S6470 CONGRESSIONAL RECORD — SENATE December 10, 2014 Well, Julianne fell for him anyway, PROTECTING VOLUNTEER FIRE- Our bill includes hundreds of impor- and it is a good thing she did. This FIGHTERS AND EMERGENCY RE- tant provisions to authorize the activi- former schoolteacher is better than SPONDERS ACT OF 2014 ties of the Department of Defense and anyone at keeping him centered, and The ACTING PRESIDENT pro tem- to provide for the well-being of our she has even taught students who pore. Under the previous order, the men and women in uniform and their would go on to serve on SAXBY’s staff. Senate will resume consideration of families. The bill will enable the mili- So it is really quite a partnership. the message to accompany H.R. 3979, tary services to continue paying spe- SAXBY says that the most significant which the clerk will report. cial pay and bonuses needed for re- moment of his life is when he met The assistant legislative clerk read cruitment and retention of key per- Julianne. as follows: sonnel. It strengthens survivor benefits for disabled children of servicemembers That is really something when we Motion to concur in the House amendment consider how much he loves golf. Last to the Senate amendment to H.R. 3979, an and retirees. It includes provisions ad- year, SAXBY sank a hole in one squar- act to amend the Internal Revenue Code of dressing the employment of military ing off against the leader of the free 1986 to ensure that emergency services vol- spouses, job placement for veterans, world—that is, the President of the unteers are not taken into account as em- and military child custody disputes. It United States. He has a signed flag to ployees under the shared responsibility re- addresses military hazing, military prove it. quirements contained in the Patient Protec- suicide, post-traumatic stress disorder, tion and Affordable Care Act. But golf is more than just a hobby and mental health problems in the Pending: for SAXBY. It is a way to get things military. It provides continuing impact done. More than most people around Reid motion to concur in the amendment to support military families and local here, he understands the value of rela- of the House to the amendment of the Senate school districts. to the bill. The bill includes 20 provisions to con- tionships. He is good at whipping votes Reid motion to concur in the amendment and picking up intel from both ends of tinue to build on the progress we are of the House to the amendment of the Senate starting to make in addressing the the Capitol. He works across the aisle, to the bill, with Reid amendment No. 3984 (to and he is unafraid to stand up when the amendment of the House to the amend- scourge of sexual assault in the mili- something needs to be said. ment of the Senate to the bill), to change the tary. Key provisions will eliminate the enactment date. so-called good soldier defense, give vic- That is the thing about SAXBY. He Reid amendment No. 3985 (to amendment tims a voice in whether their case is doesn’t say a lot, but when he does, you No. 3984), of a perfecting nature. prosecuted in military or civilian know it is significant. You know there Reid motion to refer the message of the courts, give victims the right to chal- is a lot of careful thought behind it. House on the bill to the Committee on lenge court-martial rulings that vio- SAXBY is a serious legislator who ap- Armed Services, with instructions, Reid late their rights at the court of crimi- proaches his role as vice chairman of amendment No. 3986, to change the enact- nal appeals, and would strengthen the the Intelligence Committee in that ment date. Reid amendment No. 3987 (to (the instruc- psychotherapist-patient privilege. Last frame. SAXBY learns things on that tions) amendment No. 3986), of a perfecting week we received the welcome news committee that would keep anyone up nature. that the number of incidents of un- at night. It is a grave responsibility. Reid amendment No. 3988 (to amendment wanted sexual contact in the military But SAXBY is perfectly suited to it. He No. 3987), of a perfecting nature. is down and that more incidents are has always stood proudly in defense of The ACTING PRESIDENT pro tem- being reported so victims can receive our Nation. pore. The Senator from Michigan. the care and assistance they need and We are going to miss his sharp wit, Mr. LEVIN. Mr. President, I am perpetrators can be brought to justice. his integrity, and his judgment. pleased to join with Senator INHOFE, With the enactment of the legislation I know SAXBY’s staff is going to miss the ranking Republican on the Senate before us and the commitment of mili- him, too. Some of them have been with Armed Services Committee, to bring to tary leaders, we hope to build on these him since his days in the House. Well, the floor H.R. 3979. This is the agree- trends. the Senate’s loss is the Chambliss fam- ment between the Armed Services The bill provides continued funding ily’s gain. Committees of the Senate and House and authorities for ongoing operations I know SAXBY is looking forward to on the National Defense Authorization in Afghanistan and for our forces con- spending more time with Julianne. I Act for Fiscal Year 2015. The House of ducting operations against the Islamic know he can’t wait to trade the title of Representatives passed the bill last State in Iraq and Syria called ISIS. Senator for a new one—Big Daddy. It is week by a vote of 300 to 119. If we suc- As requested by the administration, what his grandkids call him. He can’t ceed in the Senate, it will mark the it authorizes the Department of De- wait to see more of them. They are the 53rd year in a row that we have enacted fense to train and equip vetted mem- reason he works so hard here—to build this bill that is so essential to the de- bers of the moderate Syrian opposition a better future for them, for the next fense of our Nation and to our men and and to train and equip national and generation. women in uniform and their families. local forces who are actively fighting SAXBY will have plenty of stories to I thank all the members of the staff ISIS in Iraq. It establishes a counter- share when he leaves, such as when he of the Senate Armed Services Com- terrorism partnership fund that pro- hit that hole in one, when he threw out mittee, especially our subcommittee vides the administration new flexi- the first pitch for the Braves, and when chairs for the hard work they have bility in addressing emerging terrorist he made the cover of Peanut Patriot done to get us to the finish line on this threats around the world. In addition, Magazine. bill. I thank Senator INHOFE for his the bill extends the Afghanistan Spe- So SAXBY has obviously had a long close partnership. Before this Congress cial Immigrant Visa Program, pro- and interesting career. He deserves I had been fortunate to serve with a se- viding for 4,000 new visas, and address- some time to focus on his family. We ries of Republican chairmen and rank- es a legal glitch that precluded mem- thank him for his dedication to this ing members, including JOHN MCCAIN, bers of the ruling parties in Kurdistan body and to the people he represents, John Warner, and Strom Thurmond. from receiving visas under the Immi- and we send him every wish for a re- They understood and appreciated the gration and Nationality Act. tirement filled with joy and happiness. traditions of our committee and the The authority provided in this bill to Mr. President, I yield the floor. importance of the legislation we enact train and equip local forces in Iraq and every year for our men and women in Syria to take on ISIS is particularly f uniform. That is what this is all about. important because our military leaders JIM INHOFE, our ranking Republican in and intelligence experts have uni- this Congress, has upheld that tradi- formly told us airstrikes alone will not RESERVATION OF LEADER TIME tion of bipartisanship and dedication to be sufficient to defeat ISIS. American The ACTING PRESIDENT pro tem- enacting this important legislation air power has changed the momentum pore. Under the previous order, the through particularly challenging cir- on the ground somewhat and given leadership time is reserved. cumstances. moderates in the region an opportunity

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.005 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6471 to regroup, but ISIS cannot be defeated spond to the serious threat posed to maintains that the Army should be without an opposing force to take the U.S. interests by cyber attacks. able to achieve needed savings and fight to it on the ground. To do that, With regard to military compensa- meet mission requirements without our Arab and Muslim partners must be tion reform, we adopted a number of transferring Apaches from the Reserve in the lead because the fight with ISIS proposals to slow the growth of per- components to the Active Army. is primarily a struggle within Islam for sonnel costs in fiscal year 2015, as need- Our bill establishes an independent the hearts and minds of Muslims. ed to enable the Department of Defense commission on the future of the Army Training and equipping our moderate to begin to address readiness shortfalls to examine Army force structure and Muslim allies gives us a way to move in a fiscal environment constrained by make recommendations as to the best beyond the use of air power to support sequestration-level budgets, while de- way forward for Army helicopters. Be- them in this fight. ferring further changes to be made in cause the Army needs the savings gen- Our bill takes steps to respond to future years if sequestration is not ade- erated by the helicopter restructuring Russian aggression in Ukraine by au- quately addressed. now, the bill would allow the transfer thorizing $1 billion for a European Re- In particular, the Department re- of 48 Apache helicopters—as called for assurance Initiative to enhance the quested pay raises below the rate of in- in both the Army plan and the alter- U.S. military presence in Europe and flation for 5 years. This bill provides a native National Guard plan—before the build partner capacity to respond to se- pay raise below the rate of inflation for commission reports. Additional trans- curity threats, of which no less than fiscal year 2015, deferring decisions on fers would depend on the recommenda- $75 million would be committed for ac- future pay raises to later bills. The De- tions of the commission and subse- tivities and assistance to support partment requested that we slow the quent Department or congressional ac- Ukraine by requiring a review of U.S. growth of the basic allowance for hous- tion. and NATO force posture, readiness and ing by permitting adjustments below Sequestration is damaging enough to contingency plans in Europe and by ex- the rate of inflation for 3 years. This our military, but the damage will be pressing support for both nonprovoca- bill would slow the growth of the basic far worse if we insist that the Depart- tive defense military assistance—both allowance for housing for fiscal year ment conduct business as usual with- lethal and non lethal—to Ukraine. 