December 8, 2004 CONGRESSIONAL RECORD—SENATE 25775

I am not going to dwell on this other Senator WARNER, who stepped in to through to passage today and later sig- than to say it is people like him who lend an able hand in this last week; nature by the President of the United have such a love for this institution Senator JON KYL, whose patience has States. they have worked in, that even though been remarkable; Senator TED STE- f they leave, they are back. He had a VENS, our very experienced hand who INTELLIGENCE REFORM AND TER- very good business downtown but came has dealt with all of the programs RORISM PREVENTION ACT OF here all the time. under review in this bill for decades 2004—CONFERENCE REPORT As the Chaplain in his prayers talks and whose continued interest and lead- about the Senate family, Stan Kimmitt ership and focus on implementation of The PRESIDENT pro tempore. Under was truly a part of the Senate family. this bill will be absolutely critical; the previous order, the Senate will pro- I express my condolences on behalf of Senator TOM DASCHLE, who joined ceed to consideration of the conference the entire Senate to his wife and his hands with me and said right after the report to accompany S. 2845 which the family. report was released that we would clerk will report. The legislative clerk read as follows: The PRESIDENT pro tempore. The work together in a bipartisan way to majority leader is recognized. generate a complex bill in a responsive, The committee of conference on the dis- agreeing votes of the two Houses on the f expeditious way that would respond to amendment of the House to the bill (S. 2845) the recommendations put forth by the THE INTELLIGENCE REFORM BILL to reform the intelligence community and 9/11 Commission. the intelligence and intelligence-related ac- Mr. FRIST. Mr. President, today is a That product has been developed and tivities of the United States Government, signature day in what has been a Con- will be delivered to this body shortly and for other purposes, having met, have gress of milestone achievements. Our and will be voted on this afternoon. agreed that the Senate recede from its dis- last vote this year will be on one of the The legislation is not perfect. It does agreement to the amendment of the House most consequential legislative initia- and agree to the same with an amendment, not solve every problem. But the legis- and the House agree to the same, signed by tives of this session, intelligence re- lation was not designed to solve every a majority of the conferees on the part of form. The road to this moment has problem. Specific problems were identi- both Houses. been filled, as we have all witnessed fied by the work of the Commission (The conference report is printed in and participated in, twists and turns. and Congress in reviewing operations the House proceedings of the RECORD of Our hearts still run with the emotions in the intelligence community in the December 7, 2004.) of the attacks on our Nation on 9/11. years leading up to the 9/11 attacks. To The PRESIDENT pro tempore. The Our sorrow became our resolve to pro- the best of our ability, we have pro- majority leader. tect our homeland with all of the tools duced legislation that, with the vision- Mr. FRIST. I suggest the absence of a that could possibly be at our disposal. ary leadership from the President and quorum. Under the President’s leadership, al- his Cabinet, will serve to make Amer- The PRESIDENT pro tempore. The Qaida was chased from Afghanistan, ica safer. clerk will call the roll. and that country was freed. To head off I can’t emphasize that last point The legislative clerk proceeded to an imminent threat, our country top- enough. Today we are safer than we call the roll. pled Saddam Hussein from his dictator- were before 9/11, but we are not yet Mr. FRIST. Mr. President, I ask ship in 3 short weeks. safe. Active and engaged Americans unanimous consent that the order for To begin the process of making our around the world and here at home are the quorum call be rescinded. country safer here at home, we created our first and our best line of defense The PRESIDENT pro tempore. With- the Department of Homeland Security. against a philosophy that seeks and is out objection, it is so ordered. Mr. FRIST. Mr. President, in a dis- And now we take another large step committed to doing us harm. This leg- cussion with the Democratic leader- forward—not the last, but another islation is an important tool in a war ship, we have come to an agreement large step forward—by recognizing that against terrorism, but it is not one- our intelligence community needed re- that gives us a pretty good template stop shopping for our country’s needs. for the organization during the course organization, responding to that reor- It should help in making sure that our ganization, and doing that reorganiza- of the day. This will be useful, and I intelligence assets are deployed wisely, will ask unanimous consent shortly to tion for the first time in 50 years. that information developed is shared Change is never easy—the summer and allocate time for the people who have broadly, that our strategy to fight this come forward and said they would like fall have been proof of that maxim— war evolves effectively, and it will ac- to speak prior to the vote. but big change is on the way for our in- complish those things. As part of this, the managers will telligence community, change that will The families who lost their parents, have time right before the vote—up to serve our country to make it safer and their children, their relatives, their 30 minutes, but probably that much more secure. close friends on that tragic day in New time will not be used before the vote— I can’t credit enough the careful and York and Pennsylvania and Wash- to add closing statements. thorough work of the chairman of the ington, all deserve our constant dedica- I ask unanimous consent that debate Senate Governmental Affairs Com- tion in the Congress to buttress the on the conference report be limited to mittee. At my request she cancelled all war on terror. This conference report is the list below: summer plans and, with her counter- our latest contribution, not our final Senator COLLINS will be controlling part on the Senate Governmental Af- contribution, to that conflict. No one 45 minutes; Senator LIEBERMAN, 45 fairs Committee, Senator LIEBERMAN, should have to suffer the horror and minutes; Senator BYRD, 120 minutes, to began work immediately on this crit- anguish of the 9/11 events again. begin at 12:30 p.m.; Senator STEVENS, 5 ical project, literally hours after the I will close by saying that when we minutes; Senator ROBERTS, 10 minutes; 9/11 Commission issued its report. act later today, we will have acted on Senator ROCKEFELLER, 10 minutes; Sen- From beginning to end she has brought that hope. We will have kept our ator DURBIN, 15 minutes; Senator WAR- her talents and skill to an extremely charge as Members to stand on behalf NER, 30 minutes; Senator LEVIN, 15 min- difficult issue. Chairman SUSAN COL- of America in her defense. And we will utes; Senator GRAHAM of Florida, 15 LINS demonstrated tremendous leader- have stood and made a lasting dif- minutes; Senator COLEMAN, 10 minutes; ship. The Senate and the Nation are in ference that is a fitting capstone to the Senator CARPER, 5 minutes; Senator her debt. 108th Congress. SPECTER, 20 minutes, and his comments This day cannot go by without also I thank all Members for their pa- will follow Senator LIEBERMAN’s com- thanking many other Members: Sen- tience. I appreciate them for their dili- ments this morning. ator LIEBERMAN, the ranking member; gence and dedication since the end of I further ask that following the use members of the Governmental Affairs July, working nonstop to bring this or yielding back of the time, the Sen- Committee, and the Senate conferees; bill to the floor and ultimately see it ate proceed to a vote on the adoption

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25776 CONGRESSIONAL RECORD—SENATE December 8, 2004 of the conference report, with no inter- The PRESIDENT pro tempore. I am when it comes to matters of national vening action or debate. informed that if one Senator does not security, there is no place for partisan- Mr. REID. Mr. President, reserving appear, or does not use his or her allo- ship. We worked from the very begin- the right to object, I will ask a couple cated time, that will not delay the Sen- ning to forge a bipartisan bill, and I am of things: One, that the time for ate from voting at the time specified. very pleased that the conference agree- quorum calls run off of the time equal- Mr. REID. Well, so there is no confu- ment we bring before the Senate today ly against everybody. I suggest that sion, it is my understanding this adds is a bipartisan agreement. I am con- those people who have time come over up to about 3:45 this afternoon. fident that later today it will receive a and use it. Senator BYRD will be here The PRESIDENT pro tempore. The strong bipartisan vote. But it was Sen- at 12:30. That time is locked in for 2 Chair is so warned by the Parliamen- ator LIEBERMAN’s determination, his hours. I think this is fair and reason- tarian not to have a debate with the leadership, and his commitment to this able. I will also ask the distinguished Senator, but the Senator is correct. cause that made it possible. It has been majority leader if we will be able to— Mr. REID. Mr. President, I ask unan- a great pleasure to work with him, and this vote is not close or controversial imous consent that the vote occur no I look forward to many future collabo- in any way, and nobody is trying to do later than 4 o’clock, and that it could rations. anything untoward. People on both occur more quickly if the time is used I am also very proud of all of our col- sides may not be here at whatever time up. leagues on the Homeland Security and the vote begins. The PRESIDENT pro tempore. Is Governmental Affairs Committee. The PRESIDENT pro tempore. Is the there objection to the leader’s request They worked so hard. From the very Senator asking that the time be as modified? first hearing that we held in late July charged against all those who have Mr. SPECTER. Mr. President, for to the completion of the conference time, or just against— clarification, I will follow Senator agreement over the weekend, they were Mr. REID. I ask unanimous consent LIEBERMAN for 20 minutes. So it is Sen- there every step of the way. No leaders that the quorum calls—when they are ator COLLINS and Senator LIEBERMAN, of a conference could ever have had in effect—be charged against everyone and then I am up for 20 minutes? more devoted and dedicated conferees except Senator BYRD at 12:30. After The PRESIDENT pro tempore. The than Senator LIEBERMAN and I had. 12:30, it would be charged against him Senator is correct. The Chair’s under- We were also fortunate to be blessed also. So the time during quorum calls I standing is that this becomes the order with an outstanding staff. Both Sen- ask be charged against all speakers for Senators to speak. ator LIEBERMAN’s staff, and my staff, equally. Otherwise, we are going to Mr. FRIST. No, Mr. President. We headed by Michael Bopp, have worked wind up with more people—— have no specific order. The unanimous countless hours over the last 41⁄2 The PRESIDENT pro tempore. The consent request was granted that Sen- months. They sacrificed family vaca- Chair is constrained to ask the Senator ator SPECTER follow Senator tions, and they have sacrificed a great to modify that. The occupant of the LIEBERMAN, and that is the only spe- deal of sleep. They have been here Chair has asked for 5 minutes. That cific request. The order, otherwise, has night and day working because they so could entirely wipe out the amount of not been determined. Senator COLLINS believed in this legislation. We could time I have allocated to me. will speak, then Senator LIEBERMAN not have done it without them. Mr. REID. It would not if it is done and Senator SPECTER. On the House side, I want to thank on a proportionate basis. Well, if the Mr. REID. Reserving the right to ob- Speaker HASTERT. His chief of staff de- vote does not occur until 7 o’clock, I ject, Senator DURBIN would like to voted hundreds of hours to assisting in don’t really care. I will withdraw that speak after Senator SPECTER. these negotiations. Congressman PETE request and we will let things fall The PRESIDENT pro tempore. Is HOEKSTRA and Representative JANE where they may. there objection? Without objection, the HARMAN led the conferees on the House Mr. FRIST. Mr. President, for clari- modified request is agreed to. side. They did outstanding work. They fication, this is a plea to our colleagues The PRESIDING OFFICER (Mr. were absolutely committed to the prin- to be here and be speaking on the floor GRAHAM of South Carolina). The Sen- ciple of crafting legislation that would of the Senate. We are trying to do an ator from Maine. make America safer and more secure. awful lot, so we can start the vote Ms. COLLINS. Mr. President, in New Throughout this process, President around 3 o’clock. It will likely finish England, we have an old expression: Bush has provided outstanding leader- around 5:15. In order to accomplish The difficult we do immediately; the ship. I would say that without the help that, we cannot be sitting in quorum impossible takes us a little longer. of the President of the United States calls. We need the people wishing to The Intelligence Reform and Ter- and his Vice President, we would not speak to be here on time and to be rorism Prevention Act of 2004 before us be here today. Their intervention at available. Check with the managers. today at times seemed to be an impos- critical points throughout the debate The PRESIDENT pro tempore. May sible goal. So it took us a little bit was absolutely essential in helping us the Chair suggest that the time for longer. It has been a long and arduous to forge the compromises that were quorum calls be charged against the journey to reach this point today, but necessary to move this bill along. next person in line to speak and put the extraordinary perseverance of the We all owe a great debt to the mem- these speakers in order? 9/11 Commission, the families of the bers and the staff of the 9/11 Commis- Mr. FRIST. Mr. President, since we victims of the attacks on our country, sion. I have worked very closely with have not talked to each individual, I the conferees, our talented staff, our the chairman and vice chairman, Gov. don’t want them necessarily to have to leaders, and, most of all, the President Tom Kean and former Representative come in this order. I think we can of the United States brought us to this Lee Hamilton. The work they did, their leave it with the understanding that point today. leadership, their investigations, their we need speakers here to work with the We would not be at this historic mo- interviews of 1,200 people in 10 coun- floor managers and to have no down ment without the informed, strong, tries provided a solid foundation for time over the course of the morning and bipartisan leadership of my good the recommendations they made and and, if so, we are going to ask people to friend, the Senator from Connecticut, for the reforms included in this bill. try to shorten their remarks. Mr. LIEBERMAN. I am deeply grateful to I am very pleased that we have their Mr. REID. Parliamentary inquiry, him for his leadership and for working endorsement. They said: Mr. President: If in fact we don’t lock in partnership with me. We believe this is a good bill and a strong in a time for the vote, and Senators de- When Senator LIEBERMAN and I were bill. We believe it will make our country cide not to come and speak, we cannot first assigned this task by our Senate safer and more secure. We also believe that have a vote until they finish their leaders back in late July, we pledged to the essential elements of the Commission’s time; is that right? work together and to recognize that recommendations remain intact. We are of

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25777 the firm view what this conference report de- The new director of national intel- and I believe, as does Secretary Powell, serves the support of the House and the Sen- ligence will be a strong position with this bill will do just that. ate. clear and effective authority to build I emphasize that nothing in this bill But, Mr. President, perhaps the and execute the intelligence budget. in any way hinders or impairs military greatest debt of all is owed to the fami- The DNI will be a dramatic improve- operations or readiness. To the con- lies of the 9/11 victims. In their pro- ment over the structure we have today. trary, I believe this legislation will found loss, they found courage and de- For the first time, we will have, in the help improve the reliability and the termination. Their knowledge has con- words of Secretary of State Colin Pow- quality of intelligence provided to our tributed greatly to our debate, and ell, an empowered quarterback for our troops. their passion constantly reminded us of intelligence team. Another important provision of this why we are here and what is at stake. To illustrate why this is important, bill would implement the recommenda- They never let us give up. They refused why these authorities are crucial, let tions of the 9/11 Commission by cre- to let us fail. us consider a passage from the 9/11 ating a civil liberties board. As we in- I am grateful to Senator FRIST and Commission Report. In late 1998, it had crease the power of Government to deal Senator DASCHLE for assigning our become apparent to CIA Director with the threat of terrorism, we must committee this important task. They George Tenet that al-Qaida was a grow- be mindful to preserve those freedoms showed great confidence in us, and I ing and deadly threat to the people of that define us as Americans. We would am pleased we did not let them down. this country, so on December 4 of that be handing the terrorists a victory if This legislation addresses the alarm- year, he issued a memorandum that we were to compromise the civil lib- ing flaws in our national intelligence said the following: erties Americans cherish. This board structure that were so horribly and We are at war. I want no resources or peo- will help make sure we strike the right painfully exposed on that black Sep- ple spared in this effort, either inside CIA or balance. tember morning more than 3 years ago. the Community. Finally, other key provisions of this It does what nearly a half century of Now, that is a pretty clear, concise, bill, for which Senator DURBIN deserves studies and legislation calling for in- direct order from the head of the intel- great credit, are provisions that will telligence reform failed to do. It is leg- ligence community. improve the sharing of information islation whose time has finally come. According to the Commission, the across our intelligence agencies and The legislation implements the memorandum had virtually no impact. throughout the Federal Government. major recommendations of the 9/11 One reason it had so little overall ef- We know from the extensive review of Commission. We are rebuilding a struc- fect on mobilizing the resources of the the 9/11 Commission that various agen- ture that was designed for a different intelligence community is that the Di- cies throughout our Government had enemy in a different time, a structure rector of the CIA, beyond the direct pieces of the puzzle that had it been as- that was designed for the Cold War and control of the CIA, has very little au- sembled might have allowed them to has not proved agile enough to deal thority over the funding, the people, prevent the attacks on our country on with the threats of the 21st century. and the other resources in the intel- 9/11. We need to make sure we have a We have transformed that structure ligence community. This legislation culture in our Government of assem- into one with the agility needed to re- will ensure that in the future, when bling the pieces of that puzzle, of shar- spond to international terrorism, rogue such a clear, concise order is issued, it ing information. I believe the Counter- states, the proliferation of weapons of will mobilize and galvanize the re- terrorism Center, the information- mass destruction, and the other chal- sources we can bring to bear. sharing provisions, and having a DNI lenges and threats of the 21st century. The second important key compo- will all improve and remedy that prob- The legislation reforms the intel- nent in this bill is the creation of the lem. ligence community and it gives us the National Counterterrorism Center. The 9/11 Commission has told us re- tools to respond to threats of which we This will build on the good work al- peatedly of the valiant and talented may not even be aware at this point. ready being done by the Terrorist men and women we have in our intel- It is fitting that this legislation Threat Integration Center created by ligence agencies, and I salute their comes to a final vote during the week the President through an Executive good work. I believe today that we will when we pause to remember the events order. The NCTC will help demolish the be giving them the tools they need to of December 7, 1941. Just as the Na- information stovepipes that the 9/11 be more effective. This legislation pro- tional Security Act of 1947 was passed Commission found and it will replace vides those good people with a good to prevent another Pearl Harbor, the them, it will turn them into conduits structure. Intelligence Reform Act will help us for information sharing across the in- Time, commitment, and perseverance prevent another 9/11. telligence community. The NCTC will have brought us this far. I urge my col- I am not saying that this legislation also conduct strategic operational leagues to join us in completing the will prevent future terrorist attacks, planning to coordinate the agencies journey by giving this landmark legis- but it will increase the capabilities of that are planning our response to al- lation an overwhelming vote later this the intelligence community and help Qaida and the other threats to our na- afternoon. This legislation will imple- us improve the opportunity to better tional security. ment the most sweeping significant re- detect, prevent, and, if necessary, re- Throughout the debate on this bill, forms of our intelligence community in spond to attacks on our country. in addition to improving the ability of more than 50 years. The reforms are The four primary components of this the intelligence agencies to cooperate long overdue, and they will help to legislation are the creation of a direc- and coordinate their efforts, we have make our Nation more secure. tor of national intelligence, the estab- also been mindful of our troops fight- I reserve the remainder of my time. lishment of a national counterterror- ing on the front lines in the war The PRESIDING OFFICER. The Sen- ism center, the creation of a civil lib- against terrorism in Afghanistan and ator from Connecticut. erties board, and strong information- Iraq. Both Senator LIEBERMAN and I Mr. LIEBERMAN. Mr. President, I sharing provisions. There are also are privileged to serve on the Senate rise to join with Chairman COLLINS in many other provisions in this bill that Armed Services Committee. I contend recommending the adoption of this improve border security, that improve that our current system has not always conference report on the Intelligence transportation security, that set a new served our troops well. It did not pre- Reform and Terrorism Prevention Act direction in our foreign policy. dict the insurgency that has cost us so of 2004 which, of course, implements This is a comprehensive approach many lives in Iraq. We owe it to our the key recommendations made by the that embodies many—indeed, most—of troops on the battlefields, as well as to 9/11 Commission Report. the recommendations of the 9/11 Com- our civilians at home, to improve the I begin by thanking Senator COLLINS mission. quality of intelligence they receive, for her extraordinary leadership in this

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25778 CONGRESSIONAL RECORD—SENATE December 8, 2004 effort. In the 16 years I have been that is so critical to our national secu- intelligence about their plans before here—and it is self-evident to the Pre- rity—that we have ended it with a bi- they strike so we can stop them before siding Officer and others that I am partisan, nonpartisan triumph. It they strike. much the senior of Senator COLLINS—I ought to send a message to the Amer- This legislation moves us toward have never had a better legislative ex- ican people, and perhaps just as impor- that goal significantly by transforming perience. tant to us here, that we are capable of our intelligence community from a This task came to us quickly. There doing this. When the chips are down, Cold-War model—and after all, it was was an enormous amount of work to we are capable of getting together at the outset of the Cold War that the do. As I said yesterday, it was a long across party lines and doing what is current structure was conceived—a and winding road we walked down, but right for the country. That, ulti- Cold-War model that shared informa- we ended up where we needed to be and mately, is why we all came here. That tion only if there was a need to know, where the Nation needed us to be, and gives us the greatest satisfaction and, to a 21st-century model that will share it simply could not have happened incidentally, it is probably the smart- information to maximize the intel- without SUSAN COLLINS’ leadership. est and most productive thing we can ligence community’s substantial re- She has an extraordinary sense of pur- do politically as well. sources and expertise and, yes, guar- pose and principle. She understands the This simply would not have happened antee greater returns for the billions difference between right and wrong in the Senate without the chairman of and billions of dollars of taxpayer and, in a legislative context, perhaps, the committee on Homeland Security money that are invested in intelligence the difference between better and and Governmental Affairs, and ulti- to protect the American people. worse because that is often where we mately the chairman of the conference, The 9/11 Commission supports our are. She is a persistent and very effec- Senator COLLINS, setting exactly that compromise. Chairman Kean and Vice tive negotiator, knows when to hold tone. I thank PETER HOEKSTRA on the Chairman Hamilton said in a state- them and when to fold them. House side, JANE HARMAN, and all the ment: She is a wonderful person—I think members of the conference committee We believe this is a good bill and a strong maybe I should be that explicit—and for all they contributed. bill. We believe it will make our country that doesn’t hurt around here, either, This legislation is a testament to the safer and more secure. because it gains the confidence of the courage and persistence of the families They support this compromise be- people who work with her. Part of her of the victims of September 11. Their cause it implements the Commission’s being a great person is her great sense personal sacrifices, transformed into a key recommendations to establish that of humor which got us through some of steadfast devotion to see this bill to DNI and a National Counterterrorism our darker moments. passage, will help make the rest of Center that will improve coordination I was thinking one of the great mo- America safer. This bill was conceived and collaboration, as the Commission ments in the process was when we de- in the memory of their husbands and puts it, ‘‘to forge unity of effort’’ be- cided, late in the process, that the wives, their sons and daughters, their tween the 15 intelligence agencies scat- original title we gave to the central po- mothers and fathers and brothers and tered throughout the Government, and sition we created, the National Intel- sisters, and simply would not have to ensure that, unlike up until now, ligence Director, would have the acro- been possible without the constancy of someone is genuinely in charge. nym NID. It doesn’t resonate the effort and the increasingly sophisti- I said to a business executive in my strength that we wanted. Some mem- cated advocacy by the surviving family home State this morning, talking ber of our conference with an inferior members. I thank them. about this bill, explaining why I sense of humor said it would lead to a We have worked hard for this historic couldn’t be with him today at a meet- lot of ‘‘NIDpicking.’’ A lot of laughter agreement because we believe, quite ing in Connecticut, that if anybody in led to the change of the title to the Di- simply, that the security of our Nation business really got inside and looked at rector of National Intelligence, the depends on it. There were various how we are spending the billions of dol- DNI. You can feel the force radiating. times at which people in this Chamber lars we do on intelligence, they—well, We laughed a lot about that and about and the other body said we were mov- they wouldn’t believe it because no one a lot of other things. ing too quickly; what was the cause for is in charge. It is a familiar saying in public serv- haste? I can tell you it didn’t seem we The Commission indicted the status ice and life, and certainly in cam- were moving too quickly to Senator quo of America’s intelligence commu- paigns, that victory has a thousand COLLINS and me. But what was the nity. The 9/11 Commission report is an parents and defeat is an orphan. This is cause for our haste? Our enemies, our indictment of the status quo. Those a victory for the American people. terrorist enemies, al-Qaida and their who pick and try to look for loopholes Many people have a right, here in the ilk, are not waiting, as we know. They in this reform have to remember that Senate, on the 9/11 Commission, the are here. They are planning. We are at the status quo failed to protect the families of the 9/11 victims, the Presi- peril. Accordingly, we approached this American people on 9/11 and it has dent of the United States, the Vice task with a real sense of urgency, a failed in different ways to provide us President of the United States—so grave and growing sense of urgency be- with the quality, accuracy and reli- many people can say, and we might cause we know we face a clear and ability of intelligence that we need. say: Without their involvement this present danger from terrorists. Vice Chairman Hamilton memorably would not have happened. But nobody, The bill before us today is a land- told our committee in our hearings on really, can say that more or feel that mark achievement because, as others this Commission report: more than Senator SUSAN COLLINS of have said and will say throughout the day, for the first time in over half a A critical theme that emerged throughout Maine. I thank her very much for her our inquiry was the difficulty of answering friendship, for her partnership, for her century we are going to modernize our the question: Who’s in charge? Who ensures leadership here, and I, too, look for- national intelligence structure to meet that agencies pool resources, avoid duplica- ward to working with you in many the new challenges we face in today’s tion and plan jointly? Who oversees the mas- similar collaborations in the years world. With this bill, we recognize we sive integration and unity of effort to keep ahead. can no longer keep the American peo- America safe? Too often [the 9/11 Commis- Before I get to the substance of the ple safe simply by projecting military sion said] the answer is no one. bill, I do want to say something about force abroad. The world has changed. The fact is, below the level of the the process here. As we end the 108th Our terrorist enemies today make no President no one has been in charge of session of Congress, unfortunately a distinction between soldiers and civil- overseeing the entire intelligence com- session that was very often polarized ians, between foreign and domestic lo- munity and its multibillion-dollar and partisan, it is really great—besides cations when they attack us. To defeat budget. Today, as testimony before our the specifics of this accomplishment them, we must have the best possible committee validated, no one is clearly

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25779 in charge of the hunt for Osama bin or transfer funds—in the words of the in the Muslim world. It will be at the Laden. No one has had the authority to report—‘‘in an expeditious manner.’’ tactical level—for instance, how we are knit together the efforts of the 15 dis- The DNI will have a major hand in going to capture Osama bin Laden. parate agencies working on intel- the appointment of key officials across The National Counterterrorism Cen- ligence for the American people, and, the intelligence community, thus ele- ter Director will be confirmed by the therefore, no one has ultimately been vating the authority of that position. Senate and it will report to the Direc- accountable for the deadly mistakes He or she will recommend appointment tor of National Intelligence, and in that have been made. of the Director of the Central Intel- some cases to the President himself. This legislation changes all of that, ligence Agency to the President. The Let me talk about those other cen- putting a clear command structure in Secretary of Defense will have to ob- ters. place so that in the future the puzzle tain the DNI’s concurrence in appoint- This bill creates one other center to pieces will be put together, the dots ing the heads of the National Security deal with a most pressing threat to our will be connected, and so, I hope, pray, Agency, the National Reconnaissance security; that is, the proliferation of and believe, we will never have to suf- Office, and the National Geospatial-In- weapons of mass destruction. This part fer through another attack like the one telligence Agency. The Secretary will of the bill was inserted as a result of we did suffer through, and still do, on consult with the DNI before appointing the leadership of the majority leader, September 11, 2001. the Director of the Defense Intel- Senator FRIST. It is an enormous step I wish to briefly discuss some of the ligence Agency. The Secretaries of the forward in dealing with the threat of key provisions, starting with intel- Departments of Energy, Homeland Se- WMD. These are the central structures of ligence reform. curity, Treasury, State, and the Attor- the intelligence reform, but our legis- Under our current intelligence struc- ney General will need the concurrence lation goes beyond that. The 9/11 Com- ture, the CIA Director has to perform of the DNI to appoint the heads of in- mission documented that, in a period three jobs: acting as the President’s telligence agencies under their imme- preceding September 11, 2001, poten- principal intelligence adviser, over- diate jurisdiction and under the DNI’s tially helpful information available to seeing the intelligence community as a overall jurisdiction. That is real au- one part of the Government was not whole, and directing the CIA. The 9/11 thority in this new office. shared with others which could have Commission reported what many had The DNI will also have significantly used it. said before: The tasks are simply too expanded authority to transfer per- This legislation takes that direction much to expect of any one person. sonnel and funds beyond those of the from the Commission to heart and re- So we have created a Presidentially current DCI so that he or she may quires the President to establish a net- appointed, Senate-confirmed Director react quickly to changing threats and work of technologies and policies that of National Intelligence, who will lead direct intelligence resources where will resolve conflicts between the need the national intelligence community they are needed. to share and the need to protect but be separate from the Director of In addition to creating the DNI, this sources and methods. It will create and the CIA. The DNI will be the Presi- conference report will create—as rec- allow us to use the best technology to dent’s principal intelligence adviser ommended by the Commission—the Na- make sure we are sharing and culling and will focus exclusively on breaking tional Counterterrorism Center and a and filtering and applying the vast down those barriers that have ob- series of National Intelligence Centers amount of data we get from our intel- structed information sharing and pro- to ensure that critical national secu- ligence networks most effectively. fessional collaboration in the public in- rity issues are addressed with max- Beyond intelligence reform, this bill terest. With the CIA Director in charge imum coordination and teamwork. contains much more. In fact, the 9/11 of daily CIA operations, the DNI will be This may well be the most signifi- Commission made 41 recommendations able to forge that unity of effort which cant process we have begun with this to protect our Nation from terrorism. we need to better protect the American bill, the authority of DNI, but creating In August, Senator MCCAIN and I draft- people. a model, and a model built on the most ed legislation to address them all. I am The DNI will exercise significant effective, modern corporate models of pleased and proud to say I am grateful budget authority over the intelligence joint team efforts to deal with prob- for the conferees, to the Senate, and to community both in the development lems. But it really deals directly and the House that most of those initia- and the execution of the budget, and he grows out of the experience of the Pen- tives have become part of this con- or she will consult closely with the tagon post-Goldwater-Nichols, in joint ference report. Secretary of Defense, the Director of warfare. For example, the 9/11 Commission ob- the CIA, the head of the FBI, and other This says when we have a critical na- served that many of the actions nec- intelligence leaders on both funding tional security problem the best way to essary to protect us in the war against and personnel issues. deal with it will be to create a center terror also involves a consolidation of The DNI will have unprecedented au- to deal with it, a table at which every governmental authority and the in- thority in the implementation and exe- element of our Government involved in creased presence of government in our cution of all funding under our na- dealing with that problem is present so lives to protect us. In response, the tional intelligence program. they can collect intelligence together, Commission called for ‘‘an enhanced Our bill makes clear that the DNI analyze it together, and then plan how system of checks and balances’’ to pro- will have the power to ‘‘develop and de- to combat the problem. tect the civil liberties that define us as termine’’ the intelligence budget and Specifically created in this bill, of Americans. In fact, this conference re- that the Director of the Office of Man- course, is the National Counterterror- port creates a Privacy and Civil Lib- agement and Budget must apportion ism Center which will seek to make en- erties Oversight Board. the national intelligence program sure the disastrous disconnect between The Board will have two functions. funds at the ‘‘exclusive direction’’ of the FBI and the CIA that occurred First, to advise the President and Fed- the DNI. The DNI is further responsible prior to 9/11 will never occur again. It eral agencies at the front end of policy- for managing the appropriations by will develop plans, assign roles, and making and, second, to conduct over- ‘‘directing the allotment and alloca- monitor the agencies’ implementation sight at the back end, investigating tion’’ of appropriations through the of those plans in order to thwart the and reviewing Government actions to heads of Departments containing the next terror attack. determine whether executive branch elements of the intelligence commu- This is not a narrowly focused, con- officials are appropriately respecting nity. Just to make sure there is no stricted center. The Center’s planning the individual freedoms of the Amer- slow-walking in moving those funds will be at the strategic level such as ican people. forward, the Department comptrollers how do we best win the ‘‘hearts and The 9/11 Commission also recognized must then allot, allocate, reprogram, minds’’ of the great majority of people the futility of combating terrorism

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25780 CONGRESSIONAL RECORD—SENATE December 8, 2004 only by military means. Of course, we detention facilities, to hold those peo- our intelligence system would have have been, and will continue, doing our ple while their cases are being re- worked, would have succeeded. They best to capture and kill all the terror- viewed. did not. ists we can as soon as possible. But we We added a provision allowing the This is about to succeed because of understand that ultimately what is re- Government to deport anyone who has the effort that has been made across quired to stop the growth of terrorism received military training from a ter- party lines in the national interests by are initiatives of foreign policy, diplo- rorist organization. The Government everyone from the President of the macy, economics, and of politics. will also be able to obtain a Foreign In- United States to every single Member Our legislation—this conference re- telligence Surveillance Act warrant for of Congress who worked hard on this port—includes many of the provisions anyone engaging in terrorist activities measure. recommended by the Commission even if they are not clearly connected Maybe I should add another thank which will do just that, including in- to a specific terrorist organization. you. Maybe I should go from the Presi- creased American foreign assistance to That is common sense, but it is not in dent to our staffs. Senator COLLINS has Afghanistan and a renewed U.S. com- the law now. said the legions of staff members on mitment to Pakistan. It provides ena- To better safeguard the Nation’s both sides of the aisle and both sides of bling authorities to help us win ‘‘the transportation networks, this legisla- the Capitol put their lives on hold and struggle of ideas’’ through the greater tion also requires the Department of worked through nights and weekends funding and use of much more imagina- Homeland Security to produce a na- for the cause of a safer America. I par- tion in American broadcasts to the Is- tional transportation strategy that ticularly thank Kevin Landy on my lamic world. It calls for broadening and evaluates the risks faced by all modes staff, whose work started with the leg- growth of scholarships and exchange of transportation, not just aviation, islation to create the 9/11 Commis- programs between the United States and sets some clear priorities and dead- sion—that was a story in itself—and and the Muslim world, with students lines for security needs. who has been single minded in his de- and faculty going back and forth. We also have included measures to votion to crafting this legislation in a The bill also takes aggressive meas- help first responders, the hundreds of way that was real and excellent. I also ures to prevent attacks, as well, by tar- thousands of men and women, largely single out the work of Majority Staff geting terrorist travel, improving in uniform, some out, at the local and Director Michael Bopp, and all of his screening at entry and exit points, and State levels. We want to help them ob- team. Michael has terrific legislative securing identification documents. tain interoperable communications skills and leadership abilities and has Our legislation requires secure iden- equipment so in a crisis they can talk served the conference and the country tification for travel documents for all with each other and work coopera- extraordinarily well. On my staff I also travel into the United States. This was tively. thank my staff director Joyce a topic about which much was said and I have long believed if we are going Rechtschaffen, and Dave Barton, Mike debated in the conference, and before, to make sense of what happened on Alexander, Raj De, Christine Healey, during, and after House adoption of September 11 we need to look back Holly Idelson, Beth Grossman, Larry this conference report yesterday. I honestly with clear eyes and honest Novey, Jason Yanussi, Kathy Seddon, guess the conferees, in their wisdom, hearts. The 9/11 Commission’s extraor- Dave Berick, Mary Beth Schultz, Tim decided some of the immigration re- dinary work enabled us to do just that. Profeta, Fred Downey, Andrew form in the House bill would have Its 587-page report did not close the Weinshenk, and Donny Ray Williams, weighted the bill down and inhibited or book on September 11. It will never be Leslie Phillips, Bill Bonvillian and prohibited its passage. It is urgently closed. The legislation does not close Laurie Rubenstein. I could go on and needed and we cannot afford to do that. the book on September 11. It will live on. Many other staffers of other Sen- We will get to that next year. alongside December 7 as a day that will ators contributed much to this bill and Make no mistake, this conference re- live in infamy throughout American I thank them. I would especially like port contains some tough antiterrorist history and America’s future. to thank Marianne Upton and Joe law enforcement measures, and some The work on this conference report Zogby from Senator DURBIN’s staff. tough immigration enforcement meas- and its adoption today will open a new And I particularly express my personal ure. It specifically implements the 9/11 chapter for a safer America. Chairman appreciation, in this and so many part- Commission Report recommendation Kean has said: nerships we have been involved in, to for the Federal Government to estab- Our biggest weapon of defense is our intel- Senator JOHN MCCAIN of Arizona, and lish minimum standards for birth cer- ligence system. If that doesn’t work, our to his staff. We worked in close part- tificates, driver’s licenses, and personal chances of being attacked are so much great- nership to craft the legislation imple- identification cards. Those provisions er. So our major recommendation is to fix menting the 9/11 Commission rec- will help decrease fraud so terrorists that intelligence system and do it as fast as ommendations. Many provisions were are not able to hide their identity. possible. adopted in the Senate and are integral They will not deprive the States of the That is exactly what this historic parts of the conference report. I thank right that States understandably want, legislation does. them all. to determine, not the form of the driv- In this Congress, this President ful- I come back to the beginning to par- er’s license, but who is eligible to re- fills our constitutional duty to provide ticularly thank my colleague and ceive a driver’s license within their for the common defense of our Nation. friend, our chairman, Senator SUSAN States. I said before that many can claim to be COLLINS of Maine. Other measures in this conference re- parents of this victory. Members of I ask unanimous consent to have port will go far to tighten border secu- both parties in Congress, leaders of printed in the RECORD two documents rity. It will increase the number of bor- both parties, bipartisan leadership in from the 9/11 Public Discourse Project der guards, immigration officers, and this Chamber certainly stood by Sen- regarding driver’s licenses and military detention beds for those who are being ator COLLINS and me all the way. This chain of command. held for legal action and other action simply would not have happened with- There being no objection, the mate- to determine their immigration status out the support of the President of the rial was ordered to be printed in the and whether they should be deported. United States, the Vice President of RECORD, as follows: No longer will we have a case, as in the the United States, and their staffs, FACT SHEET: DRIVER’S LICENSES, 9/11, AND past, where a challenge is made to working hard and long to do something INTELLIGENCE REFORM someone’s immigration status but they that institutions and government do WHAT HAPPENED IN THE 9/11 PLOT are allowed to wander and disappear not do easily, which is to change. If it The hijackers obtained 13 driver’s licenses into the vastness of America. There was easy, the 20-some-odd attempts (two of which were duplicates) and 21 USA or will be thousands of new beds created, made in the last half century to reform State-issued identification cards (usually

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25781 used for showing residence in the U.S. or a driver’s licenses issued for the length of visa None of the current practices for the allo- State). stay or not more than one year if there is no cation of national assets would change as the The driver’s licenses themselves were all definite end to the period of authorized stay. focal point for national coordination moves legal, that is, they were not forged. But they Undocumented aliens could not receive li- from the DCI to the DNI. were not all legally obtained. Seven hijack- censes. 2. THE SPECIFIC CONCERNS ARTICULATED BY JCS ers used fraudulent means (false statements OBSERVATIONS CHAIRMAN GENERAL MYERS IN HIS LETTER OF of residency) to acquire legitimate identi- It is important to have national standards OCTOBER 21ST WERE ADDRESSED IN THE CON- fications in Virginia. on driver’s licenses, passports and other FERENCE REPORT Their fraud in obtaining driver’s licenses identification documents. General Myers’ letter of October 21st (at- did not arise from them being undocumented There is no doubt hijackers used State- tached) did not register any concerns about aliens. All the hijackers entered the United issued documents to get through a lot of the chain of command in operational intel- States with proper immigration documents, checkpoints. For this reason, we believe Fed- ligence support for the warfighter. but several had committed fraudulent acts eral minimum standards for such State- General Myers focused only on budget mat- to get them. issued documents are important. ters, where he specifically requested that: One hijacker who obtained a driver’s li- Whether illegal aliens should be able to get (a) ‘‘the budgets of the combat support cense when he was in status was out of sta- agencies should come up from the agencies driver’s licenses is a valid question for de- tus on 9/11. Another hijacker whose docu- through the Secretary of Defense to the Na- bate. ments clearly showed that he was out of sta- tional Intelligence Director’’; and The debate over this issue ought not to tus and had overstayed his 30-day visitor’s (b) ‘‘it is likewise important that the ap- hang up the hundreds of provisions in the visa did not seek or obtain a driver’s license. propriations are passed from the National In- conference report that would strengthen in- He used his passport to prove identification telligence Director through the Department telligence, improve information sharing, and board the aircraft. to the combat support agencies.’’ strengthen transportation and border secu- Based on what we learned in the 9/11 story, This latter point, on ‘‘this vital flow,’’ is rity, improve American foreign policy, and we recommended stronger immigration en- the one—the only one—singled out for a support first responders. forcement to catch terrorists who were ex- ‘‘recommendation that this critical provi- We would also note that if the hijackers ploiting weaknesses in America’s border se- sion be preserved in the conference.’’ presented visa documentation that appeared curity. We recommended greater attention It was. valid to DMV officials (as they apparently In the conference report, the appropria- to terrorist travel tactics and information did), they would still have been issued tem- tions do not go to the National Intelligence sharing about such travel. porary driver’s licenses for the duration of Director. The appropriations for national in- We also recommended strong Federal their visa, under the provisions in the House telligence go through the heads of the rel- standards for the issuance of birth certifi- bill. evant departments. cates and other sources of identification, With the help of OMB, the DNI can direct such as driver’s licenses, to avoid the iden- FACT SHEET: THE CONFERENCE REPORT AND allotment or allocation of these funds, but tity fraud that terrorists can exploit. INTELLIGENCE SUPPORT FOR MILITARY OPER- the flow of funds goes through the depart- We did not make any recommendations to ATIONS ment to (in DOD’s case) the combat support State governments about which individuals agencies: 1. THE PROPOSED REFORMS DO NOT CHANGE THE should or should not be issued a driver’s li- ‘‘Department comptrollers or appropriate CHAIN OF COMMAND FOR CONTROL OF NA- cense. budget execution officers shall allot, allo- TIONAL INTELLIGENCE ASSETS Specifically, we did not make any rec- cate, reprogram, or transfer funds appro- ommendation about licenses for undocu- The warfighter today can call upon real- priated for the National Intelligence Pro- mented aliens. That issue did not arise in time intelligence support from the military gram in an expeditious manner.’’ our investigation, as all hijackers entered services (like the Air Force), from his joint Thus the conference report accepted the the United States with documentation (often forces command (like CENTCOM), and from recommendation of General Myers for how to fraudulent) that appeared lawful to immigra- national agencies (like the signals intel- direct the flow of funds. tion inspectors. They were therefore ‘‘legal ligence analyzed by NSA). Even on the issue of budget preparation, immigrants’’ at the time they received their The bill does not affect support relation- the conference report addressed the concern driver’s licenses. ships between combat units and military raised by General Myers. WHAT THE PENDING CONFERENCE REPORT (FOL- services (like the Air Force). In the conference report, the budgets from LOWING THE COMMISSION’S RECOMMENDA- The bill does not affect support relation- the combat support agencies come up TIONS) WOULD REQUIRE ships between combat units and the joint through the Secretary of Defense. If the forces command to which they are assigned combat support agencies are not national in- The establishment of new standards to en- (like CENTCOM). It would not affect telligence agencies and are covered under sure the integrity of the three basic docu- CENTCOM’s management of the assets as- the appropriations for joint military intel- ments Americans use to establish their iden- signed to that command. So, for example, ligence or for tactical intelligence and re- tity-birth certificates; State-issued driver’s the bill would have no effect at all on the lated activities, the proposed DNI partici- licenses and i.d. cards; and social security support relationship between the soldier in pates with the Secretary of Defense in devel- cards. the field and a JSTARS aircraft or Predator oping the final budget for them. For these New standards to ensure that the applicant UAV assigned to CENTCOM’s intelligence combat support agencies the authority of the for the identity document is actually the component, its J–2. Secretary of Defense remains exactly as it is person the applicant claims to be; and im- Assets, like satellites, that are run by na- now. provements to the physical security of the tional agencies are managed for the benefit If the combat support agencies are also na- document. of the whole US government. That is why tional intelligence agencies (which is the States would receive grants to assist them these are called ‘‘national’’ agencies. The case for the National Security Agency, the in implementing the new standards. chain of command for operational decisions National Geospatial Intelligence Agency, WHAT H.R. 10 REQUIRES about those assets therefore goes outside of and the National Reconnaissance Office), the H.R. 10 requires that before issuing a driv- DOD under the status quo. proposed DNI would develop and determine er’s license a State would need to verify that Under President Bush’s executive order the national intelligence program budget each applicant: (August 2004), DCI Goss has the duty to set ‘‘based on budget proposals provided . . . by Is a citizen of the United States; the requirements and priorities for collec- the heads of agencies and organizations Is an alien lawfully admitted to permanent tion by these agencies. The DCI also has the within the intelligence community and the residence status in the U.S.; authority to ‘‘resolve conflicts in the heads of their respective departments and, as Has conditional permanent residence sta- tasking of national collection assets. . . .’’ appropriate, after obtaining the advice of the tus in the U.S.; Under the conference report these same au- Joint Intelligence Community Council.’’ Has a valid, unexpired nonimmigrant visa thorities simply move from the DCI to the Thus, in the conference report, the Sec- or nonimmigrant visa status for entry into DNI, for ‘‘resolving conflicts in collection re- retary of Defense has input into budget prep- the U.S.; or quirements and in the tasking of national aration for these national agencies both di- Has a pending application for adjustment collection assets of the elements of the intel- rectly and through his participation in the of status to that of an alien lawfully admit- ligence community.’’ proposed Joint Intelligence Community ted for permanent residence in the U.S. At the operational level, the job of getting Council. (There are additional requirements but these national assets in support of the warfighter 3. THE COMMISSION CONSIDERED DOD CONCERNS are the key ones). is managed by the unified combatant com- IN THE PREPARATION OF ITS RECOMMENDATIONS Only citizens and permanent residents mands with the help of the Joint Staff’s J–2 Commissioners and Commission staff dis- could receive driver’s licenses; all others and the J–2’s National Military Joint Intel- cussed DOD concerns about intelligence reor- with documentation would have temporary ligence Center. ganization with Secretary Rumsfeld, Under

