February 3, 2004 CONGRESSIONAL RECORD — SENATE S527 Before I do that, I see the chairman that the effort we put in was a lengthy It is an issue which I think is essen- of the subcommittee is here. I ask Sen- effort and much compromise—nobody tial to the national security of the ator BOND if he has anything further to got really all they need, which, unfor- American people. If we don’t learn say insofar as the highway bill is con- tunately, is the nature of a com- from our mistakes, we are bound to cerned. promise. make those mistakes again. It is high Mr. BOND. Mr. President, I thank the Again, I appreciate the comments time we have gotten around to it. chairman, the good Senator from Okla- made. I hope all of us can get together In the past few days, the administra- homa. He is doing a wonderful job. I and move quickly. We are ready to tion and the world have come to under- have been listening to the comments of offer an amendment. I gather we are stand and acknowledge on a broad our friend from Arizona and I under- urged to wait until tomorrow morning. basis the colossal intelligence failures stand his concerns. In order to achieve If others have amendments, I hope we that led us to war, a war that may have equity, in order to get the bill passed, can be open for business tomorrow and led to good ends, but the Nation clearly we were only able to give certain get going because there are lots of didn’t come to those conclusions on the States, under the formula, an increase pressing amendments and there are basis of the information we now seem that maybe in all rights was not ade- issues that need to be voted on. I hope to be discovering. quate. But anybody who gets a 40-per- we can get up and running and begin a There is a question about means to cent increase is certainly doing better very important debate and have votes an end that I think is pretty simple in than most. on these amendments. I thank the Sen- the kinds of discussions I think all of I have driven the highways in Ari- ator. us have in the families and in the com- zona, and I know that my colleague Mr. INHOFE. Mr. President, I thank munities in which we live. I don’t from Arizona does an excellent job rep- the Senator from Missouri. I also think we want to get into a position resenting his State. I hope the addi- would like to say that it has been a where means justify ends when they tional $1.118 billion will be a help. very difficult task developing this leg- don’t relate to them. I just point that This is a problem we always face on islation. While it seems as though all out as some of this discussion has the highway bill. I don’t know any some colleagues want to talk about is evolved. State that cannot make a compelling the formula in terms of money, there On January 8, Secretary of State case that they have needs that are are many other issues we dealt with— Colin Powell addressed the lack of con- greater. The chairman of the full com- environmental issues, streamlining nection between Iraq and al-Qaida, mittee and I are sitting on the first or issues, safety issues, issues that are of stating; second and third worst roads and the paramount concern to everyone. A I’ve not seen a smoking gun, concrete evi- first and second worst bridges in the compromise was made on all of those dence about that connection. Nation. I am not getting a 40-percent issues—some I don’t like, but we did We were told something different. increase. I can tell you in detail about compromise. Then the President, in his latest friends who have been killed on the f State of the Union Address, referred highways in Missouri because there MORNING BUSINESS only to weapons of mass destruction was too much traffic—10,000, 15,000 cars and related program activities, what- a day on narrow two-lane roads. This is Mr. INHOFE. Mr. President, I ask ever that is—a far cry from the active a huge problem. unanimous consent that there now be a nuclear program and stockpiles of The State of Oklahoma is a major period for the transaction of morning chemical and biological weapons Southwest-to-Midwest freeway. My business, with Senators permitted to warned of in his last State of the Union State is in the center of the States. speak for up to 10 minutes each. Message in 2003. Mr. CORZINE. Reserving the right to When you look at a map that shows the It was last week’s testimony from truck traffic and you identify the object. The PRESIDING OFFICER (Mr. David Kay, the man responsible for the major corridors by red lines, the center weapons search in Iraq, that finally COLEMAN). The Senator from New Jer- of Missouri is a big red spot, and St. sey. brought this matter to maturity and Louis is a big red blotch on the map; Mr. CORZINE. Mr. President, I won- captured the attention of the Nation, there is that much congestion. der if the Senator from Oklahoma will the administration, and the world, and We were very proud to have the first allow for 20 minutes speaking as in that has really changed the whole con- interstate in the Nation under Presi- morning business. text of this debate and discussion. dent Eisenhower’s bill, starting Mr. INHOFE. Mr. President, I amend Dr. Kay, a man who told us last fall through St. Charles, MO. That is the that to up to 20 minutes for the first that Iraq’s nuclear programs were only good