been nominated calls that take place during the consid- the past been part of the Cabinet. for a position which in all probability eration of the Goss nomination be In my opinion, during his confirma- may not exist for much longer. As Sen- charged equally to both sides. tion hearings Mr. GOSS showed the ators know, the President and many in The PRESIDING OFFICER. Without qualities we want to see in a good DCI. the Congress now support the creation objection, it is so ordered. They are coolness under pressure, a of a new national intelligence director. Mr. ROBERTS. Mr. President, I rise willingness to look at alternative views There has been a great deal of discus- today to urge my colleagues in the and, very importantly, a willingness to sion among my colleagues about re- Senate to confirm Mr. PORTER J. GOSS, ‘‘take a few licks’’ for past judgments. form. Above all, we must ensure that a of Florida, to be the next Director of Most important of all, he dem- national intelligence director is some- Intelligence. onstrated his ability to put the law- thing more than a weak and ineffective On August 10, 2004, President Bush maker’s so-called partisan hat aside figurehead. nominated PORTER GOSS to be the next and take up the strictly nonpartisan Most of the debate outside the Intel- Director of Central Intelligence, or the duties of this critical executive branch ligence Committee has centered on DCI. In doing so, the President stated office. how to grant increased authority to that Mr. GOSS ‘‘is a leader with strong As I noted at Mr. GOSS’s first public the new national intelligence director experience in intelligence and in the hearing on September 14, the role of while leaving the structural status quo fight against terrorism. He knows the the Director of Central Intelligence is undisturbed. CIA inside and out. He is the right man of paramount importance to the secu- Many on the Intelligence Committee to lead this important agency at this rity of this Nation. It is also one of the believe this is simply unworkable. In critical moment in our Nation’s his- most challenging jobs in the executive other words, significant structural tory.’’ branch today. change is vital to real reform. I believe Obviously, this Nation is currently The Goss nomination was received in strongly that we must create a new engaged in a war not only in Iraq, not the Senate on September 7. On Sep- structure. This new structure must ac- only in Afghanistan, but elsewhere tember 14 and September 20, the Select commodate the diverse activities of around the globe. In this war, for the Committee on Intelligence held ex- our intelligence agency by giving di- most part there are no trenches. There traordinary open hearings on this nom- rect responsibility and control of pri- is no barbed wire. There is no well-de- ination that were televised and widely mary intelligence disciplines and the fined no man’s land. On the contrary, covered in the press. corresponding agencies to a truly em- in this war of shadows and darkness, At the September 14 hearing, Mr. powered national intelligence director intelligence defines the front line and GOSS was introduced to the committee and his assistants. And true empower- indicates its weak points and gaps. by both of Florida’s distinguished Sen- Recently, a distinguished former Na- ment includes both budget authority ators, BOB GRAHAM, former chairman tional Security Adviser remarked to and line authority to direct and con- of the Select Committee on Intel- Senators that during the last 3 years trol the activities of the intelligence ligence, and , who is well our world has changed dramatically. In activities. One without the other may known to the Intelligence Committee the old world, the threats were posed leave us with an intelligence head who as an interested and informed sup- by nation states and organized mili- can neither succeed nor be held ac- porter of our efforts. tary forces. In our new world, the countable, and that would be a most That both Florida Senators reached greatest threats may be domestic. unfortunate outcome. across the aisle to support this nomi- These threats may come from nation We don’t know how or when reform nation is a testament to the wide bi- states and their agents and terrorist will finally be enacted. Until then, partisan support that it does enjoy. groups such as al-Qaida. Organized however, we need a strong Director of After 2 days of thorough and wide- military conflict is only one of many Central Intelligence with the necessary ranging public hearings, the Goss nom- threats. skills to manage a community which ination was placed before the Intel- In our new world, we are not fighting needs reform. PORTER GOSS under- ligence Committee membership for a against nation states but against a net- stands these issues. As chairman of the vote yesterday morning. work of disparate terrorist groups that House Intelligence Committee he In yet another impressive display of operate not only in the shadows but at helped create momentum for reform. bipartisanship, the committee ap- times right in our own midst. Whether PORTER GOSS will be a good man to proved the Goss nomination and or- Afghanistan or Iraq or here at home, have in the intelligence community dered it reported in a vote of 12 to 4. At defeating this enemy depends pri- driver’s seat as Congress, in coopera- this time, I would like to congratulate marily upon the ability of our intel- tion with the executive branch, goes the Intelligence Committee members ligence services to locate, to penetrate through the consideration of major re- of both parties for their sober, pene- and, yes, to destroy the terrorist cells. form. His unique background will serve trating, and thorough consideration of We are involved in a world war which him well as he meets these and other this nomination. The committee’s han- requires timely and actionable intel- challenges while directing our intel- dling of this nomination is very much ligence to ensure victory and the safe- ligence community. in keeping with the bipartisan spirit ty of the American people. For over 40 years, PORTER GOSS has that has animated its work during a The Director of Central Intelligence been serving his Nation, his State, and very difficult year of challenges in the is personally responsible for producing his community. As an Army intel- global war on terrorism in Iraq and in this intelligence. As we fight Islamic ligence officer, a clandestine CIA case other areas around the world. terror, other global threats continue to officer, a newspaper man, a county This bipartisan spirit did produce im- menace our Nation, and among them commissioner, a U.S. Representative, portant steps forward, such as the com- are these: The development of nuclear and chairman of the House Intelligence mittee’s report on Iraq WMD, in under- programs by adversary regimes such as Committee, PORTER GOSS has done his standing intelligence problems and those in Iran and also North Korea; the duty with skill, with honor, and with gaps and also making recommenda- steady transformation of the People’s integrity. I believe, and Members on tions in that regard. Republic of China into a power capable both sides agree, that his experience As such, the committee’s work will of challenging our interests broadly makes him uniquely suited to serve as certainly help Mr. GOSS as he strives to and exercising influence over the re- the Director of Central Intelligence. make the intelligence community bet- gion; and the continuing worldwide ex- I have known Mr. GOSS personally for ter and to produce the best possible in- pansion of WMD technology. 16 years. I served with him in the other telligence product. I want to say I also The Director of Central Intelligence body, the House of Representatives. I appreciate Mr. GOSS’s efforts during his is also responsible for producing intel- have worked with him on a weekly

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.036 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9489 basis since I joined the Intelligence with them and overcome them. That is I rise today in support of the nomina- Committee. I have formed a strong what is happening now, with structural tion of PORTER GOSS to be the Director opinion about his fitness to lead the in- intelligence community reform. POR- of Central Intelligence. There is no telligence community. TER GOSS’s task will be to open the new more important time in the history of One of PORTER GOSS’s most impor- chapter and lead the intelligence com- our country, from an intelligence per- tant characteristics is that he does not munity into that fresh start. spective, than we are in today. PORTER ride in a partisan posse. In that sense Today, perhaps our highest legisla- GOSS has been nominated by the Presi- and in many others, the President has tive priority is to repair what is broken dent to be the chief intelligence officer selected an outstanding public servant in the intelligence community. We for the United States. PORTER GOSS to be his principal adviser on intel- must not let this laudable desire immo- brings to the office an unparalleled ligence. bilize us. wealth of experience and knowledge In concluding my opening statement John McLaughlin, the Acting Direc- relative to intelligence matters. POR- on the Goss nomination, I would like tor, has done a professional and com- TER GOSS has been a friend of mine for to underscore an important point. If, as mendable job as the Acting DCI. He, no 10 years, and I bring to this argument I earnestly hope, the Senate approves less than the rank and file of the intel- and this debate a little bit different this nomination today, this body will ligence community, needs long-term, perspective than any other Member of not simply have performed a routine permanent leadership, and we need it this body because I served in the House pro forma duty. On the contrary, POR- now. of Representatives for 8 years with TER GOSS’s confirmation as the DCI One of the concerns voiced by the 9/ PORTER GOSS, the last 2 as a member of represents perhaps the most important 11 Commission was that it takes too the House Intelligence Committee changing of the guard for our intel- long to put key intelligence commu- under the chairmanship of PORTER ligence community since 1947. This nity officials into place. In the case of GOSS. confirmation represents a fresh start this nomination, I believe the Senate During the last 2 years as a Member for our Nation’s intelligence commu- definitely got the message. The watch of the Senate and as a member of the nity. He will be the first Director of word for this nomination since the be- Senate Select Committee on Intel- Central Intelligence in a new and hope- ginning has been goodwill and biparti- ligence, I have continued a relationship fully better intelligence community. It sanship. As I stated at the beginning, with PORTER GOSS in the intelligence community. Both before September 11 is not the same entity that George Senators GRAHAM and NELSON of Flor- and subsequent to September 11, I have Tenet inherited when he was confirmed ida introduced and strongly endorsed seen PORTER GOSS in the trenches by this body 7 years ago. this nominee at his first confirmation doing the kind of work that lawmakers It is not the same entity that existed hearing. We had an impressive bipar- have to do relative to their day-to-day on September 10, 2001. The intelligence tisan vote on this nomination in the jobs. Nobody has provided stronger community has undergone vitally im- Senate Intelligence Committee. The leadership on the issue of intelligence portant changes since the terrorist at- ranking member of the House Intel- than PORTER GOSS has, both before tacks of 2001. These changes are the re- ligence Committee, the Honorable Ms. September 11 as well as after Sep- sult of many factors: statutory require- JANE HARMAN, has pointed with pride ments, Executive orders, and other tember 11, and more significantly after. to her committee’s involvement in in- As I think about the arguments that major changes in policy. That snapshot telligence reform under Mr. GOSS’s have been brought forth in the public that we took of the intelligence com- chairmanship. Expressions of support hearings over the last couple of weeks munity back on September 10, 2001, and for this nomination have come from regarding Mr. GOSS, the primary thrust the snapshot today is much better in both sides of the aisle and both sides of of the negative arguments have been terms of improvement. A key factor is Capitol Hill. that he is too partisan and too political the vigilance and dedication of the in- This nominee is ready to go to work to carry out the job of the DCI. telligence community rank and file, to and he is needed. I urge the Senate to Well, I will say this about this man include those men and women who, confirm him as soon as possible. I, per- for whom I have so much respect: I today, as I speak, are putting their sonally, and I think I speak for the have seen him in an atmosphere of lives at risk in remote and dangerous members of the Intelligence Com- committee work. I have seen him in an places to protect our Nation. mittee, look forward to working with atmosphere of social work. I have seen Still other changes are on the imme- PORTER GOSS, the next and possibly him in an atmosphere of operating on diate horizon as Congress considers last DCI. the floor of the House of Representa- major intelligence reform. So let us I understand the vice chair is waiting tives. Certainly, there is nobody who is understand clearly what we do here to speak, but I ask his indulgence to a stronger advocate for his position on today. PORTER GOSS, as the new DCI, permit Senator CHAMBLISS to speak any issue than PORTER GOSS. He is very will lead a new intelligence community first. direct. He is very plain spoken, and it into a new chapter. Senate confirma- Mr. ROCKEFELLER. Yes. is pretty obvious which side of the tion of PORTER GOSS does not mean Mr. ROBERTS. How much time does issue he is on. But he always does his simply painting a new name on the the Senator request? arguing in a very respectful way, and mailbox at Langley. It represents the Mr. CHAMBLISS. I request 7 min- in a way which advocates his position opening of a new era for the intel- utes. but does not get into personalities. Un- ligence community. The errors and Mr. ROBERTS. I yield him such time fortunately, that is where the partisan- omissions of Iraq are well known. They as he would consume. ship occurs in both this body and the must be corrected. The PRESIDING OFFICER (Mr. body across the U.S. Capitol. Steps have been taken and will be BUNNING). The Senator from Georgia. PORTER GOSS has conducted himself taken to ensure that. The errors and Mr. CHAMBLISS. Mr. President, I in a professional and nonpartisan way the omissions of 9/11 are very clearly appreciate the Senator from West Vir- as chairman of the House Select Com- and thoroughly described in both the ginia allowing me to go before him. mittee on Intelligence, as well as a joint inquiry that was conducted by The leadership that the chairman and member of the Rules Committee and the Senate Intelligence Committee, the the vice chairman of the Senate Intel- otherwise in the U.S. House. He is a House Intelligence Committee, and the ligence Committee have provided has strong advocate for his positions but he 9/11 Commission Report. been unparalleled in this difficult time is not a partisan person. These errors and omissions must and in the history of our country. Both I will discuss very quickly why I feel will be corrected. PORTER GOSS’s task Senators have conducted themselves in so strongly about his background and will be to build, inspire, and open a new a very professional way and have what it brings to the table relative to chapter in our intelligence activities. brought continued honor and dignity his confirmation. PORTER GOSS started We must never forget the errors of the to the Senate Intelligence Committee out early in his career as a military in- past or their human cost. Likewise, we in a bipartisan way, and I want to pub- telligence officer in the U.S. Army. He should not dwell on them or allow licly commend both of them for their then moved into the realm of the Cen- them to paralyze us. We must grapple leadership. tral Intelligence Agency and was a

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.038 S22PT1 S9490 CONGRESSIONAL RECORD — SENATE September 22, 2004 clandestine officer for the CIA in two community around the world—not be- tion for actions that we may take, and different overseas posts. He knows the cause he is just a good guy but because to ensure victory for our forces that people within the CIA. A number of in- they respect him for the work he has are deployed in the real-life battles dividuals who he served with during his done and they respect him for the against those who threaten us or CIA years are still employees at the knowledge and the experience he brings threaten national security. Our na- CIA. He knows not only the organiza- to the table relative to the intelligence tional security depends on the ability tion, but he knows the personalities, community. of intelligence services to locate, pene- and he knows the kinds of people who I strongly support the nomination of trate, identify targets, and/or destroy are led, and the kinds of people who PORTER GOSS to be the next Director of terrorist cells. need to lead at the Central Intelligence Central Intelligence. I ask my col- In addition, we need a Director of Agency. leagues to review the record on Mr. Central Intelligence who will keep pol- PORTER GOSS followed his time as an GOSS, listen to the debates, but at the icymakers informed about other global Intelligence Officer in the field with 8 end of the day I hope we will send a re- threats facing our Nation. And, yes, years as chairman of the House Select sounding message to the President, and while we are looking at the war on ter- Committee on Intelligence. He has cov- that is: You have picked the right man. rorism, we need to be concerned about ered the spectrum from an intelligence Let’s confirm PORTER GOSS as Director and following developments about the perspective. He has been on the ground of Central Intelligence and move for- possible nuclear program advances or as an Army intelligence officer, and ward. missile advances in Iran and North the Department of Defense is the larg- I yield the floor. Korea, the steady growth of troubling est customer of the CIA. He has been at Mr. ROBERTS. Mr. President, I yield developments in other major world the ground level of the CIA, where the such time as he may use to the distin- powers, and the continuing prolifera- real work is done and where the real guished Senator from Missouri, a mem- tion of weapons of mass destruction intelligence is gathered, by being a ber of the Intelligence Committee. technology. clandestine officer within the CIA. The PRESIDING OFFICER. The Sen- The intelligence community needs a Then in his years as chairman of the ator from Missouri. leader right now, the support of the House Select Committee on Intel- Mr. BOND. Mr. President, I thank my President, and the support of this body ligence he has been in a position to distinguished chairman. who has the experience coupled with a provide oversight for the work that not It is a pleasure today to rise in sup- commitment to reform. I am convinced only he did as an active member of the port of PORTER GOSS to be Director of that PORTER GOSS possesses these intelligence community but following, the Central Intelligence Agency. The qualities. He was a former intelligence particularly, post-September 11 he has Senate Intelligence Committee has officer, a former CIA clandestine offi- provided the oversight and been crit- done its due diligence. It has done its cer, and as chairman of the House In- ical where he needed to be critical, and duty with regard to examining the telligence Committee, where he prob- yet complimentary where he needed to nominee’s fitness and qualification for ably also went in harm’s way to handle that post, PORTER GOSS clearly knows compliment the intelligence commu- the post of Director of the Central In- the intelligence business and has the nity relative to the work they were telligence Agency. His nomination should be approved without delay. experience. doing. As cochairman of the joint House- I don’t know of anyone else who has Much of the work that goes on in the Senate inquiry into the 9/11 intel- the same diversified background as a Intelligence Committee is conducted in ligence failures, he is intimately aware soldier, a clandestine case officer, and confidence because of the need to of the problems currently existing a legislator as does PORTER. It is pretty maintain confidentiality. But I will say within the intelligence community’s obvious that his background and vast that the thorough hearings we had on ability to counter terrorists. He is experience are two of the main reasons Congressman GOSS were similar to the someone who will work with the Con- why the President selected Mr. GOSS to thorough hearings we have had on all gress and the administration to imple- be the next Director of Central Intel- of the subjects brought under the juris- diction and supervision of our distin- ment needed reforms. ligence. Mr. GOSS has also earned the respect guished chairman from Kansas, along PORTER GOSS is a personal friend and of his colleagues and fellow policy- with the ranking Democratic member he is somebody for whom I have great makers on both sides of the aisle. One from West . respect. I know what kind of family of the most, if not the most important There is no question that there is a man he is, I know the strength of his principles that applies to our intel- lot of important work awaiting the character, and I know his dedication to ligence community and our oversight new Director of Central Intelligence. duty, which is why he accepted the should be our nonpartisanship. nomination to become our next DCI. I Somebody has to be in charge. We are PORTER GOSS has been praised by his also know the wealth of intelligence at war with those who seek to destroy Democratic colleagues year after year background he will bring to the table us and all freedom-loving people’s way for being nonpartisan on national secu- as our next DCI. of life. rity. The main point I want to conclude Whether we have a new national Di- Senator GRAHAM of Florida said of with is the fact that we are in a very rector of Intelligence, whether we have PORTER GOSS, in our hearing: complex world. We are in a world where a CIA Director with expanded powers He is uniquely qualified to be here today as intelligence matters. We are in a world or limited powers, the fact remains the President’s nominee to serve as the Di- where we need to have the cooperation that we need to move forward with the rector of Central Intelligence. . . . He is a of our allies around the world to col- nomination of PORTER GOSS. man of great character, unusual intelligence, lect intelligence against common en- We have a long way to go to hash out a tremendous work ethic and an outstanding emies and common threats. what kinds of changes we are going to personal and professional standard of integ- rity. I have been with PORTER GOSS when make to the organization of the intel- he has had meetings with numerous— ligence committee. The more I hear, Senator GRAHAM also went on to say: too many to detail—heads of the intel- the more I watch other committees In addition to those personal qualities, ligence communities of our allies, both working, the more divergence of opin- when it comes to the intelligence commu- abroad as well as here in Washington. I nity, Congressman GOSS has, in my judg- ions I see. Whatever structure we have, ment, a balanced perspective, a perspective have seen the rapport and the relation- we need somebody to control intel- gained both as an insider and then as an out- ship he enjoys with these individuals. I ligence and make sure we put it on the sider. For a decade, early in his career, Con- have been to other countries around right path. gressman GOSS served our Nation in both the the world to meet with the heads of A cornerstone of our fight in the war Army and the CIA. He knows firsthand the their intelligence agencies, and the against terrorists, as well as other value and the risk of clandestine operations. first question they will ask is not how challenges that confront us, is the I could cite many other statements am I doing but, ‘‘How is my friend POR- paramount need for timely and action- by leaders in both bodies. Senator BILL TER GOSS doing?’’ He has an unparal- able intelligence to ensure good policy NELSON of Florida, last month, said of leled relationship with the intelligence decisions, to ensure adequate prepara- Representative GOSS:

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.040 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9491 He’s a class act. Goss combines all of those Those who question PORTER GOSS’s tember 11 and leading up to the war in characteristics, which are kind of somebody commitment to change must remember Iraq have left the intelligence commu- I like. that his leadership and dedication to nity’s credibility bruised and their My colleague and friend from Mis- intelligence community reform is ap- image tarnished, which none of us souri, Representative IKE SKELTON, the parent in his work on the ‘‘Joint In- wants. minority leader on the Armed Services quiry into Intelligence Community Ac- The community’s objectivity, their Committee, said, in 1997, talking about tivities Before and After the Terrorist independence, and their competency the work on the intelligence authoriza- Attacks of September 11, 2001.’’ This have been called into question. That is tion bill: report contained 19 recommendations. fair in some cases. As a result, a bipar- I salute both the chairman, the gentleman It laid the foundation for the 9/11 Com- tisan call for reform has steadily grown from Florida [Mr. GOSS], and the ranking mission recommendations—the to the point where the Congress is on Democrat, the gentleman from Washington changes that have been the subject of the threshold of passing landmark leg- [Mr. DICKS] for their dedicated and bipar- tisan work. much discussion in the press over the islation, I believe and I hope, to create last several months. I believe he can work on a bipartisan a stronger, better managed intelligence Those who question Representative community before we adjourn this basis. In addition, PORTER GOSS under- GOSS’s commitment to reform as well stands the endemic deficiencies within year. I do not think we should stretch as his commitment to operate inde- it out and wait. I think we should do it, the intelligence community. There can pendent of the current administration only be true, meaningful changes if and do it now. should recall that Mr. GOSS took the there is a solid understanding of why The next Director of Central Intel- initiative to introduce his intelligence ligence will be the most important per- change is necessary. PORTER GOSS un- reform legislation on June 16 of this derstands what is broken and is deter- son for that position ever confirmed by year, H.R. 4584, which called for signifi- the Senate. Our decision on who should mined to work with us to fix what cant changes in the intelligence com- needs to be fixed and not to mess with lead the Central Intelligence Agency, munity structure in addition to pro- and the other 14 intelligence agencies, what does not need to be fixed. viding a DCI or DNI the much needed There are some glaring problems we according to the law, should not be a personnel and budgetary authority re- identified in our report on the prewar rubberstamp job. quired to be a truly effective leader. It intelligence on Iraq. One of them was The importance of this position re- should be noted that PORTER GOSS’s the poor state of human intelligence. quires a thorough examination of the legislation did not fall in lockstep with That is spies on the ground, HUMINT nominee’s record and his ability to the recent Executive order issued by as it is called in intel-speak. We did carry out the weighty responsibilities the President, thus proving that Mr. not have any. What a disaster. We also of the job. GOSS will take the necessary bold steps have problems in collection in general, As I have indicated, never before in to do what is right for the community. analysis, and the consistent problems the 57-year history of the intelligence I quoted Senator NELSON of Florida with information sharing. These are community has there been such a need earlier, but he also said of PORTER problems that PORTER GOSS has, during for a Director of Central Intelligence GOSS: his tenure as chairman of the House In- with unimpeachable character, proven . . . Congressman GOSS is someone whose telligence Committee, devoted himself leadership and management experi- public life has been illustrative of being non- ence, and strong national security cre- to improving. partisan, fair and independent. As Chairman ROBERTS mentioned in dentials. When PORTER GOSS was pressed to de- The new Director will face, in my yesterday’s open session, PORTER GOSS fend past partisan statements before held over 62 hearings on intelligence judgment, no fewer than four major our committee, he acknowledged there challenges: waging an unrelenting of- community reform issues this year. are times on Capitol Hill when par- Under Chairman GOSS’s leadership, fensive clandestine campaign against tisanship will rear its head. That is, the House Intelligence Committee ad- al-Qaida and other terrorist organiza- unfortunately, part of the job. How- vocated changes and added resources tions around the world; supporting on- ever, he told our committee the fol- annually to address the intelligence going military operations in Afghani- lowing: community’s most pressing problems, stan and Iraq; managing an intel- I well understand that I am leaving one ligence community in a state of transi- especially those related to HUMINT arena and, if confirmed, heading to another and analysis. arena that operates completely differently tion; and, restoring the intelligence His commitment to reform forced the where partisan politics are not part of the community’s lost credibility. CIA to repeal its restrictive internal job. The next Director of Central Intel- guidelines that had a ‘‘chilling effect’’ A considerable record has been cre- ligence must be extraordinarily quali- on HUMINT operations. He attempted ated, embracing both substantial com- fied in order to successfully carry out to refocus CIA analytic resources to- ment on PORTER GOSS on his nomina- these and other national security ward longer term, predictive, strategic tion and several commitments by him tasks. intelligence, and directed that more at- on intelligence matters involving I simply say all of this to say the tention be paid to language training, counterterrorism and other important stakes are enormous. Perhaps most im- breaking down stovepipes, and enhanc- activities. I stress again the impor- portantly, the next Director of Central Intelligence must be nonpartisan, inde- ing information sharing. tance of approving Mr. GOSS’s nomina- I can tell you, the stovepipes still tion at this time of paramount impor- pendent, and objective. This standard exist. We still have bureaucracies that tance in the intelligence community. I is not simply this Senator’s; it is what only want to share information up and hope my colleagues will join with the the law, the National Security Act law, down within their little fiefdoms, and chairman, with me, and other members requires specifically in language. we need somebody in charge who is of the committee in extending him our I know of no other position of impor- willing to break down those barriers support. tance in Government requiring that and make sure sensitive information is I thank the Chair and yield the floor. independence, objectivity, and non-par- shared on a need-to-know basis. The PRESIDING OFFICER. The Sen- tisanship as a requirement for con- PORTER GOSS was a member of the ator from West Virginia. firmation. The very first responsibility Aspin-Brown commission which was Mr. ROCKEFELLER. I thank the of the Director of Central Intelligence formed to assess the future direction, Presiding Officer. under the National Security Act—and priorities, and structure of the intel- Mr. President, the nomination of these are the words—says that his ad- ligence community in the post-Cold- Representative PORTER Goss to be the vice to the President, the executive War world. The commission made a next Director of the Central Intel- branch, the military, and the Congress number of recommendations, including ligence Agency comes, obviously, at an must be timely, must be objective, and looking how to streamline the DCI’s re- absolutely critical time in our Nation’s must be independent of political con- sponsibilities and give him more flexi- history. siderations, and based upon all sources bility in managing the intelligence The documented intelligence failures available to the intelligence commu- community. prior to the terrorist attacks of Sep- nity. That is the law.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.043 S22PT1 S9492 CONGRESSIONAL RECORD — SENATE September 22, 2004 I have reviewed Representative ‘‘was leading the way to make deep and scinded $1 billion from the 1994 Intel- GOSS’s record closely. I have gone over devastating cuts in the intelligence ligence appropriations and then in- his writings and his speeches of the community’s budget’’ and ‘‘was leading creased intelligence spending over the past 10 years. We have just completed efforts in Congress to dismantle the next 4 years by the inflation rate. Rep- two open hearings, which I thought Nation’s intelligence capabilities.’’ Se- resentative GOSS’s proposal in 1995 were good hearings, in the Intelligence vere criticism. A few months later, in a would have cut not less than 4 percent Committee, where Representative GOSS June 23, 2004 statement on the floor of of the personnel from all intelligence was asked questions about his past the House, Representative GOSS agencies in each of the following 5 record, his commitment to reform the claimed that ‘‘the Democratic Party years. After the initial cut in 1994, Sen- intelligence community, and his abil- did not support the Intelligence Com- ator KERRY’s proposal would have pro- ity to be forthright, objective, and munity.’’ And in the same June floor vided significantly more funding for in- independent. debate, he offered the following jus- telligence than was appropriated by Representative GOSS is, without tification for his claim: the Congress controlled by the Repub- question, qualified in many respects. My comment is that when there was oppo- licans, beginning with the fiscal year He is a fine person. I have been able to sition to intelligence and, year after year, ef- 1996 budget. work with him well over the past few forts to cut the intelligence budget, they did Representative GOSS’s proposal, on years—that is not one of the require- come from the Democratic side through the the other hand, would have resulted in ments, but it happens to be true—both period of the 1990s. dramatically lower intelligence fund- in the joint congressional inquiry into I have gone back over the record and ing and, in fact JOHN KERRY’s proposal 9/11, and also in House-Senate con- determined that Representative GOSS’s would have resulted in $8.8 billion more ferences. His past employment with the election year claims mischaracterize for intelligence than Congressman Central Intelligence Agency, doing ex- the intelligence record of both the GOSS’s lead-cosponsored bill. tremely dangerous work, and his 7-year Democratic Party and Senator KERRY, And worse, all of the cuts Represent- tenure as chairman of the House Intel- in my judgment. He also failed to point ative GOSS proposed in 1995 would have ligence Committee, have given him out his own record as a member, and been achieved by firing 20 percent, by both an insider’s and outsider’s per- eventual chairman, of the House Intel- law, of America’s intelligence officers spective of the intelligence commu- ligence Committee during this time. at the very time the terrorist threat nity. There is no doubt that he is an Had he stated the intelligence record extremely knowledgeable person with from al-Qaida was growing. In fact, had factually, it would have taken the respect to the inner workings of the the Congress followed the Goss plan, sting out of his political attacks and Central Intelligence Agency and the the intelligence community would created an entirely different picture other agencies he is nominated to man- have had tens of thousands fewer intel- age. than the one he painted. ligence officers in the year 2000: fewer It is true that during the first two But Representative GOSS’s record is intelligence collectors in the CIA, troubling in other regards. I wish to years of the Clinton administration, NSA, and elsewhere; fewer intelligence speak about them. He has made a num- the intelligence budgets declined. That analysts across the community; fewer ber of statements relative to intel- is true. This was a period of deep cuts intelligence officers in the military ligence matters—many in the past in almost all areas of Government, as service; and fewer counterterrorism of- year—that are, in fact, highly partisan we tried to grapple with the legacy of ficers in the FBI. and displayed a willingness on his part the previous 12 years of uncontrolled The Goss plan would have made, to use intelligence issues as a political deficits. Over the next 6 years, how- using his own words, in fact, ‘‘deep and broadsword against members of the ever, the Clinton administration’s devastating cuts in the intelligence Democratic Party. Again, ordinarily, budget increased every single year for community budget.’’ But this year, an that is kind of routine around here, but intelligence. During that 6-year period, election year, Representative GOSS with respect to the Director of Central fiscal years 1996 to 2001, Republicans chose to level that charge against the Intelligence, that should not be and controlled both Houses of Congress, Democratic Party as a whole and Sen- cannot be according to the law. When and the Congress cut the President’s ator JOHN KERRY by name. Why? When taken collectively, this list of partisan request in 1996, 1997, 1998, and 2001. In asked at the nomination hearing to statements and actions on intelligence 1999, the Republican-controlled Con- reconcile these facts with his charge matters raise a serious doubt in my gress initially cut the intelligence that it was the Democrats who did not mind as to whether PORTER GOSS can budget, but then passed a large one- support intelligence, Representative be the type of nonpartisan, inde- time supplemental appropriation. GOSS simply said, ‘‘The record is the pendent, and objective national intel- In fiscal year 2001, the Republican- record,’’ about four or five times. He ligence adviser our country needs. controlled Congress returned to its pat- also refused to admit that his accusa- What is the public record of the per- tern of cutting intelligence funding. tions might have been in error. son the President has nominated to be After the 9/11 attacks, Congress once When asked whether anyone from the the next director of the CIA? Has he again passed emergency supplemental White House or the President’s reelec- been independent, objective, and non- funding. By that point, the Democrats tion campaign asked him to write the partisan on intelligence issues, again, had a majority of the Senate—briefly. March editorial and to give the June as required by law? Representative GOSS voted for every floor statement against JOHN KERRY, In March of this year, Representative Intelligence authorization bill and he said he couldn’t recall. GOSS coauthored an intelligence op-ed every Defense appropriation bill during Representative GOSS’s unwillingness piece entitled ‘‘Need Intelligence? this period. So he must have thought to be forthright in his answers on this Don’t ask John Kerry.’’ In this polit- that the so-called underfunding Presi- matter were troubling to me and a ical attack piece, he made a number of dent Clinton was requesting was ac- number of my colleagues on the com- highly charged political allegations re- ceptable. mittee. His dismissive answers to lating to intelligence spending. These Now, I want to look at exactly what tough, but as I said repeatedly, I are quotes from the Congressman: Senator KERRY proposed in 1994, and I thought fair questions lacked candor. . . . when Democrats controlled the Con- want to contrast that with a bill, H.R. I was left with doubt that as Director gress, the cuts were deep, far-reaching, and 1923, introduced by Representative Sol- of Central Intelligence, he would have devastating to the ability of the CIA to do omon that had as its first cosponsor a forceful and independent voice on in- its job to keep America safe. Congressman GOSS. telligence assessments that do not nec- . . . during the Clinton years, the Intel- ligence Community was given a clear mes- In 1994, Senator KERRY introduced a essarily support a political agenda, if sage that if they failed in politically risky bill to cut the deficit by $45 billion over there is one, of the current President. operations . . . there would be no backing 5 years—at a time when Congress was There are other instances where Rep- from the Clinton White House or the Demo- searching for ways to undo the 12 years resentative GOSS, as chairman of the cratic-controlled Congress. of uncontrolled deficits under the House Intelligence Committee, played And then Representative GOSS tar- Reagan and Bush administrations. Sen- the partisan blame game. It is against geted Senator KERRY, who he claims ator KERRY’s proposal would have re- the law for the Director of the CIA to

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.046 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9493 be involved in such. That was then. He Someone sends me a blue dress and some of action on the issue of pre-war intel- is being confirmed now. Does this DNA, I’ll have an investigation. ligence. Despite assurances over a year man’s life change completely after 15 The whole basis for the law pro- ago that the House Intelligence Com- years from partisanship to total non- tecting the identity of covered intel- mittee was evaluating the intelligence partisanship? ligence community employees from community’s performance on Iraq since In 1999, when it was disclosed that being disclosed is to protect the lives the end of the gulf war, Chairman GOSS the Chinese espionage efforts against of American intelligence officials that failed to issue the promised report on our Department of Energy weapons are endangered if their true identity is the failures and mistakes leading up to laboratories may have resulted in loss known to our adversaries. the war. of sensitive nuclear weapons design in- As a former CIA case officer and Chairman ROBERTS and I, in a thor- formation, a counter-investigation was chairman of the House Intelligence oughly bipartisan fashion, did so in a begun, eventually resulting in charges Committee, Representative GOSS 17-to-0 vote. I think we are both proud being brought against Los Alamos sci- knows this. For him to make such a of that, and justifiably so, along with entist Wen Ho Lee. statement, with its clearly implied our colleagues on the committee. The Representative GOSS repeatedly laid shot at President Clinton, was wrong, House produced nothing. They pro- the blame for this espionage activity inappropriate, and insensitive to the duced press releases, but nothing else. on the Clinton administration’s failure gravity of the matter. I hope Rep- When both the Senate Armed Serv- to protect national security. In the resentative GOSS, if confirmed by the ices Committee and the Senate Intel- final days of the 2000 Presidential elec- Senate to lead the CIA, will have a ligence Committee, as committees tion campaign, Representative GOSS more serious attitude toward the out- with shared jurisdiction, began holding took to the House floor and stated: ing of CIA employees undercover. difficult but necessary oversight hear- We have in the Clinton-Gore administra- When Richard Clarke, the coordi- ings into the improper treatment and tion seen a cultural disdain for security. nator for counterterrorism for the Na- interrogation of prisoners in Iraq, Rep- Again, Representative GOSS’s state- tional Security Council from 1993 to resentative GOSS viewed our actions ments on important intelligence issues October 2001, provided testimony to the with disdain, saying: mischaracterized the record in the at- 9/11 Commission that was clearly dam- I am not comfortable with what the Senate tempt to score political points. aging to Bush administration claims, is doing . . . I do honestly question whether or not they have balance over there on this The Cox Commission, which PORTER Representative GOSS, and others, ques- issue . . . We’ve got a circus in the Senate, GOSS served on as vice chairman, found tioned his integrity and claimed he which is always the likely place to look for that the security problems at the De- may have lied before the joint congres- this circus. partment of Energy weapons labora- sional inquiry in closed session, vowing PORTER GOSS chose to denigrate the tories predated the Clinton administra- to declassify his testimony to prove it. Senate’s investigation, while the House tion and that the Chinese espionage These claims were never substan- chose to largely ignore the matter and collection program against the weap- tiated, and when the National Security not ask the tough questions about ons lab began in the 1970s. Council forwarded to Chairman GOSS, what happened inside Abu Ghraib pris- The Cox Commission report also as requested, a declassified version of on and at other detention facilities in noted it was the Clinton administra- Richard Clarke’s testimony on June 25, Iraq or elsewhere. tion that issued Presidential Decision nearly 3 months ago, he took no action All too often, Representative GOSS’s Directive 61 requiring the Department to publicly release it so that allega- statements and actions as chairman of of Energy to improve counterintel- tions of perjury and the like could be the House Intelligence Committee ligence programs. laid to rest. seemed designed to protect the admin- Evidently, mentioning these points While the Senate voted to support istration by avoiding contentious was not helpful to Representative GOSS the creation of the independent Na- issues which could be embarrassing to when he was making sweeping state- tional 9/11 Commission, which eventu- the administration and placing blame ments about ‘‘a cultural disdain for se- ally became the Commission led by on Democrats for shortcomings in the curity,’’ which is highly offensive to Governor Tom Kean and Representa- intelligence community. me as a Democrat who is vice chairman tive Lee Hamilton, Representative Not surprisingly, one thing missing of the Intelligence Committee, and I GOSS opposed the measure on the from Representative GOSS’s records is think all Republicans and all Demo- House floor. any public statements on intelligence crats care desperately, seriously about When the Senate and House Intel- critical of Members of his own party or what happens in intelligence. ligence Committees met in the fall of the administration. During his nomina- In the rush to assign partisan blame, 2002 to conference this issue, he contin- tion hearing, Representative GOSS as- Representative GOSS ignored the ued to oppose the creation of an inde- sured the committee that these par- record. In a number of other state- pendent 9/11 Commission stating that tisan inclinations of the past would not ments, Representative GOSS erro- the issue would be decided ‘‘above my prevent him from carrying out his du- neously singled out the Clinton admin- pay grade.’’ ties as Director of Central Intelligence. istration and congressional Democrats When the Senate Intelligence Com- He said he understood the Director for cutting human intelligence pro- mittee undertook an investigation into must be an independent adviser to the grams in the 1990s that, in turn, he the use of intelligence—not the collec- President and the Congress, beyond re- said, limited the intelligence commu- tion, analysis, and production of intel- proach and beyond the reach of poli- nity’s ability to carry out its mission. ligence, but when you hand it to pol- tics. Yet it was Representative GOSS him- icymakers—the use of intelligence by While I appreciate his testimony and self who said in 1998 that human intel- the administration officials prior to commitment to being a nonpartisan ligence collection programs needed to the war as part of our broader Iraq in- Director of Intelligence, I cannot say be cut by the time the 1990s began. His telligence inquiry, Representative with absolute certainty that he will be comment specifically was: GOSS made disparaging comments exactly that. I must vote on his record. I am convinced that the U.S. clandestine about two Democratic Senators in par- I cannot vote on his promise, and I do service, the CIA Directorate of Operations ticular who, like many others in this not think the Senate should. His record was in the mid to late 1980s too large. body, are profoundly concerned about is his record. He said it. When the identity of Valerie Plame, the veracity of public statements made The truth is, Chairman GOSS and I an intelligence officer with the CIA about the U.S. intelligence agency, have a very good working relationship, whose clandestine identity is protected calling them ‘‘two old attack dogs one that I expect will continue and im- by law from unauthorized disclosure, gumming their way through artificial prove in the future. We had a good ex- was leaked and published by columnist outrage about something they should change in recent days, even during dif- , Representative GOSS know a lot more about and be more re- ficult nomination hearings. In contrast was asked whether the disclosure war- sponsible about.’’ to those who wish to gloss over this ranted investigation. His response was What makes this particular criticism issue, PORTER GOSS himself under- stunning. He said: curious is Representative GOSS’s lack stands exactly the dilemma that I and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.048 S22PT1 S9494 CONGRESSIONAL RECORD — SENATE September 22, 2004 many of my colleagues face with this want to express my appreciation to the asked in the committee, good questions nomination. He knows this is one of chairman for the way he conducted the by Senator ROCKEFELLER, and I am only a handful of positions in the en- hearings, and also express my thanks willing to give the nominee the benefit tire U.S. Government that requires by to Senator ROCKEFELLER. His leader- of the doubt with respect to the par- law nonpartisanship and objectivity, ship on the committee has been invalu- tisanship issue. and in this case the demand is all the able to me. But I will tell you, the answers that greater because it is about our national I also want to commend the vice we were given with respect to why it security. chairman for an excellent statement took the nominee so long to push for PORTER GOSS openly acknowledged in this afternoon, much of which I agree changes in the intelligence community his testimony before the committee with, as he knows. still leave me unconvinced. For exam- this week that he has at times ap- PORTER GOSS is a good man and a ple, at one point in our hearings the proached national security issues with good Congressman, but his long record nominee told me it was difficult to get excessive partisanship, and he ex- of supporting business-as-usual intel- attention to the issues of intelligence pressed regret about that. And I re- ligence policies is not good enough to on his watch. He said the reason he had spect that. I believe PORTER GOSS warrant his appointment as CIA Direc- not introduced legislation is that peo- knows that in essence, on this whole tor at this dangerous hour. Mr. GOSS ple were not focused on it; it was hard question of independence, he is asking showed that on his watch, as chairman to get people’s attention. us to take it on faith, so to speak, that of the House Intelligence Committee, Let’s think about what happened in he can make a clean break from the he passed on virtually every oppor- those years when we evaluate the last 10 to 20 years of his political ca- tunity to move aggressively for reform. nominee’s response on that question. PORTER GOSS was chairman of the In- reer. His commitment to public service is I hope he is right. I very much want unquestioned, but his unwillingness to telligence Committee in 1998 when al- him to be right about that, but at end displease the powerful to force change Qaida bombed our embassies in Kenya of the day I do not think taking it on in our intelligence community is un- and Tanzania. He was chairman of the Intelligence Committee in 1999 when faith is enough for this vice chairman fortunate. the United States was investigating al- of the Intelligence Committee when it In the committee, there were three legations of Chinese theft of our nu- comes to such a critical position of Di- major areas that came up as we sought clear materials. He was chairman of rector of Central Intelligence. It does to evaluate the nominee. The first, as the Intelligence Committee when the not meet the legal standard, and it the distinguished Senator from West USS Cole was bombed by al-Qaida in does not meet my obligation, in my Virginia has talked about today, has October of 2000. And, of course, he was judgment, as vice chairman. been the issue of partisanship. The sec- chairman of the House Intelligence These are troubled times for the in- ond area at which the senior Senator Committee when we faced 9/11. from Michigan, Mr. LEVIN, looked at telligence community in our country. It took him nearly 3 years to intro- some length, was the question of the In so many ways, we are still recov- duce reform legislation after 9/11. I be- nominee’s ability to objectively ana- ering from the tragedy of 9/11. We are lieve that is not good enough. I believe lyze intelligence. The third was the grappling with the tragic impact of a chairman of a key committee can get flawed and exaggerated intelligence area that I focused on, which was why attention when that chairman wants to leading up to the war in Iraq, and we the nominee has been so slow to push use that chairmanship as a bully pulpit are struggling still to understand the aggressively for intelligence reform. to be an agent for change. I believe a I have come to the conclusion that it truth about what is happening in the chairman who is committed to intel- is possible—and we have all tried, as world. ligence reform has the chance, when he the Senator from West Virginia has Just yesterday, our President sur- bangs his gavel, to speak out for why prised and shocked many of us by dis- said, to give one the benefit of the changes are needed. missing outright the highest level of doubt in these various areas. I have A leader must lead. We all get elec- consensus view of the intelligence com- come to the conclusion that I can give tion certificates, in the U.S. Congress, munity when he said they were ‘‘just the nominee the benefit of the doubt on to try to tackle problems, important guessing’’ about the gravity of the sit- the issue of partisanship. I can give the problems, but chairmen have a special uation in Iraq. nominee the benefit of the doubt with opportunity. If you look at the long In light of all of this, I believe I owe respect to his pledge to be objective in record—and he said the record is the it to the men and women of the intel- analyzing intelligence. But I just can- record—the nominee passed on vir- ligence community to send a clear and not get over the answers we were given tually every opportunity to use his strong signal about the paramount im- during almost 9 hours of hearings with bully pulpit, to use his gavel, and to portance of independence and objec- respect to why the nominee was so work for the kind of changes that tivity. It needs to be said not only in slow to be an agent for change in the would make this country as safe as words but in action. So I will vote intelligence community. necessary. against the nomination of PORTER It is really that leadership that I find We, all of us, understand it takes GOSS to be the next DCI. so central. I have tried, as a member of courage to rock the boat. It takes cour- I sincerely hope PORTER GOSS will the committee, to be as bipartisan as I age to be an agent for bold change. But prove my vote wrong, and I told him possibly can. We understand politics if you want an example of an individual that. In fact, I intend to work with him should stop at our borders. We all who did it, an individual who is a in order to help him prove me wrong. stand ready to put in place the policies prominent Republican, you need look But based on his record of partisanship, necessary to protect America’s secu- no further than former New Jersey based on the dictates of the law, and rity, but to do that we need leadership. Governor Tom Kean and his perform- based on my own strong conviction I and others try to be bipartisan. ance as the Chair of the 9/11 Commis- against mixing politics and intel- Senator LOTT, Senator SNOWE, Senator sion. This stalwart Republican made ligence at the CIA, I must vote no. GRAHAM, and others sought, for exam- truth his only goal. He pressed Repub- I yield the floor. ple, to change the way Government licans and Democrats alike to do the I yield such time as he may consume documents are classified. I think that same. He was more successful and has to the Senator from . is an important issue, to make the already begun to engineer more change The PRESIDING OFFICER. The Sen- right structural changes in intel- than hardly anybody thought possible ator from Oregon. ligence. But if we do not get the right in this fractured political climate. Mr. WYDEN. Mr. President, in begin- information, information consistent What a boon it would have been, had ning my comments, I first want to with national security and not classi- we had the same commitment to commend the chairman, Senator ROB- fied for political purposes, we are still change on the issue of intelligence, in- ERTS, for the way in which he con- going to have problems making re- telligence reform, by the current nomi- ducted the hearing. He was eminently forms in the intelligence area. nee to head the CIA. fair. I believe I had five rounds of ques- I want to be bipartisan. I listened The current nominee had a front row tions myself for the nominee, and I carefully to the questions that were seat during all those years, the years I