2015, deferring decisions on future in- out regard to the changed budget cir- The bill adds hundreds of millions of creases to later bills. The Department cumstances. The budget caps imposed dollars in funding to improve the readi- requested that we gradually increase by sequestration mean that every dol- ness of our Armed Forces across all copays for TRICARE pharmaceuticals lar we choose to spend on a program branches—Active, Guard, and Re- over 10 years. This bill includes a pro- that we refuse to cancel or reduce has serve—to help blunt some—and I em- portionate increase in copays for fiscal to come from another higher priority phasize some—of the negative effects of year 2015, deferring decisions on future program. Our senior military leaders sequestration. It includes provisions increases to later bills. have told us that this will mean planes increasing funding for science and These are not steps any of us want to that can’t fly, ships that can’t sail, and technology, providing women-owned have to take; however, the Budget Con- soldiers, sailors, airmen, and marines small businesses the same sole-source trol Act of 2011 cut $1 trillion from the who are not properly trained and contracting authority that is already planned Department of Defense budget equipped for the mission we expect available to other categories of small over a 10-year period. Our senior mili- them to accomplish. As the Vice Chair- businesses, expanding the No Con- tary leaders told us they simply cannot man of the Joint Chiefs of Staff told us tracting With the Enemy Act to all meet sequestration budget levels with- in January, sending troops into harm’s government agencies and requiring out structural changes—canceling pro- way without training, equipment, or governmentwide reform of information grams, retiring weapon systems, and the latest technology is a breach of technology acquisition. Although we reducing the growth in benefits—to re- trust with the troops and their fami- were unable to bring the Senate-re- duce the size and cost of our military. lies. ported bill to the floor for amendment, A year and a half ago when seques- The painful measures included in this we established an informal clearing tration was first triggered, the Chair- bill are just a downpayment on the process pursuant to which we were able man of the Joint Chiefs of Staff testi- changes that will be needed if seques- to clear 44 Senate amendments—rough- fied that sequestration ‘‘will severely tration is not repealed. Delaying these ly an equal number of Democratic and limit our ability to implement our de- changes will only make the pain worse Republican amendments—and include fense strategy. It will put the nation at later on while damaging the readiness them in the new bill which is before us. greater risk of coercion, and it will of our troops to carry out their mis- I am pleased the bill also includes a break faith with men and women in sions when we call upon them. half dozen provisions to address the uniform.’’ At a hearing this spring, he I am disappointed that we were un- growing cyber threat to critical infor- told us that ‘‘delaying adjustments to able to make further progress in this mation systems of the Department of military compensation will cause addi- bill toward the objective of closing the Defense and the Nation. One provision tional, disproportionate cuts to force detention facility at Guantanamo, which was added to the bill was the structure, readiness, and moderniza- Cuba. The Senate committee-reported Levin-McCain amendment, which re- tion.’’ bill included a provision that would quires the President to identify nations The Department of Defense budget have allowed the Department of De- that engage in economic or industrial proposal also proposed to retire several fense to bring Gitmo detainees to the espionage against the United States weapon systems in an effort to meet se- United States, subject to a series of through cyber space and provides au- questration-level budget ceilings. For legal protections, for detention and thority to impose trade sanctions on example, the Department proposed to trial. The provision also included an persons determined to be knowingly take half of the Navy’s fleet of cruisers amendment—this is the provision in engaged in such espionage. out of service and to retire the Army’s the Senate committee-passed bill— A second provision which arose out of entire fleet of scout and training heli- which was offered by Senator GRAHAM a committee investigation of cyber copters. With regard to Navy cruisers, that would require the President, be- threats to the Department of Defense our bill allows the Navy to take two fore authorizing the transfer of any de- requires the Secretary of Defense to es- cruisers out of service this year, defer- tainees to the United States, to present tablish procedures for identifying con- ring a decision on additional ships a plan to Congress and that Congress tractors that are operationally critical until next year’s budget. With regard would be afforded an opportunity to to mobilization, deployment or to Army helicopters, the National disapprove the plan using expedited sustainment of contingency operations Guard objected to the plan to consoli- procedures. It would have been a joint and to ensure that such contractors re- date Apache attack helicopters in the resolution. port any successful penetrations of Active component so they can operate I continue to believe the Gitmo facil- their computer networks. Much more at the higher operational tempo needed ity undermines our interests around remains to be done, but these are im- to both fill their own mission and re- the world and has made it more dif- portant first steps as we begin to re- place the Kiowa mission. The Guard ficult to try to convict the terrorists

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.007 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6472 CONGRESSIONAL RECORD — SENATE December 10, 2014 who are detained there, and I am dis- Democrats and vice versa—at least went all the way up to December 26 be- appointed that the House leadership re- those are the flames they try to fan— fore we finally passed it. fused to consider this provision even and that is not true. It would really be a disaster if we with the Graham amendment. I can only think of two issues on didn’t pass it. People don’t realize that Finally, our bill includes a lands which Senator LEVIN and I disagreed if we don’t pass this bill—our last package that Senator INHOFE and I with each other. He has been through chance is this week because the House agreed to include based on the bipar- 16 of the NDAAs as either chairman or will be out of there. There will be no tisan, bicameral request of the com- ranking member. I am sure that is way to have amendments or change mittees of jurisdiction and the over- some kind of a record. But to work anything now from the product we whelming support of our colleagues. with someone who you know will be to- have. We already have a lot of the The contents of the lands package were tally honest with you even when you amendments in, but we can’t make worked out by the House Natural Re- have a difference of opinion is really a changes to them. We can’t have an- sources Committee and the Senate En- joy. I hope we can be an example for other bill because we have run out of ergy and Natural Resources Com- some of the other committees that time. It will not happen unless it hap- mittee, which will be managing that don’t have that much joy when they pens with this bill. I know a lot of peo- part of the bill on the Senate floor. We are working on an issue. ple would prefer to have something have been assured that all provisions The long history he has had here and else, although I know this bill is going to pass by a large margin. It is a good have been cleared and that the package the integrity he has expressed will be sorely missed, I have to say to my good bill. has been cleared by the chairmen and People wonder what would happen if friend Senator LEVIN. ranking minority members of the rel- we didn’t pass this bill. It would be a evant committees. As Senator LEVIN said, we will have to get to the bill before we leave. This disaster. Enlistment bonuses—a lot of Mr. President, I ask unanimous con- these kids have been over there serv- bill has passed for 52 consecutive years, sent that a full list of the names of our ing, and they have been told they will and that really says something. But majority and minority staff members, have certain things, and one of them is each year there is always a problem. who have given so much of themselves the bonuses. Well, all of a sudden, on The comment that was made on the and their families, be printed in the December 31, if we don’t have a bill, land package—I think the process is RECORD at this point. those expire and those kids will not wrong regardless of the merits of the There being no objection, the mate- have enlistment or reenlistment bo- bill. As was pointed out by Senator rial was ordered to be printed in the nuses. RECORD, as follows: LEVIN, it was supported in a bipartisan The incentives are important in Peter K. Levine, Staff Director, John A. way by all the appropriate committees; order to keep troops with critical Bonsell, Minority Staff Director, Daniel C. however, that is not us, that is them. skills. We hear a lot about the SEALs Adams, Minority Associate Counsel, Adam J. The process should not allow others to and the great work they do. These crit- Barker, Professional Staff Member, Steven come in on this bill, so I think it is ical skills incentives will go away on M. Barney, Minority Counsel, June M. flawed. I don’t think it will happen December 31. Borawski, Printing and Documents Clerk, again. I really don’t. There is also incentive pay for pilots. Leah C. Brewer, Nominations and Hearings I talked to the people who will be in- I have researched this because there is Clerk, William S. Castle, Minority General volved in next year’s NDAA, which, by Counsel, John D. Cewe, Professional Staff a lot of competition out there for our Member, Samantha L. Clark, Minority Asso- the way, we will start working on in pilots—pilots for heavy vehicles, as ciate Counsel, Jonathan D. Clark, Counsel, February of next year. well as strike fighters. Right now there Allen M. Edwards, Professional Staff Mem- I will go over a couple of other rea- is a competition with the airlines. Ev- ber, Jonathan S. Epstein, Counsel, Richard sons why we have to get this bill done. eryone wants to hire these guys, so W. Fieldhouse, Professional Staff Member, As I said, we have done this for 52 con- there is competition out there. All of a Lauren M. Gillis, Staff Assistant, Thomas W. secutive years, and I am sure we are sudden the flight pay would come out Goffus, Professional Staff Member, going to be able to get this done. on December 31 if we don’t pass this Creighton Greene, Professional Staff Mem- We passed this bill out to the floor bill, and that means we will lose some ber, Ozge Guzelsu, Counsel, Daniel J. Harder, from our committee—the committee Staff Assistant, Alexandra M. Hathaway, of these guys. It is a $25,000-a-year Staff Assistant, Ambrose R. Hock, Profes- chaired by Senator LEVIN—on May 23, bonus for these guys over a 10-year pe- sional Staff Member, Gary J. Howard, Sys- the day after it was done in the House riod, so it is $250,000. However, for each tems Administrator. committee. So we were ready to do this one who decides not to come back—to Michael J. Kuiken, Professional Staff way back in May, and the problem was retrain someone to the status of an F– Member, Mary J. Kyle, Legislative Clerk, we could not get it on the floor. 