Congressional Record—Senate S7952
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S7952 CONGRESSIONAL RECORD — SENATE July 13, 2004 To fix this problem, Senator FEIN- close to the intelligence process to pro- things. No. 1, we want to define mar- STEIN and I are about to propose legis- vide an objective view of what really riage as the union of a man and a lation that will establish a Director of needs to be classified. Consequently, I woman. No. 2, we want to restrict the National Intelligence—or DNI. The DNI am working with Senator WYDEN to action of the court’s ability to define will be a Cabinet-level position that propose legislation that will establish a marriage. Then, No. 3—and perhaps the will lead the intelligence community, small independent group under the most important part of this debate—we and be responsible for aggregating in- President that will review documents want to give the American people an telligence for the President. such as this report to ensure that clas- opportunity to debate this through As for the specific processes that cry sification decisions are independent their elected representatives in the out for reform, the report focuses on and objective. In addition, I urge the Congress here and in the State legisla- two in particular. One, layering of un- President to nominate as soon as pos- tures. certain conclusions—judgments were sible a candidate to serve as the Direc- It has been a grassroots type of proc- layered upon other judgments, and spe- tor for Central Intelligence. ess from the bottom up. We have heard cific concerns and uncertainties were This is a critical time of this Nation a lot of concerns from people all over simply lost; two, group think—because as we fight the global war on ter- America about the way the courts are we knew Saddam Hussein had weapons rorism, and we need to have effective dealing with the issue of marriage and of mass destruction, and used them on leadership in-place at the CIA as soon their frustrations in not being able to his people, any data that appeared to as possible. As we make progress in fix- address this issue. support this continued behavior was ing the intelligence community, I re- We heard a lot of good comments viewed favorably, and dissenting data peat my call to both sides of the aisle from some of my colleagues yesterday was discounted or underreported. to not politicize the issues or the pro- in debating the marriage amendment. Those ‘‘process’’ types of deficiencies spective remedies. We owe it to the In favor, we have had Senators HATCH, quickly lead one to ask: How can the American people and to the members of SANTORUM, SMITH, FRIST, BUNNING, intelligence community provide better the intelligence community to fix the KYL, CORNYN, SESSIONS, LOTT, and oversight and supervision of ‘‘expert’’ fundamental problems outlined in this BROWNBACK—all explaining why it is analysts; and how can the Congress report, and create an intelligence com- important that we move forward in provide more effective oversight of the munity that can best serve the na- passing this amendment. intelligence community? There are tional security interests of the United We have heard pretty much proce- clearly process reforms needed within States. dural arguments from the other side. the intelligence community, and We are part of the problem. Let’s find Our side was talking about their con- Congress’s oversight of that commu- the solution. cern about losing the institution of nity. I yield the floor. marriage, that it is basically a funda- I know that Chairman ROBERTS and f mental building block of society, and if Vice Chairman ROCKEFELLER, are very we want democracies such as the CONCLUSION OF MORNING concerned that our intelligence com- United States to survive, we need to BUSINESS munity is broken, and are committed have good, functioning families. If fam- to taking action in the coming weeks The PRESIDING OFFICER. Morning ilies do well, children do well. We will and month to address many of the business is closed. hear more about that today. Then we most critical deficiencies. f will hear about the democratic process With particular regard to congres- in which we allow American citizens to sional oversight, I believe that there FEDERAL MARRIAGE AMEND- participate. This is the essence of what are some fundamental things that need MENT—MOTION TO PROCEED we were talking about yesterday and to be changed such as term limits of The PRESIDING OFFICER. Under the inevitability of what is going to committee members. Currently, mem- the previous order, the Senate will re- happen through our courts, that there bers can only serve on the Senate In- sume consideration of the motion to is a master plan out there from those telligence Committee for 8 years. That proceed to S.J. Res. 40, which the clerk who want to destroy the institution of means that when they know enough to will report. be conversant in the intelligence busi- The assistant legislative clerk read marriage to, first, begin to take this ness, they need to rotate off of the as follows: issue to a few select courts throughout committee. We need intelligence com- this country at the State level. A motion to proceed to consideration of We begin to see this in States such as mittee members who can speak the Senate Joint Resolution 40, a joint resolu- lingo and understand the processes. tion proposing an amendment to the Con- Vermont and Massachusetts and a Consequently, term limits need to be stitution of the United States relating to number of other States, and then pro- eliminated. marriage. ceed up through the States; and once Also, the jurisdiction of the Intel- The PRESIDING OFFICER. Under they get favorable rulings from a few ligence Committee regarding classified the previous order, the time until 8 courts that are dominated pretty much matter is sometimes muddied due to p.m. shall be equally divided between by activist judges and judges who want overlap with the Armed Services Com- the chairman and ranking member or to ignore the tradition of marriage for mittee. I submit that a simplified ap- their designees. thousands of years, and want to bypass proach to jurisdiction could enhance The Senator from Colorado. the legislative process—then once they oversight and accountability. Mr. ALLARD. Mr. President, I take have established their basis, they want The process of document classifica- this opportunity, before we continue to take it to the Federal courts, and tion and redaction also needs to be re- with the debate, to talk about how im- they will eventually move it to the Su- viewed. When the Intelligence Com- portant it is that we debate in an ear- preme Court. mittee first prepared this report, the nest and sincere way the issue of mar- We heard arguments yesterday about CIA recommended that about half of it riage. Marriage does matter. It is im- how Members of this Congress and con- be redacted. I understand the need to portant to the American people. stitutional scholars believe that the protect the names of sources and intel- We heard earlier comments about Supreme Court—if it reaches the Su- ligence methods. But I can tell you how bringing up issues such as class ac- preme Court—by a very slim majority that most of those redactions were not tion lawsuits, the marriage amend- is probably prone to rule in a way that of that nature; they were everyday, un- ment, and trade were just wasting the would eliminate the traditional family classified words. Congress’s time. Yet the other side as we know it. The report you see today is less than doesn’t think it is a waste of time to So this is an important issue. It is a 20 percent redacted, and the Intel- raise taxes, to increase more laws so very timely issue. We have 46 States ligence Committee is still working we have fewer and fewer rights, to re- that have individuals living in them— with the CIA to release more of the re- strict the free enterprise system, and at least 46—who have same-sex mar- port. in a sense create more government. riage licenses. They have been granted Notwithstanding, it is my belief that In the debate on marriage, we are them as a couple through either Massa- in matters such as these, the CIA is too trying to accomplish a number of chusetts or Oregon or California. We VerDate May 21 2004 00:27 Jul 14, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A13JY6.005 S13PT1 July 13, 2004 CONGRESSIONAL RECORD — SENATE S7953 have 11 States that have had court This is no minor change, or slight adjust- from a dozen Massachusetts towns and an- cases filed in them today. So the plat- ment. It is a fundamental break with all of other from several same-sex couples from form for action from those who favor our laws, experiences and traditions. Maine, New Hampshire, New York, Rhode Is- same-sex marriages has been well es- When some in the state Senate asked land and Connecticut. The couples argue whether a ‘‘civil unions’’ bill would satisfy that this new right is so powerful that deny- tablished. the ruling, the Court rejected the alter- ing it to non-residents violates the Massa- Now, in reaction to that, we have native, writing that traditional marriage chusetts constitution, as well as the Privi- some 48 States that have laws they amounts to ‘‘invidious discrimination’’ and leges and Immunities Clause of the U.S.