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.050 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9495 outlined when those terrible acts of mittee in opposing the nomination. know if it is an impossible job, but it is terrorism occurred, when he could have Like the vice chairman, I am very a very difficult job. Let us think about pushed for reform. Yet after weeks of hopeful I will be proved wrong. As I it for a moment. going through the nominee’s record said, on the issue of partisanship, on This is the man who walks in to see and 2 full days of questioning, I am the issue of objectivity of analysis, I the President every morning, walks in hard pressed to find anywhere—in a give the nominee the benefit of the to the and greets him, gives bill, a vote, or an inquiry—anything doubt. With respect to his willingness him the intelligence report. I think we that demonstrates the nominee will to fight aggressively for bold change, I all understand there has to be a chem- hold people accountable, for example, remain unconvinced. For that reason I istry between the President and the Di- rather than just going along with the will oppose the nominee. rector; that if there isn’t, that rela- status quo. I yield the floor. tionship—and we have seen that in the The record shows, to me, again and The PRESIDING OFFICER (Mr. past with Presidents and Directors, again, the nominee chose to play it HAGEL). The distinguished Senator sometimes there isn’t that relation- safe rather than take the risks nec- from Kansas. ship—if there isn’t that relationship, essary to bring about change in the in- Mr. ROBERTS. I yield as much time they do not talk and the country suf- telligence community. When I looked as he may need to a valued member of fers. at Mr. GOSS’s record, the first question the Intelligence Committee, the distin- There has to be a relationship of that occurred to me was could he give guished Senator from Ohio. trust, of confidence. Yet that same us some examples, some concrete ex- The PRESIDING OFFICER. The Sen- man who comes in to see the President amples of when he was willing to stand ator from Ohio. every morning where there has to be up, to go against the popular wisdom Mr. DEWINE. Mr. President, I believe that relationship, that trust, that rap- and even his own party to bring about PORTER GOSS is the right man cer- port, is also a man who has to tell the change; whether he was willing to take tainly in this crucial time in the his- President what the President does not the far less dangerous risks that we tory of our intelligence community. want to hear; a man who has to have take as Congressmen and elected offi- PORTER GOSS spent over a decade at the guts to do it; a man who has to cials than lots of other people do, cer- the CIA. He had the opportunity to see look the President in the eye and have tainly those wearing the uniform. it from the inside, to work there in a the guts to tell the President of the Right now, we need somebody to distinguished career. For the last few United States, the most powerful man head the CIA who is willing to stand years, he has had the opportunity to in the world, Mr. President, that is not up, who is willing to help this country serve in the Congress, to serve on the the way it is; or maybe a more difficult come up with policies that leave the Intelligence Committee in the House, thing to say, Mr. President, we messed Cold War mentality behind—those are and then for the last few years as the up, we were wrong 6 months ago or 3 fit for a very different kind of threat— chairman. I think it is significant that months ago, what we told you was not and to hold himself and others ac- he has been the chairman for the last right; or maybe this is the toughest countable. few years at the same time many of us thing of all to say to the President, Mr. Mr. GOSS has a long, distinguished have served on the Senate Intelligence career as a Member of Congress. I know President, we don’t know. Committee, when the force of history And when we look at some of the him personally. I served with him in has compelled all of us to examine as problems, some hypothetical, some fac- the other body. It would be hard to find we have never done before the role of tual, some of the things that occurred, a more decent individual. I will say the intelligence community in the there are very few jobs in the Govern- those have been some of the problems. world we live in today, a world con- ment of our country at which I don’t That man has to also be able to look at fronted by the failures of the intel- the President of the United States and think PORTER GOSS would do a good ligence community, where we have job. But being effective here on Capitol say, Well, here is what we think it is, taken a magnifying glass for the last Hill and in other parts of the Govern- but also there are people in the intel- several years as Members of the House ment is not where I set the bar for this ligence community who have a minor- and Members of the Senate to see ex- key appointment. The bar ought to be ity view. That man has to have the set very high because we know we have actly what is wrong with the intel- guts to tell the President that as well. great challenges ahead of us. ligence community. There has only That is a difficult job. For example, I have come to the con- been a handful of people who have had This man also is the person who pro- clusion that on the intelligence reform that experience. Some of them are in tects us every day in this world be- legislation we, hopefully, will be deal- this room today. cause he is the one who has to be in ing with on the floor of the Senate PORTER GOSS has distinguished him- charge of putting together all of the in- shortly, it may not be the structural self in that exercise as chairman of the telligence. And today it is the intel- problems that are our greatest chal- House Intelligence Committee, as the ligence that protects us just as much lenge in improving intelligence and leader in the House when we went as our national defense. The facts he making our country safer. I think through the joint Senate-House inves- comes up with, our intelligence com- there is more to it than moving the tigation. I had the chance to watch munity comes up with, are our first boxes around on an organizational him through that endeavor. I had the line of defense today. Yet we are tell- chart with respect to intelligence. I chance to watch him learn, as all of us ing this man today, if you get this job, think this is as much a people problem did, about the tragedy of September 11 at the same time you are carrying on as a structural problem. If you are and how the intelligence community this war on terrorism and you are pro- going to solve those problems, in the did not function the way we want it to viding these facts, we expect you to go area of people, human interaction, you function. as fast as you can to carry out reform. have to have leadership, you have to In PORTER GOSS we will have some- Further, we tell this man that he has have somebody who is willing to stick one who knows the community from to deal with whatever today’s crisis is. his or her neck out. the inside, but also has stood back, What we are focused on, of course, is That is where I set the bar. I think been on the other side, been on the out- terrorism today. But he has to deal the long record and the questions I side, and has looked at it to see what is with the long-term crises—nuclear pro- asked established beyond a doubt that wrong, and has looked at it in a crit- liferation, what is going on in China, PORTER GOSS is a good man. He has ical time in our history. I think that is you pick the challenge. He has to be 5 been a good legislator. But there sim- so very important as we begin the task years out, or 10 or 15 years out, and he ply is no evidence that he is willing to as a country and he begins the task as had better not get it wrong. rock the boat in the intelligence com- the new Director of the CIA to bring This is a new era for the CIA, a new munity, which I think is necessary to about needed reform. era for the intelligence community make this country as safe as it needs This is a tough job, but I believe POR- which came to maturity in the Cold to be. TER GOSS is a tough man. I believe he War, the Soviet Union versus the For that reason I join the distin- is the right man. Some people might United States. We sort of understood in guished vice chairman of our com- say this is an impossible job. I do not those decades when we developed that

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.052 S22PT1 S9496 CONGRESSIONAL RECORD — SENATE September 22, 2004 intelligence community. Official cover sider. For a decade, early in his career, Con- issue and what he did about it and how worked pretty well. The new head of gressman Goss served our Nation in both the he took that passion and feeling he felt the intelligence community has to con- Army and the CIA. He knows firsthand the for those folks in wanting to do some- tinue that change, continue to change value and the risk of clandestine operations. thing about it. I worked with him. I Since he has been in Congress, especially as away from that. We have to move out a member and chair of the House Permanent traveled with him to , the poorest from the official cover to a nonofficial Select Committee on Intelligence, he came country in this hemisphere. I have seen cover. That is just one of the changes to know the agencies from an oversight ca- his compassion for the people of Haiti. that has to take place. It is a tough pacity. I have worked with him on the Intel- job. Senator GRAHAM continued: ligence Committee. I will be honest I think when you vote on someone’s Some have said he is too close to the intel- with you, I have had the occasion, confirmation, a lot of this is kind of a ligence agencies, that he would be too pro- many times, to pick up the phone and gut check. You don’t know what the tective of the status quo. Well, most of you call across the Capitol and ask PORTER: exact issues are going to be in the fu- served with Porter and myself on the joint What is really going on in the intel- ture. This is an intensely personal job, inquiry into the events of 9/11. I believe you ligence community? What is really as I have pointed out. The person who would join me in saying from that experience going on at the CIA? I will tell you, runs the agency, I suspect we are going Porter is a man who will be independent in each time he had an insight that was to end up giving a lot more power. If his judgments and unflinching in his criti- cism where he believes they are necessary. unrivaled, or rivaled by very few people PORTER GOSS is confirmed, he may end I have talked to, of what was really up with an entirely different job later Senator GRAHAM concluded with going on inside the intelligence com- on. He is going to run a big intelligence these words: munity. That is an insight that came community, but it is also an intensely I am confident he will not be a part of the about from his years of experience in- personal job in that relationship with problem but rather a leader in taking us to- side the community and his years of the Congress and that relationship ward principled, thoughtful solutions when it comes to reforming the intelligence com- experience of watching the community with all of the consumers. And the ulti- munity. I strongly recommend the confirma- in the oversight capacity while being mate consumer, of course, being the tion of Porter Goss. on the committee and of being the Commander in Chief, the President of Senator BILL NELSON also partici- chairman. the United States. pated in the September 14 Goss con- He has a passion and an under- I think it gets down to a lot of the firmation hearing. These are some of standing of the intelligence commu- person. What do you think of this guy, the things Senator NELSON had to say: nity and of what needs to be done to or woman if that be the case? Can they I think we need intelligence reform. I change it. He understands the impor- handle it? tance of human intelligence. Long be- I think it is helpful to talk to some think we need it now. And I think Porter Goss is the man to lead the effort. fore it was fashionable in this town to of the persons who know this person Senator NELSON also called PORTER be saying, oh, we have to have more best. I was struck by the testimony of ORTER OSS GOSS: human intelligence, P G was the two Senators from Florida, Senator pushing, pushing, and pushing the in- . . . a uniquely gifted individual whose BOB GRAHAM, of course, the senior Sen- telligence community for more human ator, but also significantly the chair- public life has been illustrative of being non- partisan, fair, and independent. intelligence. man of the Select Intelligence Com- It may not have been flashy, it may mittee of the Senate, and a pretty The Senator further pointed out that: not have been with a lot of big speech- harsh critic of the intelligence commu- es, but he was there. He understood it. nity and of the administration. This is Those characteristics in this town that is so highly charged with partisanship are sore- He understood what the needs were. what he had to say: This man gets it. If you want someone Let me say at the beginning that I am not ly needed in a Director of Central Intel- ligence. to lead the reform of this community, unbiased. I believe that Porter Goss is an ex- if you want someone who understands ceptional human being and will be an excep- Those statements are from his two tional head of our Central Intelligence. colleagues on the other side of the aisle what the problems are, who can do it from the inside, if you want someone Senator GRAHAM also said: from Florida. who will have the guts to report to the Mr. Chairman, I have known PORTER GOSS I think sometimes it is good to know for well over two decades, and I can tell you and talk to people who know someone President of the United States and tell from personal experience that he is uniquely best. it like it is, PORTER GOSS is your man. qualified to be here today as the President’s Mr. President and Members of the So, Mr. President, I am proud to nominee to serve as the Director of Central Senate, let me conclude by saying I come to the floor today to recommend Intelligence. He is a man of great character, have known PORTER GOSS for a long to my colleagues, based on my personal unusual intelligence, a tremendous work time. I have dealt with him on issues experience with this man, what I have ethic, and an outstanding personal and pro- seen over the years, that we vote for fessional standard of integrity. not just in the area of intelligence. Sometimes you get to know people in his confirmation. He has a tough job Senator GRAHAM added that as Gov- the Senate and the House working in and, yes, it may be almost an impos- ernor of Florida, when he first met the sible job, but I think he is the right nominee: Congress on a variety of issues. PORTER GOSS and I had shared a trag- man at the right time at this point in Party affiliation did not matter then. ic situation when we had constituents, our history. What was necessary, good men and women I thank the Chair and yield the floor. who could carry out a difficult task. hemophiliacs who acquired AIDS be- cause they had to take massive The PRESIDING OFFICER. The Sen- My colleagues, I believe party affili- ator from Mississippi. ation does not matter today. The chal- amounts of blood because of their con- Mr. LOTT. Mr. President, may I in- lenge that PORTER GOSS, on a much dition. The blood was tainted. It is a quire how much time is remaining on magnified scale, will face as Director of long story. I will not go into it now. each side? Central Intelligence is very analogous But the blood was tainted because we The PRESIDING OFFICER. The ma- to the challenge he faced 20 years ago thought there was an error made by jority has 124 minutes remaining; the in restoring integrity to his local com- the Federal Government, that the Fed- minority has 128 minutes remaining. munity and completing a very complex eral Government did not become in- project. volved early enough, that the Federal Mr. LOTT. Mr. President, I believe As to PORTER GOSS’s fitness to serve Government made mistakes. the chairman of the committee had in- as an independent, unbiased DCI, this I had constituents. I listened to their dicated a desire to yield 5 minutes, or is what Senator GRAHAM of Florida tragic story. PORTER GOSS listened to what time the Senator may consume, said. some constituents of his. So we both to Senator ALLARD of Colorado. It . . . when it comes to the intelligence com- moved in our respective bodies to try would be my intent to follow Senator munity, Congressman Goss has, in my judg- to bring about some help for these ALLARD. ment, a balanced perspective, a perspective folks. I saw how compassionate he was The PRESIDING OFFICER. The Sen- gained both as an insider and then as an out- and how strongly he felt about the ator from Colorado.

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.055 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9497 Mr. ALLARD. Mr. President, I thank I am convinced Representative GOSS also commend to my colleagues the the acting chairman for yielding 5 min- is ready for this challenging task. Rep- Survey of Activities of the Permanent utes. resentative GOSS will bring a unique Select Committee on Intelligence dur- Mr. President, I would like to asso- perspective to the Director’s office in ing the 106th Congress and the 105th ciate myself with the comments of the the Central Intelligence Agency. His Congress. distinguished Senator from Ohio. I, perspective will not only drive the There being no objection, the mate- too, proudly claim PORTER GOSS as a much-needed changes in the CIA, but rial was ordered to be printed in the friend and somebody who I think will will also bring our concerns as a Con- RECORD, as follows: do a great job. gress to the agency. SURVEY OF ACTIVITIES OF THE PERMANENT SE- There is no doubt that the intel- PORTER GOSS has been an Army intel- LECT COMMITTEE ON INTELLIGENCE DURING ligence community right now is in ligence officer. He has served as a clan- THE 107TH CONGRESS somewhat disarray, concerned about destine agent in the CIA and has Mr. Goss, from the Permanent Select Com- their jobs and the job they are doing chaired the House Intelligence Com- mittee on Intelligence submitted the fol- and the public perception. mittee. There is no one better prepared lowing report. This report covers the activities of the I say, first, there are a lot of good or qualified to be the Director of the people at the Central Intelligence House Permanent Select Committee on In- Central Intelligence Agency. There telligence during the One Hundred Seventh Agency. I think Congressman GOSS rec- should be no doubt that the combina- Congress. Porter J. Goss (Republican, Flor- ognizes that. I think there are some tion of experience Representative GOSS ida) served as Chairman; Nancy Pelosi (Dem- bureaucratic problems over there, too. has will serve the American people ocrat, California) served as the Ranking Mi- I think he has the temperament to well. nority Member. deal with some of those problems. POR- I have heard concerns raised that Mr. The stated purpose of H. Res. 658 of the TER GOSS is a strong leader. He is a 95th Congress, which created the House Per- GOSS is too partisan. I simply have to quiet individual. He doesn’t grand- manent Select Committee on Intelligence, discount those concerns. This is a man stand. He is a hard worker. He is intel- was to establish a committee ‘‘to oversee who has served as an officer in the ligent and he understands the intel- and make continuing studies of the intel- Army and understands very well his ligence community. ligence and intelligence-related activities I have had an opportunity to serve on duty to the United States and to the and programs of the United States Govern- ment and to submit to the House appropriate the Intelligence Committee in the Sen- citizens he will soon swear to defend. I am pleased to see the bipartisan proposals for legislation and report to the ate for 4 years, and I even developed a House concerning such intelligence and in- greater appreciation for the job Mr. support Representative GOSS has al- ready received. His nomination was ap- telligence-related activities and programs.’’ GOSS did on the House side in his serv- H. Res. 658 also indicated that the Com- ice on the Intelligence Committee. proved by the Senate Intelligence Com- mittee ‘‘shall make every effort to assure For those reasons, I rise to support mittee by a 12-to-4 vote. His colleague that the appropriate departments and agen- the President’s nomination to head the from Florida, BOB GRAHAM, has come cies of the United States provide informed Central Intelligence Agency. That out strongly in favor of Mr. GOSS. and timely intelligence necessary for the ex- ecutive and legislative branches to make nominee is Representative PORTER It is time for the Senate to act on this nomination so we can continue the sound decisions affecting the security and GOSS. I believe he is the right man at vital interests of the Nation. It is further the the right time for the job. That has reforms to the intelligence community that are badly needed. Representative purpose of this resolution to provide vigilant been stated a couple of times already. I legislative oversight over the intelligence truly think that is the case. I am glad GOSS is prepared to take the agency in and intelligence-related activities of the to see other colleagues recognize that a direction that will strengthen our United States to assure that such activities fact. I am asking my colleagues to join collection and analytical intelligence are in conformity with the Constitution and me in voting for his confirmation. activities and provide the information the laws of the United States.’’ The intelligence community is at a we need to keep America safe. He is a In carrying out its mandate from the critical juncture. It is clear that after man who is truly interested in the House regarding oversight of U.S. intel- needs of our country. He is somebody ligence and intelligence-related activities, the horrific attacks of September 11, the Committee created four subcommittees: and the problems involved with uncov- that I feel I can work with on the Armed Services Committee. I have SUBCOMMITTEE ON HUMAN INTELLIGENCE, ering weapons of mass destruction in ANALYSIS, AND COUNTERINTELLIGENCE some of the intelligence programs Iraq, the intelligence community needs Jim Gibbons (R-NV), Chairman, firm leadership during a time when re- under my jurisdiction in the sub- Leonard L. Boswell (D-IA), Ranking Mem- forms are needed. The President has committee which I chair, and they are ber, heeded that call. extremely important programs. They Sherwood Boehlert (R-NY), President Bush has put into motion, are programs that are badly needed, Alcee L. Hastings (D-FL)*, through executive order, most of the they are expensive programs, and they Ray LaHood (R-IL), (D-TX)*, recommendations of the 9/11 Commis- do have some problems. We need some- Randy ‘‘Duke’’ Cunningham (R-CA), sion, and he is committed to strength- body who has the background in intel- Gary Condit (D-CA), ening the budget authority given to ligence to tackle those, and somebody I Peter Hoekstra (R-MI), the intelligence community head ad- think I can work with. Collin C. Peterson (D-MN), ministrator. The next step in intel- I ask my colleagues to support his Richard M. Burr (R-NC), Sanford D. Bishop, Jr. (D-GA)*, ligence reform is to bring in someone nomination because I personally think Saxby Chambliss (R-GA), who is committed to reforming the he is the best man for the job. Robert E. (Bud) Cramer, Jr.* (D-AL). Central Intelligence Agency from the I yield the floor. SUBCOMMITTEE ON TECHNICAL AND TACTICAL inside out. That man is PORTER GOSS. The PRESIDING OFFICER. The Sen- INTELLIGENCE I have had the pleasure of knowing ator from Mississippi is recognized. Michael N. Castle (R-DE), Chairman, Representative GOSS personally and Mr. LOTT. I yield to the chairman. Sanford D. Bishop, Jr. (D-GA), Ranking professionally. I was lucky enough to Mr. ROBERTS. Mr. President, I will Member, serve with him in the House of Rep- be happy to soon yield to the distin- Jim Gibbons (R-NV), resentatives, and I value his knowledge guished Senator from Mississippi, a Jane Harman (D-CA), Sherwood L. Boehlert (R-NY), of national security issues. Even then, valued member of the Intelligence Alcee L. Hastings (D-FL)*, when I served with him in the House, Committee. Randy ‘‘Duke’’ Cunningham (R-CA), he was a voice both Democrats and Re- On the issue of the HPSCI activity, Silvestre Reyes (D-TX), publicans turned to when debating im- the House intelligence activity, in re- Peter Hoekstra (R-MI), portant intelligence issues, and he con- gard to reform and other intelligence Leonard L. Boswell (D-IA), Richard M. Burr (R-NC), tinues to be a leader in the House challenges during the last 3 Congresses, Robert E. (Bud) Cramer, Jr.* (D-AL), today. More importantly, I got to know which has been brought up, I ask unan- Terry Everett (R-AL). PORTER GOSS on a personal level. He is imous consent to have printed in the SUBCOMMTTEE ON INTELLIGENCE POLICY AND someone I trust and have come to call RECORD the Survey of Activities of the NATIONAL SECURITY my friend. There is no one I would Permanent Select Committee on Intel- Douglas K. Bereuter (R-Nebraska), Chair- rather see as director of the agency. ligence During the 107th Congress. I man,

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.058 S22PT1 S9498 CONGRESSIONAL RECORD — SENATE September 22, 2004 Gary A. Condit (D-CA), Ranking Member, the Senate, the Senate Select Committee on 2003, the Committee has addressed the Ray LaHood (R-IL), Intelligence, to determine whether the IC known FIA problems as well as the need to Sanford D. Bishop, Jr. (D-GA), should have been more adept, better develop imagery alternatives if develop- Michael N. Castle (R-DE), resourced and more capable of thwarting the mental problems exist or persist. The Com- Tim Roemer (D-IN), attacks; mittee noted, however, that the Intelligence Saxby Chambliss (R-GA), — Promoted a bipartisan effort to continue Community has engaged in a continuing pat- Collin C. Peterson (D-MN), rebuilding and refining the nation’s intel- tern by which many individual programs Jim Gibbons (R-NV), ligence capabilities to meet increasingly have been provided resources with little or Terry Everett (R-AL). complex geopolitical and technological chal- no regard to the entire set of IC collection SUBCOMMITTEE ON TERRORISM AND HOMELAND lenges to national security; and capabilities, including space-based and air- SECURITY — Advanced the education of Members of borne. The Committee believes that, al- Congress and the public on matters of vital though individual systems certainly have Saxby Chambliss (R-GA), Chairman, interest to national security and the distinct Jane Harman (D-CA), Ranking Member, specific merit, it would be wiser for the In- role intelligence plays in its defense. telligence Community to consider whether Peter Hoekstra (R-MI), Although the end of the Cold War war- Gary A. Condit (D-CA), the overall collective mix brings the appro- ranted a reordering of national priorities, priate assets to bear against the range of Jim Gibbons (R-NV), the steady decline in intelligence funding Tim Roemer (D-IN), threats to U.S. national security. Moreover, since the mid-1990s left the nation with a di- the ability to fund all legacy, developmental, Ray LaHood (R-IL), minished ability to address emerging Alcee L. Hastings (D-FL)*, and desired systems has a finite limit. There- threats—such as global terrorism—and the fore, there is a critical need to review each Richard M. Burr (R-NC), technical challenges of the 21st Century. Silvestre Reyes (D-TX)*, program mindful of the strategic needs so Further, the IC’s lack of a corporate ap- that and necessary tradeoffs are made based Terry Everett (R-AL), proach to addressing enduring intelligence Robert E. (Bud) Cramer, Jr.* (D-AL). on substantive requirements. problems helped to create a culture that hin- Finally, the Committee continued its focus *Member served on Subcommittee for only dered data collection (especially human in- on a number of enduring IC challenges—the part of 107th Congress. telligence collection), data sharing, and col- need to improve NSA acquisition efforts, the SCOPE OF COMMITTEE REVIEW laborative analysis. need to improve the depth and breadth of U.S. intelligence and intelligence-related The revitalization of the National Security Human Intelligence (HUMINT), and improv- activities under the jurisdiction of the Com- Agency (NSA) was the Committee’s top pri- ing research and development (R&D). With mittee include the National Foreign Intel- ority during the 107th Congress. Although respect to NSA, the Committee has been ligence Program (NFEP), the Joint Military this continues to be one of the Committee’s pleased with the Director’s attempts to base- Intelligence Program (JMIP), and the De- priority concerns, the focus has turned to in- line current capabilities so that future needs partment of Defense Tactical Intelligence formation sharing and cross community can be properly identified and resulting ac- and Related Activities (TIARA). analysis. The Committee notes that the indi- quisition decisions can be appropriately The National Foreign Intelligence Pro- vidual intelligence agencies and, moreover, made. To assist the Director in completing gram consists of activities in the following their extremely talented and dedicated peo- these efforts, the Committee included incen- departments, agencies or other intelligence ple, labor continuously to provide the abso- tives in the Authorization Act for fiscal year elements of the government: 1) the Central lute best intelligence products possible in de- 2003. Regarding, HUMINT, the Committee fo- Intelligence Agency (CIA); 2) the Depart- fense of the Nation. These efforts are, how- cused on improvements in training, enhanc- ment of Defense; 3) the Defense Intelligence ever, generally conducted in isolation from ing technical resources to operations, and Agency (DIA); 4) the National Security one another, and, most disturbingly, existing properly funding analytic efforts. All of Agency (NSA); 5) the National Reconnais- rules and procedures often restrict informa- these capabilities are supported by R&D ef- sance Office (NRO); 6) the Departments of tion from the community’s depth and forts. Therefore, the Committee has sup- the Army, Navy, and Air Force; 7) the De- breadth of analytic talent. Therefore, those ported the Administration’s increases in basic R&D programs. The Committee be- partment of State; 8) the Department of individual efforts can usually only piece to- lieves that the IC must continuously renew Treasury; 9) the Department of Energy; 10) gether fragments of the overall intelligence itself in this ever-changing world. Intel- the Federal Bureau of Investigation (FBI); puzzle. Crucial in the post–9/11 era is having ligence is the first line of defense against 11) the National Imagery and Mapping Agen- a community that is, to the maximum ex- elusive and unstructured threats and en- cy (NIMA); and, 12) the Coast Guard (USCG). tent possible, liberated from information emies that use asymmetric means to harm The JMIP was established in 1995 to pro- sharing restrictions and one that fosters a America and her people. Only through pro- vide integrated program management of de- culture focused on greater collaborative viding these much needed resources and a fense intelligence elements that support de- analysis. The Authorizations for fiscal years long-term commitment can the IC be pre- fense-wide or theater-level consumers. In- 2002 and 2003 included detailed language on pared for the global challenges that confront cluded within the JMIP are aggregations cre- the need for the IC to breakdown barriers to us. ated for management efficiency and charac- information sharing and the need to cease terized by similarity, either in intelligence the practice of allowing agencies to rou- INTELLIGENCE AUTHORIZATIONS FOR FISCAL discipline (e.g., Signals Intelligence and Im- tinely restrict ‘‘their data’’ from other agen- YEARS 2002 AND 2003 agery Intelligence) or function (e.g., satellite cies, including law enforcement. During the 107th Congress, particularly in In order to maximize further the IC’s ana- support and aerial reconnaissance). The pro- the aftermath of the September 11th attacks, lytic effectiveness and output, we must en- grams comprising the JMIP also fall within the Committee continued to pursue its ob- sure that the dedicated professionals of the the jurisdiction of the House Armed Services jective of rebuilding and revitalizing our na- IC are properly trained and provided the Committee. tional intelligence capabilities to better The TIARA are a diverse array of recon- skills necessary for the tasks that are re- meet the threats of the 21st century. Finally, naissance and target acquisition programs quired to fight the global war on terrorism after eight years of congressional admoni- that are a functional part of the basic mili- and other daunting threats. For a number of tion to the executive branch to develop a tary force structure and provide direct infor- years, the Committee has articulated its spe- long term funding program to correct serious mation support to military operations. cific concerns about the dearth of language and critical Intelligence Community (IC) de- TIARA, as defined by the Joint Chiefs of skills throughout the IC. The lack of depth ficiencies, the President’s budget requests Staff and the Secretary of Defense, include in the so-called ‘‘low-density’ languages was provided a down payment on the resources those military intelligence activities outside acutely experienced during operations in Af- necessary to ensure that our policymakers the defense intelligence programs that re- ghanistan The Committee finds this situa- and military commanders have timely and spond to requirements of military com- tion unacceptable and has emphasized the reliable intelligence support that is crucial to our nation’s security. manders for operational support informa- critical need for a robust effort to improve The Committee reviewed extensively the tion, as well as to national command, con- foreign language capabilities throughout the President’s budget submissions for Fiscal trol, and intelligence requirements. The pro- Intelligence Community. The Committee remains concerned about Years 2002 and 2003, fulfilling its responsi- grams comprising TIARA also fall within the the viability and effectiveness of a future bility to closely examine the nation’s intel- jurisdiction of the Armed Services Com- overhead architecture, given the apparent ligence programs and proposed expenditures. mittee. lack of a comprehensive architectural plan These reviews included substantive and pro- OVERSIGHT ACTIVITIES for the overhead system of systems, specifi- grammatic hearings, Member briefings, and During the 107th Congress, the House Per- cally in the area of imagery. For example, numerous staff briefings. Testimony on the manent Select Committee on Intelligence the Committee believes the Administration President’s budget submissions was taken (HPSCI), under the leadership of Chairman is facing a major challenge in addressing from the Director of Central Intelligence Porter Goss— technical and funding problems with the Fu- (DCI); the Assistant Secretary of Defense for — Responded effectively to the cata- ture Imagery Architecture (FIA) program Command, Control, Communications, and In- strophic attacks on September 11, 2001, by that could force untenable trades between telligence (C31); the Directors of DIA, NSA, the al Qai’da terrorists by conducting inves- critical future capabilities and legacy sys- NIMA, NRO, and the FBI; and other major tigations jointly with its sister committee in tems. In the Authorization for fiscal year intelligence program managers.

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.013 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9499 The Committee’s examination of the Presi- being implemented to improve the access FBI: Preventing terrorism was less impor- dent’s Fiscal Years 2002 and 2003 intelligence that community analysts have to this mate- tant than solving crimes prior to 9–11, when budgets included 13 committee budget-re- rial. Further, the fiscal year 2003 authoriza- FBI decentralized CT information and inves- lated hearings principally on a program tion legislation provided significantly en- tigations. FBI also had insufficient linguists level. Additional hearings were held address- hanced funding for skills training in areas and analytic capability and an outdated IT ing the DCI’s overall budget submission, the such as foreign languages, analyst-to-analyst infrastructure. It paid little attention to fi- state of health of the IC, and the DCI’s views technical exchanges and in-area familiariza- nancial tracking, and did not share informa- and plans for the future of intelligence and tion travel. And finally, the Committee’s tion. the IC. legislation also provided critically needed di- NSA: The CT mission was not given a high In reviewing the President’s budget re- rection and funding to ensure the nation’s enough priority in the competition for lim- quests, the Committee found that the Presi- imagery architecture will be capable of sup- ited resources prior to 9–11, and NSA must dent has begun to aggressively address the porting customer needs long into the future. reform program management, systems engi- lack of investment and years of neglect that neering and integration, and budget manage- COMMITTEE INVESTIGATIONS has harmed our nation’s intelligence capa- ment for new investments to have a lasting bilities. The fiscal year 2002 budget request, Terrorism Review impact. NSA has been chronically short of submitted before the tragic events of Sep- The Committee, through its THLS Sub- linguists, and must better leverage industry tember 11, 2001, reflected no major improve- committee at the behest of the Speaker and for technical solutions to collection prob- ments or investment in intelligence capabili- Minority Leader as the focal point and co- lems. ties. The fiscal year 2003 budget submitted ordinating mechanism in the House of Rep- Congressional oversight of counterterror- by the President included the most substan- resentatives for post–9–11 counterterrorism ism is highly duplicative and inefficient. A tial increase for programs funded in the Na- and homeland security oversight activities.’’ leadership staff mechanism should be cre- tional Foreign Intelligence Program in his- Prior to the 9–11 terrorist attacks, the ated to streamline the oversight process on tory, however, the intelligence authoriza- Committee’s Working Group on Terrorism both counterterrorism and homeland secu- tions for both fiscal years 2002 and 2003 reit- and Homeland Security held numerous clas- rity matters.’’ erated the need for renewed investment by sified hearings and briefings on the terrorist JOINT INQUIRY INVESTIGATIONS focusing on enhancing programs and infor- threat, gaps in the IC’s counterterrorism ca- In February, 2002, the House Permanent mation sharing across the various IC agen- pabilities, the need for a more focused and Select Committee on Intelligence and the cies. better coordinated national effort on home- Senate Select Committee on Intelligence au- In addition to budget-related hearings, the land security, and a variety of related mat- thorized an investigation, to be conducted as Committee held over 58 committee hearings ters. a Joint Inquiry, into the Intelligence Com- and briefings on various issues vital to our Following 9–11, the Working Group was munity’s activities before and after the Sep- IC and national security. Among the subjects converted into a full subcommittee with ex- tember 11, 2001 terrorist attacks against the examined by the Committee were: terrorism, panded powers of jurisdiction to act as the United States. This bicameral investigation, HUMINT, and developments in Colombia, lead entity in formulating the House’s re- supported by a separate, unified, professional Southeast Asia, and rogue states. sponse to the attacks. The new Sub- staff, sought to identify what the Commu- Given the September 11, 2001, terrorist at- committee on Terrorism and Homeland Se- nity knew or should have known regarding tacks, the Committee’s immediate priority curity held what for the Committee was an those attacks prior to September 11th, the was, and continues to be, the effectiveness of unprecedented series of televised hearings nature of any systemic problems that may our counterterrorism efforts and the secu- culminating in a field hearing with then- have impeded the Community’s ability to rity of our nation. In the last two budget au- Mayor in New York City. A prevent those attacks, and recommendations thorization bills, the Committee addressed significant number of closed hearings and for reform to improve the Community’s abil- critical and immediate counterterrorism briefings on all aspects of the attacks fol- ity to uncover and prevent similar attacks in needs as well as long-term intelligence issues lowed; along with a report to the Speaker the future. facing the United States. and Minority Leader on the gaps in In the months that followed, the Inquiry’s The ‘‘Intelligence Authorization Act of counterterrorism capabilities at CIA, NSA, investigative staff reviewed massive Fiscal Year 2002’’, (P.L. 107–108), in addition and the FBI leading up to 9–11. Following amounts of information within the Intel- to authorizing generally the activities of the publication of this report, the Committee, in ligence Community. This included the re- U.S. IC, directly addressed IC shortfalls in conjunction with the Senate Select Com- view of almost 500,000 pages of relevant docu- domestic counterterrorism efforts, intel- mittee on Intelligence, established a Joint ments, 300 interviews, and participation in numerous briefings and panel discussions, in- ligence collection and analysis, threat re- Investigative Staff on 9–11 that conducted a volving about 600 individuals. Although the porting, aggressive recruitment of human as- thorough investigation of the Intelligence inquiry was primarily focused on the Intel- sets, foreign language capabilities, and shar- Community’s inability to prevent the 9–11 ligence Community, the investigation also ing of intelligence information and analysis attacks. The work of the JIS included a se- considered relevant information from federal ries of open and closed hearings, and the pub- across the government. For example, the agencies outside the Intelligence Commu- lication of a classified report.’’ Congress specifically enacted legislation nity; from state and local authorities; from that repealed restrictions on human intel- Committee Investigations foreign government authorities; and from ligence sources. In the wake of the Sep- At the behest of the Speaker and Minority private sector individuals and organizations. tember 11, 2001, attacks on America, the Leader, the Committee’s Subcommittee on Building on the extensive investigative House and Senate significantly increased Terrorism and Homeland Security was di- work, the Committees held nine joint public spending authorizations for intelligence ac- rected in the immediate aftermath of 9–11 to hearings and, given the highly classified na- tivities well beyond that level requested by evaluate the performance of the CIA, and ture of much of this information, thirteen the President. The committee also directed FBI against the terrorist target. To this end, joint closed sessions. In December, 2002, both significant resource allocation to countering the Subcommittee issued a report in July Committees approved, by separate votes, the terrorism. 2002 that offered the fo11owing conclusions: classified Final Report of the Joint Inquiry. The ‘‘Intelligence Authorization Act of America’s intelligence capability short- The Committees are currently working with Fiscal Year 2003’’, (P L. 107–306), in addition falls prior to 9–11 were significantly affected the Intelligence Community in an effort to to authorizing the intelligence activities of by resource constraints imposed during declassify, consistent with national security the U.S. IC highlighted five priority areas much of the 1990s, but also by a series of interests, as much as possible of the Final that must receive significant, sustained at- questionable Intelligence Community man- Report for public release. tention if intelligence is to fulfill its role in agement decisions on funding priorities. The work of the Joint Inquiry confirmed our national security strategy. Those areas As a first step, the USG should adopt a sin- that although the Intelligence Community are: (1) improving information sharing and gle definition of terrorism, which it cur- had relevant information that was, in retro- all-source analysis; (2) improving IC profes- rently does not have at a cost of significant spect, significant regarding the September sional training with a major emphasis on de- inefficiencies. 11th attacks, the Community too often failed veloping language skills; (3) ensuring na- CIA: The availability and allocation of re- to focus on the information and to appre- tional imagery collection program viability sources, including the redirection by CIA ciate its collective significance in terms of a and effectiveness; (4) correcting enduring managers of funds for core field collection probable terrorist attack. The Inquiry’s fac- systemic problems, deficiencies in HUMINT, and analysis to headquarters bureaucracy, tual record identified not only the informa- and rebuilding a robust research and devel- hurt CIA’s counterterrorism (CT) capabili- tion that was overlooked but also a number opment program; and (5) establishing a budg- ties prior to 9–11. Internal human rights of systemic weaknesses that contributed to eting process that no longer relies so heavily guidelines issued in 1995 also had a ‘‘chilling the Community’s inability to detect and pre- on supplemental appropriations. For exam- effect’’ on CT operations, and these guide- vent the attacks. These included a lack of ple, the fiscal year 2003 legislation provided lines were only repealed after the Sub- sufficient focus on the potential for a domes- very clear policy direction to the Adminis- committee’s report was released in July 2002. tic attack, a lack of a comprehensive tration to improve the cross-community CIA chronically lacks foreign language skills counterterrorist strategy, insufficient ana- sharing of information from material seized and core CT-specific training, and has be- lytic focus and quality, a reluctance to de- as part of the global war on terrorism. This come overly reliant on foreign liaison at a velop and implement new technical capabili- resulted in new processes and procedures cost to its unilateral capability. ties aggressively, and inadequate sharing of

VerDate Aug 04 2004 01:50 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.014 S22PT1 S9500 CONGRESSIONAL RECORD — SENATE September 22, 2004 relevant counterterrorism information. To last year and a half, I have been on the at suspiciously: Oh, we can’t do that; it correct such deficiencies, the Final Report Intelligence Committee. I must confess has always been done this way. I have includes nineteen recommendations for re- that when I went on the committee, I taken the time over the years to look form, including such things as the creation thought I would be a big defender and of a Cabinet-level Director of National Intel- at a lot of these issues, and it has not ligence and prompt consideration of whether big supporter of our intelligence com- always been done this way. A lot of the FBI, or a new agency, should perform the munity, because I think that what they what we do and say around here, which domestic intelligence functions of the U.S. do is so important. I do support the some say is sacrosanct and cannot be Government. men and women who work in that com- changed, is relatively new. It evolved OPEN HEARINGS munity. over the years. During the 107th Congress, the Committee But I must say, over the last year At some point, you have to say there held 13 open hearings on issues of concern to and a half, I have developed many con- is a higher priority, that there is some- the Intelligence Community and the Amer- cerns about how that job is being done, thing more important than turf or ju- ican people. While committed to the protec- how the Congress does its job. I didn’t risdiction or the way it was or is being tion of sources and methods and ensuring the appreciate how important oversight is done. security of our nation’s secrets, it is the in- regarding intelligence matters, how What is most important is how we tention of the Committee, whenever pos- important it is that a Senator develop are going to do the best job for the men sible, to hold open hearings in an unclassi- expertise to be able to ask the right fied setting on issues of vital importance and and women in uniform, men and concern to the public. questions, do the oversight, and under- women in intelligence, and for the The Committee held four open hearings: stand what is going on. American people. So I think we need to Defining Terrorism—September 26, 2001; I have come to the conclusion that make necessary changes. Asymmetric Threats to Homeland—October our intelligence community is not set The important point is that we have 3, 2001; Role of NSC in Current Crisis—Octo- up properly and we are not doing our to have somebody in charge. We have ber 11, 2001; Domestic Preparedness & Emer- job in the Congress. We can point fin- gency Response—October 29, 2001. good people in the CIA doing the job. gers and blame somebody else, but a We have an Acting Director who is a The Joint Inquiry Committee held nine lot of the problem resides here in this open hearings: Family Advocates for Sep- good man doing a good job. But we do tember 11 Victims—September 18, 2002 and body and in the Congress—not because not need an Acting Director forever. September 19, 2002; Intelligence Community we don’t try to do our job, but we are We need a man or woman in charge Knowledge of September 11 Hijackers—Sep- not organized properly to do it. We making decisions, making changes that tember 20, 2002; Phoenix Memo—September have this multifaceted process of so need to be carried out even without 24, 2002 and September 26, 2002; many committees claiming jurisdic- legislation that overhauls the whole Counterterrorism Information Sharing—Oc- tion, and with good reason. Armed operation, and we need it now. tober 1, 2002; Intelligence Community Re- Services needs to be aware of what’s form Proposals—October 3, 2002; Past Ter- This is a dangerous time we are in. going on, as do Foreign Relations, Ap- We need to not only confirm this nomi- rorist Attacks—October 8, 2002; Factual propriations, and Governmental Af- Finding of Inquiry—October 17, 2002. nee right away, but we need to do it fairs. Is there anybody who doesn’t Mr. ROBERTS. Mr. President, I yield overwhelmingly. We need to show him, have their finger in this intelligence we need to show the agencies, and we as much time as he may consume to pie a little bit? Basically, nobody is the distinguished Senator from Mis- need to show the departments that he doing the oversight job properly, be- has the confidence of the American sissippi. cause the members of the Intelligence Mr. LOTT. Mr. President, I thank the people through their representatives in Committee are not there permanently; chairman. I also commend the chair- the Senate. We are dealing with very they come and go and are on the Com- man and the vice chairman of the In- important issues, and it is so impor- mittee maybe 2 years, 4 years, or 8 telligence Committee for the very dif- tant that we have leadership at the years. Once you get to where you know top. We need to do it right away. ficult job they have been performing, what to ask and what is going on, you leading the Intelligence Committee. It We have a good man who has been leave the Committee. nominated. A lot of thought went into has to be one of the toughest jobs that Frankly, I think the CIA and the in- his selection. I know the President I have witnessed in the Senate. It takes telligence community’s attitude is: sought out the counsel, advice, and the time, it takes experience, and it takes Don’t give them anything; give them a thinking of a number of Members of intellect to be able to deal with the little bit of a courtesy, a brush-off, and issues that come before this com- we will get what we want from the ap- Congress on both sides of the aisle, in mittee. propriators in the end. the House and Senate, before he went I also commend them for the way I think we have real problems in the forward with this nomination. He has they have handled this particular nom- intelligence community and in the nominated a man who is uniquely ination. They were patient. They gave Congress, and we need to fix them. I qualified to be the Director of Intel- every Senator ample time to make don’t have a magic design. I want to ligence. their points and ask questions, and hear what the experts have to say and PORTER GOSS is the right age. He is they have been commended by Mem- see what legislation is proposed. I in his mid-sixties, still young enough bers of both sides of the aisle for the know this: Something has to be done in to do the job, and old enough to know way they handled the nomination. the way the intelligence community what needs to be done. He has a back- That is why I think the nomination operates. You cannot operate under a ground of military experience, where was approved by the Intelligence Com- construct where you have 15 different he was in Army intelligence for 2 mittee, and why I believe this nomina- agencies and 80 percent of the money years. He worked in the Directorate of tion will be confirmed by a wide mar- going to the Defense Department, with Operations of the CIA for many years. gin. the director of intelligence having lit- Most of this is in the RECORD, but I Before I get into a little more discus- tle or no control over the money or think it is worth repeating so that my sion about why I support PORTER GOSS many of those intelligence agencies. statement will make sense, hopefully, to be head of the CIA and director of We need major changes, and we need in its entirety. intelligence, I will talk about my over- them now. I am concerned about con- When he left the CIA, he continued to all concerns regarding the intelligence cerns that were raised yesterday that if be involved in trying to serve his fellow area. we do not do this right, if we rush to man and his community. He was a As a member of the leadership over reorganize the intelligence community, leader in his hometown in Florida. He the years, I was able to have briefings we could do damage because the job of served on the city council, was mayor, and meet with Director Tenet. There gathering intelligence has to go on was a member of the board of commis- are specific requirements in the law every day. Men and women are putting sioners, and has served in Congress that certain Members have to be noti- their lives on the line to gather intel- since 1988, which is a pretty good pe- fied when particular actions are taken. ligence. We need to be careful, but we riod of time. He eventually became I always took those matters very seri- need to press forward with change. chairman of the House Permanent Se- ously and spent the time that was nec- I know this body is loath to change lect Committee on Intelligence where I essary to get those briefings. For the anything. Any kind of reform is looked know he did a good job.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.015 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9501 I have watched him. I have watched need a firm and experienced leader. By the way, I think we will be very him deal with difficult issues. I have They need a person who has been there comfortable telling him: Mr. Director, watched him take a leadership role, with them, understands their needs, we don’t believe that. We will be able and I have watched him work with the and appreciates the job they do, and to be very candid with him. I believe he ranking member of that committee PORTER GOSS would do that. will show flexibility as we move from and with Democrats, and I have been He does support what Congress is where we are to where we need to be. impressed with the job he has done on about to do. We are going to create a He has been questioned about the po- the Intelligence Committee in the national intelligence director position, sitions he has taken, but he satisfied House. and we are going to pass legislation the members of the Intelligence Com- So he knows the CIA. He knows it that is going to reorganize the intel- mittee by a vote of 12 to 4 with several from having been in Army intelligence, ligence community at some point, Democrats voting for his confirmation. he knows it from having been in the maybe sooner than later. They asked him the tough questions. CIA, and he knows it from the position Again, he has the right attitude and They had their reservations, and those he held as chairman of the Intelligence supports the position I believe that reservations have been satisfied. Committee. He knows where the prob- Congress is going to be taking. I cite one point of how he dealt with lems are because he was there, and he There are those who have questioned the former Director. On September of knows how to strengthen the intel- his independence. Is he a partisan? Is 2003, he wrote a letter to DCI Tenet ligence community and make it better. he a politician? Whatever happened to pointing out concerns he had with in- He is no stranger to the difficulty and congressional courtesy? Over the years, telligence. He joined with the ranking the complexity of foreign intelligence. I have supported Members of the other member of the Intelligence Committee When I look back on some of the party from this body and the other in the House, Congresswoman HARMAN, former heads of the CIA, frankly, some body, even though they have some- and indicated there were significant of them did not have much of a back- times been very partisan politicians, deficiencies with respect to the intel- ground in that area. But here is a man very aggressive in their speeches on ligence community’s collection activi- who is uniquely qualified. He has been the floor of the House and Senate, but ties concerning Iraq’s WMD programs in the intelligence community. I know I knew them to be good men and and ties to al-Qaida prior to the com- that some people say that if you are in women, and I knew when they took on mencement of hostilities there. the institution, you are part of the a different role. When you are in Con- So he did not wait until after the problem. But, my experience leads me gress, when you are in politics, you are fact; he raised concerns when they to ask, how can you solve a problem if a politician. That is not a damnation. needed to be raised. If my colleagues you do not really understand an insti- That is somebody involved in the art of have taken a look at that letter, it cer- government. When you are a member tution? There are some in Washington tainly shows independence and it was of a party, sometimes members of the that say, if you know the subject, the kind of thing that the DCI needed other party get under your skin, and whether it is transportation or oil or to hear at that particular time. you speak out. intelligence, you should not be in gov- So I can attest from experience, from I noticed over the years, PORTER ernment because you have been co- observation, and from a written record GOSS has not been one of those rabid that this Congressman will be an inde- opted. partisans. He has been very calm and I think absolutely the opposite is the very stable. Sometimes he gets a little pendent, thoughtful, strong voice at case. Practical experience is invalu- upset. Maybe he thought perhaps the the CIA. able. You have to understand the cul- I urge my colleagues, let us have our Senate was getting carried away with ture, you have to understand the peo- some of our hearings recently. On occa- discussion but let us have a vote and ple, and anybody who has paid close at- sion, I have thought we did a little let us make it overwhelming. Let us do tention to the intelligence community grandstanding in the Senate, and I said it now because we need strong leader- in recent months and years knows so even though it was sometimes di- ship and we have the right man to do what changes should be made and have rected at my own party. this job. PORTER GOSS will provide to be made. I know he is an independent thinker, leadership for the intelligence commu- PORTER GOSS, a Member of Congress, and I know he will put his job as head nity. He will be able to work with Con- has been critical of the intelligence of the CIA, uppermost. He will put his gress and he will help give the intel- community. He does not sugar-coat it. political past and his partisanship be- ligence community the ability to do an He has called the human intelligence hind him. He also will be a man, I be- even better job. program dysfunctional. He has spoken lieve, who can go in and meet with the I thank the chairman for yielding me the truth about the way we have fund- President at those early morning meet- this time. ed the CIA, which he says has not been ings and say: Mr. President, this is The PRESIDING OFFICER. The Sen- adequate, it has not been done in the what we know, this is the truth about ator from Kansas. right way, and we have not put enough the situation, and if you go this way, Mr. ROBERTS. I yield such time as emphasis on human intelligence. In you are going to have certain prob- he may consume to the distinguished fact, Congress stopped this nation from lems. Senator from Utah and thank him for having the human intelligence we He has that stature, he has that his service on the Intelligence Com- needed, if we go back and look at the credibility, and he will have the inde- mittee. results of the Church Commission some pendence to do that. Also, I thank the Senator from Mis- 30 years ago. Once again, we are part of I think having served so many years, sissippi for his excellent commentary, the problem. having been on the Intelligence Com- more especially highlighting Mr. He knows we need to do more in lin- mittee, and having the record he built GOSS’s independence and the fact he guistic training, and he has raised at the Intelligence Committee, is proof will be a nonpartisan DCI. these questions as chairman of the that he will be independent to do that The PRESIDING OFFICER. The Sen- committee and in his communications job for the American people. I believe ator from Utah. with the DCI. he will be more candid with the Con- Mr. HATCH. Mr. President, I thank His confirmation would bring sta- gress. my colleague and I certainly appre- bility and experience to the intel- Quite often when we had testimony ciate the leadership Senators on the In- ligence community. One thing that before the Intelligence Committee, I telligence Committee, in particular the worries me, as I have talked to some of felt as if I did not get a complete story. Senator from Kansas. He has done a our intelligence personnel, is a certain Frequently, testimony was less than great job. I think Senator ROCKE- concern about whether they are really fully satisfactory or sufficient. PORTER FELLER has worked with him very well appreciated, and are the old experi- GOSS is going to be able to speak to us for the most part. enced hands going to stay, or are they on a level basis, not from the perspec- I associate myself with the remarks going to leave. I have noticed some of tive of a former staff member. He was of the distinguished Senator from Mis- the intelligence people I see are getting one of us, and he will not try to fool us. sissippi. There are very few people younger, younger, and younger. They I think he will tell us the truth. around here who have had to deal with