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25782 CONGRESSIONAL RECORD—SENATE December 8, 2004 Secretary of Defense for Intelligence women of our nation’s armed forces serving the same time, we need to recognize we Cambone, Director of the National Security in harm’s way. have stepped significantly forward, al- Agency General Hayden, the Director of the Sincerely, beit a single step, as a result of the in- National Geospatial Intelligence Agency RICHARD B. MYERS, sistence of the President of the United General Clapper, and many others. General Chairman, Joint Chiefs of Staff. Hayden and General Clapper have spent their States who deserves commendation for Mr. LIEBERMAN. I yield the floor. his leadership in the final stages of this careers in providing military intelligence The PRESIDING OFFICER. The Sen- support for the warfighter. matter to bring the legislation where it ator from Maine. is today. Commissioners and/or Commission staff Ms. COLLINS. Mr. President, before made three investigative visits to HQ Cen- Where we have had a good bit of dis- tral Command and HQ Special Operations the Senator from Pennsylvania is rec- cussion on the issue of chain of com- Command. They interviewed officers at HQ ognized, I have a unanimous consent mand, I think realistically that has Northern Command and HQ Joint Special request. been more smoke than substance. But, Operations Command. They interviewed Mr. President, I ask unanimous con- at any rate, the key participants in the users of intelligence in the field, in Afghani- sent Senator MCCAIN be allocated 5 House of Representatives were satisfied stan and Pakistan. minutes of my time at some point dur- so the bill did come to a vote in the 4. A BETTER STRUCTURE ENABLES BETTER ing the debate today. House, and the Senate is ready to take MANAGEMENT The PRESIDING OFFICER. Without the matter up today. The Commission never took the view that objection, it is so ordered. A great deal of credit is obviously reorganization solves all problems. A better Ms. COLLINS. Mr. President, I will due to the families of the 9/11 victims structure enables better management. be putting into the record a list of the in their insistence that the 9/11 Com- Numerous specific management reforms Senate conferees because each of them mission be formed. And then great are needed, in areas such as human intel- contributed in extraordinary ways to credit is due to the 9/11 Commission ligence collection; common standards for in- this bill. I will be making comments itself in structuring a report, which formation technology and network capabili- about some of them and their par- was filed in July, and then putting con- ties; more efficient use of available experts; ticular contributions later in the de- siderable pressure to have their report improved language skills; standardized proc- bate today. enacted. essing of raw intelligence; and better all- Mr. LIEBERMAN. I ask unanimous I think, to repeat, the realities are source analysis. consent that Senator CARPER of Dela- that the final legislation is short of What we found is that these and other ware be given 5 minutes to speak at an where the 9/11 Commission would like management reforms falter in an unmanage- appropriate time of the time allotted to have gone either with respect to able intelligence community. A better struc- budget control or with respect to day- ture makes it more likely that such urgent to me. management reforms will succeed. The PRESIDING OFFICER. Without to-day operations, but in the tortuous objection, it is so ordered. process of making changes in the intel- The Senator from Pennsylvania. ligence community, the 9/11 Commis- APPENDIX: LETTER FROM GEN. RICHARD sion has been a catalyst here in a very MYERS TO HASC CHAIRMAN HUNTER Mr. SPECTER. Mr. President, I begin by congratulating the chairman, Sen- important way. CHAIRMAN OF THE JOINT It became apparent, when 9/11 oc- ator COLLINS, and the ranking member, CHIEFS OF STAFF, curred, that had there been proper co- Senator LIEBERMAN, for their extraor- Washington, DC, October 21, 2004. ordination among the intelligence Hon. DUNCAN HUNTER, dinary leadership in the beginning of Chairman, Armed Services Committee, House of the legislative process which has cul- agencies that 9/11 might well have been Representatives, Washington, DC. minated in where we are today and prevented. There was that FBI report out of Phoenix about the suspicious DEAR MR. CHAIRMAN: As we discussed dur- their steadfast determination in pur- character who was interested in learn- ing our recent telephone conversation, I suit of this bill throughout many ardu- ing how to fly a plane, not concerned know that you and the conferees are dis- ous months. cussing intelligence reform and the intel- about takeoffs or landings. That FBI Senator COLLINS and Senator ligence budget process. This is a vitally im- report never got to the proper line in LIEBERMAN took up at the direction of portant subject as we look at the effective- FBI headquarters in Washington. ness of the intelligence provided by our com- the majority leader and the Demo- Then, the CIA knew about the two al- bat support agencies. It is my belief that the cratic leader in structuring hearings Qaida operatives in Kuala Lumpur, but responsibilities of the Secretary of Defense which began at the end of July of this that information was never trans- for the operation of these agencies, including year immediately after the Democratic mitted to the Immigration and Natu- budget preparation and execution, should be National Convention. They proceeded addressed as the conferees proceed to a final ralization Service. It was not in the in August in an unprecedented way INS computers. Those al-Qaida bill. In this regard the budgets of the combat where the regular schedules were inter- support agencies should come up from the operatives got into the United States agencies through the Secretary of Defense to rupted, a difficult thing to do in a cam- and were two of the pilots on 9/11. the National Intelligence Director, ensuring paign year. They reconvened the Gov- Then there was the FBI report out of that required warfighting capabilities are ac- ernmental Affairs Committee on which Minneapolis with Special Agent Col- commodated and rationalized and ensuring I served and the committee members leen Rowley, who wrote a 13-page, sin- that the Secretary meets his obligations. were advised of schedules—difficult to gle-spaced report which finally re- For appropriations, it is likewise important do in a campaign season when many ceived public attention, finally came to that the appropriations are passed from the Members are up for reelection—but the the attention of the key officials of the National Intelligence Director through the legislative objective was of paramount Department to the combat support agencies. FBI. It is my understanding that the House bill importance and the committee re- The Judiciary Committee held hear- maintains this vital flow through the Sec- sponded and the committee pursued ings in June of 2002, and there was sur- retary of Defense to the combat support the hearings and came up with the leg- prise and consternation that the appro- agencies. It is my recommendation that this islation. priate test under the Foreign Intel- critical provision be preserved in the con- I believe what we have here is really ligence Surveillance Act had not been ference. a battlefield victory over the Depart- applied. Had that material been known The combat support agencies provide crit- ment of Defense. The essential issue and had we been able to pick up the ical combat intelligence capabilities impor- has long been a turf struggle, and I trail of Zacarias Moussaoui at an early tant to the day to day operations of our think we have taken a short step, but date, again the case was building that armed forces, including, of course, combat a significant one, in the legislation 9/11 might well have been prevented, operations. Establishing the budget process in this manner would allow the combat sup- which is presented in the conference re- had these facts come to the attention port agencies to continue their outstanding port today. of the appropriate authorities and been support to the warfighters, our on-going I do not think we should overstate collated and put all under one um- counterterrorism efforts, and the men and where we have come, but I think, at brella.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25783 So the need was imperative for revi- I am not going to make that bill a part Human Services, and Education, but sion and reform of the national intel- of the RECORD. It has already been when we move forward from this point ligence system. made a part of the RECORD in prior de- on the restructuring of the national in- I had seen this need when I chaired bates. telligence community, this is a very the Senate Intelligence Committee The committee report did not give significant period and is something to back in the 104th Congress. At that the National Intelligence Director day- which I am giving personal consider- time I introduced S. 1718, which con- by-day authority, which, as I say, I ation. tained very material changes in the na- thought it should have. I offered an The creation of the new National tional intelligence community. I will amendment which had cosponsors, in- Counterterrorism Center is a signifi- not put that legislation in the RECORD cluding the former chairman of the cant step forward. That has been an at this time. I have done so on prior de- Senate Intelligence Committee, Sen- outgrowth of the mistake recognized bates. But it was apparent at that time ator SHELBY; the present chairman of by the intelligence community from there needed to be a revision of the na- the Intelligence Committee, Senator 9/11. That had been in process, and this tional intelligence community. While ROBERTS; and many others who had legislation takes a very important step the Director of the Central Intelligence very extensive experience on the intel- beyond what is in existence at the Agency had paper authority, he did not ligence structure for the country. I of- present time, putting it into a statu- have budgetary authority or day-to- fered that amendment on the floor, and tory form. I have conferred with the day control sufficient to really put all it was defeated by a vote of 78 to 19, so top officials of the FBI, and the Judici- of the intelligence operations under that the National Intelligence Director ary Committee has oversight over the one umbrella. in the Senate legislation was not given FBI. This is something which requires Following 9/11, after the report from day-to-day operation. very substantial oversight. Colleen Rowley came to light in June It was my thought then, and con- It is my hope, depending on how the of 2002, the administration agreed there tinues to be my thought, that if we Judiciary Committee is structured should be a new Department of Home- raised the bar a little higher, perhaps next year, that this is something which land Security. Senator LIEBERMAN and in the negotiations—as we know, as a the Judiciary Committee can accom- I introduced S. 1534, 30 days after 9/11, practical matter, in a House/Senate plish. But the Intelligence Committee on October 11 of the year 2001. The conference there are compromises—we and the Governmental Affairs Com- hearings were held and there was con- might have ended up with a stronger mittee and perhaps other relevant com- siderable debate, and the legislation Director than we have at the present mittees, Armed Services Committee, languished and had a lot of opposition. time. In the course of the negotiations will have a big job in not resting on our It finally came to the Senate floor in with the House, the budgetary control laurels on legislation which will be en- the fall of 2002. Then, as what fre- was not maintained. acted today. We ought not to take too quently happens, the House passed a So what we have today is a step for- much solace in laurels, although bill and left town, leaving us with the ward. But there is a great deal more, in though it is justifiable to some extent. option of either taking their bill in Oc- my judgment, of which the National But there is a great deal more which tober of 2002, which was an election Intelligence Director needs to have ef- needs to be done to see to it that there year, or putting the matter over, which fective control over in the national in- is the kind of coordination and that we would have gone to spring. telligence community. But again, this have made a successful attack on the At that time, Senator LIEBERMAN and is a step forward, not a big step but a cultures of concealment which are I made an effort to give the new Sec- significant step, and it is something present in the intelligence community. retary of Homeland Security authority upon which we can build. I have seen that culture of conceal- to direct—not to task or not to ask or It would be a colossal mistake to re- ment from the work that I have done not to request but to direct—the other ject this bill with the thought of going on the Judiciary Committee on over- intelligence agencies. It seemed to us back to the drawing board next year to sight for the past 24 years. I saw that when you were creating a new Depart- begin again what we have accom- culture of concealment in the Central ment that this was the time to make plished, putting us on another plateau Intelligence Agency in the 8 years I some fundamental changes in the na- from which we can work. was on the Intelligence Committee. It tional intelligence structure. But the We have in this legislation signifi- may be that what has happened with administration was opposed. cant improvements on transportation the events of 9/11 and with the pressure I talked to Secretary Ridge, Vice security, on terrorist travel and effec- of the 9/11 Commission, with the legis- President CHENEY, and I talked to the tive screening, on border protection, lation on the Department of Homeland President, and there was opposition, as immigration and visa matters, on ter- Security, that the intelligence commu- concerns had been expressed to putting rorism prevention. We do have those nity has been sensitized, perhaps even any agency or any instrumentality or areas of very significant improvement. more than sensitized, perhaps more ac- any unit between the CIA and the I believe that Congress is going to curately stated, bludgeoned by con- President. It seemed to me—and I made have a big job of oversight now, to see gressional criticism and by public crit- this argument—that would not have precisely what is done by the new Na- icism over their failures to coordinate been the case. But we were unable to tional Intelligence Director. We have intelligence activities which, had they make that modification. That is where changed our Senate procedures to been coordinated, 9/11 might have been the status of the record lay, until the make permanent the Intelligence Com- prevented. 9/11 Commission came into operation mittee so there will be some institu- In conclusion—the two most popular and filed its report in July of this year. tional knowledge there without the words in every speech—I urge my col- Immediately thereafter, Senator shift on 8-year terms. I served 8 years leagues to adopt this legislation. I fur- MCCAIN, Senator LIEBERMAN, Senator on the Intelligence Committee and had ther urge my colleagues in both this BAYH, and I introduced a bill which an opportunity to chair the committee body, the Senate, and the House to be tracked what the 9/11 Commission in the 104th Congress. That continuity vigilant, to pursue oversight, to see to wanted done. When the Governmental will be very important. it that the ultimate objective of co- Affairs Committee took up the issue, On the Appropriations Committee on ordination and centralized direction is with the hearings in July and August, which I serve, we have structured a obtained with this legislation as a sig- it seemed to me we needed a bill which new intelligence subcommittee. In the nificant starting point. gave a great deal more authority to the line of seniority, I may have the oppor- Far from perfect, it nonetheless pro- National Intelligence Director than tunity to chair that subcommittee. vides a valuable foundation for future where the committee was heading, and That is something I am thinking legislation and puts us on the path to I introduced S. 2811, which gave the Na- about. I am reluctant to give up the meaningful intelligence reform. As tional Intelligence Director authority. subcommittee on Labor, Health, such, I believe it is preferable to act

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25784 CONGRESSIONAL RECORD—SENATE December 8, 2004 now on a finite number of matters that beds, an increase in criminal penalties Finally, the legislation sets up an in- can be accomplished immediately. Any for alien smuggling, and for those who adequate structure within which the attempt in the future to enact intel- seek to use weapons of mass destruc- DNI must operate. I had initially pro- ligence reform legislation from tion, an increase in the number of seri- posed that the DNI serve as the head of scratch, especially reform of intel- ous criminal offenses designated as an independent agency, or department, ligence budget matters, will be subject ‘‘Federal crimes of terrorism,’’ im- and the final Senate bill arrived at a to the bitter turf battles involving the provements in financial crime enforce- similar ‘‘National Intelligence Author- self-protection of entrenched bureau- ment and terror financing abatement, ity’’ to house the office of the DNI and cratic prerogatives that have charac- authority to use our Foreign Intel- the national counterterrorism center. terized this and past efforts at reform. ligence Surveillance Act powers Contrary to the concepts conceived in And while the contentious issues of against ‘‘lone wolf’ terrorists, author- the Senate, the NCTC and the DNI’s of- State driver’s license standards and ization to share grand jury information ficers under this legislation will be refugee asylum must be addressed, it is about terrorist threats with State and housed within the office of the DNI. In far better to do so in the context of local officials, and development of a other words, there is no power base hearings and additional input from in- national strategy on terrorist travel from which the DNI can operate. He terested parties. But simply starting and travel documents. will have no ‘‘troops’’ other than those over in the next Congress will likely Many crucial objectives were not that filter through the NCTC and the accomplish little, if anything. Passage achieved, however. The budget execu- office, and no actual authority with tion authority deemed essential for the of this legislation—which includes a which to influence, direct, or control DNI to exercise genuine control over statutory requirement for the issuance intelligence community entities and the intelligence community has been of Presidential guidelines assuring that personnel. the statutory responsibilities of the removed from the bill, so that the ap- propriation for the national intel- These shortcomings must be ad- heads of various departments of our dressed in future legislation if we are government will not be abrogated—will ligence program does not go directly to the DNI, and the DNI does not have au- to have an intelligence apparatus that provide a legislative base for Congress can be effective against 21st century to build upon, while preserving the req- thority to direct the allocation of funds to the various elements of the in- threats, while protecting constitu- uisite military chain of command. tional rights. Valuable preliminary objectives have telligence community. Further, the top It will not be easy, however, to over- been accomplished in this legislation, line budget figure for the national in- come the ingrained bureaucratic ten- consistent with the recommendations telligence program will be kept secret, dencies to protect turf and the status of the 9/11 Commission. This legislation and thus intelligence spending will re- quo. It has recently been reported that creates a Presidential-appointed, Sen- main unaccountable to the American the Department of Defense fought ex- ate confirmed director of national in- people. The DNI is left with the power tremely hard during the conference telligence, DNI, who, while not serving to ‘‘develop and determine’’ the na- committee negotiations to further re- as the head of CIA, will (1) oversee na- tional intelligence program budget, duce the powers that would be accorded tional intelligence and provide all- which is effectively the same authority to the DNI. My experience in attempt- source analysis on specific subjects of that the current DCI is given over the ing to enhance the budget and oper- interest across the U.S. government, National Foreign Intelligence Program ational authority of the Director of and plan intelligence operations for the budget by executive order. Also, per- sonnel and transfer authority has been Central Intelligence in 1996 led me to whole government on major problems further diluted in this final legislation. the conclusion that the same turf bat- such as counterterrorism; (2) manage Specifically, while the DNI can move tles existing prior to 9/11 would endure the national intelligence program and intelligence community funds in their during the process of formulating this oversee the agencies that contribute to year of execution, the heads of the in- most recent attempt at intelligence re- it; and (3) ‘‘manage and direct’’ the telligence community agencies will form. Unfortunately, this is precisely tasking of collection and analysis. The have a right of refusal over any re- what has occurred this year and, like legislation also will establish a na- programming or transfer exceeding 5 in 1996, the Pentagon has successfully tional counterterrorism center, with a percent of their agency’s aggregate attenuated intelligence reform legisla- Senate-confirmed director, for devel- budget, or exceeding $150 million, or in- tion. oping joint counterterrorism plans cov- volving the termination of an acquisi- ering key missions, objectives to be Thus, while we have gained marginal tion program, e.g., satellite procure- advantages over current law and prac- achieved, tasks to be performed, inter- ment. Personnel transfer is also tightly agency coordination of operational ac- tice in this legislation, the conference circumscribed and can be accomplished report in its totality should be viewed tivities, and the assignment of roles only with the approval of the Office of and responsibilities in the consolidated as the basis for building upon the pow- Management and Budget. ers of the DNI in future legislation. counterterrorism mission. Also, under Beyond budget and transfer author- this bill the President must establish a Conversely, if we reject this bill, it is ity, the new DNI has not been granted ‘‘back to the drawing board’’ when we national counterproliferation center authority that approximates what I which, as envisioned by the provision’s reconvene with an entirely new set of consider to be the appropriate level of priorities to tackle in the next Con- sponsor, Majority Leader FRIST, imple- operational control over the various ments a key recommendation of my gress. This delay will allow reform op- elements of the intelligence commu- ponents the time and renewed vigor to 1999 Commission to Assess the Organi- nity. The DNI also does not have, as zation of the Federal Government to marshal their resources in opposition the 9/11 Commission recommended, to changing the status quo. It is far Combat the Proliferation of Weapons ‘‘hire and fire’’ authority over senior less likely that we will accomplish of Mass Destruction. And the legisla- intelligence community officials, but anything meaningful on intelligence tion will enable the implementation of rather has the right of concurrence in reform next year if we must start from other policy objectives that I have fa- the hiring of senior intelligence com- scratch, lacking the momentum of the vored such as expansion of the electro- munity officials and the right to be 9/11 report and without the pressure of magnetic spectrum to enhance first re- consulted in the appointment of the the congressional and presidential elec- sponder interoperability, deployment head of DIA. Nor does the DNI control tions. and use of explosives detection equip- information infrastructure standards. ment at airport screening checkpoints, I also believe that the failure to in- I thank the Chair and yield the floor. improved watch lists for passenger clude a statutory inspector general The PRESIDING OFFICER. The Sen- prescreening, improved border secu- weakens the oversight of the new DNI ator from Illinois. rity, including an increase in full-time and thus raises additional privacy and Mr. DURBIN. Mr. President, we gath- border patrol agents and detention civil liberties concerns. er today in the Senate for an historic

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25785 occasion. What we are about to con- but I didn’t know that she would have Members of Congress, on a bipartisan sider is a conference report on the In- the endurance and the determination basis, gathered on the steps outside telligence Reform and Terrorism Pre- to bring it to this day. I watched as the and together sang God Bless America. vention Act of 2004. In about 250 writ- conference committee drove on and on, How many times as I went through Illi- ten pages, we will literally rewrite the day after day, hour after hour, week nois and across this country people laws governing the intelligence com- after week, month after month—many would say: That was a good thing. We munity of America. times appearing to disintegrate before were sure glad you did it, to put aside This is an historic moment. It is our eyes. She never quit. She just kept your differences and to stand together. rare, if ever, that the Congress rises to pushing forward. She did it not just That day was a precursor of this day the occasion as it has with this legisla- with a determination, but with such a because this day we will stand together tion. It is rare, if ever, that we can find unique understanding of what was in again. There will be a vote today that a bipartisan consensus on an item of this conference report. She would dis- will be a bipartisan vote, and it will be such controversy. Yet we have miss critics in a moment if they mis- a clear and definitive victory for the achieved it. The National Security In- stated what was within the report. She passage of this legislation. telligence Reform Act will make Amer- knew it cover to cover. She was well Let me speak to two or three areas ica safer. It will force our Government prepared. that were of particular importance. to modernize the way we collect and Had Senator COLLINS been doing this First, the Privacy and Civil Liberties use intelligence. alone, she might not have achieved her Oversight Board. The 9/11 Commission This legislation was born from the goal. Standing by her side throughout realized that one of the problems we tragedy of 9/11 and the determination was Senator JOE LIEBERMAN of Con- have is when we give Government of the victims’ families that their necticut. Joe is my colleague in the enough power to protect us, occasion- loved ones would not have died in vain. Senate, a good friend, and a great Sen- ally it overreaches. That has happened These courageous survivors are the ator. I think what he did with SUSAN in virtually every war and in every pe- reason this congressional effort could COLLINS was to demonstrate to Amer- riod when there was a threat to our na- not and did not fail. In their grief, ica what Congress can do, that we can tional security. Abraham Lincoln, who many people tend to withdraw, to say rise to the occasion, that we can put I believe to have been our greatest that they will mourn in private. These aside partisanship and have a genuine, President, suspended habeas corpus victims’ families, after a period of honest discussion for the good of this during the Civil War. There were those mourning, decided to step forward and country. That dynamic duo of Senator who said he went too far in usurping to lead our country and our Govern- SUSAN COLLINS of Maine and Senator the Constitution. During the period of ment toward a safer America. Their JOE LIEBERMAN of Connecticut, on our World War I, when there was concern, dedication and their determination side of the Rotunda, were the guiding we had the Espionage and Sedition have resulted in this document. force. Acts, which some believe was an over- The bipartisan 9/11 Commission gave I want to say a word about Congress- stepping of governmental authority. In us an excellent blueprint, a sense of ur- woman JANE HARMAN and Congressman World War II, Franklin Delano gency, and a constant reminder that PETER HOEKSTRA who, on the other side Roosevelt gave personal approval to we had to rise above our partisan dif- of the Rotunda, on the House Intel- the Japanese internment camps, where ferences. We all know about this re- ligence Committee, did an extraor- innocent Americans were, in fact, port. It is so well known and so well dinary job as well. jailed and imprisoned when they had read. It was even nominated as one of They would be the first to add that done nothing wrong, just for fear that the great literary works. That is rare they could not have achieved any of they might. In the Cold War, with our for a Government publication, but it this without extraordinary staff con- fear of the Soviet Union, we went into deserved that nomination because it is tributions. On my own staff, I salute the McCarthy era, questioning the pa- well written, well thought out, well Marianne Upton, who has put in more triotism of good Americans, destroying prepared. Governor Kean of New Jer- hours than you could possibly imagine, lives and careers in the process. During sey, Congressman Lee Hamilton of In- doing around-the-clock sessions, pre- the Vietnam war, J. Edgar Hoover and diana put together an extraordinary paring different portions of this bill; the FBI compiled a list of suspects panel of Democrats and Republicans Joe Zogby, an attorney on my staff across America. The President com- who brought us this report. And this who really carried the banner many piled an enemies list. report was our blueprint, as we sat times on issues of civil rights and civil This list goes on and on. It tells us down to write this historic legislation. liberties, oftentimes a lonely battle, that as we try to be safe, sometimes we My personal contributions to this bill not always successful but with a real go too far. The 9/11 Commission said we were in two specific areas. After three determination and extraordinary skill need to put into place something that years of effort, we finally broke that he brought to the Senate; and is unique, has never existed in history. through the technical and bureaucratic Shannon Smith, a member of my staff This Privacy and Civil Liberties Over- obstacles to information sharing who looked at this bill from the per- sight Board will make certain they among our intelligence agencies by spective of defense issues and foreign keep an eye on Government activity, adopting a proposal which I suggested policy issues. Those three, from my make sure it doesn’t violate privacy or for a new government-wide approach, point of view, made my presence felt, civil liberties. I agree with the Com- one with clear goals and clear author- even when there were times I could not mission when the Commission said to ity to reach the goals. And for the first be in conference committee meetings. us ‘‘the choice between security and time, at the suggestion of the 9/11 Com- The path that led us to this point has liberty is a false choice.’’ I believe, the mission, we added to our intelligence not been without obstacles. We had to Commission believes, we can be both efforts a privacy and civil liberties make major compromises in order to safe and free. board which was crafted to ensure that move the legislation forward. But this We can protect the lives of Ameri- we do not pay for our security with our conference report proves that Congress cans, and we can also protect their lib- freedoms. Let me salute those who could work in a bipartisan manner to erties. That is what the Board is set- made this possible, particularly on the bring together strength and wisdom ting out to do. Senate side. and produce this significant bill. As Governor Kean said in answer to a Senator SUSAN COLLINS, chairman of Many people recall what happened on question I asked, this Board should be the Governmental Affairs Committee, 9/11 and where they were when they ‘‘disinterested’’ and it should not be has really been an extraordinary lead- learned of the tragedy. I remember. Ev- speaking for the Government. It should er. She is a close friend. We have erybody listening remembers. We also be independent in its oversight of the worked on so many things together. I remember that late in the evening, Government and its activities. This knew she would rise to the occasion, after that sad and worrisome day, the Board will have the authority to obtain

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25786 CONGRESSIONAL RECORD—SENATE December 8, 2004 information, to ensure the Government They did and what a mess it was. On Mr. DURBIN. On July 10, 2001, an FBI is respecting our privacy and civil lib- September 11, 2001, the technological agent in the Phoenix field office sent a erties. If someone outside of the Gov- capability of the FBI was virtually memo to FBI headquarters and to two ernment refuses to provide needed in- nonexistent when it came to com- agents on the international terrorism formation, the Attorney General will puters. That is hard to imagine, isn’t squads in the New York field office ad- have authority to subpoena it. it? vising of the ‘‘possibility of a coordi- There is an exception for the Na- As I spoke to every level that I could nated effort by Osama bin Laden’’ to tional Intelligence Director and the At- of Government leadership, including send students to the U.S. to attend torney General to withhold informa- Vice President CHENEY; Attorney Gen- civil aviation schools—the famous tion in the interest of national secu- eral Ashcroft; FBI Director Mueller, Phoenix memo. rity. That is understandable, but mem- every one of them conceded that this This Phoenix memo went into the bers of the Board and the Board’s staff was an obvious problem. Let me tell system and virtually disappeared. On will have high-level security clear- you something else. We asked the FBI its face, this memo was fair warning. ances, so we expect that it will only and the Border Patrol to establish a This memo was a flare that went off, rarely, if ever, be necessary to invoke common fingerprint database. climbed into the sky, and flashed a this national security exception. That makes sense, doesn’t it? If we warning of danger, and no one noticed. The Privacy and Civil Liberties Over- are going to bank all the fingerprints This was July 10, 2001. The Phoenix sight Board will be required to report of suspects around America, wouldn’t memo went forward, and it disappeared to Congress about its work on an an- the Border Patrol want to have an in- in the sky without even notification. nual basis. These reports, to the great- tegrated network of fingerprints they The notice was there. Something est extent possible, will be unclassified could check against the FBI base? needed to be done, but no one re- so we can all look at the activities of Let me tell you where we are on that. sponded within the FBI or in the other our Government when it comes to re- For more than six years, we have been appropriate agencies. specting privacy and civil liberties. trying to achieve this. For more than As we learned, the Phoenix memo This transparency will keep us in- six years, we have been trying to get was not an alert about suicide pilots. We learned the author was more con- formed. The bright sunlight will shine two agencies of Government to cooper- cerned about a Pan Am 103 scenario. on these activities when it doesn’t ate in comparing fingerprints. Earlier The fact is, whether they are talking compromise national security. This this year, the inspector general of the about the Phoenix memo or what led Board will ensure that as we fight the Justice Department reported it would up to the intelligence investigation in- war on terrorism, we will respect the take at least four more years to com- volving Zacarias Moussaoui, we did not precious liberties that are the founda- bine the systems. have a sharing of information among tion of our society. I am sure a lot of people following agencies that might have protected The second area I worked in that I this debate are saying: He has to be ex- America and the 3,000 victims on Sep- think may turn out to have historic aggerating. Why would it take ten tember 11. importance relates to information years to reach the point that the fin- For well over two years, I have urged sharing. When the 9/11 Commission Re- gerprints collected by one agency of that we do something profound and his- port came out a little over 135 days the Federal Government could be com- toric. I thought about the Manhattan ago, they kept referring to one basic pared to the fingerprint database of an- Project. That was a project, if you re- theme. This is what the report said: other agency? call, that dates back to the attack on The biggest impediment to all source anal- It is a fact. It has to do with two Pearl Harbor. Prior to that attack, ysis—to a greater likelihood of connecting things. First, it has to do with equip- Franklin Roosevelt had his atomic the dots—is the human or systemic resist- ment. It has to do with technology. ance to sharing information. project that was looking into this new And second, it has to do with a mindset scientific research when it came to use I have really focused on this since of cooperation rather than exclusion. of the atom. It was moving along at a 9/11. So many colleagues looked at dif- That is what led me to this whole snail’s pace, and then came December ferent aspects of the challenge created issue of information sharing. I tried to 7, 1941. On that date, the President said by that terrible day. When I looked at encourage a debate on this issue when we were shifting into a new approach. information sharing, the first thing I we created the Department of Home- We want to know if we can use this new did was turn to the FBI, the premier land Security. I said to my colleagues research in science to create atomic law enforcement agency in America, on both sides of the aisle: It is great for bombs, weapons that we may need in the top of the heap, the best and us to talk about a new department this war. brightest when it comes to law enforce- bringing together all these agencies, He shelved the commission that had ment. I asked the basic question: Tell but if they do not have compatible been working on it and created a new me about the computers at the FBI computer databases and the will to group under the head of GEN Leslie headquarters on September 11, 2001. share, then we are going to lose out Groves. GEN Leslie Groves, who was Do you know what I learned? Just when it comes to information gath- involved in the Army Corps of Engi- three years ago, if you looked at the ering. neers, dubbed it the Manhattan computers at the FBI, you found com- I did not win that debate when we Project. What the general said was we puters with no e-mail capacity, no ac- created the Department of Homeland are going to break all the rules. We are cess to the Internet, no mechanism for Security, but I am happy to tell you going to have Government leadership word/name search matching, and no ca- that we have won the debate when it to develop this atom bomb, but we are pacity for the electronic transmission comes to this bill. going to turn to the academic side, the of photographs. Anyone listening—par- It is distressing to read chapter 8 of universities doing research, and we are ticularly younger people—have to the 9/11 Commission’s report entitled going to turn to private business, and shake their heads and say: Senator, ‘‘The System was Blinking Red.’’ It is we are going to create what this coun- they could have gone down to the local hard to make sense out of the informa- try needs to defend itself. And we did. computer store and bought a basic tion-sharing breakdowns before Sep- The Manhattan Project met its goal computer that had all of this capacity. tember 11. and produced the bombs that ended the What happened? Why did the FBI fall The PRESIDING OFFICER. The Sen- Second World War. so far behind in technology? What hap- ator’s time has expired. I thought we needed something very pened was, in their vanity and in their Mr. DURBIN. Mr. President, I ask similar when it comes to information bureaucratic protectionism, they said: unanimous consent for 10 additional sharing and technology in fighting this We don’t need to go to other firms cre- minutes. war on terrorism. This bill moves us in ating computers. The FBI will create The PRESIDING OFFICER. Without that direction. It creates an environ- its own computer system. objection, it is so ordered. ment for us to have computers that

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Collective vigi- of the good words in this bill mean lit- said, ‘‘We categorically reject any con- lance requires mutual cooperation and tle or nothing if there is not the will in nection’’ between the administration’s not just within the executive branch. these agencies to make it happen, not torture memos and the abuses at Abu We need to do our part on Capitol Hill. only the person supervising this new Ghraib, Guantanamo Bay, and else- Congress needs to be part of this new environment, but each person who is where. But how can the administration concerted effort. I am ready to work involved at each agency to share this reject these connections when the tor- with administration officials to make information and to make certain that ture techniques that they approved for this happen. I salute President Bush, we do not protect turf at the expense of use in Guantanamo were being used in Vice President CHENEY, Speaker protecting America. Abu Ghraib and elsewhere in Iraq? HASTERT, and many other Republican Let me address one aspect of this Mr. Gonzales was recently nominated leaders who stepped up to make certain bill—a bill which I am happy to sup- to be the Attorney General. I look for- they did their part to pass this legisla- port and will vote for—that is trou- ward to getting to the bottom of this tion. bling to me. It is an aspect of the bill issue when he comes before the Judici- As we have done on the Senate side, where we lost a provision in the con- ary Committee in January. we have demonstrated that this kind of ference which I think is very impor- The 9/11 Commission correctly con- bipartisan cooperation makes America tant. cluded that the Iraqi prisoner abuse a safer place. That is a provision that was added in scandal has negatively affected our Finally, thanks to the decision of my the Senate relative to the detention ability to combat terrorism. They colleagues on the Senate Democratic and humane treatment of captured ter- wrote: side, I step into the capacity of the Senate whip, the assistant Senate lead- rorists. A provision in the Senate bill, Allegations that the United States abused which passed 96 to 2, addressed it. Un- prisoners in its custody make it harder to er, in a few days. As a result of that, I fortunately, the House Republican con- build the diplomatic, political, and military will have new responsibilities on the ferees insisted the provision be re- alliances the government will need. floor and more demands on my time. It moved from the final version of the As a result, the Commission rec- was necessary for me to step aside from bill, so the bill is silent. ommended that the U.S. develop poli- my service on the Governmental Af- This is especially serious from my cies to ensure that captured terrorists fairs Committee, which I really en- point of view because of the poor track are treated humanely. That is exactly joyed during the period I have been in record over the last several years when what we did in the Senate bill. In fact, the Senate. I am glad the last action of the com- it comes to the use of torture. the Senate provision is similar to an In a January 2002 memo to the Presi- mittee was the passage of this impor- amendment which I offered to the De- dent, White House Counsel Alberto tant legislation. I think a lot of work partment of Defense authorization bill Gonzales concluded that the Geneva that was put in in that committee paid requiring that the Department issue Conventions, which have guided us for off with the passage of it. I am going to policies to ensure that they will not decades when it comes to the humane miss this committee. I wanted to make engage in torture or cruel, inhumane, treatment of prisoners, in the words of certain that whoever would fill that Mr. Gonzales were ‘‘quaint’’ and ‘‘obso- or degrading treatment, a standard em- slot would have the time to dedicate to lete.’’ bodied in our Constitution and in nu- its important work of protecting Amer- In August 2002, the Justice Depart- merous international agreements. ica. ment sent a memo to Mr. Gonzales in The Senate intelligence reform bill I thank Governmental Affairs Com- which they adopted a new, very restric- would have simply extended these re- mittee Chairman SUSAN COLLINS, as tive definition of torture. They stated quirements to the intelligence commu- well as Senator LIEBERMAN, for all of that physical abuse only rises to the nity. What possible basis could the the kindness they have extended to me level of torture if it involves ‘‘intense House conferees have had for opposing during my period on the committee. I pain or suffering of the kind that is this provision, turning its back on the hope I will be able to continue to help equivalent to the pain that would be Geneva Convention’s basic standards them in my new capacity as the Demo- associated with serious physical injury that we have held in this country for cratic whip of the Senate. so severe that death, organ failure, or decades? I yield the floor. permanent damage resulting in a loss I think what we have here, unfortu- The PRESIDING OFFICER. The Sen- of significant body function will likely nately, is a decision by the conferees to ator from Maine. result.’’ be less than explicit about America’s Ms. COLLINS. Mr. President, I thank They also concluded that the torture commitment. We need to make certain the Senator from Illinois for his com- statute, which makes torture a crime, that we stand by standards which ments. He has been an extraordinarily did not apply to interrogations con- America has preached to the world for active member of the Governmental ducted under the President’s Com- decades, that we realize we are not just Affairs Committee. He has contributed mander-in-Chief authority. not talking about detainees captured to so many different investigations. Under our Constitution, the Presi- by our Government, but the potential Whether it was our review of mental dent does not have the authority to treatment of Americans and American health services for children or the food make his own laws by creating a new soldiers facing detention. safety investigation, he has always definition of torture, and he cannot For us to remove this provision from been front and center in the commit- choose which laws he will obey. There this new bill is troublesome to me. tee’s deliberations, as he has been with is no wartime exception to our Con- I think the intelligence community this intelligence reform bill. We will stitution. should be held to the same standards as miss very much having him as a mem- In November 2002, Defense Secretary the Department of Defense, and taking ber of the committee, but I am grateful Rumsfeld approved the use of coercive this language out of the bill will make for his past service, and we hope he will interrogation techniques at Guanta- that very difficult to monitor, as I return to the committee some day. namo Bay. These included removal of hoped we would be able to do. I know that two of the Homeland Se- clothing, using dogs to intimidate de- As the 9/11 Commission report ad- curity and Governmental Affairs Com- tainees, sensory deprivation, and plac- monishes, we have to think more mittee members are waiting to speak, ing detainees in painful physical condi- imaginatively to protect America and so I will not prolong. I will talk more tions. According to a recent Red Cross use information in a more sensible and about my conferees, my wonderful, report, the use of these techniques has thoughtful way. Intelligence is the able group of conferees, later. grown ‘‘more refined and repressive’’ first line of defense against terrorism. I ask unanimous consent that Sen- and constitutes torture. With this legislation, our intelligence ator CARPER be recognized next. He has

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25788 CONGRESSIONAL RECORD—SENATE December 8, 2004 already reserved time under the time sion. We did not brief the crew that said, fix this system and this is how to agreement; to be followed by Senator was not going to fly the mission. There do it. We have not done it. Today we COLEMAN, who has already reserved was a need to know. If they had a need have the opportunity to change it and time under the time agreement; to be to know, we provided the information to take a real step in the right direc- followed by the chairman of the Intel- for them. If they did not have a need to tion. We would be foolish not to. I am ligence Committee, Senator ROBERTS, know, we did not provide it for them. It happy to say we are not foolish. We are who similarly has reserved time. Two worked well in naval aviation. It did doing the right thing. It is time to out of the three of these individuals not work so well when it came to shar- seize the day, and that is exactly what were conferees on the bill. Two of the ing information across 15 different in- we are going to do. three also are members of the Govern- telligence agencies on information My thanks again to all those who mental Affairs Committee. Each of about terrorism. have worked so hard to get us to this them has played a significant role in We had one agency that knew there point. bringing us to where we are today, and were bad guys around the world who I yield back my time. I am grateful for their support and in- wanted to come here and hurt us. We The PRESIDING OFFICER. The Sen- volvement. had another agency that knew the ator from Minnesota. Mr. LEVIN. Mr. President, will the The PRESIDING OFFICER. Without names of the people who actually came Senator from Minnesota yield for a objection, it is so ordered. in and actually could have said that unanimous consent request, unless The Senator from Delaware. these were some of those bad guys. We there was someone else who was in Mr. CARPER. Mr. President, I say to had another agency that knew folks order here? I wonder if we could set up our chairwoman of the committee, were being trained to fly in airplanes, an order following the Senator from Senator COLLINS, a heartfelt thank-you not to land them, not to take them off Minnesota, the Senator from Kansas be for the leadership and persistence that but to literally fly them straight and recognized, and then I be recognized she and my good friend JOE LIEBERMAN level. Among those 15 different agen- following the Senator from Kansas. have demonstrated to get us to this cies, I call them stovepipes, they had Ms. COLLINS. That is fine. day. the information but they never talked. The PRESIDING OFFICER. Is there I also say to the President, thanks At least they did not talk enough. We objection? Without objection, it is so for using some of that political capital. did not put it together. ordered. You picked up a little bit last month, People talked about connecting the The Senator from Minnesota. and I am pleased you have decided to dots. That is exactly what did not hap- Mr. COLEMAN. Mr. President, I invest a little bit of it in a worthwhile pen. So we were not talking; we were serve on the Governmental Affairs cause. not sharing information. There was a Committee. I served on the conference I plan to vote for this bill. I was priv- need-to-know mentality that existed committee that helped draft this bill, ileged to be a member of the com- and has existed for a long time with re- and I am going to be very proud to vote mittee in the Senate that developed spect to our agencies. It has to change. for this bill this afternoon. the proposal under which this bill is This bill is going to change it. I wish to start and end by thanking based, and we are happy to be here for Another problem we had, nobody was the chair, Senator COLLINS, for her in- this day. in charge. There was nobody to assess credible leadership. This was not easy To the members of the 9/11 Commis- accountability and say you were ac- to do. When we left around Thanks- sion who have worked hard for about 18 countable for not letting this happen. giving, there were a lot of folks who months, their staff, a lot of folks who With this provision, we are going to said this would not happen, that it lost loved ones who provided the impe- have a powerful person put in place, could not be done. We had people who tus, really the wind beneath the wings nominated by the President, selected had some very strong opinions about a for the Commission and really for this by the President. It has to be an ex- wide range of issues, and there were effort, I say just a heartfelt thank-you traordinary individual, somebody differences. for their efforts, and I hope they are smart, somebody who enjoys the con- Leadership makes a difference. The pleased with where we are today. fidence of both sides of the aisle, some- leadership of Chairman COLLINS made a Is this proposal perfect? No. Few of body who will enjoy the confidence of difference. The leadership of Ranking mine are. Is it better? You bet it is. It the intelligence community, somebody Member LIEBERMAN made a difference. is a real improvement. who will be willing to work real hard. I will also note, I am sure before we Back in 1947, the year I was born, the I am sure that person is out there. My finally vote on this the chairman will CIA was born as well. The intelligence hope is the President will find him. My talk about staff. But I see Michael structure that was created around the hope is we will confirm that person. Bopp, who is the staff director and CIA and Cold-War years that followed Some people say this is not a perfect chief counsel of the Governmental Af- was a structure that was designed to bill; there are some provisions they do fairs Committee. Staff worked very enable us to win the war against com- not like maybe with respect to our bor- hard. They did an extraordinary job. munism, the Cold War. That war is ders, maybe with respect to immigra- We were on break, weren’t around, but over. We won that war. We have a new tion, maybe with respect to the rights folks were working day and night over war that we are fighting today, and it and prerogatives of the military and holidays to give us this opportunity to is a war against terrorism. making sure they are still in a position get it done. I do want to compliment Just as the one approach worked well to be strong and provide the intel- Mr. Bopp and all of the staff, on a bi- for many years—our intelligence appa- ligence that is needed when it is needed partisan basis, including my own staff ratus worked well for many years to our battlefield soldiers. who worked so hard. America should against communism—it does not nec- This is not a constitutional amend- thank them because this bill is good essarily mean it is going to work well ment. This is not something that is in for America. This bill makes America against terrorism. In fact, it has not. concrete. This is a bill. It is a bill that safer. When I was a naval flight officer, has been hard fought and a compromise As I look back on the opportunities I when I was not flying in a P–3 airplane, has been well won, but it is not forever. had in my first session of Congress, the one of my ground jobs was to be the air To the extent we go forward and we 108th, I believe the passage of this bill intelligence officer on the ground, find that changes need to be made, we is the most significant thing this Con- briefing other crews for their missions. can make them, and we should. gress has done. We have made America We had a crew over here that was fly- In conclusion, we have been working safer. There are a lot of important ing a top-secret mission, needed infor- at this stuff for a long time. People achievements—Medicare reform, tax mation about it, and then another have known the system was broke for a cuts—but in the end you can’t have group over here with the same clear- long time. We have had any number of economic security without national se- ance that did not fly that same mis- recommendations and studies that curity. Americans cannot live if they

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We gave the Homeland security starts with border can say is in charge. Department of Defense more of a say in security. I was struck during the hearings by how funds are allocated after Congress This bill recognizes that. It under- my understanding of the statement of appropriates them. We agreed to keep stands that when it comes to border se- George Tenet that a few years before the total amount of money spent on in- curity, it is going to be folks at the 9/11, he made a statement, sent out an telligence classified. But the House, in local level, not folks at the Federal e-mail, that we were at war with al- turn, has agreed to respond to many of level, who are going to be the first on Qaida, but a lot of folks didn’t know our concerns with the rest of their the scene. That is why this bill con- the war was happening. The CIA didn’t original language. tains a provision to ensure that State talk to the FBI and the Defense De- This bill makes important reforms in and local officials will be part of an in- partment was not coordinated with the immigration and law enforcement pow- tegrated command system so first re- CIA to the degree it needed to be for us ers but omits the most controversial sponders can communicate with each to be as safe as we should be. This bill sections included in the House bill, and other. Communication and teamwork addresses that by creating a Director I believe that is wise. We need to ad- go hand in hand, and thanks to this of National Intelligence to advise the dress the issue of immigration reform. bill, if we face another 9/11, local, President, to be the go-to person, the It is a critical issue. But we cannot State, and Federal officials will not only be ready but will be able to work person we know is in charge. It then allow our efforts to improve intel- as a team. creates a National Counterterrorism ligence, we cannot allow our efforts to This bill also understands that bor- improve security to get pushed aside, Center so we can bring the best and der security takes resources and man- to somehow get held up because we brightest together to make America power by providing an additional 10,000 have not had the kind of debate and safer. agents over 5 years to protect U.S. bor- This bill is not the same bill the Sen- analysis and scrutiny we need to have ders and unmanned aerial vehicles to ate passed, but it is a good one. At the in both Chambers on the important monitor our border with Canada. This beginning of our efforts way back in issue of immigration reform. is good news for America and good 9/11 was a horrible tragedy. We saw June, Senator CARPER, from Delaware, news for places such as International the face of evil. We learned the des- shared the credo that one of his con- Falls, MN. stituents lived by: The main thing is to perate measures people will take to International Falls is just a small keep the main thing the main thing. I stamp out our way of life. But we have town in Minnesota, but because of its believe we have done that in this bill. seen and we have learned. From learn- location, this city is among the 50 busi- This bill implements both of the 9/11 ing—I want to stress this—in this proc- est gateways in this country, admit- Commission’s most important rec- ess we had extensive hearings. We ting many hundreds of thousands of ommendations. It creates a Director of moved forward quickly, but we didn’t men and women through it into this National Intelligence to oversee and rush to judgment. The Senator from country each year. I went there this coordinate the effort in the intel- Kansas, Senator ROBERTS, who chairs August to see what was going on and to ligence community. A central problem the Intelligence Committee, has been talk with people directly responsible the Commission identified was that part of our discussions. He noted there for our border security, people like prior to 9/11, no one was in charge of have been decades of efforts to reform Paul Nevanen, director of Koochiching our intelligence operations. We have intelligence. We had a base to build County’s Economic Development Au- taken care of that problem. upon, but we had not moved forward thority, and Glen Schroeder, the chief It is important to note a lot of people until today, and we have moved for- agent in charge of border patrol. Peo- were doing a lot of things and doing ward building on so much of what has ple like Paul and Glen highlighted the good things, but they were not sharing been done in the past and building on a difficulties they had just commu- information, they were not coordi- record, which we heard about from nicating with their Federal counter- nating efforts to the degree we needed. folks who headed the CIA, doing oper- parts and the difficulty of adequately We had this concept that has been ations work today. screening entry of people into the talked about on the Senate floor of There was a very extensive analysis United States without proper tech- silos, folks working in their own areas, of what the needs are. We looked at the nology and resources. After talking doing a good job. But the reality is, to work of the Commission, the families with the people at International Falls, be effective, you can’t work in a silo, of the victims, the history of intel- I came back to Washington and fought you can’t work in isolation; you have ligence reform, and we made a dif- hard for our folks on the border. This to work together so all the activities of ference today. For that, Chairman COL- bill reflects that hard work. It gives all those involved in intelligence re- LINS, Ranking Member LIEBERMAN, and them the resources and manpower nec- flect similar priorities. all involved—and the President of the essary to support and secure our bor- We have corrected that now. The DNI United States—should be proud. The der. is in charge of intelligence. He has the President of the United States played a This is a good bill. I am going to vote power to shape the intelligence com- tremendous role in getting this done. for it with a great sense of pride. There munity over time. He can implement One final point before I yield the are some who may say we could walk joint policies on personnel, training, floor. When we talk about intelligence away from this bill and hope for some- information systems, and communica- reform, we do talk about the big thing better next year. That would be tions. The DNI also has a National things. We talk about creating a Direc- irresponsible. This bill makes America Counterterrorism Center to lead our tor of National Intelligence and the safer. Passage of intelligence reform counterterrorism efforts. The Center National Counterintelligence Center. will only become more difficult as time will contain the best and brightest the But I also want to take a moment to passes—unless, God forbid, there is an- Government has. Merely by creating talk about what this bill does for the other terrorist attack. In that case, of these two new entities we take an im- rest of us, some of the folks at the course, there will be another call for portant step forward. This is not about local level. reform. But I submit that Congress will more bureaucracy; this is about more I come from Minnesota. It is a small have failed in its duty to the American effective, focused, targeted efforts to State, located on our border with Can- people if it waits until then to do any- improve the safety of America, to im- ada. But, like her northern neighbors thing.