22 would cost about $17 million. We are Anthony J. Lazarski, Professional Staff I can remember coming down to the looking at bonuses that might be Member, Gerald J. Leeling, General Counsel, floor with Senator LEVIN and begging $25,000, but the alternative, if we don’t Daniel A. Lerner, Professional Staff Member, people to bring amendments to us. We Gregory R. Lilly, Minority Clerk, Jason W. get this done by December 31, would Maroney, Counsel, Thomas K. McConnell, have to have amendments down here cost $17 million for each pilot who Professional Staff Member, Mariah K. McNa- because we can’t expect the leader to needs to be trained. So that is very sig- mara, Special Assistant to the Staff Direc- bring this to the floor unless we know nificant. We have skill incentive pay tor, William G. P. Monahan, Counsel, Natalie people will work with us on amend- and proficiency bonuses for all of M. Nicolas, Minority Research Analyst, Mi- ments. So eventually they did bring those. So that singularly would be chael J. Noblet, Professional Staff Member, amendments, and we responded. We enough reason to say we have to have Cindy Pearson, Assistant Chief Clerk and Se- had many amendments. I don’t remem- it; we just can’t do without it. Stop- curity Manager, Roy F. Phillips, Profes- ber exactly how many amendments sional Staff Member, John H. Quirk V, Pro- ping all military construction, which fessional Staff Member, Brendan J. Sawyer, were put forth, but I do remember we would be on December 31. Staff Assistant, Arun A. Seraphin, Profes- considered and put 47 amendments into One of the areas where the chairman sional Staff Member, Travis E. Smith, Chief this package—we did it through the big and I disagree is on Gitmo. We have Clerk, Robert M. Soofer, Professional Staff four method, which was the only thing had a friendly and honest difference of Member, William K. Sutey, Professional left for us to do—47 amendments di- opinion on that. I look at Gitmo as one Staff Member, Robert T. Waisanen, Staff As- vided almost equally between Repub- of the few resources we have that is a sistant, Barry C. Walker, Security Officer. licans and Democrats. We considered good deal for government. We have had Mr. LEVIN. I thank the Presiding Of- those amendments and put them in as it since 1904 and it only costs us $4,000 ficer and yield the floor. a part of the bill. and half the time Cuba forgets to The ACTING PRESIDENT pro tem- Of course, despite pushing for months charge us, so it is a pretty good deal. pore. The Senator from Oklahoma. that the NDAA be considered under There is no place else we can put, in Mr. INHOFE. Mr. President, first, I regular order, which we should have my opinion, the combatants. People have to say what a joy it is to work done, we find ourselves in the unfortu- say bring them back to the United with Senator LEVIN. I know the public nate situation we are in today. It is States. The problem is if we inter- thinks that no Republicans like any reminiscent of last year. Last year we mingle prisoners at Gitmo with the

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.009 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6473 prison population—these people at decades and we have to go toward a bill, I would have still voted for it. But Gitmo are not criminals, they are peo- more modern vehicle, and we do have the process is wrong, and I think we all ple who teach terrorists. So there are a on the books that we will continue to understand that. We did the best we lot of arguments against bringing do that, working with the KC–46. So could. Gitmo prisoners to the United States. several others—some improvements to We have these things that are going That in itself would be a 2-hour speech, the workhorse of the military, the C– on right now, and I think we can’t take so I will not get into it now. 130 aircraft, and other vehicles. a chance on not having or, for the first There are some areas where the Without this bill, we are going to time in 53 years, not passing an NDAA chairman and I disagree and there were have to stop some of these projects, so bill by the end of the year. It would be a lot of compromises because we knew think about the cost. We are in the a crisis. The system could be criticized we had to have the bill. If we don’t pass midst of contracts right now that we for the way it happened. Considering this bill, there will be no European Re- could be in jeopardy of losing. that we passed our bill out of the com- assurance Initiative to stand up The construction on military and mittee on May 23, we should have had against Russian aggression. I shouldn’t family housing is there. It is very sig- it on the floor. We should have had it have done this because I was on the nificant. done in regular order. We will do every- ballot this year for reelection, but for So I think all of these pieces—and thing we can in the future to try to the week prior to our election, I went one piece I think people are interested make that happen. For two consecutive over to see what was happening in in is this will end the reliance on Rus- years now we have not been able to do Ukraine because Ukraine was having sian-made rocket engines. We hear a that. We have had to go through the their elections the week before we had lot about that. This bill includes a system of what they call the Big our elections. Not many people are timeframe for when the current con- Four—the chairman and ranking mem- aware that in Ukraine, Poroshenko— tracts run out, so that we are going to ber of the House and the chairman and what happened in their election in be developing our own rocket engine. I ranking member of the Senate—to pass Ukraine, a political party cannot have have heard from a lot of outside ex- this bill. I think in this case we have a seat in Parliament unless they get 5 perts. Tom Stafford is one of the fa- come up with a good bill. We have been percent of the vote. The vote took mous astronauts from Oklahoma. He able to incorporate 47 of the amend- place 1 week before our vote. This will and I have talked at length about what ments that have come from those that be the first time in 96 years that the we are going to be able to do with some were filed to be added on the floor. So Communist Party will not have one of these rocket engines. So I think this we have done the best we can. There is seat in Parliament. That is amazing. is enough reason why we have to do no other alternative now when we con- We have to understand what is hap- this, and I think everyone realizes sider what will happen if for some un- pening with Putin. that. known reason this would be the first I also went to Lithuania and Estonia We have heard a lot of talk that year in 53 years that we don’t have an and Latvia and those areas in the Bal- frankly is not true. Unfortunately, NDAA bill. tics. That is another problem we have. there are some groups that are kind of I will just repeat what I started off They want to give us the assurance antimilitary groups that came out with; that is, what a joy it has been to that it is not just Putin in Ukraine, with some statements that weren’t work with CARL LEVIN over these years but they are becoming aggressive. I true and some of the talk show hosts I in the capacity of either the chairman coined the term for what Putin is try- admire were given information that or the ranking member of the Senate ing to do, ‘‘de-Reaganize’’ Europe, to wasn’t quite as accurate as it should Armed Services Committee. He will be try to take out all the freedoms that have been. sorely missed. Oddly enough, we also were there and try to put a coalition Right now, if we can think of no have the same situation happening together. That is a huge issue, and it is other single major reason to pass this over on the House side with BUCK addressed in this bill in a very aggres- bill, it is to take care of those individ- MCKEON. I served with him when I sive way with the reassurance initia- uals who are in the field right now who served in the House. He is going to be tive. are fighting. We have the exact count, retiring after this year as well. So we Also, if we don’t pass this bill, we to make sure we use accurate figures. have two retiring chairmen of what I would not have the Counterterrorism As of today, 1,779,343 troops in the field consider to be the most significant Partnership Fund, which I think we are or enlisted personnel. These are the committees in Washington. all aware is so necessary with ISIL on ones who can be affected, 1.8 million of We are going to continue to work to- the rampage they are pursuing. them. We would be reneging on the gether for the rest of this bill. We have So we have a lot of provisions. I commitments we have made to them. a good bill, and we are going to uphold think the chairman did a good job of We have heard criticism that we are our obligation to the 1,779,343 enlisted covering them. A couple of them per- somehow cutting their benefits to put personnel in the field. We are not going haps might have been overlooked or in a land package. That just isn’t true. to let them down. that I might add for my own personal We don’t need to talk about this be- I yield the floor. interests. One is the support of the Air- cause that is not our committee. That The ACTING PRESIDENT pro tem- craft Modernization Program. Histori- is the committee referred to by the pore. The Senator from