news. But the bad news is that the speaker and 10 minutes thereafter. at the most rudimentary level, told the road is badly out of shape, and there is The PRESIDING OFFICER. Without Senate Armed Services Committee not enough money in this highway bill objection, it is so ordered. there was no evidence of stockpiles of even to make a beginning on repairing Mr. CORZINE. I thank the Chair. chemical or biological weapons. it. The Missouri Department of Trans- Mr. President, I, too, respect very David Kay has made an important portation may be able to make some much the challenges the chairman of recommendation—one that I think has improvements. We are giving them the committee and the ranking mem- been obvious for a number of months— some options on how to deal with it in ber have been able to work through. I that an independent inquiry be estab- our State, but it is clearly a pressing look forward to a good, healthy debate lished so that the American people, so need. about some of the specifics. I think we that the allies of the United States and I can make a case that Missouri is are on the right track. those who would work with us, so that the demographic center, because as f all of us who are involved in policy- many people live north of us as south making know we have the facts that of us, and as many people live east of INTELLIGENCE OPERATIONS allow us to make good decisions so us as west of us. The national traffic Mr. CORZINE. Mr. President, I rise that we are not committing the lives of flow is through the State. We have to speak on an issue about which I our men and women in our military to needs. We don’t increase at 40 percent, have spoken a number of times and efforts that are based on false prem- but we had to stay with the funding which I passionately believe needs to ises, whether those are intentional or formula because this is a compromise. be addressed—frankly, it is one that is unintentional. We are trying to take care of everyone well past the maturation stage where We need to have the right answers, and meet the needs that are pressing, it should have been addressed—and and that recommendation apparently meet the highest priority needs, and we that is an independent look at our in- has now led—some might say forced— were not able to do it. telligence operations, particularly as the President to announce he will We want to work with our good they relate to the pre-Iraqi invasion name a panel to look at the intel- friend from Arizona. We understand his and how conclusions were drawn, so ligence issues related to Iraq. concerns and we thank him for his kind that can speak to the American people I welcome the President’s reversal on comments. Again, I will have to say about the facts we had. this critical need, and I suspect we will

VerDate jul 14 2003 02:04 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.079 S03PT1 S528 CONGRESSIONAL RECORD — SENATE February 3, 2004 see a reversal of support for that con- lem with analysis? Or was there a prob- it might be misuse. Some may argue it cept among my colleagues, about lem in selectivity and use of the intel- is selectivity. I think we need an inde- which there have been some healthy ligence provided? pendent commission so we can get to debates in the last months. As I said, it was last summer when I the bottom of these. I think we need to This is about the Nation’s national first offered legislation to establish an understand how the administration security, make no mistake. We need to independent commission. I think we could make public statements that understand on a collection basis, on an ought to get to a truly bipartisan, contradicted some of the analysis or analysis basis, and, yes, on a use basis, independent commission, one that is failed to incorporate the balance that just exactly how we got to the kinds of not unlike what we see with the 9/11 was actually involved in the commu- conclusions we did. The means need to Commission, headed by the former nities’ reports. Why did these reports be understood so that we can connect Governor of New Jersey, a Republican, Congress mandated under the very res- them with the end, so that we don’t who is doing, in my view, an incredible olution that granted the President the make the same mistakes again and service to our Nation. It is a diligent, authority to go to war include some of again. independent, bipartisan approach to those unsubstantiated claims I talked I have serious concerns, however, at find out the facts that led to that trag- about? Were members of the intel- least from early reports about what the edy with which all of us live each and ligence community pressured to details of the President’s plan for this every day, whether it is in your local produce analyses that conformed to the commission will be, that the response hometown, like it is the case in mine, administration policies? They even set is inadequate—I think seriously inad- or whether it is in the broader context up an extra body within the Defense equate. This needs to be an inde- of the Nation. Department to derive points of view pendent commission. Given the fact that we have had Pres- that would be used in the Defense De- How do we get to an independent idential claims that Iraq had sought to partment independent of traditional commission? How