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The look forward to voting for this bill. erything that I believe is necessary to former DCI has always set require- I yield the floor. clearly streamline the structure of our ments and priorities for collection by The PRESIDING OFFICER. The Sen- intelligence community. It is no secret national assets. Moreover, neither the ator from Kansas. that I believe we should have gone far- President nor Congress—certainly not Mr. ROBERTS. Mr. President, it is ther. this Member of Congress, a former ma- my understanding that I have allotted It is perplexing to me and a paradox rine—would ever permit the crucial in- to me 10 minutes. I had originally un- of enormous irony that after the 9/11 telligence needs of our military to be derstood it was 15. I ask the distin- investigation by both the Senate and ignored by the Director of National In- guished chairman of the Governmental House Intelligence Committees, after telligence. Affairs Committee if she could yield our Senate committee’s WMD report, Certainly, the requirements of our me 5 minutes out of her time, which I after the findings of the 9/11 Commis- men and women in the military must know is precious, thus making it 15? sion, after the report of the President’s be met. That has been said over and Ms. COLLINS. I am happy to yield to WMD commission, and after all of the over again, especially in the House. the distinguished chairman of the In- hearings we have held within the ap- But we must also recognize that the telligence Committee 5 additional min- propriate committees and the Senate principal user of national intelligence utes from my time. It is my under- Intelligence Committee—we have held that is produced by our national intel- standing that the ranking member of over 200 hearings this session, 60 per- ligence agencies are our national pol- the committee, the vice chairman of cent more than the previous session of icymakers, primarily the President of the committee, is also seeking some Congress—after all of this, and the the United States, the National Secu- additional time. knowledge of the attacks on the rity Council, and the Congress of the In between, however, Senator LEVIN United States. The DNI must have au- has set a schedule to speak. I appre- Khobar Towers, the USS Cole, and the embassy bombings, 9/11, terror attacks thority to ensure that the intelligence ciate the order amongst Members. I requirements of the President and will also be happy to yield 5 minutes all over the world that we know are connected, that still some believe we other national policymakers are met. from Senator LIEBERMAN’s time to Sen- Thus, while the Department of De- do not need comprehensive reform or ator ROCKEFELLER. fense is by volume—everybody under- have or will vote against this legisla- The PRESIDING OFFICER. Without stands that, by volume—the largest tion because they believe it is a rush to objection, it is so ordered. user of national intelligence, we must judgment or that the legislation did The Senator from Kansas is recog- not forget that our national collection not include what they deem their top nized for 15 minutes. assets at the CIA and at the NSA, the national security priority. Mr. ROBERTS. I thank the Presiding NRO and the NGA—what the critics In this regard, some have argued that Officer, and I thank the chairman. call combat support agencies—serve this bill will interrupt the military Mr. President, one day after the 62nd our policymaking needs as well. anniversary of the attack on Pearl chain of command or prevent the men However, while this is not the best Harbor, and 3 years and 82 days after and women of the armed services from bill possible, it is the best possible bill. the 9/11 terrorist attacks on our coun- receiving crucial intelligence informa- It is also a big step in the right direc- try, we will now pass the National Se- tion. Certainly these arguments should tion. curity Intelligence Reform Act of 2004. not be ignored. But in the end, this leg- As has been said it will create a Di- I rise in strong support of this con- islation does very little to modify the rector of National Intelligence, or a ference report which is a remarkable chains of command within the intel- DNI, who is separate from the Director first step in our goal to strengthen and ligence community. of the CIA. It will give this Director, improve our Nation’s intelligence capa- The tactical intelligence elements of the DNI, marginally improved budget bilities. the U.S. Government remain clearly authorities over our intelligence com- My colleagues, we should start—and and explicitly under the command of munity agencies. It will provide au- others have said this, and it is cer- the Secretary of Defense. thority to conduct quality control tainly true—by recognizing Senator The leadership construct for national checks of the analytic products of our COLLINS and Senator LIEBERMAN and intelligence assets remains largely un- intelligence community. It will also their staff for their efforts to get a bill changed. The Director of National In- create a National counterterrorism which will have a positive impact on telligence remains primarily a budget Center which will, I hope, eventually our intelligence community. They have and policy leader for national intel- serve as the Nation’s true clearing- put in a tremendous amount of hard ligence assets. house for terrorist-related intelligence. slugging, sometimes very contentious Undoubtedly, the Director’s budget These are, in my view, very positive and very difficult work, and overtime, and policy authorities are strength- steps forward in our intelligence com- since they began this effort back as of ened. But day-to-day operational con- munity. the 1st of August. I thank them. To- trol of our national intelligence collec- I would also like my colleagues to gether, we will have made a positive tion agencies remains dispersed. The take note of several other important difference in behalf of our national se- Central Intelligence Agency will now and long overdue provisions in this bill. curity. be led by an independent Director. The For example, this bill will consolidate I would also like to thank President Secretary of Defense retains the oper- what is now a needlessly complicated Bush for his instrumental efforts in ational control of the National Secu- and expensive background investiga- getting this conference report moving. rity Agency, the National Geospatial- tion and security clearance process Without his leadership, this reform Intelligence Agency, and the National under one agency. Today, it takes too would still be in the midst of a turf and Reconnaissance Office. long to get good people in very crucial issue gridlock. The President knows Note the word of all three agencies, positions. Noting the debate in the that national security demands intel- ‘‘national.’’ other body, it is important to stress ligence reform and that the status quo These are not only combat support this bill will also bring important im- is not an option. So I thank the Presi- agencies, but national policy assets. provements to our Nation’s border se- dent for weighing in. I cannot see how the existing chains curity. All one had to do is listen to the de- of command have been seriously I am not, however, under any illu- bate on this bill in the other body yes- changed. sions. This bill is not perfect. No bill is.

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Senator COLLINS and Senator organization that had no significant rather has been underway for at least LIEBERMAN were forced to put the Sen- authority independent of the military the 15 years since the fall of the Berlin ate bill through the filter of the de- services. Wall. I am extremely pleased we have mands of the House and still manage to The compromise President Truman now arrived at the point we may be in get a bill that is a step in the right di- was forced to accept mirrors in many a position to enact serious intelligence rection—a big step. ways the compromise bill we are voting reform for the first time in over 50 In conjunction with the administra- for today. But there is reason for opti- years. tion, we in the Congress—more espe- mism. That shell of a Joint Chiefs of There are many important aspects of cially those of us who had the privilege Staff which was codified in 1947 did pro- this legislation. One, it will centralize of serving on the House and Senate In- vide the foundation upon which the the intelligence agencies, not as an end telligence Committees—will need to Goldwater-Nichols Act would build the in itself, but to create the platform nurture this new intelligence structure remarkable unified command and con- from which we can then decentralize. over the years and clarify as necessary trol structure we have today. As Senator ROBERTS was discussing, in the various authorities in order to In addition to serving as that impor- 1947, the various separate military make it effective. tant foundation, the Joint Chiefs of branches—there was a Secretary of the For those who are uneasy with the Staff also became a voice. That voice Army, there was a Secretary of the unprecedented speed with which this was independent of the military serv- Navy—were brought together under a bill was brought to this point, I would ices turf interests in the debate over Secretary of Defense. Then, 39 years like to offer the reassurance that what how to continue the process of the re- later, that centralized organization we will pass today is certainly not the form of our defense. That was the first was decentralized into the combatant final chapter on the reform of our in- step in the struggle that resulted in joint commands that now are the prin- telligence. After this bill becomes law, the Goldwater-Nichols Act and a major cipal warfighters for America. we will monitor its implementation overhaul of the military command That is exactly the process antici- and make any needed adjustments in structure. pated here. The only major difference subsequent years. If one looks at his- This bill does not give the Director of is it will not take 39 years to get from tory, the process of amending and im- National Intelligence all of the au- centralization to decentralization. proving the National Security Act of thorities I would like to provide. It is A second aspect of this bill I point 1947 began almost immediately fol- my sincere hope, however, that it will out, we have much work to do in the lowing its passage. I expect that this at least create the same kind of voice, area of human intelligence. The case bill will be no different. This bill is independent of the institutional inter- could be made that both the war in Af- only the beginning of the intelligence ests that currently divide our intel- ghanistan and the war in Iraq were a reform process. Since July, several ligence community, a voice that can product of our inadequate human intel- other Senators and I have made it clear lead us toward the ultimate goal: a ligence capabilities. We must make a that while we believe this bill has more rationally organized intelligence major effort to rebuild our human ca- many good provisions, what it fails to community with a clear chain of com- pabilities. This bill takes a step in that do is create a leader of the intelligence mand and the real accountability that direction through emphasis on more community who is clearly in charge comes with it. linguistic training in the Defense bill and as a result is fully accountable. Since 1949, 24 attempts have been that was the establishment of what I That does not make this a bad bill. It made to pass comprehensive intel- refer to as the intelligence equivalent just means that Congress must con- ligence reform legislation. I thank all of the Reserve Officers Training Corps. tinue to monitor and guide the intel- concerned that we have been successful We need many other initiatives to fill ligence reform process. We must con- on the 25th attempt. It has been 3 years this gaping hole in our intelligence. tinue the logical reform of our intel- and 82 days since September 11. On be- The third area—and I particularly ligence community. If we are not dili- half of the families of the victims of commend Senator WYDEN and Senator gent, our newly created Director of Na- September 11 and on behalf of national LOTT and others involved in this—is to tional Intelligence could end up a di- security and every American, I am try to make our security classifica- rector in name only. Our national secu- thankful we will not wait another day. tions more truly an issue of security rity certainly demands better. I yield the floor. rather than agencies trying to bury I am determined to work with my The PRESIDING OFFICER (Ms. MUR- their mistakes. colleagues in this Congress and the ad- KOWSKI). The Senator from Michigan is In this legislation we establish a new ministration to continue the process recognized for 15 minutes. classification board that will review that has been started by this reform ef- Mr. LEVIN. I thank the Presiding Of- decisions that are made in the execu- fort. This process will be difficult, but ficer. I ask unanimous consent, instead tive branch to determine if there has it is essential and we must persevere. of my proceeding, that the Senator been an excessive use of secrecy. Our President Eisenhower, a five-star gen- from Florida be recognized and I be former colleague, Senator Pat Moy- eral, a national hero, was unable to recognized following that; and fol- nihan, used to say that secrecy is for achieve the reforms he sought to unify lowing that, Senator ROCKEFELLER, and losers. We do not want the United the Department of Defense in the 1950s. then we proceed to Senator BYRD, who, States to be in that category of losers. Instead, President Eisenhower’s re- I understand, has agreed to begin at What we are doing today is an impor- forms would have to wait another 30 about 12:40 instead of 12:30. tant step. It is not by any means the years for the Goldwater-Nichols Act I ask unanimous consent that be the last step. Let me mention a few things which made the U.S. military the very order of debate. that will need to flow from our decision remarkable and unified force it is The PRESIDING OFFICER. Without today. Some are rather tangential to today. objection, it is so ordered. the issue of intelligence reform. As an The forces of the status quo beat The Senator from Florida. example, we are now requiring any visa back President Truman’s efforts in 1947 Mr. GRAHAM of Florida. Madam applicant to have a face-to-face en- to put military operations under the President, I am going to submit for the counter with a visa agent. That may control of the Joint Chiefs of Staff and RECORD a fuller statement, but in def- sound like an appropriate protection the unified commands that had shown erence to the limited time we have, I against inappropriate people getting their utility during World War II. In- have a few brief comments on what I access to the United States. stead, in 1947, President Truman was consider to be one of the most impor- There are also, however, very prac- forced to accept a National Security tant enactments of my 18 years in the tical matters. A country that will be of Act that codified a system in which the Senate. increasing significance to the United military services were loosely joined This is an accomplishment which did States is the country of Brazil. Brazil under a very weak Joint Chiefs of Staff not happen beginning this summer but is a country which is the size of the

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25792 CONGRESSIONAL RECORD—SENATE December 8, 2004 continental United States plus a sec- He also will have to establish com- and the fortitude and the strength and ond Texas. It is the fourth largest munitywide personnel policies that the courage, can move mountains, even country in population in the world. support the recruitment, training, and here in Washington. Without the fami- Today we have three places in which a retention of the most effective intel- lies, we would not have had a 9/11 Com- person could get a visa. They are rel- ligence community personnel. mission. Without the families, we atively close together. It would be as if Finally, there will be a responsibility would not have had a 9/11 bill. Without the only place you could get a visa in here on the Congress. In the Senate, we the families, we would not have had the United States was Washington, have taken steps to reform our over- each House pass its own bills. And New York, or Boston. We have to de- sight of intelligence. No longer will without the families, we would not velop some strategy to make it more there be an 8-year term limit. No have had the agreement we have come reasonable for persons around the longer will intelligence budgets go to now. world, but particularly in these large- through the Defense subcommittee but, They are an amazing group. When sized nations that are so important to rather, through their own Appropria- you look into their eyes, as they carry our economy, to be able to have rea- tions subcommittees. their pictures of their lost husbands sonable access to the visa process. These are good starts. But we are and wives and children and parents, The second part of this legislation re- also going to have to look at the cul- you see the best of America and the lates to the United States relationship ture of the congressional oversight best of New York. They are a beacon, a with Saudi Arabia. It points out that committees, focusing much more on model of strength, of courage, of in- the Government of Saudi Arabia has the future and the threats that are domitability, and they can rest easier not always responded promptly or fully coming at us and relatively give less of tonight, as we all can, that our world to the United States request for assist- our time to constant focus on the acci- will be safer, and perhaps the horrible ance in the global war on Islamic ter- dents that can be seen through the thing that happened to our city and rorism. rearview mirror. By its nature, the in- our country on that tragic day of 9/11 I believe we need an enormous in- telligence community is going to cre- will not be repeated, God willing, crease in the transparency of the rela- ate accidents from time to time. They again. tionship between the United States and need to be reviewed, but we cannot af- Madam President, I yield the floor Saudi Arabia, and that is a goal we ford for them to be totally consuming and thank my colleague from Michigan have been retreating from. In the joint in terms of our oversight responsi- for his generosity. House-Senate report on the factors bility. It is in the future that the The PRESIDING OFFICER. The Sen- that led to 9/11, an 800-page report con- threats are to be found, and it is our re- ator from Michigan. tained 27 pages on the role of Saudi sponsibility to be able to assure the Mr. LEVIN. Madam President, first, I Arabia in 9/11. Every one of those 27 want to state how indebted we all are pages was classified, so the American American people that our intelligence communities are capable of identifying to the 9/11 Commission and to the fami- people in that and other instances have lies for their work in putting us on the been denied access to the information those threats and providing informa- road to reform. That road will reach a about our relationship with Saudi Ara- tion to decisionmakers to mitigate the culmination today. It is appropriate bia. I hope the provision contained in chances that those threats will become that we spent the time we did to try to this legislation will move us toward a the next Pearl Harbor or the next 9/11 put together a bill which is comprehen- greater frankness and candor in that tragedy. sive and the most dramatic reform in important relationship. Madam President, in conclusion, I Finally, this legislation places re- thank all the people who have played the intelligence community that we sponsibility for important future ac- such a significant role. Obviously, Sen- have had in many decades. tions in at least three places. One of ator COLLINS and Senator LIEBERMAN We in the Congress started out on those is the President. The President deserve special notice. But there are that road with the goal of creating a will have the responsibility for making many other people in this Chamber strong Director of National Intel- a series of critical appointments so today, such as Senator ROBERTS and ligence, or DNI. One milepost was to there will be the human beings respon- Senator ROCKEFELLER, who have empower that Director with real budg- sible for implementing this legislation played a continuing role in seeing that et power and adequate control over in a creative, dynamic manner. our intelligence community is able to personnel in the intelligence commu- He also must assure there is a value serve its responsibility to the people of nity. Another milepost was the cre- system in relationship to this new of- America. ation of a strong National counterter- fice and other positions which are also Thank you very much. rorism Center, or NCTC, with the au- his responsibility to appoint. The most The PRESIDING OFFICER. The Sen- thority to conduct strategic counter- notable of these will be between the Di- ator from Michigan. terrorism planning and to assign roles rector of National Intelligence and the Mr. LEVIN. Madam President, I ask and responsibilities for counterterror- Department of Defense. It will require unanimous consent that I be allowed to ism activities. The managers deserve continued Presidential involvement yield 2 minutes of my time to the Sen- great credit as the conference agree- and monitoring to assure that relation- ator from New York. ment represents a significant achieve- ship achieves rather than frustrates The PRESIDING OFFICER. Without ment in regard to those issues. Their the objectives of this legislation. objection, it is so ordered. work, the work of Senators COLLINS The new Director of National Intel- The Senator from New York is recog- and LIEBERMAN, is a model of biparti- ligence will have enormous responsi- nized. sanship, and I heartily commend them bility. He or she will have to establish Mr. SCHUMER. Madam President, I for it. clear priorities for the intelligence thank my friend from Michigan for The conference agreement contains a community, and this will be reflected yielding. I thank all those who worked number of provisions that I proposed in in the creation of additional national on this bill. It is not everything we all the Senate-passed version. For exam- intelligence centers. These are the de- would have wanted, but it is a large ple, it is critical that there be a cus- centralizing units that have been es- improvement, and I am proud to vote tomer focus instead of a top-down focus tablished in the case of terrorism and for this bill. I want to take a few brief in setting intelligence collection and counterproliferation and will be under minutes simply to praise the families tasking requirements. There is lan- the directive of the DNI to establish in from the New York metropolitan area guage in this conference report to pro- other emerging threat areas. The DNI who worked so long and hard on this vide that customer focus. must also revise current budget prior- bill. The Senate bill contains language ities, particularly in areas such as re- Today we live in a cynical time. But which I offered which precludes the search and development, to reflect re- these families showed that a small NCTC Director from assigning specific sponse to our emerging threats. group of people, if they have the will responsibilities directly to components

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25793 of the Department of Defense. That au- reviewable power to the new Director ures were all in one direction, making thority would have had a negative im- of Intelligence. The programs, then, the Iraqi threat clearer, sharper, and pact on the military chain of com- that the new Director will have that more imminent, thereby promoting the mand. That authority should remain in kind of control over include the intel- administration’s decision to forcibly the Department of Defense. The con- ligence staffs of the Chairman of the remove Saddam Hussein from power. ference report retains our Senate lan- Joint Chiefs of Staff, the intelligence Nuances, qualifications, and caveats guage. staffs of the commanders, and the in- were dropped. A slam-dunk was the as- The legislation also contains a provi- telligence staffs of certain communica- sessment relative to the presence of sion which I authored with Senator tions, and control over certain commu- weapons of mass destruction in Iraq. COLEMAN to stop money laundering and nications systems which support sen- The CIA was telling the administration terrorist financing. The 9/11 Commis- sitive military command and control and the American people what it sion acknowledged that disrupting ter- activities within the Department of thought the administration wanted to rorist financing is one key to winning Defense. hear. the battle against terrorism. Our provi- As I said, I am mystified why these In July of 2004, just a few months sion strengthens bank oversight by im- two provisions, which were included in ago, our Intelligence Committee in the posing a 1-year cooling-off period on the Senate-passed bill, were omitted Senate issued a 500-page unanimous re- Federal bank examiners before they from the conference agreement. Did port setting out a long list of instances can take a job with one of the financial House Republicans object to those pro- where the CIA or its leaders made institutions which they oversaw. The visions even though those provisions statements about Iraq’s WMD and, to a need for this provision arose from our addressed concerns that a number of us lesser extent, Iraq’s links to al-Qaida, investigation conducted by the Perma- have and, as a matter of fact, that the which statements were significantly nent Subcommittee on Investigations Armed Services chairman in the House, more certain than the underlying intel- which disclosed the weak anti-money Duncan Hunter, had about protecting ligence reporting and more certain laundering controls at Riggs Bank the military chain of command and than the CIA’s earlier findings. which resulted in highly suspicious fi- about the Department of Defense hav- In fact, the first overall conclusion nancial transactions. ing a voice in budget matters which so on WMD in the intelligence commit- Among other problems, we were sur- directly and keenly affect them? tee’s report was that ‘‘most of the key prised to learn that the Federal bank There are a number of other trou- judgments in the Intelligence Commu- examiner who oversaw Riggs and al- bling omissions from the conference re- nity’s October 2002 National Intel- lowed the bank to continue operating port. I happen to be one who agrees ligence Estimate . . . either overstated for years with a deficient anti-money that we need a new strong director of or were not supported by the under- laundering program retired from the national intelligence and a new NCTC, lying intelligence reporting’’ regarding Government and immediately took a a new national counterterrorism cen- Iraq’s programs of weapons of mass de- ter, with strong authority. But their job at the bank, raising conflict of in- struction. creation will not solve all or even the terest concerns. Our new provision will These are life-and-death issues. We in most critical of the problems in our in- help eliminate such conflicts. Congress and the American people need Our provision also directs the Treas- telligence community. In fact, the cre- to know that we are getting objective ury Department to conduct a study of ation of a stronger intelligence direc- assessments on North Korea’s nuclear tor makes it even more important that current Federal anti-money laundering program or Iran’s nuclear intentions, we enact reforms to ensure that intel- efforts and recommend improvements for instance. We cannot have any doubt ligence assessments are not influenced to the process for setting priorities so in our mind the intelligence assess- by the policy judgments of whatever that we direct our efforts where they ments that we get represent the facts administration is in power and that a are most needed. as they are objectively assessed and are stronger DNI is not just a stronger po- On the other side of the ledger, I not shaped to serve policy goals of the litical arm of any administration. want to talk about a number of provi- I am deeply troubled that the con- White House—this White House or any sions that were included in the Senate- ference report does not contain critical other White House. We need a stronger national director passed bill but which are, unfortu- provisions that were included in our of intelligence, but a stronger DNI nately, absent from this conference re- Senate-passed bill on a bipartisan basis must not simply be a stronger yes man port. We had a number of provisions in that were intended to promote inde- our Senate bill, on which we worked so pendent and objective intelligence for whatever administration happens hard, that are omitted from this bill. It analysis. to be in power at the time. When we seems to me the bill is weaker as a re- The scope and the seriousness of the wrote the Senate bill, we included pro- sult. problem of manipulated intelligence visions to promote the objectivity and One Senate-passed provision would cannot be overstated. History has too independence of intelligence assess- have permitted the new DNI to transfer many examples of intelligence assess- ments and to provide a check on the military billets among activities with- ments being shaped to support an ad- new National Intelligence Director in the intelligence community but ministration’s policy goals, with disas- from becoming a policy or political would not have permitted the new Di- trous results. Forty years ago Sec- arm of the White House. I am troubled rector to transfer individual members retary of Defense McNamara invoked that the conference report excludes of the armed forces, thereby avoiding dubious classified communication some of those checks and significantly the potential for the Director to inter- intercepts to support passage of the weakens others. fere with the military chain of com- Gulf of Tonkin resolution which was Perhaps the most troubling area in mand. That was changed and it mys- then used by President Johnson as the which this conference report falls short tifies me as to why our provision was legislative foundation for expanding in that regard is the elimination of dropped. the war against North Vietnam. provisions which we had in our bipar- Another Senate provision would have Director of Central Intelligence Bill tisan Senate bill which gave Congress provided that the administration re- Casey heavily manipulated intelligence the tools to do effective oversight of view certain Defense Intelligence during the Iran Contra period. A bipar- the intelligence community. On this Agency programs to determine whether tisan Iran Contra report concluded issue, the 9/11 Commission itself said they should be managed by the new Di- that CIA Director Casey ‘‘misrepre- that ‘‘Of all of our recommendations, rector of National Intelligence or by sented or selectively used available in- strengthening congressional oversight the Secretary of Defense rather than telligence to support the policy that he may be among the most difficult and automatically transferring them to the was promoting.’’ important.’’ That is why during the new DNI without review. The con- The intelligence failures before the Senate’s consideration of the bill, we ference report now gives that non- Iraq war were massive. The CIA’s fail- worked so hard to include provisions

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25794 CONGRESSIONAL RECORD—SENATE December 8, 2004 aimed at achieving that goal. The ab- mittee chairmen and ranking mem- Perhaps the Senator can answer on sence of these provisions from this con- bers. It is my understanding that the her own time as to whether the objec- ference report is deeply troubling. House Republicans and the White tion came from the House Republicans The bipartisan bill that we passed House opposed even that language. The and the White House. here in the Senate contained language record should be clear on this matter if Ms. COLLINS. Madam President, the that required the new Director of Intel- we are to carry on the battle for Senator from Michigan worked so hard ligence, the National Intelligence stronger Congressional oversight, to craft a series of provisions that were Council, the NCTC, and the CIA to pro- which is so essential. included in this bill. Unfortunately, vide intelligence not shaped to serve Other provisions directed at the pro- the conference agreement does not in- policy goals. The conference report duction of independent, objective intel- clude many of the provisions the Sen- omits that language. ligence were also included in the Sen- ator cared most about concerning ac- The Senate-passed bill promoted ate-passed bill but were dropped from cess to information by Congress in independence of the NCTC by stating this conference report. For example, order to ensure effective congressional that the Director could not be forced to the Senate-passed bill created a statu- oversight. ask permission to testify before Con- tory ombudsman to initiate inquiries I think the loss of those provisions is gress or to seek prior approval of con- into problems of politicization, biased unfortunate. On the Senate side, they gressional testimony or comments. The reporting, or lack of objective analysis. had bipartisan support. I think it re- conference report leaves out that pro- This conference report weakens that flects a historic tension between Con- vision. provision by requiring merely that the gress and the executive branch when it The Senate-passed bill contained a DNI identify an individual—and that comes to oversight and the inadequate provision requiring the DNI to provide could be any individual, including the sharing of information with Congress. Congress access to intelligence reports, DNI him or herself—to fill that role. This has been a problem in previous assessments, estimates, and other in- The Senate-passed bill created a stat- administrations, and it has continued telligence information and to do so utory inspector general in the office of to this day. So the Senator is correct within a time certain. the DNI with strong investigative pow- that this objection did not originate The conference report omits that ers. This conference report does not. with any of the Senate conferees, ei- Senate-passed requirement giving us a Instead, it simply leaves it up to the ther Republican or Democrat, and it tool to do oversight. There is a long, DNI to create an IG or not. did reflect the views of the executive painful history of efforts in Congress, The Senate-passed bill created a stat- branch. I want to make it clear that re- on a bipartisan basis, to obtain infor- utory Office of Alternative Analysis or gardless of whether we have had a mation from the intelligence commu- ‘‘red team.’’ This conference report Democratic President or a Republican nity which have never been answered weakens that by simply requiring the President, that tension has existed or have been slow-walked for weeks, DNI to establish a process and assign over decades. months, and years at a time. It is unac- an individual or entity—again, any in- Mr. LEVIN. I thank the chairman of ceptable. dividual or entity—to conduct the the committee. A more powerful DNI could make function of red teaming. The PRESIDING OFFICER. The Sen- matters worse—or better. Congress is Let me summarize. While I am ator from West Virginia is recognized. coequal to the executive branch on in- pleased that we were successful in cre- Mr. ROCKEFELLER. Madam Presi- telligence issues and it baffles me why ating a strong DNI and NCTC, I am dent, I will spend a minute on separate any Member of Congress, over in the deeply disappointed that we did not intelligence-related matter before House where we had this opposition, reach our destination in these other speaking about the bill currently be- would oppose strengthening our ability equally important areas. fore the Senate. In the time I have to access information and carry out Mr. President, on balance, I have been vice chairman of the Intelligence our oversight responsibilities and to concluded that I will vote for this bill, Committee, I have worked hard to try prod the intelligence community to but I am concerned about what has to make sure that funds are channeled give us objective facts without spin. been left out of this conference report. to where they ought to be in intel- I ask unanimous consent for 1 more I think the managers share my concern ligence. For this reason, and with a minute. about these omissions and would ask great deal of reluctance, I am going to The PRESIDING OFFICER. Without that they work with me to address oppose the fiscal year 2005 intelligence objection, it is so ordered. these issues in the 109th Congress. authorization conference report, which Mr. LEVIN. I was also troubled to While we have the chairman of the the Senate will consider later today. find out that White House staff was ac- committee on the floor, I thank her My decision to take this somewhat tually present in the room during staff and Senator LIEBERMAN for the strong unprecedented action is based solely on negotiations of these issues. It is my support they gave to the provisions I my strenuous objection—shared by understanding that the White House just described. We should give Congress many in our committee—to a par- objected to the Congressional oversight the tools to do the oversight which is ticular major funding acquisition pro- provisions during those discussions. I so essential if we are going to get inde- gram that I believe is totally unjusti- know these Senate provisions were pendent, objective analysis. I don’t fied and very wasteful and dangerous strongly supported by both the Senator know why the House—apparently Re- to national security. from Maine and the Senator from Con- publicans who are carrying out the de- Because of the highly classified na- necticut. I know how difficult those sires of the White House—took this po- ture of the programs contained in the discussions were and I appreciate that sition. But it weakens Congress. I want national intelligence budget, I cannot support very much. It was not a lack of to create a record here, number one, talk about them on the floor. But the trying on their part which led to the acknowledging and thanking and com- Senate has voted for the past 2 years to exclusion of these provisions. It was mending our managers for the work terminate the program of which I the opposition of the White House car- they did in conference, trying to pre- speak, only to be overruled in the ap- ried by House Republicans. serve our bipartisan provision, but ask- propriations conference. The intel- In the final negotiations leading up ing, if I could, that they comment on ligence authorization conference report to the November 20 draft conference what I just said relative to where the that I expect to be before the Senate agreement, I even offered what I know objection came from to these provi- later today fully authorizes funding for the managers agreed was a reasonable sions that gave Congress the tools to this unjustified and stunningly expen- compromise that would have simply re- do effective oversight over intelligence sive acquisition. I simply cannot over- quired that the DNI report to Congress assessments, which we had in our bi- look that. the status of outstanding requests for partisan Senate bill, and whether I was My decision is shared by a number of intelligence information from com- correct in stating that. my colleagues. Speaking for myself, if

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25795 we are asked to fund this particular of my colleagues knew of the details of subject of 46 different commission re- program next year, I will seriously con- this program and understood why we ports. Most of them have suggested the sider and probably will ask the Senate are so convinced that it should be can- same kinds of things we are doing here. to go into closed session so the Sen- celed. I encourage you to request a Now, under the extraordinary leader- ators can understand, fully debate, be- briefing, to come to the Intelligence ship coming from Senator SUSAN COL- come informed upon, and then vote on Committee and let our staff explain LINS and Senator JOE LIEBERMAN, our termination of this very wasteful ac- why we believe we are right about this Nation will soon have a Director of Na- quisition program. program. If you do, I believe my col- tional Intelligence who can begin to ef- Mr. WYDEN. Madam President, I rise leagues would agree with the members fectively coordinate our intelligence today to express my concern regarding of the Senate Intelligence Committee agencies for the first time since the a provision included in the Intelligence and vote to stop this program next creation of the National Security Act authorization conference report, which year. of 1947. has been included in the intelligence I am pleased that the so-called ‘‘lone This critical reform was first sug- reform legislation before us. I com- wolf’’ terrorist provision, which had gested during the Nixon administration mend the efforts of both Chairman passed the Senate twice since the at- and was the central recommendation ROBERTS and Vice Chairman ROCKE- tacks of 9/11, has been included in the not only of the 9/11 Commission, but FELLER for their hard work during the intelligence reform legislation. also the joint inquiry—not so well negotiations over this legislation. But As all my colleagues who have read known in this body—that was con- I, like the vice chairman, do not sup- the 9/11 Commission Report know, the ducted by both the House and Senate port the continued funding of a major case of Zacarias Moussauoui—the Intelligence Committees, working to- acquisition program which is unneces- ‘‘twentieth hijacker’’—showed that gether over a period of 2 years ago. sary, ineffective, over budget, and too current law was insufficient to address The intelligence reform bill also es- expensive. The easier path would be to cases in which a foreign person is sus- tablishes a National Counterterrorism step aside and let this program con- pected of terrorist involvement but had Center where our analytical and oper- tinue without dissent. In this case, no known connection to a terrorist or- ational efforts to combat terrorism, however, I do not believe the continued ganization. Current law under the For- here and abroad, can be brought to- funding of this program is the best way eign Intelligence Surveillance Act, or gether in a coordinated way. This to secure our Nation and the safety of FISA, required that the FBI show that builds on the effort to centralize Coun- our troops and citizens. any suspected terrorist must have terterrorism analysis begun with the The Senate Select Committee on In- links to a known foreign terrorist creation of the Terrorist Threat Inte- telligence has raised concerns about group before the special FISA court gration Center. the need and costs of this program for would issue an intelligence warrant to But unlike TTIC, the new center will the past 4 years and sought to cancel surveil or search the suspect. The Sen- coordinate much more than just intel- this program in each of the past 2 ate passed bill made this needed ligence analysis. The NCTC, National years. This has not been a political change and included reporting require- counterterrorism Center, will be re- issue, a Democratic or Republican ments necessary to ensure proper con- sponsible for the strategic planning of issue, nor should it be. The members of gressional oversight of how this provi- all Counterterrorism operations across the Senate committee have supported sion was implemented. The bipartisan the Government. It will provide a unity these efforts in a nonpartisan way with effort to enact this provision was led of effort that we have been lacking for unanimous votes each time. by Senators KYL and SCHUMER who all of these years. The Senate Intelligence Committee proved that we can fight terrorism The final legislation is, I believe, a has determined that this program more effectively without giving up our monumental achievement. I am proud should not be funded based on firm pol- privacy and cherished civil rights. to support it. But I am also very hon- icy judgments. Numerous independent The 9/11 Commission identified the est, as was the previous speaker, Sen- reviews have concluded that the pro- Moussaoui case as one instance where, ator LEVIN from Michigan, that it does gram does not fulfill a major intel- if things had gone right and with a not address all of the recommendations ligence gap or shortfall, and the origi- lucky break here or there, the disas- of the 9/11 Commission. That is some- nal justification for developing this trous attacks against the World Trade what natural in the process of a con- technology has eroded in importance Center and the Pentagon may have ference. But it is important to point due to the changed practices and capa- been delayed, disrupted, or even out what we don’t yet have and what bilities of our adversaries. There are a stopped. I acknowledge the concerns we need to continue working for. number of other programs in existence some have expressed regarding the pos- I am disappointed that a number of and in development whose capabilities sibility this provision may be misused important provisions in this bill were can match those envisioned for this or unnecessarily extends the reach of dropped or weakened—in some cases program at far less cost and techno- the FISA statute. I believe that we can necessarily—in order to get this agree- logical risk. Like almost all other ac- address these concerns with proper ment. The agreement had to be quisition programs of its size, initial congressional oversight of how this au- reached. The intransigence of the budget estimates have drastically un- thority is used and review of this provi- House conferees forced the Senate con- derestimated the true costs of this ac- sion prior to its 2005 sunset. ferees to give up more than I would quisition and independent cost esti- Mr. ROCKEFELLER. Madam Presi- have hoped. A couple of examples are mates have shown that this program dent, I now turn to the business cur- the DNI’s ability to transfer funding will exceed its proposed budgets by rently pending before the Senate, the and personnel. It is a basic part of what enormous amounts of money. The Sen- National Security Intelligence Reform the President is asking for, what the ate Intelligence Committee has also in Act. I am pleased to be here at long commission was asking for. It is sig- the past expressed its concern about last to speak in support of the National nificantly weakened from the Senate how this program was to be awarded to Security Intelligence Reform Act. bill, which passed 96 to 2. the prime contractor. After 5 months of endless work, led by The comptroller established to exe- I understand why funding for this Chairman COLLINS and Senator cute the National Intelligence Program program was included in the conference LIEBERMAN, we are poised to achieve funding has been dropped, requiring in- report. The administration requested what people thought was impossible. telligence spending to still be chan- it, the appropriators have already fund- Some have criticized this legislation neled through the Pentagon comp- ed it, and the House wanted to main- for being too hastily conceived or troller. tain the funding. Nevertheless, I be- rushed to completion. To the contrary, The creation of the inspector general lieve this issue must be highlighted be- this reform has been 50 years in the in the Office of the Director of Na- cause it is not going away. I wish more making and the issues have been the tional Intelligence is discretionary, not

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25796 CONGRESSIONAL RECORD—SENATE December 8, 2004 statutorily mandated. It is not going Committee inquiry into the prewar in- today without the support of the vice to be any good unless there is a person telligence on Iraq, some of the ones I chairman of the Senate Intelligence there doing their job. just mentioned. When we put them to Committee. He contributed greatly to Many provisions in the Senate bill those two heroic Americans, Governor the bill. He was there from the very designed to ensure the objectivity of Kean and Congressman Hamilton, they first day, drawing on his impressive ex- intelligence and improve congressional supported them strongly. They are perience in intelligence and national oversight were modified or were very critical to this reform effort. security matters, advising Senator dropped, including the provisions of the The creation of a Senate-confirmed LIEBERMAN and me on what should be bill authored by Senator CARL LEVIN— Director of National Intelligence pre- in the bill. He was one of our most ac- many excellent suggestions that would sents the President with the oppor- tive and dedicated conferees. have improved congressional access to tunity and the challenge to select an I am very grateful for his support and information and unvarnished intel- individual with strong national secu- efforts and his contributions. I realize ligence reporting. rity and management credentials and the bill we produced is by no means a Similarly, the Senate conferees were who will be viewed by all as a non- perfect bill, and I know that in the forced to modify other important pro- partisan leader of the intelligence com- years to come, he and his colleague, visions on the civil liberties, privacy, munity. That goes without saying. Senator ROBERTS, will work to and declassification boards in order to That is absolutely basic. strengthen and improve our efforts. I overcome House objections. Now, more than ever, we need an in- thank him very much. Even with these shortcomings and dividual who will not only effectively The PRESIDING OFFICER. The Sen- others, the agreement reached is still a manage the intelligence community ator from Virginia. very good one, one that I can support for the first time ever, but who can Mr. WARNER. Madam President, and one on which I hope we can build also be an objective adviser to the might I inquire of the distinguished in the future in our intelligence au- President, somebody immune to the in- managers as to the recognition of thorization bills. fluence of political pressure. speakers that meets the desire of the While several provisions from the In order to carry out the enormous two managers? The Senator from Vir- Senate bill were weakened or dropped, responsibilities created in this bill, the ginia has indicated a desire to speak, the final agreement still includes many new Director cannot be seen as pur- and I believe I am on the list. I will be very important provisions—as I would suing a political agenda of any kind or happy to take whatever position is say, the beginning of the turning of the forcing the intelligence community to available. I can follow my distin- battleship—that will make meaningful support a particular administration improvements to the operation of the guished colleague from West Virginia. I intelligence community in all areas, policy. That would apply, obviously, to am here to listen and learn. not just counterterrorism. both Democratic and Republican Presi- The PRESIDING OFFICER. The Sen- We had a press conference yesterday, dents and their administrations. ator from Maine. and I pointed out that in 1998, George We need a Director who will speak Ms. COLLINS. Madam President, it is Tenet announced and declared that truth to power, as we say, and present my understanding that the Senator there was a war against al-Qaida. No- what the intelligence community from West Virginia is scheduled to body listened. Nobody had to listen, I knows, does not know, or believes in a speak next. The Senator from Virginia guess, and they did not. Under this new timely and objective way. is on the list for 30 minutes of time. setup, if the Director of National Intel- I urge the President to nominate an The Senator from West Virginia is on ligence so declares and has the author- individual to serve as the first Director the list for 2 hours of time. I am uncer- ity to follow through, that will be ab- of National Intelligence who embodies tain whether the Presiding Officer can solutely enormous. these qualifications. be advised whether there is a further Some of the good provisions are: Lan- In conclusion, I again thank Senators order beyond what I have just indi- guage directing the DNI to create an COLLINS and LIEBERMAN for leading us cated? ombudsman to ensure the objectivity through this extraordinary process, The PRESIDING OFFICER. That is and independence of intelligence anal- watching the process seem to disinte- the extent of the list of speakers. ysis. That is so important because it grate, and then, through the absolute Mr. WARNER. Madam President, the means that people can come to an om- persistence of both of them—even to senior Senator from West Virginia in- budsman within an intelligence agency the extent, I understand it, of dicated to me that in all probability he and air their grievances, saying they BlackBerrying each other from the of- might not use that time. To facilitate are being pressured to do analysis a fice to the Kennedy Center—and I will matters, I can be on short notice to certain way, whatever. But having an not say which Senator was at which come after should he not use 2 hours. ombudsman is very important in big place. But all of this helped bring the The PRESIDING OFFICER. The Sen- and sensitive organizations. deal together. ator from West Virginia. The establishment of a intelligence They were extraordinary in what Mr. BYRD. Madam President, am I community reserve corps is, I think, a they did. I have never seen anything recognized? really good idea. It is in the bill. It like it in the 20 years I have been here. The PRESIDING OFFICER. If the helps relieve the burden during periods I am really proud of both of them. Senator from Maine yields the floor. of increased deployments, such as we They never gave up their fight. They Ms. COLLINS. Madam President, I are going through right now. never took their eyes off the prize. will yield the floor. I just want to indi- And the establishment of an alter- They overcame institutional resistance cate that the Senator from Alaska, Mr. native analysis or ‘‘red teaming’’ capa- to change, and, in the end, they over- STEVENS, is also on the list to speak for bility—which is simply the act and the came House efforts to undermine and 5 minutes. I believe he wanted to follow art of taking the collection of intel- emasculate the bipartisan mandate for the Senator from West Virginia. And I ligence and then the analysis that intelligence reform, but did so in a way see that the Senator from Louisiana is comes from that collection and having which drew an enormously positive also here and would like to speak for 5 people who are there to say: But did vote from the House last night. They minutes. So I ask that they also be put you ask this question? What about are skillful, and we honor them. in the queue. that? In other words, they bring a Madam President, I yield the floor. The PRESIDING OFFICER. Without contrarian point of view, thus dis- The PRESIDING OFFICER. The Sen- objection, it is so ordered. The Senator ciplining intelligence at the collection, ator from Maine. from West Virginia. development, and production phase Ms. COLLINS. Madam President, I Mr. BYRD. What does ‘‘in the queue’’ into a more worked product. thank the Senator from West Virginia mean in this situation? These reforms address problems un- for his extraordinarily generous com- Madam President, maybe I can shed covered in the Senate Intelligence ments. We would not be where we are just a little bit of light here to help. I