Michigan. cally, we have always had the best of chairman in his remarks—the Energy Mr. LEVIN. Mr. President, first let everything, but now when we look at and Natural Resources Committees of me thank Senator INHOFE for his China and at Russia and what they are the House and the Senate. But it is friendship, most importantly, but also doing, it is a very difficult situation for budget neutral. Over a 10-year period, for the great partnership we have en- us. We had the F–22; the President ter- the CBO says it is budget neutral. So joyed. It has been a real pleasure work- minated that program his first year in there is no legitimate argument that ing with the Senator from Oklahoma. I office. So now we have all of our eggs we are using any of the funds that should perhaps also say we are con- in the basket in terms of the strike ve- would otherwise go to the military on fident our successors will carry on this hicles and the F–35. A lot of people the land package. tradition as well. Senator MCCAIN, the don’t like the F–35, but that is what we I have to say the process was wrong. new chairman, and Senator JACK REED have to have and that is in this bill to We have done this in the past and we will be the new ranking member and continue with that. are not going to do it again. We they will be carrying on this tradition The E–2D surveillance aircraft is one shouldn’t have had a land package that we have done everything we know very few people know about. It is one come in that has nothing to do with de- how to do to maintain. of the ugliest airplanes in the sky, but fense, but nonetheless it is there. I was I wish to again thank my good friend it is one that is necessary for surveil- offended by the process. Frankly—I JIM INHOFE and his staff who worked so lance and other functions of govern- have to confess, and it is good for the well with the staff on this side. We talk ment. soul, I guess—I thought after reading about this side of the aisle and that We have the KC–46 tanker aircraft. it, it was a pretty good bill. If it would side of the aisle. In this bill obviously We have been using the KC–135 now for have been brought up outside of this there will be differences—very rarely,

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.011 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6474 CONGRESSIONAL RECORD — SENATE December 10, 2014 by the way, on a partisan basis, even My goal from the start has been two- I believe it accomplishes the goals I when there are differences. But the fold. First, I have been committed to laid out and it tells the story that aisle sort of disappears when it comes correcting the public record on the needs to be told. to the Defense authorization bill, and CIA’s multiple misrepresentations to It also represents a significant and that is the way it should be. the American people, to other agencies essential step for restoring faith in the I yield the floor. in the executive branch, the White crucial role of Congress to conduct Mr. INHOFE. Mr. President, let me House, and to Congress. Second, my oversight. Congressional oversight is reclaim my time just to make one goal has been to ensure that the full important to all of government’s ac- other comment. The two people who truth comes out about this grim time tivities, but it is especially important are sitting here, Peter Levine on your in the history of the CIA and of our Na- for those parts of the government that side and John Bonsell on our side, their tion so that neither the CIA nor any fu- operate in secret, as the Church Com- compatibility in working together is ture administration repeats the griev- mittee discovered decades ago. The also unprecedented. It doesn’t happen ous mistakes this important oversight challenge the Church Committee mem- very often. I can’t speak for the Sen- work reveals. bers discovered are still with us today: ator from Michigan, but I can speak for The process of compiling, drafting, how to ensure that secret government myself, to say that without these two redacting, and now releasing this re- actions are conducted within the con- working together I sure could not have port has been much harder than it fines of the law. The release of this ex- participated in a meaningful way. So I needed to be. It brings no one joy to ecutive summary is testament to the thank them as well. discuss the CIA’s brutal and appalling power of oversight and the determina- Mr. LEVIN. The Senator from Okla- use of torture or the unprecedented ac- tion of Chairman FEINSTEIN and the homa is speaking for both of us, I can tions that some in the intelligence members of this committee to dog- assure him, with his comments and so community and administration have gedly beat back obstacle after obstacle many other comments he made. taken in order to cover up the truth. in order to reveal the truth. I will yield to the Senator from Colo- A number of my colleagues who have There are a number of thank-yous rado, but first I wish to thank him for come to the floor over the past 24 hours that are in order. I start by thanking the great contribution he has made to and discussed this report have referred the chairman for her courage and per- our committee. I think he is planning to 9/11. I, too, will never forget the fear, sistence. I also thank the committee on speaking on a different subject. He the pain, and the anger we all felt on staff director, David Grannis; the staff has played a major role on the Intel- that day and in the days that followed. lead for the study, Dan Jones; and his ligence Committee. I look forward to Americans were demanding action core study team, Evan Gottesman and reading, if not hearing, his remarks on from our government to keep us safe. Chad Tanner. They toiled for nearly 6 the subject on which I know he has Everyone, myself included, wanted to years to complete this report. They spent a good deal of time. Although he go to the ends of the Earth to hunt then shepherded it through the redac- has had perhaps more visibility in down the terrorists who attacked our tion process, all the while giving up terms of the Intelligence Committee, Nation and to make every effort to pre- their nights, weekends, vacations, and he has been a major contributor on the vent another attack. Although we all precious time with family and friends Armed Services Committee. I can’t say shared that goal, this report reveals in an effort to get to the truth of this we will miss him because I will not be how the CIA crossed a line and took secret program for the members of the here, but they will miss the Senator our country to a place where we vio- committee, the Senate, and now the from Colorado. lated our moral and legal obligations American people. The PRESIDING OFFICER (Ms. in the name of keeping us safe. As we They have been assisted by other HEITKAMP). The Senator from Colo- know now, this was a false choice. Tor- dedicated staff, including my designee rado. ture didn’t keep us safer after all. By on the committee, Jennifer Barrett. We Mr. UDALL of Colorado. Madam releasing the Intelligence Committee’s would not be where we are today with- President, before I start my remarks landmark report, we reaffirm we are a out them. I am grateful, beyond words, on the historic day which was yester- nation that does not hide from its past for their service and dedication. I want day—when it comes to the publication but must learn from it and that an them to know our country is grateful of our long-in-the-making report on honest examination of our short- too. the CIA’s torture program—I wish to comings is not a sign of weakness but Let me turn to the study itself. Much thank the chairman for his leadership, the strength of our great Republic. has been written about the significance his mentorship, and his friendship. I From the heavily redacted version of of the study. This is the study. It is a also am proud obviously to be a part of the executive summary first delivered summary of the CIA’s detention and in- the Armed Services Committee and to to the committee by the CIA in Au- terrogation program. I want to start by have chaired the Strategic Forces Sub- gust, we made significant progress in saying I believe the vast majority of committee. Again, I extend my thanks clearing away the thick, obfuscating CIA officers welcome oversight and be- to the good men and women in uni- fog these redactions represented. lieve in the checks and balances that form, as did my good friend from Okla- As Chairwoman FEINSTEIN has said, form the very core of our Constitution. homa. The NDAA bill is a crucial task our committee chipped away at over I believe many rank-and-file CIA offi- in front of us. I look forward to one of 400 areas of disagreement with the ad- cers have fought internally for and sup- my last votes as a Senator from the ministration on redactions down to ported the release of this report. Unfor- great State of Colorado, and I look for- just a few. tunately, again and again, these hard- ward to casting a vote in favor of the We didn’t make all the progress we working public servants have been Defense authorization bill. wanted to and the redaction process poorly served by the CIA’s leadership. Again, I wish to thank my two itself is filled with unwarranted and Too many CIA leaders and senior offi- friends who have mentored me and who completely unnecessary obstacles. Un- cials have fought to bury the truth have led our committee with great elan fortunately, at the end of the day, while using a redaction pen to further and intelligence. what began as a bipartisan effort on hide this dark chapter of the Agency’s SSCI STUDY OF THE CIA’S DETENTION AND the committee did not end as such, history. INTERROGATION PROGRAM even after my colleagues on the other The document we released yesterday Yesterday was a historic day. Almost side of the aisle were repeatedly urged is the definitive, official history of 6 years after the Senate Intelligence to participate with us as partners. what happened in the CIA’s detention Committee voted to conduct a study of As my friends in the Senate know, I and interrogation program. It is based the CIA’s detention and interrogation am a legislator who goes out of his way on more than 6 million pages of CIA program and nearly 2 years after ap- to form bipartisan consensus. However, and other documents, emails, cables, proving the report, the American peo- it became clear that was not possible and interviews. This 500-page study, ple will finally know the truth about a here and that is regrettable. this document, encapsulates the facts very dark chapter in our Nation’s his- But all told, after reviewing this drawn from the 6,700-page report, tory. final version of the committee’s study, which is backed up by 38,000 footnotes.