do we make certain purchase uranium in Africa, which agencies that are involved in the intel- that the judgments we get are not de- could not be justified or substantiated ligence. Did the administration offi- signed or at least limited to only a by intelligence, is enough to ask the cials seek to bypass that normal proc- mission defined by those we are actu- question whether intelligence was ess by cherry-picking? ally looking at? And second, will that properly used. It clearly was not, be- I think all of these questions are real commission be allowed to explore the cause the President himself has denied and they are ones that need to be inde- use of intelligence, or the misuse, if that that should have been in the State pendently analyzed. There are plenty you will? of the Union. of outside experts. I think a lot of peo- I haven’t seen the details. I don’t So how did that intelligence get mis- ple have heard about the Carnegie En- think any of us have. We are reading used? How did that come about? Simi- dowment study that reported last press reports. But if they are true, it larly, with regard to the aluminum week, and I quote: would give the appearance that we tube issue, on which a whole host of Administration officials systematically don’t want to have a commission that folks have spoken out both publicly, misrepresented the threat from Iraq’s WMD is going to deal with the fundamental and I have read some things privately, and ballistic missile programs. They may not have all of the infor- crux of a lot of these questions. Quite that call into question whether that mation. That is why we need a commis- obviously, if we don’t deal with the was ever a viable concept for intel- sion to straighten this out and to give crux of the questions, then are we ligence to be used as one of the jus- us all confidence that we can go for- going to get results that create credi- tifications for entering into this con- ward. bility with the American people, with flict. I spoke about Mr. Thielmann, who this body, with the world, on whom we How can that happen? We need to was the former director of the Office of need to count to do things as we go for- have certainty and independence in Strategic Proliferation and Military ward? Are we going to get to those judging how we got to the collection, Affairs in the State Department. He is kinds of conclusions? the analysis, and the use of the intel- incredibly offended by the difference If that is not the case, then I don’t ligence. I think that is important if we between the information he saw and think we are headed in the right direc- are going to go forward with certainty presented to the Secretary of State, as tion. I am very afraid we are moving and credibility with regard to our ef- the one who is responsible for collating into something that may satisfy a call forts in using our intelligence for prop- that, and what he has seen stated in for a commission to investigate our in- er and effective policy formulation in the public. So how did those kinds of telligence, but not yet at the funda- the years ahead. We need it so we can differences come to pass? Why are we mental problems that led us to this speak to the world with credibility, dealing with such discrepancies? particular decision in Iraq, but also can and it will not take place, in my view, The commission I proposed would be be and may have well been replicated if we do not have that independent established by law independent of any in other areas. commission. executive orders to change its mission, I actually think the President is So I want to reemphasize the point change its role, change its scope. Its right to talk about it in a broader con- that use of the information is also very members would be selected by the lead- text. It is just an issue of, sequentially, important. We have seen time after ership of both parties, balanced, kind which one do we look at first. Even by time, and opinion after opinion, of a of like the 9/11 Commission which I the inspection on the ground, we are number of people, outside of the David think people would argue as being very told that 15 percent of the issues Kay remarks, that much of the use has independent and is on the right track; haven’t been examined on the ground actually been disputed within the in- receive an independent budget so there in Iraq. We need to deal with where our telligence community. I cite in par- would not be issues about how thor- men and women are being killed now, ticular an officer from the State De- oughly they might be able to pursue as opposed to putting off and putting partment, Gregg Thielmann—and I will particular avenues of research; and together all of these various issues. try to get his particular title—who has would be directed to examine every as- We have what some people might say made the assertion that we are basi- pect of this critical problem; obviously is a tactical issue with respect to Iraq cally operating under faith-based inter- all elements of the collection, all ele- and a strategic problem with our intel- pretations of a lot of information. He ments of the analysis, and all elements ligence operations in a more general goes back and cites the Nigeria ura- of use from top to bottom, from our in- context. Fine, we should look at a nium and the use of aluminum tubes, telligence operatives to the White broader scope of issues to get to the re- disputes about stockpiles that were re- House. structuring of our intelligence oper- ported, and many elements of different By the way, in my view, Congress ations, but we need to deal with the re- perspectives with regard to the intel- looks to provide the checks and bal- ality of, how did our intelligence serve ligence that was available to policy- ances that are expected through our us so poorly, how were the conclusions makers. constitutional offices. so far off the mark? Was there a prob- How did we get such a one-sided I think this commission should be lem with collection? Was there a prob- view? I think some people would argue thorough and we need an end result