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.062 S22PT1 S9502 CONGRESSIONAL RECORD — SENATE September 22, 2004 the personalities of so many people as opportunity to take the measure of gain a strategic advantage against the Senator LOTT has. He has done a ter- PORTER GOSS’s mind, as well as his ex- threat we face now and will face for rific job throughout both his House and perience and his commitment to the some time to come: the threat of Senate career, and I think we ought to intelligence community. I totally sup- armed groups—terrorists, if you will. listen to the wise people like that with port this nomination. I strongly believe al-Qaida will be de- regard to whether we should vote for As we all recognize, the intelligence feated in the coming years. It is not PORTER GOSS. community will be undergoing a major going to be easy, but we will defeat There is no doubt in my mind that reform, a process that can only succeed them. On the other hand, I think a PORTER GOSS is worthy of this position if there is close cooperation between somber analysis of the world we live in and, in my mind, he will do it in an ef- the White House and all the relevant today should remind us that, even fective way. I compliment the distin- executive agencies, the Congress—and when al-Qaida is defeated, we will face guished Senator from Mississippi for that includes Democrats and Repub- the threat of other armed groups. Na- his cogent remarks and his very prac- licans—and especially this committee, tions that have developed a strategic tical remarks to which we ought to all and the intelligence community. advantage to understand, penetrate, be paying attention. The reform that will be promoted co-opt and, when necessary, destroy I remember when was should not be a mere bureaucratic re- armed groups will enhance their na- nominated, and George Tenet was a shuffling; it should be a reform of our tional security. Democrat. He was a staffer to Senator intelligence community that enhances We rely on our intelligence commu- Boren. Senator Boren, George Tenet, and strengthens our ability to under- nity for that strategic advantage. POR- and I traveled all over the world to- stand, penetrate, co-opt, and neutralize TER GOSS understands these require- gether. There was not any question the threat of armed groups to our na- ments. He has worked within the intel- that we were going to support George tional security. The success of the next ligence community, and he has per- Tenet when he came up for CIA Direc- Director of the Central Intelligence formed years of congressional over- tor, and I think he did a much better Agency must understand this to be suc- sight over that community. He re- job than all of his critics are saying. A cessful. spects the community and he knows The next Director of Central Intel- lot of that was because he worked very what is expected of it. If we do our ligence must understand that the new hard for Senator Boren and for the jobs, I can assure PORTER GOSS, when initiatives we are debating in draft leg- committee and knew an awful lot he is confirmed, he will be the Director islation this month, legislation we are about intelligence to begin with. This made most accountable to Congress in referring to as an intelligence commu- is a tough job. It is almost an impos- the history of intelligence community nity reform, will be the beginning, not sible job to do. In fact, I think it is an oversight. the end, of reform. In fact, I fear that impossible job to do in every way, in As I said, when the next director once we pass a reform package some of every respect, totally right. comes before our committee, we should us will believe we will have accom- The fact is, we supported Mr. Tenet not settle for reports. We must demand plished reform. In fact, we will have and he was a member of our family. I strategy for achieving reform and only begun. believe PORTER GOSS is a member of Everyone agrees that we need better measurement standards. Our legisla- our family, too, and a person who is results from our intelligence commu- tive initiatives can only do so much. worthy of this position. We should not nity. I suppose that is always going to Our oversight, and the stewardship of a politicize this appointment. be the case. Most of us, I hope, also responsible and experienced director, The next person to head the Central agree that the efforts of the intel- will be what advances reform. Intelligence Agency will lead the orga- There is no doubt in my mind that ligence community, from the Director nization at its most demanding time in this man can do the job and can do it on down, have been admirable, brave, history. The next Director of Central well. There is no doubt in my mind selfless, and intense. I believe former Intelligence will have to provide lead- that as a Member of Congress he has Director Tenet worked hard to revi- ership in shepherding that organization occasionally made statements that talize capabilities that devolved after through a much needed reform while have irritated the other side of this the end of the Cold War. I know he continuing to play a major role on the aisle. That is probably true of everyone worked hard. He inherited an agency ongoing global war on terror. The next on both sides of the floor. I have to that needed a lot of improvement, and person to hold this post will require admit I have been irritated from time to the extent that he could, he did his much more than a passing experience to time by statements made by my col- best to do so. with the workings of the intelligence The next Director of Central Intel- leagues on the other side—and even by community. He will need to understand ligence must recognize that our goal some of my colleagues on our side—and the role of the executive in conducting should not be to rebuild a capability I am sure I have made statements from our foreign policy at war, and the es- but to build a new capability. We need time to time that have irritated col- sential role of congressional oversight better results and we need a strategy leagues on the other side as well. I and support in ensuring that our intel- for achieving them. have not wanted to, but I am sure I ligence community is flexible enough Director Tenet was candid in speak- have. It is just the nature of being in to address threats that have never be- ing before the 9/11 Commission in say- this political arena. But to then pre- fore been the primary focus of our for- ing that our human intelligence capa- sume a person is an indecent partisan eign policy. bilities would take at least 5 years to because occasionally they find fault President Bush made the right call rebuild. PORTER GOSS, when confirmed, with the other side, I think shows a de- when he chose PORTER GOSS to fill this must recognize that this will be the gree of immaturity, of political and role. I am happy to note that an over- issue I will address in our first closed professional immaturity that is unwor- whelming majority of my colleagues on hearing. I will ask: How do you intend thy of the nomination process. the Senate Select Committee on Intel- to rebuild the capability? What is your Nobody is going to come before us ligence have also recognized this, hav- strategy? To what standards of meas- who is perfect in every way. But I have ing approved his nomination yesterday. urement will you hold yourself? to say, there are very few people who I commend Chairman ROBERTS for his The American intelligence commu- have served as much as PORTER GOSS leadership and I thank our majority nity of the 21st century will face tradi- has and who have as much knowledge and minority leaders for bringing this tional geopolitical threats, as we did in of the intelligence community as he nomination to the floor today. It is im- the past. We will need intelligence to has, who have ever been members of portant. address the question of rising powers, the top echelon of the CIA. I have had the opportunity to work such as China, and remilitarizing I have every confidence in him. I am closely with the chairman of the House states, such as Russia. We will need in- going to support him. I hope all my Permanent Select Committee on Intel- telligence to deal with the failing colleagues also will support him. He is ligence. In the months of collaboration States of North Korea and Cuba. worthy of it. He is a Member of Con- between our two committees which As we all know, we will also need to gress. He is a person who deserves our produced the joint inquiry, I had the develop intelligence capabilities to support. I hope we all get together and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.064 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9503 support him and continue to support plished’’ means job done—almost 900 When asked whether he would inves- him as he serves in this job which al- people, 900 Americans have perished. tigate the disclosure of covert CIA most nobody can completely fulfill. How do we treat subjects so casually, agent Valerie Plame’s identity, he dis- This is a job that takes immense capa- statements like this? Does President missed the scandal, saying, ‘‘There’s a bilities and, I might add, commitment. Bush believe Congressman GOSS will much larger dose of partisan politics He has both and we should support simply direct the guessing game at the going on right now than there is worry him. CIA? Is that all he expects from our about national security.’’ I yield the floor. main intelligence agency? Then he added flippantly, ‘‘Somebody The PRESIDING OFFICER (Mr. As we now know, in July the CIA sends me a blue dress and some DNA BROWNBACK). The Senator from West sent the President a report that laid and I will have an investigation.’’ Virginia. out three scenarios for Iraq, with the What kind of an insulting comment Mr. ROCKEFELLER. I yield such rosiest scenario being the continuation is that intended to be? Do you want to time as the Senator from New Jersey of the disastrous status quo. Under this trust this individual with a bipartisan wishes to express his views. I yield him scenario, we see an average of 87 at- responsibility to the entire Nation who that amount of time. tacks a day against our troops, and can be so casual, so insulting, so sar- The PRESIDING OFFICER. The Sen- 1,037 dead to date. That is a horrible castic in his view of what takes place ator from New Jersey is recognized. situation. here? Do we honestly expect someone Mr. LAUTENBERG. Mr. President, The CIA report to the President iden- who has been a partisan attack dog for we are discussing the nomination of tified the worst scenario as an all-out President Bush’s reelection efforts to Representative PORTER Goss to be Di- civil war, with our troops in the cross- be independent and nonpartisan? It is rector of Central Intelligence. This fire. This is not what the President just not realistic. nomination comes to the floor at a wanted to hear. So what did he do? He It is time for the President and this critical time for our Nation’s intel- ignored it. And now when asked how administration to return to reality— ligence community. With Chairman the information came to him, he said: the reality of Iraq, the sadness of the COLLINS’s leadership and Senator The CIA—just guessing. loss of life, the ruination of families, President Bush’s comments are a LIEBERMAN’s ranking membership, the the emotional disturbances that occur. frightening sign he is not dealing with Governmental Affairs Committee is in We have some reservists from the State reality, in that he continues to ignore the process this very day of marking of New Jersey on active duty in Iraq. the truth about what is happening on up legislation to reform the intel- We just had our 33rd death of service the ground in Iraq. That is why I am so ligence community. It is a task that all people from New Jersey in Iraq. The concerned about the nomination of of us on the committee are taking very disturbances that go to normal life, the PORTER GOSS to head the CIA. seriously. After all, it was the failures daddies missing, mommies missing in I know Mr. GOSS only casually. Cer- of intelligence that led to the horrors tainly he seems like a nice enough, in- the household—it is terrible. We have of 9/11 and the loss of almost 3,000 lives. telligent fellow. But what the Presi- to get back to reality, the reality of Seven hundred of them came from my dent needs more than ever is an intel- Iraq, the reality that our Nation’s in- home State of New Jersey. It was a ligence chief who will tell it like it is, telligence is not just guessing, and the painful moment in American history. and not revamp intelligence to meet reality is that we need an objective, It was failures of intelligence that the President’s expectations. nonpartisan intelligence chief in this led to our false premises for invading Congressman GOSS has not shown Nation. Iraq. I thought everyone from the himself to be a person who will deliver I say with regret that we cannot ac- President on down had agreed that we nonpartisan, objective information to cept turning responsibility over for needed to take intelligence data more the President. managing this Nation’s intelligence seriously. That is why it was so shock- At a time when the independence and gathering to someone who first looks ing to hear President Bush’s odd state- the objectivity of the CIA is more cru- at which side of the political aisle ment yesterday about our Nation’s in- cial than ever before, President Bush someone is on before he makes deci- telligence data on Iraq. A few hours has nominated a politician who has sions about the responsibility for the after the President spoke at the United been particularly partisan. In a PBS CIA. Nations about why we went it alone in ‘‘Frontline’’ interview after 9/11, Rep- I yield the floor. Iraq, President Bush was asked by a re- resentative GOSS refused to charac- The PRESIDING OFFICER. The Sen- porter about the CIA report that he terize what happened as an intelligence ator from the great State of Kansas. had received in July, regarding the de- failure. How could one argue that 9/11 Mr. ROBERTS. Thank you, Mr. teriorating situation in Iraq, which was not an intelligence failure? He also President. could even lead to a full-blown civil opposed the creation of the 9/11 Com- I now yield as much time as the dis- war. mission. tinguished Senator from Maryland may The President at that moment dis- Congressman GOSS attacked Senator use. I thank the distinguished Senator missed the CIA report by saying that KERRY claiming that Senator KERRY for her service on this committee as the CIA might have been ‘‘just guess- tried to cut the Nation’s intelligence she always provides the committee ing.’’ Just guessing? The Central Intel- budget during the Clinton administra- with very candid, independent, and ligence Agency just guessing? That is tion. But Congressman GOSS made the right-on views. I am delighted to yield quite a way to describe their activities. attack against Senator KERRY while time to her at this time. On this placard we see what Presi- not revealing that he cosponsored a bill The PRESIDING OFFICER. The Sen- dent Bush actually said. during the same period that would ator from Maryland is recognized. The CIA laid out a—several scenarios that have made even deeper budget cuts. Ms. MIKULSKI. I thank the chair- said, life could be lousy, life could be OK, life Here is what Mr. GOSS called the Sen- man of the Intelligence Committee for could be better. And they were just guessing ate Armed Services Committee in re- his words. I also thank him for the as to what the conditions might be like. cent hearings on the Abu Ghraib prison process he provided for us to evaluate That is quite a description, on Sep- scandal. I quote him. He said: the suitability of PORTER GOSS to be tember 21, yesterday, at the Waldorf- We’ve got a circus in the Senate which is the Director of the Central Intelligence Astoria in New York. If the President always a likely place to look for the circus. Agency. He gave us a lot of time to be thinks our Nation’s intelligence sys- Quite a commentary about what Mr. able to interview Mr. GOSS directly. tem is just guessing, then we are really GOSS thinks of our Government. First His staff has been quite collegial and in trouble. Casual statements. of all, the abuse of prisoners at Abu quite cooperative, and we want to I remind President Bush that when Ghraib—he thinks the Senate is a cir- thank him for providing us with that you pronounced ‘‘mission accom- cus in hearings, and then he describes type of environment in which to make plished’’ on the deck of that aircraft this place as a big circus tent. Is that a wise and prudent decision. carrier, we had lost 138 American citi- what he thinks of us? I hardly think Indeed, deciding on this nomination zens. But since then, since the mission that is the kind of person who ought to is vitally important. The Director of was accomplished—‘‘mission accom- be taking this serious job. the CIA needs to be up to the job.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.067 S22PT1 S9504 CONGRESSIONAL RECORD — SENATE September 22, 2004 These are very dangerous times, and it dom? Would he tell the President what nation come to us separately. In voting is vitally important that we make the he should hear, not what the President for PORTER GOSS, I am voting for him right choice. Now more than ever, the would like to hear? That is what speak- to be the head of CIA, but I am not security of our Nation depends on ing truth to power means. using this vote for him to be the NID timely, reliable intelligence to detect, Speaking truth to power is not easy. by proxy. disrupt, and deter terrorist attacks on It is very difficult. Yet for the Director Again, let me conclude by thanking the United States of America and to of the CIA it is important that he the chairman and the vice chairman also make sure attacks don’t happen to speak the whole truth and nothing but for their hard work on this committee. treasured allies, and to help policy- the truth, without sugarcoating, no It is a committee with great responsi- makers, from the President and his matter how difficult. The President bility. We take it seriously. But at the Cabinet to Members of Congress, to must receive the best judgment and in- end of the day, my analysis concludes make the right decisions about what formation. That is what I am looking that I will vote for PORTER GOSS. I will we need to do related to diplomacy and at. trust, but I will use congressional over- the deployment of our troops. Now, having had those questions sight to verify. The next Director of the CIA will when Mr. GOSS was before the com- I yield the floor. have to do all of this and even more. mittee, in my usual way I asked very The PRESIDING OFFICER. The Sen- The next Director will also have to direct questions. I raised those issues. I ator from Kansas. push through the much needed reform even raised the issue the previous Sen- Mr. ROBERTS. Mr. President, I at the CIA and to cooperate in the re- ator, the Senator from New Jersey, Mr. thank Senator MIKULSKI for her very forthright statement. Like the Sen- forming of other intelligence agencies. LAUTENBERG raised. What about this ator, I understand the point raised by We want to make sure there are no investigation, the blue dress, and the Senator LAUTENBERG and would only more 9/11’s and no more wars based on DNA? Well, I put it to him. And his an- make two points about the notion of dated and dubious evidence. swer back was, yes, he would be non- The constitutional duty of the Sen- partisan. That he understood the role PORTER GOSS’s alleged lack of inde- ate is to review the nominations of the of the Director of the CIA is different pendence from the administration. First, Mr. GOSS sent a very candid President. I take that very seriously. from being a Congressman. That it is letter to DCI Tenet, along with Con- When a nominee comes, regardless for not a political job, it is a job that is gresswoman JANE HARMAN, who is the what position or from whatever party both policy and operational. ranking member of the House Intel- is in power, for an important position He said he would speak truth to ligence Committee, expressing deep like this, I ask four questions: Is that power to both the President and to the concern about our intelligence on Iraq. Congress. And if anyone knows the im- person competent? Do they bring integ- That letter is not the work of a shrink- portance of congressional oversight, it rity to the job? Are they committed to ing violet, I can assure you. the core mission of the agency? And is PORTER GOSS. He agreed to work Mr. President, I ask unanimous con- will they function in an independent with the Congress to reform our intel- sent that letter be printed in the ligence agencies. way? RECORD. As I said at our hearings, I know As you can see, at the hearing, in re- There being no objection, the mate- PORTER GOSS, and I have worked with sponse to both my questioning and rial was orderd to be printed in the him over the years. I have no doubt questioning by the chairman and other RECORD, as follows: that Congressman GOSS is competent members, particularly on this inde- U.S, HOUSE OF REPRESENTATIVES, based on his years of service, both as pendence issue, he said he would raise PERMANENT SELECT COMMITTEE an agent at the CIA as well as in the these issues. ON INTELLIGENCE, House of Representatives chairing the So when I have to think about, is this Washington, DC, September 25, 2003. House Intelligence Committee. From the PORTER GOSS who is moderate, Hon. GEORGE J. TENET, my knowledge, he has been a man of straightforward, willing to work across Director of Central Intelligence, integrity. And yes, he is committed to the aisle, or is this the aggressively Washington, DC. the mission of the CIA and the impor- partisan and even intemperate person, DEAR MR. TENET: At the outset, we reaf- I take him at his word. However, in the firm our support for the dedicated men and tance of intelligence to help protect women working in the Intelligence Commu- the United States of America. The words of Ronald Reagan, who said nity (IC). Their deep commitment to our great big caution yellow light I have is ‘‘trust but verify,’’ that is the way I country and to their profession is evident. the one about independence—the will- feel about the PORTER GOSS nomina- The nation owes these professional men and ingness to speak truth to power, com- tion. I accept him at his word, which women its gratitude for their tireless efforts mitted to reform, to be nonpartisan, he not only gave to me but he gave to to provide policymakers with the intel- and also never to sugarcoat, dilute, or the entire committee in a public for- ligence they need to make informed deci- mat, that he would be nonpartisan, sions about the security of Americans at twist the information going to the home and in places like Iraq. President of the United States and top committed to the truth, a leader for Thank you, again, for promptly responding policymakers. independence and reform, and would al- to the Committee’s request for all intel- During the last year, I have become ways speak truth to power. So I accept ligence information related to Iraq’s weap- very concerned about Mr. GOSS’s par- him at his word, but I also believe we ons of mass destruction (WMD) capabilities, tisan activities. He has unfairly at- must engage in vigorous congressional as well as any ties to terrorist organizations, including al Qa’ida. The Committee has re- tacked Democrats. He has been stri- oversight to make sure PORTER GOSS viewed all 9 volumes of material that you dent in other statements in terms of does the job he is to do, and to make provided, Additionally, it has held several the political campaign for the Presi- sure he does what he has committed to closed hearings and an open hearing, con- dency. do. ducted a number of interviews, made several My questions are, Who is this PORTER So when my name is called, I will oversight trips to Iraq, and reviewed addi- GOSS? Is he the one I served with in the vote for PORTER GOSS. But I want to tional materials over the last four months. House who was a moderate conserv- make it very clear that in voting for Although the Committee’s work continues, ative, straightforward, and also some- PORTER GOSS to be the Director of the we have some preliminary views that we one who said we have to think out of CIA, I am not voting for him to be the offer so that the IC can begin to consider necessary improvements. In addition, we the box so we don’t end up in a box? Or future NID. As you know, we are not offer these views to provide you a chance to is he a rather an aggressively partisan clear on what is the framework for re- answer questions or clarify any issues that person? My question about PORTER form we will adopt. There are ideas will assist us in concluding our review. GOSS is, Would he be an independent coming forth that I know we will be de- At this point, several months into our re- voice in the administration as well as a bating and voting on next week and in view, we believe there were significant defi- strong advocate for real and deep re- the weeks ahead. So we want to be sure ciencies with respect to the IC’s intelligence form? Would he present the President whatever framework we create, and if collection activides concerning Iraq’s WMD programs and ties to al-Qa’ida prior to the with the best information based on we do create the National Intelligence commencement of hostilities there. facts and sound analysis without re- Director, a position I have supported We have a fundamental disagreement gen- gard to ideology or conventional wis- for many months, that person’s nomi- erally on whether the National Intelligence

VerDate Aug 04 2004 02:25 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.031 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9505 Estimate on Iraq’s WMD programs and the WMD, and Iraq’s support to terrorist groups process made their way to the analysts’ intelligence on Iraq’s ties to al-Qa’ida were appears to have hampered the IC’s ability to desks, providing ample room for vagary to deficient with regard to the analysis and provide a better assessment to the policy- intrude. Although the Intelligence Commu- presentation, especially in the certainty of makers from 1998 through 2003. nity often noted that the reports were ‘‘from the IC’s judgments. The Ranking Member be- Iraq has held a place of priority in U.S. for- sources of varying reliability,’’ these reports lieves it was. The Chairman believes it was eign policy and national security during suc- did not make clear which of them were from not. cessive Administrations. For instance, in sources that were credible and which were Additionally, the Committee is also re- 1998 U.S. policy toward Iraq was clarified by from sources that would otherwise be dis- viewing the intelligence assessments that Congress and the President to reflect an un- missed in the absence of any other corrobo- existed pre-March 2003 regarding the nature equivocal policy to seek regime change, See rating intelligence. and level of resistance that U.S. troops could Iraq Liberation Act of 1998 (P.L. 105–338 Oct. NATURE OF IRAQI RESISTANCE AND THE STATE expect in Iraq and the health of Iraq’s civil- 31, 1998). Given the high priority placed on OF IRAQ’S INFRASTRUCTURE ian infrastructure. Iraq policy, we believe greater efforts should In addition to these two issues, we are con- IRAQ’S WMD have been made to acquire more and better cerned whether the policymakers were sources of information—particularly well- In October 2002, the Intelligence Commu- warned adequately about the nature and targeted, close-in HUMINT. nity produced a National Intelligence Esti- level of resistance our troops would face in mate that included statements that ‘‘We RECONSTITUTION OF IRAQ’S NUCLEAR WEAPONS Iraq, or about the dilapidated state of Iraq’s judge that Iraq has continued its weapons of PROGRAM civilian infrastructure. The Committee will mass destruction (WMD) programs in defi- In October 2002, the NIE on Iraq’s WMD be reviewing the intelligence available to ance of UN resolutions and restrictions. programs made a statement about Iraq’s nu- policymakers prior to the commencement of Baghdad has chemical and biological weap- clear program, ‘‘. . . in the view of most hostilities to determine if there were short- ons . . .’’ and ‘‘in the view of most agencies, agencies, Baghdad is reconstituting its nu- comings in the support provided on these Baghdad is reconstituting its nuclear weap- clear weapons program.’’ (NIE at page 5.) issues. The Committee will seek to under- ons programs.’’ (Iraq’s Continuing Programs The NIE cited six factors in making this stand what requirements were levied on the of Weapons of Mass Destruction at p. 5 (here- judgment: IC prior to the invasion, what assessments after ‘‘NIE’’)). The Committee thoroughly re- Iraq’s aggressive pursuit of high-strength were made, whether the assessments were viewed the underlying intelligence sup- aluminum tubes; completed in a timely manner, and, with the porting these conclusions, that you have pro- Iraq’s attempts to obtain permanent mag- benefit of hindsight, how well the assess- vided, as well as the reporting from the early net production capability; ments match what has been found in Iraq efforts to locate WMD after the cessation of Iraq’s attempts to obtain high-speed bal- since the cessation of major hostilities. major military action in Iraq. Thus far, it ancing machines; POLICYMAKERS STATEMENTS ON IRAQ appears that these judgments were based on Iraq’s attempts to obtain computer-con- too many uncertainties. trolled machine tools; The Committee has reviewed extensively allegations that there was a disconnect be- IRAQ’S POSSESSION OF CHEMICAL AND Iraq’s efforts to re-establish and enhance tween public statements by Administration BIOLOGICAL WEAPONS its cadre of weapons personnel, which in- officials and the underlying intelligence, The The U.S. and the U.K. took limited air cluded appearances by Saddam on Iraqi TV Committee’s purview does not extend to the strikes in 1998 (Operation Desert Fox), based exhorting his nuclear scientists; and Activities at suspected nuclear sites. formulation or articulation of foreign policy. on Iraq’s lack of cooperation and violation of Our examination has identified the rel- We do believe, however, that if public offi- United Nations Security Council resolutions atively fragile nature of this information. cials cite intelligence incorrectly, the IC has regarding weapons of mass destruction. In With respect to the aluminum tubes, as was a responsibility to go back to that policy- early 1998, while the UN inspectors were still stated in the NIE, the Bureau of Intelligence maker and make clear that the public state- in Iraq and providing some amount of solid and Research (INR), citing the Department ment mischaracterized the available intel- information about the WMD programs, the of Energy (DoE) analysis, disagreed with the ligence. The IC exists to inform policy- IC’s judgments were based, in substantial view that these tubes were intended for makers on matters of foreign intelligence. It part, on circumstantial information. Such Iraq’s nuclear program. The other items that does not make policy. The IC is one of many information—among other things—identi- Iraq was seeking (permanent magnet produc- sources of information available to policy- fied: gaps and inconsistencies in Iraq’s WMD tion capability, high-speed balancing ma- makers. Policymakers are under no obliga- declarations to the UN; Iraq’s obstruction of chines, and computer-controlled machine tion to believe or adhere to the IC’s judg- United Nations Special Commission tools), in addition to having utility in a nu- ments. Nor should the IC dictate U.S. foreign (UNSCOM) inspections and monitoring ac- clear weapons program, also have civilian policy. tivities; Saddam’s efforts to declare certain uses. Other elements of information avail- sites exempt from inspections; and Saddam’s SUMMARY able to the IC on the topic of nuclear recon- efforts to end inspections entirely. The assessment that Iraq continued to pur- After the departure of UN weapons inspec- stitution may have been susceptible to Iraqi sue chemical and biological, weapons re- tors and Operation Desert Fox, in 1998, some denial and deception efforts. These included mained constant and static over the past ten new information continued to be developed trying to determine the nature of Iraqi ac- years. The U.S. understanding of Iraq’s ties on Iraq’s capabilities, but access to ‘‘ground tivities at suspected nuclear sites or the pur- to terror groups was also longstanding. We truth’’ corroboration was lost. The IC was pose of Saddam’s TV appearances exhorting note, however, that there was insufficient also faced with the daunting challenge of his nuclear scientists. We have not found any specific information regarding the following: trying to interpret snippets of information information in the assessments that are still Saddam’s plans and intentions, in an environment where the regime was en- classified that was any more definitive. the status of Iraq’s WMD programs and ca- gaged in massive denial and deception ef- IRAQ’S TIES TO TERRORISTS INCLUDING AL- pabilities, and forts. Based on past assessments and some QA’IDA Iraq’s links to al-Qa’ida, specifically. new ‘‘piecemeal’’ intelligence, which was The Committee has reviewed the three vol- The intelligence available to the U.S. on otherwise seemingly valid, the Community’s umes of information provided by you on Iraq’s possession of WMD and its programs analysis of Iraq’s WMD programs and capa- Iraq’s ties to terrorism, most of which re- and capabilities relating to such weapons bilities reflected an assumption that these mains classified. We have found no reason to after 1998, and its links to al-Qa’ida, was long-standing judgments on the issue were question the State Department’s decision to fragmentary and sporadic. These assess- still valid. The absence of proof that chem- designate Iraq as a state sponsor of ter- ments and longstanding judgments were not ical and biological weapons and their related rorism for at least a decade. challenged as a routine matter within the IC. development programs had been destroyed On the issue of Iraq’s ties to al-Qa’ida, Saddam Hussein, for his part, apparently was considered as proof that they continued however, we believe substantial gaps in col- made no effort to dispel the conclusions that to exist. lection—particularly HUMINT—contributed he possessed weapons of mass destruction, The dearth of post-1998 underlying intel- to the Intelligence Community’s inability to had programs in place to produce them and ligence reflects a weakness in intelligence give policymakers a clear understanding of had the capabilities to deliver them, or that collection, The Committee on a number of the nature of the relationship. he had links to terrorist groups. occasions in the past expressed its concern In place of an assessment characterizing Underlying these problem areas were seri- that the IC was facing serious shortfalls in the relationship between Saddam and al- ous deficiencies in our HUMINT collection specific areas of intelligence collection—to Qa’ida, the Intelligence Community reported capabilities against this target. HPSCI has include intelligence from human sources on possible contacts between al-Qa’ida asso- consistently recommended greater manage- (HUMINT) and from technologies designed to ciates and Iraq. As in other cases of IC re- ment attention and allocation of resources tell us about weapons development (Meas- porting on terrorism generally, we believe to core intelligence mission areas—such as urement and Signatures Intelligence, or that there was either a ‘‘low threshold’’ or HUMINT and analysis. We believe Iraq is, in MASINT). The issues presented with respect ‘‘no threshold’’ for disseminating informa- many ways, a case study for improvements to Iraq’s WMD programs and capabilities ap- tion on ties between Iraq and al-Qa’ida. As a in these areas. pear to be a case in point. Lack of specific result, intelligence reports that might have We would appreciate your response to the intelligence on regime plans and intentions, been screened out by a more rigorous vetting issues raised in this letter. In addition, we

VerDate Aug 04 2004 02:25 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.016 S22PT1 S9506 CONGRESSIONAL RECORD — SENATE September 22, 2004 seek your assurance that the shortcomings But the task before us right now is to Mr. ROBERTS. Mr. President, seeing identified will be promptly addressed. Fi- exercise our constitutional duty in no other Senators requesting time now, nally, we intend to have additional hearings, confirming or rejecting an appoint- I suggest the absence of a quorum. open and closed, as appropriate. ment by the President to lead the in- The PRESIDING OFFICER. The Sincerely, telligence apparatus, right now as sym- clerk will call the roll. PORTER J. GOSS, The assistant legislative clerk pro- Chairman. bolized by the Director of the Central ceeded to call the roll. JANE HARMAN, Intelligence. That is why I am here to Ranking Democrat. speak on behalf of PORTER GOSS. Mr. REID. Mr. President, I ask unan- imous consent that the order for the Mr. ROBERTS. Second, the independ- It has already been said before many quorum call be rescinded. ence issue was thoroughly explored at times that he started in 1960 as an The PRESIDING OFFICER. Without Mr. GOSS’s confirmation hearing as of Army intelligence officer, right out of objection, it is so ordered. this week. Mr. GOSS has assured the school. Having gone into the CIA from Mr. REID. Mr. President, following committee—and I do believe him, that, with a distinguished career, he Senator DORGAN’s remarks, I ask unan- knowing him for 16 years in the Con- ended up back being a city councilman imous consent that the Senate stand in gress—that he has the integrity, as and a mayor in a little town on the recess until 4 o’clock, and that the Senator MIKULSKI put it, to look the southwest coast of Florida. Then-Gov- time during the 4 o’clock period be President in the eye and say no. ernor GRAHAM, now my senior col- equally charged against both sides. Mr. President, at present, it does not league in the Senate, when three va- The PRESIDING OFFICER. Is there appear either side has a Member re- cancies occurred on the Lee County objection? questing time, so I suggest the absence Commission—they had occurred for Mr. ROBERTS. Reserving the right of a quorum. whatever reason, but they were there— to object, and I shall not object, it is The PRESIDING OFFICER. The then—Governor GRAHAM chose PORTER my understanding, or I can ask the dis- clerk will call the roll. GOSS to fill one of those vacancies. tinguished Senator— The assistant legislative clerk pro- Then his public service expanded, and Mr. REID. He said he has a short ceeded to call the roll. he later ran and won a seat in the U.S. statement. Mr. NELSON of Florida. Mr. Presi- House of Representatives. We have Mr. ROBERTS. He would be able to dent, I ask unanimous consent that the known of his public service through his finish his remarks at 3, in time for the order for the quorum call be rescinded. capacity as the chairman of the House meeting? The PRESIDING OFFICER. Without Intelligence Committee. Mr. REID. Especially if we didn’t objection, it is so ordered. talk more. Now, has PORTER said some things he Mr. ROBERTS. Mr. President, I yield The PRESIDING OFFICER. Is there probably wishes he would not have such time to the distinguished Senator objection? said? Yes. But who among us has not from Florida as he might consume and Mr. ROBERTS. No. made those kinds of mistakes? This thank him for his contributions, not The PRESIDING OFFICER. Without Senator knows him to be, in this polit- only with his strong interest in the In- objection, it is so ordered. The Senator ical cauldron of highly charged par- telligence Committee and the leading from North Dakota. tisan politics, one of the most bipar- intelligence issues and challenges we Mr. DORGAN. Mr. President, I do not tisan of all Members of Congress that I face today, but for his service on the have a long presentation. My guess is have had the pleasure of knowing. It is the 3 o’clock briefing is one most Sen- Armed Services Committee as well, for my understanding that he made a com- ators want to attend. I do want to, working with me with regard to Cap- mitment to the Intelligence Com- however, visit a bit about this issue of tain Spiker and other issues. I look for- mittee, and specifically to questions the Director of the Central Intelligence ward to his comments. propounded by the vice chairman of Mr. NELSON of Florida. Mr. Presi- Agency. that committee, the distinguished Sen- We have been through pretty tough dent, we are at ‘‘no fooling time’’ with ator from West Virginia, Mr. ROCKE- times with respect to intelligence in regard to our intelligence activities. FELLER, that he would not engage in a this country, and this is a critically Because the only thing that is going to partisan manner, which is the least important position. The President’s prevent another terrorist attack, of that can be expected of the Director of choice is an important choice, espe- which there are many attempts, is the the CIA. The stakes are too high for cially given what we have been accuracy and quality and the timeli- this country for any of that kind of through. Let me make a couple of com- ness of the intelligence information we nonsense. ments. get. In dealing with a secretive nation First of all, I am going to vote for such as North Korea, which in this Sen- I believe PORTER is a man of his word to the Senate Intelligence Committee. this nomination, but I do so without ator’s opinion is one of the gravest great enthusiasm, and I would like to threats to the interests of the United I believe, given the circumstances of where we are now, with so much at explain why. States because of their outspoken at- PORTER GOSS, I think, is qualified to tempt to acquire nuclear capability, we stake and having to have the right kind of leader, this is the leader the assume this role. There is little in his simply have to penetrate a secret soci- record that suggests he is a reformer, ety such as that with our intelligence President has nominated. We are now in the process of advising and probably and there is some piece of that record apparatus more than we have been that suggests there is some partisan- consenting, and with the admonitions doing. ship, which bothers me. But I know he has received, with the exceptional Therefore, who is going to lead this PORTER GOSS. I have known him for a educational background he has had, administrative apparatus on intel- long while. When I served in the House with the breadth of his experience, not ligence gathering and intelligence of Representatives, I knew him. analysis and intelligence coordination, only as an agent but as the chairman While I would not have made this with the multitude of agencies all deal- of the committee, I think it is the con- choice had I been President, the Presi- ing with intelligence, is extremely im- stitutional duty of the Senate to dent has the opportunity to make the portant. That is why I am standing render a verdict. I think that verdict selection and deserves, in this case, his here speaking on behalf of my fellow ought to be for the approval of PORTER own team. My hope is the questions OSS Floridian and my friend PORTER GOSS. G as Director of Central Intel- asked of Mr. GOSS at his hearings will This Congress will have a monu- ligence. make certain he will run the CIA with mental task before it very shortly on Mr. President, that is my effort to a reformist attitude, with an under- the reorganization of the intelligence lend to this debate. It is short and standing that things need to change, apparatus as well as the reorganization sweet. This Senator, as well as my sen- with an understanding that this can- of putting our own house in order as we ior colleague from Florida, will be vot- not, under any circumstance, be a posi- exercise that oversight or give direc- ing in favor of PORTER GOSS. tion from which partisanship flows, tion to the executive branch of govern- I yield the floor. and that we have to get straight an- ment. And that needs to be done better The PRESIDING OFFICER. The Sen- swers, as does the President, from the than we have in the past. ator from Kansas is recognized. Central Intelligence Agency.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.018 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9507 Over the years, we have had many, was done by the Joint Intelligence I am going to vote for Mr. GOSS. I many failures in intelligence. For Committee in December of 2002 that think he is qualified to do this job. As those of us who have been through top was published with 28 pages missing. I indicated, I am concerned about some secret briefings in room 407 of the Cap- Those 28 pages are about the Saudis. things he has done in the past. I hope itol Building, it is nearly unbelievable Fifteen of the 19 who attacked this that is over. I am concerned about the what they told us they knew from all country were Saudi citizens. But when intelligence agencies themselves. I be- their different kinds of intelligence- the report was published for the public lieve they are in desperate need of re- gathering devices and their analysis, to read, the White House redacted or form. I hope Mr. GOSS will be a re- and what we subsequently learned were eliminated the 28 pages that dealt with former. Most importantly, our country, the facts or the truth of the matter. Saudi Arabia. all of us, each of us, needs to work to- I am telling you because we need a On October 29 of last year, I offered gether to create an intelligence system good intelligence system to protect our an amendment to the Foreign Oper- that works for the safety of this coun- country and protect our homeland. I ations appropriations bill, a sense-of- try and works in a way that a Presi- worry about all of this, knowing that the-Senate resolution, calling on the dent, a Congress, a Director of the CIA the intelligence system was deeply administration to declassify those 28 can rely on good intelligence from all flawed. In candid moments, most Mem- pages. If one is talking about 9/11, and around the world. bers of the Senate would tell you that talking about intelligence, I believe My understanding is that we will be which was told them as top secret in- the American people and every Member in recess for 1 hour until the hour of 4 telligence information has often turned of this Senate and the Congress need to p.m. out to be fundamentally wrong. understand what is in those 28 pages I yield the floor. We now read, for example—and I am dealing with Saudi Arabia. f not now discussing that which comes It is interesting, even the Saudi Am- from top secret briefings; I am dis- bassador and the Saudi Foreign Min- RECESS cussing things that come from the peri- ister, publicly insisted that this infor- The PRESIDING OFFICER. Under odicals—we read, for example, that the mation be declassified. Senator SHEL- the previous order, we will now stand intelligence we were given in briefings BY, the top Republican Senator on the in recess until the hour of 4, with the about the issue of mobile chemical 9/11 inquiry, said that 95 percent of the time charged evenly to both sides. weapons laboratories, it turns out classified pages of these 28 pages could Thereupon, the Senate, at 3:04 p.m., came from one source, a source they be released without jeopardizing our recessed until 4 p.m. and reassembled call ‘‘Curve Ball.’’ I am describing this national security. when called to order by the Presiding from and Time magazine, I say once again to the administra- Officer (Mr. CORNYN). not from top secret briefings. One tion and to my colleagues that the 28 f source turns out to apparently have pages dealing with Saudi Arabia and 9/ been a drunk and a fabricator and, as a 11 needs to be released to the American EXECUTIVE SESSION result of that source, we get top secret people. This Congress and the Amer- briefings and the Secretary of State ican people should not be evaluating 9/ NOMINATION OF PORTER J. GOSS makes a presentation at the United Na- 11 and our intelligence without releas- tions about something that apparently TO BE DIRECTOR OF CENTRAL ing those 28 pages, so that the Amer- INTELLIGENCE—Continued we now know was untrue. What kind of ican people see what was deemed re- intelligence system is that? quired to be classified. It should not The PRESIDING OFFICER. The Sen- We learned that Germans provide the have been classified. ator from Illinois. name and information of a terrorist to Whether we are talking about Iraq, Mr. DURBIN. What is the pending the CIA here in the United States and Afghanistan, , Syria, or back business before the Senate? the telephone number and nobody even further, Libya or the old Soviet The PRESIDING OFFICER. The checks on him, nobody follows up at Union, there have been intelligence pending business is the nomination of all. Our intelligence folks cannot find a failures. We spend a great deal of PORTER GOSS. couple of alleged terrorists living in money on U.S. intelligence. We want it Mr. DURBIN. Mr. President, I rise to San Diego when their names and tele- to work. I do not want our intelligence speak in reference to that nomination. phone numbers are in the phonebook? system to fail our country, because our Mr. President, I will vote against the What on earth is this? I suppose it is country requires a good intelligence nomination of Congressman PORTER Keystone Kops, except this is about the system to prevent the next terrorist GOSS to serve as the next Director of security of the United States of Amer- attack and to attack terrorists where Central Intelligence. I do so reluc- ica. tantly. I have known Congressman I want the CIA and the Intelligence they live. The attack on Iraq was a preemptive GOSS for a number of years, and I con- Community to succeed. Our country strike that the President said was nec- sider him a good person and a good depends on it being able to succeed in essary to protect our country. Well, it public servant. But we are on the verge gathering good intelligence and pro- of enacting significant, historic, and tecting this country. is very important when talking about much needed reform of the U.S. intel- There is so much that is wrong here. preemption, which is a doctrine that ligence community. It is more impor- Hans Blix, the U.N. weapons inspector, has been foreign to this country’s in- said he was ‘‘not impressed’’ by the in- terests in the past, to have good intel- tant than ever that the next leader of telligence presented by the administra- ligence. Preemption can never occur the intelligence community be non- tion regarding Iraq’s weapons of mass based on what one thinks. Preemption partisan and firmly committed to destruction. The Blix team checked could only occur based on what one meaningful intelligence reform. every site where U.S. intelligence indi- knows. What one knows must come Based on his record and his public cated weapons of mass destruction from good intelligence. statements, and on the confirmation would be found in Iraq, and there was We have discovered, since the time hearings before the Intelligence Com- nothing. preemption was discussed by this ad- mittee on which I serve, I do not be- It goes on and on. ministration, that the intelligence was lieve Mr. GOSS is the right person at David Kay, the CIA chief weapons just plain horrible on major points de- this moment in time for this vitally hunter, said the intelligence commu- livered in top secret briefings to Mem- important national security position. nity failed. bers of this Congress. Our intelligence Mr. GOSS has served as chairman of On the 9/11 issue, the intelligence community was just flat wrong. So we the House Intelligence Committee for community failed to connect the dots. all need to fix it. almost 8 years, the second longest ten- I am not talking here just about the There is no Republican or Demo- ure in that position in the almost 30 CIA; I am talking about the FBI. The cratic way to deal with intelligence. years since its creation. The chairman list goes on. We need to fix this system in the inter- of a congressional committee has con- When we are talking about 9/11, we ests of this country. Our safety depends siderable power in determining on also ought to talk about a report that on it. which issues the committee will focus,