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25797 do not intend to take the full 2 hours courtesies which they never failed to studying the legislation before the which have been allotted to me under a extend. I have the utmost respect for Congress. We are dutybound to explore previous request. I will be very happy the dedication and for the knowledge the opinions on all sides of an issue to yield to the very distinguished sen- which they have brought to this par- and, especially an issue that is so seri- ior Senator from Virginia at this time ticular subject matter. They have ous as is this one, we are dutybound to if he so wishes to precede me. spent many weeks, days, and hours in work toward a process that does not Mr. WARNER. Madam President, I the consideration of this matter in the exclude opponents or silence the oppo- thank my colleague. As we discussed, I committee, on the Senate floor, in the sition. would like to have the benefit of the conference, and their kindnesses, their In its heyday, the Senate, this body, remarks which he is going to deliver to studies, their knowledge, their ability the U.S. Senate, was known as the the Senate prior to my speaking. If we to translate into action the concerns greatest deliberative body in the world. just leave it, I will be available when- that so many of us have held with re- It should still be that. I wonder if it is. ever the managers wish to indicate I spect to intelligence is something wor- What we have seen in recent times, can speak, I will do so. thy of admiration. however, is a hollow shell, a hollow Mr. BYRD. Madam President, as I I also thank Senator ROBERTS and shell of that noble tradition. Time say, I will not use the full 2 hours. my colleague in the Senate from West after time after time, the Senate There will be ample time, I am sure, Virginia, Senator ROCKEFELLER. They, forgoes its responsibility to deliberate for some of the others whose names too, have worked hard and have con- and to carefully review legislation, and have already been mentioned. tributed much and will continue to do even defers to others to craft legisla- When I refer to the distinguished so. I recognize that these Senators tion for it. Senator from Virginia, may I take this have worked tirelessly since last sum- Legislation is passed by the Senate opportunity to thank him for the serv- mer in trying to craft the best legisla- and then, all too often, hastily rewrit- ice he continues to give to the country tion possible. So I have to compliment ten in a conference report behind and to his constituents, the people of these Senators. I have to salute them. closed doors marked, as it were, ‘‘no the great State of Virginia. I have I have to respect them for their tenac- minority view admitted.’’ All too often noted in the press some of the concerns ity. during the 108th Congress, the party he has expressed with respect to this I regret that I cannot join them in leadership has held bills until just be- particular legislation, and I am sure supporting the conference report. I will fore a recess and then employed dis- those concerns have led to improved vote against it. Mine may be the only ingenuous rhetoric about, ‘‘Oh, last op- legislation, certainly improved chances vote against it, for that matter. But I portunities, these are the last opportu- for its passage today, and I want to feel that I must speak out and must nities to get something done.’’ thank him for that. vote my own sentiments as I attempt Senators, preoccupied with holiday Mr. WARNER. Madam President, I to represent the people of West Vir- schedules and holiday travel plans, for thank my distinguished colleague. His- ginia according to my own lights. example, roll over timidly and accept tory will have to reflect, once this is I know the families of the individuals whatever is placed in front of them. adopted into law, and I intend to sup- who perished in the September 11 at- They do it. They do it time and time port it, upon certain provisions that I tacks are following the proceedings of again. And they importune those Sen- had some role in preparing, working the Senate closely today, and my sym- ators who might be hopeful of speaking with the distinguished managers of the pathies go out to them, as my sym- out and spending some time and debat- bill and my counterpart in the House, pathies did immediately after the ter- ing with their colleagues. These Sen- the distinguished chairman of the rible tragedy that befell them and be- ators are pressured by their colleagues House Armed Services Committee, fell the Nation. As chairman of the Ap- and by the leadership and by the White DUNCAN HUNTER, who has been a very propriations Committee at that time, I House to roll over and let the vote forceful and committed individual to responded in a very positive way. We come and let us go home. I anguish achieve the common goals Congress- passed a $40 billion appropriations bill about the eroding character of the Sen- man HUNTER and I shared. within 3 days. That is somewhat of a ate. I might add to the distinguished Sen- record, I must say. Again, I say, we en- I have now served in this Senate 46 ator from West Virginia, there were at acted—when I say ‘‘we,’’ I mean the en- years. I have seen the Senate when it least four or five others in the Chamber tire Congress—a $40 billion appropria- took the time to speak and to debate who consulted with me, worked with tions bill within 3 days of that tragic and to amend, to ask questions. I have me, and provided ideas, and I want to happening. seen those times, and those were the thank them, although I shall not take These families who have grieved over great days for the Senate. It fulfilled the time at this time to mention their the loss of their loved ones for more its duties to the American people and names. than 3 years, and who will continue to to the Framers, to the forefathers, to I will be available whenever the man- grieve over these losses throughout those who have preceded us. I greatly agers wish to put in a call to me. their lifetimes, have been critical to regret that those days seem to be gone. On another subject, I say to my dis- the efforts to create the 9/11 Commis- They seem to be gone. tinguished colleague from West Vir- sion and allow their thorough inves- I anguish, as I say, about the eroding ginia, the Christmas tree that is now tigation to be completed. The greatest character of this body. I anguish about gracing the west lawn of the Capitol tribute to their efforts of these past the message it sends to the American grew on the border between Highland years would be for the Congress to get people when this body allows itself to County and West Virginia, and my un- these intelligence reforms right. be stampeded, as it so often does allow derstanding is that some of the roots When the elected representatives of itself to be stampeded, into passing penetrated into West Virginia. So the people allow themselves to be co- legislation without thorough examina- while the trunk may have been in our erced into a process that encourages tion. State, it really drew on the wisdom of the abdication of our responsibility to Oh, we congratulate ourselves on a West Virginia and Virginia, and I think understand and fully debate and thor- job well done and then vote overwhelm- my colleague and I are very appre- oughly review legislation, the people ingly in support of the legislation, and ciative that this tree was selected. are robbed of their voice and their gov- yet we cannot even be bothered to ask The PRESIDING OFFICER (Mr. AL- ernment. Senators take an oath to de- questions about the changes made in LARD). The Senator from West Vir- fend the Constitution of the United conference. Like pigmies on the battle- ginia. States. I have taken that oath many field of history, we cower like whipped Mr. BYRD. Mr. President, I thank times over these 58 years that I have dogs in the face of political pressure the managers of this bill, Senator COL- served in public office. Common sense when it comes to issues such as intel- LINS and Senator LIEBERMAN, for the suggests that that means reading and ligence reform.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25798 CONGRESSIONAL RECORD—SENATE December 8, 2004 I felt the pressure to forego any majority leader. I have been the major- conception. And while it may enjoy the speech, forego any request for a rollcall ity leader. I have been the minority support of the overwhelming majority vote but just to let it pass by voice leader. Senators defer to the majority of Members here today, nobody—I say vote. Can you imagine that? Let this leader, whether it is a Democrat or a nobody—can say with any confidence piece of legislation pass by voice vote; Republican, to call up measures. I say or certainty as to how this new layer of oh, Senators have travel plans, and it that we often just do not have the de- bureaucracy will affect our intelligence would be well if we could just have a bates the Senate should give to impor- agencies or the security of our country. voice vote. tant measures. We don’t know if it will enable the in- We have too much of that around This conference report—as I say, it is telligence agencies or enable the Gov- here. I for one have a rebellious feeling outrageous for Senators to understand ernment in all its ramifications to bet- against our relaxing in our duties to the 600-page bill in less than 24 hours. ter guard against a terrorist attack or the Senate and to the people by giving I want to call attention to the Wash- whether it will cause a host of unfore- in to such pressure. ington Post of today and its lead edi- seen problems. We are failing in yet an- I do not claim to know as much torial titled ‘‘Reform In Haste.’’ I shall other misguided rush to judgment to about this legislation as the managers just take the time to read the first two take the time and effort to find out. We of the bill. But I do know about proc- paragraphs of today’s Washington Post are failing to take the time. It is a rush ess. And it galls me that the Senate lead editorial titled ‘‘Reform In to judgment. There has been a mad Haste.’’ I quote therefrom: has allowed itself to be jammed against scramble to cobble the pieces together a time deadline time and time and The rhetoric emanating from the Capitol and pass a bill. Oh, I have to pass a bill. time again—and in this instance, Hill in the past few days may have created the impression that, after a hard-fought bat- The Senate barely understands how jammed against a time deadline in con- tle over key provisions, Congress worked its the experts line up on this bill. The sidering this conference report. way to a sensible plan for reorganizing the 9/11 Commission is for it. That much This is the most far-reaching reorga- U.S. intelligence community. Sadly, that is we know. But former CIA Director nization of our intelligence agencies far from the truth. The 600-page omnibus George Tenet said last week he opposes since 1947. These changes will remain measure on its way to approval yesterday this bill. That is sobering criticism for decades, and these changes will im- had not been read or carefully considered by from someone who, having left Govern- pact upon the security of our Nation at the vast majority of members, including some of those most involved in its construc- ment months ago, no longer has any countless levels. Such matters ought to tion. What passed for a debate in the past turf to protect. be held to a higher standard of consid- couple of weeks was actually little more A distinguished group of national se- eration by the Congress than is the than a turf battle by Pentagon satraps and curity experts wrote in September that case here. the Congressmen who share their interests they oppose any intelligence reform This conference report has been re- on issues that are marginal to the broad re- this year. That group included former worked and redrafted over the course organization outlined in the legislation. Senate Intelligence Committee Chair- of 2 months in a closed-door con- That shake-up, driven by an odd combina- tion of election-year politics and the deter- man David Boren; former Senator Bill ference, and the Senate has only re- mination of the September 11 commission to Bradley; former Secretary of Defense ceived a printed copy of the conference leave a mark, may improve the quality of in- Frank Carlucci; former Secretary of agreement less than 24 hours ago. I telligence information supplied to the Presi- Defense Bill Cohen; former CIA Direc- don’t know what is in the conference dent and other key policymakers; we have tor Robert Gates; former Deputy Sec- report. I would say that any other Sen- our doubts. Like the passage of the USA Pa- retary of Defense John Hamre; former ator who stands before this Senate and triot Act or the creation of the Department Senator Gary Hart; former Secretary of Homeland Security, it has been mandated tells the American people he or she of State Henry Kissinger; former Sen- knows what is in the conference report hastily and with scant consideration of its long-term consequences. ate Armed Services Committee Chair- is like the emperor who had no clothes. man Sam Nunn; former Senator War- As late as yesterday, the conferees That is what I am talking about. The Washington Post hit it right on the ren Rudman; former Secretary of State were still making changes. It is out- George Shultz. rageous, outrageous, to expect Sen- head. I tell you that I am not going to vote We do not know how these experts re- ators to read and understand a 615-page for legislation of this importance under gard this conference report. We do not measure in less than 24 hours. Is that such circumstances. I have done it be- know how they regard the bill today, the way we ought to legislate? Here we fore. I have voted against other legisla- but even months ago they urged we have young pages who come here from tion from time to time which I felt was take more time. all States of the Union. They expect to being rammed through the Senate Henry Kissinger appeared before the learn how legislation is made, how the without proper consideration, without Senate Appropriations Committee and Senate works, how we Senators per- ample time for debate. And this meas- urged we take more time. He suggested form in the bright lights of publicity, ure, of course, cannot be amended. A we take more time, even as much as how we do the people’s business. I conference report under Senate rules perhaps 8 months—nothing this year. know they read the casebooks and the cannot be amended. So we have to take I read from an excerpt of a statement history books and the textbooks and it or leave it, vote it up or down. We by former Secretary of State Henry all these things about how legislation are buying a pig in a poke here, I can Kissinger, as of Tuesday, September 21, is made. They come here with bright assure you. this year: eyes, open eyes, open ears, great hope, This conference report is very dif- What we are urging is a time for reflection great aspirations, and they work for ferent from the legislation that passed and a time for consideration with maybe a what I say has been rightly called the the House of Representatives and the short deadline of 6 to 8 months, but to take greatest deliberative body in the world. Senate 2 months ago. I have heard Sen- it out of the immediate pressures of a period Is this deliberation, a 600-page re- ators here on the floor today talk that is bound to affect the thinking. port? If I stood before the American about how this differs from the legisla- There we were, about to enter into people and said I can vouch for every- tion that we passed in the Senate a few the heat of an election campaign and thing that is in this, I know what is in weeks ago. Henry Kissinger was saying, whoa, it, the people would know I am mis- For example, a number of provisions whoa, wait a minute. Let’s slow down. leading them, wouldn’t they? But this related to the USA PATRIOT Act and Let’s take adequate time. Don’t be is so often the way it is. We allow our- the law enforcement powers have been pressured by the election. Let’s don’t selves to be pressured by the leader- inserted into this bill, which again has do these things in such a hurry. ship. The leadership calls up measures never been considered on the Senate We do not know what these experts here in the Senate. Any Senator can floor. regard how they would perceive this make a motion to proceed. But Sen- This legislation has encountered vir- conference report today. I don’t know ators don’t do that. They defer to the ulent opposition since the time of its how Henry Kissinger would judge it. He

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25799 doesn’t know what is in the conference days or the next month or the next 2 or This conference report eliminates report, just as I don’t know what is in 3 months. No legislation alone can provisions to ensure that the Congress it. Why should Senators forego the val- forestall a terrorist attack on our receives timely access to intelligence. uable insight of almost every public country. It also allows the White House’s Office figure who may actually be able to as- The momentum is strong now to re- of Management and Budget to screen sess what is in the new version of intel- form our intelligence agency. I submit testimony before the Intelligence Di- ligence reform? the greater risk is not that the momen- rector presents it to the Congress. So I say again, let us not say we be- tum will dissipate next year if this bill Whistleblower protections for intel- lieve we understand what is included in does not pass today or this week, but ligence officials who report to the Con- this conference report. I don’t under- that the passage of this bill will re- gress have also been stricken from the stand it. We have not had the time to move any incentive to focus on the Senate-passed bill. understand it. We do not have suffi- broader intelligence failures that have The conference agreement creates cient resources by way of assistance occurred outside the war on terror. senior intelligence positions but ex- from capable staff people. They have This legislation is appropriately fo- empts many of them from confirma- not had the time. It is, in effect, a new cused on the failings of September 11 tion by the Senate. It eliminates the bill and in some ways very different but oblivious to the many other glar- privacy and civil rights officers in- from anything the Senate has consid- ing deficiencies in our intelligence cluded in the Senate-passed bill. It ered to date. community. Our country went to war strips 18 pages of legislative text that Common sense suggests the Congress in Iraq, a war we should not have en- would have created an inspector gen- ought to hold hearings on the contents gaged in, a war in Iraq on the shoulders eral and ombudsman to oversee the In- of this new measure so we may be in- of false claims about weapons of mass telligence Director’s office. That lan- formed by experts about its benefits destruction. But this bill dances guage has been replaced with one para- and defects, so that we may ask ques- around that issue on tippy toes. It is as graph, authorizing the Intelligence Di- tions, so that those questions and an- though Congress is too afraid to men- rector, at his discretion, to create or swers may be compiled into printed tion the fact that faulty intelligence not to create an inspector general, and hearings so we all may have the benefit claims deceived the public out there, provides the Director with the power to of the knowledge, the benefit of time to deceived the man and the woman on decide which, if any, investigative pow- study and to reflect. the street, deceived the people of this ers to grant the inspector general. There is no reason the Senate cannot country into believing there was an im- That means the new Intelligence Di- proceed in this prudent matter early minent threat from Saddam Hussein. rector could exempt his office from in- next year. Instead of viewing this con- Why is Congress avoiding that crit- spector general audits and investiga- ical issue? Is it because some do not ference report as the final stage of the tions, and that the Congress would not wish to expose the role of the White process, we ought to consider it as the receive reports from an objective inter- House in feeding bad intelligence to starting point for debate next year. It nal auditor. The Congress is limiting the American people? The Founding is only a few days away, next year. We its own access to vital information Fathers intended Congress to be a ought to invite witnesses back to tes- within this new intelligence office, and check on the power of the Chief Execu- tify and allow the process to begin it will have thereby compromised an tive, but increasingly Congress appears anew outside the election cycle and essential mechanism for identifying content merely to be a cheerleader for built on the foundations of knowledge potential abuses within the new intel- the President depending upon which acquired this year. ligence program. party might be in control at a given Instead, we are allowing ourselves to Given the dark history of abuses of moment. be lulled into the fallacious belief that The intelligence bill fails to address civil liberties and privacy rights by our we must accept this bill, we must ac- the unfolding prison abuse scandals in intelligence community, I had hoped cept this conference report, we cannot Iraq, Afghanistan, and Guantanamo that the Congress would exercise more amend it, we must accept it from page Bay. caution, but it has not done so in this 1 through page 615. We have to accept The Armed Services Committee has legislation. it lock, stock, and barrel. held six hearings on the abuse of pris- The 9/11 Commission recognized that We do not know what is in it. There oners in U.S. military jails. There is its recommendations call for the Gov- may be several pigs in this poke, but mounting evidence that the CIA had ernment to increase its presence in we buy them all; we embrace the whole some hand in the mistreatment of de- people’s lives, and so it wisely endorsed thing virtually sight unseen. We allow tainees. The Red Cross has reported on the creation of an independent Civil ourselves to be lulled into the falla- the illegal practices of U.S. intel- Liberties Board to defend our privacy cious belief that we must accept this ligence agencies holding ‘‘ghost detain- rights and liberties. The Senate-passed bill or risk it not passing next year, ees’’ in secret prisons. Why is this in- bill embraced this recommendation with some even suggesting a terrorist telligence bill silent on such out- and included additional protections to attack could result from it. rageous policies? How can Congress help ensure that executive agencies Now, a terrorist attack may happen, claim to fix what is wrong with our in- could not exert undue influence on the but it won’t happen because this con- telligence agencies if this major piece Board. This conference agreement, ference report would have been put of legislation does not even address however, scuttles those protections by over until next year. If it is going to such colossal intelligence failures? burying the Board deep inside the Of- happen, it will happen and nothing in The only way to reduce the risk of fice of the President, subjecting Board this conference report would stop it if such failures is to ensure the account- members to White House pressure. it happened next week or the next ability of this new Intelligence Direc- Why? month or the next several weeks or tor to the people’s representatives in The conferees included language months. That is nonsense. Don’t be- the Congress. It is the Congress that making changes to the 1978 Foreign In- lieve it. must make the decision to declare war, telligence Surveillance Act, the law I have heard even some comments and it is the Congress that is respon- that blurs the rules on electronic sur- from people who ought to know better sible for the oversight of this new in- veillance and physical searches by the on the TV saying, What I am concerned telligence program to help guard U.S. Government. This conference re- about, if we don’t pass this report, I against future intelligence failures. port, though, states that the Intel- just hope we don’t have another ter- It is paramount that the Congress do ligence Director shall have authority rorist attack—as though passage of everything possible to ensure itself ac- to direct or undertake electronic sur- this conference report will make any cess to timely, objective intelligence. veillance and physical search oper- difference to any terrorist who may be Yet that is not what we see in this leg- ations pursuant to FISA if authorized planning an attack next week or 10 islation. by statute or executive order. This is

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25800 CONGRESSIONAL RECORD—SENATE December 8, 2004 dangerous ground, isn’t it? This is dan- Mr. INHOFE. Will the Senator yield? I won the election to replace him, he gerous ground to walk when the Presi- Mr. BYRD. Yes, I will yield. and I had a talk. And he said: I have dent, through executive order, and Mr. INHOFE. I ask the distinguished something very significant to talk to without the authorization of the Con- senior Senator from West Virginia if he you about. gress, can direct this new Intelligence would yield me a little bit of his time, If the Senator from West Virginia Director to undertake electronic sur- and then I will yield right back, be- will recall, Senator Boren was the veillance and physical search oper- cause something the Senator said I chairman of the Senate Intelligence ations. think is worth elaborating on a bit. Committee at that time. Yet another provision would make Mr. BYRD. Very well. Will the distin- Mr. BYRD. Yes. terrorist crimes subject to a rebuttable guished Senator inform me as to how Mr. INHOFE. He said: You have to do presumption of pretrial detention, much time? something. I have tried and I haven’t which means that prosecutors will not Mr. INHOFE. Oh, 10 minutes, but I really succeeded because no one is be required to show a judge that the probably will not use it all. aware of the shambles that the system defendant is a flight risk. Instead, the Mr. BYRD. Does the Senator wish me is in in terms of the turf battles in in- defendant will be presumed to be a to yield at this point? telligence collection and all of that. flight risk. Are Senators sure we are Mr. INHOFE. I would like that, yes, I told him at that time I would do ev- not trampling on the civil liberties of or I will wait until the Senator finishes erything I could even though I was going to be on the Intelligence Com- the American people with the hasty his current thought. I want to ref- mittee but not on some of the commit- passage of this conference report? erence former Senator Boren and some Again, few, if any, Senate hearings things that you mentioned. tees dealing directly with this. So he have been held on these provisions by Mr. BYRD. Yes. talked about the crisis it was in. I will read to you from the CSIS re- the full Senate Judiciary Committee. Mr. INHOFE. I will wait. port that was written by the very peo- The inclusion of these provisions in Mr. BYRD. I will certainly yield to ple the Senator from West Virginia title VI, with so little examination of my friend very shortly. Let me say, listed. It reads: their real meaning, reminds one of how however, continuing my thought, it may well be that the only problem that Racing to implement reforms on an elec- the PATRIOT Act itself was enacted in tion timetable is precisely the wrong thing haste without sufficient review, and this bill will actually fix is one of poli- to do. tics. with no real understanding of its true I think that it does have to be delib- Passing this bill in the waning hours consequences. erative, and we do have to have more of the 108th Congress means that for all These are unsettling provisions, and time. the Senate ought to insist on its rights intents and purposes intelligence re- Additionally, there is no one I hold in to consider them more carefully. The form will be removed from the agenda higher regard in terms of his back- Senate has not had enough time to un- of the next Congress. By passing this ground and capability than Porter derstand this legislation or its implica- bill today, the Senate will be giving po- Goss. I served with him in the other tions. This new Intelligence Director litical cover to those who wish to dis- body. Here is a man who has the back- has been granted significant authori- miss calls for more thorough reform of ground, yet we haven’t heard anything ties, and the Congress has not done intelligence agencies to fix problems from him on this. It seems to me if we enough to ensure adequate checks on that are not addressed in the legisla- all agree, as we did when his confirma- the actions of the Intelligence Direc- tion, including the Iraq WMD, weapons tion took place, that he is the expert tor. of mass destruction, fiasco and the that he is, he should have some partici- With regard to homeland security, abuse of prisoners in secret detention pation. At least I want to know what the bill authorizes a significant in- facilities. his thinking is about this. crease in the number of Border Patrol Intelligence reform should be done Just for a moment, I saw several agents, immigration investigators, and right the first time. But the actual im- things in the House bill I liked. I have a significant increase in the number of plementation of this bill will be a very short list of things that were beds for immigration detention. The shrouded in secrecy and hidden from taken out of the House bill in con- bill also authorizes increased funding public scrutiny. Under this conference ference. This disturbs me. For example, for air cargo security and for screening report, the total amount of intelligence they took out any requirement for airline passengers for explosives. All of spending will remain classified so that proof of lawful presence in the United these are worthy goals, but the provi- the American people may never know States. The requirement applies to im- sions are just empty promises. if the President is shortchanging the migration law provisions passed in Last September, when I offered an reform effort that this bill requires. 1996, which I supported, as did the Sen- amendment to the Homeland Security Senators ought not be so willing to ator from West Virginia, that were appropriations bill to fund these pre- rush this bill through knowing that it signed into law by President Clinton. cise activities, the White House op- may serve as political cover for an ad- Secondly, the temporary license re- posed the amendment and my Repub- ministration that has a sorry history quirements, including a requirement— lican colleagues lined up, virtually to of promising big reform efforts that it again this was in the House bill and the man or woman, and voted against never funds. was taken out—that the license term it. And today, Members will line up and Mr. President, I am happy to yield should expire on the same date as a vote for more empty promises. now, if I may retain my right to the visa or other temporary lawful pres- President Bush had the opportunity floor, to my friend from Oklahoma. ence authorizing document. This to support Congressman SENSEN- Mr. INHOFE. I thank the Senator for means if you are here on a document— BRENNER and insist on tougher immi- yielding. it might be a visa—and it expires, your gration reforms in this bill, but the The PRESIDING OFFICER. Without driver’s license should expire at the President welched. Senators talk about objection, it is so ordered. same time. That was a part of the reforms needed to protect against ter- Mr. INHOFE. Mr. President, the Sen- House bill that was taken out. rorism, and the fact is that this bill is ator had referred to a report and The required documentation for iden- a hodgepodge of empty border security named several very distinguished peo- tity is the hard document. Many States promises that the administration has ple, including the former Senator from have inadequate and outdated proof of no intention of funding—and I am cer- Oklahoma, my predecessor, current identity. This provision ensures that tainly concerned about that; no inten- president of Oklahoma University, the States would have hard documenta- tion of funding—and that will only en- David Boren. tion on this. courage the kind of illegal immigra- Mr. BYRD. Yes. The restriction of the State’s ability tion that leaves our country wide open Mr. INHOFE. I would share with the to accept foreign documents for a driv- to terrorists. Senator from West Virginia that when er’s license, we have discussed this. I,

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25801 for one, do not hold in as high a regard taken out. That might be something and have the opportunity to make sure foreign documents as I do our own doc- that has been said on this floor. I we get the reforms I outlined that were uments that are generated here. haven’t heard anyone justify why that taken out or put in by the House. The The antitrafficking provision was was done, but it seems like it was done. reason is that once you pass a bill, you taken out. The House bill adds to the I know that Congressman HUNTER lose your leverage to get those things existing criminal code addressing iden- placed a provision to close the gap, and that were controversial back in. I don’t tity theft and fraud language to ad- apparently there were some endangered have any doubt that the Speaker—he dress the growing and lucrative crime species lawsuits that came in and have says he will bring this up, and I don’t of selling the technology and informa- caused this conference report to leave doubt that. I have serious doubts that tion that facilitates counterfeiting of that gap open. if they pass something in the House identity documents. This was taken I suggest that if we are leaving it and send it here to correct those five out. I have not had the opportunity to open, I say to the Senator from West areas I outlined, it would be done over find out the reason for this. Notwith- Virginia, we are leaving it open to pro- in this body. standing that, I know there are many tect a maritime succulent shrub which I appreciate very much the Senator good provisions we should be passing. is something that is required or could yielding me a few minutes of his time One of them I draw to the attention create a harassment to some endan- to share those thoughts with him. of the Senator and the Senate is the gered species. So I checked to see what Mr. BYRD. Mr. President, I thank electronic confirmation by the various that was. I found out that the two the Senator who has expressed, rightly, State Departments of Motor Vehicles major species that might be endan- his concern. The Senator has cited ex- to validate other States’ driver’s li- gered species, that might be harassed— cellent examples of why this bill is censes. not killed, harassed—were the vireos or being rushed and why it should not be Had Virginia referenced the Florida the flycatchers. rushed. records of Mohammed Atta who was I am holding a picture of a fly- I am for intelligence reform. There stopped here, it is likely they would catcher. Let me get the full name. are many things in this package, I am have discovered that his license was I don’t seem to have that here. sure, that are worthwhile. But we can- not current. Who knows whether that Anyway, this is one of the species not fully protect ourselves against ter- would have prevented 9/11 from hap- that might be harassed—not killed, but rorists unless we address the gaps in pening. However, we do know this: He harassed. The other is this critter, a our borders and stem the rise of illegal piloted one of the airplanes that went vireo. I checked with the U.S. Geologi- immigration. There is a great deal of into the towers, and he was also one of cal Survey, and I found out there are friction in the House of Representa- the masterminds at that time. Moham- an estimated 2,000 vireos in existence tives with respect to this conference med Atta was actually stopped in Vir- today and 1,000 flycatchers in existence report because of the failure to address ginia. The House put a provision in to today, and the most this would pre- many of the problems Congressman make it very difficult for that to take vent, not from being killed but from SENSENBRENNER spoke about. I hope we place. being harassed, would be 2 of these and will still have an opportunity to do This morning on a news show on Fox 3 of these. that. But this is just one area in the News, Congressman SENSENBRENNER Now, I ask you to prioritize this. Is it conference report that ought to have was on, and E. D. Hill asked him some better to harass five of these endan- had more time, but it did not get the questions: gered species and at the same time time, as the subject matter in its en- . . . Explain to me this whole driver’s license leave this 3.5-mile gap open for perhaps tirety should have had more time. thing. Because I know that out in California terrorists or someone else to come Next year, the President will ask the they’re giving out licenses and then there through? I have been very concerned Congress to pass a sweeping amnesty. are these matricular I.D.s—all sorts of stuff about these things. It’s clear that illegal aliens will con- like this. I do understand that the House has tinue to pour into this country until This bill—the last part that I read—said said they are going to fix all this in the Congress takes action to protect that they wanted national guidelines for fed- January—I cannot remember, I think eral—for identification, for driver’s licenses its borders. and that type of identification form. What in the first part of January sometime— The 9/11 Commission’s endorsement does this mean? but every time that happens, when of this legislation will mean nothing if they say they are going to fix some- these so-called reforms lead to future Congressman SENSENBRENNER re- sponded: thing that we rush through to pass, it intelligence failures. doesn’t happen. What the American people will re- Well, it would be proof of lawful presence I saw my friend, the Senator from member, however, is that the Con- in the United States, which means either a birth certificate, a U.S. passport, a foreign Florida, walking through here a gress—the Senate and the House—abdi- passport with a green card. Or if someone is minute ago. He reminded me that I was cated its role to fully protect their se- here on a temporary visa with an expiration the only Senator in 2000 to vote against curity interests. The American people date, that passport and changing the law to the Everglades Restoration Act. I did will remember that the Congress em- have the driver’s license expire as of the date so because we did not have a core plan, powered an unelected bureaucrat while the visa expires. a feasibility study, and we didn’t know doing little else to protect against fu- He goes on and talks about Moham- about the cost. We were given assur- ture intelligence failures. med Atta and when he was stopped and ances that if we would pass that bill on This process has been hurried and what happened. That part is very dis- that particular day, we would have a rushed from the beginning. It has been turbing to me. feasibility study and the cost would tainted ever since the decision was Finally, there has been a lot of talk not exceed where they are today. Now made to tie its consideration to a polit- about the 16-mile gap that was in there we find out that the costs have dra- ical schedule. that has now been returned back to matically exceeded the estimates in When the 9/11 Commission needed about a 21⁄2 mile gap between San Diego 2000. more time to conduct its investigation and Tijuana. It is a gap because there I only say this not to criticize any- into the September 11 attacks, the is no fence there. People come and go one, but only to say that, without ex- Congress acted magnanimously in as they will. That is where a lot of the ception, every time we have rushed to granting a 2-month extension. Senators illegals are coming through, a lot of do something, we have used the excuse said at the time: people who could be terrorists. We that we are going to fix it 3 weeks from It would be counterproductive to deny the don’t know. Nonetheless, they are now or tomorrow or in the beginning of commission the extra 2 months it now says going through. the next session, but it doesn’t seem to it needs to complete its investigations. . . . They had closed that gap in the take place. So like a lot of reforms Mr. President, the Founding Fathers House bill, and that language was that are in this, I would rather go back would be ashamed of the notion that

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25802 CONGRESSIONAL RECORD—SENATE December 8, 2004 time is a luxury reserved for the The President will be responsible for telligence information they need to do unelected members of independent also establishing an information shar- their jobs. And the legislation will also commissions. What about the Senate? ing environment for communicating enable and encourage the diffusion of What about the elected representatives terrorism information beyond the in- information about terrorism to the of the people who serve in this body? telligence community. This program American people. It has often been said The Framers of the Constitution con- will facilitate the sharing of informa- that an informed citizenry is a bulwark ceived a Senate that would resist the tion among all appropriate Federal, against tyranny, but an informed citi- forces that urge us to bend with each State, local, and tribal entities and the zenry is also a bulwark against ter- change in the political breeze. To the private sector. To help shift from a cul- rorism. By fostering the diffusion of in- contrary, the Constitution binds Sen- ture of undue information protection formation, consistent with the need to ators to serve the greater causes of the that can impair our security efforts, secure intelligence sources and meth- Republic and reserves the power of the legislation instructs the President, ods, the legislation should help enable each Member to demand more time for among other things, to require a reduc- the American people to have the infor- debate, more time for thoughtful con- tion in overclassification of informa- mation they need to make informed de- sideration. So shame on us for not in- tion. The President will also issue cisions about the threats our nation voking that wisdom in claiming the ad- guidelines to ensure that information faces and the steps we must take to ditional time we need to better assess is provided in its most shareable form, overcome those threats. this legislation and to better protect such as by using ‘‘tearlines’’ to sepa- Mr. NELSON of Florida. I would like the security of this Nation and to bet- rate data from the sources and meth- to make a statement in regard to an ter enhance the well-being of the ods by which the data is obtained. important provision in the conference American people, who stand in need of Ms. COLLINS. I thank the Senator. report: Section 4071, Watch Lists for closer examination and scrutiny of leg- Mr. President, some concerns have Passengers Aboard Vessels. I would islation that will provide for their se- been expressed to us about whether the like to first commend the cruiseline in- curity and the security of their chil- authorities under this bill might be dustry for all of its proactive measures dren and the security of the institu- used, or abused, to unduly limit the to enhance passenger vessel security. tions that need that protection and flow of information to the Congress, Both the cruise industry and I share that security. Mr. President, I yield the floor. State and local governments, and the the same commitment—that is to en- public. Nothing could be farther from sure the safety and security of the mil- FOSTERING THE FLOW OF INFORMATION our intent than to chill the appropriate Ms. COLLINS. Mr. President, the 9/11 lions of passengers and crew traveling and desirable dissemination of infor- Commission found that the biggest im- on their vessels each year, in addition mation. This bill does not grant any pediment to ‘‘connecting the dots’’ was to securing our ports. In an effort to clarify the intent of resistance to information sharing. As new authority for the DNI or the Presi- the provision included in the Intel- the Commission stated in its report: dent to establish a regime of undue ligence Reform Conference Committee ‘‘Agencies uphold a ‘need to know’ cul- government secrecy. The bill properly Report, I want to take this opportunity ture of information protection rather affords the DNI authority to protect than promoting a ‘need to share’ cul- intelligence sources and methods, but to recognize the current procedures in ture of integration.’’ I ask if the rank- this is the same authority that is cur- place at the Department of Homeland ing member on the Governmental Af- rently vested in the Director of Central Security in regard to passenger vessels and express support for the increased fairs Committee, Senator LIEBERMAN, Intelligence. The legislation does not would explain how this legislation ad- include any new provisions to crim- security procedures undertaken in this dresses this finding of the Commission. inalize or unduly suppress the lawful area. Currently, passenger vessels elec- Mr. LIEBERMAN. In drafting this sharing of unclassified information, tronically transmit advance passenger legislation, we fully considered the nor does the bill waive any existing information through the Federal APIS finding of the 9/11 Commission that protections of government employees reporting system or through the 96- Senator COLLINS refers to, and we de- who raise legitimate concerns by dis- hour advanced notice of arrival. This signed the bill to foster a shift away closing information to Congress or allows the government to review all from a ‘‘need-to-know’’ culture of ex- through other lawful channels. passenger and crew manifest informa- cessive secretiveness, toward a more I fully expect the DNI and the Presi- tion and check against numerous Fed- integrated and open culture of ‘‘need to dent will exercise their responsibilities eral agency databases to ensure that share.’’ The bill assigns key respon- under this bill in a way that fosters— all passengers and crew are cleared for sibilities to the DNI and to the Presi- not unreasonably restricts—the flow sailing, though not always before de- dent to achieve this shift in culture. and dissemination of information to parture. The bill makes the DNI responsible Congress, State and local officials, and The purpose of section 4071 is to pre- for establishing guidelines for the in- the public. Certainly, if there is any in- vent terrorists or suspected terrorists telligence community to ensure max- dication that the authorities under from physically boarding cruise vessels imum availability of, and access to, in- this legislation are being misused to that depart from U.S. and U.S. con- telligence information within the com- unduly stifle the flow of information trolled ports. Currently, both Customs munity, and to maximize the dissemi- and to thereby defeat the purposes of and Border Protection and the Coast nation of intelligence consistent with the bill, I fully expect and intend that Guard require the submission of pas- protection of sources and methods. The Congress will promptly look into and senger and crew manifests. This provi- legislation recognizes that there will remedy the situation. Congressional sion would codify the reporting re- sometimes be a tension between the oversight of these issues will be fos- quirement for vessels, and ensure that need to share intelligence information tered by the reports that are required both manifests are checked against one and the need to protect intelligence during the implementation and oper- consolidated terrorist watchlist prior sources and methods, and the DNI will ation of the Information Sharing Envi- to departure. The provision also in- be responsible for establishing policies ronment, and through the establish- cludes language which would allow the and procedures to resolve any conflicts ment of the Privacy and Civil Liberties Secretary to waive the requirement for in this area. The DNI’s guidelines are Oversight Board. vessels embarking at a foreign port if to foster a shift from a culture of Does the Senator from Connecticut the requirement is impractical, how- undue secrecy by, among other things, agree with my assessment? ever, in such cases the passengers and allowing for dissemination of intel- Mr. LIEBERMAN. I could not agree crew would continue to be screened ligence products at the lowest possible more. This legislation is designed to prior to arrival at a U.S. port accord- level of classification consistent with enable the Governmental and non-Gov- ing to the 96-hour rule. security needs—and in unclassified ernmental entities with security re- Mr. LIEBERMAN. I thank the Sen- form to the extent possible. sponsibilities to have access to the in- ator from Florida for highlighting this

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25803 important matter. As the Senator a sanctuary for terrorists or terrorist someone to obtain driver’s licenses and pointed out, since January 2003 DHS, organizations.’’ I ask if the ranking State ID cards from DMVs, using false through the Bureau of Customs and member on the Governmental Affairs pretenses. The GAO investigators went Border Protection, has required com- Committee, Senator LIEBERMAN, would out to several States and conducted mercial aircraft and commercial ves- clarify the addition of this criteria to undercover operations where they tried sels to electronically transmit advance the definition used in the Export Ad- to obtain licenses using fake breeder passenger and crewmember informa- ministration Act. documents, or using other false meth- tion in order to assist the Department Mr. LIEBERMAN. ‘‘The recurring use ods. Incredibly, the GAO investigators in the effective inspection of pas- of any part of the territory of the coun- succeeded every single time. More in- sengers and crew. Currently, passenger try as a sanctuary for terrorists or ter- credibly, the GAO study was under- vessels provide advanced passenger rorist organizations’’ is not the only taken several months after some of manifests both upon the original depar- factor the administration should take these same States claimed that they ture of the voyage and 24 to 96 hours into account when making determina- reformed their driver’s license issuance before arrival into the United States. tions of which nations are terrorist processes following the 9/11 tragedies. This provision will help streamline the sponsors for the purposes of the Export In October 2002, I introduced S. 3107, process, by requiring the manifest data Administration Act. It is just one of the Driver’s License Fraud Prevention be compared against one consolidated, the appropriate factors to be taken Act of 2002, with Senator MCCAIN, to comprehensive terrorist database, and into account when the Secretary exer- address the glaring problems we uncov- by requiring that the comparison be cises his discretion to determine ered with the hearing and the GAO done prior to the departure of the ves- whether the government of a country study. The core goal of that bill was to allow for the Federal Government to sel. The cruise industry will do its part has repeatedly provided support for work with States and interested par- by ensuring that complete and accu- acts of international terrorism. I un- ties to develop a set of minimum secu- rate data is collected as early as pos- derstand from the State Department rity standards to be applied uniformly sible, and the Department of Homeland that other factors that the Secretary Security will work to ensure the com- to all States. of State typically takes into account In drafting that bill, we had three parison is done effectively and effi- include: Whether the government of a main principles for reforming the State ciently, and make every effort to not country is furnishing arms, explosives processes: 1. reform must apply uni- delay the departure of these vessels. or lethal substances to individuals, formly to all 50 States; 2. State’s rights We expect the cruise industry and the groups or organizations with the likeli- and jurisdictions must be respected; Department to work closely together hood that they will be used in terrorist and 3. applicants, holders, and users of on these issues throughout the rule- activities or whether a government is driver’s licenses must have their pri- making process. providing direct or indirect financial vacy, civil liberties, and other con- Ms. COLLINS. I thank both Senators backing for terrorist activities. stitutional rights protected. for their excellent summary of the Ms. COLLINS. I thank the Senator. Then, a few months ago, when Sen- DHS reporting requirements currently DRIVER’S LICENSE AND PERSONAL ators MCCAIN and LIEBERMAN drafted S. in place. The intent of section 4071 is to IDENTIFICATION CARD PROVISIONS 2774, their comprehensive bill to imple- encourage DHS to establish a simple Ms. COLLINS. Mr. President, I yield ment the 9/11 Commission Report, I and timely method of collecting infor- to the Senator from Illinois to speak worked with them to add a provision mation. I want to make clear that the on one of the provisions in the con- that would provide Federal standards intent of this provision is to ensure ac- ference report. for driver’s licenses. This addressed one curate passenger vessel information is Mr. DURBIN. Mr. President, I want of the recommendations that the 9/11 collected and shared with the appro- to discuss section 7212 of the con- Commission made: priate authorities in an efficient man- ference report accompanying the intel- [T]he federal government should set stand- ner, so it may be compared against one ligence reform bill that deals with min- ards for the issuance of birth certificates and consolidated database to be developed imum standards for driver’s licenses sources of identification, such as drivers li- by DHS. The provision is not an en- and personal identification cards. censes. Fraud in identification documents is tirely new requirement. It is based, in I am joined on the floor by Senators no longer just a problem of theft. At many entry points to vulnerable facilities, includ- part, on current practices, but is de- COLLINS, LIEBERMAN, SUNUNU, and LAU- signed to utilize one consolidated and ing gates for boarding aircraft, sources of TENBERG, who are all my colleagues on identification are the last opportunity to en- comprehensive terrorist database that the Governmental Affairs Committee, sure that people are who they say they are can be used to screen crew and pas- and who have been leaders in this ef- and to check whether they are terrorists. senger data more effectively in all fort. I hope they will join in a colloquy This provision was adopted unani- transportation modes, while keeping to help explain what we collectively in- mously by the Senate as an amend- delays to a minimum. tended as we drafted this provision. ment to the Collins-Lieberman intel- Mr. NELSON of Florida. I thank In the days immediately following ligence reform bill, and is also in the Chairwoman COLLINS and Ranking September 11, 2001, we read in the conference report before us today. I am Member LIEBERMAN for their comments newspapers that the hijackers had in glad to see that the provision in the and support on this important issue. their possessions multiple driver’s li- conference report before us today lives Our efforts here today are focused on censes and State identification cards. up to the three principles I outlined encouraging the Department of Home- The press reported that some of the above. land Security to further increase pas- nineteen hijackers had obtained these First, the provision would prohibit senger vessel security. I urge the De- documents from DMV offices in States Federal agencies from accepting, for partment to work closely with the that, at that time, had lenient rules on any official purpose, a driver’s license cruise line industry in crafting this issuing such documents. They also ob- or identification card newly issued by a rule to prevent any unnecessary depar- tained other official-looking identifica- State more than 2 years after the regu- ture delays from occurring. tion documents from the Internet. lations on minimum Federal standards TERRORIST SANCTUARIES DEFINITION In the last Congress, the Govern- are promulgated, unless the document Ms. COLLINS. Mr. President, section mental Affairs Committee held a hear- conforms to such standards. The lan- 7102 of the conference report provides ing that revealed that the 9/11 terror- guage also requires the Transportation that the term ‘‘repeated provided sup- ists took advantage of loopholes in Secretary to set a date after which no port for acts of international ter- some State DMVs’ issuance processes license may be accepted unless it con- rorism,’’ as used in the Export Admin- that have been apparent for years to forms to the new standards. istration Act, shall include, but not be anyone willing to obtain fake IDs. This should encourage all 50 States limited to, ‘‘the recurring use of any Following the hearing, I asked the to work together and adopt the min- part of the territory of the country as GAO to study how easy it would be for imum Federal standards at the same