VerDate jul 14 2003 02:04 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.081 S03PT1 February 3, 2004 CONGRESSIONAL RECORD — SENATE S529 that gives us all confidence that when may be one of the cases where it was count for weapons of mass destruction we make decisions that send 120,000, even more dangerous than we thought. that he had. There didn’t have to be a 130,000 or 150,000 of our men and women I think when we have the complete large stockpile. A suitcase full of an- into battle that they are fighting a war record you are going to discover that thrax or ricin, or even a handful, can based on information that was in- after 1998 it became a regime that was be a great terrorist weapon, and we tended to give pure advice as best un- totally corrupt, individuals were out will be lucky if we find that small derstood. I do not think the looking for their own protection. In a world amount, particularly after you look at back—20/20 hindsight is always better, where we know others are seeking the lengthy program of denial, decep- but looking back, one has to question WMD, the likelihood at some point in tion, and destruction in which he en- whether the claims that Saddam Hus- the future of a seller and buyer meet- gaged. sein posed a dire and immediate threat ing up would have made that a far There is a lot of intelligence that was to the United States were real. It is im- more dangerous country than even we lacking with respect to Saddam Hus- portant that we have a full examina- anticipated with what may turn out sein. We have to do a better job. The tion, particularly when there were not to be a fully accurate estimate. purpose of the Senate Intelligence other alternatives that would not have There is no question about it not Committee, one of five or six commit- necessarily cost American lives, such being a fully accurate estimate. This is tees already investigating it, is to find as continued pursuit of U.N. inspec- one of the areas where I think all of us out not only what we lacked but also tions which were claimed to have been would agree, we did not have as good to recommend changes because the one ineffective, further diplomacy point- intelligence as we should have. We area on which we would agree is that less, when in fact apparently all of didn’t have as good intelligence in the we have to have a better system of in- those efforts at U.N. inspections and 1990s, when we should have. And Presi- telligence. What we learn is going to other things had actually been success- dent Clinton, on February 17, 1998, said: put us on that track. ful. There has been a huge failure, one If Saddam rejects peace and we have to use I know the staff has worked hard. I that is very real in the lives of the fam- force our purpose is clear. We want to seri- am looking forward to the report. I will ilies who have given up their sons and ously diminish the threat posed by Iraq’s be surprised if it does not confirm what daughters, and I think one that mor- weapons of mass destruction program. David Kay says and lay out some rec- ally requires we have an independent, Secretary of State Madeleine ommendations. The President has a re- bipartisan commission that gets to an- Albright, a day later, said: sponsibility as well. We have an over- swers independently of any of us who Iraq is a long way from here but what hap- sight responsibility. If he wants people have been involved in the decision- pens there matters a great deal here. For the to look at it, to tell him how to im- making, because if we do not have that risks that the leaders of a rogue state will prove it: Good luck. Go ahead. But we use nuclear, chemical or biological weapons I think we are going to always have have the Iraqi Survey Group, internal against us or our allies is the present great- investigations, and I believe probably questions of credibility as we go for- est security threat we face. ward. the best investigation is what the Sen- Sandy Berger, the National Security ate Intelligence Committee has done. So I hope we can work together. I Adviser, said on that same day: certainly intend to offer either on a I apologize. I know my colleague He will use those weapons of mass destruc- stand-alone basis or in an amendment from Illinois wants to speak so I will tion again as he has 10 times since 1983. yield the floor. format an additional opportunity to All of the people who are making Mr. CORZINE. Will the Senator from support a truly independent and bipar- these statements have access to the in- Missouri be willing to