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.075 S22PT1 S9508 CONGRESSIONAL RECORD — SENATE September 22, 2004 and the manner in which they will con- 2005 Intelligence Authorization Act, for an investigation as to how Mr. duct their oversight. I believe this Mr. GOSS led a party-line vote to reject Chalabi, discredited by the CIA, dis- oversight record is a reasonable meas- an amendment that would have re- credited by the State Department, be- ure of Mr. GOSS’s likely effectiveness quired the Department of Defense to came the darling and favorite of the in managing the intelligence commu- provide an accounting of the nature Department of Defense, peddled bad in- nity during this highly challenging and extent of its contacts with the formation to the United States and the transitional period. Iraqi exile leader, Ahmed Chalabi. American people, and may have be- Despite having served on the Aspin- Why is that significant? I hope that trayed us to Iran—when he was asked Brown-Rudman commission on the people who are following this debate to investigate this, he declined. He re- roles and capabilities of the U.S. intel- remember Ahmed Chalabi. He was the fused. You have to ask yourself: If Mr. ligence community in 1996, 8 years ago, self-proclaimed leader of an Iraqi na- GOSS was unable or unwilling to ask and cochairing, along with Senator BOB tional congress. He was the one you the most basic questions about Ahmed GRAHAM, a joint inquiry into the 9/11 couldn’t miss on talk shows before the Chalabi, how aggressive, how objective terrorist attacks, and serving on the invasion of Iraq. He was the one will he be as Director of the CIA? House Permanent Subcommittee on In- spreading the information far and wide That is not the only thing. One of the telligence for almost 10 years, Con- across America and around the world most important issues we have to keep gressman GOSS’s record demonstrates about the threats of Saddam Hussein. in mind is that the men and women of that he has been more a protector of He was the person who was the favored our intelligence community are dedi- the status quo than an agent of mean- and trusted ally of our Department of cated, patriotic, hard-working people ingful reform. Only a few months ago Defense when they made critical deci- committed to the security of our Na- did Congressman GOSS introduce, for sions about committing thousands of tion. Occasionally, there will be those the first time, legislation to reform the American soldiers and their lives to who will disappoint us, but that is true intelligence community. It should be the cause of Iraq. of virtually every institution in Amer- noted that on July 25, 2002, Mr. GOSS What do we know of Ahmed Chalabi? ica. But remembering their patriotism voted against the amendment of Con- We know that some 5 years ago, the and the fact that many of them put gressman Tim Roemer of Indiana on Central Intelligence Agency and the their lives on the line, there came a the House floor creating the inde- Department of State stopped dealing moment in time when columnist Rob- pendent National Commission on Ter- with Mr. Chalabi because they did not ert Novak outed the identity of a CIA rorist Attacks Upon the United States, believe he was credible. They didn’t agent, Valerie Plame. This is not only commonly known as the 9/11 Commis- trust his judgment. They wouldn’t disgraceful, it is dangerous. It meant bring him into the councils to make sion. That is an incredible fact that that her life and her career were in important decisions. must be taken into consideration. danger. It sent ripples through the in- But Department of Defense Under The man who is seeking to be head of telligence community of men and Secretary Rumsfeld and his special as- the Central Intelligence Agency, at sistant, Mr. Douglas Feith, thought women in similar positions wondering this moment, when significant reform Chalabi was just what the doctor or- who would step forward in Washington is about to take place, voted against dered. He was there to confirm the to stand up for the integrity of our the creation of the 9/11 Commission, fears that they spread across America agents in the intelligence community. which has inspired both parties and the about Saddam Hussein. He was there to Mr. GOSS was then chairman of the President to our current state. confirm the presence of weapons of House Select Committee on Intel- This 9/11 Commission Report is the mass destruction, which became the ligence. He was asked in October 2003 foundation upon which current intel- clarion call of this administration, whether he would investigate the pur- ligence reform efforts are being under- drawing us into an invasion of Iraq. He poseful identification of covert CIA taken. I met personally with Congress- was the one constantly suggesting that agent Valerie Plame. Mr. GOSS re- man GOSS because I do respect him, there was a connection between the 9/11 sponded, ‘‘If somebody sends me a blue and I wanted to hear his explanation. terrorism in the United States and dress and some DNA, I’ll have an inves- How can he ask to be head of the CIA, Saddam Hussein. tigation.’’ when he voted against the creation of What happened to Ahmed Chalabi? Mr. GOSS apologized publicly and pri- the 9/11 Commission? Those who follow news know what hap- vately for that statement, but the fact His argument was not convincing. He pened. He went to Iraq, became a some- remains that he was loathe to chal- argued it was a matter of timing; that what controversial figure in the provi- lenge any intelligence-related decision while he was undertaking a joint in- sional government, returned to the of this administration. quiry about 9/11, the creation of a sepa- United States, and was treated by some That is not at all reassuring when we rate commission might, in fact, lead to in the administration as a conquering consider the well-documented intel- the executive branch stalling informa- hero. ligence failures leading up to 9/11 and tion or refusing to cooperate. That was In fact, at one moment in time, to prior to the invasion of Iraq. hardly a satisfying answer. the embarrassment, I am sure, of ev- This is not a routine appointment. In addition, it appears that as chair- eryone involved today, Ahmed Chalabi This is not a routine position. Intel- man of the House Intelligence Over- was positioned behind the First Lady ligence is the first line of defense in sight Committee, Congressman GOSS at one of President Bush’s State of the our war against terrorism. It is the has been reluctant to conduct aggres- Union Addresses so that he would be on first line of defense for the American sive oversight of Intelligence Com- camera, showcased before the Amer- people and our national security. Hav- mittee issues, particularly when they ican people. ing the best intelligence network and appear to deal with issues that may be Fast forward just a few months. the best intelligence agency will be embarrassing to the current adminis- Ahmed Chalabi has now been the sub- critical if we want our children to live tration. For example, although the ject of extensive searches by the Amer- in peace and safety. That is why it is so Senate Intelligence Committee com- ican Government because of our sus- essential that we bring a person to this pleted the first phase of its inquiry picion that he has not only misled us job who understands what we have into the intelligence community’s per- about information on Iraq but has had lived through during the past 4 years. formance regarding prewar intelligence some connection with Iran of an en- Lengthy reports by the 9/11 Commis- related to Iraq, and issued a public re- tirely dubious nature. Ahmed Chalabi sion, as well as the Joint Intelligence port, the House Intelligence Com- is persona non grata in this country. Committee’s inquiry, have come to the mittee, under Mr. GOSS’s leadership, We are no longer sending him some conclusion that our intelligence agen- has yet to complete a similar thorough $350,000 to $360,000 a month to subsidize cy failed us before the 9/11 attack. We investigation, despite starting it last his lifestyle. He virtually has been ban- know now that they should have gath- year. ished from his role as prime adviser to ered more information, shared more in- As another example, in June of this the United States. formation, drawn obvious conclusions, year during the House Intelligence When Mr. GOSS was confronted with and done something proactive to pro- Committee’s markup of the fiscal year this and asked by his own committee tect America. They did not and 3,000

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.079 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9509 innocent Americans died in Pennsyl- ‘‘The record is the record.’’ I don’t and using fabricated intelligence to vania, Virginia, and New York. know what that means. I have never draw us into the war in Iraq. Similarly, there came a point in time before heard it from another witness I have repeatedly questioned why the when we had to make a critical deci- nor nominee. But it basically told the President has waited more than 3 years sion in America whether to launch a Intelligence Committee he wasn’t since September 11 to begin a serious preemptive attack against Saddam about to discuss the issue with us. discussion of restructuring, reori- Hussein in Iraq, the first such preemp- I am sorry. I think Mr. GOSS should enting, and reforming our intelligence tive attack in our history. We were have been open and candid and told us capabilities. told it was essential that we do so. We exactly what he meant, and if he made I am here today to support the nomi- were told by the President, the Vice a mistake to concede that point. It nation of PORTER GOSS precisely be- President, the Secretary of State, the would have put him in a much better cause of these concerns. From my per- Secretary of Defense, the head of the position to be a credible agent for non- sonal experience, I can tell you that CIA, and virtually every spokesman of partisan leadership and for change as PORTER GOSS is the right man for this the Government that it was essential Director of the CIA. job. He is uniquely qualified to serve as we attack Saddam Hussein because he Because I have serious doubts about America’s Director of Central Intel- had arsenals of weapons of mass de- Mr. GOSS’s commitment to reform, his ligence. He is a man of great character, struction which could be used against ability to be independent and non- exceptional intelligence, a tremendous the Middle East, other countries in the partisan, I do not believe he is the work ethic, and outstanding personal region and the United States, that he right person to be serving at the helm and professional integrity. was developing nuclear weapons that of the intelligence community during Let me share a story. would be a danger to the world, that he this extraordinarily challenging time As Governor of Florida, I had known possessed unmanned aerial vehicles and I will oppose his nomination. of PORTER GOSS as he served as a dis- that could even strike the United I concede the outcome of the vote on tinguished mayor of the town of States, that he was linked with the al- this nomination. I assume he will be Sanibel Island, FL. In the early 1980s, Qaida attacks of 9/11, and the list goes comfortably confirmed by the Senate. the county in which Sanibel is located, on and on. Today, a year and a half I sincerely hope Mr. GOSS will take Lee County, FL, was in the midst of after the invasion, we have found that my comments and the comments of probably the largest public works intelligence information was wrong, those who vote against him as a chal- project in the history of that county, a just plain wrong. lenge to him in his new role at the CIA. major new airport which is now known Think of it. Depending on the intel- I hope he proves me wrong. I hope that as the Southwestern Florida Inter- ligence community as our first line of I stand before this Chamber in the fu- national Airport. defense, it failed. It failed to alert us of ture and say he was nonpartisan, he In the midst of that, three of the five the danger of 9/11, it failed to accu- was committed to reform, he was pre- members of the county commission rately assess the state of one nation, pared to tell this administration and were indicted for corruption, largely Iraq, before we launched an invasion any administration he served the relating to activities involving the which has cost us over 1,000 American truth, even if it was politically painful. construction of the airport. The county soldiers’ lives, over 7,000 seriously I hope that day will come. government was in disarray. Public wounded, and literally billions of dol- I yield the floor. confidence in the county government lars. The PRESIDING OFFICER. The Sen- had sunk to a new low, and this major, Can the intelligence community con- ator from Florida. critically important project to the fu- tinue with business as usual? No. If Mr. GRAHAM of Florida. Mr. Presi- ture of the citizens of southwest Flor- there was ever a time in our history dent, I have listened with interest to ida had come into question. It was my when we needed someone clearly non- the comments of my good friend from responsibility as Governor of Florida partisan, someone who would stand up Illinois, as I did earlier today by my to first suspend from office those indi- to a President of either political party friend from West Virginia. I respect viduals who had been indicted, and and tell them the sober, cold truth, their analysis of this nomination. I then to look for three citizens of Lee even if it wasn’t popular, if there was hope they respect my disagreement County who could assume the impor- ever a time that we needed a Director with that analysis. tant responsibility of restoring the in- of the CIA determined to reform that I rise today to support the nomina- tegrity of county government and com- agency and the other intelligence agen- tion of a friend, a man with whom I pleting the important airport project. cies under his supervision, that time is have worked for over 25 years, a fellow Although I am a Democrat, and had today. This is not a routine nomina- Floridian whose judgment and integ- just been reelected as a Democrat, and tion. This is a nomination as impor- rity I highly regard. PORTER is a Republican, it was my feel- tant as any to be considered by the I support the confirmation of PORTER ing that his personal characteristics Senate. GOSS as the next Director of the CIA. I were more important than his party I will not go into the lengthy par- have known Congressman GOSS and his label, and so I appointed him to one of tisan statements made by Mr. GOSS so wonderful family for more than two those three positions. And from that many times in the past where he has decades. I commend them for their appointment, he quickly became the taken to task my political party, mem- willingness to delay the well-earned re- chair of the Lee County commission. bers of it, suggesting that we were tirement which they thought would lie Party affiliation did not matter then. weak on defense, weak on intelligence. before them at the end of this session I do not believe party affiliation should In fact, he was drawn into this Presi- of Congress to take on this very dif- matter today in determining who dential campaign in a role now which ficult and important responsibility. should be the next Director of our Cen- he has neither explained nor given us My colleagues know that I have been tral Intelligence operation. What much to work with. extremely critical of this administra- mattered then was the fact that POR- When we went to Mr. GOSS and said, tion for, among other things, its failure TER, with his clear commitment to You have criticized Senator KERRY and to hold anyone accountable for the in- public service, his integrity and his Democrats for intelligence spending telligence failures that allowed terror- leadership skills, at a time when his but back in 1995 you were the cosponsor ists to strike our Nation on September community desperately needed all of of a budget proposal that would have 11, 2001, and for the failure that led us them, was able to recapture the con- had a minimum 20-percent cut in our into the war in Iraq. fidence of the people, was able to re- intelligence community personnel, he I have been extremely critical of the start this important airport project, wouldn’t answer the question. When President and the Vice President for which now is one of the most impor- confronted by Senator ROCKEFELLER allowing America to be distracted from tant economic assets of the commu- with his obvious contradiction between the real war against terror in Afghani- nity. his accusations and his actions, Mr. stan and to call upon us to retreat When it comes to the intelligence GOSS refused to acknowledge the obvi- from that real war against the real ter- community, Congressman GOSS has the ous. The best he could tell us was, rorists who had killed 3,000 Americans balanced perspective of having been

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.082 S22PT1 S9510 CONGRESSIONAL RECORD — SENATE September 22, 2004 both an insider and an outsider. For a as DCI he will need to be non-partisan reviewing Congressman GOSS’s record, decade early in his career, he served and objective if he is to provide the I am not convinced that he would be the Nation both in Army Intelligence President with independent judgments that kind of DCI. For example, the and the CIA. He knows from personal, about the intelligence he provides, and Washington Post reported that in 2002, firsthand experience the value and the during his nomination hearings, he when asked about intelligence failures risks of clandestine operations. made a commitment to do just that. in Iraq, Congressman GOSS said ‘‘I Since he has been in Congress—elect- We must hold him to his commitment. don’t like to see the left-wingers splat- ed in 1988—and especially as a member Many of my colleagues have come to tering mud on an agency that’s done of the House Permanent Select Com- the floor today to speak of PORTER some very fine work.’’ The Senate In- mittee on Intelligence, he has come to GOSS’s integrity and his strong quali- telligence Committee produced a unan- know the agencies from an oversight fications. He will no doubt be con- imous 500-page report on the massive capacity. firmed and will take on one of the most CIA failures leading up to the Iraq war. Now, some have said he is too close critical jobs in our government at a I would not characterize the committee to the intelligence agencies, that he is time of uncertainty about how his very as ‘‘a bunch of left wingers.’’ We need too protective of the status quo. But job will be structured. The 9/11 Com- someone who is committed to inde- from my partnership with him as co- mission has made a compelling case for pendence and reform, not an ideology. chairmen of the congressional joint in- making major changes to the organiza- During his nomination hearing, Con- quiry into the events of September 11, tion of our intelligence community. gressman GOSS was very reluctant to it is my firm belief, and my assurance The new threats which confront us re- admit there had been intelligence fail- to my colleagues, that PORTER GOSS quire a more cohesive intelligence ef- ures on the part of the intelligence can and will be independent in his judg- fort that emphasizes shared intel- community during the most recent ments. PORTER GOSS will also be clear ligence over turf battles. To meet this Iraq War. And, when asked questions and tough minded in determining challenge, we need a leader at the helm about some of his partisan comments, where there are needed reforms and of the intelligence community who em- Congressman GOSS answered many of leading us to those reforms. braces the spirit of reform—even if not them by simply saying ‘‘the record is If any of my colleagues or citizens of all the specifics of the 9/11 Commission the record.’’ Whatever that means, it is this great Nation wish to have an indi- recommendations—and who is willing not an acceptable answer from a nomi- cation of where those reforms are like- to implement the reforms that all nee for Director of Central Intel- ly to take us, I would direct you to the agree are sorely needed. I have no ligence. 19 reforms recommended by that con- doubt that PORTER GOSS is capable of I will vote against Congressman gressional joint inquiry, upon which managing the changes that need to GOSS. I hope that, if confirmed, he will our Presiding Officer participated with take place and I am hopeful that he prove me wrong. great distinction. will dedicate himself to these efforts. Mr. DODD. Mr. President, I rise As we move to implement much- Mr. LEVIN. Mr. President, the most today to speak about the nomination needed reforms in our intelligence important quality I am looking for in a of PORTER GOSS to be the Director of community, I am confident PORTER Director of Central Intelligence is the Central Intelligence Agency, CIA. GOSS will not be part of the problem someone who can be relied upon to pro- Yesterday the Senate Intelligence but will be a leader in taking us toward vide objective intelligence assessments Committee voted 12-to-4 to send Rep- principled and effective solutions independent of the policy and political resentative GOSS’ nomination to the which will make Americans safer. agenda of the White House. Too often Senate floor. I welcome the oppor- This time the President got it right. we haven’t had that. tunity to say a few words about this I strongly urge the confirmation of his The massive intelligence failures be- important nomination and about the nominee to be the Director of Central fore the Iraq war were, to a significant state of our Nation’s intelligence com- Intelligence, PORTER GOSS. degree, the result of the CIA shaping munity. Mr. KOHL. Mr. President, I intend to intelligence to support administration As my colleagues know, in 1947, vote today to confirm the nomination policy. The CIA’s errors were all in one President Harry Truman signed legisla- of Representative PORTER GOSS to be direction, making the Iraqi threat tion which provided for the establish- the Director of Central Intelligence. I clearer, sharper and more imminent, ment of the CIA. This important agen- recognize the deep experience that thereby promoting the administra- cy supports the President, the National Representative GOSS brings to this po- tion’s decision to remove Saddam Hus- Security Council, and American offi- sition as the recent Chairman of the sein from power. Nuances, qualifica- cials who play a role in shaping or exe- House Permanent Select Committee on tions and caveats were dropped; a cuting the national security policy of Intelligence, and as a former CIA offi- ‘‘slam-dunk’’ was the assessment. The the United States. The CIA engages in cer and Army intelligence officer. I CIA was saying to the administration, research and analysis of information, also understand the unique role the to the Congress, and to the American as well as a host of other activities re- DCI plays in providing the President people what it thought the administra- lated to foreign intelligence and na- with intelligence and advising him on tion wanted to hear. tional security. intelligence matters. Thus, I believe The problem of intelligence being However, as every American knows that on balance Mr. GOSS’s qualifica- manipulated and politicized is not new. all too well, times have changed since tions are sufficient to confirm the Forty years ago, Secretary of Defense 1947. We are now engaged in new bat- President’s choice for this position. McNamara used classified communica- tles. We are facing new threats. The However, I want to express concerns tions intercepts, later proved to be Soviet Union is no longer our arch about PORTER GOSS and the very par- very dubious, to push for passage of the enemy. Instead we face an enemy that tisan way in which he has conducted Gulf of Tonkin resolution, which was is dispersed throughout the world in himself. His statements then used by President Johnson as the small cells—sometimes connected, mischaracterizing Democratic presi- legislative foundation to expand the sometimes acting independently. The dential nominee Senator JOHN KERRY’s war in Vietnam. new threat—terrorism—is an asymmet- positions on intelligence and accusing Intelligence was manipulated by rical one. Congressional Democrats of being weak then-DCI William Casey during the Nonetheless, we must remember that on intelligence are not the sort of rhet- Iran Contra period. The bipartisan terrorism alone is not our enemy. It is oric we want associated with the leader Iran-Contra report cited evidence that a tactic used by our enemies. There- of our intelligence community. As Director Casey ‘‘misrepresented or se- fore, our task is twofold. First, we former Secretary of State Henry Kis- lectively used available intelligence to must defeat soundly those who would singer testified in the Appropriations support the policy he was promoting.’’ attack our country and endanger the Committee yesterday, the ideal leader We need a different kind of DCI, one security of Americans. But secondly, for our Nation’s intelligence commu- who is not going to be influenced by we must also defeat the murderous ide- nity should be as non-partisan as pos- the policy choices or politics of what- ology of terrorism. That is because ter- sible. Mr. GOSS has acknowledged that ever administration is in power. After rorism is the enemy of all humankind.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.085 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9511 It knows no faces, names, or nationali- that agency. He will have to have after Mr. Clarke’s testimony to the 9/11 ties. And I am confident that a strong credibility within the institution of the Commission became so embarrassing America, which is respected by our CIA if he is to be successful. Institu- to the White House. friends and allies, can defeat this tions resist change. Based upon Mr. He did not support an inquiry into scourge. GOSS’ weak oversight of the agency, I Ahmad Chalabi, even after allegations Indeed, one thing we can all agree am not confident that he has the that Chalabi had leaked American se- upon in this body is that a strong and wherewithal to overcome the resist- crets to Iran, because the Chalabi af- capable intelligence effort has never ance he will confront to the funda- fair was embarrassing to White House been more important to the security of mental reforms being contemplated. and the Pentagon. our Nation. That brings me to the Actions always speak louder than Mr. GOSS waited until June of this nomination before us today. At the words. Unfortunately, we don’t know year to introduce legislation to reform best of times the job of Director of Cen- what Mr. GOSS’s actions will be as di- our intelligence community a full 18 tral Intelligence is a difficult one. And rector, but we do know what his ac- months after the initial joint congres- we all know that these are not the best tions have been as chairman of the sional inquiry that he helped lead un- of times. Our intelligence infrastruc- House Intelligence Committee. In my covered massive structural problems ture failed this Nation when we needed opinion, to confirm Mr. GOSS with such the resulted in the intelligence failures it most. uncertainty about his ability to get the before 9/11. That is not leadership. That There are two important traits that job done would be irresponsible. is not vision. the next Director of the CIA needs to This position is too critical to leave In his confirmation hearing, when possess in order to be successful in re- to chance. The agency is currently asked repeatedly about his partisan storing the effectiveness of our intel- being led by a very able career intel- statements and actions, he offered no ligence capabilities. ligence director. He is already working explanation. He repeatedly offered the First, it is of the utmost importance with the committees of Congress to de- same unsatisfactory response: ‘‘the that the Director of the CIA be non- vise a plan to restore the effectiveness record is the record.’’ If the record is the record for Mr. partisan. The safety of the American and credibility of the US intelligence GOSS, then it is a record that puts poli- people is not a matter of political par- community. In the immediate future, tics above the national interest. If the ties. National security is an issue that he will continue to do so. record is the record, then it is one that must unite us in a common cause. To For those reasons, I will oppose this places partisan gain ahead of the facts. that end, I share the deep concerns of nomination when the Senate votes If the record is the record, then Mr. several of my colleagues that some of today. GOSS is the wrong person to serve as Representative GOSS’s comments dur- Mr. KENNEDY. Mr. President, I in- our Nation’s Director of Central Intel- ing his tenure as chairman of the tend to vote against the nomination of ligence. House Intelligence Committee were PORTER GOSS to serve as Director of Mr. GOSS cannot, even now, cite a overly partisan and blindly supportive Central Intelligence. single instance in which public state- of the Bush administration. The American people have learned ments of Bush administration policy- Moreover it is critical to recognize much since 9/11 about the vital role of makers mischaracterized the available that he chose to become involved in objective, nonpolitical intelligence in intelligence prior to the Iraq war. If he the political process. That decision was keeping us safe at home and in pro- can’t speak the plain truth about such not forced on him. He chose it freely. tecting American interests abroad. We an obvious fact, how can the American And I believe that it has undermined also have witnessed the disastrous con- people have any confidence in him as his ability to be a nonpartisan Director sequences of the administration’s ma- the head of our intelligence commu- of Central Intelligence, DCI. There is nipulation of intelligence in its rush to nity? no question that intelligence has been war in Iraq—disastrous for our brave The challenges of 9/11 and the admin- politicized in this administration. I troops on the ground, for their fami- istration’s misuse of intelligence in know it. The American people know it. lies, for our country, and for our stand- rushing to war in Iraq demand that any And the civil servants who work at the ing in the world. reforms to our intelligence community CIA know it. To rush to confirm an in- When it comes to intelligence, this is be rooted firmly in the principle that dividual who has played a role in po- no time for politics. As we reorganize intelligence must be completely insu- liticizing intelligence is extremely un- and strengthen our intelligence struc- lated from partisan politics and ide- wise and only serves to further demor- tures, we need a leader of the CIA ology. The confirmation of PORTER alize the individuals who are working whose only loyalty is speaking truth to GOSS as Director of Central Intel- so hard to protect our national secu- power. ligence violates that principle in the rity. We need an unbiased advisor to the most fundamental sense. Second, he or she must have the President, not a partisan—someone We owe it to our fellow citizens to do knowledge and experience necessary to who will deliver the good news and the better. I oppose the nomination of POR- lead some of our most critical intel- bad with candor, foresight, and author- TER GOSS. ligence efforts. We cannot ignore the ity. With PORTER GOSS, however, we Mrs. BOXER. Mr. President, I will fact that the most egregious lapses in get not only a partisan, but a cheer- vote for the nomination of PORTER history by our Nation’s intelligence leader for the Bush campaign. GOSS to be Director of the Central In- community happened while Mr. GOSS What is most disturbing about the telligence Agency. was chairman of the House Intelligence PORTER GOSS nomination is that he has I served with PORTER GOSS during my Committee—the committee responsible offered no explanation for his partisan time in the House of Representatives. for ensuring that US intelligence agen- behavior as chairman of the House Per- He is a good, intelligent man with a cies function effectively. If he failed in manent Select Committee on Intel- tremendous work ethic. He has served his oversight responsibilities, as I be- ligence. his country honorably in the Army, as lieve he has, how then can we have any He has made partisan attacks on a CIA officer, and as a congressman confidence that he is capable of accom- JOHN KERRY for cutting intelligence from Florida. plishing an even more difficult task— budgets, when Mr. GOSS himself voted 7 He is the President’s choice and I am the fundamental reform of the entire out of 10 years to scale back intel- willing to give the benefit of the doubt. intelligence apparatus? I do not believe ligence appropriations. However, the two days of nomination that we can. He was initially unwilling to pursue hearings held by the Senate Select We all know that the 9/11 Commis- the administration’s vengeful leak of Committee on Intelligence highlighted sion has recommended a major over- the name of CIA agent Valerie Plame several areas of concern, and my vote haul of our intelligence operations. to the press, which ended her career as today should not be seen as support for Much of that will have to be done at a covert CIA officer and endangered her Congressman GOSS to become the Na- the CIA. It is going to take an indi- life. tional Intelligence Director. vidual with very strong management He rushed to discredit former Mr. BIDEN. Mr. President, Congress- skills to carry out the restructuring of counterterrorism czar Richard Clarke man PORTER GOSS will become Director

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.087 S22PT1 S9512 CONGRESSIONAL RECORD — SENATE September 22, 2004 of Central Intelligence at a difficult ancing those needs is a continuing demonstrated the enormous challenges and important time for the U.S. Intel- challenge, especially as the funds for we face in restructuring, reforming and ligence Community. In the coming intelligence will often compete against improving our intelligence capabilities. months, he must help both Congress other defense priorities. At this critical moment, we should be and the administration to take sensible We need intelligence collectors and focusing our efforts on enacting into steps on intelligence reform. In the analysts with a wider range of lin- law the recommendations of the com- years to come, if he remains in office, guistic and cultural skills than ever be- mission, including the creation of the Mr. GOSS must lead our intelligence fore. Once we fought a communist position of National Intelligence Direc- agencies into a new era of flexibility, enemy that was worldwide, but cen- tor. The confirmation of a new Direc- skill, and inter-agency cooperation. trally directed. Now we must vanquish tor of Central Intelligence, when the I will vote in favor of confirming Mr. the twin perils of radical Islamic ter- role of the DCI has yet to even be de- GOSS to this position, although not rorism and the proliferation of weapons fined, does not advance the hard reform without some misgivings. I will sup- of mass destruction, both of which are work yet to be done. Nor does the ap- port his confirmation in part because I nearly world-wide, but no longer con- pointment of PORTER GOSS, whose ob- know him to be a gentleman and a man trolled by a central, well-defined jectivity, capacity to work across with a deep and sincere interest in in- enemy. party lines, and openness to reform are telligence, as well as substantial back- And we need technical intelligence subject to serious question. ground in the field. I will support him collection systems that are ever more The National Intelligence Director because many others who know him powerful, that provide more real-time envisioned by the 9/11 Commission will well, including our colleagues from information, and that will be effective oversee our intelligence community, Florida and others whose views I re- in a world where technology often fa- including the DCI. It is critical that we spect, have contacted me and testified vors secrecy over transparency. clarify, in law, the relationship be- to his integrity and capabilities. We need seamless sharing of very tween these two positions. Unfortu- And I will support Mr. GOSS because sensitive intelligence information—be- nately, the administration, by the President wants him. A CIA Direc- tween agencies, between countries, and prioritizing the nomination of the DCI tor cannot succeed unless the Presi- between Washington and the State and over the restructuring of our intel- dent likes and respects him enough to local forces that guard us from ter- ligence community, seems to be sig- take seriously the facts and warnings rorism on a daily basis. ‘‘Stovepipes’’ naling an attachment to the status the Director conveys to him. The and ‘‘rice bowls’’ are outmoded and in quo. Congressman GOSS’s record, in which President must be willing to accept ad- need of a real make-over to meet the he has repeatedly rejected independent vice when the Director says that some- needs of the 21st century. efforts to improve our intelligence thing is not ‘‘a slam dunk,’’ and I hope At the same time, however, we need whenever those efforts were perceived strong protections for our civil lib- that this President will be willing to to be contrary to the interests of the erties, which are the very foundation of accept such advice from this nominee. Bush administration, is also cause for As a matter of general policy, how- our society. When the most recogniz- concern. He opposed the establishment ever, I have real concerns about ap- able member of this Senate is denied of the 9/11 Commission, he attacked the pointing a partisan politician to such an airline ticket in his home town be- integrity of Richard Clarke, the former sensitive positions as Director of Cen- cause his name shows up on some Gov- coordinator for counter-terrorism at tral Intelligence or Director of the FBI. ernment list, we know that the intel- the National Security Council, he op- In 1976, I voted against George H. W. ligence feeding into our homeland se- posed an investigation into the disclo- Bush as Director of Central Intel- curity programs leaves a lot to be de- sure of the identity of a CIA operative, ligence for precisely that reason. I sug- sired. and he referred to the bipartisan Sen- That is quite a menu of challenges, gested: ‘‘The chances for forceful integ- ate investigation into the abuse of rity will be infinitely greater if the Di- and they must all be addressed. There Iraqi detainees as a ‘‘circus.’’ rector of Central Intelligence is a high- is no ‘‘pick one from column A’’ option Congressman GOSS has also opposed ly respected nonpolitical figure.’’ in heading U.S. intelligence. investigations into intelligence on The need for a DCI to transcend par- In addition to all that, the Director Iraq, in particular the use of intel- tisan politics is crystal clear. He is the must be willing and able to ‘‘speak ligence by the administration. He dis- person who must be able to tell the truth to power.’’ He must have the missed Senators who called for an ex- President that the world is not as the stature and Presidential trust that amination of the circumstances that President might wish it, that a cher- leads top officials to accept his warn- led us to war as ‘‘attack dogs’’ and ished policy proposal will not work, or ings and advice. And he must be an charged that they were expressing ‘‘ar- that some unforeseen development able defender of the independence of in- tificial outrage.’’ He has also implied poses a threat to our national security. telligence analysis, while still insuring that open discussions of the challenges As we remove the walls between do- that it is relevant to the needs and facing our intelligence damage the mo- mestic and foreign intelligence, more- concerns of policy-makers. rale of our armed forces and aid our en- over, the DCI—like the FBI Director— I will support the confirmation of Mr. emies. These are not the statements of will be handling and presenting sen- GOSS in the hope that he will transi- someone who appears prepared to un- sitive information on American citi- tion successfully from a serious con- dertake the difficult work of reform, zens. gressman and a leading partisan figure without regard to political consider- The next DCI will preside, moreover, to a clear-eyed, independent Director ations. over great and perhaps wrenching tran- of Central Intelligence who is able to This reform will require cooperation sition in U.S. intelligence. The report rally his troops, to make them as effec- between the administration and the of the 9/11 Commission highlighted a tive as possible, and to keep policy- Congress and between Republicans and series of long-standing shortfalls in our makers from misusing or ignoring the Democrats. Unfortunately, Congress- intelligence agencies. Although the work of the thousands of skilled and man GOSS has made repeated, incen- particulars regarding the fight against patriotic men and women who work in diary charges, including allegations al-Qaida may have been new, the chal- U.S. intelligence today. The perilous that the Democratic Party does not lenges facing U.S. intelligence are ones times in which we live demand nothing support the intelligence community that go back many years: less than complete dedication to those and that Senator KERRY seeks to ‘‘dis- We need to provide instant and accu- objectives. mantle the nation’s intelligence capa- rate intelligence to our military forces, Mr. CORZINE. Mr. President, after bilities.’’ These charges are not only and this drives much of our intel- much deliberation, I have decided to flat wrong, they are completely coun- ligence collection and analysis today. vote against the confirmation of POR- terproductive to the bipartisan effort At the same time, however, we need to TER GOSS to be Director of Central In- that is urgently needed at this mo- provide a wide range of so-called ‘‘na- telligence. The conclusions of the 9/11 ment. tional’’ intelligence to the rest of the Commission, as well as the failures of Repairing our intelligence capabili- national security community. Bal- our pre-war intelligence on Iraq, have ties is critical to fighting the war on

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.099 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9513 terrorism and is an urgent priority. We Select Committee on Intelligence. In The CIA is in turmoil. The hard- must enact into law the recommenda- that position he has worked fairly with working men and women of the Agency tions of the 9/11 Commission. We must both parties and both bodies of Con- need a strong leader who will reform examine the failures of our intelligence gress without compromising his beliefs. the system to make sure that the in- related to Iraq. We must begin the I am confident he will continue to formation they offer is used in a proper work of restructuring our intelligence work honestly and fairly with Rep- and timely fashion. The people of this community so that it is more effective resentatives and Senators of both par- country need to know that the U.S. in- and less politicized. These challenges ties in his new job. telligence community is doing its best require the utmost objectivity, inde- Representative GOSS’s practical and to protect and serve U.S. national in- pendence, and nonpartisanship from political experience will also pay divi- terests. the Director of Central Intelligence. dends as the entire intelligence com- I do not believe that Mr. GOSS is the Any reluctance on the part of the DCI munity is reformed in the coming best candidate to lead the intelligence to fully engage in the reform process, weeks and months. He has proven his community through a difficult task of for whatever reason, could set us back openmindedness in constantly seeking reform and restoring confidence in the at a moment when we can least afford to improve our intelligence capabilities midst of a war. it. and structures during his tenure in It is important that our intelligence Mr. BUNNING. Mr. President, I speak Congress. He has held dozens of hear- not be partisan, yet Mr. GOSS has been today in support of the nomination of ings on problems in the intelligence partisan in his comments over the past Representative PORTER J. GOSS to the community and how to fix them. He year. He has been fiercely critical of Director of Central Intelligence. He is was a member of the Aspin-Brown former President Clinton, our col- a good man and a good friend. Presi- Commission, which took a deep look at league Senator KERRY, and the Demo- dent Bush could not have selected a our intelligence community and pro- cratic Party. His comments do not lead more capable and qualified man for the vided some of the recommendations me to believe that he will now abandon job. He brings to the Central Intel- that we are currently reviewing. He his partisanship or his political ap- ligence Agency and the intelligence also cochaired the bicameral investiga- proach as the Director of CIA. community what they have needed for tion on intelligence issues surrounding No greater task lies before us today years—intelligence experience, polit- the 9/11 terrorist attacks. His open than to reform the intelligence com- ical experience, an open mind, and for- mind and willingness to think criti- munity so that it is effective as the ward thinking. cally about the status quo will serve us leading weapon in the war on ter- I first met Representative GOSS all well. rorism. Mr. GOSS certainly knows the shortly after he was elected to the I have seen firsthand his dedication, CIA and the intelligence community, House of Representatives in 1988. We integrity, and character, and I support but in these times, experience is simply served together for 10 years before I Representative GOSS’s nomination not enough. A leader committed to re- was elected to this body. Representa- without reservation. I wish him well in form without regard to politics is also tive GOSS and his wife, Mariel, are per- that extremely important job and I critical. Those attributes, I fear, Mr. sonal friends of my wife and myself to look forward to seeing him in briefings GOSS does not have, and therefore I op- this day. I know his personal character and hearings in the coming months. pose his nomination. and I am confident he will bring integ- Mr. REED. Mr. President, I rise to Mr. MCCAIN. Mr. President, I rise to rity, honesty, and forthrightness to his discuss the nomination of PORTER GOSS express my support for the swift con- new job. to be Director of Central Intelligence. I firmation of Congressman PORTER The Director of Central Intelligence served with PORTER GOSS in the House GOSS as Director of Central Intel- holds one of the most important and of Representatives and I respect him. ligence. I have been privileged to know unforgiving jobs in our Government. However, I do not believe he is the best Mr. GOSS for a number of years, and I All his actions and decisions are ana- choice for the position in these times. can attest that he is a leader, a man of lyzed and criticized by politicians, the On September 11, 2001, our country personal intelligence and integrity, and press, and the public. And the pressures suffered a devastating attack. Now our a true patriot. He is also extremely on the intelligence community are im- country is in the midst of a war on ter- well qualified for the position to which mense. They must be right 100 percent ror and a war in Iraq. There have been he has been nominated. of the time, while the terrorists only many examinations of our intelligence I do not believe I am divulging any have to be right once. That is a heavy leading up to September 11, leading up state secrets when I mention that POR- burden for one man to bear, but I be- to the war in Iraq, and as we continue TER GOSS knows the intelligence com- lieve Representative GOSS is up to the to wage the war on terror. There are munity from the ground up—beginning challenge. many unanswered questions about with his service as a young case officer I cannot think of anyone with more whether the intelligence was accurate, and most recently as chairman of the experience for this job. Representative whether it was manipulated, whether House Intelligence Committee. His 10- GOSS has extensive experience in intel- our soldiers and leaders can rely on it year career with the Central Intel- ligence, on both the practical and pol- each and every day as they make dif- ligence Agency gave him a thorough icy sides. He knows firsthand the im- ficult decisions. understanding of how that large orga- portance of human intelligence, serv- I recognize that members of the nization operates—invaluable back- ing as an intelligence officer in the President’s Cabinet, like the Secretary ground as the Congress and the execu- Army and as a case officer in the agen- of Defense and the Secretary of State, tive branch proceed with various plans cy he will now lead. At that time the must weigh political considerations as for reorganizing the intelligence com- United States was promoting freedom they develop policy. However, the Di- munity. His experience on the CIA and fighting the evil of communism. rector of Central Intelligence is a staff, combined with his oversight re- Though the evil we now face takes a unique position. It should stand above sponsibilities in the House, makes him different form, the value of informa- politics. The citizens of the United perhaps uniquely qualified to under- tion and power of knowledge remain States have the right to assume that stand the challenges and opportunities the same. the Director of Central Intelligence is facing the community today. Congress- We are in the midst of a review and providing objective information and man GOSS has demonstrated time and reform of our intelligence organiza- analysis to allow the President to again his commitment to the needs and tions, and, going forward, one of the make the best possible decisions. goals of the intelligence community in most important jobs for the Director of When Director Tenet resigned, the its service to our Nation and the Amer- Central Intelligence will be working President had an opportunity to ap- ican people. He is not merely qualified. with Congress. Again, Representative point a nominee who was nonpartisan, He was meant for this position. GOSS’s experiences will be an asset to nonpolitical. He did not do so. Instead When he takes up his duties, he will the intelligence community and the he chose Mr. GOSS, who clearly knows do so at a time of great change in the Congress. For the last 8 years he has the intelligence community well, but is intelligence community. Reeling from been chairman of the House Permanent also clearly partisan and political. the intelligence failures of 9/11 and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.100 S22PT1 S9514 CONGRESSIONAL RECORD — SENATE September 22, 2004 Iraq, and faced with comprehensive re- strongly support the nomination of When I went from the House to the organization, the community’s leader- PORTER GOSS. Senate in 1994, I took the place of Sen- ship has rarely been so important. I am The PRESIDING OFFICER. The Sen- ator David Boren, who is now the presi- confident that Mr. GOSS will lead the ator from Kansas. dent of Oklahoma University. He is a CIA in an independent and nonpolitical Mr. ROBERTS. Mr. President, we very close friend of mine. He was my manner as he has committed to do, en- have two speakers. I inform the distin- predecessor in this Senate seat. He was suring that policymakers receive the guished leader, the minority whip, a also chairman of the Senate Select best intelligence and analysis that our man from Searchlight, that we have Committee on Intelligence. The thing government can provide. I am also con- two speakers. he warned me of when I first came in fident that he will be helpful as the If I could ask Senator SNOWE how was: You are going to have to do some- Congress reorganizes itself in order to much time she would like to have. thing about this mess we have in intel- better conduct oversight over the intel- Ms. SNOWE. About 12 minutes. And I ligence. He said: You have the DIA and ligence community. We in the Congress would like to yield 2 minutes to the the CIA and the FBI and the NSA, and sometimes forget that intelligence fail- Senator from Oklahoma. nobody is talking to each other. ures the Nation has experienced are Mr. ROBERTS. All right. So a total I found out before too long that was not limited to the agencies alone. Con- of what, 15 or 20 minutes? the case. He said he had been working gressional oversight has been, as the Ms. SNOWE. Yes. on this for about 6 or 7 years and had 9/11 Commission put it, ‘‘dysfunc- Mr. ROBERTS. I am assuming by not been able to achieve it. It became tional,’’ and must be changed. about 4:45—I am not anticipating any a turf battle. On one occasion I found As we face the national security further speakers on our side. That there was a listening device the NSA challenges that are so evident to all of could change. had that they would not even share us, the Nation will be privileged to Mr. REID. If my friend will yield? with the FBI for some of their inves- have PORTER GOSS at the helm of the Mr. ROBERTS. I am delighted to tigations. This was wrong. CIA. America needs an individual who yield. We have come a long way since that will help lead our intelligence agencies Mr. REID. We could not have a vote time. It has been my experience in both into a new era. I wholeheartedly sup- before 5 o’clock. Kosovo and Bosnia that you have a lot port his confirmation. Mr. ROBERTS. Right. of these agencies around the table Mr. DOMENICI. Mr. President, I rise Mr. REID. We have a couple people sharing information and working to- today in strong support of the nomina- off campus doing other things. gether that did not do so before. So I tion of PORTER GOSS to be Director of Mr. ROBERTS. Could we agree to believe we have come a long way. Central Intelligence. Few people are as have a UC request in regard to a vote One of the reasons I have been resist- eminently qualified as he to lead the certain at 5 o’clock? ing a lot of changes within our intel- CIA at this critical time in our Na- Mr. REID. Mr. President, I would be ligence system is I wanted to wait tion’s history. happy to agree to having a vote at 5 until PORTER GOSS came on board. I be- PORTER GOSS combines experience as o’clock and having the time between lieve PORTER GOSS has more knowledge both a U.S. Army Intelligence and CIA now and then evenly divided. I frankly on intelligence than anybody else who officer with 15 years as a Member of don’t think we are going to be using could have been nominated. the U.S. House of Representatives. any more time, so if you need more I think the President made an excel- During his time in Congress he has time on your side, you could have part lent nomination. I think we see by this used his knowledge and experience to of ours. bipartisan support that we are going to serve as chairman of the House Perma- Mr. President, I ask unanimous con- be able to overcome the obstacles and nent Select Committee on Intelligence. sent that the vote occur at 5 o’clock move ahead aggressively in achieving He is a public servant who has earned and that the time between now and quality intelligence to protect the our confidence and that of the Presi- then be evenly divided. American people. dent to lead the dedicated men and Mr. ROBERTS. I have no objection. I I thank the Senator from Maine for women of the CIA who work tirelessly think that is an excellent suggestion. yielding to me. to preserve our Nation’s security. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Now at this time when Congress is objection, it is so ordered. ator from Maine. working hard to reshape our intel- Mr. ROBERTS. Mr. President, I yield Ms. SNOWE. Mr. President, I rise ligence services, I applaud the Presi- whatever time she may consume to the today regarding the nomination of dent for nominating a man like PORTER Senator from Maine. PORTER GOSS as our next Director of GOSS who understands what is working Ms. SNOWE. Fifteen minutes. Central Intelligence. I commend the with intelligence and that which needs Mr. President, I thank the Senator President for his timely submission of to be improved. And based on his expe- from Kansas, and I am glad to yield to this nomination as Director of the Cen- rience, he will undoubtedly be as well the Senator from Oklahoma. tral Intelligence Agency. Given our prepared as any DCI to communicate The PRESIDING OFFICER. The Sen- war on terror and the missions in Af- with Congress concerning the needs of ator from Oklahoma. ghanistan and Iraq, now is not the time the CIA, and to understand the over- Mr. INHOFE. Mr. President, I thank to leave a vacuum in leadership for our sight responsibilities of the legislative the Senator from Maine. Nation’s intelligence. branch as it pertains to the intel- Let me make a couple comments On that note, I also commend our ligence community. about this man. chairman, Senator ROBERTS, for his The challenges we face in defeating First of all, before he leaves the leadership in conducting the hearings global terrorism remain great. PORTER Chamber, I want to thank the Senator and shepherding the entire process so GOSS understands where we have made from Florida for his comments and for we can complete this confirmation and mistakes in both intelligence oper- his efforts in this nomination. I also ensure our intelligence apparatus has ations and assessment. He understands thank the chairman of our select com- the direction it deserves and the lead- that we need improved human intel- mittee in the Senate, the Senator from ership it must have in order to move ligence capabilities, as well as a cul- Kansas. forward. ture of competition among intelligence Two years after I was elected to the As we all know, this nomination ar- analysts, to ensure that policymakers House—I believe it was 2 years after- rived during a time in which we are have objective information and a range ward—PORTER GOSS was elected to the compelled to undertake the most pro- of options to choose from in meeting House from Florida. It took us no time found, sweeping reform of our entire the terrorist challenge. PORTER GOSS is at all to figure out this guy was one of intelligence community in nearly 60 committed to making these changes on the foremost authorities on the intel- years, 3 years after the worst attack behalf of the American people. ligence community. He had experience ever on American soil. Indeed, there is In conclusion, I believe the President with the CIA, with Army Intelligence. no longer a question whether we are at has chosen the right man to lead the We relied on him. I am talking about the threshold of the single most com- CIA in its very important work, and I way back 16 years ago. prehensive and critical restructuring of