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.000 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25804 CONGRESSIONAL RECORD—SENATE December 8, 2004 time so that no State will remain the That is also why I believe it is impor- 9/11 Commission, that we need to ad- weakest link in our national efforts to tant to emphasize that the conference dress every vulnerability to prevent protect our homeland. We want to report includes language ensuring that any future attacks, and that we need to make sure terrorists and criminals do any recommendation made by the ne- enlist the assistance of everyone who not forum shop for the easiest State gotiated rulemaking committee in- can contribute to protecting our home- from which to obtain fraudulent ID clude an assessment of the benefits and land. So in this provision, we are really cards. costs of the recommendation. The re- asking for experts and interested par- Second, the language of the Senate port also states that the Secretary of ties who can bring some productive bill as adopted in the conference report Transportation shall award grants to ideas to the table to join us in devel- requires a negotiated rulemaking proc- States to help them conform to the oping these minimum Federal stand- ess under the Administrative Proce- minimum standards and that each ards. Interested parties must also in- dure Act. This requires the formation State shall receive a minimum alloca- clude groups or organizations pre- of a negotiated rulemaking committee tion of grant monies to help offset the senting the interests of applicants for that would include representatives of costs of implementing the new Federal and holders of driver’s licenses and per- States, among other stakeholders. The standards. sonal identification cards, such as con- committee is empowered to make a Mr. SUNUNU. Will the Senator yield sumer organizations and organizations recommendation for the minimum for a question? representing immigrants. It is impor- standards to be promulgated by the De- Ms. COLLINS. I am happy to yield. tant that the interests of these groups partment of Transportation. The Mr. SUNUNU. I believe the National be considered. mininum standards would address Governors Association and the Amer- Mr. LAUTENBERG. I thank the among other issues 1. documentation ican Association of Motor Vehicle Ad- ranking member and also the chair of required as proof of identity of the ap- ministrators both endorsed the Senate the Governmental Affairs Committee. I plicant; 2. verifiability of documents version of this language over the House am pleased that they agree that it is used to apply for a license; 3. proc- version because, among other things, important that representatives of in- essing of the applications to prevent the Senate version provided the flexi- terested parties have a seat at the fraud; and 4. security features to be in- bility and partnership between the table, and I would emphasize that the cluded in the card. Federal and State governments. Is this negotiated rulemaking committee On this point, I would like to com- an accurate portrayal of their position? should also include organizations with mend the chair of the Governmental Ms. COLLINS. The Senator from New technological and operational expertise Affairs Committee for her tireless ef- Hampshire is correct, and I would also in document security, in addition to forts on behalf of the States’ interests. point out that the White House has organizations that represent the inter- Senator COLLINS has worked to ensure also weighed in on that issue. In its ests of applicants. that this bill recognizes the limited statement of administration policy, Mr. SUNUNU. I would also like to role of the Federal Government in this dated October 7, 2004, the White House ask a follow-up question to the Senator area—issuing driver’s licenses are a emphasized the need for ‘‘consultation from Connecticut. Although the con- unique State function and that we with the states . . . to address impor- ference report does not specify any par- should not impose reform measures on tant concerns about flexibility, pri- ticular group or organization to be in- States without their valuable input. vacy, and unfunded mandates.’’ This cluded on the rulemaking committee, Third, the rulemaking process in- conference report maintains those im- it is certainly expected that privacy cludes safeguards to protect the pri- portant aspects of the approach in the and civil liberties groups, along with vacy and due process rights of appli- Senate bill. organizations like the National Con- cants. Ms. COLLINS. If the Senator from Il- Mr. SUNUNU. I thank the Senator. ference of State Legislatures, the Na- Mr. LAUTENBERG. I also have a linois would yield, I would like to tional Governors Association, and the speak on that issue. question for the Senator from Maine, American Association of Motor Vehicle Mr. DURBIN. I am happy to yield to or for any other Senator who helped Administrators would play an impor- the distinguished manager on the floor. draft this important provision in the tant role in the rulemaking process. I Ms. COLLINS. I want to take this op- bill. Would the Senator yield for a would ask my colleague from Con- portunity to thank Senator DURBIN for question about who else would be in- necticut if I understand this provision his leadership on this issue. He and I volved in the negotiated rulemaking? correctly? serve together on the Governmental Ms. COLLINS. I see the distinguished Mr. LIEBERMAN. I thank the Sen- Affairs Committee and we have worked Senator from Connecticut is on the ator from New Hampshire for his in- hand-in-hand on identity theft issues. floor and I wonder if the ranking Dem- quiry. The Senator makes an impor- I wholeheartedly agree with what the ocrat on the Governmental Affairs tant point in noting that the language Senator has said, and I want to empha- Committee, who is the expert on this of the conference report does not speci- size again how important it is for the issue, would be willing to engage in fy any particular group or organization appropriate stakeholders to have a seat this dialog. to be included. However, I think a col- at the table in developing a rec- Mr. LAUTENBERG. I will address laborative rulemaking process would ommendation for minimum standards this question to the Senator from Con- be difficult to imagine without input that the Department of Transportation necticut. In reading section from interested groups and organiza- will promulgate. I know that State of- 7212(b)(4)(B), I see that the negotiated tions. And I believe the distinguished, ficials and their representatives from rulemaking committee to be estab- chair of the committee would agree the National Governors Association lished by the Secretary of Transpor- that this is the intention behind our and the National Conference of State tation has to also include ‘‘interested language. Legislatures have raised serious con- parties.’’ What does the author of this Ms. COLLINS. I absolutely agree cerns about Congress imposing un- provision understand to be the intent with the Senator from Connecticut funded mandates on the States and pre- of this category? that the negotiated rulemaking process empting State laws on eligibility re- Mr. LIEBERMAN. I want to thank has to include groups that represent quirements. That is why I support the the distinguished manager for yielding the interest of many interested parties, innovative approach we came up with to me, and the Senator from New Jer- including the States, and applicants in the Senate bill and the conference sey for the excellent question. The gen- for, and holders of, driver’s licenses. It report that would allow representa- eral legal criteria for selecting such is also important to note the Depart- tives of State officials to have a real parties for inclusion in a negotiated ment of Homeland Security and other voice in the development of a rec- rulemaking is described in the Nego- Federal entities will represent the se- ommendation for these Federal stand- tiated Rulemaking Act. We have been curity interests of the Federal Govern- ards. told by many experts, including the ment in the process.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25805 This collaborative process among all States around the country are al- ligence Community into a 21st century parties is essential to ensure that the ready struggling with the issue of enterprise. final rule strikes the right balance of whether to provide licenses to undocu- The intelligence community needs to all the competing interests. One of the mented aliens, and they should con- operate as a network in order to interests that should not be lost in this tinue to work on the issue through counter 21st century terrorist networks debate is the need for protecting pri- their own legislative processes. Con- and other agile foes. Despite many im- vacy and civil and due process rights of gress should not preempt the rights of pressive accomplishments since the 9/11 all applicants for, and holders of, driv- all 50 States through the backdoor. attacks, the intelligence community is er’s licenses and personal identifica- The issue of how our country treats unable to transform itself into a net- tion cards. 1 believe it is crucial that those who are here without proper doc- work due to its anachronistic structure the American people be assured that umentation is a complex one that in- and is still oriented toward fighting these new Federal standards will not volves myriad of overlapping immigra- the bureaucratic nation-state enemies encroach on their fundamental rights tion, foreign policy, and economic of the Cold War. and that their personal information laws. We should not open that debate In response to the 9/11 Commission’s will be handled properly, respectfully, here unless we are ready and willing to findings, this legislation restructures and securely. address all the comprehensive pro- the intelligence community by cre- That is why we included language in posals that ought to be included in ating a strong Director of National In- the conference report that specifically such a debate. telligence, DNI, who can lead, shape, requires the agency rulemaking to in- I certainly hope the President will and transform the 15 organizations of clude procedural safeguards for the pri- engage in this debate, and soon. But the intelligence community into a co- vacy rights of applicants and holders of obviously, we cannot accomplish such hesive network. It creates a DNI who driver’s licenses and identification an enormous task of overhauling our has the authority needed to set the cards. immigration laws through the 9/11 course for the intelligence community Mr. LIEBERMAN. The Senator from Commission bill, and the 9/11 Commis- and ensure that the course is followed. Maine has raised a very important part sion did not ask us to do that. We It is fitting that this legislation of our language that is worth empha- should not use this bill to require the should be completed during the week of sizing. Moreover, in making our coun- States to turn their DMV employees December 7, the day on which the try safer by tightening standards for into immigration agents, and this con- United States was attacked at Pearl identification documents, we must ference report will not do so. Harbor in 1941. The National Security never trample on any individual’s civil Mr. LIEBERMAN. I thank the Sen- Act of 1947 was adopted in order to pre- and due process rights. ator from Illinois for pointing out this vent another Pearl Harbor attack in One of the standards we require for language in the conference report. I the Cold War. This legislation seeks to the rulemaking is for a State to con- know that this is a complicated and enable the intelligence community to fiscate a driver’s license or identifica- emotional issue and one which the prevent another 9/11 attack from ter- tion card if any component or security States are already dealing with on a rorists and other adversaries in the feature of the license or identification State-by-State basis. I agree that the 21st century. card is compromised. It is important conference report language does not Under this legislation, the DNI has that this standard, as well as all of the allow the minimum standards to di- two primary responsibilities. standards, include procedures and re- rectly or indirectly infringe on States’ First, the DNI is the head of the in- quirements to protect the civil and due power to set eligibility criteria for who telligence community. In this capac- process rights of all individuals who can obtain a driver’s license or per- ity, the DNI will unify and optimize apply for and hold driver’s licenses and sonal identification card. the resources of the intelligence com- personal identification cards. Ms. COLLINS. I thank the Senators munity to serve the President, the Na- Mr. DURBIN. I ask the Senator from from New Hampshire, New Jersey, Illi- tional Security Council, and other in- Connecticut a related question on how nois, and the distinguished ranking telligence consumers. The direct locus this provision of the conference report member for their comments, their val- of the DNI’s authority is the National deals with the issue of immigration uable contributions to this bill, and for Intelligence Program, which is the new laws. participating in this colloquy. name for the National Foreign Intel- It is my understanding that the lan- DNI, NCTC ligence Program. The renaming of the guage of the conference report makes Ms. COLLINS. Mr. President, the leg- program signifies that the national se- it clear that the Federal regulations to islation that is before the Senate rem- curity threats of the 21st century be developed by the Department of edies the problem identified by the 9/11 straddle the foreign/domestic divide Transportation cannot directly or indi- Commission that there is no one in and that our Intelligence Community rectly infringe on a State’s power to charge of the U.S intelligence commu- must have capabilities that cross this set eligibility criteria for who can nity. The Commission found that the seam. qualify to obtain a driver’s license or Director of Central Intelligence, DCI, Second, the DNI is the principal in- identification card. So if a State has has too many jobs—namely leader of telligence adviser to the President. Ac- unique reasons for allowing or prohib- the intelligence community, principal cordingly, the DNI, not the CIA Direc- iting certain groups of people to hold intelligence adviser to the President, tor, will be responsible for briefing the licenses based on their age, physical and director of the Central Intelligence President, including the President’s disability, in-State residency, or legal Agency, CIA—to do any of them effec- daily brief. As the President’s principal status in the United States, then, tively. In addition, the Commission intelligence adviser, the DNI will rely under the conference report language, found that the DCI lacks sufficient au- on the National Counterterrorism Cen- those would continue to be the State’s thority to manage the Intelligence ter and the National Counter Prolifera- decisions. Community, including authority over tion Center; additional National Intel- This issue was handled differently by funding, personnel, security, and tech- ligence Centers established by the DNI, the other Chamber. The House bill had nology. which will have primary responsibility language that would have taken away The intelligence community is domi- for analysis of particular topics or the States’ rights to determine eligi- nated by its component agencies and is matters; the National Intelligence bility by imposing a new harsh legal organized into ‘‘stovepipes’’ that do Council; and all of the analysts who re- presence requirement for the issuance not share information adequately side within the various agencies of the of driver’s licenses. This is the provi- among themselves and with the rest of Intelligence Community. sion that, I believe, created a lot of government effectively. The DCI lacks Mr. President, will the Senator from misunderstanding in the press about the authority to break-down these Connecticut explain the National Intel- what the conference report does. stovepipes and transform the Intel- ligence Centers and their purpose?

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25806 CONGRESSIONAL RECORD—SENATE December 8, 2004 Mr. LIEBERMAN. I thank the Sen- telligence center to improve the collec- clusive direction.’’ The DNI’s ‘‘exclu- ator and agree with her statements. tion and analysis of open source mate- sive direction’’ is intended to extend to The National Intelligence Centers are a rials. This entity is different from the apportionment plans as well, which de- critical element in the transformation national intelligence centers, which lineate how appropriated funds will of the intelligence community into a are organized on geographic or flow from the U.S. Treasury to the 21st century enterprise. The 9/11 Com- transnational topics rather than func- agencies and entities of the intel- mission stressed the role of the centers tional topics like human or signals in- ligence community. The DNI is further in the restructured intelligence com- telligence. This center would be like responsible for managing the National munity. The Commission’s rec- the agencies and entities in the intel- Intelligence Program appropriation by ommendation stems from the pre-9/11 ligence community—like the CIA or ‘‘directing the allotment or allocation’’ and current situation in which no one the National Security Agency—that of such appropriation through the below the DCI is responsible for how are organized to exploit particular col- heads of departments containing ele- the CIA, the National Security Agency, lection disciplines. ments of the intelligence community. and other intelligence agencies inte- Ms. COLLINS. I thank the Senator Department comptrollers must then grate their capabilities against specific and concur with his description of the allot, allocate, reprogram, or transfer intelligence targets. centers. those funds ‘‘in an expeditious man- The centers will provide unified di- This bill provides the DNI with sig- ner.’’ rection across the intelligence commu- nificant new authorities regarding such In order to ensure that the National nity to fulfill missions. They are analo- areas as determining the National In- Intelligence Program budget is exe- gous to the Defense Department’s com- telligence Program budget and exe- cuted in accordance with the DNI’s di- batant commanders, who unify the cuting its appropriation, transferring rection, the DNI will ‘‘monitor the im- military services’ capabilities to per- funds and personnel, and reprogram- plementation and execution’’ of the ap- form missions and fight wars. The pur- ming funds. I would like to summarize propriation, including by audits and pose of the National Intelligence Cen- some of these critical authorities. evaluations. A department, agency, or ters can be summed up in one word: Under this bill, the DNI will have entity has no authority to refuse or ob- ‘‘jointness.’’ Just as, in the military, sole authority to ‘‘develop and deter- struct DNI-mandated audits. If depart- the Goldwater-Nichols Department of mine’’ an annual budget for the Na- ment comptrollers act in a manner in- Defense Reorganization Act of 1986 tional Intelligence Program based on consistent with the DNI’s directions, sought to integrate the military serv- the budget proposals provided by the then the DNI shall report such action ices’ capabilities by strengthening the heads of the agencies and organizations to the President and to Congress with- combatant commanders, so this legis- of the intelligence community as well in 15 days. I expect that the DNI will lation fosters greater jointness among as these agencies’ and organizations’ need to create a chief financial officer the intelligence agencies. respective department heads. The word with comptroller-like responsibilities The centers are to be created within ‘‘determine’’ in the legislation means to implement these authorities. the Office of the DNI, which also will that the DNI is the decisionmaker re- Some observers have raised concerns house the National Counterterrorism garding the budget and does not share regarding whether departmental comp- Center, the National Counter Prolifera- this authority with any department trollers are able to ‘tax’ the National tion Center, the National Intelligence head. The DNI is to produce a consoli- Intelligence Program appropriation Council, and other entities whose pur- dated annual budget for the National channeled through their departments pose is to integrate and unify the ef- Intelligence Program, which ensures in order to pay for fact-of-life costs forts of the various intelligence agen- the integration of the agencies and en- such as increased fuel costs. The legis- cies to accomplish intelligence mis- tities within the intelligence commu- lation precludes any reprogramming or sions. Among their responsibilities, the nity. transfer of funds from the National In- centers will provide all-source analysis The heads of such agencies and orga- telligence Program without the DNI’s of intelligence, identify and propose to nizations within the intelligence com- consent. In addition, apportionment the DNI intelligence collection and munity must provide directly to the plans—in which any ‘taxes’ would have analysis requirements, and have pri- DNI such other information as the DNI to be reflected—are to be prepared at mary responsibility for net assess- requests for the purpose of determining the DNI’s exclusive direction. Accord- ments and warnings. With their ability the budget. Thus, the DNI will have di- ingly, under this legislation, comptrol- to harness the capabilities of entities rect access to information from such lers are not authorized to exact such across the Intelligence Community and agencies as the National Security ‘taxes’ unilaterally. Congressionally create a unified effort, the centers will Agency in the budget-build process and mandated cuts will also be imple- improve the intelligence community’s so be able to understand the needs of mented through the apportionment ability to respond with speed and agil- each component of the Intelligence process, which will occur at the exclu- ity. Community when determining the an- sive direction of the DNI. Each center will be led by a director nual consolidated national intelligence We have worked closely with White who will be appointed by the DNI and budget. The department heads may not House, OMB, and the National Security serve as the DNI’s principal adviser in interpose themselves between the DNI Council staff in developing this budget that center’s area of responsibility. and the heads of agencies and organiza- language, and all agree that this lan- The center’s director reports to the tions within the intelligence commu- guage will provide the new DNI with DNI. Each center will have a profes- nity. the full budget authority needed to sional staff, including personnel trans- Whereas the DCI today effectively manage the national intelligence budg- ferred, assigned, or detailed from ele- only has a role in the execution of the et and appropriation effectively. ments of the intelligence community CIA budget, the DNI will ‘‘ensure the The new DNI will also have signifi- as directed by the DNI. The centers effective execution’’ of the entire Na- cantly expanded authorities to transfer will be administratively distinct from tional Intelligence Program appropria- personnel and funds. After OMB’s ap- the intelligence agencies, just as the tion across the intelligence commu- proval and congressional notification, combatant commands are administra- nity. The Director of the Office of Man- the DNI may transfer personnel from tively distinct from the Military Serv- agement and Budget, OMB, for in- one element of the intelligence com- ices. This prevents a center from being stance, must apportion National Intel- munity to another for not more than 2 subsumed within and dominated by a ligence Program funds—whether for years as long as the transfer is for a particular agency. the CIA, Federal Bureau of Investiga- higher priority intelligence activity I should add one point of clarifica- tion, FBI, National Security Agency, and supports an emergent need, im- tion. The legislation calls on the DNI or any other element of the intel- proves program effectiveness, or in- to explore creating an open source in- ligence community—at the DNI’s ‘‘ex- creases efficiency. Most significantly,

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25807 while personnel transfers must be made elaborate on the CIA’s role under this document, paper, or other record of the in accordance with procedures devel- legislation. With respect to the CIA, United States shall be deemed a ref- oped by the DNI and department heads, the 9/11 Commission stressed that the erence to the CIA Director. After pas- those department heads will no longer DNI should no longer be responsible for sage of this legislation, the provision have the right to object to such trans- managing the day-to-day activities of in current law that states that the DCI fers—as they do under current law. Fi- the CIA. The legislation has been very is paid at Executive Schedule Level II nally, the DNI is also provided addi- carefully crafted to ensure that the Di- will therefore refer to the CIA Direc- tional authorities to transfer a limited rector of the CIA is subordinate to and tor. number of personnel upon the estab- reports to the new DNI only, and not Ms. COLLINS. I thank the Senator lishment of the Office of the DNI and directly to the President, but that the and agree with his statements. I pre- each time a new National Intelligence DNI does not manage the CIA’s daily viously discussed the purpose of the Of- Center is created. activities. This situation is similar to fice of the DNI, which is to house enti- As I mentioned, National Intelligence how a CEO runs a company composed ties such as the centers which inte- Program funds may not be transferred of various business divisions. The CEO grate and unify the efforts of the var- or reprogrammed without the DNI’s ap- is the undisputed head but focuses on ious intelligence agencies to accom- proval except in accordance with pro- high-level issues of strategy, policy, plish intelligence missions. The legisla- cedures prescribed by the DNI. All personnel, and budgets rather than get- tion authorizes the DNI to create new transfers and reprogrammings must be ting involved in the daily workings of entities within the Office of the DNI to for a higher priority intelligence activ- any single business division. Likewise, respond to new challenges, such as new ity; must support an emergent need, the DNI should not manage the CIA centers and ad hoc groups. improve program effectiveness, or in- and other intelligence agencies. No The legislation also authorizes the crease efficiency; and may not involve CEO would run a company that way, DNI to coordinate the performance by funds from the CIA Reserve for Contin- nor should the DNI manage the Intel- elements of the intelligence commu- gencies or a DNI Reserve for Contin- ligence Community that way. nity of services of common concern gencies. Most importantly, the DNI To emphasize that the DNI is no that can be more efficiently accom- will not require concurrence for such longer the head of the CIA, the legisla- plished in a consolidated manner. For transfers or reprogrammings from af- tion stipulates that the Office of the example, there may be information fected department heads as long as DNI—which houses the centers and technology services, security services, they are less than $150 million and 5 other entities designed to unify and in- and personnel services that are being percent of a department’s National In- tegrate agencies’ capabilities—cannot performed in duplicative or competi- telligence Program funds and do not be co-located with any other element tive manner by various entities across terminate an acquisition program. of the intelligence community after the intelligence community and that Thus, the DNI will have unilateral au- October 1, 2008. This provision ensures the DNI believes would be more effi- thority to transfer or reprogram a sig- that the DNI is not put in the inher- ciently performed—such as by exploit- nificant National Intelligence Program ently conflicted position of being both ing economies of scale, or preventing funds, subject to OMB approval and the CEO of the intelligence community discrepancies between agencies—when congressional notification. Permit me and closely aligned with one of the sub- done in consolidated manner. The DNI to take a moment to mention the DNI sidiary elements simultaneously. may select one entity within the intel- Reserve for Contingencies. I believe The Senator from Maine previously ligence community to perform those that creation of this reserve is impor- stated that the DNI, not the CIA Direc- services for the community. The DNI tant to permit the DNI to meet special tor, is the President’s principal intel- may also create a new entity within circumstances that arise. The DNI is also responsible for over- ligence advisor and is responsible for the Office of the DNI to perform such seeing the coordination of the intel- briefing the President or preparing the services. I expect that the DNI will ex- ligence community’s liaison with for- President’s daily brief. The CIA Direc- ercise this authority in order to eign intelligence and security services tor is subordinate to and reports to the streamline the intelligence commu- to avoid having each agency of the in- DNI only, and not directly to the Presi- nity, reduce discrepancies across agen- telligence community pursue an indi- dent, both regarding intelligence ac- cies, and save resources that can be de- vidualistic approach. The DNI will cre- tivities and covert action. The CIA Di- voted to producing better intelligence. ate common policies and strategy rector should concentrate on ensuring I want to highlight two other DNI au- among the various entities in the intel- that the Central Intelligence Agency thorities. Current law precludes the ligence community to ensure max- transforms its human intelligence and DCI from directing, managing, or un- imum returns from foreign liaison rela- special activities capabilities to meet dertaking electronic surveillance or tionships. In implementing the DNI’s the difficult challenges of the 21st cen- physical searches under the Foreign In- strategy, the CIA will coordinate for- tury. The CIA Director should also en- telligence Surveillance Act, FISA un- eign liaison ‘‘on the ground’’ in foreign sure that the Central Intelligence less otherwise authorized by statute or countries. Agency trains analysts of the highest executive order. This legislation also The DNI should be in the chain of caliber for deployment to the centers precludes the DNI from directing or un- command involving the conduct of cov- and that whatever analysis is con- dertaking such operations. As the leg- ert action and will be responsible and ducted by the CIA in-house—which islation makes clear, the role of the accountable to the President for such would primarily be on topics for which Department of Justice and the Attor- conduct by the intelligence commu- there is no center—is done with the ney General under FISA are unaffected nity, including their funding. The DNI greatest independence, clearest objec- by this legislation. However, this legis- would be undercut if the President tivity, and best tradecraft. lation does delete a restriction that interacted directly with the CIA Direc- I would like to discuss for a moment now precludes the DNI from managing tor—who is the DNI’s subordinate—or the CIA Director’s salary. Under cur- FISA collection. This change should any other element of the Intelligence rent law, the DCI is paid at Executive better ensure that national intel- Community directly regarding covert Schedule Level II pursuant to section ligence collected under FISA is used ef- action. Instead, this legislation envi- 5313 of title 5, United States Code. The ficiently and effectively for national sions that the President will give or- legislation places the DNI at Executive purposes. ders regarding covert action directly to Schedule Level I but does not delete Current law also makes the CIA the the DNI, who will then task the CIA the reference to the DCI at Executive manager of all human intelligence op- and other agencies of the Intelligence Level II. Section 1081(b) of the legisla- erations. The legislation changes that community as appropriate. tion makes clear that any reference to formulation, authorizing the CIA to Mr. LIEBERMAN. I agree with the the DCI in the DCI’s capacity as the manage human intelligence operations Senator’s statements. I would like to head of the CIA in any law, regulation, abroad. The intent of the legislation is

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25808 CONGRESSIONAL RECORD—SENATE December 8, 2004 not to have human intelligence oper- . . . technical resources are allocated responsible if intelligence from na- ations split among the CIA, the FBI, and used’’ as a problem. 9/11 Commis- tional assets is inadequate. The DNI in- and elements of other agencies with no sion Report, p. 409. In a hearing before evitably will prioritize the warfighter’s one in charge. Instead, it is the DNI the Senate Armed Services Committee need for intelligence, subject to the di- who is in charge. Of course, the DNI on August 17, 2004, Secretary of Defense rection of the President as to overall should not be spending his or her day Donald Rumsfeld spoke of the need to intelligence priorities. managing human intelligence oper- rebuild the intelligence community Mr. LIEBERMAN. I thank and agree ations. Instead, the DNI should dele- ‘‘along 21st century lines.’’ According with the Senator. This reform legisla- gate his or her authority to an official to Secretary Rumsfeld, this reorganiza- tion will benefit our troops in the field, within the intelligence community, tion includes ‘‘a national intelligence as well as better protect our citizens at when appropriate. director with authority for tasking col- home. Indeed, the issue of delegation is crit- lection assets across the government.’’ The 9/11 Commission found that the ical. This legislation centralizes au- This legislation includes a provision U.S. intelligence agencies are still or- thority in the DNI in order to clarify that the Senator from Connecticut and ganized to counter yesterday’s chal- responsibility, authority, and account- I drafted requiring that the President lenges, not today’s threats. During the ability for the intelligence community. issue guidelines to ensure the effective Cold War, the enemy was well-known, However, the intent of this legislation implementation and execution within and our intelligence was appropriately is not that the DNI should retain all the Executive branch of the authorities focused on determining its capabilities. authority himself or herself. Like any granted to the DNI under this legisla- We could tolerate then a stove-piped good CEO, the DNI should delegate and tion, in a manner that respects and intelligence system where the FBI’s in- decentralize. This legislation central- does not abrogate the statutory re- telligence efforts were separate and izes authority so that the DNI can sponsibilities of department heads. The disconnected from overseas and mili- build a network—with information, re- interaction among the DNI, depart- tary intelligence because our enemies sources, and personnel flowing freely ment heads, and heads of agencies and were not attacking us from within our across the agencies of the intelligence entities within the intelligence com- borders. We could tolerate then a sepa- community—that operates in a decen- munity is critical and must be as rate overseas intelligence system run tralized, fast, and flexible manner. For smooth and efficient as possible. These by the CIA because there was no clear example, the DNI should delegate au- guidelines will be important for ensur- reason to integrate foreign military thority to the heads of the National In- ing such seamless interaction. and domestic intelligence. We could telligence Centers so that they can uti- This provision does not authorize the tolerate then a separate military intel- lize capabilities throughout the intel- President or department heads to over- ligence system because we faced a mili- tary force comparable to our own, ligence community to accomplish in- ride the DNI’s authority as contained using conventional tactics against us, telligence missions. in this legislation. This legislation has Included in this legislation is very carefully crafted authorities for the different from the threats we faced at strong tasking authority for the DNI. DNI—including budget, transfer, task- home. In the war on terror, all that has Under current law, the DCI has author- ing, et cetera—that give the DNI suffi- changed. The threat has become asym- ity to task assets across the intel- cient authority to manage the Intel- metrical, meaning a weaker enemy at- ligence community to collect informa- ligence Community. This provision is tacks a stronger force at its points of tion. Pursuant to the National Secu- not intended and should not in practice vulnerability. That’s how al-Qaeda op- rity Act of 1947 as amended, the DCI trump or undermine in any way the erates, working in the shadows, attack- controls the tasking of national intel- DNI’s authorities contained in the leg- ing us on all fronts: domestic, overseas, ligence assets. Section 403–3 of Title 50, islation. civilian and military. United States Code, states explicitly In addition, the legislation amends The cold fact is that the killing zone that the DCI ‘‘determine[s] collection the Secretary of Defense’s authority to has expanded. This requires a much priorities, and resolve[s] conflicts in implement the DNI’s decisions regard- more integrated and more agile intel- collection priorities levied on national ing the National Intelligence Program, ligence apparatus. It requires someone collection assets.’’ The President’s lat- contained in section 105(a) of the Na- in charge with the authority to force est Executive Order 13355 on the issue tional Security Act of 1947 as amended, disparate agencies to share informa- is even stronger: It gives the DCI au- to ensure that the Secretary of Defense tion, to determine overall priorities, thority to ‘‘manage collection does not interact with the Intelligence and to make sure we maximize the re- tasking.’’ This language is interpreted Community in a way that is incon- turn on our enormous investment in in practice that the DCI decides wheth- sistent with the DNI’s authorities. This intelligence so that we will be success- er a satellite is to be positioned over provision is another example of ful at thwarting an enemy determined North Korea or Iraq. Of course, the DCI Congress’s intent to create a strong to kill civilians as well as military consults closely with the Secretary of DNI with sufficient authority to man- combatants. Defense—but the DCI is the final deci- age and be accountable for the Intel- A modernized intelligence commu- sion-maker. And there is no evidence ligence Community, including those nity will help us better protect both that the military has been dissatisfied elements within the Department of De- our citizens and our soldiers. Reforms in recent conflicts with the supply of fense. that help achieve greater ‘‘unity of ef- intelligence from national collection Some observers have raised concerns fort,’’ as the 9/11 Commission put it, assets. that this legislation will impede the will clearly benefit our troops in the The legislation’s provision regarding flow of intelligence to the warfighter. I field because information critical to tasking authority merely sharpens cur- believe that nothing is further from their safety and success could just as rent law by making the DNI’s author- the truth. The warfighter will benefit easily come from the CIA or the FBI as ity to task collection and analysis ex- from far-reaching intelligence reorga- from the Pentagon’s own intelligence plicit. In this way, the bill essentially nization that creates a DNI with sig- systems. Similarly, the vital clues to codifies current practice. nificant authorities. The DNI will have stop the next attack on our own soil The DNI’s tasking authority will be the power to force the various Defense could come from the National Security critical to the DNI’s success. The 9/11 and non-Defense intelligence entities Agency or the other national intel- Commission envisioned a strong, em- to work together seamlessly, creating ligence agencies within the Depart- powered DNI, with more—not less—au- a more accurate intelligence product ment of Defense. Fully connecting all thority to control the collection and that can be shared more quickly than these pieces is now critical to our total analysis of intelligence information. today. The DNI would also be a single security effort. The Commission cites specifically the point of contact for the military—and But as the 9/11 Commission showed in DCI’s limited ability ‘‘to influence how the military would know whom to hold its powerful report, we will not succeed

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25809 if there is no one in charge who is able Directorate of Intelligence will in es- The Commission has analogized this to forge unity among all of our intel- sence be the national intelligence cen- directorate to the J–3 Directorate of ligence agencies. A fundamental lesson ter for counterterrorism, but the NCTC Operations of the Joint Staff, which of bureaucracy is that there will be no will be more than just a strengthened works for the Chairman of the Joint coordination at the working levels if TTIC. The NCTC will transcend the Chiefs of Staff. J–3 does planning for there is no unified authority at the TTIC because the NCTC will clearly be operations conducted by the combatant top. And there will be no real unified preeminent in the intelligence commu- commands. However, because the authority in the intelligence commu- nity for counterterrorist analysis, will Chairman is not in the Defense chain of nity unless a Director of National In- propose collection requirements to the command, J–3 has no operational au- telligence has significant authority DNI and otherwise integrate the intel- thority to enforce its plans on the com- over budgets and people. Our troops ligence community’s capabilities, and batant commands. The Chairman’s battling in Iraqi streets must have, in will attract the best professionals from stature gives J–3’s plans a certain real time, not simply traditional mili- across the intelligence community. amount of persuasive authority, but J– tary intelligence on the force levels The tasks of this directorate are simi- 3 has no direct authority over the com- they face, but CIA-developed intel- lar to those of any national intel- batant commands. As the Commission ligence on the nature and identity of ligence center: integrating the activi- has stated explicitly, and as reflected the al Qaeda and insurgent combatants ties of intelligence agencies such as the in this legislation, the NCTC’s Direc- firing at them. CIA and the National Security Agency; torate of Strategic Operational Plan- Ms. COLLINS. I thank the Senator performing all-source analysis on ning has no operational authority. Ac- from Connecticut and agree with his transnational terrorism; being the re- cordingly, the NCTC would not inter- statements. Mr. President, I wonder if pository for intelligence on trans- fere with the military chain of com- my distinguished colleague from Con- national terrorism; conducting net as- mand. necticut would be kind enough to de- sessment matching terrorist capabili- I would like to discuss in-depth the definition of strategic operational scribe the National Counterterrorism ties and intentions with U.S. vulner- planning. Some observers have advo- Center provision in our bill. abilities and countermeasures; and cated confining the NCTC’s operational Mr. LIEBERMAN. I thank the Sen- warning about potential threats. ator from Maine. The 9/11 Commis- Some observers question whether the planning function to high-level stra- sion’s recommendation for a National NCTC will absorb all the counterterror- tegic issues, such as fashioning an Ex- Counterterrorism Center, NCTC, arises ism analysts from across the intel- ecutive branch-wide strategy for win- from two main findings. First in keep- ligence community. However, those ning Muslim ‘‘hearts and minds’’—leav- ing more tactical planning to the agen- ing with the Commission’s general who question whether the NCTC would cies individually. An Executive branch- finding regarding the intelligence com- drain our precious supply of analysts wide ‘‘hearts and minds’’ strategy munity, the intelligence agencies are actually prove the case for the NCTC— would fall within the NCTC’s purview, not fully integrated in their efforts because there are so few analysts, we but the NCTC must reach below that against terrorism. No one below the need to centralize this precious re- strategic level in order to have the im- DCI has responsibility, accountability, source rather than dissipate them pact envisioned by the Commission and and authority for the counterterrorism across the intelligence community. this legislation. mission. Second, counterterrorism re- And the same reasoning applies to the The legislation defines strategic quires an integrated Executive branch- National Counterproliferation Center operational planning to include ‘‘the wide effort in which departments and and the National Intelligence Centers mission, objectives to be achieved, agencies beyond intelligence must as well. tasks to be performed, interagency co- work together on a tactical level, with The NCTC’s second directorate is for ordination of operational activities, agility, and a rapid pace—like a net- Strategic Operational Planning. This and the assignment of roles and respon- work—but today ‘‘stovepipes’’ still directorate would conduct strategic sibilities.’’ Examples of missions in- dominate the Executive branch. Al- operational planning for the entire Ex- clude destroying a particular terrorist though departments and agencies are ecutive branch—ranging from the com- group or preventing a terrorist group cooperating at unprecedented levels, bat commands, to the State Depart- from forming in a particular area in the Commission concluded that such ment, to the FBI’s Counterterrorism the first place. Objectives to be cooperation is more confederative than Division to the Department of Health achieved include dismantling a ter- truly joint and integrated. To remedy and Human Services to the CIA. rorist group’s infrastructure and logis- these two problems, the Commission Witnesses at the Committee on Gov- tics, collapsing its financial network, proposed that the NCTC be responsible ernmental Affairs hearing on August or swaying its sympathizers to with- for both joint counterterrorism intel- 26, 2004, argued that interagency oper- draw support. Tasks include recruiting ligence and joint counterterrorism ational planning is already taking a particular terrorist, mapping a ter- operational planning. place organically and thus there is no rorist group’s network of sympathizers, The legislation creates the NCTC need for the NCTC. Yet the witnesses or destroying a group’s training camp. along the lines of the Commission’s could only identify planning processes Examples of interagency coordination model. Per the Commission’s rec- within their organizations in which of operational activities include the ommendation, the NCTC director is a representatives from other agencies hand-off from the CIA to the Depart- Deputy Secretary-equivalent and with were involved, not a single truly joint ment of Homeland Security and the a dual line of reporting: (1) to the DNI planning process across the Executive FBI of tracking a terrorist as that ter- regarding the NCTC’s budget and pro- branch. The military had a process— rorist enters the United States, or the grams and concerning intelligence but so did then-DCI George Tenet, who coordination between CIA and special matters, and (2) to the President re- had a daily counterterrorism meeting. operations forces when operating garding Executive branch-wide plan- And the multitude of joint planning against a terrorist sanctuary abroad. ning. This arrangement reflects the na- processes drain personnel, time, and re- With respect to the assignment of ture of the NCTC’s mission, which is sources. Moreover, the lack of a central roles and responsibilities, the NCTC both to integrate intelligence—for coordinating mechanism provides no will not dictate to each department or which the DNI is the ultimate author- safety net for an issue falling through agency which personnel or capabilities ity—and to conduct Executive branch- the cracks when each agency—viewing to utilize, unless the selection of the wide planning—which is beyond the it through a stovepipe—misses the personnel or capabilities directly im- DNI’s jurisdiction. issue’s overall significance. There pact the mission such as a risk calcula- As per the Commission’s proposal, should be only one interagency stra- tion or likely collateral damage. the NCTC will have two directorates to tegic operational planning process, run Perhaps the best example of an issue reflect its dual mission. The NCTC’s by the NCTC, for counterterrorism. for strategic operational planning is

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25810 CONGRESSIONAL RECORD—SENATE December 8, 2004 the hunt for Osama bin Laden. There is Finally, I would like to describe the Commission, in fact, concluded that no policy dispute about the objective; implementation of this legislation. The the biggest impediment to all-source all departments and agencies agree. legislation does not permit the current analysis, and to a great likelihood of But the mission inherently cuts across DCI to become the DNI without going ‘‘connecting the dots,’’ is the resist- the Executive branch: Intelligence through the Presidential nomination ance to information sharing. As the agencies must find bin Laden’s where- and Senate confirmation process for commission documented, in the period abouts, diplomats must pressure coun- the DNI position. This legislation gives preceding September 11, 2001, there tries to cooperate, public diplomacy the DNI different authorities and re- were instances o potentially helpful in- must persuade his sympathizers to sponsibilities than the DCI has today. formation that was available but that turn him in, and special operations As such, the Senate will need to pro- no person knew to ask for; information forces must raid suspected sanctuaries. vide advice and consent to the Presi- that was distributed only in compart- Some of the action is longer-term, such dent’s selection for the DNI. mented channels; and information that as using diplomatic and economic pres- Title I of the intelligence reform leg- was requested but could not be shared. sure to win countries’ cooperation. islation takes effect not later than six Some of the action is very short-term. months after the Act’s enactment. The As a result of its findings, the com- For example, the NCTC would rec- legislation envisions that the President mission urged that a new approach to ommend to the CIA and the Defense will decide upon the effective date for information sharing be developed that Department’s Special Operations Com- title I and may effectuate parts of title would help move from a ‘‘need-to- mand, SOCOM, whether to infiltrate or I at different times within that 6- know’’ culture of information protec- raid a sanctuary; indeed, one can imag- month period. For example, the Presi- tion to a ‘‘need-to-share’’ culture of in- ine a situation in which the CIA rec- dent could decide that all or parts of tegration. Noting that no single agency ommends infiltrating while SOCOM title I become effective upon the con- could develop a meaningful informa- recommends raiding, and now the only firmation of the DNI. Until such time tion sharing system on its own, the independent interagency body that can as the President determines—but in no commission recommended a new, gov- help resolve the issue is the National event later than six months after en- ernment-wide approach, based on the Security Council staff. If SOCOM ob- actment—the DCI will remain head of conceptual model of the Systemwide jected, then the legislation’s provision the intelligence community and the Homeland Analysis and Resource Ex- for the resolution of disputes would DDCI/CM and the various assistant change SHARE Network proposed by a apply. If the CIA and SOCOM accepted DCIs will continue to report to him. task force of leading professionals as- the NCTC’s plan, the NCTC would not The legislation requires that the Presi- sembled by the Markle Foundation. dictate how the department or agency dent submit an implementation report performed the mission, i.e., how the This legislation puts the commis- to Congress not later than 180 days CIA infiltrated the group or SOCOM ex- sion’s information sharing rec- after the act’s effective date, but it is ecuted the raid. ommendations in place, requiring that An analogy for strategic operational desirable that this report be submitted the President establish a new, govern- planning is like lanes in a highway, as soon as possible. ment-wide Information Sharing Envi- Some provisions in title I explicitly each lane symbolizing an agency’s ex- ronment ISE to share information state that they are effective on the pertise (e.g., special operations, espio- among federal, State, local and tribal nage, and law enforcement). The NCTC act’s date of enactment, namely the entities, and, where appropriate, with will not tell each agency how to drive transfer of the TTIC or its successor to the private sector which owns or con- in its lane. But effective counterterror- the NCTC and the transfer of the staff trols much of the nation’s critical in- ism requires choosing which lane— of the DDCI/CM to the Office of the frastructure)—in a manner consistent meaning which type of activity, and DNI as appropriate. The NCTC has al- with national security and with the thus which agency, to utilize in a par- ready been created by Executive order, protection of privacy and civil lib- ticular situation. The NCTC would se- absorbing the TTIC. With respect to erties. the staff of the DDCI/CM, that staff lect the lane but would have no author- Ms. COLLINS. I agree whole- does not cease to exist upon the act’s ity to order an agency to drive. heartedly with my colleague about the enactment but rather becomes avail- Returning to the discussion of the importance of these information shar- able for transfer to the Office of the DNI’s authorities, I note that the new ing provisions. I also want to empha- DNI after the Office of the DNI is es- DNI will take on a number of addi- size that the ISE is not some mam- tional duties and responsibilities be- tablished. This legislation requires the DNI to moth new database. Indeed, it is not yond what the DCI has today. I would just technology, but rather represents ask my friend from Maine, how will the take various actions within 180 days of the act’s enactment, including submit- a combination of technologies and poli- new DNI manage the new community cies designed to facilitate the appro- functions that he or she will need to di- ting a report to Congress concerning operational coordination between the priate sharing of terrorism informa- rect as head of the intelligence commu- tion. nity? CIA and the Defense Department, as- Ms. COLLINS. I thank my colleague signing an individual or entity to be re- Section 1016 includes a list of at- and agree with his statements. The sponsible for analytic integrity, and tributes the ISE is required to have. new DNI will not need to create a staff identifying an individual to serve as an These include such things as facili- from scratch to manage the intel- ombudsman. The DNI also shall pre- tating the sharing of information ligence community. Today, the DCI re- scribe regulations and other directives among those who have differing levels lies on the Deputy Director of Central not later than one year after the act’s of access or clearance or different ca- Intelligence for Community Manage- enactment. Thus we hope that the pacities to make use of the informa- ment, DDCI/CM, and that official’s President will move speedily to nomi- tion—i.e., providing information from staff to coordinate the activities of the nate an individual to serve as the DNI. the beginning in its most shareable intelligence community. This profes- The threats arrayed against the United form, so that the maximum number of sional staff already has substantial ex- States do not afford us a grace period. individuals can access the information perience that will be invaluable to the INFORMATION SHARING in at least some meaningful form at its DNI in managing the intelligence com- Mr. LIEBERMAN. Mr. President, I earliest point of consumability—while munity. This legislation supplants the wish to call attention to an important having additional details available to DDCI/CM but transfers the official’s part of this legislation—the provision those who are granted appropriate ac- staff as the DNI considers appropriate in section 1016 on information sharing. cess; in this way, the right information to the Office of the DNI. The DNI can The effective use of information, gets to the right consumer at the right then build on this staff as necessary to from all available sources, is essential time. It also includes building on exist- implement the DNI’s new authorities. to the fight against terrorism. The 9/11 ing systems where possible, rather