take a question tisan commission that can get to the telligence information that we as Sen- with regard to the Senate Intelligence bottom of something I think is funda- ators get. We realize, based on what effort? mental to the national security of this David Kay stated, that we badly under- Mr. BOND. I will be happy to. Nation, and make sure all of our sons estimated the ballistic missile capa- Mr. CORZINE. First of all, I com- and daughters are fighting wars and bility. As a matter of fact, Senator pliment him. I am quite supportive of protecting America with the kind of in- GRAHAM of Florida was prescient in a the Senate Intelligence Committee formation that is there for the best in- letter he wrote. In a letter dated De- doing a total rundown on both the col- terests of us executing our policies, not cember 5, 2001, signed by many others, lection and the analysis that led both for the best execution of our political he said: to the Iraq situation and some of the desires. There is no doubt Saddam Hussein has re- failures he mentioned with regard to I yield the floor. Iran and Libya and different points of The PRESIDING OFFICER. The Sen- invigorated his weapons program. Reports indicate biological, chemical and nuclear view. God knows the Pakistani dis- ator from Missouri. programs continue apace and may be back to semination of technology we have read Mr. BOND. Mr. President, I want to prewar status. In addition Saddam continues about in the newspapers in recent answer some of the concerns raised by to redefine ‘‘delivery system’’ and is doubt- months is a pretty horrific prolifera- my colleague from New Jersey. Basi- less using the cover of a licit missile pro- tion issue about which I think all of us cally what he is describing is the Intel- gram to develop long range missiles that will should be concerned. ligence Committee. For 8 months, our threaten the United States and our allies. But there is this fundamental issue staffs have interviewed over 200 people. That one was right on the mark be- of whether intelligence has been mis- They have gone through thousands of cause that is what we found. used and whether we are getting the pages of documents. We have inves- What are the needs? Obviously, when checks and balances in looking at the tigated all of the charges and all of the there are not people who speak Arabic, collected and analyzed information. concerns that have been raised. when we do not have unofficial agents Are we looking at the full range of pos- There will be a preliminary report in the country, we are missing out on sibilities? provided to the members of the Intel- one of the important elements of a I ask my colleague from Missouri, am ligence Committee on Thursday. Start- good intelligence program. But, you I correct that the chairman of the Sen- ing afresh with another congressional know something. It is not just Iraq. We ate Intelligence Committee said that commission is not warranted. The re- didn’t know how far Libya was along studying the use of the intelligence in- port of the Intelligence Committee has until Muammar Qadhafi, not wanting formation was really not part of the ef- not been seen. to be pulled out of a spider hole by an forts the Senate Intelligence Com- There are certain things that we American soldier standing over him mittee would take on in this process? I know we have seen supported. I believe with a grenade, decided he would come think the record would be specific. But everybody believes David Kay is cred- clean. We were unaware of how far Iran is that the case or not? ible. When he testified before the Sen- has gone. And, clearly, prior to the The PRESIDING OFFICER. The Sen- ate Armed Services Committee on Jan- first gulf war, we did not know just ator from Missouri. uary 28 this year, he said: I think the how far advanced Saddam Hussein’s Mr. BOND. Mr. President, to respond world is far safer with the disappear- programs were. to that question, what the Intelligence ance and the removal of Saddam Hus- We also know—and David Kay was Committee looks at is what is the in- sein. I have said I actually think this clear about this—that we cannot ac- telligence that was gathered. There

VerDate jul 14 2003 02:04 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.084 S03PT1 S530 CONGRESSIONAL RECORD — SENATE February 3, 2004 have been some suggestions that the the American people on something as may. Can’t we find people in this coun- intelligence was influenced or colored critical as a decision to invade a sov- try—I think we can—who will be hon- by pressure from the administration. ereign nation. That is the question be- est, dispassionate, and nonpartisan? David Kay said absolutely not. He said fore the Senate. At issue is not just a question of who he talked to the analysts, there was ab- This week’s Newsweek cover story is comes out ahead on the political ledger solutely no information—there was ab- based on Dr. David Kay’s testimony sheet. The question before the Senate solutely no information—and he said last week before Congress. It has pic- is one of the most important elements that really the intelligence community tures of the leaders of the Bush admin- for America’s national defense and se- owes an apology to the President—and istration and the quote from Dr. Kay, curity. If we had planes being flown in I would say to the American people— ‘‘We Were All Wrong.’’ Iraq that were crashing, if we had for not having done it better. But they The obvious question is, Where was tanks that could not shoot straight, if are dealing with a very inexact science. the error made? Was it just in the col- we had a lot of equipment over there If you follow what other elected offi- lection of intelligence data or was it in that was failing, we would hear very cials had said prior, during the 1990s, the portrayal of that data, the descrip- quickly from the press, from the pub- 2001, 2002—what they were saying tion of that data to the American peo- lic, from the Pentagon, that we need an shows that they used the same intel- ple? That is a painful question and a investigation. ligence. We are looking at the intel- delicate question but an important Here we have a failure of something ligence, the national intelligence esti- question. equally important, a failure of intel- mates and all those things. We look at Senator CORZINE has said for many ligence. We need to get to the bottom it, and if you want to second-guess, if months we need to have people come of it. If we are going to be successful in you want to argue that we should not and ask that question, both questions, any war on terrorism, we need the very have gone into Iraq, I think David Kay in an honest and bipartisan way. I sa- best intelligence in the world. Clearly, answers that and says the world is far lute him for his leadership on this our intelligence failed us in the leadup safer. It was a much more dangerous issue. I know he has been frustrated by to the invasion of Iraq. situation than we thought. the rejection of the Senate for his pro- We find ourselves today in a situa- Yes, there are errors. There are areas posal, but now it is full circle. Now, tion which is likely to be long term, where we overestimated his capability. even the President, who once opposed costing American taxpayers $1 billion a There are areas where we underesti- him, says it is time to move to a com- week but, more importantly, con- mated his capability. But the fact re- mission. tinuing to cost American lives. That is mains that Saddam Hussein had so Mr. CORZINE. Will the Senator a compelling reason to move on this with dispatch. much weaponry, it is going to take 18 yield? I sincerely hope Senator CORZINE’s months just to destroy it. He still may Mr. DURBIN. I am happy to yield. suggestion is followed up on as quickly have chemical and biological weapons. Mr. CORZINE. It seems to me it is absolutely essential we understand how as possible. We look at what the intelligence is. Mr. DORGAN. Will the Senator the President of the United States can The PRESIDING OFFICER. The time yield? put those 16 words—which were in ab- of the Senator has expired. Mr. DURBIN. I am happy to yield. Mr. DURBIN. I ask unanimous con- solute conflict with the information Mr. DORGAN. I ask the Senator from sent to be recognized in morning busi- that generally was available in the In- Illinois if it is not the case that the ness for 30 minutes. telligence Committee, if I read that gathering of intelligence—today, to- The PRESIDING OFFICER. Without properly—into the State of the Union night, tomorrow morning, yesterday— objection, it is so ordered. Message of 2003 with regard to alu- might be the very function that deter- Mr. DURBIN. Mr. President, let me minum tubes and with regard to ura- mines whether our country is able to say at the outset I commend my col- nium and then later the whole discus- determine and prevent a future ter- league from New Jersey, Senator sion, particularly Secretary Powell’s rorist attack against our country; isn’t CORZINE, who came to this floor several presentation to the U.N. of the use of the intelligence-gathering system that months ago and said we need an inde- aluminum tubes. This was also in very important? pendent commission to look at the in- strong contradiction to much of the in- Mr. DURBIN. I say to the Senator telligence that led up to an invasion of formation that is now available. We from North Dakota, more important Iraq, and the use of that intelligence, could go on, with unmanned aerial ve- than it has ever been, since September and called for a vote on that issue. I hicles and a whole series of other 11. It is only with valid, credible, good don’t remember the final outcome of issues. intelligence that we are able to antici- that vote, but I know I stood with him So somehow or another there were pate someone who is trying to cause because I thought it was the right disputes about the response that one harm to the American people or to thing to do. Many people on our side of should make with regard to collection strike us in our territory or to, frank- the aisle and the other side of the aisle and analysis of data. And that gets at ly, attack our special interests around resisted that suggestion, saying the the fundamental question of how did the world. Intelligence is a critical Senate Intelligence Committee would we use or misuse the intelligence that part of our national defense. be able to do this investigation. was presented. To not come up with an Mr. DORGAN. I inquire if the gath- But the Senator from New Jersey has answer that is credible to the Amer- ering of