VerDate Aug 04 2004 02:25 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.063 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9515 the manner in which intelligence is essential for sound analysis. There was sounded any partisan notes in the past gathered, analyzed, and disseminated a lack of analytic rigor on one of the on any issues or matters of national se- in at least a generation. The questions most critical and defining issues span- curity. are: What shape will this reform take? ning more than a decade: the question I know others have raised the ques- How will the leadership of the intel- of the preponderance of weapons of tion of whether PORTER GOSS will be ligence community implement and exe- mass destruction within Iraq. The com- willing to inform administration offi- cute these changes? And how will the munity had failed to do its analysis for cials if or when public statements devi- nominee, PORTER GOSS, synthesize and more than a decade, we soon discov- ate from or distort available intel- translate his knowledge and depth of ered. ligence. In responding to this question, experience into specific, tangible Moreover, there was a lack of human I would refer directly to the House In- changes in how the intelligence com- intelligence that is so critical to as- telligence Committee’s 2003 interim as- munity performs? Because the person sessing the enemy’s capabilities and in- sessment of the pre-Iraq-war intel- who is asked to implement this type of tentions. They were forced to rely on ligence when then-Chairman GOSS stat- reform must be firm, bold, visionary, outdated, vague intelligence from less ed that if public officials cite intel- and lay the foundation for our intel- than credible sources. ligence incorrectly, the intelligence ligence community for the 21st cen- I say all of this because that is the community has a responsibility to ad- tury. reality that our next Director of Cen- dress that policymaker on any Many of us who serve on the Intel- tral Intelligence must not only con- mischaracterization of available intel- ligence Committee—indeed, through- front, but he also must address. It is in ligence. I expect that not only would out the Senate—have been advocating that light that our committee, during PORTER GOSS be held to that assess- for comprehensive improvements in the confirmation process, reviewed the ment as DCI but that he would hold the intelligence community structures qualifications, the credentials, and the himself to that assessment. and methods. Shortly, the Senate will qualities that PORTER GOSS possesses We must also recognize the unique have the opportunity to deliberate in order to address some of the most qualifications that PORTER GOSS brings with respect to overall and funda- systemic and profound changes this in- to the position. As I mentioned earlier, mental reform. It is absolutely the telligence community is going to face he is a product of service in the intel- type of change and reform not only since its inception in 1947. ligence community, while he also later this Senate, this Congress, and the I have come to believe that PORTER served as chairman of the House Intel- President must embrace; this perma- GOSS, in examining his record, his tes- ligence Committee. He can view the in- nent reform is essential to address the timony before the committee, his re- telligence community through the eyes grave failures in communication, co- sponses to the committee, has the ex- of a former CIA officer and intelligence ordination, and cooperation that cer- perience, the character, the credibility, officer and also as someone who has tainly the 9/11 Joint Inquiry, the Sen- the knowledge, the disposition, and the stood outside of that world looking in with his oversight of the intelligence ate Intelligence Committee, the 9/11 predilection for reform to lead this apparatus as chair of the House Intel- Commission, and others have found comprehensive overhaul and restruc- turing of our entire intelligence com- ligence Committee. with respect to the attacks on Sep- I know there has been some concern tember 11, 2001, as well as the pre-Iraq- munity. Let me first say that I worked with expressed that maybe PORTER GOSS war assessment of weapons of mass de- will be too wedded to the CIA or that struction that failed to reconcile with Congressman GOSS in the House of Rep- resentatives for 6 years. I have no he is too CIA-centric and, therefore, the realities in the postwar chapter. In- would not have the independent vision deed, with the new reality in which we doubt about his competence, certainly his intelligence, his character, his un- necessary to institute the required live, delaying reforming the intel- changes and the reforms that surely ligence community is no longer an op- impeachable integrity, or his biparti- sanship. He was far from a polarizing are to come. I would argue that it is tion. precisely because of his past work As a member of the Senate Intel- or partisan force in the House of Rep- resentatives. Rather, what I discovered within the community that he is best ligence Committee, this last year we suited to take it into the future, all the have undertaken a major review of the in working with him in the House, he was interested in solving problems more so as his service imbues him with prewar intelligence of Iraq’s weapons of an indispensable credibility that would mass destruction, the regime’s ties to rather than creating political points or sound bites. He was interested in engender the kind of trust within a terrorism, Saddam Hussein’s human community where some continue to be- reaching a consensus on the issues. rights abuses, and his regime’s impact lieve that necessary changes have al- on regional stability. That report was a I know there had been some ques- tions during the course of the hearing ready been made, that we should not detailed, comprehensive cataloguing identify the failures that we did in our as to whether PORTER GOSS would be not only of the facts but also a stun- comprehensive report within the intel- ning revelation of systemic, pervasive able to be sufficiently independent minded in a position where he will be ligence community in the prewar as- flaws in our intelligence community sessments as egregious or systemic or that coalesced to produce broad fail- the President’s chief adviser on intel- ligence issues. Certainly this was an broad or comprehensive failures. That ures in intelligence gathering and anal- is the kind of atmosphere that he will issue that was thoroughly explored in ysis. It revealed a pervasive compla- be entering as the new Director of the the confirmation hearings just con- cency as well as a lack of account- Central Intelligence Agency and trying cluded. At the opening of that hearing, ability throughout the chain of com- to bring about the kind of reform that Congressman GOSS addressed the issue mand that allowed outdated assump- is absolutely vital. tions about intelligence to be carried directly when he told the committee: His own record of reform initiatives forward for years unquestioned and . . . I understand completely the difference is also important to explore because it in obligations the position of [director of that tolerated an absence of rigorous also will belie the claim that somehow analysis and a kind of monolithic Central Intelligence agency] carries with it and that which the role of a Congressman he will not be predisposed or have a grouping. carries. These are two completely distinct predilection for the type of reform we From that report, we now know that jobs in our form of government. I understand certainly are going to be considering, even after the lack of information these distinctions and if confirmed commit hopefully next week, and enacting in sharing was found to have played a key myself to a nonpartisan approach to the job Congress, and also the reform that has role in the intelligence failures of 9/11, of [director of Central Intelligence agency]. also been brought about as a result of intelligence reporting continues to be That is important to underscore. the President’s Executive orders. highly compartmentalized, and ana- Moreover, in response to questions Still others have questioned whether lysts with a need to know are not given about some specific political state- PORTER GOSS could have done more to access to information. Essentially, the ments that PORTER GOSS had men- institute intelligence reform prior to intelligence community continues to tioned a few months ago on the floor of the attacks of 9/11. Again, I think as we operate in a ‘‘stovepiped’’ manner, pre- the House of Representatives, he ex- review the 9/11 Commission’s rec- venting critical information sharing pressed regret and apologized if he ommendations, we can see much could

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.089 S22PT1 S9516 CONGRESSIONAL RECORD — SENATE September 22, 2004 have been done in all spheres. Whether to be brought about within the overall actively in this, as well as the members it was on the part of former Presidents, intelligence community. of the committee. on the part of Congress, committees, Finally, there is further evidence of I first came to know the nominee individuals, agencies, and bureauc- the extent to which PORTER GOSS is about a decade ago. I remember one of racies, we know that the history docu- compelled to remedy our intelligence our most revered, distinguished con- mented in the 9/11 report was replete shortcomings. He has recognized—after temporary colleagues, Senator Moy- with examples of what could have been his committee’s investigation into the nihan, who sat right back there. I was and should have been done differently. failures that occurred prior to the Iraq on the floor and he stood and said it What is required now is that we look war—that the intelligence community was time to abolish the CIA. He had a at the totality of the record of the has repeatedly fallen short in the area lot of concerns about the Agency. At nominee we are considering today. In of information collection, most nota- that time, I was the vice chairman of so doing, I believe we will see an indi- bly in the area of human intelligence. the Intelligence Committee. Together, vidual who is wholly committed to pro- For those who are not convinced he with PORTER GOSS and some others, we viding the impetus and the leadership understands what is required to be put together a piece of legislation es- required to institute critical reform. done—particularly in this regard—as tablishing a commission to examine Indeed, who better than someone who PORTER GOSS himself has said, the some of the concerns of our distin- has not only been a member of the in- CIA’s human spy operation was headed guished late colleague from New York. telligence world but also one who has ‘‘over a proverbial cliff’’ and in danger PORTER GOSS and I served on that com- investigated that world to understand of becoming only a fleeting memory of mission. Les Aspin was the first chair- why change is necessary. ‘‘the nimble, flexible, core, mission-ori- man. He had an untimely early death The most glaring of problems—those ented enterprise’’ it once was. Sounds and he was followed by Harold Brown. we identified in the Senate Intelligence like a person who is convinced of the That was my initiation to work with Committee report, such as the poor need for change. this fine, able individual. state of human intelligence, oper- He has also stated that the intel- I commend the President for select- ations, intelligence collection in gen- ligence community failed to provide ing him to take on this important as- eral, analysis, and the pervasive prob- the best possible intelligence to policy- signment. I thank Representative lems with information sharing—these makers, and that the requisite, both GOSS, his wife, and family for under- have all been issues that PORTER GOSS from a collection and analytical view- taking another chapter of public life. has been committed to addressing point, was not provided. All of his credentials have been care- throughout his tenure as chairman of I believe PORTER GOSS embodies the fully reviewed. I would like to talk the House Intelligence Committee. In- credibility and credentials that will be about somewhat of a different aspect of deed, Mr. GOSS has held over 62 hear- required to lead the intelligence com- the challenges that will face PORTER ings on intelligence community reform munity agencies and the professionals GOSS. We just concluded a very exten- just this year. So I do believe that he within that community in imple- sive briefing upstairs with the Sec- shows a predisposition and indeed a menting the types of reforms from retary of Defense, Ambassador drive for reform. within—by Executive order or through Negroponte, the commander of I think we also see that commitment congressional enactment. He brings CENTCOM, the Chairman of the Joint reflected in Mr. GOSS’s contributions as unique and exceptional experience both Chiefs, and the Deputy Secretary of a member of the Aspin-Brown commis- in the field and behind the gavel. I be- State, almost three-quarters of the sion, which was formed to assess the lieve he is well prepared to see our in- Senate being present. The briefing was future direction, priorities, and struc- telligence apparatus as it undergoes about the situations primarily in the ture of the intelligence community in the major transformation necessary for Iraq and Afghanistan theater, but it the post-Cold-War world. This commis- a new era. was about terrorism on the whole. sion made a number of recommenda- I yield the floor. As part of our discussion, we talked tions including looking at how to Mr. ROBERTS. Mr. President, I ask about the ongoing work in the Con- streamline the DCI’s responsibilities unanimous consent that the distin- gress of the United States with regard and provide him with additional flexi- guished chairman of the Armed Serv- to the 9/11 report, which all of us be- bility in managing the community. ices Committee, a vital member of the lieve is a very significant contribution He provided insights and leadership Intelligence Committee, be recognized by a conscientious group of tried, test- in the ‘‘Joint Inquiry Into Intelligence for 5 minutes. Senator WARNER is a ed, and able public servants. But we Community Activities Before and After previous member of the Intelligence worked through these equations and the Terrorist Attacks of September 11, Committee, now again on the Intel- options. The Governmental Affairs 2001’’—a report that contained 19 rec- ligence Committee, and he is chairman Committee is doing the markup of ommendations, including the creation of the Armed Services Committee. He what will be the primary vehicle. Sen- of a director of national intelligence has a unique perspective to offer my ator ROBERTS contributed his views on among the many changes that we have colleagues. Is 5 minutes appropriate? it. now been debating in Congress. Mr. WARNER. Yes, thank you. The Senate Armed Services Com- So all of this undoubtedly served as a The PRESIDING OFFICER. The Sen- mittee had a hearing with the Sec- catalyst for Congressman GOSS author- ator from Virginia is recognized. retary of Defense, as well as the Acting ing his own reform legislation, which Mr. WARNER. Mr. President, I thank Director of the CIA. So the Senate has he introduced this past June, that calls my good friend and colleague, the done a lot of work in preparation. for significant reform of the intel- chairman of the Intelligence Com- How does that relate to PORTER ligence community’s structure, as well mittee. I hope the Senate appreciates GOSS? I cannot predict, and I don’t as enhanced DCI, with critically needed the thoroughness with which Chairman think anyone can, at this time what personnel and budgetary authority— ROBERTS has gone into this nomina- will eventually evolve with regard to going beyond even what the President tion. He has provided the members of the legislative achievements of this issued in his own Executive orders. the committee and many others with body and the House in a conference. But I think PORTER GOSS also under- an opportunity to express their views Perhaps a lot of people have high ex- stands, in response to many of the with regard to the nomination. An ex- pectations that a bill will be before our questions that were raised during the tensive series of hearings have been President shortly. course of the confirmation hearing, held—more than have been held on a I intend to work conscientiously, as I that a director of national intelligence nominee in a long time. Maybe only have, and will continue to work, for- will need to possess both the budgetary Supreme Court Justices occasionally getting any question of turf, to try to and personnel authorities that will be see the volume and thoroughness with achieve a strong bill that clearly im- vital to a newly created director of na- which this nomination has been care- proves and strengthens our intelligence tional intelligence in order for that in- fully viewed by the Senate. I com- system. dividual to be effective in imple- pliment the chairman, and indeed the I brought in a reference to the brief- menting the kinds of changes that need ranking member who participated very ing today because in some discussion

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.092 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9517 with our colleagues—and it was a clas- Mr. President, again I thank the dis- The third had to do with partisanship. sified briefing, but I can share this— tinguished chairman and the distin- It was interesting to me that a number General Abizaid said he is acting on in- guished vice chairman of the com- of people said everybody around here is telligence daily to conduct his mission. mittee for their work in making it pos- partisan. Of course, that is true. But Lives are at risk, and he clearly, draw- sible for this nomination to have been this has to do with a nomination for ing on his extensive experience in the carefully reviewed by the Senate in the Central Intelligence Agency. That Army said: Today the intelligence col- terms of a series of hearings and a very is a position where the national secu- lection that my soldiers, sailors, air- active and thorough debate on the Sen- rity law forbades a nominee from being men, and marines need and have and ate floor. political in any way, shape, or form. use is vastly improved over what we I yield the floor. I think the question really is with had in gulf war 1 in 1991. The PRESIDING OFFICER. The Sen- him. I want to believe it is true, but The PRESIDING OFFICER. The Sen- ator from Kansas. based upon the record, I cannot accept ator’s 5 minutes have expired. Mr. ROBERTS. Mr. President, with it as true to this point, and I have to Mr. WARNER. Mr. President, I ask this debate and the vote certain at 5 look at what has happened as opposed unanimous consent that I may speak o’clock, I think there has been an ex- to what he says will happen; that he for another 4 minutes. traordinary level of examination of has been very partisan and very par- The PRESIDING OFFICER. Without this nomination. Two days of open tisan within the field of intelligence objection, it is so ordered. hearings were held. By way of compari- and very partisan within the field of in- Mr. WARNER. Mr. President, there son, that is one day more than Sec- telligence very recently at a time, ob- has been steady progress in the im- retary of State Powell had during his viously, when we are engaged in a provements in our intelligence system. confirmation in early 2001. broad election. The Department of Defense is the larg- It is certainly understandable that I think it is probable that he will be est user, and these senior people in the an official of the DCI stature would be confirmed, but that does not take away Department of Defense—civilian and the subject of close Senate scrutiny. I from my responsibility to point out military alike—have not tried to tell think we have achieved that level of what I think is critical: That now, the Congress what to do but respect- scrutiny, and members of the Intel- more than ever, it is important for a fully told us what not to do: Don’t do ligence Committee on both sides have CIA Director or for anybody in intel- anything to weaken the improvements expressed satisfaction with the way ligence to tell the truth, to make sure that we have achieved—I say we, work- this process has unfolded. It was not by that if there was a reference in a Cin- ing with the Congress and the Presi- accident. It was in close conference and cinnati October 2 speech about Niger dent—we have achieved to date since cooperation with the distinguished vice and uranium enrichment and the pos- 1991 in the first gulf war and, indeed, chairman of the Intelligence Com- sible seeking of it by Iraq, and then since 9/11 with President Bush and Ex- mittee, the Senator from West Vir- when it comes to the State of the ecutive orders, a wide range of imple- Union that somehow that the CIA Di- mentation of important things that ginia. I think Mr. GOSS has been forth- rector disappeared and never said, Oh, have been done to improve our intel- coming. I think he has been candid no, that shouldn’t be in the State of ligence system, particularly from the the Union because it was never true—I standpoint of the tactical use by the with the committee. He provided lit- erally dozens of written answers to don’t want to get into that now. The U.S. military. point is we need somebody who is inde- If confirmed and if we pass a new law questions sent to him by the com- mittee, both before and after his con- pendent and takes pride, who describes signed by the President, PORTER GOSS himself, defines himself as being inde- will be the man entrusted to imple- firmation hearings. He also provided complete and exhaustive details about pendent and standing up for the intel- ment that law. And I say to my col- ligence business and, therefore, is leagues with the deepest respect, that his background and his professional life in connection with his nomination. speaking the truth. I hope that person is a daunting task—to do it in a way will be PORTER GOSS. That is not yet not to shake the confidence of the tens In short, I believe the examination of this nomination has been thorough and proven, and based upon the record it is upon thousands of conscientious em- not possible for me to vote anything ployees in the various departments and informative. The nominee and Mem- bers on both sides should be com- but no at this time. agencies, the CIA, the Department of It being very close to 5, I ask for the Defense who are concerned about their plimented for the way it has unfolded. Expressions of support for his nomi- yeas and nays. jobs, concerned about their futures. We The PRESIDING OFFICER. Is there a nation have come from both sides of need to hold the team in place. We need sufficient second? to keep what is working now going as the aisle and both sides of Capitol Hill. There appears to be a sufficient sec- we phase in such new laws and provi- This nominee is ready to go to work, ond. sions as this body, working with the and he is needed. The question is, Will the Senate ad- House and signed by the President, I urge the Senate to vote for his con- vise and consent to the nomination of may enact. firmation, and I look forward to work- PORTER J. GOSS, of Florida, to be Di- I do not know of another individual ing with PORTER GOSS as the next and, rector of Central Intelligence? On this who has the experience of PORTER GOSS by the way, possibly last DCI. question, the yeas and nays have been or is better qualified to take on the The PRESIDING OFFICER. The Sen- ordered. task of implementing such new laws as ator from West Virginia. The clerk will call the roll. the Congress and the President may Mr. ROCKEFELLER. Mr. President, The legislative clerk called the roll. enact. at the proper time, which I believe will Mr. MCCONNELL. I announce that I urge my colleagues to give this very be at 5 o’clock, I will call for the yeas the Senator from Pennsylvania (Mr. fine, outstanding American who, once and nays, or can I do that now before I SANTORUM) and the Senator from Penn- again, was thinking about a quieter make a statement? sylvania (Mr. SPECTER) are necessarily form of life the opportunity to move The PRESIDING OFFICER. The Sen- absent. into this job. ator can do it any time he chooses. Mr. REID. I announce that the Sen- There was printed in the RECORD a Mr. ROCKEFELLER. I wish to make ator from Hawaii (Mr. AKAKA), the Sen- report that was issued by the CSIS, a short statement, and then I will call ator from North Carolina (Mr. ED- prepared by a number of former col- for the yeas and nays. WARDS), the Senator from Vermont leagues and others in the intelligence PORTER GOSS has been very well vet- (Mr. JEFFORDS), and the Senator from community trying to say to the Con- ted. What has come from this discus- Massachusetts (Mr. KERRY) are nec- gress we best move with considerable sion back and forth are several things. essarily absent. caution as we enact this new legisla- One, he is a very good man. Second, The PRESIDING OFFICER (Ms. MUR- tion. I found this very helpful in my he knows the intelligence business. KOWSKI). Are there any other Senators work participating in drawing up this Third, I think there is still a question in the Chamber desiring to vote? bill, and I commend it to my col- of whether he has run any larger orga- The result was announced—yeas 77, leagues. nizations, and that becomes a factor. nays 17, as follows:

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.095 S22PT1 S9518 CONGRESSIONAL RECORD — SENATE September 22, 2004 [Rollcall Vote No. 187 Ex.] them against the harms that come out when important decisions are made re- YEAS—77 of hate. The Local Law Enforcement garding organization, scope, and future Alexander DeWine Lott Enhancement Act is a symbol that can direction. Earlier this week, for exam- Allard Dole Lugar become substance. I believe that by ple, the parties agreed to add fourteen Allen Domenici McCain passing this legislation and changing new chemicals to the convention’s list Baucus Dorgan McConnell of substances requiring informed con- Bayh Ensign Mikulski current law, we can change hearts and Bennett Enzi Miller minds as well. sent. Because we are not a party, the Biden Feingold Murkowski f United States did not participate in Bond Feinstein Murray that decision. Boxer Fitzgerald Nelson (FL) SECURITY FOR SUPREME COURT Lest one think this is an exceptional Breaux Frist Nelson (NE) Brownback Graham (FL) JUSTICES case, the Rotterdam Convention is one Nickles Bunning Graham (SC) Pryor Mr. LEAHY. Mr. President, I am of three important international agree- Burns Grassley Reid ments on chemicals that the United Campbell Gregg pleased to be an original cosponsor of Roberts Cantwell Hagel S. 2742, which is a short but important States has signed, but so far failed to Schumer Carper Hatch piece of legislation that Senator HATCH ratify. The two other agreements—the Chafee Hollings Sessions Stockholm Convention on Persistent Shelby and I have cosponsored at the request Chambliss Hutchison Organic Pollutants (POPs) and the Cochran Inhofe Smith of the Supreme Court. This legislation Coleman Inouye Snowe would renew authority to provide secu- POPs Protocol to the Convention on Collins Johnson Stevens rity for the Justices when they leave Long Range Transboundary Air Pollu- Sununu Cornyn Kohl the Supreme Court. Recent reports of tion—ban or severely restrict the pro- Craig Kyl Talent duction and use of some of the most Crapo Landrieu Thomas the assault of Justice Souter when he Daschle Lieberman Voinovich was outside of the Supreme Court high- hazardous chemicals in existence. Both Dayton Lincoln Warner light the importance of security for agreements have entered into force, NAYS—17 Justices. If no congressional action is and preparations are being made for Bingaman Durbin Reed taken, the authority of Supreme Court the first meetings of the parties. Yet, Byrd Harkin Rockefeller police to protect Justices off court the United States is not on board. Clinton Kennedy Sarbanes grounds will expire at the end of this Although our Government played a Conrad Lautenberg Stabenow year. leading role in negotiating all of these Corzine Leahy Wyden agreements and despite the fact that Dodd Levin Another provision in this legislation the United States is a signatory to NOT VOTING—6 allows the Supreme Court to accept gifts ‘‘pertaining to the history of the each, the current administration along Akaka Jeffords Santorum with the leadership in Congress has so Edwards Kerry Specter Supreme Court of the United States or its justices.’’ The administrative office far failed to move the necessary imple- The nomination was confirmed. menting legislation that would allow The PRESIDING OFFICER. Under of the Courts currently has statutory authority to accept gifts on behalf of the United States to become a party. the previous order, the President will Such legislation involves the work of the judiciary. This provision would be immediately notified of the Senate’s four different committees in the Con- grant the Supreme Court authority to action. gress. To date, however, only the Sen- accept gifts but it would narrow the ate Environment and Public Works f types of gifts that can be received to Committee has reported a bill, which I LEGISLATIVE SESSION historical items. I think this provision co-sponsored with Senator CHAFEE. strikes the proper balance. The PRESIDING OFFICER. Under This bill provides a reasonable and ef- Finally, this legislation also would the previous order, the Senate will now fective approach to meeting our cur- provide an additional venue for the return to legislative session. rent obligations under all three of prosecution of offenses that occur on The Senator from Kansas. these agreements, while also providing the Supreme Court grounds. Currently, f a robust mechanism for accommo- the DC Superior Court is the only place dating future decisions of the parties. I MORNING BUSINESS of proper venue despite the uniquely would urge my colleagues to follow our Mr. ROBERTS. Madam President, I Federal interest at stake. This legisla- lead and swiftly enact sensible imple- ask unanimous consent that there now tion would allow suit to be brought in menting legislation. The United States be a period of morning business, in the United States District Court in the cannot afford to sit on the sidelines evening, with Senators speaking for up District of Columbia. any longer. to 10 minutes each. f The PRESIDING OFFICER. Without f ROTTERDAM CONVENTION ON objection, it is so ordered. LANHAM ACT CLARIFICATION PRIOR INFORMED CONSENT f Mr. CRAIG. Mr. President, I ask Mr. JEFFORDS. Mr. President, this unanimous consent to have printed in LOCAL LAW ENFORCEMENT ACT week, seventy-four nations are meeting OF 2003 the RECORD some additional informa- in Geneva at the first Conference of the tion about the genesis and intent of a Mr. SMITH. Mr. President, I rise Parties to the Rotterdam Convention bill introduced last week, strength- today to speak about the need for hate on Prior Informed Consent (PIC) for ening and clarifying a provision of the crimes legislation. On May 1, 2003, Sen- Certain Hazardous Chemicals and Pes- Lanham Act. Specifically, S. 2796 was ator KENNEDY and I introduced the ticides. This important international introduced to clarify that service Local Law Enforcement Enhancement agreement establishes a legally binding marks, collective marks, and certifi- Act, a bill that would add new cat- framework that requires exporters of cation marks are entitled to the same egories to current hate crimes law, listed substances to secure informed protections, rights, privileges of trade- sending a signal that violence of any consent from governments of import- marks. kind is unacceptable in our society. ing countries prior to any shipment of It is my hope that the Congress will On November 20, 2000, in Savannah, such chemicals. Simply put, the con- act on this measure in short order, and GA, the body of Billy Jean Levette, a vention recognizes and incorporates I offer this information to assist my transgender individual, was found in a the basic principle of right-to-know colleagues in evaluating the bill. secluded area. His body was face up with respect to trade in hazardous There being no objection, the mate- with a wound to the back of the head, chemicals. As such, it marks yet an- rial was ordered to be printed in the his pants pulled halfway down and his other positive step in the direction of a RECORD, as follows: shirt pulled up. Levette was the second comprehensive international approach AMENDMENTS TO LANHAM ACT transgender individual killed in the Sa- to chemicals management. [Indicated by Brackets] vannah area in a year. Unfortunately, the United States is Sec. 3 [15 U.S.C. 1053]. Service marks registrable I believe that the Government’s first not yet a party to the convention, and Subject to the provisions relating to the duty is to defend its citizens, to defend thus will not be at the table this week registration of trademarks, so far as they are

VerDate Aug 04 2004 02:25 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.020 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9519 applicable, service marks shall be reg- It is important to remove any perceived MISSOURI RIVER DROUGHT istrable, in the same manner and with the distinction between certification marks and CONSERVATION PLAN same effect as are trademarks, and when reg- collective marks as compared to trademarks, istered they shall be entitled to the except as expressly provided otherwise by Mr. JOHNSON. Mr. President, last protection[s, rights and privileges] provided statute. Therefore, this bill clarifies Con- Tuesday, September 14, the Senate Ap- in this chapter in the case of trademarks. gress, original intentions regarding the propriations Committee reported out Applications and procedure under this sec- treatment of certification marks and collec- the Fiscal Year 2005 Interior Appro- tion shall conform as nearly as practicable tive marks through this amendment to Sec- priations bill on a unanimous and bi- to those prescribed for the registration of tion 4 of the Act. Licenses governing certifi- trademarks. partisan vote. The bill funds several of cation marks, and the provisions contained the Federal agencies that are respon- Sec. 4 [15 U.S.C. 1054]. Collective marks and cer- in such licenses, should be treated no less fa- tification marks registrable vorably than licenses for trademarks and sible for managing millions of acres of Subject to the provisions relating to the other marks. ‘‘No challenge’’ provisions, and land in South Dakota, including the registration of trademarks, so far as they are other non-quality related provisions in cer- U.S. Forest Service, the Fish and Wild- applicable, collective and certification tification mark licenses or agreements are life Service, and the National Park marks, including indications of regional ori- to be accorded the same respect and treat- Service. Included in that bill was a pro- gin, shall be registrable under this chapter, ment, and are to be the subject to the same vision directing the Corps of Engineers in the same manner and with the same effect principles of equity, as like provisions in to immediately implement the drought as are trademarks, by persons, and nations. trademark licenses and agreements. While conservation measures outlined in the States, municipalities, and the like, exer- nothing in this revision to the Lanham Act cising legitimate control over the use of the should be read as impairing a court’s ability 2004 Missouri River Master Water Con- marks sought to be registered, even though to apply existing principles of equity, where trol Manual. This is an important pro- not possessing an industrial or commercial their application is appropriate, such licens- vision that will better balance the establishment, and when registered they ing provisions are essential to preserving the competing uses of Missouri River water shall be entitled to the protection[s, rights public benefits of such marks without in- and, more importantly, bring a sense of and privileges] provided in this chapter in creasing the litigation and other trans- equity and fair play to a process long- the case of trademarks, except in the case of actional costs for certification mark owners. slanted toward a single group of navi- certification marks when used so as to rep- Similarly, certification and collective mark gation interests. resent falsely that the owner or a user there- owners have the same remedies for infringe- of makes or sells the goods or performs the ment of their marks that are available to Perhaps no Federal agency has a services on or in connection with which such trademark owners. more direct impact on South Dakotans mark is used. Applications and procedure Section 3 of the Lanham Act, 15 U.S.C. than the U.S. Army Corps of Engineers. under this section shall conform as nearly as § 1053, is amended in the same manner as Sec- The Corps of Engineers has a tough job practicable to those prescribed for the reg- tion 4 to maintain the parallel language of in South Dakota, balancing a host of istration of trademarks. the two sections and to evidence congres- competing and, it appears from time to BACKGROUND AND JUSTIFICATION sional intent that all four marks protected time, mutually exclusive interests. Section 4 of the Lanham Act, 15 U.S.C. by the Lanham Act are to be accorded the However, on the key issue of managing § 1054, states that certification marks and same rights and protections except as spe- collective marks ‘‘shall be entitled to the cifically provided by statute. the Missouri, the Corps has consist- ently come up short as a steward of protection provided’’ to trademarks. This f section expresses the congressional intention America’s longest river. With a current that all certification marks and collective HONORING WORLD WAR II water storage rate of 35.9 million acre- marks be treated with equivalent rights and VETERANS feet, the main-stem Missouri River res- protections to trademarks, except where Mr. BAYH. Mr. President, through- ervoirs are at the lowest level in his- Congress, by statute, has expressly provided tory. The provision included in the In- otherwise. out my service to the State of Indiana, It is common in trademark, service mark, I have been honored to represent thou- terior Appropriations bill faces up to collective mark and certification mark li- sands of Hoosier veterans who have this reality by taking a strong step to- censes to include provisions under which li- fought bravely for our country. It is ward conserving our water resources. censees acknowledge the validity of an agree with great honor that I recognize the Unfortunately, yesterday, in an un- not to challenge the marks. These ‘‘no chal- sacrifices of these three courageous precedented maneuver to strike out lenge’’ provisions play an important role in men, Private First Class Leo Wilson and cancel the express will of the Ap- protecting the marks, reducing mark own- propriations Committee, a provision ers’ litigation costs, and providing assur- Landess, Private First Class Robert ances to licensees that the marks they are Eugene Osborn, and Private First Class was inserted in the fiscal year 2005 Vet- investing in will have continued validity. John Lee Reynolds, who were called to erans, Housing and Urban Develop- After applying principles of equity, many service in World War II to safeguard ment, and Independent Agencies Ap- courts have upheld such ‘‘no challenge’’ pro- American freedom. These valiant propriations bill that cancels out the visions in trademark licenses and dismissed young men defended our Nation and drought conservation plan. The pro- validity challenges. ponents of this new provision had al- Recently, the Second Circuit Court of Ap- our liberty in the face of evil, before peals in the case of Idaho Potato Commission they had a chance to receive a high ready been rebuffed last week when at- v. M & M Produce Farm and Sales, 335 F.3d 130 school diploma. It was more than 60 tempting to change the original sec- (2d Cir. 2003), interpreted the Lanham Act as years ago that these three men left tion. Surely we can find some common requiring that certification marks be treated Governor I.P. Gray High School and ground for the upstream states strug- differently from trademarks with respect to were inducted into the Army. I applaud gling with the lack of water flow. I ex- ‘‘no challenge’’ provisions. The court rea- the Jay County High School Corpora- pect an uphill battle, but I will do ev- soned that the public policy underlying cer- tion for honoring these three World erything I can to fight for the needs of tification marks was more analogous to the upstream states. public policy underlying patents. As a result, War II veterans, on June 12, 2004. the court ruled that licensee certification Their effort and unwavering commit- f mark no challenge provisions are governed ment along with 120,000 other Hoosier by the Supreme Court’s decision in Lear, Inc World War II veterans, played a vital JUMPSTART OUR BUSINESS v. Adkins, 395 U.S. 653 (1969). The Second Cir- role in the long and difficult process of STRENGTH ACT cuit’s decision appears to have gone beyond helping others enjoy freedom and de- Mr. SMITH. Mr. President. I rise to congressional intent relating to certification marks. Certification marks have none of the mocracy. By the end of the war, almost speak about an important piece of leg- preclusive effects of patents. Rather, the 13,000 Hoosier soldiers lost their lives. I islation that is pending before Con- competitive effects of certification marks am reminded by a quote by Douglas gress. The Jumpstart Our Business are the same as trademarks. Certification MacArthur, ‘‘The soldier, above all Strength, JOBS, Act, also known as marks guard the public from deception and other people, prays for peace, for he FSC/ETI. This bill was passed by both protect mark owners’ and their licensees’ in- must suffer and bear the deepest the House and the Senate earlier this vestments. Like trademarks, certification wounds and scars of war.’’ I would like year and now awaits the appointment marks provide information vital to con- sumers’ purchasing decisions. Certification to express my deep appreciation for of conferees by the House of Represent- marks help consumers identify goods and their dedicated service and the many atives. As a Senate conferee, I am services that have the quality and safety fea- sacrifices they made on behalf of our hopeful that we can move quickly to- tures they want. Nation. ward a conference with the House and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.022 S22PT1 S9520 CONGRESSIONAL RECORD — SENATE September 22, 2004 complete action on FSC before the I look forward to working with my Awards, a league MVP Award, and 108th Congress adjourns. Senate and House colleagues towards leading the Pittsburgh Pirates to This bill has aptly been named the enactment of the FSC/ETI tax legisla- World Series victories in 1960 and 1971. JOBS Act because of the direct impact tion and to ensure that these critical Clemente was also a devoted father. it will have on businesses and employ- maritime provisions are included in With his wife Vera Cristina, he raised ment in the United States. I believe the final version of the bill. three sons: Roberto Jr., Luis Roberto, this bill can strengthen the U.S. ship- f and Roberto Enrique. Proud of his her- ping industry. Over the past year I itage Roberto insisted that Vera give have worked closely with my col- ROBERTO CLEMENTE DAY birth to all three sons in Puerto Rico. leagues, Senators TRENT LOTT, JOHN Mr. SANTORUM. Mr. President, I will always remember feeling deep- BREAUX and others, to provide critical today I rise to speak about a topic that ly saddened upon hearing the news, on tax reform for the U.S. maritime indus- holds a special place in my life and the December 31, 1972, that Clemente had try. I intend to work in conference to communities of Pennsylvania—base- died in a tragic plane crash off the provide necessary relief to the mari- ball. Like our Nation’s democracy, coast of Puerto Rico. The plane was time industry in Oregon and elsewhere baseball is a part of our country’s col- taking medical, food, and clothing sup- throughout our country. lective definition of community, his- plies to earthquake stricken Nica- It is clear to me that the ability of tory, and heroism. ragua. Clemente will always be remem- the American shipowner to operate The Pittsburgh Pirates and Philadel- bered as one of the greatest humani- ships on a comparable economic basis phia Phillies are recognized by fans for tarians of all time. as foreign competitors is vital to the their hometown affiliation but more Aside from playing baseball myself competitiveness of the U.S.-flag indus- for their heroes. In Pennsylvania, we over the years, the culture of identi- try. Yet United States shipping compa- have plenty of players to boast about, fying with star baseball players and my nies are subject to significantly higher but one in particular comes to mind, hometown team is an inextricable part taxes than their foreign-based competi- Roberto Clemente. Clemente is Pitts- of my boyhood. As a young boy playing tion, particularly those that operate burgh’s most reversed hero. He was the and watching baseball, I learned the foreign vessels under what are com- first Latin-American to be inducted value of hard work, the importance of monly known as ‘‘flag-of-convenience’’ into the Hall of Fame and the first teamwork, how to deal with success countries. Thus, American shipowners player for whom the Hall’s required 5- and failure, how to concentrate and are increasingly unable to compete year waiting period was waived. In stay focused on a goal, and how to look with their foreign-flag counterparts in honor of the humanitarian work in beyond personal achievement to some- the foreign trade of the United States. which he was so involved, the Roberto thing bigger than oneself. Roberto Recently, many of the industrialized Clemente Foundation now serves Pitts- Clemente embodied all of these virtues. trading partners of the U.S., including burgh’s inner-city through programs to As our Nation recognizes Hispanic the United Kingdom, Norway and Ger- instill responsible community behavior Heritage Month during the month of many, have developed tonnage-based September, this is an ideal time to in disadvantaged youth, and to provide corporation tax regimes, known as honor this exceptional person and per- them with organized recreation. ‘‘tonnage tax’’ regimes, to enable their sonal hero and his legacy that lives on Clemente’s example is an amazing il- fleets to compete fairly on the inter- through the recipients of the Roberto lustration of how powerful professional national stage. In a similar manner, Clemente Award. sports heroes can be as role models. our proposed tonnage tax provisions f would authorize an alternative U.S. tax Roberto Clemente Day was estab- regime based upon the tonnage of a lished in 2002 to increase awareness of IN MEMORIAM TO STATE SENATOR taxpayer’s U.S.-flag fleet. That alter- the Roberto Clemente Award and the HENRY J. MELLO native regime would create a positive amount of time and effort its recipi- Mrs. BOXER. Mr. President, I take economic environment for U.S.-flag ents dedicate towards community and this opportunity to honor the memory international shipping operations in charitable endeavors. Since 1971, Major of one of California’s dedicated public line with that of other major U.S. trad- League Baseball has annually pre- servants, California State Senator ing partners. sented an award that recognizes a play- Henry Mello. Senator Mello passed This legislative provision is urgently er who best exemplifies the game of away on September 4, 2004. He was 80 needed to preserve U.S.-flag shipping baseball through sportsmanship, com- years old. and related employment opportunities munity involvement, and positive con- Senator Mello was first elected to the for U.S. merchant mariners. At this tributions to his team. The award was Santa Cruz County Board of Super- time, there are only 89 U.S.-flag vessels named in honor of Clemente in 1973. visors in 1966, where he served for 8 engaged in the foreign trade that are The national recipient of the 2004 Ro- years. In 1976, he was elected to the operated by U.S. companies to which berto Clemente Award will be an- California State Assembly. After serv- the tonnage tax regime would apply. nounced during the 2004 World Series. ing for two terms in the assembly, Sen- Implementation of the tonnage tax re- This year, September 22 has been des- ator Mello was elected to the Cali- gime is required now to prevent further ignated as 2004 Roberto Clemente Day. fornia State Senate, where he spent the reductions in an already decimated PNC Park in Pittsburgh will be majority of his career in public service. U.S.-flag commercial fleet and depleted among the many ballparks around the During his tenure as a member of the U.S. mariner pool. country that will hold a ceremony California State Legislature, Senator It is also important to the U.S. mari- commemorating Roberto Clemente Mello carried a record number of bills time industry that we enact an addi- Day. As residents of Pittsburgh cross and resolutions—727—of which 456 were tional reform measure to defer U.S. tax the Roberto Clemente Bridge, which signed into law. Because of his success- on the foreign shipping income of a spans the Allegheny River, may they ful leadership skills and his ability to controlled foreign corporation, CFC— remember the example that Roberto work across partisan lines, Senator but only if that CFC is affiliated with Clemente set for us all. Mello served as the State Senate’s ma- a U.S. company that maintains a quali- Roberto Clemente Walker was born jority whip from 1981 to 1992, and as the fied fleet of at least two U.S.-flag com- in Barrio San Anton in Carolina, Puer- majority leader from 1992 to 1996. mercial vessels. Generally, the U.S. to Rico, August 18, 1934. Roberto al- Whether he was championing chil- does not tax foreign-source income ways excelled at track and field; how- drens’ rights or seniors’ rights, envi- earned by a CFC until that income is ever, his real love was baseball. ronmental issues or public education, repatriated as a dividend to the U.S. Clemente joined the Pittsburgh Pi- residents of the central coast knew shareholders of the CFC. However, a rates in 1955, where he played his entire they had an advocate in Senator Mello. CFC’s foreign shipping income is taxed 18-year Major League Baseball career Among his many accomplishments in to its U.S. shareholders in the year from 1955 to 1972. Clemente is consid- the State legislature, Senator Mello earned without regard to whether it is ered one of the finest outfielders to advocated for the establishment of the then, or ever, distributed to those ever play professional baseball, amass- Monterey Bay National Marine Sanc- shareholders. ing over 3,000 hits, 12 Golden Glove tuary; the creation of the California

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.108 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9521 Senior Legislature, and the conversion eran, he was pleased that he lived to Britain. He also helped to complete a of Fort Ord Army Base into California watch on television the dedication of partnership between the United States State University Monterey Bay. A par- the memorial on the Mall here in and China that provided for post-World ticular highlight in his career, Senator Washington honoring those who served War II resumption of direct air service Mello cosponsored the Mello-Roos Act, in that great conflict. between the two countries. which established tax-exempt bonds He served in as a pilot in the Donald Comlish was born in Strat- and special districts for school con- U.S. Army Air Corps. After the war, he ford, CT and enlisted in the Navy after struction and other public improve- remained in the Reserves and retired as high school. He attended the Navy ments. a Lieutenant Colonel in the U.S. Air School of Music in Washington and Senator Mello was proud of his Force. played with the Navy Band. He grad- Portugese heritage, and regularly trav- Donald Dockery was a special friend. uated from St. Bonaventure University eled to Washington, DC to advocate for He and his family were our closest in 1961, and received a law degree from increased foreign aid to Portugal. The neighbors when I was growing up in the Catholic University in 1965. He began King of Portugal knighted Senator Byram community, 7 miles south of his career as a law clerk for the firm of Mello for his efforts. In his spare time, Jackson, MS. His wife, Stella, and Spencer & Whalen and the Civil Aero- Senator Mello was also an avid deep- their children, Donna, Kay, and Billy nautics Board, and then began working sea fisherman and jazz pianist. In 2002, were also very close friends of mine, for the ATA. Donald was a well-re- Senator Mello played with the Jimmy and my family. spected and accomplished attorney who Dorsey Orchestra at the performing Donald’s death was like having a was admitted and qualified as an attor- arts center in Watsonville that is death in our own family. He and Stella ney and counselor to the Supreme named after him—the Henry J. Mello watched after me as I grew up in the Court. After leaving the ATA in the Center for the Performing Arts. neighborhood. Donald was the personi- mid-1990s, he remained a consultant to Senator Mello was a deeply loved fication of a good citizen, the kind who the airline industry until his retire- member of both the California State enriches our country with a strong ment in 1999. legislature and the central coast com- spirit of community. Shortly before he retired, he decided munity, and a strong, tenacious man He was active in the boosters club at to once again pursue his love of music who championed the causes of those he our school, helping children who need- and began playing saxophone and clari- represented. He will be missed by all ed money for lunch room tickets or a net for the Montgomery Village Com- who knew him. We take comfort in band uniform. He was a very successful munity Band and the Virginia Grand knowing that future generations will businessman. He owned a store and was Military Band. He was also a member benefit from his spirit, his vision, and in the pulp wood and cattle business. of the International Aviation Club. his leadership. He also got into the bottled water busi- Mr. Comlish’s survivors include his f ness; and, with his father-in-law and wife of 42 years, Carol Comlish; 6 chil- his son, he developed their company dren: Jeannie, Michael, Gregory, Mat- ADDITIONAL STATEMENTS into a very impressive enterprise. thew, Paul, and Chrissy; and 1 grand- When my father’s health began de- son. His efforts improved the lives of clining several years ago, Donald would HONORING THE ACCOMPLISH- every American who travels, and he visit him every day. Their friendship MENTS OF DISHA PANCHOLI certainly left the world better than he was steadfast and enduring for over 50 found it.∑ ∑ Mr. BUNNING. Mr. President, I wish years. f to pay tribute to and congratulate It is impossible to measure the influ- Disha Pancholi of Louisville, KY, on ence another person can have on one’s MESSAGE FROM THE HOUSE being awarded a Boren Undergraduate life, but I am sure Donald Dockery At 2:18 p.m., a message from the Scholarship from the David L. Boren helped shape my views of the role a House of Representatives, delivered by National Security Education Program, good citizen should play in his commu- Mr. Hays, one of its reading clerks, an- NSEP. nity and the importance of being a nounced that the House agrees to the Ms. Pancholi was one of 181 appli- loyal and caring friend. amendment of the Senate to the bill cants nationwide to receive one of My family and I will miss him very (H.R. 1658) to amend the Railroad these scholarships. NSEP administered much.∑ Right-of-Way Conveyance Validation within the National Defense University f Act to validate additional conveyances in the Department of Defense. It funds of certain lands in the State of Cali- TRIBUTE TO DONALD COMLISH outstanding U.S. students to study fornia that form part of the right-of- critical languages and world regions in ∑ Mr. TALENT. Mr. President, I rise way granted by the United States to exchange for a commitment to seek today to mourn the passing of Donald facilitate the construction of the trans- employment with the Federal Govern- Comlish, who was the vice president for continental railway, and for other pur- ment in the arena of national security. international affairs of the Air Trans- poses. Ms. Pancholi has been studying Ara- port Association. Through his years of The message also announced that the bic and will spend her fall term in service, Mr. Comlish helped provide House has passed the following bill and Egypt. She attends the University of great service to our airline industry as joint resolution, without amendment: Louisville and is majoring in biology well as the traveling public, and he will S. 1301. An act to amend title 18, United and political science. be truly missed. States Code, to prohibit video voyeurism in The citizens of Jefferson County Mr. Comlish worked for the ATA for the special maritime and territorial jurisdic- should be proud to have a women such 22 years as the chief representative of tion of the United States, and for other pur- as Disha Pancholi in their community. the airline industry in the negotiation poses. Her example of dedication and hard of the international agreements be- S.J. Res. 41. Joint resolution commemo- tween the United States and foreign rating the opening of the National Museum work should be an inspiration to the of the American Indian. entire Commonwealth. She has my countries that provide the legal and most sincere admiration for this work operational basis for international air- The message further announced that and I look forward to her continued line flights. the House has passed the following service to the United States.∑ He participated in the negotiation of bills in which it requests the concur- rence of the Senate: f aviation agreements with France, Ger- many, Japan, Thailand and many other H.R. 2663. An act to authorize the Sec- REMEMBERING DONALD M. countries during his career, helping to retary of the Interior to study the suit- DOCKERY III literally open up the world to Amer- ability and feasibility of designating Castle ∑ Nugent Farms located on St. Croix, Virgin Mr. COCHRAN. Mr. President, my ican travelers. Mr. Comlish helped to Islands, as a unit of the National Park Sys- dear friend, and neighbor for many negotiate the 1977 Bermuda II agree- tem, and for other purposes. years, Donald M. Dockery III, died on ment, which eased restrictions on air H.R. 2966. An act to preserve the use and September 7. As a World War II vet- travel between the United States and access of pack and saddle stock animals on