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25811 than creating whole new, and poten- the President is required to designate participants in the ISE or who have tially overlapping, systems, and em- an individual who is to be responsible relevant policy or technical expertise. ploys an information access manage- for information sharing across the Fed- I also note the legislation provides ment approach that controls access to eral Government. By placing a single that the individual agencies that pos- the data rather than just systems and individual in charge of the develop- sess terrorism information or other- networks without sacrificing security. ment of the ISE, the legislation seeks wise participate in the ISE are to fully And it includes incorporating protec- to ensure the accountability and focus cooperate in the development of the tions for individuals’ privacy and civil necessary to accomplish this critically ISE. The cooperation of all relevant liberties from the very beginning—both important task. agencies is critical to the success of in the policies of the environment and Although the President has discre- this government-wide information in technologies and processes to ensure tion to determine whom to designate sharing effort, and agencies can expect that the policies are adhered to. as program manager, it is essential, Congressional oversight to ensure that Mr. LIEBERMAN. Another impor- and required by subsection 1016(f)(1), they are planning for, and fully con- tant aspect of this provision is the that the program manager have and ex- tributing to, the construction of the mechanisms it puts in place to ensure ercise government-wide authority; the ISE. that this new approach to information ISE will involve the sharing of ter- PRIVACY AND CIVIL LIBERTIES OVERSIGHT sharing actually gets implemented. We rorism-related information from across BOARD have known for some time now about the government, including from enti- Mr. LIEBERMAN. Mr. President, the critical importance of information ties outside the intelligence commu- among its other significant provisions, sharing in the fight against terrorism. nity—whether bioterror information the bill before the Senate, S. 2845, es- But translating generalized calls for from the Centers for Disease Control or tablishes a new Privacy and Civil Lib- improved information sharing into a relevant border information from Cus- erties Oversight Board. Waging the war working, fundamentally changed sys- toms and immigration offices at the on terror has required that the federal tem requires hard and sustained work. Department of Homeland Security—so government take steps that consoli- date governmental authority and in- To help ensure that this ambitious new that the program manager will be crease the government’s presence in effort will succeed, and that the ISE is someone with responsibilities that cut our lives. As the 9/11 Commission ob- actually implemented as envisioned, across the Federal Government as well. served, this shift of power and author- the legislation provides for a staged de- Although the DNI is, and will continue ity to the government, while nec- velopment process, with periodic re- to be, responsible for setting informa- essary, calls for ‘‘an enhanced system porting and the promise of significant tion sharing standards throughout the of checks and balances to protect the and sustained Congressional oversight. intelligence community (a responsi- precious liberties that are vital to our The first benchmark in the ISE de- bility expressly recognized in sub- way of life.’’ Following the commis- velopment process is 180 days after en- section 1016(e)(10)(A)), it is not our in- sion’s recommendation on this point, actment: by this date, a review must be tent that the DNI also assume the fur- this bill creates, for the first time, a conducted of current agency capabili- ther responsibilities of program man- Board that can look across the federal ties; in addition, a description of the ager. We expect and intend that whom- government and ensure that liberty technological, legal and policy issues ever is designated as program manager concerns are appropriately considered presented by the creation of the ISE, will have the development of the ISE in the policies and practices of the ex- and how they will be addressed, must as their sole or primary responsibility, ecutive branch. be submitted to the President and Con- and we believe that it is desirable that Ms. COLLINS. Specifically, the board gress. Within 270 days of enactment, the individual have management exper- established in the bill is to be made up the President is required to issue tise in enterprise architecture, infor- of five members, who are to be ap- guidelines for acquiring, accessing, mation sharing and interoperability. pointed by, and serve at the pleasure sharing, and using information, and, in The legislation provides that the pro- of, the President. Two of the five mem- consultation with the Privacy and gram manager is to serve for 2 years, bers—the chairman and vice-chair- Civil Liberties Oversight Board estab- during the initial development of the man—are also required to be Senate- lished in section 1061 of the legislation, ISE, to ensure that the project gets off confirmed. To help ensure an inde- guidelines to protect privacy and civil to a sound start. As part of the imple- pendent and effective board, all of the liberties in the development and use of mentation plan to be submitted to Con- members are to come from outside the the ISE. These two sets of guidelines gress after one year, the program man- federal government and are expected to are critical in defining the framework ager is to recommend a future manage- be people of stature, selected on the of the ISE, and their issuance will pro- ment structure for the ISE, including a basis of their achievements, experience vide an important opportunity for Con- recommendation as to whether the po- and independence. All of the members gress to evaluate the proposed direc- sition of program manager should con- of the board are expected to devote sig- tion of the ISE. Within a year, a de- tinue. During this two-year start up pe- nificant time to this important endeav- tailed implementation plan for the riod, the program manager will be as- or, and the chairman may be appointed ISE, including budget estimates and sisted in his or her efforts by an Infor- to a full-time position; given the broad proposed performance measures, must mation System Council established by responsibilities of the board, we believe be submitted to Congress, which will the legislation and based on the exist- that having a full-time chairman provide for a further opportunity for ing Information System Council estab- though not required would usually be Congressional evaluation. Finally, in 2 lished by the President through execu- the wisest course. years, and annually thereafter, the tive order. The council, made up of rep- The Privacy and Civil Liberties Over- President must submit a report to Con- resentatives from agencies partici- sight board’s purpose is to ensure that gress on the state of the ISE and of in- pating in the ISE, will not only advise privacy and civil liberties concerns are formation sharing across the Federal the President and the program man- appropriately considered in the imple- Government. ager, but also, among other things, mentation of all laws, regulations, and Ms. COLLINS. In addition to the provide a means of coordinating among policies that are related to efforts to step-by-step development process my the various agencies participating in protect the Nation against terrorism. colleague has described, I would also the ISE, helping to resolve interagency The board is empowered to carry out note that the other key means by disputes that may arise. In performing its mission in two equally important which the legislation seeks to ensure its duties, the council is to consider ways. First, the board is to advise pol- the successful implementation of the input from those outside the Federal icy makers at the front end, to ensure ISE is through the appointment of a Government as well—including state, that when executive branch officials program manager. Not later than 120 local, and tribal officials and those in are proposing, making or imple- days after enactment of the legislation, the private sector who are potential menting policy, they appropriately

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25812 CONGRESSIONAL RECORD—SENATE December 8, 2004 consider and protect privacy and civil partments and agencies, moreover, are pected should the board complete an liberties. Second, the board is to con- required to cooperate with the board: if important investigation or otherwise duct oversight, by investigating and re- the board believes information or as- make findings or recommendations of viewing government actions at the sistance has been unreasonably re- which Congress would wish to be ap- back end, reviewing the implementa- fused, it is to notify the relevant agen- prised. The bill requires that the tion of particular government policies cy or department head, who, unless the board’s reports to Congress be unclassi- to see whether the government is act- information cannot lawfully be pro- fied to the greatest extent possible, in ing with appropriate respect for pri- vided to the board, is to ensure compli- order to facilitate public discussion of vacy and civil liberties and adhering to ance with the request. the board’s activities; where it is nec- applicable rules. Further, the bill pro- The bill provides an exception to the essary to include classified information vides the board with the tools it will requirement that an agency comply in the reports, it is to be included in a need to carry out its functions. with a board request for information separate classified annex. Whether and Mr. LIEBERMAN. I agree with the only in cases where the DNI in con- when to release reports directly to the Senator from Maine that the board will sultation with the Attorney General, public or to otherwise engage in activi- have the tools necessary to carry out determines that withholding informa- ties that directly involve and inform its purpose. In its advice role, the tion from the board is necessary to pro- the public is left to the discretion of board has a broad mandate to review tect the national security interests of the board, but we believe that given and provide advice to the President and the United States or where the Attor- the public importance of the issues en- to federal agencies on proposed poli- ney General determines that with- trusted to the Privacy and Civil Lib- cies, whether or not codified formally holding the information is necessary to erties Oversight Board, openness is in regulations, and on the implementa- protect ongoing sensitive law enforce- called for and will ultimately foster tion of new and existing laws, regula- ment or counterterrorism operations. public trust that the government is ap- tions and policies, in order to ensure In light of the fact that board members propriately protecting privacy and that privacy and civil liberties are ap- must in any event have appropriate civil liberties as it continues to vigor- propriately considered. Following a re- clearances to see classified informa- ously fight the war on terror. Also intended to foster this public lated 9/11 Commission recommenda- tion, as well as the expected nature of trust is the fact that, while the board tion, the board is further specifically the board’s work, we anticipate that is exempted from the requirements of directed, when providing advice to ex- these exceptions will rarely need to be the Federal Advisory Committee Act ecutive branch officials on proposals to invoked. because, as a permanent, ongoing enti- retain or enhance particular govern- In addition to getting information ty, it does not fit comfortably into the mental powers, to consider whether the from the executive branch, the board mold of the usual subjects of that act, need for those powers have been bal- may also request information and as- the board is expressly subject to the anced against the need to protect civil sistance from State, local and tribal of- Freedom of Information Act, like any ficials, and it may request documents liberties and privacy and whether there other agency. are adequate guidelines and super- or testimony from others outside the Mr. LIEBERMAN. I would also like vision to ensure that the use of the executive branch, including private to point out that the bill encourages power is properly confined and that parties who may have relevant infor- federal departments and agencies in- privacy and civil liberties are pro- mation, such as former federal employ- volved in law enforcement and anti- tected. ees and government contractors. Al- terror functions to designate an agency Although the board has no authority though the board does not itself have official to serve as a privacy and civil to veto or delay executive branch ac- the authority to subpoena documents liberties officer. Such officers, modeled tions, executive branch officials are ex- from private parties, if the card is un- on similar officers at the Department pected to routinely consult with the able to obtain relevant information of Homeland Security and newly cre- board, and the board to routinely re- from a nongovernmental party, it may ated in the Office of the DNI, can play view and provide input, on the develop- refer the matter to the Attorney Gen- an important role in providing day-to- ment and implementation of policies eral, who may take such action as ap- day advice and insights on civil lib- intended to protect the Nation a propriate to ensure compliance, includ- erties and privacy matters and con- against terrorism; indeed, a suggestion ing the use of compulsory process. ducting internal reviews. Because such in conference negotiations that would I would also like to note that al- officers would be highly knowledgeable have limited the board to providing ad- though the board’s jurisdiction is not about their own agencies, they could vice only when requested by the head intended to extend beyond matters re- augment the role of the board and help of an agency was specifically rejected. lated to efforts to protect the Nation address issues early on. The role of It is our intention that the board be- against terrorism—to, for example, such officers would be distinct from come an institutionalized voice that claims that the IRS is not adequately those of the new chief privacy officers ensures that privacy and civil liberties protecting the confidentiality of tax created in the Omnibus Appropriations concerns are always considered and, returns—it is our intent its jurisdic- bill. Those officers would be largely re- where appropriate incorporated, in pol- tion be interpreted inclusively, to sponsible for focusing on informational icy making. reach, for example, laws that were privacy issues and not responsible for With respect to its oversight role, the originally adopted to protect against addressing broader civil liberties con- board has broad authority to review terrorism, but may now have been cerns. and investigate executive branch ac- turned towards other purposes. Ms. COLLINS. I would like to thank tions, whether limited to a single agen- Ms. COLLINS. I thank my colleague my friend for working with me on cy or involving interagency policies, to for his clear explanation. Just as im- these very important provisions. In the determine whether the government is portant to the other authorities pro- wake of the terrorist attacks on Sep- appropriately protecting privacy and vided to the board is ensuring some tember 11, 2001, during his joint address civil liberties. To carry out this func- transparency of the activities of the to Congress, the President called on all tion effectively, the board has been board. Transparency helps to give con- Americans to ‘‘uphold the values of given investigative powers similar to fidence to the American people that America and remember why so many those of a government-wide inspector the protection of their civil liberties have come here. We’re in a fight for our general. Specifically, the and is to have and privacy is being addressed as we principles, and our first responsibility access to all relevant documents and take actions to further protect our Na- is to live by them.’’ Indeed, as we im- materials in the executive branch, in- tion from terrorism. To that end, the prove government to better secure our cluding classified information, and to board is to report to Congress at least Nation against future attacks, we must all relevant federal officials to inter- annually on its activities, and may do at the same time protect those Amer- view them and take statements. De- so more frequently, as would be ex- ican values that define our free society.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25813 These freedoms and values are what de- the Public Interest Declassification ilies and to future generations of fine us as Americans and what defines Board. This Board is made up of nine Americans whose security depends on our Nation. Since the inception of our members with expertise in national se- our actions today. I believe this legis- Nation, there has been much sacrifice curity and related areas; five are ap- lation better prepares us to meet the in order for us to have the freedoms we pointed by the President and four by security challenges of today and I enjoy today. These liberties are what the bipartisan leadership of the Senate would like to make note of some im- have been entrusted to us to protect. and House. Under the amendments portant provisions. That is why, as we protect our Nation made by section 1102, when any Mem- First, it creates a National Director from future terrorist attacks, we also ber of Congress asks the Board to de- of Intelligence who has the necessary must ensure that we do no trample on classify a document or materials, the authority to write and execute intel- the very values that the terrorists seek Board ‘‘shall advise the originators of ligence budgets. This critical change to destroy. the request in a timely manner wheth- will help ensure that resources and per- Mr. WYDEN. Mr. President, I wish to er the Board intends to conduct such sonnel can be moved to areas of pri- commend Senators COLLINS and review.’’ ority throughout the intelligence com- LIEBERMAN for their leadership in This means that if I or another Mem- munity for more effective management working round the clock for months to ber of the Senate were to ask the Board of intelligence operations and analysis. translate the key recommendations of to determine whether a document is This change was strongly endorsed by the 9/11 Commission into reality. properly classified for national secu- both the 9/11 Commission and Joint In- Thanks to their tireless and bipartisan rity purposes, the Board must respond quiry of the House and Senate Intel- effort, I and my colleagues today can in a timely manner. ‘‘Timely’’ is de- ligence Committees and I believe it is point to a provision in the intelligence fined as ‘‘early’’ or ‘‘soon.’’ It is my ex- essential. Second, it establishes a National reform bill that will clear the fog of pectation that whether it is a member Counterterrorism Center. This will unnecessary secrecy that has for too of Congress or a committee seeking the achieve an integrated approach to long clouded our national intelligence Board’s decision on the proper classi- counterterrorism intelligence and stra- picture. As the principal sponsor of fication of information, the Board will tegic operational planning. Given the this bipartisan provision, which will es- get back to the requester expedi- continuing threat the United States tablish for the first time an appeals tiously. faces from international terrorists, it I am of the view that the problems in procedure that members of Congress is vital that we organize our informa- may use regarding the classification of our intelligence community will not be tion and resources in a highly coordi- materials for national security pur- addressed until the problems in the na- nated fashion to meet this challenge. poses, I wish to explain how I envision tional security classification system The NCTC provides the proper mecha- this new process working. are addressed. Thomas Kean, who nism to facilitate this coordination by The power to classify documents as chaired the 9/11 Commission, said that gathering relevant information from secret is one of the most powerful tools three-quarters of the classified mate- all appropriate departments and agen- in American Government, and it seems rial he reviewed for the Commission cies within our government. to be very much in vogue. Over-classi- should not have been classified in the In addition to these primary reforms fication of documents is now the rule first place. Now, as the Senate acts on provisions, I am pleased the conference rather than the exception. Documents the conference report that strongly re- report includes two other provisions of are sometimes classified for political flects the 9/11 Commission rec- importance to New Mexico. By retain- reasons rather than to protect national ommendations, it only makes sense to ing my language directing the Depart- security interests. Last year alone, the include this provision. ment of Homeland Security to report Federal Government spent $6.5 billion I have no illusions that this classi- on development of an Unmanned Aerial creating 14.3 million new classified doc- fication appeals mechanism will abol- Vehicle border surveillance capability, uments. That is double the number of ish the strongly rooted institutional this legislation recognizes the need to documents 10 years ago. This awesome bias in favor of overclassification, but exploit emerging technologies for se- power should be used judiciously, and taken in conjunction with the overall curing the homeland. The porous na- it surely should not be the subject of review of the standards used to classify ture of our borders, particularly in re- old fashioned horse trading, as it was information contained in other sec- mote areas of the Southwest, is vulner- last summer during the preparation of tions of the conference report, it is a able to terrorists, drug smugglers and the Senate Intelligence Committee’s very sound first step. other criminal activity. My language report on pre-Iraq war intelligence. I am grateful to Senator LOTT, my begins to seek new solutions to this Last summer the Senate Intelligence principal cosponsor, for championing significant security concern. Also, I am Committee, on which I serve with my this matter in conference. He and his gratified that the conferees recognized co-authors, spent more than 6 weeks staff worked nonstop to preserve this the value of the National Infrastruc- arm-wrestling with the Central Intel- provision. I also want to acknowledge ture Simulation and Analysis Center ligence Agency, CIA, over how much of the efforts of Senator BOB GRAHAM, an- operated by our national laboratories the report on pre-Iraq war intelligence other conferee, and his staff to defend as Sandia and Los Alamos. The formal would be made public. Originally, the our work. relationship this legislation creates be- agency wanted to black out more than Mr. DOMENICI. Mr. President, I rise tween NISAC and the National Direc- half of the report. In the end, ‘‘only 20 to express my support for the intel- tor of Intelligence ensures the intel- percent’’ of the report was blacked out. ligence reform provisions negotiated ligence community has access to the At that time, there was no inde- by the House and Senate. These meas- very best capability our Nation has for pendent body to which the committee ures provide common sense restruc- understanding vulnerabilities to crit- members could turn to find out what turing of our Nation’s approach to na- ical infrastructures. should and should not be classified for tional intelligence. In conclusion, I believe this legisla- national security purposes. That is pre- For years the United States has con- tion is historic. Nothing is more impor- cisely the problem addressed by the templated reorganizing the intel- tant than the security of our country provision crafted by Senators LOTT, ligence community. Unfortunately, it and intelligence is the underpinning of BOB GRAHAM, SNOWE, and myself. Our took the tragedy of September 11 and success in the war on terror. Objective, provision will give Congress for the the loss of nearly 3,000 citizens to timely, accurate intelligence is what first time a means of appealing classi- achieve systemic change. This legisla- our policymakers need to make the fication decisions. tion, however, is the culmination of a right decisions affecting the safety of The provision gives Congress the au- serious national debate that has oc- Americans at home and abroad. This thority to appeal classification deci- curred since that fateful day. It is a legislation takes an important step to- sions to an independent standing body, just tribute to those we lost, their fam- ward invigorating our intelligence

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25814 CONGRESSIONAL RECORD—SENATE December 8, 2004 gathering as we face the threats of the tablishing a program awarding scholar- port directly to an agency’s head. This 21st century and it has my strong sup- ships to students in exchange for gov- amendment is similar to legislation port. ernment service in the intelligence Senator FITZGERALD and I sponsored Mr. AKAKA. Mr. President, I rise community. I would like to reiterate now Public Law 108–330—which brings today to express my support for the that the language in the Governmental the Department of Homeland Security, conference report on legislation cre- Affairs Committee report relating to DHS, under the CFO Act and ensures a ating a Director of National Intel- this provision and urge the DNI to give Senate-confirmed CFO who reports di- ligence. Before doing so, I commend special consideration to applicants rectly to the Director of DHS. I plan to the tremendous effort made by Senator seeking degrees in foreign languages, introduce legislation that embodies our SUSAN COLLINS, the chairman of the science, mathematics, or a combina- amendment because I strongly believe Governmental Affairs Committee, and tion of these subjects. that this new entity must have the fi- Senator JOE LIEBERMAN, the ranking S. 2845 includes other aspects of S. nancial management systems and prac- member, who have dedicated the last 589, such as an incentivized rotational tices in place to provide meaningful few months to ensuring this legislation program for employees in the intel- and timely information needed for ef- was passed. I salute them. ligence community in order to break fective and efficient management deci- Passage of this legislation ensures down cultural and artificial barriers to sionmaking. that many of the key recommendations information sharing, build a cadre of It would be naive to say that this leg- of the 9/11 Commission become law. highly knowledgeable professionals, islation by itself will make America Most important of these are the estab- and ensure cooperation among national stronger. Americans will make Amer- lishment of a Director of National In- security agencies. ica stronger. What this legislation does telligence, DNI, and a National coun- In addition, the conference report in- offer is a framework within which we terterrorism Center, NCTC. cludes language offered by Senator BOB can build a more secure nation if we all However, much still remains to be GRAHAM and Senator RICHARD DURBIN, work together within the limits of our done. I continue to believe that the key and myself requiring the Director of Constitution. to a stronger America lies not just in National Intelligence to review exist- In creating a Director of National In- clarifying institutional lines of author- ing programs to increase the number of telligence it is critical that the Presi- ity but in ensuring that we have the personnel with science, math, and for- dent pledge to make this office ac- best and brightest on the front lines of eign language skills and report to Con- countable to the American people. The our national defense. gress on the proposals to improve the DNI must be kept free of political pres- One of the important objectives driv- education of such individuals if exist- sures and independent of partisan pol- en home by the 9/11 Commission’s re- ing programs are found inadequate. icy agendas. While employees working port and in testimony before the Gov- These programs partially address, under the DNI will have the same ernmental Affairs Committee is the however, a larger national problem in rights and protections as those at the need to have the right people in the our educational system that must be CIA, I urge the DNI to make every ef- right places in our Government, both tackled, including at the primary and fort to ensure that whistleblowers are civilian employees and military per- secondary level. I look forward to not retaliated against and that their sonnel, to combat future threats. We working with my colleagues in the disclosures, which may have a signifi- must ensure that our Federal work- next Congress to implement additional cant impact on the security of this na- tion, are taken seriously. force remains trained and ready to re- programs to solve the human capital The DNI must make civil liberties spond to the challenges we may face in crisis in our national security commu- and privacy rights a capstone in the the future, just as Federal employees nity as well as elsewhere in the govern- structure of this new agency. Without have responded with courage when ment. these basic protections, our freedoms In addition, I am pleased that the called upon in the past. will not be strengthened, our Nation There is a human capital crisis in the legislation includes language creating will not be more secure. Federal Government. Not only are we an Office of Geospatial Management in I pledge to do all I can to exercise my losing decades of talent as civil serv- the Department of Homeland Security, responsibility to oversee this new in- ants retire, we are not doing enough to which was added to S. 2845, the Senate telligence agency and ensure it lives up develop and nurture the next genera- version of the bill, through an amend- to the trust being placed in it by the tion of public servants. Nowhere is this ment offered by Senator ALLARD and Congress today. more evident than in our intelligence myself. This language is identical to S. Mr. CONRAD. Mr. President, I will services. Time and time again senior 1230, the Homeland Security Geo- join many of my colleagues today in officials note the lack of trained lin- graphic Information Act. It will help to voting for the Intelligence Reform bill; guists, the lack of trained analysts to better coordinate the procurement and however, I do so with some reserva- evaluate information, and the lack of management of geospatial information tions. scientific technical expertise needed to within the Department of Homeland First, let me highlight the provisions confront these new threats. Security and centralize activities with- contained in this bill that are espe- Staffing new interagency intelligence in one office. Geospatial information cially important to North Dakota. The operations centers on a 24/7 basis, de- has become a critical component in bill includes a proposal I authored that veloping new human intelligence, both assisting our war fighters and in would establish a pilot project on the HUMINT, operations and interpreting protecting our homeland. Northern border to enhance security the information coming into our intel- However, I would be remiss not to through the use of advanced tech- ligence analysts pose management mention areas that are not included in nologies like remote sensors, cameras, problems of massive proportions. We the legislation. and unmanned aerial vehicles. The bi- continue to be seriously understaffed. I I regret that the conference report partisan 9/11 Commission Report recog- have been calling attention to this did not include a Senate amendment I nized that the Northern border oper- problem, along with my colleague, Sen- sponsored with Senator FITZGERALD to ates with only a fraction of the man- ator VOINOVICH, for a number of years. create a chief financial officer, CFO, power and resources that are devoted Thus, I am pleased that the legisla- within the Office of the Director of Na- to the Southern border, but poses no tion we vote on today contains provi- tional Intelligence. Our amendment less risk for terrorists sneaking across sions similar to those in S. 589, the would have placed the NIA under the into the United States. This project Homeland Security Federal Workforce Chief Financial Officers Act of 1990, will help the border patrol in moni- Act, which I introduced and was passed which requires agencies to submit au- toring the border more effectively and by the Senate last November. dited financial statements and requires efficiently. Additionally, I am pleased The National Intelligence Reform that CFOs be appointed by the Presi- that the bill includes a provision di- Act mirrors the intent of S. 589 by es- dent, confirmed by the Senate, and re- recting that at least 20 percent of any

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25815 increase in the number of Border Pa- In my view, this bill simply does not tion. So many talented and highly trol agents be assigned to the northern provide the National Intelligence Di- skilled people in our intelligence com- border. Both of these provisions take a rector with all of the tools he needs to munity worked so hard and so effec- step in the right direction to improve do the job. He will have only a very tively, but our intelligence agencies the security of our northern border. limited power to move money among did not serve them or us well. In considering intelligence reform, I the different intelligence agencies. These investigations convinced me embraced the recommendations of the Without strong control over the that our intelligence agencies needed 9/11 Commission. They made a major money, the Director could become just fundamental reforms. I recommended effort to understand what happened on another layer of bureaucratic review. the creation of a Director of National September 11, 2001, and to figure out If that was the end of the story, I Intelligence to unify and lead the intel- how we could help prevent future at- probably would have to vote against ligence community and many other tacks. This legislation never would this bill. But I see this bill as a step in important intelligence reforms. I am have passed without their hard work. the right direction. Its authors have pleased that many of the reforms I By adopting one of the key rec- assured me this is a beginning. In the have been advocating are part of this ommendations of the 9/11 Commission, end, the success of the Director of Na- bill. this bill takes a major step toward im- tional Intelligence depends on the The National Security Intelligence proving our Counter-terrorism efforts. President creating procedures that Reform Act also builds on the work of Establishing a National Counterterror- place that official at the heart of the the 9/11 Commission. I want to thank ism Center that can both analyze the intelligence community, with real au- Senator COLLINS and Senator terrorist threat and do strategic plan- thority and real accountability. I am LIEBERMAN for their work on this bill ning for operations to defeat terrorists counting on President Bush to do so. in Committee, in the Senate, and hold- will make us safer. Ms. MIKULSKI. Mr. President, I rise ing the line in conference with the This bill would never have become in support of the National Security In- House. The result is broad, deep and law without the commitment of the telligence Reform Act. authentic reform. families of the victims of the 9/11 at- I am proud to cast my vote in favor The bill gives the intelligence com- tacks. They demanded real reform, of the first major reform of the intel- munity one leader, a Director of Na- without any further delay. We in Con- ligence community. Intelligence re- tional Intelligence, with real authority gress owed those families no less. form will make our Nation safer and over the National Intelligence Program budget and personnel, to manage and Some of my colleagues today have stronger, and ensure we use our re- unify and oversee the intelligence com- said that this bill is the largest reform sources smarter. We have created a of our national security agencies since munity. framework that works to prevent a The bill creates a National Counter- 1947. The provisions I have just men- predatory attack on the United States, terrorism Center to unify our Nation’s tioned are important reforms. Never- supports our troops, and provides good intelligence information and planning theless, I remain concerned that cre- intelligence to policymakers so we can to fight terrorism more effectively. ating a new Director of National Intel- guard and guide the Nation. The bill creates a National Coun- ligence will not do enough. It still I am excited that we are going to terproliferation Center to provide the leaves too many participants with an pass such fundamental reform of our same unity of effort and effectiveness opportunity to fail to communicate intelligence agencies. I have been in the effort to prevent the spread of and cooperate. fighting for intelligence reform for weapons of mass destruction. No one can argue against the basic years. It is overdue and greatly needed. The bill provides for diversity of rationale for creating a Director of Na- Now is the time. opinion in intelligence analysis and tional Intelligence. The American in- This is a very good and important protects the independence of analysis telligence community has suffered bill. This bill will make the American from policy and political pressures, by from a lack of coordination and com- people safer by reforming our intel- using red-teaming to test assumptions munication, as the 9/11 Commission ligence community for the 21st Cen- and avoiding group-think by ensuring and many other reports have outlined. tury, by improving protection of our that alternative views are presented to This lack of coordination and commu- homeland, and by unifying and policy-makers. nication comes in part from the ab- strengthening our efforts to combat The bill requires better sharing of in- sence of any one person in charge and, terrorism. telligence information, both within the ultimately, accountable for the accu- The reforms will help prevent an- intelligence community and with first racy and timeliness of our intelligence. other 9/11 attack and help ensure we responders in our States and commu- I strongly agree that we need a Na- never go to war again on dated and du- nities who have a need to know. tional Intelligence Director. But such a bious information. These reforms will The bill provides protections for the Director cannot improve the commu- make highest and best use of the talent rights of Americans by creating a Pri- nication and coordination between the in our intelligence agencies, who will vacy and Civil Liberties Oversight intelligence agencies without the full have a framework to be able to protect Board and making officials in each authority and resources necessary to the Nation and speak truth to power. agency responsible for protecting civil do the job. I have fought for reform of our intel- liberties and privacy rights. The concern I have with this final ligence community for years. I have The bill will also unify and stream- bill is that we have maintained the CIA been a member of the Intelligence line the standards for granting security and all of the other intelligence agen- Committee since before 9/11 to be an clearances and require that a clearance cies we had before, and added a Na- advocate for reform, particularly re- granted by one agency is accepted by tional Intelligence Director on top. In- garding signals intelligence. other agencies. stead of consolidating the various in- Since I joined the intelligence com- This bill goes beyond intelligence re- telligence agencies, we have created mittee we have also investigated two form to address many of the other 9/11 additional boxes on an organizational serious intelligence failures: Commission recommendations: to im- chart that I fear will only create more Why couldn’t we prevent the 9/11 at- prove aviation security, including air turf battles, thereby undermining our tacks on America? cargo inspections, to improve maritime ability to enhance and improve our in- Why did we think Saddam Hussein security, to strengthen border enforce- telligence capabilities. I was concerned had weapons of mass destruction? ment, and to strengthen criminal laws about this issue in the Senate’s intel- The House and Senate intelligence on terrorism, building weapons of mass ligence reform bill. The final bill has committees had a joint inquiry into in- destruction, and financing terrorist an even weaker Director of National telligence relating to 9/11. We found in- groups. Intelligence. That makes me even more sufficient information, missed opportu- I have been fighting for many of concerned. nities, and failures to share informa- these reforms and am very pleased that

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25816 CONGRESSIONAL RECORD—SENATE December 8, 2004 this bill includes them. They are going President that would ensure that pri- I want to make the point that today to make America safer, stronger and vacy and civil liberties concerns are marks the start, and not the end, of the smarter. appropriately considered in the imple- intelligence reform process. Our work This is not a perfect bill; no bill is. mentation of laws, regulations, and ex- in the Congress on this issue is not There are some provisions in this bill ecutive branch policies related to ef- ending today; it is just beginning in that raise questions or concerns. You forts to protect the Nation against ter- earnest. can count on me to be vigorous and rig- rorism. While Americans are more will- We were attacked on 11 September orous in oversight, to make sure we ing to give up some of their privacy 2001 in a vile, unprovoked manner that have real reform to protect America after 9/11, necessary intrusions must be employed methods heretofore never and protect the freedoms that America carefully balanced against the rights of used in warfare. Before 11 September, stands for. U.S. citizens and I believe the Board the idea of hijacking civilian airliners, Thanks to the dedication, commit- will help maintain the balance. loaded with innocent people, and using ment and persistence of the 9/11 fami- Again, this bill is simply a first step. them as guided missiles to destroy lies and the Congress, we had an inde- The United States remains vulnerable landmark buildings and thousands of pendent commission to investigate 9/11. in many areas. I do not believe the bill non-combatant people was something The 9/11 Commission brought into the does enough to provide for transpor- you would only find in a book of fic- sunshine what many of us knew from tation security such as for ports, public tion. our classified hearings. The 9/11 Com- transportation and railroads. In addi- It was difficult to imagine before mission report was not just riveting tion, it does not address other asym- that attack that a group of people reading—it was a good blueprint for in- metrical threats such as food safety. could be so evil, so focused on destroy- telligence reform. Senators COLLINS Two days ago Secretary of Health and ing innocent lives, and so ready to kill and LIEBERMAN picked up that blue- Human Services Thompson noted how themselves for some warped sense of print and ran with it. The Senate pro- easy it would be to tamper with and their own religion and their distorted duced a bipartisan bill that is a shining poison our food supply. sense of justice. example of what can be done around Finally, I would like to express my We can fault our intelligence ana- here when we work together, not as disappointment with the administra- lysts for not ‘‘connecting the dots,’’ blue State Democrats, not as red State tion’s and Republican congressional but maybe they had too few ‘‘dots’’ to Republicans, but as Americans—as leadership’s participation in this un- work with and maybe what they did members of the red, white and blue dertaking. The administration origi- have didn’t seem quite plausible at the party, working together for America nally did not want a 9/11 Commission time relative to our own understanding and the American people. As a proud and its support of this bill was luke- of human nature and how wars have member of the red, white and blue warm at best. The tragedy of Sep- been fought in the past. party, I enthusiastically support the tember 11 made it clear that our Na- The House Subcommittee on Ter- tion was not as secure as it could be National Security Intelligence Reform rorism and Homeland Security issued and changes needed to be made. It is Act. the first report outlining problems Mr. REED. Mr. President, I rise to the duty of the administration to make within the intelligence community express my support for S. 2845, the in- those changes as quickly as possible. about our failure to stop the 9/11 at- September 11 was over 3 years ago and telligence reform bill. tacks. As the chairman of that sub- I first want to commend the 9/11 fam- we are just now enacting the first committee, I released that report on 17 ilies who have worked so tirelessly to changes. The process certainly could July 2002. What we discovered was that ensure that necessary reforms were im- have proceeded more quicky if the ad- the two most egregious intelligence ministration had been more actively plemented through the formation of failures involved human intelligence or engaged throughout the process. the 9/11 Commission and the enactment HUMINT and the sharing of intel- But we have a bill which is a good ligence, primarily between the CIA and of this bill. first step. I support this bill and look I believe this bill is an important the FBI. forward to working with my colleagues first step toward needed intelligence A dedicated enemy without any con- on future reforms. reform. As we are all aware, intel- Mr. CHAMBLISS. Mr. President, an straints on their behavior is a difficult ligence is the key to keeping America enormous amount of time and effort by and extremely dangerous foe to defeat. safe and winning the global war on ter- the White House, the Congress, the 9/11 As I said in this Chamber last July 21, rorism. I think that there are many Commission, the families of the vic- ‘‘. . . there is only one principle to fol- provisions of this bill which will im- tims the 11 September 2001 terrorist at- low on intelligence reform. Intelligence prove U.S. intelligence. It creates a Di- tacks, and others have gotten us here, is our first line of defense against ter- rector of National Intelligence who has today, to make a final decision on the rorism, and we must improve the col- personnel and budget authority; estab- Intelligence Reform and Terrorism lection capabilities and analysis of in- lishes an Information Sharing Environ- Prevention Act of 2004. We owe a debt telligence to protect the security of the ment to facilitate the sharing of ter- of gratitude to all those involved with United States and its allies.’’ The ques- rorism information among all appro- this process. However, not everyone tion we all need to ask ourselves is priate Federal, State, local, tribal and will agree, nor should they, with every- does this bill strengthen this principle private sector entities; provides for thing contained in, or missing from, or not? The answer is a qualified one training and education to meet lin- the bill we are about to vote on. and there is much more to do before we guistic requirements; and emphasizes This should not surprise us, since no can unequivocally say we have done ev- the use of open intelligence, a resource one individual or group has all the an- erything possible on reforming our in- I believe we have overlooked recently swers on how best to reform our vast telligence community. Let me mention to our detriment. intelligence community. What we can just six issues that we will need to I am also pleased that this bill estab- all agree upon, however, is the dedica- focus on early in the 109th Congress lishes a National Counterproliferation tion and sense of purpose of everyone relative to intelligence reform: Center since I believe the proliferation in the Congress who has worked on this One, once this bill becomes law, the of weapons of mass destruction and the legislation. The Members and staffs, President will be nominating the first potential for terrorists and rogue from both sides of the aisle, all tried to Director of National Intelligence, DNI. states to obtain these weapons are the do what they thought was best for the This will be one of the most important greatest threats facing us today. future security of the United States decisions of his presidency and, in like In addition, I commend the House and for that they all deserve our appre- manner, the confirmation of the indi- and Senate for providing for a Privacy ciation. vidual nominated will be one of the and Civil Liberties Oversight Board I rise today not simply to commend most important responsibilities of this within the Executive Office of the the hard work of a lot of people, rather, Senate. We need to make sure that the

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25817 DNI has the ability, experience, and Collectively, the eight members of the mental Affairs. With great skill, they leadership qualities to successfully im- intelligence community that this bill pushed and pulled in unison when they plement the legislation we are voting leaves in the Department of Defense needed to keep this legislation afloat. on today. are huge, with tens of thousands of They refused to let our national secu- Two, the Congress needs to put its people and multi-billion dollar budgets. rity fall prey to those who sought inac- primary focus on rebuilding the most How someone outside of the Depart- tion over action. Additionally, Senator critical aspect of our intelligence col- ment of Defense, like the DNI, could JOHN WARNER, the able chairman of the lection capability, namely HUMINT. If adequately and efficiently manage Armed Services Committee, worked we are ever to win the war on ter- these vast intelligence capabilities by tirelessly to ensure that S. 2845 would rorism we need to put our spies inside dealing with eight separate military preserve the military’s chain of com- of al-Qaida and other organizations members is beyond me. Senator NEL- mand and ensure necessary intel- that mean us harm. We also need good SON and I are committed to fix this ligence resources would remain avail- HUMINT to get a better indication of shortcoming by introducing a bill to able to the military at all times. As a the threats being posed by nation create a four-star command for mili- result of the efforts of these Senators, states such as North Korea, Iran, and tary intelligence in the 109th Congress. we will pass a bipartisan bill that will Syria. Six, Chairman JIM SENSENBRENNER achieve the goal of centralizing U.S. Three, in this regard, we need to re- championed several critical proposals intelligence operations while helping shape the culture in the Directorate of relative to immigration reform, includ- intelligence agencies better coordinate Operations at CIA, which is responsible ing improving our asylum laws and with U.S. military efforts. for managing our HUMINT activities, standards for issuing driver’s licenses. I Again, the 9/11 Commission found from ‘‘risk-avoidance’’ to ‘‘risk-tak- regret his proposals are not in the con- that our Nation was vulnerable to at- ing.’’ Porter Goss has begun this proc- ference report before us today. We tacks because we were not properly ess, but he will need the strong support should be committed to working on collecting, analyzing, and acting upon of the Congress to institutionalize this legislation to strengthen our immigra- intelligence. Our domestic intelligence new, aggressive culture. It is because of tion laws as soon as possible. agencies were not talking with their this very point that I voiced objections Yes, our work in the Congress on in- foreign intelligence counterparts, and to the creation of a Privacy and Civil telligence reform is just beginning. federal law enforcement offices were Liberties Oversight Board, both in the Confirming the first DNI, focusing our not working with local law enforce- original bill passed by the Senate and effort on HUMINT, shaping a ‘‘risk- ment. And so, perhaps most impor- in the Conference Report. We need to taking’’ culture among our intelligence tantly, this bill creates a Director of take more risks in HUMINT and we officers, improving our oversight of the National Intelligence, DNI, and a Na- need to rebuild the morale of our intelligence community, creating a tional Counterterrorism Center, both HUMINT collectors. What kind of mes- four-star military intelligence com- of which will go a long way toward en- sage are we sending to our intelligence mand, and strengthening our immigra- suring that our Nation’s many intel- agents in the field who are risking tion laws will assuredly keep the 109th ligence and military agencies have the their lives to protect us by creating a Congress fully focused on intelligence oversight, resources and coordination board designed to look over their reform. Today is but the beginning of necessary to protect our borders and shoulders and, which is redundant to this effort and this process. our citizens. the President’s Board on Safeguarding Ms. LANDRIEU. Mr. President, This bill will also help improve inter- Americans’ Civil Liberties? This may today, nearly 38 months after the Sep- agency cooperation by requiring exten- create a morale problem throughout tember 11 attacks on New York City sive sharing of intelligence and law en- our intelligence community that might and the Pentagon, the Senate will pass forcement operations among Federal, take years to repair and, I hasten to a bill to make Americans safer at home State, and local agencies. That alone is add, at a time when we need HUMINT and abroad. What was broken before 9/ a key step toward better protecting our more than ever to protect our citizens. 11 must be fixed. S. 2845 is based on the citizens by ensuring information that Four, to help Porter Goss rebuild our lessons learned from the National Com- could be vital to our national security HUMINT capabilities and to raise the mission on Terrorist Attacks Upon The makes it to the appropriate level. To importance and priority of HUMINT re- United States—the 9/11 Commission. better balance security with citizens’ form, the Senate Select Committee on This legislation is a great step forward rights, this bill also establishes a Pri- Intelligence, SSCI, should establish in to revamp and strengthen our intel- vacy and Civil Liberties Board to re- the 109th Congress a Subcommittee on ligence community to thwart terror at- view Federal policies and practices. HUMINT to focus our attention on this tacks on Americans in the future. Before I close, I do want to point out critical aspect of our security. Without It has not been an easy task to bring a provision that was deleted in the con- a subcommittee structure in the SSCI, this legislation to the Senate floor for ference which could have made this bill I fear we will not be up to the task of a vote. Initially, the 9/11 Commission even stronger. Our Nation needs a di- providing in-depth oversight of the in- was not to report its findings to Con- rector of national intelligence with the telligence community, which would be gress and the American public until mandate to provide the President and a failure of one of the Congress’ most after the November elections. Fortu- other intelligence consumers with ac- important constitutional responsibil- nately, the Commission was permitted curate, truthful, and even blunt intel- ities. to issue its findings during the sum- ligence. The DNI should not feel ham- Five, the span of control for the new mer, which allowed Congress to draft strung to tell the President and other DNI that is being created by this legis- S. 2845 and act upon nearly all of the 9/ intelligence consumers what they want lation is enormous. In fact, it is almost 11 Commission’s 41 recommendations to hear; rather, the DNI must be able impossible. This bill leaves the intel- to reform the intelligence community to tell them what they need to hear. ligence community at fifteen members, and improve the public’s safety. Never- The DNI must be independent and eight of which are in the Department theless, there were roadblocks along unsusceptible to the political whims of of Defense. I had a bipartisan amend- the way. Many Members in both his/her superiors. S. 2845 does not go as ment to S. 2485 that was co-sponsored Houses tried to kill this legislation, far as I would like to ensure that there by my colleague from Nebraska, Sen- and it is a major accomplishment that will be no politicization of the gath- ator BEN NELSON, that would have cre- we will hold a vote today and send this ering and analysis of intelligence. The ated a unified command for military bill to the President this evening. original Senate bill contained safe- intelligence giving the new DNI a sin- Of course, the credit goes to Senators guards to ensure intelligence would not gle point of contact for military-re- SUSAN COLLINS and JOSEPH LIEBERMAN, be politicized. I am hopeful the DNI lated intelligence requirements and the chairman and ranking member of will not feel pressured to validate cer- collection capabilities instead of eight. the Senate Committee on Govern- tain political or policy points of views

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25818 CONGRESSIONAL RECORD—SENATE December 8, 2004 where the intelligence simply cannot er budget authority than the current Senate floor would require the Office of provide such validation. Director of Central Intelligence to pro- Government Ethics to submit a report While I hope we can revisit this issue vide leadership and direction to the 15 to Congress evaluating the financial in the 109th Congress, this bill is a suc- agencies of the Intelligence Commu- disclosure process for executive branch cess. It will benefit the American peo- nity. employees within 90 days of the date of ple greatly, and I look forward to its It also establishes a National enactment. It would require the Office passage. Counterterrorism Center to conduct of Personnel Management to submit a Mr. KOHL. Mr. President, I am analysis of terrorism-related intel- list of presidentially appointed posi- pleased that in one of the final acts of ligence and conduct strategic planning tions to each major party candidate this Congress we have overcome the ob- for the War on Terror. after his or her nomination. It would jections of the House leadership to pass To ensure that the civil liberties of require the Office of Government Eth- a major intelligence reform bill. The Americans are protected during this ics, in consultation with the Attorney 9/11 Commission report provided a time of justifiably increased govern- General, to report to Congress on the unique opportunity for Congress to act. ment powers, the legislation also es- conflict of interest laws relating to If we had allowed this moment to pass tablishes a Privacy and Civil Liberties Federal employment. The provision and we had not succeeded in enacting Oversight Board within the Executive would also require each agency to sub- the Commission’s reforms, it is un- Office of the President. mit a plan to the President and Con- likely that we would ever achieve ef- All of these provisions were key rec- gress that includes recommendations fective intelligence reform, leaving us ommendations of the 9/11 Commission, on reducing the number of positions re- right where we started—with a frag- and I am pleased that they are included quiring Senate confirmation. I hope mented counterterrorism infrastruc- in this legislation. that we are able to take definitive ac- ture struggling to keep up with the ter- I am also pleased that the legislation tion to reform the appointments proc- rorist threats of tomorrow. we are considering includes three pro- ess in the 109th Congress and finally re- The legislation before us creates a visions that I have sponsored. form a process that has been examined Director of National Intelligence who The bill reforms the broken process by no less than 15 commissions, includ- will have broad authority over the of granting security clearances. The ing the 9/11 panel. many elements of our intelligence extended length of time it has taken to I would like to offer an observation community. While many of us were conduct and subsequently adjudicate a regarding the Office and Director of confident that the Senate bill did not security clearance prevents qualified National Intelligence which this bill jeopardize the chain of command, lan- Federal employees and their private establishes. The director only will be guage was added to ensure that the sector partners from doing important successful if an individual is chosen military would have access to the in- work to enhance our national security. who can develop a strong working rela- telligence it needs. In addition, a lack of reciprocity tionship with the President. In other In addition to creating a National among agencies for already granted words, the DNI can be successful with Counterterrorism Center to coordinate clearances delays and mobility of Fed- the powers provided by Congress if this counterterrorism intelligence and mis- eral employees within the government individual has the confidence and trust sions, the bill includes important pro- and places an unnecessary administra- of the President. If not, then no visions strengthening FBI intelligence tive burden on agencies as they dupli- amount of authority granted to that capabilities, transportation security, cate the clearance process. individual by Congress will make a dif- border protection, and diplomatic and The reforms in this legislation are an ference. military efforts in the war on ter- important step in expediting the proc- Similarly, the Office of the Director rorism. We cannot rely on intelligence ess, while preserving national security will have to be staffed by the best and alone to prevent the catastrophic ter- interests. The President designates a brightest minds in the Intelligence rorist attacks of the future. We must single entity to oversee the security Community if it is going to be success- remain vigilant in all these areas. clearance process and develop uniform ful in managing and improving U.S. in- Finally, I want to applaud the dili- standards and policies for access to telligence efforts. I hope that our Intel- gence of our colleagues and the mem- classified information. The President ligence Community agencies will work bers of the 9/11 Commission who also designates a single entity to con- closely with the DNI, his staff, and the pressed on when it seemed that this duct clearance investigations. Addi- new intelligence centers to ensure bill was doomed to die. While I have no tional investigative agencies could be their effectiveness and enhance the se- illusions that this bill will suddenly designated if appropriate for national curity of the United States. make us invincible, it is critical that security and efficiency purpose. Reci- The passage of this legislation also we begin the difficult process of re- procity among clearances at the same places a new burden on Congress. Every aligning the way our government an- level is required. Member of the Senate, but especially ticipates and responds to terrorism. The bill also includes a provision I the members of the Senate Select Com- That is why I intend to support this bi- added in Committee to improve the in- mittee on Intelligence, will need to be partisan legislation. telligence capabilities of the Federal involved in ensuring that this legisla- Mr. VOINOVICH. Mr. President, I Bureau of Investigation. Specifically, tion is implemented effectively. Robust rise to support the Intelligence Reform the FBI Director may work with the congressional oversight of intelligence and Terrorism Prevention Act of 2004. I Office of Personnel Management to de- is vital, and we here in this chamber first must recognize and congratulate velop new classification standards and are not off the hook just because we the extraordinary hard work and lead- pay rates for intelligence analysts. have passed this bill. ership of Senator COLLINS and Senator This will facilitate the development of Finally, I want to inform my col- LIEBERMAN and their respective staffs. a robust national security workforce at leagues that while we have dem- It is only because of their determina- the FBI and falls squarely within the onstrated our willingness to reform the tion and tireless efforts that we are spirit of the 9/11 Commission rec- structures and processes of the execu- able to consider this legislation today. ommendations. It is my sincere hope tive branch to better protect our Na- I would also thank and recognize Rep- that the FBI will utilize these flexibili- tion, we have been less willing to re- resentatives HOEKSTRA and HARMAN ties to build an elite cadre of intel- form our own structures and proce- and their staffs for their hard work. On ligence analysts that will help win the dures. The 9/11 Commission recognized balance, this legislation is an impor- War on Terror. that changing congressional com- tant step in improving our national se- Finally, this legislation attempts to mittee jurisdiction is exceptionally dif- curity. reform the Presidential appointments ficult but also noted reforms of the ex- This legislation establishes a Direc- process, which has been broken for dec- ecutive branch ‘‘will not work if con- tor of National Intelligence with great- ades. An amendment I offered on the gressional oversight does not change