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.012 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6475 This is a documentary that tells of to lead by example’’ in correcting our contractors hired to read, multiple the program’s history based on the mistakes, one would think this admin- times, each of the 6 million pages of CIA’s own internal records. Its prose is istration is leading the efforts to right documents produced before providing dry and spare, as you will soon see for the wrongs of the past and ensure the them to the committee staff. We know yourself. It was put together methodi- American people learn the truth about about the nearly 1,000 documents that cally, without exaggeration or embel- the CIA’s torture program. Not so. the CIA electronically removed from lishment. This study by itself—using In fact, it has been nearly a 6-year the committee’s dedicated database on the CIA’s own words—brings the truth struggle—in a Democratic administra- two occasions in 2010, which the CIA to light, and that is what it was in- tion no less—to get this study out. Why claimed its personnel did at the direc- tended to do. has it been so hard for this document tion of the White House. Of course we The study looked carefully at the to finally see the light of day? Why know about the Panetta review. CIA’s own claims—most notably that have we had to fight tooth and nail I turn to the Panetta review. I have the so-called enhanced interrogation every step of the way? The answer is provided more information on the techniques used on detainees elicited simple: Because the study says things events that led up to the revelation in- unique, otherwise unobtainable intel- that former and current CIA and other cluded in the Panetta review in a set of ligence that disrupted terrorist plots government officials don’t want the additional views that I submitted for and saved lives. It debunks those American public to know. For a while the committee’s executive summary, claims conclusively. I worried that this administration but I will summarize them. The CIA repeatedly claimed that would succeed in keeping this study en- From the beginning of his term as using these enhanced interrogation tirely under wraps. CIA Director, John Brennan was open- techniques against detainees was the While the study clearly shows that ly hostile toward and dismissive of the only way to yield critical information the CIA’s detention and interrogation committee’s oversight and its efforts about terrorist plotting. But when program itself was deeply flawed, the to review the detention and interroga- asked to describe this critical informa- deeper, more endemic problem lies in tion program. During his confirmation tion and detail which plots were the CIA, assisted by a White House hearing, I obtained a promise from thwarted, the CIA provided exagger- that continues to try to cover up the John Brennan that he would meet with ated versions of plots and truth. It is this deeper problem that il- committee staff on the study once con- misattributed information that was ob- lustrates the challenge we face today: firmed. After his confirmation, he tained from traditional intelligence reforming an agency that refuses to changed his mind. collection, claiming it came from the even acknowledge what it has done. In December 2012, when the classified use of interrogation techniques that This is a continuing challenge that the study was approved in a bipartisan are clearly torture. CIA’s oversight committees need to vote, the committee asked the White This study shows that torture was take on in a bipartisan way. Those who House to coordinate any executive not effective, that it led to fabricated criticize the committee’s study for branch comments prior to declassifica- information, and its use—even in se- overly focusing on the past should un- tion. The White House provided no cret—undermined our security and our derstand that its findings directly re- comment. Instead, the CIA responded country more broadly. Our use of tor- late to how the CIA operates today. for the executive branch nearly 7 ture and I believe the failure to truly For an example of how the CIA has months later, on June 27, 2013. acknowledge it continues to impair repeated its same past mistakes in The CIA’s formal response to the America’s moral leadership and influ- more recent years, look at the section study under Director Brennan clings to ence around the world, creates distrust of the executive summary released yes- false narratives about the CIA’s effec- among our partners, puts Americans terday that deals with the intelligence tiveness when it comes to the CIA’s de- abroad in danger, and helps our en- on the courier that led to Osama bin tention and interrogation program. It emies’ recruitment efforts. Laden. That operation took place includes many factual inaccuracies, de- Senior CIA leaders would have you under this administration in May of fends the use of torture, and attacks believe their version of the truth—pro- 2011. After it was over, the CIA coordi- the committee’s oversight and find- moted in CIA-cleared memoirs by nated to provide misinformation to the ings. I believe its flippant and former CIA Directors and other CIA White House and its oversight commit- dismissive tone represents the CIA’s and White House officials—that while tees suggesting the CIA torture pro- approach to oversight—and the White there was some excesses in its deten- gram was the tipoff information for the House’s willingness to let the CIA do tion and interrogation program, the courier. That is 100 percent wrong and whatever it likes—even if its efforts CIA did not torture. Their version signifies the Agency leadership’s per- are armed at actively undermining the would have you believe that the CIA’s sistent and entrenched culture of mis- President’s stated policies. program was professionally conducted, representing the truth to Congress and It would be a significant disservice to employing trained interrogators to use the American people. This example let the Brennan response speak for the so-called enhanced interrogation tech- also illustrates again the dangers of CIA. Thankfully, it does not have to. niques on only the most hardened and not reckoning with the past. So while I There are some CIA officials and offi- dangerous terrorists. agree with my colleagues on the com- cers willing to tell it straight. In late But as Professor Darius Rejali writes mittee who argue that doing oversight 2013, then-CIA General Counsel Ste- in his book ‘‘Torture and Democracy,’’ in real time is critical, I believe we phen Preston answered a series of ques- ‘‘To think professionalism is a guard cannot turn a blind eye to the past tions that I asked about his thoughts against causing excessive pain is an il- when the same problems are staring us on the Brennan response as part of his lusion. Instead, torture breaks down in the face in the present. Oversight by Armed Services Committee nomination professionalism’’ and corrupts the or- willful ignorance is not oversight at hearing to be General Counsel of the ganizations that use it. all. Defense Department. This is exactly what happened with In Chairman FEINSTEIN’s landmark His answers to the questions about the CIA’s detention and interrogation floor speech earlier this year, she laid the program contrasted sharply with program. Without proper acknowledge- out how the CIA pushed back on our the Brennan response. For instance, he ment of these truths by the CIA and committee’s oversight efforts. Thanks stated matter of factly that from his the White House, it could well happen to her speech, we know about the his- review of the facts, the CIA provided again. tory of the CIA’s destruction of inter- the committee with inaccurate infor- In light of the President’s early Exec- rogation videotapes and about what mation regarding the detention and in- utive order disavowing torture, his own motivated her and her colleagues to terrogation program. I have posted on recent acknowledgement that ‘‘we tor- begin the broader committee study in line my questions to Mr. Preston, tured some folks’’ and the Assistant 2009. We know about the CIA’s insist- along with his answers. Secretary of State Malinowski’s state- ence on providing documents to the Stephen Preston was not alone in ments last month to the U.N. Com- committee in a CIA-leased facility and having the moral courage to speak mittee Against Torture that ‘‘we hope the millions of dollars the CIA spent on frankly and truthfully about the CIA’s

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.013 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE S6476 CONGRESSIONAL RECORD — SENATE December 10, 2014 torture program. There were also other Although the committee now has a Clearly the present leadership of the CIA officers willing to document the portion of the review already in its pos- CIA agrees with me that the Panetta truth. In March 2009, then-CIA Director session, I believed then, as I do now, review is a smoking gun. That is the Leon Panetta announced the formation that it is important to make public its only explanation for the CIA’s unau- of a Director’s review group to look at existence and to obtain a full copy of thorized search of the committee’s the agency’s detention and interroga- the report. That is why I am here dedicated computers in January. The tion program. As he stated at the time, today, to disclose some of its key find- CIA ’s illegal search was conducted out ‘‘The safety of the American people de- ings and conclusions on the Senate of concern that the committee staff pends on our ability to learn lessons floor for the public record, which fly di- was provided with the Panetta review. from the past while staying focused on rectly in the face of claims made by It demonstrates how far the CIA will the threats of today and tomorrow.’’ senior CIA officials past and present. go to keep its secrets safe. Instead of The Director’s review group looked For example, as I mentioned earlier, asking the committee if it had access at the same CIA documents that were on a number of key matters, the Pa- to the Panetta review, the CIA being provided to our committee. They netta review directly refutes informa- searched, without authorization or no- produced a series of documents that be- tion in the Brennan response. In the tification, the committee computers came the Panetta review. As I dis- few instances in which the Brennan re- that the agency had agreed were off cussed in late 2013, the Panetta review sponse acknowledges imprecision or limits. corroborates many of the significant mischaracterization relative to the de- In so doing, the agency might have findings of the committee’s study. tention interrogation program, the Pa- violated multiple provisions of the Moreover, the Panetta review frankly netta review is refreshingly free of ex- Constitution as well as Federal crimi- acknowledges significant problems and cuses, qualifications, or caveats. nal statutes and Executive Order 12333. errors made in the CIA’s detention and The Panetta review found that the More troubling, despite admitting be- interrogation program. Many of these CIA repeatedly provided inaccurate in- hind closed doors to the committee formation to the Congress, the Presi- same errors are denied or minimized in that the CIA conducted the search, Di- dent, and the public on the efficacy of the Brennan response. rector Brennan publicly referred to its coercive techniques. The Brennan As Chairman FEINSTEIN so eloquently ‘‘spurious allegations about CIA ac- outlined in her floor speech on March response, in contrast, continues to in- tions that are wholly unsupported by 11 of this year, drafts of the Panetta re- sist the CIA’s interrogations produced the facts.’’ view have been provided by the CIA un- unique intelligence that saved lives. He even said such allegations of com- knowingly to our committee staff Yet the Panetta review identified doz- puter hacking were beyond ‘‘the scope ens of documents that include inac- years before within the 6 million pages of reason.’’ The CIA then made a crimi- curate information used to justify the of documents it had provided. nal referral to the Department of Jus- So when the committee received the use of torture and indicates that the tice against the committee staff who Brennan response, I expected a recogni- inaccuracies it identifies do not rep- were working on the study. Chairman resent an exhaustive list. The Panetta tion of errors and a clear plan to en- FEINSTEIN believed these actions were review further describes how detainees sure that the mistakes identified would an effort to intimidate the committee provided intelligence prior to the use not be repeated again. Instead—this is staff, the very staff charged with CIA of torture against them. a crucial point—instead, the CIA con- It describes how the CIA, contrary to oversight. I strongly agree with her tinued not only to defend the program its own representations, often tortured point of view. The CIA’s inspector general subse- and deny any wrongdoing but also to detainees before trying any other ap- quently opened an investigation into deny its own conclusions to the con- proach. It describes how the CIA tor- the CIA’s unauthorized search and trary found in the Panetta review. tured detainees, even when less coer- In light of those clear factual dispari- cive methods were yielding intel- found, contrary to Director Brennan’s ties between the Brennan response and ligence. The Panetta review further public protestations, that a number of the Panetta review, committee staff identifies cases in which the CIA used CIA employees did, in fact, improperly grew concerned that the CIA was coercive techniques when it had no access the committee’s dedicated com- knowingly providing inaccurate infor- basis for determining whether a de- puters. The investigation found no mation to the committee in the tainee had critical intelligence at all. basis for the criminal referral on the present day, which is a serious offense, In other words, CIA personnel tor- committee staff. The IG also found and a deeply troubling matter for the tured detainees to confirm they did not that the CIA personnel involved dem- committee, the Congress, the White have intelligence, not because they onstrated a ‘‘lack of candor’’ about House, and our country. thought they did. Again, while a small their activities to the inspector gen- The Panetta review was evidence of portion of this review is preserved in eral. that potential offense. So to preserve our committee spaces, I have requested However, only a 1-page unclassified that evidence, committee staff se- the full document. Our request has summary of the IG’s report is publicly curely transported a printed portion of been denied by Director Brennan. I will available. The longer classified version the Panetta review from the CIA-leased tell you, the Panetta review is much was only provided briefly to Members facility to the committee’s secure of- more than a ‘‘summary’’ and ‘‘incom- when it was first released. I had to fices in the Senate. This was the proper plete drafts,’’ which is the way Mr. push hard to get the CIA to provide a and right thing to do, not only because Brennan and former CIA officials have copy for the committee to keep in its of the seriousness of the potential characterized it, in order to minimize own records. Even the copy in com- crime, but also in light of the fact that its significance. I have reviewed this mittee records is restricted to com- the CIA had previously destroyed inter- document. It is as significant and rel- mittee members and only two staff rogation videotapes without authoriza- evant as it gets. members, not including my staff mem- tion and over objections of officials in The refusal to provide the full Pa- ber. the Bush White House. netta review and the refusal to ac- After having reviewed the IG report In my view, the Panetta review is a knowledge facts detailed in both the myself again recently, I believe even smoking gun. It raises fundamental committee study and the Panetta re- more strongly that the full report questions about why a review the CIA view lead to one disturbing finding: Di- should be declassified and publicly re- conducted internally years ago and rector Brennan and the CIA today are leased, in part because Director Bren- never provided to the committee is so continuing to willfully provide inac- nan still refuses to answer the commit- different from the official Brennan re- curate information and misrepresent tee’s questions about the search. sponse and so different from the public the efficacy of torture. In other words, In March, the committee voted statements of former CIA officials. the CIA is lying. This is not a problem unanimously to request responses from That is why I asked for a complete of the past but a problem that needs to Director Brennan about the computer copy of the Panetta review at a Decem- be dealt with today. search. The chairman and vice chair- ber 2013 Intelligence Committee hear- Let me turn to the search of the In- man wrote a letter to Director Bren- ing. telligence Committee’s computers. nan, who promised a thorough response

VerDate Sep 11 2014 07:31 Dec 11, 2014 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G10DE6.016 S10DEPT1 emcdonald on DSK67QTVN1PROD with SENATE December 10, 2014 CONGRESSIONAL RECORD — SENATE S6477 to their questions after the Justice De- documents, despite the fact that these The redactions to the committee’s partment and CIA IG reviews were documents are directly responsive to executive summary on the CIA’s deten- complete. The Chair and Vice Chair the committee’s document request. tion and interrogation program have then wrote two more letters, to no The White House has never made a for- been a case study in its refusal to be avail. The Director has refused to an- mal claim of executive privilege over open. Despite requests that both the swer any questions on this topic and the documents, yet it has failed to re- chairman and I made for the White has again deferred his answers, this spond to the chairman’s request to the House alone to lead the declassifica- time until after the CIA’s internal ac- documents or to compromise proposals tion process, it was given by the White countability board review is com- she has offered to review a summary House to the CIA—the same Agency pleted, if it ever is. listing of them. When I asked CIA Gen- that is the focus of this report. Predict- So from March until December, for eral Counsel Stephen Preston about ably, the redacted version that came almost 9 months, Director Brennan has the documents, he noted that ‘‘the back to the committee in August ob- flat out refused to answer basic ques- Agency has deferred to the White scured key facts and undermined key tions about the computer search; House and has not been substantially findings and conclusions of the study. whether he suggested a search or ap- involved in subsequent discussions The CIA also included unnecessary proved it; if not, who did. He has re- about the disposition of these docu- redactions to previously acknowledged fused to explain why the search was ments.’’ and otherwise unclassified informa- conducted, its legal basis, or whether If the documents are privileged, the tion. Why? Presumably, to make it he was even aware of the agreement be- White House should assert that claim. more difficult for the public to under- tween the committee and the CIA lay- But if they are not, White House offi- stand the study’s findings. Content ing out protections of the committee’s cials need to explain why they pulled that the CIA has attempted to redact dedicated computer system. He has re- back documents that the CIA believed includes information in the official, de- fused to say whether the computers were relevant to the committee’s in- classified report of the Senate Armed were searched more than once, whether vestigation and responsive to our di- Services Committee, other executive the CIA monitored committee staff at rect request. branch declassified official documents, the CIA-leased facility, whether the The White House has not led on this information in books and speeches de- agency ever entered the committee’s issue in the manner we expected when livered by former CIA officers who were secure room at the facility, and who at we heard the President’s campaign approved by the CIA’s Publication Re- the CIA knew about the search both be- speeches in 2008 and read the Executive view Board, news articles, and other fore and after it occurred. order he issued in January 2009. To CIA public reports. I want to turn at this point to the employees in April 2009, President It is true that through negotiations White House. To date, there has been Obama said: between the committee, the CIA, and no accountability for the CIA’s actions What makes the United States special, and the White House, many of these issues or for Director Brennan’s failure of what makes you special, is precisely the fact were resolved. However, at the end of that we are willing to uphold our values and leadership. Despite the facts presented, ideals even when it’s hard—not just when it’s the day, the White House and CIA the President has expressed full con- easy; even when we are afraid and under would not agree to include any pseudo- fidence in Director Brennan and dem- threat—not just when it’s expedient to do so. nyms in the study to disguise the onstrated that trust by making no ef- That’s what makes us different. names of CIA officers. In 2009 the CIA fort at all to rein him in. This tough, principled talk set an im- and the committee had agreed to use The President stated it was not ap- portant tone from the beginning of his CIA-provided pseudonyms for CIA offi- propriate for him to weigh into these Presidency. However, let’s fast forward cials, but in the summary’s final issues that exist between the com- to this year, after so much has come to version, the CIA insisted that even the mittee and the CIA. As I said at the light about the CIA’s barbaric pro- pseudonyms should be redacted. time, the committee should be able to grams, and President Obama’s response For an agency concerned about mo- do its oversight work consistent with was that we ‘‘crossed a line’’ as a na- rale, this is the wrong approach to our constitutional principle of the sep- tion and that ‘‘hopefully, we don’t do it take, in my view. By making it less aration of powers, without the CIA pos- again in the future.’’ possible to follow a narrative threat ing impediments or obstacles as it has That is not good enough. We need to throughout the summary, this ap- and as it continues to do today. For the be better than that. There can be no proach effectively throws many CIA White House not to have recognized coverup. There can be no excuses. If personnel under the bus. It tars all of this principle and the gravity of the there is no moral leadership from the the CIA personnel by making it appear CIA’s actions deeply troubles me today White House helping the public to un- that the CIA writ large was responsible and continues to trouble me. derstand that the CIA’s torture pro- for developing, implementing, and rep- Far from being a disinterested ob- gram wasn’t necessary and didn’t save resenting the truth about the CIA’s de- server in the committee-CIA battles, lives or disrupt terrorist plots, then tention and interrogation program. In the White House has played a central what is to stop the next White House fact, a small number of CIA officers role from the start. If former CIA Di- and CIA Director from supporting tor- were largely responsible. rector Panetta’s memoir is to be be- ture. Further, there is no question that the lieved, the President was unhappy Finally, the White House has not led identities of undercover agents must be about Director Panetta’s initial agree- on transparency, as then Senator protected, but it is unprecedented for ment in 2009 to allow staff access to op- Obama promised in 2007. He said then the CIA to demand—and the White eration cables and other sensitive doc- this: House to agree—that every CIA offi- uments about the torture program. We’ll protect sources and methods, but we cer’s pseudonym in the study be Assuming its accuracy, Mr. Panetta’s won’t use sources and methods as pretexts to blacked out. U.S. Government agencies account describes then-Counterterror- hide the truth. Our history doesn’t belong to have used pseudonyms to protect offi- ism Adviser John Brennan and current Washington, it belongs to America. cers’ identities in any number of past Chief of Staff Denis McDonough—both In 2009 consistent with this promise, reports, including the 9/11 Commission of whom have been deeply involved in President Obama issued Executive report, the investigation of the Abu the study redaction process—as also Order 13526, which clarified that infor- Ghraib detention facility, and the re- deeply unhappy about this expanded mation should be classified to protect port of the Iran-Contra affair. oversight. sources and methods but not to obscure We asked the CIA to identify any in- There are more questions that need key facts or cover up embarrassing or fluences in the summary wherein a CIA answers about the role of the White illegal acts. official mentioned by pseudonym House in the committee’s study. But actions speak louder than words. would result in the outing of any CIA For example, there are the 9,400 docu- This administration, like so many be- undercover officer, and they could not ments that were withheld from the fore, has released information only provide any such examples. committee by the White House in the when forced to by a leak or by a court Why do I focus on this? The CIA’s in- course of the review of the millions of order or by an oversight committee. sistence on blacking out even the fake