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G22SE6.109 S22PT1 S9522 CONGRESSIONAL RECORD — SENATE September 22, 2004 public lands, including wilderness areas, na- Bureau of Reclamation and in coordination EC–9361. A communication from the Chief, tional monuments, and other specifically with other Federal, State, and local govern- Regulations and Administrative Law, Coast designated areas, administered by the Na- ment agencies, to participate in the funding Guard, transmitting, pursuant to law, the re- tional Park Service, the Bureau of Land and implementation of a balanced, long-term port of a rule entitled ‘‘Safety Zone (includ- Management, the United States Fish and groundwater remediation program in Cali- ing 2 regulations): CGD001–04–099, CGD01–04– Wildlife Service, or the Forest Service where fornia, and for other purposes; to the Com- 111’’ (RIN1625–AA00) received on September there is a historical tradition of such use, mittee on Energy and Natural Resources. 21, 2004; to the Committee on Commerce, and for other purposes. f Science, and Transportation. H.R. 3257. An act to authorize the Sec- EC–9362. A communication from the Chief, retary of the Interior to conduct a study to MEASURES PLACED ON THE Regulations and Administrative Law, Coast determine the suitability and feasibility of CALENDAR Guard, transmitting, pursuant to law, the re- establishing the Western Reserve Heritage port of a rule entitled ‘‘Special Local Regu- Area. The following bill was read the sec- lations (including 3 regulations): CGD07–04– H.R. 3334. An act to authorize the Sec- ond time, and placed on the calendar: 103, CGD05–04–143, CGD05–04–157’’ (RIN1625– retary of the Interior to participate in the S. 2823. A bill to provide for the adjustment AA08) received on September 21, 2004; to the design and construction of the Riverside-Co- of status of certain foreign agricultural Committee on Commerce, Science, and rona Feeder in cooperation with the Western workers, to amend the Immigration and Na- Transportation. Municipal Water District of Riverside, Cali- tionality Act to reform the H–2A worker pro- EC–9363. A communication from the Chief, fornia. gram under that Act, to provide a stable, Regulations and Administrative Law, Coast H.R. 3632. An act to prevent and punish legal agricultural workforce, to extend basic Guard, transmitting, pursuant to law, the re- counterfeiting and copyrighted copies and legal protections and better working condi- port of a rule entitled ‘‘Safety Zone (Includ- phonorecords, and for other purposes. ing 3 Regulations): CGDF13–04–031, CGD05–04– H.R. 4459. An act to authorize the Sec- tions to more workers, and for other pur- 170, CGD05–04–172’’ (RIN1625–AA00) received retary of the Interior, acting through the poses. on September 21, 2004; to the Committee on Bureau of Reclamation and in coordination f Commerce, Science, and Transportation. with other Federal, State, and local govern- EC–9364. A communication from the Chief, ment agencies, to participate in the funding EXECUTIVE AND OTHER COMMUNICATIONS Regulations and Administrative Law, Coast and implementation of a balanced, long-term Guard, transmitting, pursuant to law, the re- groundwater remediation program in Cali- The following communications were port of a rule entitled ‘‘Drawbridge Oper- fornia, and for other purposes. laid before the Senate, together with ation Regulations (Including 4 Regulations): The message also announced that accompanying papers, reports, and doc- CGD01–04–114, CGD01–04–105, CGD08–04–031, pursuant to section 1 of the Library of uments, and were referred as indicated: CGD08–04–024’’ (RIN1625–AA09) received on September 21, 2004; to the Committee on Congress Trust Fund Board Act (2 EC–9353. A communication from the Acting Commerce, Science, and Transportation. U.S.C. 154 note), the order of the House Assistant Director, Directives and Regula- of December 8, 2003, and upon the rec- EC–9365. A communication from the Chief, tions Branch, Forest Service, transmitting, Regulations and Administrative Law, Coast ommendation of the Minority Leader, pursuant to law, the report of a rule entitled Guard, transmitting, pursuant to law, the re- the Speaker appoints the following ‘‘Sawtooth National Recreation Area-Pri- port of a rule entitled ‘‘Safety Zone: member on the part of the House of vate Lands; Increasing Residential Out- Wiscasset, Maine; Demolition of Maine Representatives to the Library of Con- building Size’’ (RIN0596–AC00) received on Yankee Former Containment Building gress Trust Fund Board for a 5-year September 17, 2004; to the Committee on Ag- CGD01–04–099’’ (RIN1625–AA00) received on riculture, Nutrition, and Forestry. term to fill the existing vacancy there- September 21, 2004; to the Committee on EC–9354. A communication from the Con- Commerce, Science, and Transportation. on: Mr. J. Richard Fredericks of San gressional Review Coordinator, Animal Francisco, California. EC–9366. A communication from the Chief, Plant Health Inspection Service, Department Regulations and Administrative Law, Coast f of Agriculture, transmitting, pursuant to Guard, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Citrus MEASURES REFERRED port of a rule entitled ‘‘Special Local Regu- Canker; Quarantined Areas’’ (Doc. No. 04– lation for Marine Events: Patapsco River, The following bills were read the first 045–1) received on September 17, 2004; to the Inner Harbor, Baltimore, MD CGD05–04–158’’ and the second times by unanimous Committee on Agriculture, Nutrition, and (RIN1625–AA08) received on September 21, consent, and referred as indicated: Forestry. 2004; to the Committee on Commerce, EC–9355. A communication from the Under H.R. 2663. An act to authorize the Sec- Science, and Transportation. Secretary of Defense for Personnel and Read- retary of the Interior to study the suit- EC–9367. A communication from the Chief, iness, Department of Defense, transmitting, ability and feasibility of designating Castle Regulations and Administrative Law, Coast pursuant to law, the report of a retirement; Nugent Farms located on St. Croix, Virgin Guard, transmitting, pursuant to law, the re- to the Committee on Armed Services. Islands, as a unit of the National Park Sys- port of a rule entitled ‘‘Mandatory Ballast EC–9356. A communication from the Under tem, and for other purposes; to the Com- Water Management Program for U.S. Waters Secretary of Defense for Personnel and Read- mittee on Energy and Natural Resources. USCG–2003–14273’’ (RIN1625–AA52) received on H.R. 2966. An act to preserve the use and iness, Department of Defense, transmitting, September 21, 2004; to the Committee on access of pack and saddle stock animals on pursuant to law, the report of a retirement; Commerce, Science, and Transportation. public lands, including wilderness areas, na- to the Committee on Armed Services. EC–9368. A communication from the Chief, tional monuments, and other specifically EC–9357. A communication from the Under Regulations and Administrative Law, Coast designated areas, administered by the Na- Secretary of Defense for Personnel and Read- Guard, transmitting, pursuant to law, the re- tional Park Service, the Bureau of Land iness, Department of Defense, transmitting, port of a rule entitled ‘‘Security Zone; Pro- Management, the United States Fish and pursuant to law, the report of a retirement; tection of Military Cargo, Captain of the Wildlife Service, or the Forest Service where to the Committee on Armed Services. Port Zone Puget Sound, WA CGD13–04–019’’ there is a historical tradition of such use, EC–9358. A communication from the Dep- (RIN 1625–AA87) received on September 21, and for other purposes; to the Committee on uty Chief Counsel, Office of Foreign Assets 2004; to the Committee on Commerce, Energy and Natural Resources. Control, Department of the Treasury, trans- Science, and Transportation. H.R. 3257. An act to authorize the Sec- mitting, pursuant to law, the report of a rule EC–9369. A communication from the Chief, retary of the Interior to conduct a study to entitled ‘‘31 CFR part 592, Rough Diamonds Regulations and Administrative Law, Coast determine the suitability and feasibility of Control Regulations’’ received on September Guard, transmitting, pursuant to law, the re- establishing the Western Reserve Heritage 24, 2004; to the Committee on Banking, Hous- port of a rule entitled ‘‘Notification of Ar- Area; to the Committee on Energy and Nat- ing, and Urban Affairs. rival in U.S. Ports; Certain Dangerous Car- ural Resources. EC–9359. A communication from the Dep- goes; Electronic Submission USCG–2003– H.R. 3334. An act to authorize the Sec- uty Secretary of the Treasury, Department 16688’’ (RIN 1625–AA82) received on Sep- retary of the Interior to participate in the of the Treasury, transmitting, pursuant to tember 21, 2004; to the Committee on Com- design and construction of the Riverside-Co- law, a report on the national emergency with merce, Science, and Transportation. rona Feeder in cooperation with the Western respect to Iran that was declared in Execu- EC–9370. A communication from the Direc- Municipal Water District of Riverside, Cali- tive Order 12957 of March 15, 1005; to the tor, Office of Congressional Affairs, Nuclear fornia; to the Committee on Energy and Nat- Committee on Banking, Housing, and Urban Regulatory Commission, transmitting, pur- ural Resources. Affairs. suant to law, the report of a rule entitled H.R. 3632. An act to prevent and punish EC–9360. A communication from the Sec- ‘‘Generic Letter 2004–02: Potential Impact of counterfeiting of copyrighted copies and retary of Transportation, transmitting, a Debris Blockage on Emergency Recircula- phonorecords, and for other purposes; to the draft of proposed legislation entitled the tion During Design Basis Accidents at Pres- Committee on the Judiciary. ‘‘Research and Special Programs Reorganiza- surized-Water Reactors’’ received on Sep- H.R. 4459. An act to authorize the Sec- tion Act’’; to the Committee on Commerce, tember 17, 2004; to the Committee on Envi- retary of the Interior, acting through the Science, and Transportation. ronment and Public Works.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.028 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9523 EC–9371. A communication from the Dep- 2004–96) received on September 17, 2004; to partment of State, transmitting, pursuant to uty Associate Administrator, Environmental the Committee on Finance. the Arms Export Control Act, the report of a Protection Agency, transmitting, pursuant EC–9381. A communication from the Chief, proposed license for the export of defense ar- to law, the report of a rule entitled ‘‘Air Publications and Regulations Branch, Inter- ticles or defense services sold commercially Quality Classifications for the 8-Hour Ozone nal Revenue Service, transmitting, pursuant under a contract in the amount of $50,000,000 National Ambient Air Quality Standards’’ to law, the report of a rule entitled ‘‘Returns or more to Israel; to the Committee on For- (FRL#7816–2) received on September 17, 2004; Relating to Interest Payments on Qualified eign Relations. to the Committee on Environment and Pub- Education Loans’’ (Notice 2004–63) received EC–9392. A communication from the Assist- lic Works. on September 17, 2004; to the Committee on ant Secretary for Legislative Affairs, De- EC–9372. A communication from the Dep- Finance. partment of State, transmitting, pursuant to uty Associate Administrator, Environmental EC–9382. A communication from the Chief, the Arms Export Control Act, the report of a Protection Agency, transmitting, pursuant Publications and Regulations Branch, Inter- proposed license for the export of defense ar- to law, the report of a rule entitled ‘‘Ap- nal Revenue Service, transmitting, pursuant ticles or defense services sold commercially proval and Promulgation of Implementation to law, the report of a rule entitled ‘‘Guid- under a contract in the amount of $100,000,000 Plans; Kentucky and Indiana: Approval of ance Concerning Use of 2001 CSO Tables or more to Canada; to the Committee on Revisions to 1-Hour Ozone Maintenance Plan Under Section 7702’’ (Notice 2004–61) received Foreign Relations. for Louisville Area’’ (FRL#7812–4) received on September 17, 2004; to the Committee on EC–9393. A communication from the Assist- on September 17, 2004; to the Committee on Finance. ant Secretary for Legislative Affairs, De- Environment and Public Works. EC–9383. A communication from the Chief, partment of State, transmitting, pursuant to EC–9373. A communication from the Dep- Publications and Regulations Branch, Inter- the Arms Export Control Act, the report of a uty Associate Administrator, Environmental nal Revenue Service, transmitting, pursuant proposed manufacturing license agreement Protection Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Fringe for the manufacture of significant military to law, the report of a rule entitled ‘‘Ap- Benefits Aircraft Valuation Formula’’ (Rev. equipment to Spain; to the Committee on proval and Promulgation of Implementation Rule 2004–70) received on September 17, 2004; Foreign Relations. Plans; North Carolina: Raleigh/Durham Area to the Committee on Finance. EC–9394. A communication from the Assist- and Greensboro/Winston-Salem/High Point EC–9384. A communication from the Chief, ant Secretary for Legislative Affairs, De- Area Maintenance Plan Updates’’ (FRL#7815– Publications and Regulations Branch, Inter- partment of State, transmitting, pursuant to 9) received on September 17, 2004; to the nal Revenue Service, transmitting, pursuant the Arms Export Control Act, the report of a Committee on Environment and Public to law, the report of a rule entitled ‘‘Request proposed manufacturing license agreement Works. for Comments on Staggered Remedial for the manufacture of significant military EC–9374. A communication from the Dep- Amendment Period Revenue Procedure’’ equipment in Egypt; to the Committee on uty Associate Administrator, Environmental (Ann. 2004–71) received on September 17, 2004; Foreign Relations. Protection Agency, transmitting, pursuant to the Committee on Finance. EC–9395. A communication from the Dep- to law, the report of a rule entitled ‘‘Ap- EC–9385. A communication from the Chief, uty Secretary of State, transmitting, pursu- proval and Promulgation of Implementation Publications and Regulations Branch, Inter- ant to law, a report relative to supporting Plans; State of Nevada; Las Vegas Valley nal Revenue Service, transmitting, pursuant Iraq’s political transition, creating demo- Carbon Monoxide Nonattainment Area’’ to law, the report of a rule entitled ‘‘Elec- cratic institutions, and rebuilding the coun- (FRL#7801–8) received on September 17, 2004; tronic Filing of Duplicate Form 5472’’ (TD try’s social and economic infrastructure; to to the Committee on Environment and Pub- 9161) received on September 17, 2004; to the the Committee on Foreign Relations. lic Works. Committee on Finance. EC–9396. A communication from the Assist- EC–9375. A communication from the Dep- EC–9386. A communication from the Regu- ant Legal Adviser for Treaty Affairs, Depart- uty Associate Administrator, Environmental lations Coordinator, Centers for Medicare ment of State, transmitting, pursuant to Protection Agency, transmitting, pursuant and Medicaid Services, Department of law, the report of texts and background to law, the report of a rule entitled ‘‘Haz- Health and Human Services, transmitting, statements of international agreements, ardous Waste Management System; Identi- pursuant to law, the report of a rule entitled other than treaties; to the Committee on fication and Listing of Hazardous Waste; ‘‘Medicare Program; Manufacturer’s Submis- Foreign Relations. Final Exclusion’’ (FRL#7816–9) received on sion of Average Sales Price Data for Medi- EC–9397. A communication from the Chair- September 17, 2004; to the Committee on En- care Part B Drugs and Biologicals (ASP)’’ man, Commission for the Preservation of vironment and Public Works. (RIN 0938–AN05) received on September 17, America’s Heritage Abroad, transmitting, EC–9376. A communication from the Dep- 2004; to the Committee on Finance. pursuant to law, a report relative to the uty Associate Administrator, Environmental EC–9387. A communication from the Regu- Commission’s work over the past three Protection Agency, transmitting, pursuant lations Coordinator, Office of the Secretary, years; to the Committee on Governmental to law, the report of a rule entitled ‘‘Mis- transmitting, pursuant to law, the report of Affairs. souri; Final Approval of Missouri Under- a rule entitled ‘‘Civil Money Penalties: Pro- EC–9398. A communication from the In- ground Storage Tank Program’’ (FRL#7816– cedures for Investigations Imposition of Pen- spector General, Department of Defense, 1) received on September 17, 2004; to the alties and Hearings—Extension of Expiration transmitting, pursuant to law, the report of Committee on Environment and Public Date’’ received on September 17, 2004; to the the Office of Inspector General’s results of Works. Committee on Finance. our audit of undefinitized contractual ac- EC–9377. A communication from the Dep- EC–9388. A communication from the Assist- tions; to the Committee on Governmental uty Associate Administrator, Environmental ant Secretary for Legislative Affairs, De- Affairs. Protection Agency, transmitting, pursuant partment of State, transmitting, pursuant to EC–9399. A communication from the Direc- to law, the report of a rule entitled ‘‘Revi- the Arms Export Control Act, the report of a tor, Occupational Safety and Health Admin- sion to the California State Implementation proposed manufacturing license agreement istration, Department of Labor, transmit- Plan, Antelope Valley Air Quality Manage- for the manufacture of significant military ting, pursuant to law, the report of a rule en- ment District’’ (FRL#7812–2) received on equipment abroad and the export of defense titled ‘‘Fire Protection in Shipyard Employ- September 17, 2004; to the Committee on En- articles or defense services in the amount of ment’’ (RIN 1218–AB51) received on Sep- vironment and Public Works. $100,000,000 or more to Japan; to the Com- tember 21, 2004; to the Committee on Health, EC–9378. A communication from the Chief, mittee on Foreign Relations. Education, Labor, and Pensions. Publications and Regulations Branch, Inter- EC–9389. A communication from the Assist- EC–9400. A communication from the Direc- nal Revenue Service, transmitting, pursuant ant Secretary for Legislative Affairs, De- tor, Regulations Management, Board of Vet- to law, the report of a rule entitled ‘‘Treat- partment of State, transmitting, pursuant to erans’ Appeal, transmitting, pursuant to ment of Certain Settlement Funds as Per- the Arms Export Control Act, the report of a law, the report of a rule entitled ‘‘Board of taining to Purchase Price Allocations in proposed license for the export of defense ar- Veterans’ Appeals: Obtaining Evidence and Deemed and Actual Asset Acquisitions’’ (RIN ticles that are firearms sold commercially Curing Procedural Defects’’ (RIN 2900–AL77) 1545–BD59) received on September 17, 2004; to under a contract in the amount of $1,000,000 received on September 21, 2004; to the Com- the Committee on Finance. or more to Italy; to the Committee on For- mittee on Veterans’ Affairs. EC–9379. A communication from the Chief, eign Relations. f Publications and Regulations Branch, Inter- EC–9390. A communication from the Assist- nal Revenue Service, transmitting, pursuant ant Secretary for Legislative Affairs, De- EXECUTIVE REPORTS OF to law, the report of a rule entitled ‘‘Place partment of State, transmitting, pursuant to COMMITTEES for Filing Returns or Other Documents’’ the Arms Export Control Act, the report of a (TD9156) received on September 17, 2004; to proposed license for the export of defense ar- The following executive reports of the Committee on Finance. ticles or defense services sold commercially committees were submitted: EC–9380. A communication from the Chief, under a contract in the amount of $100,000,000 By Mr. MCCAIN for the Committee on Publications and Regulations Branch, Inter- or more to Germany; to the Committee on Commerce, Science, and Transportation. nal Revenue Service, transmitting, pursuant Foreign Relations. *Jon D. Leibowitz, of Maryland, to be a to law, the report of a rule entitled ‘‘Applica- EC–9391. A communication from the Assist- Federal Trade Commissioner for a term of ble Federal Rates—October 2004’’ (Rev. Rul. ant Secretary for Legislative Affairs, De- seven years from September 26, 2003.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.031 S22PT1 S9524 CONGRESSIONAL RECORD — SENATE September 22, 2004 *Deborah P. Majoras, of Virginia, to be a National Board for Education Sciences for a *Juan R. Olivarez, of Michigan, to be a Federal Trade Commissioner for the unex- term of four years. Member of the National Institute for Lit- pired term of seven years from September 26, *Roberto Ibarra Lopez, of Texas, to be a eracy Advisory Board for a term expiring No- 2001. Member of the Board of Directors of the Na- vember 25, 2006. Coast Guard nominations beginning Capt. tional Board for Education Sciences for a *Maria Otero, of the District of Columbia, Gary T. Blore and ending Capt. Joel R. term of two years. to be a Member of the Board of Directors of Whitehead, which nominations were received *Richard James Milgram, of New , the United States Institute of Peace for a by the Senate and appeared in the Congres- to be a Member of the Board of Directors of term expiring January 19, 2007. sional Record on September 7, 2004. the National Board for Education Sciences *Young Woo Kang, of Indiana, to be a Member of the National Council On Dis- Mr. MCCAIN. Mr. President, for the for a term of three years. ability for a term expiring September 17, Committee on Commerce, Science, and *Sally Epstein Shaywitz, of , to be a Member of the Board of Directors of 2006. Transportation I report favorably the the National Board for Education Sciences *John H. Hager, of Virginia, to be Assist- following nomination lists which were for a term of three years. ant Secretary for Special Education and Re- printed in the RECORDs on the dates in- *Joseph K. Torgesen, of Florida, to be a habilitative Services, Department of Edu- dicated, and ask unanimous consent, to Member of the Board of Directors of the Na- cation. save the expense of reprinting on the tional Board for Education Sciences for a *Arden Bement, Jr., of Indiana, to be Di- term of four years. rector of the National Science Foundation Executive Calendar that these nomina- for a term of six years. tions lie at the Secretary’s desk for the *Herbert John Walberg, of Illinois, to be a Member of the Board of Directors of the Na- Mr. GREGG. Mr. President, for the information of Senators. tional Board for Education Sciences for a Committee on Health, Education, The PRESIDING OFFICER. Without term of three years. objection, it is so ordered. Labor, and Pensions I report favorably *Herman Belz, of Maryland, to be a Mem- the following nomination lists which Coast Guard nomination of Kenneth W. ber of the National Council on the Human- Megan. ities for a term expiring January 26, 2010. were printed in the RECORDS on the Coast Guard nominations beginning John *Tamar Jacoby, of New Jersey, to be a dates indicated, and ask unanimous B. McDermott and ending David C. Member of the National Council on the Hu- consent, to save the expense of reprint- Clippinger, which nominations were received manities for a term expiring January 26, ing on the Executive Calendar that by the Senate and appeared in the Congres- 2010. these nominations lie at the Sec- sional Record on September 10, 2004. *Craig Haffner, of California, to be a Mem- retary’s desk for the information of Coast Guard nomination of Karen W. ber of the National Council on the Human- Senators. Quiachon. ities for a term expiring January 26, 2010. The PRESIDING OFFICER. Without Coast Guard nominations beginning Mi- *James Davidson Hunter, of Virginia, to be chael H Anderson and ending Gordon K a Member of the National Council on the Hu- objection, it is so ordered. Weeks, which nominations were received by manities for a term expiring January 26, Public Health Service nominations begin- the Senate and appeared in the Congres- 2010. ning Terence L. Chorba and ending Parmjeet sional Record on September 10, 2004. *Harvey Klehr, of Georgia, to be a Member S. Saini, which nominations were received Coast Guard nominations beginning Scott of the National Council on the Humanities by the Senate and appeared in the Congres- B. Beeson and ending Needham E. Ward, for a term expiring January 26, 2010. sional Record on April 8, 2004. which nominations were received by the Sen- *Thomas K. Lindsay, of Texas, to be a Public Health Service nominations begin- ate and appeared in the Congressional Member of the National Council on the Hu- ning Daniel Molina and ending James D. Record on September 13, 2004. manities for a term expiring January 26, Warner, which nominations were received by National Oceanic and Atmospheric Admin- 2010. the Senate and appeared in the Congres- istration nominations beginning Jonathan W *Iris Love, of Vermont, to be a Member of sional Record on May 17, 2004. Bailey and ending Richard A Edmundson, the National Council on the Humanities for Public Health Service nominations begin- which nominations were received by the Sen- a term expiring January 26, 2010. ning Songhai Barclift and ending Gregory ate and appeared in the Congressional *Thomas Mallon, of Connecticut, to be a Woitte, which nominations were received by Record on September 20, 2004. Member of the National Council on the Hu- the Senate and appeared in the Congres- National Oceanic and Atmospheric Admin- manities for a term expiring January 26, sional Record on May 17, 2004. istration nominations beginning Timothy J 2010. Public Health Service nominations begin- Gallagher and ending Bernerd R Archer, *Ricardo Quinones, of California, to be a ning Alvin Abrams and ending Ariel E. which nominations were received by the Sen- Member of the National Council on the Hu- Vidales, which nominations were received by ate and appeared in the Congressional manities for a term expiring January 26, the Senate and appeared in the Congres- Record on September 20, 2004. 2010. sional Record on May 17, 2004. By Mr. GREGG for the Committee on *Beverly Allen, of Georgia, to be a Member *Nomination was reported with rec- Health, Education, Labor, and Pensions. of the National Museum and Library Serv- ommendation that it be confirmed sub- *Gerard Schwarz, of Washington, to be a ices Board for a term expiring December 6, ject to the nominee’s commitment to Member of the National Council on the Arts 2008. respond to requests to appear and tes- *Gail Daly, of Texas, to be a Member of the for the remainder of the term expiring Sep- tify before any duly constituted com- tember 3, 2006. National Museum and Library Services *James Ballinger, of , to be a Mem- Board for a term expiring December 6, 2008. mittee of the Senate. ber of the National Council on the Arts for a *Donald Leslie, of Wisconsin, to be a Mem- (Nominations without an asterisk term expiring September 3, 2010. ber of the National Museum and Library were reported with the recommenda- *Terence Alan Teachout, of New York, to Services Board for a term expiring December tion that they be confirmed.) be a Member of the National Council on the 6, 2006. f Arts for a term expiring September 3, 2010. *Amy Owen, of Utah, to be a Member of the *Jonathan Baron, of Maryland, to be a National Museum and Library Services INTRODUCTION OF BILLS AND Member of the Board of Directors of the Na- Board for a term expiring December 6, 2008. JOINT RESOLUTIONS tional Board for Education Sciences for a *Sandra Pickett, of Texas, to be a Member The following bills and joint resolu- of the National Museum and Library Serv- term of three years. tions were introduced, read the first *Elizabeth Ann Bryan, of Texas, to be a ices Board for a term expiring December 6, Member of the Board of Directors of the Na- 2005. and second times by unanimous con- tional Board for Education Sciences for a *Renee Swartz, of New Jersey, to be a sent, and referred as indicated: term of four years. Member of the National Museum and Library By Mrs. CLINTON: *James R. Davis, of Mississippi, to be a Services Board for a term expiring December S. 2827. A bill to amend the Federal Rules Member of the Board of Directors of the Na- 6, 2007. of Evidence to create an explicit privilege to tional Board for Education Sciences for a *Kim Wang, of California, to be a Member preserve medical privacy; to the Committee term of two years. of the National Museum and Library Serv- on the Judiciary. *Frank Philip Handy, of Florida, to be a ices Board for a term expiring December 6, By Mr. MCCAIN (for himself, Mr. FEIN- Member of the Board of Directors of the Na- 2004. GOLD, Mr. LIEBERMAN, and Mr. SCHU- tional Board for Education Sciences for a *William T. Hiller, of Ohio, to be a Member MER): term of three years. of the National Institute for Literacy Advi- S. 2828. A bill to amend the Federal Elec- *Eric Alan Hanushek, of California, to be a sory Board for a term expiring November 25, tion Campaign Act of 1971 to define political Member of the Board of Directors of the Na- 2006. committee and clarify when organizations tional Board for Education Sciences for a *Richard Kenneth Wagner, of Florida, to be described in section 527 of the Internal Rev- term of two years. a Member of the National Institute for Lit- enue Code of 1968 must register as political *Caroline M. Hoxby, of Massachusetts, to eracy Advisory Board for a term expiring No- committees, and for other purposes; to the be a Member of the Board of Directors of the vember 25, 2006. Committee on Rules and Administration.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.033 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9525 By Mr. ALLARD (for himself and Mrs. (Mr. TALENT) was added as a cosponsor S. 2731 DOLE): of S. 1379, a bill to require the Sec- At the request of Mr. LAUTENBERG, S. 2829. A bill to establish a grant program retary of the Treasury to mint coins in the name of the Senator from Mary- administered under an agreement among the Secretaries of Housing and Urban Develop- commemoration of veterans who be- land (Ms. MIKULSKI) was added as a co- ment, Health and Human Services, and Vet- came disabled for life while serving in sponsor of S. 2731, a bill to amend title erans Affairs, in consultation with the U.S. the Armed Forces of the United States. 18, United States Code, to prohibit cer- Interagency Council on Homelessness, to ad- S. 1428 tain interstate conduct relating to ex- dress the goal of ending chronic homeless- At the request of Mr. MCCONNELL, otic animals. ness through coordinated provision of hous- the name of the Senator from Missouri S. 2759 ing, health care, mental health and sub- (Mr. TALENT) was added as a cosponsor At the request of Mr. ROCKEFELLER, stance abuse treatment, and supportive and other services, including assistance in ac- of S. 1428, a bill to prohibit civil liabil- the name of the Senator from South cessing non-homeless specific benefits and ity actions from being brought or con- Dakota (Mr. DASCHLE) was added as a services, and for other purposes; to the Com- tinued against food manufacturers, cosponsor of S. 2759, a bill to amend mittee on Banking, Housing, and Urban Af- marketers, distributors, advertisers, title XXI of the Social Security Act to fairs. sellers, and trade associations for dam- modify the rules relating to the avail- By Mr. SANTORUM (for himself and ages or injunctive relief for claims of ability and method of redistribution of Mr. BAYH): injury resulting from a person’s weight unexpended SCHIP allotments, and for S. 2830. A bill to amend part A of title IV gain, obesity, or any health condition of the Social Security Act to promote other purposes. healthy marriages and responsible father- related to weight gain or obesity. S. 2781 hood, and for other purposes; read the first S. 1890 At the request of Mrs. MURRAY, her time. At the request of Mr. ENZI, the name name was added as a cosponsor of S. By Mr. SMITH (for himself, Mr. BINGA- of the Senator from Tennessee (Mr. AL- 2781, a bill to express the sense of Con- MAN, Mr. CONRAD, Mr. DASCHLE, Mr. EXANDER) was added as a cosponsor of gress regarding the conflict in Darfur, HATCH, and Mr. THOMAS): S. 1890, a bill to require the mandatory S. 2831. A bill to amend the Internal Rev- Sudan, to provide assistance for the enue Code of 1986 and the Employee Retire- expensing of stock options granted to crisis in Darfur and for comprehensive ment Income Security Act of 1974 to clarify executive officers, and for other pur- peace in Sudan, and for other purposes. that federally recognized Indian tribal gov- poses. S. 2794 ernments are to be regulated under the same S. 1945 At the request of Mr. KENNEDY, the government employer rules and procedures At the request of Mr. MCCAIN, the name of the Senator from New Jersey that apply to Federal, State, and other local name of the Senator from New Jersey government employers with regard to the es- (Mr. LAUTENBERG) was added as a co- (Mr. LAUTENBERG) was added as a co- sponsor of S. 2794, a bill to improve ele- tablishment and maintenance of employee sponsor of S. 1945, a bill to amend the benefit plans; to the Committee on Finance. mentary and secondary education. Public Health Service Act and the Em- S. 2807 f ployee Retirement Income Security At the request of Mr. CRAPO, the SUBMISSION OF CONCURRENT AND Act of 1974 to protect consumers in name of the Senator from Minnesota SENATE RESOLUTIONS managed care plans and other health (Mr. COLEMAN) was added as a cospon- coverage. The following concurrent resolutions sor of S. 2807, a bill to amend the Inter- S. 2468 and Senate resolutions were read, and nal Revenue Code of 1986 to exempt At the request of Ms. COLLINS, the referred (or acted upon), as indicated: containers used primarily in potato name of the Senator from Hawaii (Mr. By Mr. CORZINE (for himself, Mr. BAU- farming from the excise tax on heavy INOUYE) was added as a cosponsor of S. CUS, Mr. DURBIN, and Mr. DASCHLE): trucks and trailers. S. Res. 432. A resolution expressing the 2468, a bill to reform the postal laws of sense of the Senate that Congress should re- the United States. S. 2815 E INE ject Social Security privatization proposals, S. 2526 At the request of Mr. D W , the including those that require deep cuts in So- name of the Senator from Illinois (Mr. At the request of Mr. BOND, the cial Security benefits, such as the proposals names of the Senator from Minnesota DURBIN) was added as a cosponsor of S. of President Bush’s Social Security Commis- 2815, a bill to give a preference regard- (Mr. DAYTON) and the Senator from sion; to the Committee on Finance. ing States that require schools to allow f California (Mrs. FEINSTEIN) were added as cosponsors of S. 2526, a bill to reau- students to self-administer medication ADDITIONAL COSPONSORS thorize the Children’s Hospitals Grad- to treat that student’s asthma or ana- phylaxis, and for other purposes. S. 333 uate Medical Education Program. At the request of Mr. BREAUX, the S. 2560 S. 2822 name of the Senator from Washington At the request of Mr. LEAHY, the At the request of Mr. REID, the (Ms. CANTWELL) was added as a cospon- name of the Senator from Florida (Mr. names of the Senator from Alabama sor of S. 333, a bill to promote elder GRAHAM) was added as a cosponsor of S. (Mr. SHELBY) and the Senator from justice, and for other purposes. 2560, a bill to amend chapter 5 of title Maryland (Mr. SARBANES) were added S. 847 17, United States Code, relating to in- as cosponsors of S. 2822, a bill to pro- At the request of Mr. SMITH, the ducement of copyright infringement, vide an extension of highway, highway name of the Senator from Michigan and for other purposes. safety, motor carrier safety, transit, (Ms. STABENOW) was added as a cospon- S. 2561 and other programs funded out of the sor of S. 847, a bill to amend title XIX At the request of Mr. JOHNSON, the Highway Trust Fund pending enact- of the Social Security Act to permit name of the Senator from South Da- ment of a law reauthorizing the Trans- States the option to provide medicaid kota (Mr. DASCHLE) was added as a co- portation Equity Act for the 21st cen- coverage for low income individuals in- sponsor of S. 2561, a bill to amend title tury. fected with HIV. 38, United States Code, to provide for S.J. RES. 31 S. 1010 certain servicemembers to become eli- At the request of Mrs. FEINSTEIN, her At the request of Mr. HARKIN, the gible for educational assistance under name was added as a cosponsor of S.J. name of the Senator from Hawaii (Mr. the Montgomery GI Bill. Res. 31, a joint resolution to provide INOUYE) was added as a cosponsor of S. S. 2568 for Congressional disapproval of cer- 1010, a bill to enhance and further re- At the request of Mr. BIDEN, the tain regulations issued by the Office of search into paralysis and to improve name of the Senator from New Mexico the Comptroller of the Currency, in ac- rehabilitation and the quality of life (Mr. DOMENICI) was added as a cospon- cordance with section 802 of title 5, for persons living with paralysis and sor of S. 2568, a bill to require the Sec- United States Code. other physical disabilities. retary of the Treasury to mint coins in S.J. RES. 32 S. 1379 commemoration of the tercentenary of At the request of Mrs. FEINSTEIN, her At the request of Mr. JOHNSON, the the birth of Benjamin Franklin, and for name was added as a cosponsor of S.J. name of the Senator from Missouri other purposes. Res. 32, a joint resolution to provide

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.034 S22PT1 S9526 CONGRESSIONAL RECORD — SENATE September 22, 2004 for Congressional disapproval of cer- (Mr. BAUCUS) was added as a cosponsor as a ‘‘consistent champion of privacy tain regulations issued by the Office of of S. Res. 431, a resolution expressing rights,’’ then-Senator Ashcroft says the Comptroller of the Currency, in ac- the sense of the Senate that the United ‘‘We should guarantee that the federal cordance with section 802 of title 5, Nations Security Council should imme- government does not undermine an in- United States Code. diately consider and take appropriate dividual’s fundamental right to privacy S. CON. RES. 8 actions to respond to the growing . . . Without privacy protections in At the request of Ms. COLLINS, the threats posed by conditions in Burma place, people may be discouraged from name of the Senator from New York under the illegitimate rule of the State seeking help or taking advantage of (Mr. SCHUMER) was added as a cospon- Peace and Development Council. the access to health care.’’ I agree. But unlike Attorney General sor of S. Con. Res. 8, a concurrent reso- f lution designating the second week in Ashcroft, I believe preserving patient may each year as ‘‘National Visiting STATEMENTS ON INTRODUCED privacy entails more than issuing a Nurse Association Week’’. BILLS AND JOINT RESOLUTIONS press release. Patient privacy doesn’t S. CON. RES. 127 By Mrs. CLINTON: end when it conflicts with a political At the request of Mr. SCHUMER, the S. 2827. A bill to amend the Federal agenda, no matter how deeply felt that name of the Senator from Pennsyl- Rules of Evidence to create an explicit conviction. vania (Mr. SPECTER) was added as a co- privilege to preserve medical privacy, Throughout this Administration, we sponsor of S. Con. Res. 127, a concur- to the Committee on the Judiciary. have seen Attorney General Ashcroft rent resolution expressing the sense of Mrs. CLINTON. Mr. President, today, disregard civil liberties in the name of Congress that the President should des- I rise to introduce the Patients’ Pri- preventing terrorism. But through this ignate September 11 as a national day vacy Protection Act, legislation that action, we see him disregarding civil of voluntary service, charity, and com- will close a loophole in the Federal rights in the name of outlawing abor- passion. Rules of Evidence and ensure that tion. This is a very slippery slope that, if unchecked, could affect not just S. CON. RES. 136 every American’s medical records re- women seeking reproductive At the request of Mr. CONRAD, the main confidential. I want to acknowl- names of the Senator from Montana edge my friend Congressman NADLER healthcare, but all Americans. Over the past few months, the Department of (Mr. BAUCUS), the Senator from Mary- who is introducing the House com- Justice has asserted that federal law land (Ms. MIKULSKI), the Senator from panion to this bill today as well as Sen- does not recognize the doctor-patient Pennsylvania (Mr. SANTORUM) and the ators CORZINE, WYDEN, LAUTENBERG, privilege, and that individuals no Senator from New Mexico (Mr. BINGA- BOXER, JEFFORDS, and MIKULSKI who longer have a reasonable expectation of MAN) were added as cosponsors of S. join me as original cosponsors of this Con. Res. 136, a concurrent resolution critical measure. medical privacy. These are alarming honoring and memorializing the pas- I began exploring this issue when I statements. Thankfully, Attorney General sengers and crew of United Airlines learned that Attorney General John Ashcroft is not being allowed to run Flight 93. Ashcroft had subpoenaed the confiden- roughshod over our right to privacy tial medical records from thousands of S. RES. 408 and medical confidentiality. On March women around the country to defend At the request of Mr. SMITH, the 5, 2004, a San Francisco court ruled the first-ever Federal abortion ban in name of the Senator from Montana that the Department of Justice has no Federal court. The fact that the women (Mr. BURNS) was added as a cosponsor right to view the records in question in in question were not a party to the of S. Res. 408, a resolution supporting the Planned Parenthood Federation of lawsuits did not deter him. the construction by Israel of a security America lawsuit against the abortion Such a deliberate intrusion into peo- fence to prevent Palestinian terrorist ban. The decision issued by Judge ple’s medical privacy record is deeply attacks, condemning the decision of Phyllis Hamilton soundly affirmed disturbing. Americans deserve full con- the International Court of Justice on women’s right to privacy. She said, fidence that the government is not the legality of the security fence, and ‘‘There is no question that the patient looking into their medical records. urging no further action by the United is entitled to privacy and protection. Nations to delay or prevent the con- Without such an assurance, how will . . . Women are entitled to not have the struction of the security fence. Americans trust their doctors? What government looking at their records.’’ S. RES. 424 procedures, discussions, and diagnoses Nevertheless, we cannot take a At the request of Mr. CRAIG, the will they avoid for fear that these chance that once again, when it suits names of the Senator from Colorado records could shame them or adversely the political or ideological interests of (Mr. CAMPBELL), the Senator from Ken- impact their future if unearthed? this Administration or Administra- tucky (Mr. BUNNING), the Senator from At issue in this bill is what a reason- tions to come, the federal government Wisconsin (Mr. KOHL), the Senator able person should expect when they will intrude upon the most personal of from West Virginia (Mr. BYRD) and the walk into a doctor’s office. That person information. That is why I stand before Senator from Alabama (Mr. SESSIONS) expects that what they say to her doc- you today. were added as cosponsors of S. Res. 424, tor stays with her doctor. Only because The Patient Privacy Protection Act a resolution designating October 2004 of that confidence are people able to be of 2004 is very simple. It states that a as ‘‘Protecting Older Americans From honest. And only through that honesty patient’s medical records and any com- Fraud Month’’. are people able to obtain the munication about their medical his- S. RES. 427 healthcare they need. tory are confidential unless a judge de- At the request of Mr. SARBANES, the The right to private medical records termines that the public interest in name of the Senator from Hawaii (Mr. is an issue that, in rhetoric at least, those records being made public sig- INOUYE) was added as a cosponsor of S. has broad support on both sides of the nificantly outweighs the patient’s Res. 427, a resolution congratulating partisan divide. In fact, it was Presi- privilege. In the cases where a judge or- the citizens of Greece, the members of dent Bush himself who, as recently as ders the records to be disclosed, the the Athens 2004 Organizing Committee 2001 during a statement on the Medical court shall, to the extent practicable, for the Olympic and Paralympic Privacy Rule said, ‘‘I believe that we eliminate any and all personally iden- Games, the International Olympic must protect both vital health care tifiably information. Committee, the United States Olympic services and the right of every Amer- I am pleased to be introducing this Committee, the 2004 United States ican to have confidence that his or her simple, straightforward, common-sense Olympic Team, athletes from around personal medical records will remain piece of legislation. I do not believe the world, and all the personnel who private.’’ there is a Member of either Chamber of participated in the 2004 Olympic Sum- Even Attorney General Ashcroft has Congress who in good faith could op- mer Games in Athens, Greece. made strong statements in support of pose this measure, and I look forward S. RES. 431 the privacy of medical records. Back in to working with my colleagues, Rep- At the request of Mrs. FEINSTEIN, the 1998, in a press release put out by his resentative NADLER and others to see it name of the Senator from Montana Senate office in which he is referred to enacted into law expediently.