intelligence is so critical—and hit the nail on the head. Senator ROB- ican people, credible to policymakers the Newsweek magazine describes it as ERTS, the chairman of the Senate Intel- in this body, and credible to our allies a failure in the description by Mr. Kay, ligence Committee, made it clear long and the world community is a failure the top weapons inspector—if, in fact, ago that our committee, the Senate In- of leadership on our part. It becomes it is a failure, then I would expect that telligence Committee, would not look absolutely essential that any inde- the President of the United States, the into the use of intelligence but, rather, pendent commission needs to deal with Congress, and the American people whether it was accurately gathered and the use, not just the collection and would demand, on an urgent basis, that presented to the policymakers. That is analysis. we figure out what happened, what is a critically important question and one Is that how the Senator from Illinois wrong, and how to fix it. Not later, that would be part of any valid inves- feels? now. The safety and security of this tigation. Mr. DURBIN. Yes, which is why I country depends on it. But equally important, if not more, supported the early resolution. I hope With respect to the issue of intel- is whether or not that information, the Senate will return to that. I hope ligence, we ought to now understand, once given to the policymakers, was we can find a way to choose people who having the vision in the rearview mir- honestly communicated to the Amer- are fair arbiters. There is a fear on the ror, the issue is not what we think but, ican people. I can think of nothing other side that something will be done rather, what we know when a country worse in this open forum of govern- to embarrass the administration before changes a doctrine, as the President ment than to have the suggestion that an election, especially a feeling we did, with respect to preemptive at- there were misrepresentations made to should let the chips fall where they tacks. If you talk about preemption

VerDate jul 14 2003 02:04 Feb 04, 2004 Jkt 029060 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\CR\FM\G03FE6.087 S03PT1 February 3, 2004 CONGRESSIONAL RECORD — SENATE S531 you better know things rather than or failing in my administration, so be that kids need help, and the Federal think things. it. It is more important that the Amer- Government continues to say: Take the I went back and reread the presen- ican people know that we have done ev- test, announce whether you are a fail- tation to the United Nations by the erything in our power to make this a ing school or a successful school, and Secretary of State. When he made that safer nation. we will provide you with less money presentation, I thought to myself, that That should be the attitude of all than we ever promised. is a masterful presentation. And what Members. We should swallow our polit- During the debate on No Child Left he did, interestingly enough, is say: We ical pride and say this is not about par- Behind, Senator Paul Wellstone of know the following; we know the fol- tisanship. If an error was made by any Minnesota sat behind me. He opposed lowing; we know. And he put pictures President, Democrat or Republican, the program from the start. He said: up and he put up pieces of informa- which has put us in harm’s way or en- You are going to create a program tion—we know this from human re- dangered America’s security, don’t we where the tests become the object of sources; we know this from inspec- deserve to know that? The fact that education rather than learning. Unfor- tions; we know this from satellite the Senate Intelligence Committee has tunately, because the tests create such photos. drawn a line and said they are not high stakes, many teachers will have They did not know it. What he said going to even ask the question as to no recourse but to teach to the test, we knew turns out to have been fun- whether the intelligence was misused thus dampening the enthusiasm to damentally wrong. by any member of the Bush adminis- learn, the creative element that is part So it seems to me the President, the tration tells me they are being politi- of education. Congress, and the American people cally protective. They are protecting That was Paul Wellstone’s point. I ought to demand on an urgent basis the political interests of the White said: Paul, I disagree with you. Tests there be an independent commission to House instead of the paramount con- are about accountability. We have find out what on Earth happened and cern, which should be protecting the taken tests all through our school how do we fix it. American people. years, and we should hold our students Let me make one final point, if I I hope, frankly, there is an inde- accountable, our teachers accountable, might. Can there really be an inde- pendent commission that asks hard our school boards and others account- pendent commission, when a President, questions of those in the Clinton ad- able through testing. So I disagreed who did not want a commission in the ministration and President George W. with him on that premise. Then he added: But I will tell you first place, and said in recent weeks he Bush’s administration and any admin- something else. When it comes