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Senate did not do this in October. fore, that proved that we have entered Mr. President, issues of account- Rather, Senate Resolution 445 main- a new era where our nation faces very ability have often been central to the tains authorizing jurisdiction over sig- different, more pervasive and inimical work we as Senators do in seeking to nificant elements of DHS with at least threats. bring better government to our con- three different committees. The inap- It was a day, more than any before, stituents—particularly when matters propriately renamed Committee on which proved that intelligence is now of national security are at stake. Homeland Security and Governmental and must always be our best, first line In that vein, Mr. President, before Affairs will have jurisdiction over less of defense against a committed enemy the release of the 9/11 Commission re- than 10 percent of the DHS workforce who knows no borders, wears no uni- port earlier this year, I introduced and less than 40 percent of its budget. form and pledges allegiance only to stand-alone legislation—cosponsored Let me repeat that. We didn’t even give causes and not states. by Senator MIKULSKI creating an In- the proposed Homeland Security Com- It was a day that has proven that the spector General for Intelligence. The mittee the jurisdiction over either the intelligence community’s old structure ‘‘Intelligence Community Account- majority of the budget or the personnel and old ways of doing business are in- ability Act of 2004’’ proposed an inde- of the department. sufficient for confronting the chal- pendent inspector general for the en- It is disappointing that the Senate lenges of the twenty-first century. tire intelligence community—all fif- was unable to put aside turf consider- As a member of the Senate Select teen agencies and department mem- ations and adopt meaningful reform of Committee on Intelligence, my posi- bers. I introduced this legislation its committee structure. Shame on us tion on intelligence community reform largely as a result of my experience as for not doing better. I intend to raise has been steady and consistent—I was a member of the Senate Intelligence this issue again when Congress recon- an early supporter of comprehensive Committee and the revelations of the venes in January and hope that my col- reform and came to believe that a new investigation on the pre-war intel- leagues will join me in that effort. Director of National Intelligence was ligence of Iraq. Once again, I would like to thank vital in order to address the defi- The version of the reform bill adopt- Senators COLLINS and LIEBERMAN and ciencies and failures that became evi- ed by the Senate in October embraced their staff for all their hard work on dent to us as a Congress and as a na- the concept and spirit of my earlier bill this legislation. I hope they are proud tion. The work of the Senate Select and included language creating an In- of their efforts. Committee on Intelligence over the spector General for the Director of Na- I yield the floor. Ms. SNOWE. Mr. President, I rise to past 2 years in undertaking a thorough tional Intelligence. support the conference report to ac- review of the pre-war intelligence on I was disappointed to learn that company the intelligence reform legis- Iraq’s weapons of mass destruction pro- much of the language included in the lation before us today. grams, the regime’s ties to terrorism, Senate-passed version of the bill was First and foremost, I want to recog- Saddam Hussein’s human rights abuses not ultimately included in the final nize and thank my colleague, the Sen- and his regime’s impact on regional package before us today. The con- ator from Maine and chair of the Gov- stability allowed me to delve into ference agreement gives the DNI the ernmental Affairs Committee, Ms. COL- those failures and ask pointed ques- authority to establish an IG according LINS, for her exceptional and tireless tions about the methods and organiza- to the guidelines set forth in the In- work throughout the past several tion of the community. spector General Act of 1978. Unfortu- months to produce this comprehensive After the in-depth analysis of 30,000 nately, the conference agreement does to reform to our nation’s intelligence pages of intelligence assessments and not mandate that he establish an IG. community. I applaud her for under- source reporting, and the interview of I want to make clear my intentions taking this historic effort and for guid- more than 200 individuals, the com- to continue working for better and ing this legislation through her com- mittee produced a report in July, 2004 more comprehensive accountability in mittee and through the conference that indisputably begged for intel- our intelligence community. It is my with the House of Representatives on a ligence community reform. view that the scaling back of the In- bipartisan basis. I joined several of my colleagues, spector General provision in this bill As well, I want to express my appre- most notably, Senator FEINSTEIN, on flies in the face of the 521 page report ciation to the ranking member, Sen- legislation overhauling the community that followed the Intelligence Commit- ator LIEBERMAN, for his efforts in and championing the idea of estab- tee’s investigation on Iraq pre-war in- bringing us to this day. It truly was an lishing a position, to be filled by single telligence and ignores vital problems of enormous undertaking that was as- person, independent from the day to information sharing that have been signed to the Governmental Affairs day responsibilities of running a single found throughout the community. Committee, and I want to thank them intelligence agency, and whose sole re- My strong preference would be to for all they have done on this intel- sponsibility is to lead and manage the codify and explicitly define expanded ligence reform legislation. intelligence community. The Feinstein authorities for the DNI’s inspector gen- Intelligence community reform is legislation, I believe, was a catalyst eral rather than simply give the DNI not a new issue. Since the First Hoover from which to begin this reform and I the authority to create an IG on his/her Commission in 1949, studies have been am proud to have been associated with own. While I am pleased that the con- conducted, commissions have been es- it. Senator FEINSTEIN’s early and ference agreement does retain DNI in- tablished, and reports have been issued steadfast work on this issue was cru- spector general language in spirit, I am on how best to structure and reform cial and I commend her for her dedica- dismayed that it is not stronger. our Intelligence Community. tion and vision. I firmly believe that a community- Despite over 50 years of debate on the The conference report we have before wide IG should have the authorities to issue, it was the morning of September us today is not perfect. It is not, in my delve into the coordination and com- 11, 2001, and all that followed there- mind, an ideal solution. There are munication between and among the after that provided the major impetus holes—some glaring—that I believe various entities of the intelligence to get us where we are today, on the should be filled. But the fact that we community. floor of the U.S. Senate passing legisla- are on the precipice of passing such a An inspector general will help to en- tion to finally address what has eluded landmark package is indeed impres- hance the authorities of the National so many for so long. sive. This bill is a product of com- Intelligence Director that we will

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To that end, I of- Threat Integration Center left much to duct ‘‘lessons learned’’ studies. The IG fered amendment during the Senate de- be desired so I am vitally interested in should have the abilities to seek to bate that called on the Director of Na- what structures work best for inte- identify problem areas and identify the tional Intelligence to establish, as he grating the vast intelligence collec- most efficient and effective business sees fit, alternative analysis units tion, analysis and dissemination efforts practices required to ensure that crit- within our analysis agencies. necessary to counter the international ical deficiencies can be addressed be- I am pleased the conferees elected to threat of terrorism. Coupled with the fore it is too late, before we have an- retain provisions within the bill that 9/11 Commission’s recommendation other intelligence failure, before lives require the Director of National Intel- that a series of such centers be estab- are lost. ligence to establish a process for ensur- lished, I believed it was time that we In short, an inspector general for in- ing that elements of the intelligence took the time to understand what telligence that can look across the en- community conduct alternative anal- worked well in such centers and what tire intelligence community will help ysis of their intelligence products. Na- didn’t. Therefore I amended the Senate improve management, coordination, tional policy makers must be confident bill to require an evaluation of the ef- cooperation and information sharing that the underlying assumptions and fectiveness of the NCTC at the end of among the intelligence agencies. A judgements of any analysis have been one year. That evaluation would have strong, effective IG will help break tested and found valid before making included an assessment of whether the down the barriers that have perpet- decisions that affect our national secu- NCTC is accomplishing their mission, uated the parochial, stove-pipe ap- rity. the state of interagency relations, proaches to intelligence community Another key failure the committee problems or issues relating to per- management and operations. uncovered was in the production of a sonnel assignments, funding, and so Too many incidents of failure to pre- comprehensive and coordinated intel- forth. Unfortunately, with this bill, will not vent attacks, failure to properly col- ligence community assessment of have the opportunity to understand lect the needed intelligence, failure to Iraq’s WMD programs. In fact, a Na- whether the NCTC construct is the best adequately analyze that intelligence tional Intelligence Estimate on Iraq’s way to approach other threats facing and failure to share information within weapons of mass destruction programs the nation. My concern has been ampli- the community beg for better account- was not written until Congress re- fied by the merging of the TTIC into ability in the entirety of the commu- quested that one be drafted in Sep- the NCTC and the establishment of a nity. Who better to do this than a sin- tember 2002, in the midst of the debate National Counter Proliferation Center gle IG, who can reach across the com- about taking military action against in this bill. Congress will need to close- munity, work with the existing indi- Iraq. ly monitor the effectiveness of such vidual agency IG’s, and confront any We received the NIE just 2 weeks be- centers to ensure that they provide the problem with a macro, overarching fore we voted to authorize the Presi- nation with the agility and flexibility view? This remains an issue on which I dent to take action in Iraq. The intel- we must have to counter the 21st cen- look forward to further working with ligence community should have been tury threats. my colleagues in the very near future. more aggressive in identifying Iraq as The legislation before us today ad- As I stated earlier, members of the an issue that warranted the production dresses another key issue: the con- Senate Select Committee on Intel- of a National Intelligence Estimate tinuing vulnerability of our transpor- ligence have spent a great deal of the and should have initiated the produc- tation system. Obviously, failures in past year looking at the intelligence tion of such an estimate prior to the transportation security were para- available to national policymakers in request from Congress. mount in the September 11 attacks. As the run-up to military action in Iraq. For this reason, I offered an amend- the 9/11 Commission report states, the One of the major conclusions we drew ment that would have required the ex- 9/11 terrorists were ‘‘19 for 19’’ in pene- was that the intelligence community amination of the process by which the trating our shortcomings. To be sure, suffered from a collective presumption NIE’s are initiated, developed, coordi- we can never secure our entire trans- that Iraq had an active and growing nated and disseminated to national de- portation system 100 percent. But, weapons of mass destruction program cision makers. I believe we must de- given the consequences of a failure to and that this ‘‘group think’’ dynamic velop methods to ensure that NIE’s are secure the system, that doesn’t mean led intelligence community analysts, linked to priorities outlined by the we should not expend 100 percent of our collectors and managers to both inter- President and Director of National In- effort in trying. pret ambiguous evidence as conclu- telligence and not simply developed in First, the conference report imple- sively indicative of a WMD program as an ad hoc fashion. ments the central 9/11 Commission rec- well as ignore or minimize evidence It is unacceptable that just weeks be- ommendation with respect to transpor- that Iraq did not have active and ex- fore Congress considered the weightiest tation security by requiring that the panding weapons of mass destruction matter that will ever come before us— Secretary of Homeland Security de- programs. the decision to commit our young men velop and implement a national, over- From our review, we know the intel- and women to war—the intelligence arching strategy for transportation se- ligence community relied on sources community only first began working curity. Timely development of this that supported its predetermined ideas, on an intelligence estimate on what strategy is critical so that we are able and we also know that there was no al- they would face. We must do better to understand what needs to be done, ternative analysis or ‘‘red teaming’’ than that. We must have the foresight what we need to do to get there, and to performed on such a critical issue, al- to know what threats face us in the fu- fill the gaping holes in our homeland lowing assessments to go unchallenged. ture and the ability to develop and re- security system as quickly as possible. This loss of objectivity or unbiased ap- port accurate and timely national in- This bill also addresses the issue of proach to intelligence collection and telligence estimates. air cargo security, which in my view is analysis led to erroneous assumptions I am disappointed that the final bill currently a gaping hole in our home- about Iraq’s WMD program. passed out of conference did not in- land security net—particularly when

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25821 you consider that half of the hull of until the DNI got his feet on the sharing information. This provision each passenger flight is typically filled ground but that our primary focus will ensure that information about ter- with cargo. As Governor Kean, Chair of should be to put the framework in rorists is shared not only among Fed- the 9/11 Commission, put it, quite sim- place now. eral agencies, but also between Fed- ply, before the Senate Commerce Com- I agree with Secretary Lehman and eral, State and local agencies. mittee this summer, ‘‘The Transpor- that is why I will support passage of Third, the bill creates a new National tation Security Administration must this bill even while believing we have counterterrorism Center to plan and improve its efforts to identify and much work left ahead before we have coordinate counterterrorism missions physically screen cargo.’’ successfully transformed our intel- and a new National Counterprolifera- The bill before us today would help ligence apparatus, in the executive tion Center to improve the Govern- TSA to do just that by incorporating branch and the legislative branch, into ment’s ability to halt the proliferation an amendment written by Senator an organization that is fully equipped of weapons of mass destruction. ROCKEFELLER, which I cosponsored, au- to meet the challenges and threats this Fourth, the bill increases the number thorizing $600 million to enhance secu- Nation will face in the future. of border guards and immigration rity on both all-cargo and passenger Mrs. BOXER. Mr. President, I am agents while also improving surveil- aircraft. The conference report also re- pleased to have this opportunity to lance capabilities along the southwest quires TSA to develop better tech- vote in support of the Intelligence Re- border. nologies for air cargo security, author- form and Terrorism Prevention Act. Finally, the bill improves security izes funding for equipment and re- Passage of this conference report today for our aviation system, including ad- search and development and to create a is an important step forward in defend- ditional funds for Federal air marshals. pilot program to evaluate the use of ing our country against the new And while I am pleased that conferees currently available and next genera- threats that face us. took note of my concern about pro- tion blast-resistant containers. While I expect that the overwhelming tecting the anonymity of Federal air Overall, with respect to transpor- majority of the Senate will vote in marshals, I do not believe the final pro- tation security, I believe that the com- favor of the conference report today, it vision is strong enough. prehensive, bipartisan bill before us has not been an easy road to this point. Clearly, this bill cannot be the last today will give TSA the tools it needs The Bush administration fought tooth piece of legislation we pass to make us to carry out his critical piece of the and nail against creating an inde- safer. There is much more work to be homeland security puzzle—securing our pendent commission to investigate the done to protect our ports, our nuclear air transportation system. Government’s failings leading to the and chemical plants, and the flying I have addressed some of the issues tragic day of September 11, 2001. And, public. Our first responders need far that were central to my work on this once the 9/11 Commission was estab- more attention so they have the inter- matter and shared many of my con- lished, the President’s record of co- operable communications systems they cerns with this conference agreement operation was spotty, at best. But need, and an adequate number of per- package. It is critical, however, that I largely because of the brave efforts and sonnel to protect our streets at all also express my deep sense of satisfac- persistence of those families who lost times and for whatever reason. I also tion that we are here today, ready to loved ones on 9/11, these obstacles were believe that we are moving far too pass this bill and send it to the Presi- overcome and the important rec- slowly on developing countermeasures dent’s desk. ommendations made by the bipartisan to protect commercial aircraft against We have come a long way this year. 9/11 Commission will be enacted into the threat of shoulder fired missiles. I And while it is not a perfect product, law. will press hard for action on all of this legislation is still one the Amer- The 9/11 Commission, led by co chairs these issues so that we do not simply ican people can be proud of. As of last Thomas Kean and Lee Hamilton, did return to business as usual. week, we were not even sure this ac- this country a great service by con- America will never forget the trag- complishment would be attributed to ducting a thorough investigation of the edy that took place on September 11, the 108th Congress or if we would begin events leading up to September 11, 2001. 2001. We are a changed Nation because anew next year with the 109th. This The report issued in July contained of it. The families of those who lost legislation builds on the recommenda- more than 40 important recommenda- their lives that day have done tremen- tions of the 9/11 Commission and also tions that will make us a stronger na- dous work in fighting for this bill. That addresses the views of many other tion as we work to confront the dan- is why I am pleased we are passing this studies and related commissions which gers of global terrorism. Through the bill today. The Federal Government focused on protecting the United hard work of Senator COLLINS, Senator must do everything it can to prevent States. LIEBERMAN and others, these rec- another attack and today’s vote is a Mr. President, on September 7, 2004, I ommendations were incorporated into step in the right direction. had the opportunity to question mem- bipartisan legislation that easily Mr. FEINGOLD. Mr. President, with bers of the 9/11 Commission during a passed the Senate. And although the a recognition that this bill is imper- SSCI hearing and in response to my House of Representatives did not take fect, and with the firm conviction that question about how much we needed to the same bipartisan approach, the final this effort is only one step in a much accomplish in this round of reform, negotiated conference report is a good broader effort needed to get this coun- former Secretary of the Navy John bill that will improve our ability to try on the right track to effectively de- Lehman reminded us that in the 1947 fight terrorism in several ways. feat the terrorist forces that have at- National Security Act, there were at First, the bill creates a new Director tacked this country, I will vote in least three major fine-tunings in the of National Intelligence to serve as the favor of the intelligence reform con- subsequent years. head of all 15 intelligence agencies and ference report today. He told us that the basic framework control their budgets. This person I have tremendous respect for the 9/11 was passed as one package, but it was would be accountable to Congress, the Commission that made the rec- recognized there was more needed to be President, and the American people in ommendations at the heart of this leg- done or refining what was done in the implementing the National Intel- islation. Their report was not charac- original act. He said that if we could ligence Program. terized by an ill-considered rush to get the framework passed, then the Second, the bill requires the Presi- simply act, but rather an imperative to flesh can be put on the bones further dent to create a new information shar- act wisely. It was not colored by par- down the road. He specifically men- ing environment. The 9/11 Commission tisan biases, or tainted by self deluding tioned that some things such as how found that our ability to defeat ter- rosy scenarios about where we stand as many of the national intelligence cen- rorism is severely hampered because a country. I may not agree with every ters we should establish could wait government agencies are resistant to word in the 9/11 Commission’s report,

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25822 CONGRESSIONAL RECORD—SENATE December 8, 2004 but I strongly agree with the vast ma- and searches without having probable veillance and searches can be used are jority of it, and I believe that the Com- cause that a crime has been or is going more than sufficient. True lone wolf mission performed a tremendous serv- to be committed. The courts have per- terrorists can and should be inves- ice for the American people. mitted the government to proceed with tigated and prosecuted in our criminal Among the most detailed and surveillance in this country under justice system. Section 6001 allows the thoughtful recommendations of the FISA’s lesser standard of suspicion be- government to use FISA to obtain a Commission were those focused on the cause the power is limited to investiga- warrant for surveillance even if it urgent need for reform of America’s in- tions of foreign powers and their knows that the subject has no connec- telligence community. By stressing agents. This bill therefore writes out of tion whatsoever with a foreign power unified effort, and most importantly, the statute a key requirement nec- or a terrorist organization. That is not accountability, the Commission point- essary to the lawfulness of intrusive right. ed the way toward the reforms con- surveillance powers that may very well I am also very concerned about the tained in this bill. otherwise be unconstitutional. material support, section 6601 et seq., This bill puts someone in charge of By allowing searches or wiretaps and pre-trial detention, section 6952, America’s intelligence community— under FISA of persons merely sus- provisions contained in the conference someone to be appointed by the Presi- pected of engaging in or preparing to report. Neither of these provisions was dent and confirmed by the elected rep- engage in terrorism, the bill essen- considered by the Senate, or even by resentatives of the American people in tially eliminates the protections of the the Senate Judiciary Committee. the Congress. The Director of National Fourth Amendment. I voted against While it appears that the material sup- Intelligence will be in charge not sim- the lone wolf bill when it passed the port provision adopted by the con- ply via title and not only because we Senate early in this Congress. I believe ference is not as broad as the provision reorganized boxes on an organizational there are better and more constitu- contained in the House bill, its full im- chart. This legislation provides real au- tional ways to deal with a situation plications cannot possibly be analyzed thorities to the DNI in terms of allo- where evidence of a connection to a in the brief time we have to consider cating resources, establishing tasking foreign government or terrorist organi- this bill. priorities, and ensuring information- zation is not easily obtained. The material support provision sharing to unify our efforts. It is up to Even if section 6001 survives con- amends and expands the current crime the Director to use the powers granted stitutional challenge, it would mean of providing material support to terror- in this bill to make this community that non-U.S. persons could have elec- ists or terrorist organizations. One fed- function—to make sure that the right tronic surveillance and searches au- eral court, of course, has ruled that a people have the right resources and the thorized against them using the lesser provision of the current statute is un- right priorities, and that they share standards of FISA even though there is constitutional because it criminalizes crucial information with their col- no conceivable foreign intelligence as- First Amendment protected activities. leagues. pect to their case. This provision may In January, a federal judge in Cali- And I will add that it is up to the very well result in a dramatic increase fornia ruled that a provision added by President of the United States and this in the use of FISA warrants in situa- the PATRIOT Act criminalizing the Congress to ensure that the lines of au- tions that do not justify such extraor- provision of ‘‘expert advice or assist- thority and the clear accountability dinary government power. ance’’ to a terrorist organization was laid out in the language of this legisla- When the lone wolf provision was vague and therefore unconstitutional. tion come alive. We must insist on real considered in the Senate as a stand The judge found that the term ‘‘expert accountability; we must accept noth- alone bill last year, I supported an advice or assistance’’ could be inter- ing less. amendment by Senator FEINSTEIN that preted to include unequivocally pure The conference report also estab- we thought was a reasonable alter- speech and advocacy protected by the lishes, in law, the mandate for the Na- native way to make sure that FISA can First Amendment. The judge found tional Counterterrorism Center to be used against a lone wolf terrorist, that the PATRIOT Act bans all expert bring an integrated effort to that ur- without eliminating the important advice and assistance, including pro- gent priority. If we are ever to connect agent of a foreign power requirement. viding peacemaking or conflict resolu- the disparate dots that can shed light The amendment would have created a tion advice, and places no limitation on the methods, the plans, and the permissive presumption that if there is on the type of expert advice and assist- vulnerabilities of fluid, flexible ter- probable cause to believe that a non- ance that is banned. rorist networks that operate in the U.S. person is engaged in or preparing The conference report attempts to shadows, we must integrate our own ef- to engage in international terrorism, cure this constitutional defect in the forts, not as an afterthought, but as a the individual can be considered to be law. It states that the law criminal- fundamental organizing principle. an agent of a foreign power even if the izing providing material support to a However, I am troubled by some pro- evidence of a connection to a foreign foreign terrorist organization shall not visions that were added in conference power is not clear. The use of a permis- be construed to abridge rights guaran- that have nothing to do with reforming sive presumption rather than elimi- teed by the First Amendment. The con- our intelligence network. The bill in- nating the foreign power requirement ference report also allows an exception cludes in section 6001 what has come to would have maintained judicial over- for providing personnel, training, or ex- be known as the ‘‘lone wolf’’ provision. sight and review on a case by case basis pert advice or assistance that is ap- The lone wolf provision eliminates the on the question of whether the target proved by the Secretary of State and requirement in the Foreign Intel- of the surveillance is an agent of a for- the Attorney General. But I am not ligence Surveillance Act, FISA, that eign power. The permissive presump- convinced that these provisions cure surveillance or searches be carried out tion would permit the FISA judge to the constitutional flaws. And expand- only against persons suspected of being decide, in a given case, if the govern- ing this provision is therefore the agents of foreign powers or terrorist ment has gone too far in requesting a wrong way to go. organizations. I am very concerned FISA warrant. Furthermore, as I noted earlier, the about the implications of this provi- Senator FEINSTEIN’s formulation material support provision in the con- sion for civil liberties in this country. would have put some limit on the gov- ference report has not been debated It is important to remember that ernment’s ability to use this new power and analyzed in the Senate Judiciary FISA itself is an exception to tradi- to dramatically extend FISA’s reach. If Committee or even on the floor of the tional constitutional restraints on the government comes to the conclu- Senate when this bill was considered criminal investigations, allowing the sion that an individual is truly acting before the election. The 9/11 Commis- government to gather foreign intel- on his or her own, then our criminal sion strongly recommended that when ligence information through wiretaps laws concerning when electronic sur- determining whether to expand Federal

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25823 law enforcement power, the burden is why good, solid intelligence is one of tude to Denise Keasler and all the on the executive branch to show how our most important weapons in the war other Americans who lost loved ones its proposals would materially enhance on terror. on 9/11, and who fought tirelessly for security and what steps it will take to Our enemies caught us off guard on these reforms. ensure the protection of civil liberties. September 11, 2001. And even as we Denise said today that she is so glad The executive branch has not even vowed that it must never happen again, this bill is passing, because she doesn’t started to meet that test here. We we realized that we needed to make want a single other American to en- don’t know how this new provision will some fundamental changes in our intel- dure the kind f pain that she has suf- work, and what problems might arise ligence agencies. The creation of the fered since her daughter was killed on because of it. We haven’t had the op- 9/11 Commission was a major step to- 9/11. That is the goal we all share. This portunity to consult with experts and ward needed change. There was ini- bill will move us closer to making our consider amendments in the normal tially some political opposition to this country safer. legislative process. Congress and the Commission, but mainly because of the Mrs. FEINSTEIN. Mr. President, I American people deserve a full debate unrelenting support of the families of today offer my support for the con- on this issue. Inserting this provision 9/11 victims, we created the Commis- ference report on the Intelligence Re- in the conference report without that sion. form and Terrorism Prevention Act of debate was a mistake. One of these family members is 2004. Simply put, this legislation rep- Similarly, the pretrial detention pro- Denise Keasler of Las Vegas, who lost resents the first, and most critical, vision was not recommended by the 9/11 her daughter, Karol Keasler, in the step towards bringing our national se- Commission, and the administration twin towers. Karol worked on the 89th curity structure into the 21st Century. has never shown how current law is in- floor of the World Trade Center. After I begin by offering my thanks, and adequate. Furthermore, like the mate- the first plane hit the north tower, she praise, to Senators SUSAN COLLINS and rial support provision, this provision called her mother to tell her that she JOE LIEBERMAN. This bill would never did not receive adequate consideration was OK. Then the line went dead. have been done without their extraor- by the Senate. At the only hearing Like many of the people who lost dinary work. Their effort combined in- where this issue was raised this year, loved ones that day, Denise has dedi- tellectual distinction and adherence to the Department of Justice could not cated herself to reforming our intel- the best traditions of the United States give a single example where current ligence system. And was because of the Senate. They were able to construct law failed and this expanded presump- dedication of people like her that the good, solid law and then build a con- tion of pretrial detention was needed. 9/11 Commission was created. Once the sensus that crossed party lines in the Current law, which allows for bail to be Commission was in place, its members midst of an intensely political season. denied if a defendant is a flight risk or rose above partisan politics. They When we speak of how the Senate a danger to the community, is fully unanimously passed a report that con- should work—with a spirit of adequate to cover the kinds of ter- tained comprehensive recommenda- collegiality and mutual respect—we rorism cases where bail should not be tions to make our intelligence better are talking about Senators COLLINS granted. Reasonable bail is a constitu- and our country safer. The Senate re- and LIEBERMAN, and what they did here tional right. I am very troubled by the sponded to the Commission’s work and to make America safer. expansion of the presumption that bail on October 6 overwhelmingly passed a This legislation is particularly im- will be denied. reform bill that enjoyed the support of portant to me, for I have been working Unfortunately, this Justice Depart- the commission and the families. to bring about the essential reform ment has a record of abusing its deten- This conference report also enjoys contained in this law—the creation of tion powers post-9/11 and of making the strong support of the 9/11 Commis- Director of National Intelligence to ef- terrorism allegations that turn out to sion, and the families who lost loved fectively lead the intelligence commu- have no merit. It is worth noting that ones. Most important of all, it enjoys nity—for a long time. the crime of material support of ter- the strong support of the American This work began in 2002, when I in- rorism, which has been expanded in people. This bill creates a strong Na- troduced the Intelligence Community this bill, is one of the crimes where a tional Intelligence Director and a Leadership Act, which would have cre- suspect is presumptively denied bail. In Counterterrorism Center, as well as an ated a Director of National Intel- sum, as with the material support pro- independent board to protect our civil ligence with authority over budget, vision, the administration has not met liberties. personnel, and strategy, similar to its burden of showing how the ex- These reforms will make it harder for what is in the bill before the Senate panded pretrial detention provision is information to slip through the cracks today. necessary and would not impair con- of our intelligence system. They will First, the Senate and House Intel- stitutional rights and protections. It make it easier for our intelligence offi- ligence Committees joined together to has no place in this bill. cials to connect the dots and see the create the ‘‘Joint Inquiry into the at- This bill is not perfect. Over time, as kind of warnings that could have pre- tacks of September 11th, 2001.’’ That the new structure begins to operate, we vented the tragic events of 9/11. They inquiry carefully examined the intel- may find that additional changes are will make it easier to coordinate the ligence-related background of the at- needed. But the conference report efforts of the 15 different agencies that tacks. takes critically important steps in the are responsible for providing the good The resulting report had, as its very right direction. I commend Senators intelligence we must have to win the first recommendation, the creation of a COLLINS and LIEBERMAN for working war on terror. Director of National Intelligence. This tirelessly to ensure that this legisla- Along with the Congressional re- recommendation was unanimously tion becomes law this year. forms we achieved in October, we have adopted by both the Senate and House Mr. REID. Mr. President, the United improved our intelligence operations Intelligence Committees. States of America today is the greatest and followed the key recommendations The following year, the Senate Intel- military force in history. Our men and of the 9/11 Commission. ligence Committee examined the intel- women in uniform are second to none. I appreciate the hard work of the ligence relating to the assertions that Nobody disputes our military superi- Commission and its co-chairs Tom Iraq possessed weapons of mass de- ority. And yet, military might alone Kean and Lee Hamilton, who endorsed struction. will not win the war on terror. this conference report. I appreciate the As we all know, no such weapons Military might alone will not win be- House leadership for allowing a vote on were found, despite prewar intelligence cause our enemies will never meet us this bill, despite opposition from many which unambiguously stated that Sad- face to face. Instead, they will try to members of the majority parry. And of dam Hussein both possessed and in- hit us when we aren’t looking. That is course our Nation owes a debt of grati- tended to use such weapons.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25824 CONGRESSIONAL RECORD—SENATE December 8, 2004 The findings of that report illus- as the DCI. That title involves two sep- It also contains some ideas advanced trated what the Joint Inquiry had arate, and I believe incompatible, by the 9/11 Commission which I believe found the year before: The failures jobs—head of the intelligence commu- are important. Most important of these were in part due to flaws in the intel- nity and head of the Central Intel- is the creation of a National Counter- ligence community, most notably the ligence Agency. terrorism Center, which will serve lack of an effective leadership struc- Thus, there is only a nominal head of under the DNI when engaged in intel- ture. the intelligence community, who can- ligence-related matters. It also in- Even as the Senate Intelligence Com- not be effective. This is because of two cludes the creation of a Directorate of mittee was completing its work, so too problems built into its structure. Intelligence within the Federal Bureau was the 9/11 Commission. The first problem is that the DCI has of Investigation. Again, their findings were clear. The two basic, incompatible jobs: Leader of What is the bottom line? It is that, Commission found that America’s in- the intelligence community, which in- with the passage of this bill, we will telligence community needed struc- cludes 15 agencies and departments, have taken a critical concrete step to- tural reforms, most important of which and in that role is the principal intel- wards equipping our Nation to defend was the creation of a single head of the ligence adviser to the President; and against the enemy of the 21st century— intelligence community, with adequate leader of the Central Intelligence terrorists, rogue states and others who budget, personnel, and statutory au- Agency, which is only one of the 15 would do us harm. thority. Further, that person could not agencies which make up that big, and We recognize that what worked in simultaneously serve as Director of the sometimes fractured, community. 1947 does not necessarily work today. Central Intelligence Agency. These two jobs cannot effectively be We create a new intelligence commu- held by one person. Each is a full time In the beginning of this Congress, I nity, and a new leader of that commu- job. They require full and undivided at- reintroduced the original 2002 legisla- nity, with stature and authority to do tion, and soon I was not alone. Sen- tention. Perhaps worse, they can be in direct the job. ators SNOWE, LOTT, WYDEN, and MIKUL- conflict, because what is good for the I thank my colleagues in this and the SKI joined my effort, along with Sen- intelligence community in terms of other body who worked so hard to ators ROCKEFELLER and GRAHAM, the mission, resources, and strategy, may bring us to where we are today, pre- current and former Vice Chairman of not be good for the ‘‘troops’’ at the pared to pass a truly historic law the Intelligence Committee. Central Intelligence Agency. which will make everyone safer in an In August of 2004, I wrote with Sen- Secondly, under the current struc- unsafe world. ators SNOWE, GRAHAM, MIKULSKI and ture, the DCI lacks basic tools needed EXHIBIT 1 WYDEN to the President asking for his to run any large government depart- U.S. SENATE, ‘‘support and assistance in moving for- ment—budget, personnel, and statu- Washington, DC, August 3, 2004. ward with legislation to make needed tory authority. Hon. GEORGE W. BUSH, changes to the structure of our na- Today, the DCI nominally admin- The White House, tion’s intelligence community.’’ I ask isters the nuts and bolts functioning of Washington, DC. unanimous consent that this letter be the intelligence community, money DEAR MR. PRESIDENT: We write to seek your support and assistance in moving for- printed in the RECORD immediately fol- and people. I say ‘‘nominally’’ because lowing this statement. ward with legislation to make needed the DCI does not really control all that changes to the structure of our Nation’s In- The PRESIDING OFFICER. Without much of that money, or the people who telligence Community. We are co-sponsors of objection, it is so ordered. use that money to run operations, con- the ‘‘Intelligence Community Leadership (See exhibit 1.) duct analysis, and build spy systems. Act of 2003,’’ which was first introduced on Mrs. FEINSTEIN. Soon thereafter, The solution to this problem is to en- January 16, 2003, legislation which we believe Senators COLLINS and LIEBERMAN were sure that the position of intelligence is a valuable starting point for this effort. given the monumental task of moving community director is provided real That legislation closely matches the rec- forward with the project of intelligence budget authority, real personnel au- ommendations recently made by the 9–11 commission, most importantly by ‘‘split- reform. They were certainly the right thority, and real authority to set strat- choice. I provided my legislation to ting’’ the two jobs held by one person into egy and policy, and this bill does that. two: a ‘‘Director of National Intelligence’’ to them, and I am pleased that much of it This conference report includes com- lead the Intelligence Community, and a ‘‘Di- was included in their finished product, promises that slightly diminish these rector of the Central Intelligence Agency’’ to which in turn forms the basis for the authorities as they were originally provide leadership for the CIA. conference report we are considering conceived in the Senate bill which You announced yesterday your support for today. overwhelmingly passed in September. the creation of a Director of National Intel- Let me now turn to the substance of I would have preferred that the DNI ligence to oversee our nation’s intelligence the law we are about to vote upon, not- have more authority, but I understand agencies. In addition to this fundamental ing that this legislation is just a first structural change, we agree with many of and respect the concerns raised by the Commissioners’ most important rec- step towards reform. It is a top-level some, including my friend and col- ommendations concerning additional intel- structural change that is designed to league Senator WARNER of the Armed ligence reform. We look forward to working lay the groundwork for the deep cul- Services Committee, that we could un- with you in implementing these important tural, bureaucratic and operational intentionally harm the uniformed mili- reforms. changes which are needed throughout tary. We would welcome the opportunity to dis- the intelligence community. The DNI The result is a compromise, and I cuss the legislation with you, and look for- will have a big job to do, and this legis- think we can and should live with that ward to working together to address these lation is just the beginning. compromise. critical issues. As I have noted, the way our intel- The structure that is set out in the Sincerely yours, DIANNE FEINSTEIN, ligence community is structured is fun- conference report closely tracks what OLYMPIA J. SNOWE, damentally flawed. It is unsuited for originally was contained in the 2002 In- BOB GRAHAM, the 21st century. The old days of the telligence Community Leadership Act: BARBARA A. MIKULSKI, Soviet Union and Communism are It creates a Director of National Intel- RON WYDEN, over, replaced by a world of asym- ligence, separate from the CIA Direc- United States Senators. metric threats, rogue states, and shift- tor; The DNI is given adequate budget, Enclosures as described. ing terror organizations. personnel and strategic planning au- Mrs. MURRAY. Mr. President, I rise The most important of these struc- thority; The DNI can set priorities for today to express my support for the In- tural failings is related to what under intelligence collection and analysis, telligence Reform and Terrorism Pre- current law is called the office of the and manage tasking across all 15 agen- vention Act of 2004. This landmark leg- Director of Central Intelligence, known cies. islation will modernize and unify our

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25825 intelligence community and help en- mation sharing among Federal, State, be responsible for ensuring that our sure the safety of our country. local, tribal, and private sector enti- policies are once again informed by ac- I strongly support this vital intel- ties. curate and objective intelligence. ligence reform bill. The 9/11 Commis- Privacy and civil liberties—this bill Improving our intelligence capabili- sion worked incredibly hard to identify creates an oversight board that will en- ties is especially important to the peo- how to better protect our country from sure privacy and civil liberties are ap- ple of New Jersey. More than 700 of terrorism and gave us an excellent propriately considered as laws regula- New Jersey’s citizens died on Sep- roadmap to protect our people. We in tions, and policies are implemented to tember 11, 2001. At least two of the 9/11 Washington State are proud of the out- protect our country against terrorism. terrorists lived in New Jersey, and the standing work put in by Commissioner This oversight board will safeguard in- anthrax that struck Washington in Oc- Slade Gorton. He has again done his dividual’s rights. tober 2001 originated in New Jersey. State proud in service to our country. Transportation security—the 9/11 Our State is also especially vulnerable My colleagues, Senators COLLINS and Commission highlighted several defi- to terrorist attack. Our transportation LIEBERMAN, deserve a great deal of ciencies in transportation security. infrastructure, chemical plants and credit for getting us here today. When This bill will improve passenger ports are not adequately secured, and some thought that real reform of our prescreening on airlines and cruise one stretch of road has been called by intelligence community was just a ships and require the TSA to develop the FBI the most dangerous 2 miles in dream, too complicated to be realized, better technologies for air cargo secu- America. it was their dogged determination to rity. We would not be passing this bill craft a good piece of legislation that Border and immigration enforce- were it not for the families of 9/11 vic- carried us through. And when others ment—this bill includes provisions to tims. They turned our national tragedy threw roadblocks in their path, it was enhance security of our borders and en- into meaningful reform. They have in- their patience and perseverance that force border and immigration laws. It spired us, even as they have helped allowed us to come together and put allows the Secretary of Homeland Se- make us safer. This bill is also a testa- the safety and security of our nation curity to carry out a pilot program to ment to the incredible work of the 9/11 Commission. Under the steady leader- before politics. test advanced technologies that will I especially commend the September improve border security between ports ship of former New Jersey Governor 11 families who bravely stood up and of entry along the northern border of Tom Kean and former Representative Lee Hamilton, the bipartisan commis- spoke out in favor of creating the Com- the United States. These technologies sion put our Nation’s safety ahead of mission. They forced our Government would be used for border surveillance politics. The Commission brought the to fully examine the terrorist attacks and operation in remote stretches country together in understanding the and to find ways to make our people along the border where resources are attacks of 9/11 and the events that pre- safer. Their brave advocacy has made a stretched thin. ceded the attacks. Through its public difference, and this bill is a fitting Since the tragedy of September 11, hearings and transparent approach, tribute to their loved ones. Congress has passed strong legislation they also rallied the country behind As a member of both the Homeland to protect the homeland only to see the the hard, but critical work of intel- Security Appropriations Subcommittee President fail to request adequate ligence reform. and the Senate’s 9/11 Working Group, I funding to achieve the homeland secu- The bill itself will not, however, have looked closely at these chal- rity mission. We can not play home- make us safer, unless it is fully imple- lenges. Over the past few years, I have land security roulette forever and ex- mented in letter and spirit. The success worked closely with the Department of pect to successfully defeat terrorism. of these reforms is also dependent on Homeland Security, including the To best protect the American people, the people tasked with carrying them Coast Guard, FBI, TSA, Border Patrol, we must fund our intelligence and out. As a new member of the Senate In- as well as the National Guard and local homeland security efforts to swiftly telligence Committee, I will make sure law enforcement throughout Wash- implement these changes. that the bill is implemented as in- ington State. Through our work to- Today’s action is an important step tended, that our intelligence commu- gether, I have learned first hand the toward achieving a truly integrated na- nity has the tools and resources to pro- difficulties they face every day in de- tional effort in the global war on ter- tect us, and that reforming our intel- fending our country. ror. This bill makes significant ligence does not result in the infringe- We need clear direction for our coun- changes necessary to meet current and ment of our civil liberties. I will also try’s intelligence community. The future national security challenges. ensure that our intelligence agencies Commissioners stressed better coordi- I am proud to support this historic are led by the best people our country nation between the various intel- legislation, and I look forward to work- has to offer. ligence agencies, and this bill accom- ing with all of my colleagues in the Mr. BIDEN. Mr. president, I wish to plishes that and so many other impor- Congress and the administration to speak briefly about section 7109 of the tant goals. I am glad that in the same provide the critical funding needed to bill, which relates to public diplomacy bipartisan spirit that the 9/11 Commis- achieve the homeland security mission. responsibilities of the Department of sion showed throughout their work, we Mr. CORZINE. Mr. President, I am State. I commend the conferees for set- in Congress were able to work through pleased today to vote for the Intel- ting forth the important statement our differences to pass this most im- ligence Reform and Terrorism Preven- that public diplomacy must be integral portant reform bill. tion Act of 2004. The bill represents a to American foreign policy. I don’t I fully support the steps this bill in critical step toward improving our in- have any doubt that Secretary Powell taking in several areas, including: telligence capabilities. If faithfully im- understands that fact, but it is worth Intelligence—through the creation of plemented, it will allow our intel- codifying this statement in law. a Director of National Intelligence, ligence community to coordinate its Section 7109 adds a new section 60 to DNI, this bill restructures and efforts to thwart terrorism and defeat the State Department Basic Authori- strengthens the intelligence commu- terrorists abroad. The establishment of ties Act of 1956, which, as the name im- nity. The DNI will have the authority a Director of National Intelligence is plies, is the main operating statute for and resources to transform the intel- also necessary if we are to successfully State Department activities. Sub- ligence community into an agile net- prioritize our efforts to fight terrorism, section (b) of section 60 instructs the work to fight terrorism. confront threats from nation states, Secretary of State to make every ef- Information sharing—the 9/11 Com- stabilize failed states that act as breed- fort to coordinate the public diplomacy mission recommended a new, Govern- ing grounds for terrorists, and stop the activities of the Federal Government, ment-wide approach to information proliferation of nuclear and other dan- and to coordinate with the Broad- sharing. This bill will facilitate infor- gerous weapons. The Director will also casting Board of Governors to develop