VerDate Aug 04 2004 02:33 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.035 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9527 By Mr. MCCAIN (for himself, Mr. zation activities by Federal political Opponents of campaign reform like FEINGOLD, Mr. LIEBERMAN, and committees would have to be hard to point out that the activities of these Mr. SCHUMER): money from their Federal account. 527s serve as proof that the Bipartisan S. 2828. A bill to amend the Federal More importantly, the funds raised for Campaign Reform Act of 2002 (BCRA) Election Campaign Act of 1971 to define their non-federal account would have has failed in its stated purpose to political committee and clarify when to come from individuals and would be eliminate the corrupting influence of organizations described in section 527 limited to no more than $25,000 per soft money in our political campaigns. of the Internal Revenue Code of 1968 year per donor. Corporations and labor Let me be perfectly clear on this. The must register as political committees, unions could not contribute to these 527 issue has nothing to do with BCRA, and for other purposes; to the Com- non-federal accounts. To put it in sim- it has everything to do with the 194 law mittee on Rules and Administration. ple terms, a George Soros could give and the failure of the FEC to do its job Mr. MCCAIN. Mr. President, I am $25,000 per year as opposed to $10 mil- and properly regulate the activities of pleased to be joined by my good friend lion to finance these activities. these groups. and colleague from Wisconsin, Senator Let me be perfectly clear on one As further evidence of the FEC’s lack FEINGOLD, and our good friends who point here. Our proposal will not shut of capability, let me quote from a cou- lead the campaign finance reform fight down 527s, it will simply require them ple of recent court decisions which in the House, Representatives SHAYS to abide by the same Federal regula- highlight this agency’s shortcomings. and MEEHAN, in introducing a bill to tions every other Federal political First, in its decision upholding the con- end the illegal practice of 527 groups committee must abide by in spending stitutionality of BCRA in McConnell v. spending soft money on ads and other money to influence Federal elections. FEC, the U.S. Supreme Court stated activities to influence Federal elec- It is unfortunate that we even need that the FEC had ‘‘subverted’’ the law, tions. to be here introducing this bill today. issued regulations that ‘‘permitted As my colleagues know, a number of This legislation would not be necessary more than Congress had ever in- 527 groups have been raising and spend- if it weren’t for the abject failure of tended,’’ and ‘‘invited widespread cir- ing substantial amounts of soft money the FEC to enforce existing laws. As cumvention’’ of FECA’s limited on con- in a blatant effort to influence the out- my colleagues well know, some organi- tributions. Additionally, just this past come of this year’s Presidential elec- zations, registered under section 527 of Saturday, a federal district court judge tion. These activities are illegal under the Internal Revenue Code, have had a threw out 15 of the FEC’s regulations existing laws, and yet once again, the major impact on this year’s presi- implementing BCRA. Among the rea- Federal Election Commission (FEC) dential election by raising and spend- sons for her actions were that one pro- has failed to do its job and has refused ing illegal soft money to run ads at- vision ‘‘severely undermines FECA’’ to do anything to stop these illegal ac- tacking both President Bush and Sen- and would ‘‘foster corruption’’, another tivities. Therefore, we must pursue all ator KERRY. The use of soft money to ‘‘runs completely afoul’’ of current possible steps to overturn the FEC’s finance these activities is clearly ille- law, another would ‘‘render the statute misinterpretation of the campaign fi- gal under current statute, and the fact largely meaningless’’ and, finally, that nance laws, which is improperly allow- that they have been allowed to con- another had ‘‘no rational basis.’’ ing 527 groups whose purpose is to in- tinue unchecked is unconscionable. The track record of the FEC is clear, fluence Federal elections to spend soft The blame for this lack of enforce- and by their continued stonewalling, money on these efforts. ment does not lie with the Congress, the Commission has proven itself to be Last week, we filed a lawsuit to over- nor with the Administration. The nothing more than a bureaucratic turn the FEC’s failure to issue regula- blame for this continuing illegal activ- nightmare, and the time has come to tions to stop these illegal practices by ity lies squarely with the FEC. This put an end to its destructive tactics. 527 groups. President Bush and his agency has a duty to issue regulations The FEC has had ample, and well docu- campaign filed a similar lawsuit to properly implement and enforce the mented, opportunities to address the against the FEC last week as well, and nation’s campaign laws—and the FEC issue of the 527s illegal activities, and I also appreciate President Bush’s sup- has failed, and it has failed miserably each time they have taken a pass, port for the legislative effort we begin to carry out that responsibility. The choosing instead to delay, postpone, today on 527s. We are introducing legis- Supreme Court found that to be the and refuse to act. lation that will accomplish the same case in its McConnell decision and Enough is enough. It is time to stop result. We are going to follow every Judge Kollar-Kotelly found that to be wasting taxpayer’s dollars on an agen- possible avenue to stop 527 groups from cy that runs roughshod over the will of effectively breaking the law, and doing the case in her recent decision over- turning 15 regulations incorrectly the Congress, the Supreme Court, the what they are already prohibited from American people, and the Constitution. doing by longstanding laws. adopted by the FEC to implement the new BCRA law. That is why a Los An- We’ve fought too long and too hard to The bill we introduce today is sim- sit back and allow this worthless agen- geles Times editorial today stated ply. It would require that all 527s reg- cy to undermine the law. that, ‘‘her decision would make a fit- ister as political committees and com- So, here is the bottom line: if the ply with Federal campaign finance ting obituary for an agency that de- FEC won’t do its job, and its commis- laws, including Federal limits on the serves to die.’’ sioners have proven time and time It should be clear by now why we contributions they receive, unless the again that they won’t, then we’ll do it have introduced legislation to abolish money they raise and spend is only in for them. The bill Senator FEINGOLD the FEC and replace it with a new en- connection with non-Federal candidate and I introduce today will put an end forcement agency. And we will be con- elections, State or local ballot initia- to the abusive, illegal practices of ducting a major effort starting at the tives, or the nomination or confirma- these 527s. And we will fight beginning beginning of next year to enact our bill tion of individuals to non-elected of- next year to replace this rogue agency fices. to get a new, true enforcement agency with a real enforcement agency. Additionally, this legislation would and to pass the 527 reform act we are I urge my colleagues to support swift set new rules for Federal political com- introducing today. We are not going to passage of these bills and put an end to mittees that spend funds on voter mo- allow the destructive FEC to continue this problem once and for all. bilization efforts effecting both federal to undermine the nation’s campaign fi- Mr. President, I ask unanimous con- and local races and, therefore, use both nance laws as it has been consistently sent that the text of the bill be printed a federal and a non-Federal account doing for the past two decades. In the in the RECORD. under FEC regulations. The new rules mean time, given the unmitigated fail- There being no objection, the bill was would prevent unlimited soft money ure of this agency, I believe that its ordered to be printed in the RECORD, as from being channeled into Federal Chair, Bradley Smith and its Vice follows: election activities by these Federal po- Chair, Ellen Weintraub, should resign S. 2828 litical committees. and recognize that they have failed to Be it enacted by the Senate and House of Rep- Under the new rules, at least half of carry out their responsibilities as pub- resentatives of the United States of America in the funds spent on these voter mobili- lic officials. Congress assembled,

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.038 S22PT1 S9528 CONGRESSIONAL RECORD — SENATE September 22, 2004 SECTION 1. SHORT TITLE. SEC. 3. CERTAIN EXPENSES BY MAJOR PURPOSE disbursements for solicitation of funds and ORGANIZATIONS TREATED AS EX- for planning and administration of actual This Act may be cited as the ‘‘527 Reform PENDITURES. Act of 2004’’. fundraising events, where Federal and non- (a) IN GENERAL.—Section 301(9)(A)(i) of the Federal funds are collected through such SEC. 2. TREATMENT OF SECTION 527 ORGANIZA- Federal Election Campaign Act of 1971 (2 program or event shall be paid with funds U.S.C. 431(9)(A)(i)) is amended by inserting ‘‘, TIONS. from a Federal account, except that for a including any amount described in section (a) DEFINITION OF POLITICAL COMMITTEE.— separate segregated fund such costs may be 325(b)’’ after ‘‘office’’. paid instead by its connected organization. Section 301(4)(A) of the Federal Election (b) APPLICABLE COMMUNICATIONS.—Section Campaign Act of 1971 (2 U.S.C. 431(4)(A)) is 325 of the Federal Election Campaign Act of ‘‘(C) At least 50 percent of the expenses for amended to read as follows: 1971 (as added by section 2(b)) is amended by public communications or voter drive activi- ‘‘(A) any committee, club, association, or adding at the end the following new sub- ties that refer to a political party, but do not other group of persons that— section: refer to any clearly identified Federal or ‘‘(i) during one calendar year, receives con- ‘‘(b) CERTAIN EXPENDITURES FOR MAJOR non-Federal candidate, shall be paid with tributions aggregating in excess of $1,000 or PURPOSE ORGANIZATIONS.— funds from a Federal account. makes expenditures aggregating in excess of ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(D) 100 percent of the expenses for public $1,000; and a purchase, payment, distribution, loan, ad- communications or voter drive activities ‘‘(ii) has as its major purpose the nomina- vance, deposit, or gift of money or anything that refer to a political party, and refer to tion or election of one or more candidates;’’. of value for— one or more clearly identified Federal can- (b) DEFINITION OF MAJOR PURPOSE FOR SEC- ‘‘(A) a public communication that refers to didates, but do not refer to any clearly iden- TION 527 ORGANIZATIONS.—Title III of the a clearly identified candidate for Federal of- tified non-Federal candidates, shall be paid Federal Election Campaign Act of 1971 (2 fice or to a political party (regardless of with funds from a Federal account. U.S.C. 431 et seq.) is amended by adding at whether a candidate for State or local office ‘‘(E) At least 50 percent of the expenses for the end the following new section: is also mentioned or identified) and that pro- public communications or voter drive activi- motes, supports, attacks, or opposes a can- ties that refer to a political party, and refer ‘‘SEC. 325. DEFINITIONS AND RULES FOR DETER- didate for that office or a political party (re- to one or more clearly identified non-Federal MINING ORGANIZATIONS AND DIS- candidates, but do not refer to any clearly BURSEMENTS INFLUENCING FED- gardless of whether the communication ex- ERAL ELECTIONS. pressly advocates a vote for or against a can- identified Federal candidates, shall be paid didate), or with funds from a Federal account, except ‘‘(a) MAJOR PURPOSE OF SECTION 527 ORGA- ‘‘(B) voter registration activity, voter that this subparagraph shall not apply to NIZATIONS.—For purposes of section identification, get-out-the-vote activity, or communications or activities that relate ex- 301(4)(A)— generic campaign activity conducted in con- clusively to elections where no candidate for ‘‘(1) IN GENERAL.—A committee, club, asso- nection with an election in which a can- Federal office appears on the ballot. ciation, or group of persons that— didate for Federal office appears on the bal- ‘‘(F) At least 50 percent of the expenses for ‘‘(A) is an organization described in section lot (regardless of whether a candidate for public communications and voter drive ac- 527 of the Internal Revenue Code of 1986, and State or local office also appears on the bal- tivities that refer to one or more clearly ‘‘(B) is not described in paragraph (2), lot), identified candidates for Federal office and has as its major purpose the nomination or shall be an expenditure under section one or more clearly defined non-Federal can- election of one or more candidates. 301(9)(A)(i) if made by, or on behalf of, a po- didates, without regard to whether the com- ‘‘(2) EXCEPTED ORGANIZATIONS.—Subject to litical committee (as defined in section munication refers to a political party, shall paragraph (3), a committee, club, associa- 301(4)) or a committee, club, association, or be paid with funds from a Federal account. tion, or other group of persons described in other group of persons for which the nomina- ‘‘(3) QUALIFIED NON-FEDERAL ACCOUNT.—For this paragraph is— tion or election of one or more candidates is purposes of this subsection— ‘‘(A) an organization described in section its major purpose. ‘‘(A) IN GENERAL.—The term ‘qualified non- 527(i)(5) of the Internal Revenue Code of 1986, ‘‘(2) EXCEPTION.—Any funds used for pur- Federal account’ means an account which or poses described in paragraph (1) that, in ac- consists solely of amounts— ‘‘(B) any other organization which is one of cordance with allocation rules set forth in ‘‘(i) that, subject to the limitations of sub- the following: section 325(c), are disbursed from a non-Fed- paragraphs (B) and (C), are raised by the sep- ‘‘(i) A committee, club, association, or eral account shall not be treated as expendi- arate segregated fund or nonconnected com- other group of persons whose election or tures.’’. mittee only from individuals, and nomination activities relate exclusively to ‘‘(ii) with respect to which all other re- SEC. 4. RULES FOR ALLOCATION OF EXPENSES elections where no candidate for Federal of- BETWEEN FEDERAL AND NON-FED- quirements of Federal, State, or local law fice appears on the ballot. ERAL ACTIVITIES. are met. ‘‘(ii) A committee, club, association, or Section 325 of the Federal Election Cam- ‘‘(B) LIMITATION ON INDIVIDUAL DONA- other group of persons that is organized, op- paign Act of 1971 (as added by section 2(b) TIONS.— erated, and makes disbursements exclusively and amended by section 3) is amended by ‘‘(i) IN GENERAL.—A separate segregated for one or more of the following purposes: adding at the end the following: fund or nonconnected committee may not ‘‘(I) Influencing the selection, nomination, ‘‘(c) ALLOCATION AND FUNDING RULES FOR accept more than $25,000 in funds for its election, or appointment of one or more can- EXPENSES OF SEPARATE SEGREGATED FUNDS qualified non-Federal account from any one didates to non-Federal offices. AND NONCONNECTED COMMITTEES RELATING TO individual in any calendar year. ‘‘(II) Influencing one or more State or local FEDERAL AND NON-FEDERAL ACTIVITIES.— ‘‘(ii) AFFILIATION.—For purposes of this ballot initiatives, State or local referenda, ‘‘(1) IN GENERAL.—In the case of any dis- subparagraph, all qualified non-Federal ac- State or local constitutional amendments, bursements by any separate segregated fund counts of separate segregated funds or non- State or local bond issues, or other State or or nonconnected committee for which alloca- connected committees which are directly or local ballot issues. tion rules are provided under paragraph (2)— indirectly established, financed, maintained, ‘‘(III) Influencing the selection, appoint- ‘‘(A) the disbursements shall be allocated or controlled by the same person or persons ment, nomination, or confirmation of one or between Federal and non-Federal accounts in shall be treated as one account. more individuals to non-elected offices. accordance with this subsection and regula- ‘‘(C) FUNDRAISING LIMITATION.—No dona- ‘‘(IV) Paying expenses described in the last tions prescribed by the Commission, and tion to a qualified non-Federal account may sentence of section 527(e)(2) of the Internal ‘‘(B) in the case of disbursements allocated be solicited, received, directed, transferred, Revenue Code of 1986 or expenses of a news- to non-Federal accounts, may be paid only or spent by or in the name of any person de- letter fund described in section 527(g) of such from a qualified non-Federal account. scribed in subsection (a) or (e) of section 323. Code. ‘‘(2) COSTS TO BE ALLOCATED AND ALLOCA- ‘‘(4) VOTER DRIVE ACTIVITY AND FEDERAL AC- ‘‘(3) SECTION 527 ORGANIZATIONS MAKING CER- TION RULES.—Disbursements by any separate COUNT DEFINED.—For purposes of this sub- TAIN DISBURSEMENTS.—A committee, club, segregated fund or nonconnected committee section— association, or other group of persons de- in connection with Federal and non-Federal ‘‘(A) VOTER DRIVE ACTIVITY.—The term scribed in paragraph (2)(B) shall not be con- elections for any of the following categories ‘voter drive activity’ means any of the fol- sidered to be described in such paragraph for of activity shall be allocated as follows: lowing activities conducted in connection purposes of paragraph (1)(B) if it makes dis- ‘‘(A) At least 50 percent of any administra- with an election in which a candidate for bursements for a public communication that tive expenses, including rent, utilities, office Federal office appears on the ballot (regard- promotes, supports, attacks, or opposes a supplies, and salaries not attributable to a less of whether a candidate for State or local clearly identified candidate for Federal of- clearly identified candidate shall be paid office also appears on the ballot): fice during the period beginning on the first with funds from a Federal account, except ‘‘(i) Voter registration activity. day of the calendar year preceding the cal- that for a separate segregated fund such ex- ‘‘(ii) Voter identification. endar year in which the general election for penses may be paid instead by its connected ‘‘(iii) Get-out-the-vote activity. the office sought by the clearly identified organization. ‘‘(iv) Generic campaign activity. candidate occurs and ending on the date of ‘‘(B) At least 50 percent of the direct costs ‘‘(B) FEDERAL ACCOUNT.—The term ‘Federal the general election.’’. of a fundraising program or event, including account’ means an account which consists

VerDate Aug 04 2004 02:25 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.041 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9529 solely of contributions subject to the limita- portion of the expenses of activities (6) raises and spends money exclusively to tions, prohibitions, and reporting require- that affect both Federal and non-Fed- influence state or local ballot initiatives, ments of this Act. Nothing in this subsection eral elections. Our bill sets new alloca- referenda, constitutional amendments, bond or in section 323(b)(2)(B)(iii) shall be con- tion rules that will make sure that issues, or other ballot measures; strued to infer that a limit other than the (7) raises and spends money exclusively to limit under section 315(a)(1)(C) applies to these allocable activities are paid for influence the selection, appointment, nomi- contributions to the account.’’. with at least 50 percent hard money. nation, or confirmation of individuals to SEC. 5. CONSTRUCTION. Finally, the bill makes an important non-elected offices. No provision of this Act, or amendment change with respect to the non-Federal An organization that makes a disburse- made by this Act, shall be construed— portion of the allocable activities. We ment for a public communication that pro- (1) as approving, ratifying, or endorsing a put a limit of $25,000 per year on the motes, supports, attacks or opposes a clearly regulation promulgated by the Federal Elec- contributions that can be accepted for identified candidate for Federal office during tion Commission, or that non-Federal account. And we pro- the two-year election cycle of that candidate (2) as establishing, modifying, or otherwise cannot qualify for exceptions (2)–(7) above. hibit corporate or union funds from Section 3. Certain Expenses by Major Pur- affecting the definition of political organiza- being given to those non-Federal ac- tion for purposes of the Internal Revenue pose Organizations Treated as Expenditures. Code of 1986. counts. So no more will million dollar This section supplements the definition of SEC. 6. EFFECTIVE DATE. soft money contributions be used to ‘‘expenditure’’ for any organization whose The amendments made by this Act shall pay for get-out-the-vote efforts in the ‘‘major purpose’’ is the nomination or elec- take effect on January 1, 2005. Presidential campaign. tion of one or more candidates. (This goes to the other portion of the test for ‘‘political Mr. FEINGOLD. Mr. President, I am Nothing in this bill will affect 501(c) advocacy groups. The bill only applies committee’’ status: whether a group with a pleased to once again be working with ‘‘major purpose’’ to influence federal elec- my partner in reform, the Senator to groups that claim a tax exemption under section 527. And it would be ef- tions spends $1,000 in ‘‘expenditures’’ in a from Arizona, Senator MCCAIN, and year.) also with the Senator from Con- fective in the next election cycle, not Payments for the following activities by necticut, Senator LIEBERMAN, who was this one. ‘‘major purpose’’ organizations, which under so instrumental in getting the 527 dis- The soft money loophole was opened Section 2 include 527 organizations involved closure bill passed in 2000. We are in- by FEC rulings in the late ’70s. By the in Federal elections, will be considered ex- penditures: troducing today the 527 Reform Act of time we started work on BCRA, the problem had mushroomed and led to (1) public communications that promote, 2004. This bill will do what the FEC the scandals we saw in the 1996 cam- support, attack, or oppose a clearly identi- could and should do under current law, paign. When we passed BCRA, I said we fied Federal candidate or a political party; but, once again, has failed to do. (2) voter registration activity, voter identi- It sometimes seems like our mission would have to be vigilant to make sure fication, get-out the vote activity, or generic in life is to clean up the mess that the that the FEC enforced the law and that campaign activity conducted in connection FEC has made. We had to do that with similar loopholes did not develop. That with an election where a Federal candidate is what we have been doing for the past appears on the ballot. BCRA, the Bipartisan Campaign Re- Section 4. Rules for Allocation of Expenses form Act, which passed in 2002, closing 2 years, and what are again doing today. Between Federal and Non-Federal Can- the soft money loophole that the FEC I have no doubt that if we don’t act didates. This section provides allocation created in the late ’70s and expanded in on this 527 problem now, we will see rules for political committees (other than candidate committees or political party the ’90s. We are doing it again with the the problem explode into scandals over regulations that the FEC put in place committees) that engage in both Federal and the next few election cycles. This time non-Federal election activities. If a political after BCRA passed. Just this past we’re not going to wait. weekend an extraordinary court deci- committee engages in activities that men- I ask unanimous consent that the tion a clearly identified Federal candidate or sion came down that threw out 15 of text of our bill and a section-by-section candidates, or a political party generally, it the 19 FEC regulations challenged by analysis be printed in the RECORD. must fund at least 50% of those activities Representatives SHAYS and MEEHAN in There being no objection, the anal- from a Federal account that contains only a lawsuit under the Administrative ysis was ordered to be printed in the hard money, even if such activities also men- Procedures Act. That decision was an RECORD, as follows: tion, or are for the benefit of, non-Federal candidates. The other portion may be funded extraordinary rebuke to a Federal 527 REFORM ACT OF 2004 SECTION-BY-SECTION from a ‘‘qualified non-Federal account.’’ An agency. ANALYSIS activity that mentions both Federal can- And now we are here to introduce a Section 1. Short Title. The bill may be bill that will make absolutely clear didates and a political party generally must cited as the ‘‘527 Reform Act of 2004.’’ be paid for entirely with hard money. These Section 2. Treatment of Section 527 Orga- that the Federal election laws apply to allocation rules apply to administrative ex- nizations. This section revises the definition 527 organizations. Let me emphasize penses, the costs of fundraising programs or of ‘‘political committee’’ in the Federal one thing. We believe that current Fed- events, public communications, and voter eral election law requires these groups Election Campaign Act (‘‘FECA’’) to add the requirement that an organization ‘‘has as its drive activities, which are defined in this to register as political committees and major purpose the nomination or election of section as voter registration, voter identi- stop raising and spending soft money. one or more candidates.’’ This language is fication, get out the vote, and generic cam- But the FEC has failed to enforce the taken from the Supreme Court’s decision in paign activities. The section also provides that contribu- Buckley v. Valeo, which added this ‘‘major law, saying it is too complicated or tions to ‘‘qualified non-Federal accounts’’ purpose’’ test to the existing statutory defi- that it is too late in the election cycle used to pay the non-Federal portion of ex- nition that a ‘‘political committee’’ is a to take action. Those excuses are unac- penses that are allocated under this section group that raises or spends $1,000 or more in ceptable, so we must act in the Con- must come only from individuals and may a year in contributions or expenditures to in- not exceed $25,000 per donor per year. ($25,000 gress. fluence federal elections. The ‘‘major pur- per year is the same contribution limit that This bill will require all 527s to reg- pose’’ test has not previously been codified. ister as political committees unless This section also provides that 527 organi- applies to contributions by individuals to na- they fall into a number of narrow ex- zations have the ‘‘major purpose’’ of nomi- tional party committees.) Individuals can ceptions. The exceptions are basically nating or electing candidates, and thus sat- contribute $5,000 per donor per year to the isfy that portion of the test for political Federal account of political committees. for groups that Congress exempted Section 5. Construction. This section pro- from disclosure requirements because committee status, unless they meet one of the following exceptions: vides that the 527 Reform Act shall not be they are so small or for groups that are (1) has annual receipts of less than $25,000; construed as approving, ratifying, or endors- involved exclusively in State election (2) is the campaign committee of a non- ing any regulation issued by the FEC. It activity. Federal candidate; therefore will have no effect on pending liti- Once a group registers as a political (3) is a state or local party committee; gation concerning regulations issued by the committee, certain activities such as (4) is devoted exclusively to election ac- FEC to implement the Bipartisan Campaign ads that mention only Federal can- tivities relating to an election where no can- Reform Act of 2002. The Act also shall not be construed to establish, modify, or otherwise didates will have to be paid for solely didate for federal office appears on the bal- lot; affect the definition of political organization with hard money. But the FEC permits (5) raises and spends money exclusively for for purposes of the Internal Revenue Code. Federal political committees to main- the selection, nomination, election or ap- Section 6. Effective Date. The amendments tain a non-Federal account to pay a pointment of non-Federal candidates; made by the 527 Reform Act shall take effect

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.041 S22PT1 S9530 CONGRESSIONAL RECORD — SENATE September 22, 2004 on January 1, 2005. They will have no effect away their right to put their message By addressing the comprehensive on the 2004 elections. on the air. All this reform would re- needs of homeless individuals, the Sa- Mr. LIEBERMAN. Mr. President, I quire from 527s is to follow the same maritan Initiative will help reduce in- rise today as a cosponsor of the legisla- rules as other political advocacy cidents of chronic homelessness. Ac- tive efforts of my friends and col- groups when it comes to raising and cording to the Interagency Council on leagues Senators MCCAIN and FEINGOLD spending money on federal elections. Homelessness, this 10 percent of the to close the ‘‘527’’ loophole that threat- The money must come from individ- homeless population consumes more ens the health of our Federal elections uals in amounts no larger than $5,000, than half of the resources. The Samari- by allowing unlimited amounts of soft with no contributions from corpora- tan Initiative will help provide the money to dictate the terms of debate tions or unions allowed. flexible resources necessary to move in defiance of the letter and spirit of If the 527 groups’ support is as wide- chronically homeless individuals into the McCain-Feingold Bipartisan Cam- spread as they claim, they will have no stable, permanent, supportive housing, paign Reform Act. problem getting their message out. which will in turn free up other re- These 527 groups have become noth- We started the job in 2000. We knew sources. ing more than multi-million dollar it was not enough. Now it’s time to fin- For many years now I have been a megaphones advocating the special in- ish the job and get unlimited soft strong advocate for the Government terests of wealthy individuals and money out of the system. Performance and Results Act, which groups. And it will only get worse in The voices of millions of average requires a focus on outcomes through years to come. Americans should not be reduced to a clear, measurable goals. I am pleased 527 groups have been growing since whisper because they can’t afford the to say that the Samaritan Initiative the mid-1990s thanks to loopholes re- price of the pulpit. embodies this outcome-based focus and And the voices of a few should not sulting in part from puzzling decisions requires visible, measurable, quantifi- shout like thunder because they have by the Internal Revenue Service and able performance outcomes in reducing the money to command the air waves. the Federal Election Commission. and ending homelessness. A focus on The 527 groups would get tax-exempt outcomes, rather than case manage- status from the IRS by claiming they By Mr. ALLARD (for himself and ment or process, also allows for new, existed to influence elections. But then Mrs. DOLE): innovative solutions to chronic home- they would avoid election disclosure S. 2829. A bill to establish a grant lessness. This will ensure that taxpayer laws by denying to the Federal Elec- program administered under an agree- tion Commission they were trying to ment among the Secretaries of Housing dollars are spent in a responsible, effec- influence elections because they did and Urban Development, Health and tive manner. I am proud to say that the Samaritan not use the magic words like ‘‘vote Human Services, and Veterans Affairs, Initiative is supported by The U.S. for’’ or ‘‘vote against.’’ in consultation with the U.S. Inter- The result was a tax exemption for agency Council on Homelessness, to ad- Conference of Mayors, The National groups influencing Federal campaigns, dress the goal of ending chronic home- Association of Counties, The National but a lack of disclosure so voters did lessness through coordinated provision League of Cities, The Enterprise Foun- not know who the groups were, who of housing, health care, mental health dation, The National Alliance for the they gave their money to and where and substance abuse treatment, and Mentally Ill, the National AIDS Hous- they got their money from. supportive and other services, includ- ing Coalition, The National Alliance to Congress partially closed this loop- ing assistance in accessing non-home- End Homelessness, The Corporation for hole in June 2000, by passing the first less specific benefits and services, and Supportive Housing, the Association significant campaign finance reform for other purposes; to the Committee for Service Disabled Veterans, the Na- measure in a quarter century. This leg- on Banking, Housing, and Urban Af- tional Coalition for Homeless Veterans, islation was passed out of the Govern- fairs. and many other groups. I look forward ment Affairs Committee, of which I Mr. ALLARD. Mr. President, I rise to working with them, along with my was chairman at the time, and signed today to introduce the Samaritan Ini- colleagues in the Senate, to end chron- into law later that year by President tiative Act of 2004, and I am pleased to ic homelessness in America. Clinton. have Senator DOLE join me in this ef- I ask unanimous consent that the The new law required 527 groups to fort. The Samaritan Initiative would text of the bill be printed in the give notice of their intent to claim tax- mark the beginning of a new, collabo- RECORD. exempt status; to disclose information rative approach in the Federal effort to There being no objection, the bill was about their large contributors and ex- end chronic homelessness. ordered to be printed in the RECORD, as penditures; and to file annual informa- The Initiative would create a follows: tional returns along the lines of those groundbreaking joint effort between S. 2829 filed by virtually all other tax-exempt the Department of Housing and Urban Be it enacted by the Senate and House of Rep- organizations. Development, the Department of resentatives of the United States of America in But this only partially closed this Health and Human Resources, and the Congress assembled, loophole. Despite the McCain-Feingold Department of Veterans Affairs. Each SECTION 1. SHORT TITLE. campaign finance reforms, 527s can department would contribute money to This Act may be cited as the ‘‘Samaritan still raise unlimited amounts of cash a joint fund and would coordinate in Initiative Act of 2004’’. from just a few wealthy individuals or the effort to end chronic homelessness. SEC. 2. SAMARITAN INITIATIVE. groups whose interests and motiva- This coordinated approach will stream- Title IV of the McKinney-Vento Homeless line the grants application process and Assistance Act (42 U.S.C. 11136 et seq.) is tions are likely unknown to the Amer- amended by adding at the end the following: ican public. The Federal Election Com- will ensure consistent standards. It ‘‘Subtitle H—Samaritan Initiative mission could have closed this loophole will also ensure that each department continues to provide its own particular ‘‘SEC. 495. PURPOSE. but has failed to act despite massive ‘‘The purpose of this subtitle is to author- evidence that 527s are skirting Federal expertise. I am hopeful that other Fed- ize competitive grants for coordinated com- election law. eral agencies will join in the effort as prehensive housing, treatment, and support This is both an end-run around our well. services to chronically homeless persons— campaign finance laws as well as a di- Homeless individuals often have ‘‘(1) to reduce the prevalence of chronic rect assault on our democracy. Elec- needs far beyond simple shelter; they homelessness; tions should be determined by millions may need assistance with healthcare, ‘‘(2) to support promising strategies to of individual voters who cast their bal- substance abuse, mental illness, job move chronically homeless persons in urban lots uninfluenced by the millions of training, or other basics of life. Pro- and rural communities from the streets to viding shelter without any supportive safe, permanent housing; dollars of advertising paid for a by a ‘‘(3) to provide for integrated systems of few individuals or groups with special services may fail to address some of services to improve the effectiveness of pro- interests. the underlying problems that can cause grams serving chronically homeless persons; Reform of the 527 loophole does not an individual to become, and remain, ‘‘(4) to promote self-sufficiency and recov- mean silencing these groups or taking homeless. ery among chronically homeless persons; and

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‘‘(5) to encourage programs serving chron- Columbia, the Commonwealth of Puerto ‘‘(2) PERFORMANCE ASSESSMENT.— ically homeless persons to promote access to Rico, the Virgin Islands, Guam, American ‘‘(A) IN GENERAL.—The interagency imple- Federal, State, and local non-homeless spe- Samoa, the Northern Mariana Islands, or mentation and monitoring team shall estab- cific programs of assistance for which such any agency or instrumentality thereof that lish such performance standards, perform- persons are eligible. is established pursuant to legislation and ance measures, and annual reporting require- ‘‘SEC. 495A. DEFINITIONS. designated by the chief executive officer to ments, and make such performance reviews ‘‘For purposes of this subtitle, the fol- act on behalf of the State with regard to pro- and audits as may be necessary or appro- lowing definitions shall apply: visions of this subtitle. priate— ‘‘(1) CHRONICALLY HOMELESS PERSON.—The ‘‘(12) UNIT OF GENERAL LOCAL GOVERN- ‘‘(i) to determine whether a grantee has term ‘chronically homeless person’ means an MENT.—The term ‘unit of general local gov- carried out its activities in a timely manner unaccompanied individual with a disabling ernment’ means— and in accordance with the applicable re- condition who— ‘‘(A) a city, town, township, county, par- quirements of this subtitle; ‘‘(A) has been sleeping in 1 or more places ish, village, or other general purpose polit- ‘‘(ii) to assess the effectiveness of a grantee not meant for human habitation, or in 1 or ical subdivision of a State; and in accomplishing the objectives of this sub- more emergency homeless shelters, for ‘‘(B) any agency or instrumentality thereof title; and that is established pursuant to legislation longer than 1 year; or ‘‘(iii) for other purposes as the interagency and designated by the chief executive officer ‘‘(B) has had 4 or more periods of homeless- implementation and monitoring team deter- to act on behalf of the jurisdiction with re- ness that, in total, have lasted more than 3 mines significant with respect to the per- gard to provisions of this subtitle. years. formance assessment of a grantee. ‘‘SEC. 495B. GRANT AUTHORITY AND ADMINIS- ‘‘(2) DISABLING CONDITION.—The term ‘dis- ‘‘(B) PROVISION OF SUPPORT AND STAFF.— TRATION. abling condition’ means a diagnosable sub- The Secretary of Veterans Affairs may pro- ‘‘(a) IN GENERAL.—The participating Fed- stance use disorder, serious mental illness, eral agencies shall enter into a cooperative vide program monitoring and evaluation developmental disability, or chronic physical agreement to make and administer competi- services and staff to participating Federal illness or disability, including the co-occur- tive grants to eligible entities, including agencies. In such cases, participating Fed- rence of 2 or more of such conditions, that faith-based and community-based organiza- eral agencies may reimburse the Department limits the ability of an individual to work or tions, in accordance with the provisions of of Veterans Affairs for the cost of such staff perform one or more activities of daily liv- this subtitle for the purpose of providing and services. ing. treatment and support services that are co- ‘‘(f) PROVISIONS AND REQUIREMENTS APPLI- ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible ordinated with the provision of housing for CABLE TO GRANTS UNDER THIS SUBTITLE.— entity’ means a State, unit of general local chronically homeless persons. ‘‘(1) IN GENERAL.—A grantee under this government, public housing agency, local ‘‘(b) DELEGATIONS.—No provision of this subtitle shall establish and operate a system workforce investment board, or private non- subtitle shall limit the ability of the partici- of assistance to chronically homeless persons profit organization, including a faith-based pating Federal agencies to delegate, assign, or community-based organization. or share administrative responsibilities as that identifies such persons and provides ‘‘(4) ELIGIBLE VETERAN.—The term ‘eligible the participating Federal agencies may de- them access to affordable permanent housing veteran’ means a person who served in the termine to be necessary or appropriate. that is coordinated with appropriate treat- active United States military, naval, or air ‘‘(c) COORDINATION AMONG PARTICIPATING ment and support. service, and who was discharged or released FEDERAL AGENCIES.—The Secretary of Hous- ‘‘(2) REQUIRED GRANTEE ACTIVITIES.—A under conditions other than dishonorable. ing and Urban Development shall coordinate grantee under this subtitle shall carry out, ‘‘(5) HOMELESS MANAGEMENT INFORMATION with the participating Federal agencies to directly or through arrangements with a net- SYSTEM.—The term ‘homeless management implement and administer the grant pro- work of other entities, activities relating to information system’ shall means a comput- gram established under this subtitle. the housing, treatment, and support of erized data collection application main- ‘‘(d) INTERAGENCY IMPLEMENTATION AND homeless persons, which may include the fol- tained by an eligible entity, that— MONITORING TEAM.—The participating Fed- lowing: ‘‘(A) enumerates the homeless population eral agencies shall establish an interagency ‘‘(A) HOUSING ACTIVITIES.—Eligible activi- within the jurisdiction of the eligible entity implementation and monitoring team to re- ties specified in section 495C(a) that ensure view and conduct oversight of the award of and the number of homeless individuals that the placement of chronically homeless per- grants, and the use of grant funds awarded received services from the eligible entity; sons in safe, affordable, permanent housing. under this subtitle. Each participating Fed- and ‘‘(B) TREATMENT AND SUPPORT ACTIVITIES.— eral agency shall appoint appropriate des- ‘‘(B) compiles information on the charac- Eligible activities specified in section ignees to serve on the interagency imple- teristics and service needs of homeless indi- 495D(a) to address the multiple physical mentation and monitoring team. health, mental health, and substance abuse viduals. ‘‘(e) COORDINATION REQUIREMENTS.— treatment needs of chronically homeless per- ‘‘(6) HOMELESSNESS.—The term ‘homeless- ‘‘(1) IN GENERAL.—In carrying out this sub- sons who are eligible for or residents in hous- ness’ means sleeping in a place not meant for title, the interagency implementation and human habitation or in an emergency home- monitoring team shall, as appropriate and to ing under section 495C(a). less shelter. the extent feasible, establish uniform or co- ‘‘(C) SERVICE COORDINATION.—Activities, in- ‘‘(7) INTERAGENCY IMPLEMENTATION AND ordinated requirements, standards, proce- cluding those coordinated with local plan- MONITORING TEAM.—The term ‘interagency dures, and timetables with respect to— ning bodies, that promote the access of eligi- implementation and monitoring team’ ‘‘(A) application procedures and grant re- ble chronically homeless persons to a range means the interagency implementation and quirements, including those providing for— of services that contribute to self-suffi- monitoring team established under section ‘‘(i) a single consolidated application form; ciency, recovery, employment, stability in 495B(d). and housing, and access to health care. ‘‘(8) PARTICIPATING FEDERAL AGENCY.—The ‘‘(ii) a single timetable, location, and pro- ‘‘(D) ADMINISTRATION.—Administrative and term ‘participating Federal agency’ means cedure for filing of a consolidated applica- planning activities, including the develop- the Departments of Housing and Urban De- tion; ment and implementation of comprehensive velopment, Health and Human Services, and ‘‘(B) criteria for the award of grants; plans for housing and services at the grantee Veterans Affairs, or any other Federal agen- ‘‘(C) a coordinated process for review and level with costs not to exceed 6 percent of cy that may receive appropriations for pur- the approval or denial of the consolidated total costs of carrying out the program poses of participating under the provisions of application; under this subtitle. this subtitle. ‘‘(D) the establishment of performance ‘‘(E) OTHER SERVICES.—Such services and ‘‘(9) PRIVATE NONPROFIT ORGANIZATION.— standards and measures of performance out- activities as the participating Federal agen- The term ‘private nonprofit organization’ comes, including— cies may find necessary and appropriate. means a private organization— ‘‘(i) the requirement that the Secretary of ‘‘(3) CRITERIA FOR GRANT AWARD.—In award- ‘‘(A) no part of the net earnings of which Housing and Urban Development attempt to ing grants under this subtitle, the partici- inures to the benefit of any member, found- quantify the reduction in chronic homeless- pating Federal agencies shall consider— er, contributor, or individual; ness; and ‘‘(A) the extent to which the applicant ‘‘(B) that has a voluntary board; and ‘‘(ii) the requirement that, where applica- demonstrates an understanding of the unique ‘‘(C) that has an accounting system or a ble, the grantees utilize a homeless manage- characteristics of chronically homeless per- designated fiscal agent in accordance with ment information system; sons; requirements established by the partici- ‘‘(E) oversight, including monitoring, au- ‘‘(B) the adequacy of the approach of the pating Federal agencies. dits, and evaluations of grantees, and re- applicant in addressing the needs of the ‘‘(10) PUBLIC HOUSING AGENCY.—The term quirements for annual reports by grantees; chronically homeless; ‘public housing agency’ has the same mean- and ‘‘(C) the capacity of the applicant to carry ing as in section 3(b)(6) of the United States ‘‘(F) such other factors that the inter- out and sustain required activities; Housing Act of 1937 (42 U.S.C. 1437a(b)(6)). agency implementation and monitoring ‘‘(D) where services are to be provided ‘‘(11) STATE.—The term ‘State’ means any team determines are necessary or appro- through a network of entities, the adequacy State of the United States, the District of priate. of the qualifications of such entities, and the