to pro- did not want a commission, now will istration that might have some bearing viding the Federal resources that you say our executive branch and our ad- on the intelligence capacity of America are going to promise, I’ll bet they ministration will create a commission and on the protection of this great Na- won’t be there. When the schools need that is independent? Can that really be tion. I thank the Senators who joined them, they won’t get the help from the a commission? Or is it not the case in on this important issue. Federal Government to improve the that a truly independent commission f education of our children. would be one that follows the course Unfortunately, as I have traveled that we usually follow on urgent THE PRESIDENT’S FISCAL YEAR 2005 BUDGET around Illinois, I am afraid former Sen- issues, and that is, we put in law, a law ator Paul Wellstone was right on both Mr. DURBIN. Mr. President, I came from Congress, that creates and funds a counts. We are finding more and more to the floor to address President Bush’s commission and creates a truly inde- teachers and principals and school fiscal year 2005 budget. This budget was pendent body to take a hard look at boards complaining that they are presented to Congress yesterday. It has what happened. spending more and more time focusing been characterized by the Concord Coa- The executive branch cannot possibly on tests, doing their level best to avoid have a commission that investigates lition, and others, as one of the most being branded a failing school and fac- itself. This is not about politics. There irresponsible Federal budgets to have ing sanctions from the Federal Govern- is no political way to talk about safety been filed. It continues President ment. And when they find some stu- and security of the American people Bush’s failed tax policies, unfortu- dents who are not meeting the test and our great reliance on intelligence. nately, at the expense of Social Secu- standards, they are hard pressed to This is not about Republicans or rity and Medicare. It shortchanges come up with the tutoring that is nec- Democrats. This is about the future of funding for schools. It shifts the burden essary, the afterschool programs or this country and getting it right. It is of paying for environmental cleanup summer school programs to bring these critically important. from the polluters to ordinary tax- kids back in the mainstream and to The Senator from New Jersey and payers. And it hurts States in the Mid- bring them up to the level where they what he has been talking about for west, such as my own State of Illinois, should be. months about this independent com- that are facing terrible budget situa- So what do we find in this budget mission is right on the mark, as is the tions. It imposes new Federal mandates from President Bush when it comes to Senator from Illinois. I am pleased to without providing adequate Federal his premier policy on education? The join him in this discussion about how funds. law in No Child Left Behind authorized important intelligence really is. The budget is a fundamental reversal $34.3 billion in funding to school dis- I ask that 10 minutes be added to the of the very things the President said tricts in this next fiscal year—$34.3 bil- Senator’s allocation for his presen- his administration stands for. It is not lion. The President’s budget only pro- tation. compassionate, it is not conservative, vides $24.9 billion. The President’s Mr. DURBIN. I think the Senator and, sadly, it is not credible. budget falls short by over $9 billion of said something important in relation Why is it not compassionate? The keeping its promise to the American to the September 11 commission, a President’s budget again fails to pro- schools and people that we would give commission which is headed up by vide full funding for No Child Left Be- them a helping hand so that the kids former Republican Governor Kean of hind. This was the premier education could move forward in their education. New Jersey, which has asked for an ex- policy of the Bush administration, sup- In Illinois, a State which is facing a tension of time, so on a bipartisan ported, on a bipartisan basis, by this deficit, which is causing a lot of hard- basis they can ask all the questions as Senator and many others on the floor, ship, we are going to lose over $250 mil- to whether or not we did anything with the understanding that as we lion which would have come to us had wrong that led up to September 11, and identified the weaknesses and short- the President put in his budget a re- what we could have done to prevent it. comings in public education, we would quest for funds adequate to fund his Former President Bill Clinton said to come forward with the money to help premier policy for education. So in Illi- a gathering of Senators, I am prepared the students reach the level of testing nois we are facing a mandate, No Child to testify before that commission. I am where they should be. Left Behind, and no funds to pay for it. prepared to cooperate with them com- Now we find in Illinois and States Well, I can tell you, school districts pletely. If there was any shortcoming across the Nation that test scores show around my State can think of a lot of

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