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Madam President, I rise tougher problem to solve is how to en- This isn’t at all to say that what the today to speak to this body and my fel- sure that this and future administra- committee found in its study is a cul- low Montanans about service. tions follow President Obama’s pledge ture and behavior we should ascribe to In preparing to leave the Senate, I not to use sources and methods as pre- all employees of the CIA or to the in- add my voice to the voices of many texts to hide the truth. telligence community. The intelligence other departing Members who have What needs to be done? Chairman community is made up of thousands of called for a return to civility in Wash- FEINSTEIN predicted in March—at the hard-working patriotic Americans. ington, DC. Politics today is too full of height of the frenzy over the CIA’s spy- These women and men are consummate pettiness. Public servants—you and I, ing on committee-dedicated com- professionals who risk their lives every as well as those elected to serve in the puters—that ‘‘our oversight will pre- day to keep us safe and to provide the next Congress—should set the standard vail,’’ and generally speaking, it has. their best assessments regardless of po- with better words and better actions, Much of the truth is out, thanks to the litical and policy considerations. but we should also lead from the front. chairman’s persistence and the dedi- But it is incumbent on government I am not saying anything that hasn’t cated staff involved in this effort. It is, leaders—it is incumbent on us—to live already been said, but more of us need indeed, a historic event. up to the dedication of these employees to say it. If we are lucky, which we are, But there is still no accountability, and to make them proud of the institu- we are even blessed to stand in this and despite Director Brennan’s pledges tions they work for. It gives me no room and do what we do on behalf of to me in January 2013, there is still no pleasure to say this, but as I have said our fellow citizens. correction of the public record of the before, for Director Brennan that Everyone in this Chamber has a inaccurate information the CIA has means resigning. For the next CIA di- unique story about their roots and spread for years and continues to stand rector that means immediately cor- their path to public service. Mine behind. The CIA has lied to its over- recting the false record and instituting began in Butte, MT. I was the son of a seers and the public, destroyed and the necessary reforms to restore the union pipefitter in a struggling blue- tried to hold back evidence, spied on CIA’s reputation for integrity and ana- collar town, and my path led to the the Senate, made false charges against lytical rigor. military. I enlisted out of high school our staff, and lied about torture and The CIA cannot not be its best until in the Montana National Guard and the results of torture. And no one has it faces its serious and grievous mis- soon found a career serving my neigh- been held to account. takes of the detention and interroga- bors and family. Torture just didn’t happen, after all. tion program. For President Obama, The National Guard—the great cit- Contrary to the President’s recent that means taking real action to live izen wing of our Armed Forces—was a statement, ‘‘we’’ didn’t torture some up to the pledges he made early in his home for me. Leading my fellow sol- folks. Real actual people engaged in Presidency. diers into combat in Iraq in 2004–2005 torture. Some of these people are still Serving on the Senate Intelligence was a defining experience in my life. employed by the CIA and the U.S. Gov- Committee for the past 4 years opened Overseeing two successful elections for ernment. There are, right now, people my eyes and gave me a much deeper the Iraqis added a new perspective to serving in high-level positions at the appreciation of the importance of our my view on democracy. Fighting insur- Agency who approved, directed or com- role in the balancing of power in our gents drove home how fortunate we are mitted acts related to the CIA’s deten- great government. It also helped me to live in the United States of America tion and interrogation program. It is understand that all Members of Con- and to enjoy the freedoms we often bad enough not to prosecute these offi- gress, not only Intelligence Committee take for granted. cials, but to reward or promote them members, have an opportunity and an The men of Task Force GRIZ who un- and risk the integrity of the U.S. Gov- obligation to exercise their oversight fortunately didn’t come home with me ernment to protect them is incompre- powers. and the men and women who came hensible. Members who do not serve on the In- back with visible and invisible wounds The President needs to purge his ad- telligence Committee can ask to read have truly defined the cost of war for ministration of high-level officials who classified documents, call for classified me, and they remind me every single were instrumental to the development briefings, and submit classified ques- day of the cost of public servants get- and running of this program. He needs tions. ting it wrong when it comes to our na- to force a cultural change at the CIA. This is my challenge today to the tional defense. I have devoted much of The President also should support American people. Urge your Member of my professional life since returning legislation limiting interrogation to Congress to be engaged, to get classi- home to accounting for the true cost of noncoercive techniques—to ensure that fied briefings, and to help keep the in- war. his own Executive order is codified and telligence community accountable. Today, from my perspective, the to prevent a future administration This is the only way that secret gov- debts are stacked against the demo- from developing its own torture pro- ernment and democracy can coexist. cratic process in America in many gram. We have so much to be proud of in ways. There is too much money, too The President must ensure the Pa- our great Nation, and one of those mat- much noise, and too little commitment netta review is declassified and pub- ters of pride is our commitment to to finding common ground. Anonymous licly released. admit mistakes, correct past actions, money masquerading as free speech can The full 6,800-page study of the CIA’s and move forward knowing that we are poison campaigns. It silences the detention and interrogation program made stronger when we refuse to be voices of the majority of American should be declassified and released. bound by the past. citizens. The concentration of wealth There also needs to be accountability We have always been a forward-look- in fewer hands is bad for our society, for the CIA spying on its oversight ing Nation, but to be so we must be just as the ability for a handful of the committee, and the CIA inspector gen- mindful of our own history. That is wealthy to carry the loudest mega- eral’s report needs to be declassified what this study is all about. So I have phones in our elections is bad for our and released to the public. no doubt that we will emerge from a democracy. Elections are starting to A key lesson I have learned from my dark episode with our democracy look much like auctions. Dark money experience with the study is the impor- strengthened and our future made and circus politics shouldn’t prevent tance of the role of Congress in over- brighter. the U.S. Senate from honorably living seeing the intelligence community. It It has been an honor to serve on this up to the power we have been given. is always easier to accept what we are committee, and I will miss doing its Growing up in a little house that told at face value than it is to ask important work more than I can say. shook twice a day from the dynamite

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We need to rying on their legacy by passing the normal stuff is what I think most keep our farm safety net strong and ad- North Fork Watershed Protection Act Americans still want today and too dress brucellosis to protect the live- and the Rocky Mountain Front Herit- often can’t achieve. stock industry. We need a stronger age Act. We took a page from Mon- Public service—becoming a soldier— commitment to fund and reform the tanans. We sat down together, and we was my ticket to a better life: a job Payment in Lieu of Taxes Program and worked out an agreement that pro- and a college education. After only a its sister programs. Small county tected almost 700,000 acres of the small taste, I discovered that I loved budgets, schools, and roads depend on Crown of the Continent. This is how de- public service. I loved being devoted to them. These same rural communities mocracy should work. something bigger than myself. need better management of our na- Forty-two years after the first cit- We should all remember that Con- tional forests—something Congress and izen-driven wilderness, this week Con- gress can always use more Americans the Forest Service need to focus on. gress is expanding the Scapegoat and from more walks of life who have dis- We need an honest conversation and Bob Marshall Wilderness areas in Mon- covered public service through un- urgent solutions to the incredible chal- tana. Thirty-eight years after the Flat- likely means. lenge posed by climate change. As I head River was protected from schemes It is the privilege of my life to serve said earlier from this same podium, we to dam it and divert it, this week Con- the people of Montana in the seat of cannot put our heads in the sand and gress is protecting the Flathead and Senators Lee Metcalf and Max Baucus. continue with business as usual. Glacier National Park forever from ef- Lee, along with Mike Mansfield, was Members of Congress should be tak- forts to mine it and drill it. Montanans my Senator while I was growing up in ing responsibility and upholding the came together. Farmers, ranchers, Butte, MT. The great citizen conserva- oaths we all swore. We should agree small business owners, conservation- tionist Cecil Garland said: with science—climate change is a clear ists, hunters, anglers—all worked to- It was typical of Lee to fight to give the enemy, and Congress must take steps gether to find common ground. Mon- little guy a voice in government decisions. to stop it. tanans went there first, and their rep- In my time in this Chamber, I have The next Congress should be thought- resentatives in Congress followed. tried to follow Lee’s example. ful about women and families—from When Congress rewards the work of The people who need a voice in this health care decisions to paycheck fair- citizens who collaborate, when we fi- Chamber are the ranchers and hard- ness. nally reach the critical mass in this ware store owners like Cecil in towns Finally, I implore all of Congress, all Chamber to be responsive, that is the like Lincoln and Dillon. The person of you, to redouble your attention to day we earn the title of ‘‘public serv- who needs a voice in this Chamber is the crisis of suicide among our vet- ant.’’ Montanans can be hopeful today the mother in Troy, MT, who became erans. Yesterday the House of Rep- that government by them and for them the primary bread winner when her resentatives passed the Clay Hunt Sui- still works. They can still effect husband lost his job cutting timber. cide Prevention for American Veterans change. The Senate still listens and The person who needs a voice here is Act. That bill now sits before this serves. When President Eisenhower left of- the young woman in Shelby, MT, who body, and we have an opportunity to fice in 1961, Congress passed legislation has done everything right—studied act. We have an opportunity to pass it. at his request that restored his mili- hard and earned her degree—only to be I mentioned the invisible wounds of tary title. He wanted to be remembered squeezed by too much student debt and war already, but if this country were as a career soldier rather than the too few opportunities. The people who losing 22 servicemembers a day on the Commander in Chief. need voices are the servicemembers battlefield, Americans would be on the My 33 years in uniform defined my from Laurel and Great Falls, MT, who streets protesting. Congress would be life. I will always be a soldier. As a sol- returned from the war in Afghanistan demanding action. But that is exactly dier, as a husband to my wonderful and Iraq with delayed onset PTSD and the number of veterans who die by sui- wife Janet, who has been my partner have fallen through the cracks at the cide each and every day from across for 31 years, and as the proud dad of VA. They are the entrepreneurs in Big our country. Veteran suicide is an ur- Michael and Taylor, as the father-in- Fork and Bozeman, MT, who have gent crisis facing our communities, and law to my wonderful daughter-in-law opened small distilleries and faced the congressional action is long overdue. April, and as the grandfather of a little tangle of redtape. They are the com- I believe extending the eligibility for girl named Kennedy, who will inherit mitted couples across Montana—your combat veterans at the VA is one es- this great Nation, I will return to civil- neighbors, my family, my friends—who sential way to address delayed-onset ian life with great hope for the United are treated like second-class citizens PTSD and reduce the suicide rate States Senate and for the United because of whom they love. among our veterans. This simple fix States of America. So today I urge my colleagues to lend and other solutions that improve ac- I, along with millions of others, will people like this in each of your States cess to mental health for veterans be watching closely and imploring your voice as a Senator in this Cham- should continue to be a top priority for Members in this Chamber to check pol- ber. the next Congress. itics at the door and instead focus on I am humbled by the number of chal- It is fitting that in the last days of the future. Honor veterans and their lenges that face the next Congress. I the 113th Congress, the Senate is send- families who sacrifice so much. Honor urge my colleagues to continue to fight ing the President a bill that carries on seniors who have heard promises from to protect Americans’ civil liberties. I the public lands legacy of Senators Lee you. Honor the most vulnerable leave the Senate dismayed by the scope Metcalf and Max Baucus and the thou- amongst us. They are who we always of government surveillance in our ev- sands of Montanans who worked to- should fight for. eryday life. Congress must always—and gether to find common ground. Madam President, I am forever grate- I emphasize always—protect the pri- In the words of Randolph Jennings, ful to have served the people of Mon- vacy of our citizens. Senator ROCKEFELLER’s predecessor tana in this building standing side by I remain deeply concerned about the from West Virginia, Lee ‘‘was a tireless side with each and every one of you. National Security Agency’s unconsti- champion of preserving and protecting God bless each and every one of you, tutional spying on Americans’ commu- our nation’s natural heritage for suc- and may God continue to bless the nications, the secret backdoors into ceeding generations to use and enjoy.’’ United States of America. the Department of Commerce After Lee’s death, Max and the rest Madam President, I yield the floor, encryption standards, and the gag or- of the Montana delegation carried on and I suggest the absence of a quorum.

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Without The Senator from Louisiana. ing about, when you take a commercial objection, it is so ordered. Mr. VITTER. Madam President, re- fishing vessel out, a 45-foot commercial f serving the right to object. fishing vessel, and you have a good day I appreciate the comments of the fishing, there are some salmon guts on COAST GUARD AUTHORIZATION Senator from California and want to the deck, a little bit of slime, and you ACT FOR FISCAL YEARS 2015 work with her toward a common goal. hose it off. That would be an incidental AND 2016 In that spirit, I ask unanimous consent discharge that would be reportable to Mrs. BOXER. Madam President, I am that the Senator modify her request the EPA. And if you fail to report, you about to ask for unanimous consent to and agree to the substitute amend- could be subject to civil penalties. pass a substitute amendment to the ment, which is also at the desk, which That is not what we are talking about Coast Guard bill. Senator VITTER and I includes a 3-year extension of the ves- here. hope to get into a bit of a colloquy over sel discharge moratorium. I think it is important to note that it, but first I want to explain what we The PRESIDING OFFICER. Will the we have two leaders here in the Senate are doing here. Senator from California so modify her who perhaps approach some of the EPA The Coast Guard bill includes the request? issues from a different angle. Senator text of S. 2963, a bill that I introduced Mrs. BOXER. I reserve the right to BOXER has been a staunch advocate for to permanently eliminate the require- object, but I do not intend to object. making sure that when we are talking ment that small fishing boats obtain a I wish to say I am going to agree to about clean air and clean water, we are permit for discharges incidental to nor- this 3-year moratorium but I am a lit- complying with those regulations. Sen- mal operation. tle stunned as to why we are doing this ator VITTER has also been a staunch ad- This is really important for our small again. We could give these small boats vocate for making sure our small busi- boat fishermen. The bill has 14 cospon- a permanent exemption. It is an impor- nesses, our jobs, and our economic op- sors. I am very happy that Senator tant economic issue. portunities aren’t stymied by these MURKOWSKI is now a cosponsor of that I don’t like this approach, but it is regulations. important legislation. the best we can do. I want the Amer- So the fact that we have two Mem- This substitute that is at the desk in- ican people and the fishermen to know bers coming together to acknowledge cludes that permanent fix so that never we tried so hard to get this fixed per- we have to do something to ensure again do small fishermen have to worry manently. But I am glad we have a 3- these regulations do not impede the about being subjected to these permits. year moratorium. It is better than ability of our small fishermen, of our It exempts commercial vessels less nothing, and I will therefore agree to commercial operators in the water— than 79 feet from having to get this dis- the modification. those vessels below 79 feet—that we are charge permit. The PRESIDING OFFICER. Is there not harming them. We first enacted a moratorium on objection to the request, as modified? In my home State of Alaska, we are permits in 2008. We have extended it Without objection, it is so ordered. talking about 8,500 commercial fisher- twice. The current moratorium expires There being no objection, the Senate men who were most anxious that 8 days next week. If we don’t act, these small proceeded to consider the bill. from now they were going to be put in vessels will require a permit for the The amendment (No. 3997) in the na- a position where they were effectively first time. So instead of kicking the ture of a substitute was agreed to. violating EPA regulations, subject to can down the road again with these (The amendment is printed in today’s civil penalties, for the simple act of runoff off of their decks. moratoria, I think it is time to say, RECORD under ‘‘Text of Amendments.’’) So I concur with Senator BOXER, this once and for all, these small vessels do The bill (S. 2444), as amended, was or- dered to be engrossed for a third read- is something we don’t need to be going not and will never need a permit. I from year to year to year to address. think a temporary moratorium leaves ing, was read the third time, and passed. We don’t need to inject this uncer- thousands of the boat operators and tainty into the operations of our hard- the fishermen in limbo instead of giv- The title amendment (No. 3998) was agreed to, as follows: working fishing families. We need to ing them permanent certainty. have a permanent solution. I want to They are different from large ships (Purpose: To amend the title) work with that permanent solution. that discharge ballast water and intro- Amend the title so as to read: ‘‘A bill to Senator VITTER has clearly indicated duce harmful invasive species into our authorize appropriations for the Coast Guard he is willing to help us with that. Sen- coastal waters. That is why a broad for fiscal year 2015, and for other purposes.’’. ator THUNE in Commerce has made array of groups, including the Amer- The PRESIDING OFFICER. The Sen- that clear. We know we have to address ican Sport Fishing Association, Con- ator from Alaska. the ballast issues. We will do that. And gressional Sportsmen’s Foundation, Ms. MURKOWSKI. Madam President, I am looking forward to being engaged Marine Retailers Association of Amer- I wish to weigh in on this issue, be- with that in the 114th Congress. ica, the National Marine Manufactur- cause it is a critically important issue But for now, I think it is critically ers Association, and many others, sup- for my State—for all coastal States, or important that consensus has been port this permanent exemption for our any State that has commercial fisher- reached. I acknowledge the good work small boats. men, as my colleague from California of both the Senator from Louisiana and I hope colleagues will support this, and as my colleague from Louisiana the Senator from California, and Sen- but I understand there is another pro- know. ator THUNE, for getting us to this point posal coming forward. I appreciate the fact that we have where we can take the pressure off of I ask unanimous consent that the come to a place where we are going to our small commercial operators and Commerce Committee be discharged save these small fishermen from the ensure that they can do what they do from further consideration of S. 2444; potential burden of reporting to EPA so very well. the Senate proceed to its immediate for any incidental discharge from their I look forward to the next Congress consideration; that the substitute vessels for the next 3 years. where we are making this permanent amendment containing a permanent I need to acknowledge the good work and, again, where we are dealing with exemption for discharges from small of my friend from California. She has so many of the other issues. But I commercial vessels and fishing ves- recognized that we began this years thank my colleagues today. sels—and that is at the desk—be agreed ago, back in 2008, when we had to work The PRESIDING OFFICER. The Sen- to; the bill, as amended, be read three together at that time to get a short- ator from California.

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