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.045 S22PT1 S9532 CONGRESSIONAL RECORD — SENATE September 22, 2004 stated willingness of such entities, to col- Housing and Urban Development may re- scribe such terms and conditions as the Sec- laborate and participate in carrying out pro- ceive such funds. retary considers necessary to prevent grant- posed activities; ‘‘(2) RULE OF CONSTRUCTION.—Notwith- ees from unduly benefiting from the sale or ‘‘(E) the extent to which the applicant has standing subsection (g), in the event that other disposition of projects, other than a been involved in Federal, State, or local non- funds are not appropriated for use in accord- sale or other disposition resulting in the use homeless specific programs of assistance ance with this subtitle to one or more par- of a project for the direct benefit of chron- that could provide additional assistance to ticipating Federal agencies in any fiscal ically homeless persons. eligible chronically homeless persons; year, paragraph (1) shall not be construed to ‘‘(2) HOMELESS MANAGEMENT INFORMATION ‘‘(F) the commitment and the dem- require a participating Federal agency that SYSTEM.—Each grantee shall be required to onstrated ability of the applicant to achieve has been provided with budget authority pur- provide such information to the appropriate the reduction in the number of chronically suant to subsection (g) in a fiscal year to use administrator of the local homeless manage- homeless persons; and such budget authority to fund grants for ac- ment information system, as is necessary for ‘‘(G) such additional factors as the partici- tivities that are not in accordance with the the implementation and operation of home- pating Federal agencies may determine sig- primary mission of such participating Fed- less management information systems. nificant or necessary with respect to the po- eral agency. ‘‘SEC. 495D. TREATMENT AND SUPPORT SERV- tential success of the applicant in carrying ‘‘(i) TECHNICAL ASSISTANCE AND SUPPORT.— ICES. out the purposes of this subtitle. In addition to funds otherwise provided for ‘‘Subject to section 495B, a grant under ‘‘(4) INITIAL TERM OF GRANT.—Notwith- agency administrative costs, not more than 2 this subtitle shall be used to provide treat- standing any other provision of law, each percent of amounts appropriated for the ac- ment and support services, which may in- grant awarded under this section shall be for tivities under this subtitle may be used by clude the following: an initial term of 3 years. the participating Federal agencies for ad- ‘‘(1) PRIMARY HEALTH SERVICES.—Primary ‘‘(5) GRANT RENEWAL.—Upon the expiration ministrative costs, including costs associ- health services, including the following: of a grant under this section, the partici- ated with— ‘‘(A) PHYSICIAN AND OTHER SERVICES.— pating Federal agencies may award, on a ‘‘(1) providing technical assistance to ap- Health services related to family medicine, competitive basis, a renewal grant under this plicants and grantees; and internal medicine, pediatrics, obstetrics, or subtitle for an additional 3-year term, sub- ‘‘(2) providing support and assistance in se- gynecology that are furnished by physicians ject to the continued qualification of the lecting and assessing projects to carry out and where appropriate, physicians’ assist- grantee for the grant as determined by the this subtitle, including any preparation nec- ants, nurse practitioners, or nurse midwives. participating Federal agencies. The amount essary for such selection and assessment. ‘‘(B) DIAGNOSTIC SERVICES.—Diagnostic lab- of a renewal grant under this paragraph may ‘‘SEC. 495C. HOUSING ACTIVITIES. oratory and radiological services. be up to 50 percent of the cost of the activi- ‘‘(a) ELIGIBLE HOUSING ACTIVITIES.—Sub- ‘‘(C) PREVENTIVE SERVICES.—Preventive ties to be carried out by the grantee. ject to section 495B, a grant under this sub- health services. ‘‘(6) FEDERAL MATCHING.— title shall be used for activities in support of ‘‘(D) EMERGENCY SERVICES.—Emergency ‘‘(A) IN GENERAL.—A grant under this sub- permanent housing for chronically homeless medical services. title shall be available to pay the Federal persons, including the following: ‘‘(E) ACCESS TO PHARMACEUTICAL SERV- share of the costs incurred by the grantee for ‘‘(1) PROVISION OF HOUSING.— ICES.—Access to pharmaceutical services. activities under this subtitle. ‘‘(A) ACQUISITION.—The acquisition of occu- ‘‘(2) ALCOHOL AND DRUG ABUSE SERVICES.— ‘‘(B) FEDERAL SHARE.—For purposes of sub- pancy-ready real property. Services or activities designed to prevent, paragraph (A), the Federal share shall be— ‘‘(B) REHABILITATION.—The minor rehabili- deter, reduce, or eliminate substance abuse ‘‘(i) 75 percent of the cost of the program tation of real property for housing. or addictive behaviors, including a com- for the first year of the grant; ‘‘(C) OPERATING COSTS.—The costs of oper- prehensive range of personal and family ‘‘(ii) 75 percent for the second year of the ating a housing project, including salaries counseling methods, early interventions, grant; and and benefits, maintenance, insurance, utili- methadone treatment for opiate abusers, or ‘‘(iii) 50 percent for each succeeding year, ties, replacement reserve accounts, and fur- detoxification for alcohol and other drug including each year of a renewal grant term nishings. abusers, and treatment services such as in- under paragraph (5). ‘‘(D) LEASING.—Leasing of an existing take and assessment, behavioral therapy and ‘‘(C) NON-FEDERAL SHARE.—The non-Fed- structure or structures, or portions thereof counseling, clinical and case management, eral share of costs incurred by the grantee to provide housing. pharmacotherapies, and self-help and peer may be in cash or in-kind, as appropriate. ‘‘(E) HOUSING COUNSELING.—The costs of support activities. ‘‘(7) GEOGRAPHIC DISTRIBUTION.—The par- counseling and advice services with respect ‘‘(3) MENTAL HEALTH AND COUNSELING SERV- ticipating Federal agencies shall ensure that to property maintenance, financial manage- ICES.—Mental health and counseling serv- consideration is given to geographic dis- ment, and other such matters as may be ap- ices, including services and activities that tribution (such as urban and rural areas) in propriate to assist chronically homeless per- apply therapeutic processes to personal, fam- the awarding of grants under subsection (a). sons in obtaining housing. ily, or situational problems in order to bring ‘‘(8) DISCLOSURE.—Section 12(a) of the De- ‘‘(2) RENTAL ASSISTANCE.—Project-based or about a positive resolution of the problem or partment of Housing and Urban Development tenant-based rental assistance for chron- improved individual functioning or cir- Act (42 U.S.C. 3537a(a)) shall not apply to ically homeless persons, which assistance cumstances, including crisis interventions, this subtitle. shall be provided to the extent practicable, individual supportive therapy, and prescrip- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— and administered in the manner provided tion of psychotropic medications or expla- ‘‘(1) FISCAL YEAR 2005.—There are author- under the rules and regulations governing nations about the use and management of ized to be appropriated to carry out this sub- the provision of assistance under section 8 of medications. title $70,000,000 for fiscal year 2005, of the United States Housing Act of 1937 (42 ‘‘(4) OUTREACH AND ENGAGEMENT.—Out- which— U.S.C. 1437f). reach services including extending services ‘‘(A) $50,000,000 is authorized to be appro- ‘‘(3) OTHER ACTIVITIES.—Such other activi- or help to homeless persons to develop a re- priated to the Department of Housing and ties as the Secretary of Housing and Urban lationship of trust and engage such persons Urban Development; Development determines to be appropriate. into appropriate service programs. ‘‘(B) $10,000,000 is authorized to be appro- ‘‘(b) PROGRAM REQUIREMENTS FOR HOUSING ‘‘(5) INFORMATION AND REFERRAL.—Services priated to the Department of Health and ACTIVITIES.— or activities designed to provide information Human Services; and ‘‘(1) REQUIREMENTS CONCERNING REAL PROP- about services and assistance provided ‘‘(C) Not more than $10,000,000 is authorized ERTY.— through public and private programs, includ- from the amounts to be appropriated to the ‘‘(A) USE RESTRICTION.—Each grantee ing Federal, State and local non-homeless Department of Veterans Affairs for treat- under this subtitle shall ensure that perma- targeted programs that provide or finan- ment of homeless veterans under medical nent housing for chronically homeless per- cially support the provision of medical, so- care to carry out section 495D. sons that are acquired or rehabilitated with cial, educational, or other related services, ‘‘(2) FISCAL YEARS 2006, 2007, AND 2008.—There grant amounts under this subtitle is used for and a brief assessment of client needs to fa- are authorized to be appropriated to carry such persons for not less than 10 years. cilitate appropriate referrals. out this subtitle such sums as may be nec- ‘‘(B) HOUSING QUALITY.—Each grantee ‘‘(6) CASE MANAGEMENT.—Case management essary for each of fiscal years 2006, 2007, and under this subtitle shall ensure that housing services and activities, including the ar- 2008. assisted with grant amounts provided under rangement, coordination, monitoring, and ‘‘(h) AUTHORITY TO CONSOLIDATE FUNDS.— this subtitle is decent, safe, and sanitary, delivery of services to meet the needs of in- ‘‘(1) IN GENERAL.—For purposes of carrying and complies with all applicable State and dividuals who are homeless, including indi- out this subtitle, and in accordance with the local housing codes, building codes, and li- vidual service plan development, counseling, agreement under subsection (a), the partici- censing requirements in the jurisdiction in monitoring, securing and coordinating serv- pating Federal agencies are authorized to which the housing is located. ices. transfer to the Secretary of Housing and ‘‘(C) PREVENTION OF UNDUE BENEFIT.—Sub- ‘‘(7) OTHER SERVICES.—Such other services Urban Development funds appropriated for ject to section 495B(e), the Secretary of as the Secretary of Health and Human Serv- use under this subtitle, and the Secretary of Housing and Urban Development may pre- ices determines appropriate.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.045 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9533 ‘‘SEC. 495E. VETERANS’ BENEFITS. the profit and loss pressures affecting SEC. 3. EXTENSION TO ALL GOVERNMENTAL ‘‘Subject to section 495B, the Secretary of the private sector. Governments offer PLANS OF CURRENT MORATORIUM ON APPLICATION OF CERTAIN NON- Veterans Affairs is authorized to provide eli- redress for grievances under their own gible veterans with case management serv- DISCRIMINATION RULES APPLICA- ices. judicial systems. Elected officials who BLE TO STATE AND LOCAL PLANS. ‘‘SEC. 495F. AUTHORITY OF OTHER FEDERAL are responsible for government benefit (a) IN GENERAL.— AGENCIES TO PARTICIPATE UNDER programs are directly accountable to (1) Subparagraph (G) of section 401(a)(5) THIS SUBTITLE. their constituents via the ballot box. and subparagraph (H) of section 401(a)(26) of ‘‘Federal agencies other than the partici- Governments often offer more generous the Internal Revenue Code of 1986 are each pating Federal agencies may participate in benefit plans for key officers, such as amended by striking ‘‘section 414(d))’’ and all the grant program established under this judges, legislators, and key executive that follows and inserting ‘‘section 414(d)).’’. subtitle to the extent that funds are appro- (2) Subparagraph (G) of section 401(k)(3) of priated for such purpose to each agency.’’. personnel as a means to gain the valu- such Code and paragraph (2) of section 1505(d) able services of these skilled individ- of the Taxpayer Relief Act of 1997 are each By Mr. SMITH (for himself, Mr. uals. They also offer special pensions amended by striking ‘‘maintained by a State BINGAMAN, Mr. CONRAD, Mr. for public safety officers who can retire or local government or political subdivision DASCHLE, Mr. HATCH, and Mr. at a relatively young age and short pe- thereof (or agency or instrumentality there- THOMAS): riod of service. This flexibility is im- of)’’. S. 2831. A bill to amend the Internal possible without the special relief pro- (b) CONFORMING AMENDMENTS.— Revenue Code of 1986 and the Employee vided governmental plans. (1) The heading for section 401(a)(5)(G) of Retirement Income Security Act of Indian tribal governments meet all such Code is amended to read as follows: 1974 to clarify that federally recognized the special protections, conditions, and ‘‘(G) GOVERNMENTAL PLANS.—’’. (2) The heading for section 401(a)(26)(H) of Indian tribal governments are to be needs I have described. This legislation such Code is amended to read as follows: regulated under the same government clarifies once and for all that they ‘‘(H) EXCEPTION FOR GOVERNMENTAL employer rules and procedures that should be afforded the same treatment PLANS.—’’. apply to Federal, State, and other local as their state and local government (3) Section 401(k)(3)(G) of such Code is government employers with regard to counterparts. amended by inserting ‘‘GOVERNMENTAL the establishment and maintenance of Passage of this legislation is an im- PLAN.—’’ after ‘‘(G)’’. employee benefit plans; to the Com- portant step in the fight to protect the SEC. 4. CLARIFICATION THAT TRIBAL GOVERN- mittee on Finance. sovereignty of Indian country and to MENTS ARE SUBJECT TO THE SAME Mr. SMITH. Mr. President, I rise foster the ability of tribal governments DEFINED BENEFIT PLAN RULES AND REGULATIONS APPLIED TO STATE today to speak about the need to clar- to provide retirement security to their AND OTHER LOCAL GOVERNMENTS, ify the legal status of employee benefit employees and nation. I look forward THEIR POLICE AND FIREFIGHTERS. plans offered by Indian tribal govern- to President Bush signing this legisla- (a) AMENDMENTS TO INTERNAL REVENUE ments. tion into law. I ask unanimous consent CODE OF 1986.— In the past, the pension and welfare that the text of the legislation be (1) POLICE AND FIREFIGHTERS.—Subpara- benefit plans of Indian tribal govern- printed in the RECORD. graph (H) section 415(b)(2) of the Internal ments enjoyed the same status as There being no objection, the bill was Revenue Code of 1986 (defining participant) is amended— granted to state and local govern- ordered to be printed ion the RECORD, ments. However, in recent years, a (A) in clause (i) by inserting ‘‘, Indian trib- as follows: al government (as defined in section legal cloud has developed over the sta- S. 2831 7701(a)(40)),’’ after ‘‘State’’, and tus of these plans. Confusion has arisen Be it enacted by the Senate and House of Rep- (B) in clause (ii)(I) by inserting ‘‘, Indian regarding whether or not the existing resentatives of the United States of America in tribal government,’’ after ‘‘State’’ both definition of a governmental plan in- Congress assembled, places it appears. cludes plans sponsored by Indian tribal SECTION 1. SHORT TITLE. (2) STATE AND LOCAL GOVERNMENT PLANS.— governments. In part, this has been a This Act may be cited as the ‘‘Govern- (A) IN GENERAL.—Subparagraph (A) of sec- result of the Internal Revenue Serv- mental Pension Plan Equalization Act of tion 415(b)(10) of such Code (relating to limi- ice’s lack of guidance to tribal govern- 2004’’. tation to equal accrued benefit) is amended by inserting ‘‘, Indian tribal government (as ments on this issue; the inconsistent SEC. 2. CLARIFICATION OF ‘‘GOVERNMENTAL PLAN’’ DEFINITIONS. defined in section 7701(a)(40)),’’ after practice of granting governmental plan ‘‘State’’. status to plans sponsored by Indian (a) AMENDMENT TO INTERNAL REVENUE CODE OF 1986.—Section 414(d) of the Internal Rev- (B) CONFORMING AMENDMENT.—The heading tribal governments; and finally a Janu- enue Code of 1986 (definition of governmental for section 415(b)(10) of such Code is amended ary ‘‘no ruling’’ position by the Inter- plan) is amended by adding at the end there- to read as follows: nal Revenue Service that places many of the following new sentence: ‘‘The term ‘‘(10) SPECIAL RULE FOR STATE, INDIAN TRIB- plans in the status of operating with- ‘governmental plan’ also includes a plan es- AL, AND LOCAL GOVERNMENT PLANS.—’’. out a current determination letter rec- tablished or maintained for its employees by (3) GOVERNMENT PICK UP CONTRIBUTIONS.— Paragraph (2) of section 414(h) of such Code ognizing the legality of their plan. As a an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian (relating to designation by units of govern- result, many tribal governments have ment) is amended by inserting ‘‘, Indian trib- limited their offering of such welfare tribal government (determined in accordance with section 7871(d)), an agency or instru- al government (as defined in section and retirement benefits to employees. mentality of an Indian tribal government or 7701(a)(40)),’’ after ‘‘State’’. Today, I am introducing legislation— a subdivision thereof, or an entity estab- (b) AMENDMENTS TO EMPLOYEE RETIREMENT the Government Pensions Equalization lished under tribal, Federal, or State law INCOME SECURITY ACT OF 1974.—Section Act—to remove this legal uncertainty which is wholly owned or controlled by any 4021(b)of the Employee Retirement Income by amending the definition of a govern- of the foregoing.’’. Security Act of 1974 (29 U.S.C. 1321(b)) is mental plan to explicitly include plans (b) AMENDMENT TO EMPLOYEE RETIREMENT amended— offered by Indian tribal governments. INCOME SECURITY ACT OF 1974.—Section (1) in paragraph (12), by striking ‘‘or’’ at Indian tribes, like all employers, re- 3(32)of the Employee Retirement Income Se- the end; curity Act of 1974 (29 U.S.C. 1002(32)) is (2) in paragraph (13), by striking ‘‘plan.’’ quire legal certainty regarding the sta- amended by adding at the end the following and inserting ‘‘plan; or’’; and tus of their employee benefit under the new sentence: ‘‘The term ‘governmental (3) by adding at the end the following new Internal Revenue Code and ERISA. plan’ also includes a plan established or paragraph: Moreover, Indian tribes should be af- maintained for its employees by an Indian ‘‘(14) established and maintained for its forded the same sovereignty status tribal government (as defined in section employees by an Indian tribal government given state and local governments. 7701(a)(40) of the Internal Revenue Code of (as defined in section 7701(a)(40) of the Inter- Governmental plans are relieved 1986), a subdivision of an Indian tribal gov- nal Revenue Code of 1986), a subdivision of an from many of the requirements gov- ernment (determined in accordance with sec- Indian tribal government (determined in ac- erning the operation of tax qualified tion 7871(d) of such Code), an agency or in- cordance with section 7871(d) of such Code), strumentality of an Indian tribal govern- an agency or instrumentality of an Indian pension and welfare benefit plans. ment or subdivision thereof, or an entity es- tribal government or subdivision thereof, or There are several reasons for this re- tablished under tribal, Federal, or State law an entity established under tribal, Federal, lief. Governments exist for the benefit which is wholly owned or controlled by any or State law which is wholly owned or con- of their citizens and are not subject to of the foregoing.’’. trolled by any of the foregoing.’’.

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.045 S22PT1 S9534 CONGRESSIONAL RECORD — SENATE September 22, 2004 SEC. 5. EFFECTIVE DATE. Whereas the President has not complied erate the date by which the Fund The amendments made by this Act shall with the request of the Senators and instead would become insolvent. That is why apply to years beginning before, on, or after has reiterated his intention to move toward privatization almost inevitably leads the date of the enactment of this Act. the privatization of Social Security; and to deep cuts in benefits. Whereas the deep cuts in Social Security f benefits proposed by the Bush Social Secu- It is critical that this issue be fully discussed now—before the election. So SUBMITTED RESOLUTIONS rity Commission could jeopardize the finan- cial security of millions of Americans: Now, I will be looking for an opportunity to therefore, be it bring this resolution before the Senate SENATE RESOLUTION 432—EX- Resolved, That it is the sense of the Senate before the end of the year. I hope we that Congress should reject Social Security can kill this radical idea before it has PRESSING THE SENSE OF THE privatization proposals, including those that SENATE THAT CONGRESS a chance to get off the ground. require deep cuts in Social Security benefits, We must never accept any plan that SHOULD REJECT SOCIAL SECU- such as the proposals of President Bush’s So- takes the security out of Social Secu- RITY PRIVATIZATION PRO- cial Security Commission. rity. POSALS, INCLUDING THOSE Mr. CORZINE. Mr. President, today, f THAT REQUIRE DEEP CUTS IN along with Senator DASCHLE, Senator SOCIAL SECURITY BENEFITS, BAUCUS and Senator DURBIN, I am sub- NOTICES OF HEARINGS/MEETINGS SUCH AS THE PROPOSALS OF mitting a resolution that calls on the SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS PRESIDENT BUSH’S SOCIAL SE- Congress to reject Social Security pri- Mr. CRAIG. Mr. President, I would CURITY COMMISSION vatization plans, including those that like to announce for the information of Mr. CORZINE (for himself, Mr. BAU- require deep cuts in guaranteed bene- the Senate and the public that a hear- CUS, Mr. DURBIN, and Mr. DASCHLE) fits, such as the proposals by President ing has been scheduled before the Sub- submitted the following resolution; Bush’s Social Security Commission. committee on Public Lands and For- which was referred to the Committee For nearly 70 years, Social Security ests of the Committee on Energy and on Finance: has reflected the best of America’s val- Natural Resources. S. RES. 432 ues. Social Security promises Ameri- The hearing will be held Wednesday, Whereas Social Security is based on a cans that if you work hard, pay your September 29, at 2:30 p.m., in room SD– promise to the American people: if you work taxes, and play by the rules, you will 366 of the Dirksen Senate Office Build- hard and contribute to Social Security, you be able to retire and live in dignity. ing. will be able to retire and live in dignity; Social Security benefits are far from The purpose of the hearing is to re- Whereas Social Security is the primary lavish. The average retiree receives ceive testimony on the following bills: source of income for two-thirds of American only about $900 a month. That doesn’t S. 2378, to provide for the conveyance seniors; go far in many parts of the country— of certain public land in Clark County, Whereas Social Security benefits for re- certainly not in New Jersey. Unfortu- tired workers average only about $900 per NV, for use as a heliport; S. 2410, to month; nately, even the benefits promised promote wildland firefighter safety; Whereas $900 per month is insufficient to under current law are now at risk. H.R. 1651, to provide for the exchange maintain a decent standard of living in many President Bush says he wants to of land within the Sierra National For- parts of the United States, especially for sen- move toward privatization. But what est, CA, and for other purposes; H.R. iors with relatively high health care costs; he does not say is that shifting funds 2400, to amend the Organic Act of Whereas in 2001, President George W. Bush from the Social Security Trust Fund Guam for the purposes of clarifying the created the President’s Commission to into privatized accounts almost inevi- local judicial structure of Guam; H.R. Strengthen Social Security (referred to in tably leads to deep cuts in guaranteed this resolution as the ‘‘Bush Social Security 3874, to convey for public purposes cer- Commission’’), naming as Commission mem- benefits. tain Federal lands in Riverside County, bers only those who advocated Social Secu- To appreciate the depth of the cuts CA, that have been identified for dis- rity privatization, and mandating that the that flow from privatization, one need posal; H.R. 4170, to authorize the Sec- proposals put forward by the Commission in- only consider the privatization plans retary of the Interior to recruit volun- clude privatization of Social Security; developed by President Bush’s own So- teers to assist with, or facilitate, the Whereas the Bush Social Security Commis- cial Security Commission. That com- activities of various agencies and of- sion produced Social Security privatization mission included only proponents of fices of the Department of the Interior; proposals that required deep cuts in Social privatization selected by President Security benefits; and Senate Resolution 387, a resolution Whereas the Bush Social Security Commis- Bush, and it developed privatization commemorating the 40th Anniversary sion’s proposed changes could reduce Social plans that call for deep benefits cuts. of the Wilderness Act. Security benefits to future retirees by as According to the nonpartisan actuaries Because of the limited time available much as 46 percent; at the Social Security Administration, for the hearing, witnesses may testify Whereas under the Bush Social Security those cuts would exceed 25 percent for by invitation only. However, those Commission’s proposal, the cuts in Social some current workers. In the future, wishing to submit written testimony Security benefits would apply to all seniors, seniors could face a 45 percent cut in for the hearing record should send two not just those seniors who choose to partici- benefits. pate in privatized accounts; copies of their testimony to the Com- Whereas the cuts in Social Security bene- The President likes to argue that pri- mittee on Energy and Natural Re- fits could be even deeper if individuals do vatization is about choice. But there sources, U.S. Senate, Washington, D.C. shift funds to privatized accounts; would be no choice about these cuts— 20510–6150. Whereas privatization advocates attempt they would harm every senior. In fact, For further information, please con- to justify cuts in Social Security benefits by those who chose to participate in tact Dick Bouts at 202–224–7545, Frank pointing to future projected shortfalls in the privatized accounts would see their Gladics at 202–224–2878, or Amy Miller Social Security trust fund, but diversion of benefits cut even deeper. at 202–224–8276. payroll tax revenues from the trust fund into That is why, in response to the Bush privatized accounts would substantially ac- f Commission’s report, 50 members of celerate the date by which the Social Secu- AUTHORITY FOR COMMITTEES TO rity trust fund becomes insolvent; the Senate wrote to President Bush, Whereas in order to avoid accelerating the urging him to reject the Commission’s MEET insolvency of the Social Security trust fund, proposed cuts in benefits. Unfortu- COMMITTEE ON BANKING, HOUSING, AND URBAN the Bush Social Security Commission was nately, we have yet to receive a re- AFFAIRS forced to propose that the Federal Govern- sponse. Mr. ROBERTS. Mr. President, I ask ment incur as much as $4,700,000,000,000 in Privatization advocates try to justify unanimous consent that the Com- Federal debt (in today’s dollars) by 2041; cuts in Social Security by pointing to mittee on Banking, Housing, and Whereas in response to the Bush Social Se- curity Commission’s report, 50 members of future projected shortfalls in the Trust Urban Affairs be authorized to meet the Senate wrote to President Bush, urging Fund. But diverting payroll taxes from during the session of the Senate on him to reject the Commission’s proposed the Trust Fund only makes matters September 22, 2004, at 2 p.m., to con- cuts in Social Security benefits; worse, and would substantially accel- duct a hearing on ‘‘Examination and

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.047 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9535 Oversight of the Condition and Regula- sell Senate Office Building to conduct designees; that upon the use or yield- tion of the Insurance Industry.’’ a business meeting on pending Com- ing back of the time on that amend- The PRESIDING OFFICER. Without mittee matters, to be followed imme- ment without further intervening ac- objection, it is so ordered. diately by an oversight hearing on the tion or debate the Senate proceed to a COMMITTEE ON COMMERCE, SCIENCE, AND Contributions of Native American Code vote with respect to the amendment; TRANSPORTATION Talkers in American Military History. that upon disposition of the Reed-Sar- Mr. ROBERTS. Mr. President, I ask The PRESIDING OFFICER. Without banes amendment all time be yielded unanimous consent that the Com- objection, it is so ordered. back, the committee amendments be merce, Science, and Transportation COMMITTEE ON THE JUDICIARY agreed to, the bill, as amended, be read Committee be authorized to meet on Mr. ROBERTS. Mr. President, I ask a third time, and the Senate vote on Wednesday, September 22, 2004, at 9:30 unanimous consent that the Com- passage of the bill, with no intervening a.m., on pending committee business. mittee on the Judiciary be authorized action or debate. AGENDA to meet to conduct a hearing on The PRESIDING OFFICER. Is there Wednesday, September 22, 2004, at 9:30 objection? 1. S. 2541, NASA Authorization Act of a.m. on ‘‘A review of Counter-Ter- Mr. MCCONNELL. Reserving the 2004, Floyd DesChamps/Jean Toal rorism Legislation and Proposals, in- right to object, and I will have to ob- Eisen; cluding the USA and the ject because there is objection on our 2. S. 2393, A bill to improve transpor- SAFE Act’’ in the Dirksen Senate Of- side, we are prepared to pass the Rail tation security, Robert Chamberlin/ fice Building Room 226. Safety Act, S. 2273, without amend- Chris Bertram/Sam Whitehorn/Gael ment, but I am not at liberty to agree Sullivan; Witness List: to taking up the bill in the context 3. S. 1798, American Home Fire Safe- Panel I: The Honorable Larry Craig, that was suggested by my good friend ty Act, Ken Nahigian/David Strickland/ United States Senator, R–ID and The from Nevada. Therefore, I object. Cathy McCullough; Honorable Richard Durbin, United The PRESIDING OFFICER. The ob- 4. S. , Public Safety Spectrum Pro- States Senator, D–IL. jection is heard. posal, Bill Bailey/James Assey/Rachel Panel II: The Honorable James Mr. MCCONNELL. Mr. President, Welch; Comey, Deputy Attorney General, consistent with what I just said, I am 5. S. 1963, Wireless 411 Privacy Safety United States Department of Justice, going to propose a unanimous-consent Act, Bill Bailey/Paul Martino/James Washington, DC. agreement to which I am sure my good Assey/Rachel Welch; Panel III: The Honorable Bob Barr, friend will then object. I ask unani- 6. S. 1380, Rural Universal Service R–GA, former Member, United States mous consent that the Senate proceed Equity Act of 2003, Bill Bailey/James House of Representatives and Daniel to the immediate consideration of Cal- Assey/Rachel Welch; Collins, Esq., Munger, Tolles & Olson, endar No. 536, S. 2273, the rail safety 7. S. 2145, The Spy Block Act, Paul LLP, Los Angeles, CA. bill. Martino/James Assey/Rachel Welch; The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there 8. S. 2647, National Ocean Policy and objection, it is so ordered. objection? Leadership Act, Drew Minkiewicz/Mar- COMMITTEE ON THE JUDICIARY Mr. REID. Yes, I object. garet Spring; Mr. ROBERTS. Mr. President, I ask The PRESIDING OFFICER. The ob- 9. S. 2489, Coastal and Ocean Mapping jection is heard. Integration Act, Drew Minkiewicz/Mar- unanimous consent that the Com- garet Spring; mittee on the Judiciary be authorized f 10. S. 480, Training for Realtime to meet to conduct a hearing on DISTRICT OF COLUMBIA Writers Act of 2003, Bill Bailey/James Wednesday, September 22, 2004, at 3:30 APPROPRIATIONS ACT, 2005 p.m. on ‘‘Judiciary Nominations’’ in Assey/Rachel Welch; Mr. MCCONNELL. Mr. President, I 11. Nomination of Deborah P. the Dirksen Senate Office Building Room 226. ask unanimous consent that the Sen- Majoras, PN 1899, of Virginia, to be a ate now proceed to the consideration of Commissioner of the Federal Trade Witness List: Calendar No. 709, S. 2826, the District of Commission, Pablo Chavez/Ken Panel I: Senators. Columbia appropriations bill; that the Nahigian/Virginia Pounds/David Panel II: Christopher Boyko, to be bill be read a third time; that the Ap- Strickland/Cathy McCullough; United States District Judge for the propriations Committee then be dis- 12. Nomination of Jon D. Leibowitz, Northern District of Ohio. charged from further consideration of PN 1898, of Maryland, to be a Commis- The PRESIDING OFFICER. Without H.R. 4850, the House-passed DC appro- sioner of the Federal Trade Commis- objection, it is so ordered. priations bill, and the Senate proceed sion, Pablo Chavez/Ken Nahigian/Vir- f to its consideration. ginia Pounds/David Strickland/Cathy I further ask unanimous consent that McCullough; and UNANIMOUS-CONSENT REQUEST— all after the enacting clause of H.R. 13. Nominations for Promotion in the S. 2273 4850 be stricken; the text of S. 2826 be U.S. Coast Guard, PNs 1953, 1919, 1918, Mr. REID. Mr. President, I ask unan- inserted in lieu thereof; the bill, as 1917, 1876, 1856, Drew Minkiewicz/Vir- imous consent that the Senate proceed amended, be read a third time and ginia Pounds/Amy Fraenkel. to the immediate consideration of Cal- passed; and the motion to reconsider be The PRESIDING OFFICER. Without endar No. 536, which is S. 2273, at a laid upon the table. objection, it is so ordered. time to be determined by the majority I ask unanimous consent that the COMMITTEE ON FOREIGN RELATIONS leader, in consultation with the Demo- Senate insist on its amendment, re- Mr. ROBERTS. Mr. President, I ask cratic leader, but no later than Friday, quest a conference with the House on unanimous consent that the Com- October 1, and that the measure be the disagreeing votes of the two mittee on Foreign Relations be author- considered under the following limita- Houses, and the Chair be authorized to ized to meet during the session of the tions: There be 30 minutes equally di- appoint conferees on behalf of the Sen- Senate on Wednesday, September 22, vided and controlled in the usual form ate. 2004, at 2 p.m., to hold a nomination for debate on the bill and the com- Finally, I ask unanimous consent hearing. mittee-reported amendments; that the that S. 2826 then be returned to the cal- The PRESIDING OFFICER. Without only amendments in order other than endar. objection, it is so ordered. the committee-reported amendment be The PRESIDING OFFICER. Without COMMITTEE ON INDIAN AFFAIRS a Reed-Sarbanes transit amendment, objection, it is so ordered. Mr. ROBERTS. Mr. President, I ask the text of which is S. 2453; that there Mr. DEWINE. Mr. President, I thank unanimous consent that the Com- be 1 hour for debate on the amendment; the Senator from Louisiana, Ms. mittee on Indian Affairs be authorized that the time be equally divided and LANDRIEU, the ranking member on the to meet on Wednesday, September 22, controlled between the bill managers DC Appropriations Subcommittee, for 2004, at 9:30 a.m. in room 485 of the Rus- and the amendment sponsors or their her hard work and efforts in helping to

VerDate Aug 04 2004 02:52 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.050 S22PT1 S9536 CONGRESSIONAL RECORD — SENATE September 22, 2004 draft the appropriations bill before us symbol of our democracy, the District 1890 and overflows 60 to 70 times each today. This bill provides $560 million in of Columbia faces increased risks of year, dumping raw sewage into the Federal funds for the District of Co- terrorist attacks. Therefore, the bill Anacostia River. Clearly, the Federal lumbia and includes the city’s own includes security funding, including re- Government places a heavy burden on local budget of $6.2 billion. sources to complete a Unified Commu- this system and should help share the The funds in this bill focus on a num- nications Center, which will be the cen- cost of upgrading it. I believe these ber of key priorities for the District of ter for coordinated multi-agency re- small Federal contributions for infra- Columbia: First, improving the lives sponses in the event of regional and na- structure are important, but clearly and opportunities for children in the tional emergencies. The bill also con- the Federal Government must do more District; second, reducing and pre- tinues to provide funds to reimburse to help eliminate this structural im- venting crime in the District; and the city for increased police, fire, and balance that it has helped create. third, increasing security in our Na- emergency personnel costs associated I again thank Senator LANDRIEU. She tion’s capital. with events that occur in the District and I share the same concerns for the The bill continues an initiative we because of the presence of the Federal children and residents who live in the began last year to help improve the Government. District of Columbia, as well as the city’s long-troubled foster care system I take this opportunity to recognize millions of visitors who come here by providing funds for intensive inter- the city’s leadership in improving the every year to see America’s seat of vention when children first enter care; financial condition of the District. Re- government. She and I have worked as providing resources for early and con- cently, the District received a vote of close partners in writing this bill. To- tinued mental health services for all confidence from Wall Street when its gether, we have put together a bill that children in foster care; providing in- bonds were upgraded two steps from focuses on improving the well-being of centives to retain qualified social ‘‘BBB+’’ to ‘‘A’’. Despite this good news the District’s children and protecting workers and foster parents; and fund- about the city’s short-term financial the safety of all who live and work ing a new computer tracking system performance, I am well aware that the here. I thank the Senator from Lou- for children in foster care. city faces a long-term economic struc- isiana, and I turn to her now for her re- The bill also focuses on children by tural imbalance. This imbalance rep- marks. enhancing educational opportunities resents a gap between the District’s Ms. LANDRIEU. Mr. President, I am for inner-city students. We are con- ability to raise revenue at reasonable pleased to join Chairman DEWINE in tinuing to provide a total of $40 million tax rates and its ability to provide presenting the bipartisan fiscal year for three interrelated educational com- services of reasonable quality to its 2005 District of Columbia appropria- ponents: $13 million to promote excel- residents. tions bill to the Senate. The bill totals lence in traditional public schools; $13 I recognize that the structural imbal- $560 million, which is an increase of million to expand choice through high ance is driven by expenditure require- $18.3 million from fiscal year 2004. The quality charter schools; and $13 million ments and revenue restrictions which chairman and I moved this bill through for opportunity scholarships for low-in- are mostly beyond the control of the the full Appropriations Committee on come students in failing schools. District’s leadership. Clearly, the city’s Tuesday, September 21 by a near-unan- The second priority that this bill revenue capacity would be larger with- imous vote with no controversial funds crime fighting in the District. out Federal constraints on its taxing amendments. During our 3-year chair- The federal government entirely funds authority, such as its inability to tax man and ranking membership of the the D.C. Courts and the Court Services Federal property or the income of non- D.C. subcommittee, we have met many and Supervision Agency. The com- residents. policy and partisan challenges and re- mittee is providing a total of $337 mil- I agree that the city faces a troubling mained great friends. This year is truly lion for these agencies, which is $55 problem in the long-term. I want to an achievement of the chairman’s bi- million more than the fiscal year en- help close the financial gap and help partisan lead of this bill. We continue acted level. Most of these additional ensure the long-term economic health to marry our interests in strength- resources are for renovations and re- of our Nation’s capital. This is a Fed- ening education and child welfare in pairs to the City’s 4th oldest building, eral enclave, established by the Con- the District. the Historic Old Courthouse, which will stitution, and it must live by the con- Great communities need great make it habitable once again and pro- straints imposed on it by the Federal schools. This bill includes $26 million vide much-needed courtroom capacity. Government. I believe that the Federal for public education in support of the The bill also provides additional re- Government must recognize the costs committee’s goal to improve education sources to enhance supervision of high- it places on the city and the burden it in the District. Fifty years after the risk sex offenders, offenders with men- places on the city’s infrastructure, all landmark Brown v. the Board of Edu- tal health problems, and domestic vio- the while limiting the ability of the cation decision of the Supreme Court, 3 lence offenders. city to raise revenue. Indeed, many of years after enactment of the signifi- With this bill, we are beginning an the problems facing the District result cant No Child Left Behind Act, we are important federal investment in a new from it being the seat of the Federal still working to shape the two-sided forensics lab for the District of Colum- Government. face of public education, excellence and bia. Currently, the city must rely on This bill takes two small steps to failure, into a more equal experience the generosity of the FBI’s crime lab. begin to address the structural imbal- for children. The District’s schools Because of its own heavy workload, the ance. First, we are providing $4 million have been mired in years of changing Bureau limits the amount of evidence to assist the city with its annual oper- superintendents, management and that it can process for the city. With so ating payment to the Washington Met- oversight challenges. A new super- many unsolved rape, murder, and other ropolitan Transit Authority, com- intendent has been hired, Dr. Clifford violent crime cases in the District, a monly referred to as the ‘‘Metro’’. Janey, we are excited about his energy new crime lab is a crucial need. The District’s share of the Metro op- to reform and improve and want to The sobering fact is that, as the seat erating subsidy is $208 million. Whereas support his efforts as strongly as pos- of our Nation’s capital, the District of the State governments of Maryland sible. This bill includes certain tools Columbia is a target of bioterrorism and Virginia both help subsidize the to, hopefully, contribute to Dr. Janey’s attacks. And, those attacks must be in- Metro, the District does not have a work. vestigated. Indeed, the anthrax attacks State to help share the burden of this In our public schools we must recog- of 2001 and the ricin scare of 2004 have cost. In addition, many Federal work- nize and reward excellence. We must shown that a forensics lab is vital to ers use the Metro system to travel be- acknowledge and eliminate failure. public safety in the District and de- tween Federal buildings throughout This bill directs a total of $7 million serving of federal support. the workday. for a new incentive grant program for The final priority in this bill is im- Second, the bill provides $10 million public education improvement in both proving security in the District. As the for a combined sewer overflow system. traditional public schools and public seat of the federal government and as a The current system was constructed in charter schools. These grants will be

VerDate Aug 04 2004 02:52 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.054 S22PT1 September 22, 2004 CONGRESSIONAL RECORD — SENATE S9537 awarded to the principal of high per- ment; and higher attendance and fewer new family court, which embraces the forming or significantly improved pub- disciplinary problems. ideal of one family-one judge, is fully lic schools to reward their good work. Strengthening charter schools, which funded and we continue to provide for A reward is a powerful incentive to were created in the D.C. by Congress in their new building. In addition, the bill build on success and meet some of the the 1995 School Reform Act, is a pri- initiates a new investment in the ad- areas which can make their school mary tenant of our work to improve ministration of justice in the District thrive. These grants could be for a spe- education. Pursuant to Section 120 of by contributing $8 million to the con- cialized librarian, new books, and bo- P.L. 106–522, the Fiscal Year 2001 DC struction of a new forensics lab. This nuses for excellent teachers, or even to Appropriations Act, the local govern- laboratory will alleviate contract pres- support sports and recreation with a ment is prohibited from amending the sure D.C. imposes on other Federal new basketball court. It is entirely up School Reform Act. Therefore, Con- agencies, such as the FBI, to complete to the principal to decide. In addition, gress has continued our oversight re- local forensic work. The bill also con- the bill includes $5 million to support sponsibility of the charter school law tributes to security and emergency the very successful D.C. program to re- this year. The bill fortifies the environ- preparedness in the Nation’s capital constitute the schools designated as in ment where strong, accountable, aca- with $22 million to bolster the police need of improvement by the standards demically excellent charter schools and first responders. In addition to all of the No Child Left Behind Act. The flourish. of the important initiatives in the Dis- Transformation School Initiative has This bill includes language which trict this bill invests in, there is $13 successfully breathed new life into 15 of will encourage public schools to con- million for cleaning up the Anacostia the lowest performing public schools in vert to charter schools. The 1996 School River and providing recreation for the the District with innovative ways to Reform Act allows for traditional pub- entire region and $5 million for trans- reinvigorate teachers, reinvest parents, lic schools to petition to convert to a portation improvements. and get kids exciting about going to public charter school, if the teachers I want to thank the mayor of the Dis- school and excited about learning. We and parents in the community want a trict, Anthony Williams, the entire are very pleased to support these pro- more responsive and engaging school. council, particularly the Chair Linda Cropp, and the D.C. Delegate to Con- grams with $13 million for public However, to date, only one school, Paul gress ELEANOR HOLMES NORTON for schools as part of the $40 million Junior High, has exercised that option. their many contributions and advice in School Improvement Fund created last We are not trying to say that every developing this bill. They are great year. public school should be a charter partners for Chairman DEWINE and I to The second prong of the School Im- school, but we support if the commu- ensure the bill meet the needs of the provement Fund, $13 million for public nity of a particular school sees a ben- District. I appreciate the chairman’s charter school, is supported by robust efit in becoming a charter school and consideration and our ability to work support to strengthen the chartering can gain a majority consensus of that together on this bill. system. With 41 charters granted to community, a conversion is possible. The amendment was ordered to be date, the District has achieved the dis- In addition, we toughen oversight of engrossed and the bill to be read a tinction of having the highest number chartering boards to better screen ap- third time. of charter schools per capita. As such, plications and strengthen oversight of The bill (H.R. 4850), as amended, was the District is in a position to serve as existing schools. We think this will read the third time and passed, as fol- leader in the effort to use charter make a stronger public charter school lows: schools to spur system-wide improve- community, and should not create any (The bill will be printed in a future ment from within our system of public additional bureaucracy which would edition of the RECORD.) education. Senator DEWINE and I main- tamp down reform. Finally, we in- The Chair appointed Mr. DEWINE, tain our commitment to serve as a full cluded language which will improve ac- Mrs. HUTCHISON, Mr. BROWNBACK, Mr. and equal partner in this endeavor. cess to facilities for charter schools, STEVENS, Ms. LANDRIEU, Mr. DURBIN, It is important to note that while the which can be their greatest challenge. and Mr. INOUYE conferees on the part of primary reason for the rapid growth in The buildings in which children learn the Senate. the number of charter schools was the are just as critical as the other tools f unmet desire of education reformers to available to make these kids a success. MEASURE READ THE FIRST find a way to ‘‘step out of the box’’ Under the kind leadership of Chair- TIME—S. 2830 that had become our public school sys- man DEWINE, we have also invested in tem, charter schools are by definition the welfare of the most vulnerable chil- Mr. MCCONNELL. Mr. President, I independent public schools. With their dren in the District, those in the cus- understand that S. 2830 is at the desk. relative autonomy, charter schools are tody of the abuse and neglect welfare I ask its first reading. a way to provide greater educational system. Just in the last week, the Dis- The PRESIDING OFFICER. The choice and innovation while not aban- trict has suffered the loss of another clerk will read the bill for the first doning the public school system. Re- child, Angel Fleming, who was put in time. The legislative clerk read as follows: cent studies show that the existence of the custody of the Child and Family a charter school in a district not only A bill (S. 2830) to amend part A of title IV Services Agency. of the Social Security Act to promote increases the quality of education The bill supports our priority of re- healthy marriages and responsible father- available to the students served di- forming child welfare by providing the hood, and for other purposes. rectly by the charter school but in all tools necessary to the foster care sys- Mr. MCCONNELL. I ask for its second surrounding public schools. In addi- tem with $5 million. We are funding for reading, and in order to place the bill tion, charter schools provide a healthy early intervention services to try to on the calendar in accordance with rule dose of competition into the public keep kids with relatives, rather than XIV, I object to my own request. school system and have the effect of send them to temporary foster care The PRESIDING OFFICER. The bill accelerating reforms and improve- homes. The bill also continues to en- will be read the second time on the ments in traditional public schools. sure that all kids in foster care get next legislative day. Despite the increased challenge of mental health assessments and serv- f educating students with the greatest ices. Finally, Senator DEWINE has en- need, objective surveys and reports sured that an area often forgotten, fos- RESPONDING TO CONDITIONS IN show that the academic progress ter parents, receive the respite services BURMA UNDER THE ILLEGIT- among charter schools students out- necessary and promote grassroots fos- IMATE RULE OF THE STATE pacing that of their cohorts in tradi- ter parent recruiting and training ef- PEACE AND DEVELOPMENT tional public schools. Those successes forts. COUNCIL included gains in reading and math This bill meets our Federal responsi- Mr. MCCONNELL. I ask unanimous performances; test scores higher than bility to the criminal justice system consent the Foreign Relations Com- district, state and neighborhood and infrastructure investments re- mittee be discharged from further con- schools; increased parental involve- quested by the mayor and council. The sideration of S. Res. 431 and the Senate

VerDate Aug 04 2004 01:21 Sep 23, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.061 S22PT1 S9538 CONGRESSIONAL RECORD — SENATE September 22, 2004 proceed to its immediate consider- APPOINTMENT OF COMMITTEE TO Following morning business, we hope ation. ESCORT HIS EXCELLENCY AYAD to consider the Foreign Operations ap- The PRESIDING OFFICER. Without ALLAWI, PRIME MINISTER OF propriations bill. We have been work- objection, it is so ordered. The clerk THE INTERIM GOVERNMENT OF ing on an agreement and we hope to will report the resolution by title. THE REPUBLIC OF IRAQ have that language worked out by to- The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, I morrow morning. We would like to fin- A resolution (S. Res. 431) expressing the ish that legislation and consider the sense of the Senate that the United Nations ask unanimous consent that the Presi- dent of the Senate be authorized to ap- family friendly tax bill when that con- Security Council should immediately con- ference report becomes available some- sider and take appropriate actions to re- point a committee on the part of the spond to the growing threats posed by condi- Senate to join a like committee on the time tomorrow. Therefore, Senators tions in Burma under the illegitimate rule of part of the House of Representatives to can expect votes throughout the day. the State Peace and Development Council. escort His Excellency Ayad Allawi, Mr. REID. Mr. President, on the For- There being no objection, the Senate Prime Minister of the Interim Govern- eign Operations bill, we are anxious proceeded to consider the resolution. ment of the Republic of Iraq, into the and ready and willing to have an agree- Mr. MCCONNELL. Mr. President, I House Chamber for the joint meeting ment. We think the bill can be resolved ask unanimous consent the resolution tomorrow. very quickly, and we want the RECORD be agreed to, the preamble be agreed The PRESIDING OFFICER. Without to reflect our willingness to go to the to, the motion to reconsider be laid on objection, it is so ordered. bill tonight, tomorrow, anytime. We the table, and any statements be print- think it is very important that we get f ed in the RECORD. as many appropriations bills completed The PRESIDING OFFICER. Without MEASURE PLACED ON THE as possible. We are not in any way objection, it is so ordered. CALENDAR—S. 2823 standing in the way of this. There is no The resolution (S. Res. 431) was Mr. MCCONNELL. Mr. President, I objection on our side to going to this agreed to. understand there is a bill at the desk bill. The preamble was agreed to. that is due for its second reading. I also say that this Friday is the The resolution, with its preamble, most holy of all holidays for those of reads as follows: The PRESIDING OFFICER. The clerk will read the bill for a second the Jewish faith, Yom Kippur. We have S. RES. 431 time by title. a number of Senators who must travel Whereas the National League for Democ- The assistant legislative clerk read west that day to prepare for the holi- racy, headed by Daw , is as follows: day. They cannot make their transpor- the legitimately elected political leadership tation arrangements unless they can in Burma; A bill (S. 2823) to provide for the adjust- Whereas the ruling State Peace and Devel- ment of status of certain foreign agricultural leave here at 10:20 on Friday morning. opment Council, headed by General Than workers, to amend the Immigration and Na- The leader has spoken to some of the Shwe, and its affiliated organizations con- tionality Act to reform the H–2A worker pro- Jewish Members of the Senate and he tinue, through a variety of means, to violate gram under that Act, to provide a stable, recognizes the problem. We have this the human rights and dignity of the people legal agricultural workforce, to extend basic tax bill of which we know the impor- of Burma through murder, torture, rape, legal protections and better working condi- tance. But we have to let the high holy forced relocation, the employment of child tions to more workers, and for other pur- day take precedence over what has to poses. soldiers, the use of forced labor, and the ex- be done here on Friday. ploitation of child laborers; Mr. MCCONNELL. Mr. President, I Whereas the State Peace and Development I hope the two leaders and my distin- object to further proceedings on the guished friend on the floor now and the Council has detained over 1,300 prisoners of measure at this time in order to place conscience, including National League for Republican leader will take that into Democracy leaders and supporters of democ- the bill on the calendar under the pro- consideration. It has been brought to racy; visions of rule XIV. my attention by several Senators this Whereas, under the repressive rule of the The PRESIDING OFFICER. The bill afternoon. State Peace and Development Council, the will be placed on the calendar. Mr. MCCONNELL. Mr. President, let situation in Burma poses an immediate and f me say that there are Members on both growing threat to the Southeast Asia region, including through the unchecked spread of ORDERS FOR THURSDAY, sides of the aisle for whom Friday is an HIV/AIDS, the illicit production of, and traf- SEPTEMBER 23, 2004 exceedingly important day. We are cer- ficking in, narcotics, trafficking in persons, tainly aware of that. That is another and alleged efforts to purchase weapons from Mr. MCCONNELL. Mr. President, I good reason for finishing the family North Korea, China, and Russia; ask unanimous consent that when the friendly tax bill tomorrow night. We Whereas, at the 58th session of the United Senate completes its business today, it will press on and try to complete both Nations General Assembly, a resolution was adjourn until 11 a.m. on Thursday, Sep- Foreign Operations and the family adopted by the General Assembly that ex- tember 23. I further ask unanimous friendly tax bill tomorrow night. presses grave concern about the ongoing sys- consent that following the prayer and tematic violations of human rights inflicted pledge the morning hour be deemed ex- f upon the people of Burma and calls on the pired, the Journal of proceedings be ap- ADJOURNMENT UNTIL 11 A.M. State Peace and Development Council to re- lease all political prisoners, respect the re- proved to date, the time for the two TOMORROW leaders be reserved, and the Senate sults of the national elections in 1990, and re- Mr. MCCONNELL. Mr. President, if store democracy to Burma; and then begin a period of morning busi- there is no further business to come be- Whereas the National League for Democ- ness for up to 30 minutes with the first fore the Senate, I ask unanimous con- racy has called upon the United Nations Se- 15 minutes under the control of the sent that the Senate stand in adjourn- curity Council to intervene on behalf of the Democratic leader or his designee and people of Burma: Now, therefore, be it ment under the previous order. the final 15 minutes under the control There being no objection, the Senate, Resolved, That it is the sense of the Senate of the majority leader or his designee. that the United Nations Security Council at 6:33 p.m., adjourned until Thursday, should immediately consider and take appro- The PRESIDING OFFICER. Without September 23, 2004, at 11 a.m. priate actions to respond to the growing objection, it is so ordered. f threats posed to the Southeast Asia region f by conditions in Burma under the illegit- CONFIRMATION imate rule of the State Peace and Develop- PROGRAM Executive nomination confirmed by ment Council, including the threats posed by Mr. MCCONNELL. Mr. President, for the Senate September 22, 2004: widespread human rights violations, the un- the information of all Senators, tomor- checked spread of HIV/AIDS, the illicit pro- row morning there will be a joint meet- CENTRAL INTELLIGENCE duction of, and trafficking in, narcotics, ing of Congress to receive a speech PORTER J. GOSS, OF FLORIDA, TO BE DIRECTOR OF trafficking in persons, and alleged efforts by CENTRAL INTELLIGENCE. the State Peace and Development Council to from Prime Minister Allawi of Iraq. We THE ABOVE NOMINATION WAS APPROVED SUBJECT TO will convene following that speech for THE NOMINEE’S COMMITMENT TO RESPOND TO RE- purchase weapons from North Korea, China, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY and Russia. a short period of morning business. CONSTITUTED COMMITTEE OF THE SENATE.

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