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25826 CONGRESSIONAL RECORD—SENATE December 8, 2004 a strategy ‘‘for the use of public diplo- ommendations, as I think do most of us cial places, is disturbingly vague—pro- macy resources.’’ here in the Senate. The Commission vides that the DNI will not in practice The Broadcasting Board of Gov- was a bipartisan group whose members head up the intelligence pyramid pro- ernors, BBG, is an agency that is sepa- dutifully dedicated well over a year of viding recommendations to the Presi- rate and distinct from the Department their lives to the protection of our Na- dent. of State. It was established as a sepa- tion. We owe them a great debt of grat- Instead, the DNI will now have com- rate agency in 1998 for an important itude—not only for the hard work that petition from the CIA Director, as well reason: to place a ‘‘firewall’’ between went into preparing their report, but as the Director of the newly created the foreign policy makers and the jour- for their concerted effort since then to National counterterrorism Center— nalists who operate our international keep the issue of intelligence reform at both of whom will be presidential ap- broadcast services as a means of pro- the front of the national agenda. pointees requiring confirmation by the tecting journalistic integrity. The But as we all know, many months Senate. Rather than simplification and Board consists of nine members, one of have passed since the 9/11 Commission consolidation, it is possible that this whom is the Secretary of State. Of issued its report. And our Nation’s in- could have the effect of creating new course, the two agencies do cooperate, telligence system remains broken. bureaucracies and increasing confu- as current law already instructs. The That is not because the Senate failed sion. State Department has a voice in the to act. I was pleased in October when We should remember that among the Board’s activities through the Sec- the Senate came together in a bipar- purposes of creating a DNI was to con- retary’s seat on the Board, and the De- tisan fashion to pass the National In- solidate intelligence coordination ef- partment has a statutory mandate telligence Reform Act of 2004, which forts in one person who could craft a under the U.S. International Broad- closely followed the important rec- suitable budget, ensure sharing of in- casting Act of 1994 to provide ‘‘infor- ommendations of the 9/11 Commission. formation among agencies, and con- mation and guidance on foreign policy I strongly supported that bill. solidate information for presentation issues to the Board.’’ And, by law, the Had the House’s version of that bill to the President. It is by no means cer- Secretary must be consulted whenever followed the 9/11 Commission’s rec- tain that this purpose will be achieved decisions are made about adding or de- ommendations as closely as the Sen- by this legislation. leting language services. ate’s version, we would not have been Second, although the DNI would have The requirement for a strategy under here today talking about the lingering control over much of America’s total section 60 must be read in light of this need to pass intelligence reform. Un- intelligence budget—roughly $40 bil- existing law. It does not breach the fortunately, House Republicans in- lion—he or she would not have control firewall. Rather, it recognizes the re- cluded several provisions in their bill— over approximately 30 percent of this ality that creating a public diplomacy and insisted on them during con- total, including certain tactical mili- strategy for the Government will in- ference—that nearly derailed the en- tary intelligence operations. The De- volve collaboration between the State tire effort. partment of Defense, DOD, would re- Department and the BBG. The provi- The 9/11 Commission urged them to tain control over those operations and sion in this legislation does not give drop these provisions. But their pleas funds. the Secretary any more authority with fell on deaf ears. Why is this a problem? Because these regard to the international broad- President Bush was also slow to DOD intelligence collection agencies casting activities of the BBG than he react. Although he has professed his provide three-quarters of our Nation’s has under current law, nor does it give support for intelligence reform, during military and international intel- the BBG any authority over other pub- most of this time, the President sat on ligence. Leaving aside operational con- lic diplomacy activities outside of the sidelines as members of his own trol, if the DNI doesn’t have budgetary international broadcasting. party nearly prevented its implementa- authority over three-quarters of some Subsection (b) of section 7109 amends tion. of our most important intelligence ac- current law to further delineate the re- Having said that, I am pleased that tivities, how will that person be able to sponsibilities of the Under Secretary of House-Senate conferees worked out effectively carry out their job of pro- State for Public Diplomacy. Among their differences over this measure. I tecting the American people? other things, this subsection tells the voted in support of this conference Also of concern are provisions which Under Secretary to assist the Broad- agreement a short while ago because could affect Americans’ civil liberties. casting Board of Governors to ‘‘present reform of our intelligence systems is For example, this bill will create an the policies of the United States clear- long overdue. It can not be put off any FBI intelligence directorate, and it ly and effectively,’’ and to ‘‘submit longer. will require the FBI to specifically statements of United States policy and In part, this bill achieves some im- train and dedicate a group of its agents editorial material to the [BBG] for portant objectives set out by the 9/11 to gather domestic intelligence against broadcast consideration.’’ These provi- Commission. It establishes the position suspected terrorists. Obviously, we sions are consistent with the current of Director of National Intelligence, need to prevent terrorists from reach- practice under which editorial state- DNI, the person who, hopefully, will ing our shores and root them out if and ments of U.S. policy are reviewed by help coordinate the flow of intelligence when they are here. But we will have the Department of State. The language to the President, as well as set budg- to keep close watch to ensure that in the bill that material is to be sub- etary priorities for a fair amount of Americans’ civil liberties are not vio- mitted for ‘‘broadcast consideration’’ our Nation’s intelligence activities. lated as part of these efforts. makes clear that final authority about Among other things, this bill will also That is why I am so concerned that what is to be broadcast rests with the establish a national counterterrorism although this legislation creates a BBG. center, and direct the Transportation panel to protect civil liberties and to Mr. DODD. Mr. President, I rise Security Administration to take steps prevent privacy abuses, this panel will today to speak about the conference re- to strengthen our transportation secu- not have subpoena power, and its mem- port of the national intelligence reform rity efforts. bers will serve at the pleasure of the bill, which is currently pending before But I also have strong reservations President. This situation calls into this body. I would like first to com- about certain aspects of this con- question whether, in practice, the mend Senators COLLINS and ference report. panel will be able to fulfill its role of LIEBERMAN, as well as Representatives First, the new Director of National protecting Americans from the ex- HOEKSTRA and HARMAN, for their ef- Intelligence, DNI, would not be di- cesses of power exercised by their Gov- forts in crafting this legislation. rectly in charge of day-to-day intel- ernment. Let me be clear from the outset. I ligence-gathering operations. Indeed, Despite these reservations, I voted in support the 9/11 Commission’s rec- this bill—whose language, in some cru- support of this conference report. We

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25827 have already waited too long—3 years community and insures that there is a While I look forward to a productive and 3 months—and the process of intel- high level official, answerable to the debate on immigration issues in the ligence reform must begin. This legis- President, who is working to insure next Congress, I am pleased that there lation is a beginning. that our intelligence agencies are shar- are a number of key immigration re- The tragedy of 9/11 continues to echo ing information and communicating form provisions in this legislation, in- today with each family that lost a with one another. cluding those addressing the process of loved one that horrible day. No legisla- This legislation gives the DNI budget obtaining U.S. visas. tive reforms can alleviate that loss or authority over the intelligence com- I am also pleased that the legislation wash away the heart-wrenching pain munity which will allow him or her to addresses the root causes of terrorism felt by these families. But if done exercise proper control over the coordi- in a proactive manner. This is an issue right, reforms might help prevent an- nation among agencies. In Washington, that I have spent a good deal of time other such tragedy from happening budget authority means real authority on in the past year because I believe so again. and strengthening the DNI is a major strongly that we are all more secure That is why I would also offer a word accomplishment of this bill. He or she when children and adults around the of advice to the administration, to the will also be responsible for budget exe- world are taught math and science in- officials who are eventually confirmed cution and have the authority to repro- stead of hate. The bill we are voting on for these posts, and to those whose jobs gram funds and transfer personnel. today includes authorization for an will be to root out terrorists within our These powers will allow the DNI to es- International Youth Opportunity borders. The American people will be tablish objectives and priorities for the Fund, which will provide resources to watching you, as will Congress. And to- intelligence community and manage build schools in Muslim countries. The gether, we will make every effort to en- and direct tasking of collection, anal- legislation also acknowledges that the sure that the process of reform con- ysis, production, and dissemination of U.S. has a vested interest in commit- tinues and that Americans’ constitu- national intelligence. ting to a long-term, sustainable invest- tionally guaranteed rights are pro- This legislation also establishes a ment in education around the globe. tected. Privacy and Civil Liberties Oversight Some of this language is modeled on Mrs. CLINTON. Mr. President, today Board, as the 9/11 Commission rec- legislation that I introduced in Sep- is a historic day. We are coming to the ommended. The creation of this Board tember, the Education for All Act of end of a process that began imme- is intended to ensure that at the same 2004, and I believe it takes us a small diately after the September 11 attacks time we enhance our Nation’s intel- step towards eliminating madrassas and is ending with a historic reorga- ligence and homeland defense capabili- and replacing them with schools that nization of the intelligence commu- ties, we also remain vigilant in pro- provide a real education to all chil- nity. Today’s vote, coming after tecting the civil liberties of Americans. dren. months of testimony before the 9/11 Our civil liberties define us as Ameri- But we are being shortsighted if we Commission, weeks of hearings on Cap- cans. As the 9/11 Commission said, limit our educational investments to itol Hill and tough negotiations in Con- ‘‘Our history has shown us that insecu- countries with predominantly Muslim gress, represents a signal accomplish- rity threatens liberty. Yet, if our lib- populations, and if we focus solely on ment in reforming our government to erties are curtailed, we lose the values expanding the number of U.S.-run protect our homeland and fighting the that we are struggling to defend.’’ The schools in these areas, as the Intel- war on terror. conference report being considered ligence Reform and Terrorism Preven- Today’s accomplishment, the Intel- today essentially charges the Board tion Act does. Instead, the U.S. should ligence Reform and Terrorism Preven- with primary executive branch respon- work with the global community to tion Act of 2004, would not have been sibility for ensuring that privacy and create strong incentives for developing possible without the courage, dedica- civil liberty concerns will be appro- countries to build universal, public tion and hard work of the families of priately considered in the implementa- education systems of their own. Only the victims of September 11. It was the tion of provisions designed to protect then will our investments have the persistence and resilience of these us against terrorism. While the legisla- maximum impact because only then brave family members who lost their tion that initially passed the Senate will they result in systemic change. loved ones on September 11 that led to explicitly provided the Board with sub- We do not know where the next Af- the creation of the 9/11 Commission. poena powers, the conference report ghanistan will spring up, but we do And it was their continued resolve that that we are voting on today does not. know that extremism will flourish helped to keep the heat on Congress to That omission is unfortunate, and I where educational systems fail. insure that those recommendations will work with my colleagues in Con- The 9/11 Commission, and the com- were put into law. While not every rec- gress to address this issue and provide missions before it, including the Home- ommendation of the 9/11 Commission is such powers in the future, so that the land Security Independent Task Force included in this bill, the bill makes his- Board will have the tools it will need of the Council on Foreign Relations, toric changes in the way our govern- to help us maintain the proper balance chaired by former Senators Warren ment will collect and analyze intel- between our Nation’s security and our Rudman and Gary Hart—Hart-Rudman ligence so that we hopefully never liberties. Commission—and the Advisory Panel again have to live through a day like The legislation calls for dramatic im- to Assess Domestic Response Capabili- September 11. provements in the security of our Na- ties for Terrorism Involving Weapons In the aftermath of September 11, tion’s transportation infrastructure, of Mass Destruction, chaired by former and as the 9/11 Commission report so including aviation security, air cargo Gov. James Gilmore III—Gilmore Com- aptly demonstrates, it is clear that our security, and port security. Through mission—called for dramatic improve- intelligence system is not working the this legislation, the security of the ments in the sharing of intelligence in- way that it should. The Commission re- northern border will also be improved, formation. In the immediate aftermath port, following on the work of prior a goal I have worked toward since 2001. of the 9/11 terrorist attacks, I worked commissions that have studied the Among many key provisions, the legis- with a number of my colleagues bipar- issue, details how we have 15 different lation calls for an increase of at least tisan basis in focusing on the need for intelligence agencies who are not shar- 10,000 border patrol agents from fiscal greater sharing of terrorist-related in- ing information, not communicating years 2006 through 2010, many of whom formation between and among Federal, with one another and missing impor- will be dedicated specifically to our State and local government agencies. tant linkages. This legislation, through northern border. There will also be an The sharing of critical intelligence in- the creation of a Director of National increase of at least 4,000 full-time im- formation is vitally important if we Intelligence, DNI, breaks down the ar- migration and Customs enforcement are to win the war against terrorism. tificial barriers in the intelligence officers in the next 5 years. We need to ensure that our frontline

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25828 CONGRESSIONAL RECORD—SENATE December 8, 2004 solders in the war against terrorism allocating the majority of federal and appreciate the hard work in sup- here at home—our local communities homeland security resources, i.e., on a port of that objective of those Senate and our first responders—are as in- per capita basis alone, must be and House Members who have worked formed as possible about any possible changed. on the problem. threat so that they can do the best job Not only did the 9/11 Commission rec- Nonetheless, I have mixed feelings possible to protect all Americans. I am ommend that such changes be made in about this legislation. I am neither pleased that this legislation mandates how Federal homeland security funds convinced that it will fix the core prob- major improvements in this regard. are allocated, but commissions before lems in our intelligence community, Contained in title VII of the act are it, such as the Rudman Commission, nor that it will do no harm. Particu- provisions from the 9/11 Commission have strongly recommended it as well. larly in time of war, prudence demands Implementation Act of 2004, legislation Indeed, the Rudman Commission stated Congress fully understand the con- introduced by Senators MCCAIN and more than a year and a half ago that sequences, both positive and negative, LIEBERMAN and for which I am proud to ‘‘Congress should establish a system of its actions, and be cautious about have been an original cosponsor. for allocating scarce resources based mandatory change. At the same time, Among its provisions are those that ad- less on dividing the spoils and more on there are some positive reforms that dress homeland security preparedness, addressing identified threats and can be easily implemented. I note the including a call for a unified incident vulnerabilities.... To do this, the fed- inclusion in the conference report of a command system and significantly en- eral government should consider such number of much-needed provisions, hancing interoperable communications factors as population, population den- which will help to ensure we have the between and among first responders sity, vulnerability assessment, and legal authorities and resources we need and all levels of government. Title VII presence of critical infrastructure to effectively fight terror. In fact, title also speaks to the need for allocation within each state.’’ VI includes about half of the provisions of additional spectrum for first re- Both the Senate and House-passed in- of the Tools to Fight Terrorism Act, S. sponder needs and to assess strategies telligence reform bills that were rec- 2679, an omnibus antiterrorism bill that may be used to meet public safety onciled in this conference report con- that I introduced earlier this year with telecommunication needs, an issue tained language that sought to effec- several other members of the Judiciary that I have focused on intensely as co- tuate this important recommendation Committee and Senate leadership. chair of the E–911 Caucus. but, unfortunately, such language was This is the second time the intel- I am extremely disappointed, how- not included in the conference report. ligence reform measure comes before ever, that this legislation does not spe- As the 9/11 Commission, Rudman Com- the Senate. We previously considered cifically mandate an improvement in mission, many other homeland secu- the Senate version in October, prior to how the Federal Government allocates rity experts, and I have repeatedly as- the Presidential election. I voted for it critical homeland security funds to serted, there are few issues more im- to ensure a modified version could be States and local communities around portant to our nation’s homeland de- worked out in conference, and, in the the country. As many of my colleagues fense than homeland security prepared- interest of allowing it to move quickly, know, I have repeatedly called upon ness and the proper allocation of the withdrew an amendment on privacy the administration and my colleagues resources to achieve that preparedness. and civil liberties oversight about to implement threatbased homeland Therefore, I will continue to work as which I felt very strongly. I did so with security funding to ensure that the hard as I can with my colleagues on a great reservations because of the many homeland security resources go to the bi-partisan basis to make the 9/11 Com- deficiencies in the Senate bill, but was States and areas where they are needed mission’s call for threat and risk-based assured that my concerns would be ad- most. I have introduced legislation in funding a reality. dressed in the House-Senate con- this regard and even developed a spe- At the end of the day, this legislation ference. I know that a number of my cific homeland security formula for ad- has the capacity to improve our secu- Senate colleagues voted for the bill ministration officials to consider. rity and make us safer. I would espe- with a similar understanding. But threat-based funding is not only cially like to note the dogged persist- Unfortunately, I don’t believe that important to me and to the New York- ence of Senators COLLINS and some of the commitments to address ers whom I represent; it was also a pri- LIEBERMAN, who were unflinching in Members’ concerns were fully honored, mary recommendation of the 9/11 Com- their work on this important bill. How- and I regret that our vote for the bill mission. Specifically, in its report, the ever, passage of this legislation is just was used by Senate conferees to sug- Commission stated: the beginning. We have now given our gest almost unanimous Senate support in order to influence House conferees We understand the contention that every Government the tools to make a dif- state and city needs to have some minimum ference. But as with anything in our to support the Senate version. The infrastructure for emergency response. But system, success depends on the inde- Senator from Maine said the following federal homeland security assistance should pendence and accountability of those on October 20: ‘‘I’m very proud of the not remain a program for general revenue appointed to carry out these reforms. fact that the Senate produced a bill sharing. It should supplement state and local It is critical that the American people, that passed with only two dissenting resources based on the risks or vulnerability and we in Congress, insist upon ac- votes, and I hope that we can likewise that merit additional support. Congress countability from those whom we are produce a product from this conference should not use this money as a pork barrel. asking to implement these reforms. I that will be signed into law shortly.’’ The 9/11 Commission also rec- look forward to working with my col- In retrospect, it would have been better ommended that an advisory committee leagues in the Senate in that effort. to have voted against the flawed Sen- be established to advise the Secretary Once again, thank you to the 9/11 ate bill so House conferees would have on any additional factors the Secretary families, the 9/11 Commission and all understood that it did not enjoy uni- should consider, such as benchmarks those who have worked to make this versal support. for evaluating community homeland legislation a reality. Now the hard Over the last 2 months, I pressed my security needs. As to these bench- work of implementing these reforms case on privacy and civil liberties over- marks, the Commission stated that begins. sight and other issues with the Mem- ‘‘the benchmarks will be imperfect and Mr. KYL. Mr. President, today we bers of the conference committee, the subjective, they will continually vote on the conference report on the White House, and others. I know that evolve. But hard choices must be made. intelligence reform bill, S. 2845/H.R. 10. some of my colleagues have done the Those who would allocate money on a As did the House, we will approve it same. I have studied carefully the final different basis should then defend their and send it on to the President for his product on which we will vote, and, view of the national interest.’’ In signature. though some changes have been made, short, the Commission made unequivo- I strongly believe that our intel- I still have serious reservations that I cally clear that the current method of ligence community must be reformed will discuss today.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25829 To summarize: Regarding the central gress to begin a new process next year support to military operations would be im- thrust of the bill, reorganization does to pursue intelligence reform, rather proved for future conflicts. It was General not necessarily equal reform. This bill than rush to pass legislation this year. Schwartzkopf’s view that the national intel- does reorganize; but it remains to be The Wall Street Journal in a November ligence support during Desert Storm was not adequate. Now, as we’ve seen from the suc- seen whether this reorganization will 22 editorial commented: ‘‘If this reform cess of our military operations in Afghani- improve or damage the system we cur- is really so vital, it will get done, but stan, Iraq, and the broader War on Terror, rently have in place that gets timely better to do it in a more considered ‘‘gaps and seams,’’ as Secretary Rumsfeld re- intelligence to our warfighters on the fashion next year.’’ Similarly, in re- fers to them, have been drastically reduced. ground. Second, though some changes sponse to Congress not considering the General Myers, Chairman of the Joint have been made to the language origi- conference report before Thanksgiving, Chiefs of Staff, also expressed his concerns nally adopted by the Senate, I continue the Washington Post ran an editorial on the subject during his testimony to the Senate Armed Services Committee, stating: to have serious concerns about the ef- which stated: ‘‘. . . the legislation’s ‘‘. . . for the warfighter, from the combat- fect of the privacy and civil liberties failure strikes us as a benefit. More ant commander down to the private on pa- oversight provisions on the ability of time and more careful deliberation is trol, timely, accurate intelligence is lit- our intelligence officers to perform needed before such sweeping changes erally a life and death matter every day. . . . their missions. I am concerned that the are enacted.’’ And the Washington As we move forward, we cannot create any manner in which this oversight will be Times ran an editorial on November 30 institutional barriers between intelligence conducted will exacerbate the problem which advised: ‘‘Intelligence reform is agencies—and of course that would include of risk aversion identified by the 9/11 necessary, and reasonable people can the National Security Agency, the National Geospacial-Intelligence Agency, and the Na- Commission and the Congressional in- disagree on what constitutes a good tional Reconnaissance office and the rest of quiry on the 9/11 attacks. Third, while bill without being insulted. Rather the warfighting team.’’ I am pleased that some House provi- than getting it now, we urge Congress I am concerned that the reorganization sions to reform immigration, as well as to focus on getting it right.’’ package before the Senate places this effec- a provision I offered as an amendment I don’t believe we can say with rea- tive system in jeopardy. to the Senate bill, were included in the sonable certainty that we are getting In S. 2485, the NSA, NGA, and NRO remain final conference report, I am very dis- it right. In large part, this conference within DOD; but this is somewhat deceiving. These national collection agencies will also appointed that we have passed up an report sets up a new bureaucratic be within the newly defined ‘‘National Intel- opportunity to do more in this area to structure. It does not, however, tackle ligence Program.’’ The Committee-reported protect our country. the more difficult issue of resolving bill would essentially remove the Secretary Fourth, while noting my concerns cultural problems within the intel- of Defense from any meaningful manage- about the intelligence reorganization ligence community, including risk ment role over these agencies. portion of this conference report, I do aversion, group think, and a failure of First, the National Intelligence Director want to recognize the inclusion of some leadership. These problems, along with would have the authority to appoint the important provisions from my Tools to other matters, like immigration re- heads of these agencies, albeit with the con- Fight Terrorism Act. currence of the Secretary of Defense. What form and legal tools and resources for makes this unusual and potentially problem- During the debate on the Senate fighting terror, all identified by the atic? Well, consider the fact that the Direc- version of the intelligence reform bill, 9/11 Commission, must be addressed if tor of the National Security Agency, a Gen- I discussed in detail the shortcomings we are to improve our ability to pre- eral Officer, is dual-hatted as the Deputy of the 9/11 Commission’s recommenda- dict and prevent future terrorist at- Commander for Network Attack, Planning, tions, on which that bill and this con- tacks. Indeed, those who say that this and Integration at Strategic Command, or ference report are based. Former Sec- bill is needed to prevent another 9/11 that the Director of the National Reconnais- retary of Defense James Schlesinger can no more guarantee that result than sance Office also serves as an Under Sec- aptly summarized what I believe to be retary of the Air Force. These positions those who advocate the status quo, rea- truly support the mission of the Defense De- the key problem: ‘‘[The Commission] son being that neither scenario really partment. has . . . proposed a substantial reorga- gets at the core issues. Second, the National Intelligence Director nization of the intelligence commu- Additionally, and as I already men- would have the authority to execute the nity—changes that do not logically tioned, we should be mindful of the fact budgets of these agencies. It is one thing to flow from the problems that the Com- that we are making drastic changes to say that the NID should manage the entire mission identified in its narrative.’’ the structure of our intelligence com- budget for the National Intelligence Pro- A number of former officials also munity and the process by which it op- gram, and, therefore, to help develop agen- cies’ budgets and even receive their appro- cautioned Congress from acting hastily erates, while our country is fighting a to pass legislation without a complete priation. It is quite another to altogether re- war. I discussed these concerns on the move the Secretary of Defense from the loop understanding of the problems. For ex- floor of the Senate during the floor de- by requiring that the NID suballocate fund- ample, the Center for Strategic and bate on S. 2845, the Senate version of ing directly back to the agencies. This effec- International Studies released a state- the intelligence bill, stating: tively removes the Secretary from the man- ment before the original Senate vote In his testimony, Secretary Rumsfeld dis- agement loop. on S. 2845, which warned: ‘‘Rushing in cussed in detail his concerns about how in- I have studied the Defense Secretary’s tes- with solutions before we understand all telligence community reorganization could timony to the Senate Armed Services Com- of the problems is a recipe for failure.’’ potentially adversely affect the Defense De- mittee, as well as the testimony of other ex- partment. He expressed his strong reserva- perts. I am also aware that there were some The statement was endorsed by: former good amendments in the Committee mark- Senators David Boren, Bill Bradley, tions about the national collection agen- cies—the NSA, NGA, and NRO—being re- up to help preserve the Defense Depart- Gary Hart, Sam Nunn, and Warren ment’s equities. But I am still not convinced Rudman; former Secretaries of Defense moved from the Defense Department (where they are now located) and aligned under the that we are doing no harm. As General Myers Frank Carlucci and William Cohen; direct leadership of the National Intelligence commented during the course of the Senate former Deputy Secretary of Defense Director. He stated: Armed Services Committee’s discussion on John Hamre; former Director of Cen- ‘‘We wouldn’t want to place new barriers the subject, ‘‘[T]he devil’s in the details.’’ tral Intelligence Robert Gates; former or filters between the military Combatant The chairmen of the House and Sen- Secretary of State and National Secu- Commanders and those agencies when they ate Armed Services Committees, as rity Advisor Henry Kissinger; and perform as combat support agencies. It well as other Members of the House former Secretary of State George would be a major step to separate these key and Senate, have played a vitally im- agencies from the military Combatant Com- portant role in conference negotiations Shultz. manders, which are the major users of such In recent weeks, the editorial pages capabilities.’’ to make sure that intelligence support of several major papers, while not nec- The Defense Department worked tirelessly to our combatant commanders will not essarily sharing the same substantive in the decade after the first Gulf War to en- be disrupted. They worked tirelessly to positions, have strongly urged Con- sure that the speed and scope of intelligence see that changes, some of which the

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25830 CONGRESSIONAL RECORD—SENATE December 8, 2004 Chairman of the Joint Chiefs of Staff lenge decisions after the fact. The Pri- officers within the office of the Na- said were needed, would be included in vacy and Civil Liberties Oversight tional Director of Intelligence respon- the conference report. I applaud their Board included in the Senate bill is sible for privacy and civil liberties efforts, and appreciate the changes just such an institution. oversight, and altered the power of the that conferees were willing to make. I introduced an amendment to the Privacy and Civil Liberties Oversight Many of the potential defense-related Senate bill which would have modified Board by eliminating subpoena author- pitfalls of the reorganization that I dis- the privacy and civil liberties over- ity and the Board’s authority to com- cussed in the context of the Senate bill sight provisions because I strongly be- pel executive branch compliance with have been improved upon. One crucial lieved that the bill would have exacer- its requests. change is the following provision in- bated the problem of risk aversion by In the interest of allowing the intel- tended to ensure that the military creating a redundant oversight bu- ligence bill to move forward quickly chain of command is protected: ‘‘The reaucracy and an unaccountable over- through the Senate, and noting that President shall issue guidelines to en- sight Board with inappropriate author- the House bill’s provisions on the sub- sure the effective implementation and ity over Government officials and pri- ject were more reasonable, I withdrew execution within the executive branch vate individuals. The bill went far be- this amendment with a verbal under- of the authorities granted to the Direc- yond the recommendation of the 9/11 standing that my concerns would be tor of National Intelligence by this Commission, which was to create an addressed in the House-Senate con- title and the amendments made by this executive branch board to oversee pri- ference. I pressed my case firmly in title, in a manner that respects and vacy and civil liberties and advise the writing with the conferees, outlining does not abrogate the statutory re- President. The President created such my concerns and suggesting various sponsibilities of the heads of the de- a board through Executive order in Au- ‘‘fixes.’’ partments of the United States Gov- gust. Some improvements have been made ernment concerning such departments In summary, the Senate bill would in the conference report. For example, . . .’’ have established: two officers within the conference report consolidates the Despite the improvements that have the National Intelligence Authority, positions within the office of the Na- been made, and the protections that one responsible for privacy, the other tional Director of Intelligence respon- have been added, I still believe that we for civil rights and civil liberties; an sible for privacy and civil liberties simply don’t know for sure how the inspector general within the National oversight into one. But the authorities changes we are making will affect the Intelligence Authority, who, in part, of the Privacy and Civil Liberties Over- system we currently have in place to would monitor and inform the National sight Board, which was contained in support our men and women in uni- Intelligence Director of any violations the Senate bill but not in the House form. For that reason, we must commit of civil liberties and privacy; an Om- bill, remain problematic. Subpoena au- to carefully monitor this legislation’s budsman within the National Intel- thority over private individuals, which implementation, specifically, the DNI’s ligence Authority to protect against would have been entirely inappro- authority to transfer military per- so-called ‘‘politicization’’ of intel- priate, particularly given the location sonnel within the National Intelligence ligence; a Privacy and Civil Liberties of the Board in the Executive Office of Program, authority to reprogram and Oversight Board with extensive inves- the President, was removed, and the transfer funds, and the role of the DNI tigative authorities; and privacy and Board will now be accountable to the in intelligence acquisition programs civil liberties officers within the De- President. But the authority to compel managed largely by the Defense De- partments of Justice, Defense, State, executive branch compliance with partment—and be prepared to make Treasury, Health and Human Services, Board requests remains. And this is the changes if necessary. and Homeland Security, the National real problem. Perhaps the key concern I have with Intelligence Authority, the Central In- Departments and agencies are re- this conference report is its privacy telligence Agency, and any other de- quired to comply with any Board re- and civil liberties oversight provisions, partment, agency, or element of the quest unless a waiver is exercised by which are totally extraneous to any Executive Branch designated by the the National Director of Intelligence or problem related to 9/11 and will exacer- Privacy and Civil Liberties Oversight the Attorney General. This places an bate the cultural problems in the intel- Board to be appropriate for coverage. additional burden on two key officials, ligence community, in particular, the While I believe that privacy and civil whose attention should be directed to- problem of risk aversion. liberties should be protected, I do not ward other issues, including preventing Risk aversion, which plays out not believe that oversight should be con- a future terrorist attack. It also will only in the intelligence community, ducted in a manner that causes intel- likely foster an environment in which but also in foreign policy decision- ligence officers to be more worried our intelligence officers are increas- making, economics, business invest- about getting into trouble than about ingly cautious, or risk averse, about ments, and so on, is the tendency to performing their missions. The ques- completing the very tasks that are re- avoid action which might be criticized tion is whose civil liberties are jeop- quired to fulfill their missions. Just be- after the fact because of a poor out- ardized by improvement of our intel- cause a Board request to a Depart- come. There are many potential causes ligence capabilities? The Taliban? Al- ment-head does not necessarily rise to a particular action might have adverse, Qaida? Saddam Hussein? Not American the level of reasonably exercising a unintended consequences, might get citizens. The attacks of 9/11 were not waiver does not mean that it does not one into trouble with one’s superiors, caused by civil liberty deprivation; but act as a deterrent or a distraction to or might simply draw unwanted atten- by inadequate intelligence and immi- those serving honorably in the intel- tion. When an individual or a Govern- gration law deficiencies. So why hobble ligence community. ment acts, there is always a calcula- intelligence capabilities because of a Consider this example: The Inter- tion of risk; but some Governments perceived problem that has never been national Red Cross complains that ter- and some individuals are more willing identified and was in no way involved rorists captured in Pakistan are treat- to take chances than others. This is a in the 9/11 attacks? To the extent there ed poorly and convinces the Civil Lib- product of both leadership and environ- is concern about laws such as the Pa- erties Board to investigate. The Board ment. Risk aversion has contributed to triot Act, they can be dealt with in the demands that our CIA station chief in numerous intelligence failures, includ- reauthorization of that Act. Such con- Pakistan testify about what he knows. ing the September 11 attacks, accord- cerns have nothing to do with intel- The DNI demurs on grounds of national ing to the 9/11 Commission. ligence reorganization. security, or doesn’t. The hue and cry One contributor to risk aversion is My amendment would have elimi- about ‘‘secrecy’’ and ‘‘cover-up’’ cause the belief that third parties, including nated some of the redundancy, for ex- the DNI to allow the Board to interro- congressional committees, will chal- ample, by paring back the number of gate the CIA official. Can anyone deny

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25831 the national security implications, let gers. This conference measure rep- it was eliminated from the conference alone the resulting risk aversion that resents one example. measure. would settle into the entire intel- There is no real substantive reason Additionally, the Ninth Circuit has ligence community? It would be disas- that these important provisions, which been granting asylum to applicants on trous. were described as immigration reforms the basis that their government be- I intend to monitor closely the ac- but can also be accurately be described lieves they are terrorists, and, there- tion of this Board once it is put into as counterterrorism measures, should fore, they deserve asylum because they place to ensure that its investigations not have been included in the final bill. are being persecuted on account of the and public reporting requirements do The primary goal of this legislation, is political beliefs of the relevant ter- not adversely affect our intelligence to better enable the U.S. Government rorist organization. The House-passed community, and will urge further limi- to prevent future terrorist attacks like bill overturned this precedent and tations on its authority. Fighting ter- that which occurred on 9/11. Many of would have required aliens to show rorists abroad means spying, gathering the House-passed immigration provi- they qualify for asylum based upon the intelligence. Civil liberties for terror- sions ultimately excluded from the currently protected grounds for receiv- ists should not be high on the list of final conference report would have en- ing such, but conference negotiators U.S. reforms for intelligence collec- hanced the Government’s ability to refused to accept this provision. tion. Again, 9/11 was caused by intel- prevent entry of, and find, terrorists Instead, what the final version of the ligence failures, not insufficient atten- who wish harm to our country. bill included is a Government Account- tion to terrorists’ civil rights. A sense The public and media debate about ability Office, GAO, study on the weak- of perspective would have eliminated immigration reform and the intel- nesses in the U.S. asylum system that the most egregious features of the con- ligence conference report has focused have been exploited by aliens con- ference report. on driver’s license standards and nected to terrorism. The House version of the bill in- With regard to the immigration pro- whether States should be prevented cluded a provision to close an existing visions included, or not included, in the from issuing such documents to illegal loophole in immigration law that al- final bill, I am pleased that a provision aliens. The answer is unequivocally lows foreign nationals whose visas or I authored requiring mandatory inter- yes, and I will discuss this matter other travel documents have been re- views for non-immigrant visa appli- again. There are additional important voked by the State Department on ter- cants was retained. I am also pleased immigration/terrorism reforms that rorism grounds, to remain in the that some other immigration reform the conference negotiators refused to United States until their visa, or DHS- provisions were included in the con- accept, and by doing so, I believe the approved time here, expires, despite ference report, including an authoriza- bill was seriously, dangerously weak- the revocation. The current conference tion for an increase in Border Patrol ened. I will mention only a handful of report retains that provision, which agents by 2,000 in each of fiscal years them. makes revocation of a visa on ter- 2006–2010; an increase of Immigration Importantly, the House-passed bill rorism grounds a legal ground for the included a section that would have re- and Customs Enforcement agents by deportation of the visa holder. How- quired aliens in the United States to 800 in each of fiscal years 2006–2010; an ever, the conferees created another increase in detention beds by 8,000 in use only a Department of Justice- or loophole through which a potential ter- each of fiscal years 2006–2010, with pri- Department of Homeland Security- rorist could remain in the United ority for the use of these beds to detain issued document, or a valid passport, States despite a visa revocation, by aliens charged with inadmissibility or to establish identity to a U.S. Govern- adding language that would allow judi- deportability on security grounds. mental official or worker. This would cial appeal of any visa revocation deci- I am also pleased that a requirement have effectively prohibited the use of sion. Allowing judicial appeal of such to develop and implement a plan to re- the matricula consular identification decisions will only create another ave- quire a passport or other document, or card for identification purposes for nue through which a potential terrorist combination of documents, sufficient Federal identification. The conference can legally remain in the United States to denote citizenship and identity for measure eliminated this section of the for an undetermined amount of time. all travel into the U.S. by U.S. citizens bill, and instead provides only for a Currently all decisions regarding visa and nationals from Western Hemi- process for determining minimum issuance by Consular Officers are final, sphere countries, for whom such re- standards that passengers will have to they are not subject to judicial review. quirements have previously been present to board a commercial aircraft The same should be true of visa revoca- waived, is included in the conference in the United States. tion decisions. A number of Senators, report. And that a provision requiring Additionally, the House would have including Senators GRASSLEY, SES- a detailed plan from the Department of expanded the use of expedited removal SIONS, CHAMBLISS, ENSIGN, and I fully Homeland Security, within 180 days, by requiring its use in the U.S. as well supported this provision and con- about how to accelerate the full imple- as along the U.S. border, currently ex- templated offering as a similar amend- mentation of the biometric document pedited removal is used only at U.S. ment during Senate consideration of requirement of the Border Security Act ports of entry. The conference measure the bill. I am disappointed to learn that Senators FEINSTEIN, KENNEDY, strikes this provision. that language was added to allow indi- BROWNBACK, and I authored, will be in- The House-passed bill would also viduals whose visas have been revoked cluded. There are other good provi- have overturned a Ninth Circuit prece- on terrorism grounds to appeal the sions. dent that has effectively barred immi- State Department’s decision. I am very troubled, however, that gration judges from denying asylum Finally, while increasing the number many of the important immigration re- claims on the basis of credibility. The of Customs and Immigration enforce- form provisions included in the House- Government is barred from asking for- ment officers is important and is ac- passed bill were either altered signifi- eign governments what evidence they complished in the conference report, cantly or left out of the conference re- have about the terrorist activities of another important House-passed provi- port. I understand that Members have asylum applicants. So the only evi- sion, requiring that half of any new im- been assured that such provisions will dence the Government can use in op- migration investigators be focused on be considered next year. As the chair- posing an asylum request is to argue enforcing restrictions on illegal immi- man of the Senate Judiciary Sub- that the applicant is lying. The Ninth grants in the workforce, was not in- committee on Terrorism and a senior Circuit precedent barring immigration cluded in the final version of the bill. member of the Immigration Sub- judges from denying asylum claims on As I mentioned in the beginning of committee, I have witnessed many the basis of credibility would have been my comments about the immigration- times the opportunities for real immi- overturned if the conference report re- related sections, an important provi- gration reform slip through our fin- tained the House-passed provision; but sion dealing with identity standards in

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25832 CONGRESSIONAL RECORD—SENATE December 8, 2004 the Federal context was struck from forms, and we failed. I will work in the international terrorism but are not af- the conference measure. While that 109th Congress to ensure their consid- filiated with a known terror group. The measure wasn’t necessarily perfect, it eration, and the consideration of other need for this provision is explained in certainly represented a good beginning important immigration reform meas- Senate Committee Report No. 108–40, for development of a necessary stand- ures. Such consideration is important which accompanies a bill that Senator ard of identification in this country. to the future of our country, from a se- SCHUMER and I introduced at the begin- The House-passed driver’s license curity perspective and from an eco- ning of this Congress. I quote the rel- standards section also represented a nomic perspective, and the course we evant passages from that report at very good attempt at eliminating the take over the next year or two will, in length: opportunity for illegal immigrants to part, contribute to our success at pre- The September 11, 2001 terrorist attacks on obtain driver’s licenses, which we all venting future terrorist attacks and the people of the United States underscored know allows illegal immigrants to live shape the future of our Nation. I will the need for this legislation. Several weeks as though they were here legally. work to get it right and look forward before those attacks, federal law enforce- While I would very much like to dis- to working with my colleagues on all ment agents identified one of the partici- pants in that conspiracy as a suspected cuss the negative ramifications on the of these important issues. workplace, and States generally, of the international terrorist. These agents sought As I mentioned, one bright spot in to obtain a FISA warrant to search his be- illegal immigrant population having the bill before us today is title VI, longings. One of the principal factors that such easy access to driver’s licenses which provides new tools to law en- prevented the issuance of such a warrant was and other documents that allow them forcement to investigate and prosecute FISA’s requirement that the target be an to live as though they are here legally, terrorist crimes. Title VI includes agent of a foreign power. Even if federal I will instead focus on how important about half of the provisions of the agents had been able to demonstrate that documentary validity is to preventing Tools to Fight Terrorism Act, S. 2679, this person was preparing to commit an act terrorists from entering and living in an omnibus antiterrorism bill that I in- of international terrorism, based on the sus- the United States. Both the House and picious conduct that had first brought him troduced earlier this year with several to the attention of authorities, the agents Senate, after reviewing the 9/11 Com- other members of the Judiciary Com- would not have been able to obtain a warrant mission’s recommendation, voted to mittee and the Senate leadership. Ob- to search him absent a link to a foreign apply some form of standardization to viously, I am pleased that these impor- power. As a result, these federal agents spent the driver’s license. The question real- tant provisions are included in the three critical weeks before September 11 ly is, Is the Congress willing to get to final legislation. seeking to establish this terrorist’s tenuous the root of the problem and prevent il- Subtitles A and F through K of title connection to groups of Chechen rebels— legal immigrants from obtaining such VI of the conference report mirror par- groups for whom we now know this terrorist was not working. licenses? True, most of the 9/11 hijack- allel provisions in the Tools to Fight It is not certain that a search of this ter- ers had ‘‘valid,’’ but improperly issued, Terrorism Act. And TFTA itself con- rorist would necessarily have led to the dis- visas. Hopefully, now, the State De- sists of all or part of 11 other bills that covery of the September 11 conspiracy. We partment is following the law and mak- currently are pending in the House and do know, however, that information in this ing it harder for individuals who Senate. Collectively, these other bills terrorist’s effects would have linked him to shouldn’t possess U.S. visas from ob- have been the subject of 9 separate two of the actual September 11 hijackers, taining them. But that still leaves mil- hearings before House and Senate com- and to a high-level organizer of the attacks lions of individuals who enter the coun- mittees and have been the subject of 4 who was captured in 2002 in Pakistan. And we do know that suspending the requirement try illegally, some of whom could be separate committee reports. In addi- of a foreign-power link for lone-wolf terror- terrorists, able to obtain the document tion, the entire TFTA was reviewed in ists would have eliminated the major obsta- that will allow them to blend easily a September 13 hearing before the Sen- cle to federal agents’ investigation of this into our neighborhoods, workplaces, ate Subcommittee on Terrorism, which terrorist—the need to fit this square peg into churches, and mosques, let alone board heard testimony from Justice Depart- the round hole of the current FISA statute. airplanes or otherwise gain access to ment witnesses Barry Sabin, Chief of FISA allows a specially designated court sensitive areas. The conference report the counterterrorism Section of the to issue an order authorizing electronic sur- only requires that States include the veillance or a physical search upon probable Criminal Division, and Dan Bryant, As- cause that the target of the warrant is ‘‘a following: the person’s full legal name; sistant Attorney General for the Office foreign power or an agent of a foreign the person’s date of birth; the person’s of Legal Policy, as well as George power.’’ 50 U.S.C. Sec. 1805(a)(3)(A), gender; the person’s driver’s license or Washington University law professor 1824(a)(3)(A). The words ‘‘foreign power’’ and identification number; a digital photo- Jonathan Turley. ‘‘agent of a foreign power’’ are defined in 1801 graph; the person’s address of principal These hearings and reports provide a of FISA. ‘‘Foreign power’’ includes ‘‘a group residence; and the person’s signature. substantial legislative backdrop to engaged in international terrorism or activi- And a carve-out was included for title VI of the present bill. The state- ties in preparation therefor,’’ 1801(a)(4), and States in order that any documentary ment that follows is my attempt to ‘‘agent of a foreign power’’ includes any per- son who ‘‘knowingly engages in sabotage or requirements ‘‘may not infringe on a provide some guide to navigating this international terrorism, or activities that State’s power to set criteria con- legislative thicket. Of course, one are in preparation therefor, for or on behalf cerning what categories of individuals might well ask whether it is an inher- of a foreign power.’’ 1801(b)(2)(C). are eligible to obtain a driver’s license ent contradiction to rely on legislative Requiring that targets of a FISA warrant or personal identification from that history supplied by a judicial conserv- be linked to a foreign government or inter- State.’’ The driver’s license provision ative, since judicial conservatives tend national terrorist organization may have included in the final bill will not do not to believe in legislative history. made sense when FISA was enacted in 1978; in that year, the typical FISA target was a much to better secure the license, and The short answer would be that in mo- Soviet spy or a member of one of the hier- will continue to allow illegal immi- ments of litigation crisis, every lawyer archical, military-style terror groups of that grants to obtain such documentation. tends to believe in whatever talismans era. Today, however, the United States faces As I have said, there are a number of are available. One might as well help a much different threat. The United States is immigration-related provisions in the him find them. With that disclaimer, I confronted not only by specific groups or conference report that will make a dif- offer the following effort to illuminate governments, but by a movement of Islamist ference, including the section of the the origins and objectives of the TFTA extremists. This movement does not main- bill that requires in-person interviews provisions in title VI. tain a fixed structure or membership list, of non-immigrant visa applicants, an Subtitle A, section 6001, Lone-Wolf and its adherents do not always advertise their affiliation with this cause. Moreover, authorization for an increase in con- FISA Authority ‘‘Moussaoui Fix,’’ this in response to the United States’ efforts to sular officer positions, and others. But section amends FISA to allow orders fight terrorism around the world, this move- we also had an opportunity to include for surveillance of foreign visitors to ment increasingly has begun operating in a other security-related immigration re- the U.S. who appear to be involved in more decentralized manner.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.001 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25833 The origins and evolution of the Islamist is far less a large organization than a that the courts have found to justify the pro- terrorist threat, and the difficulties posed by facilitator, sometimes orchestrator of Is- cedures of FISA are not likely to differ ap- FISA’s current framework, were described in lamic militants around the globe. These preciably as between a case involving such a detail by Spike Bowman, the Deputy General militants are linked by ideas and goals, not group . . . and a case involving a single ter- Counsel of the FBI, at a Senate Select Com- by organizational structure. rorist.’’] mittee on Intelligence hearing on the prede- ‘‘The United States and its allies, to in- A provision substantially the same as cessor to S. 113. Mr. Bowman testified: clude law enforcement and intelligence com- section 6001 first was introduced as a ‘‘When FISA was enacted, terrorism was ponents worldwide[,] have had an impact on very different from what we see today. In the the terrorists, but [the terrorists] are adapt- bill, S. 2586, by Senators SCHUMER and 1970s, terrorism more often targeted individ- ing to changing circumstances. Speaking me on June 5, 2002. The Senate Intel- uals, often carefully selected. This was the solely from an operational perspective, in- ligence Committee held a hearing on S. usual pattern of the Japanese Red Army, the vestigation of these individuals who have no 2586 on July 31, 2002. Witnesses included Red Brigades and similar organizations list- clear connection to organized terrorism, or James Baker, Counsel for Intelligence ed by name in the legislative history of tenuous ties to multiple organizations, is be- Policy with the Office of Intelligence FISA. Today we see terrorism far more le- coming increasingly difficult. thal and far more indiscriminate than could and Policy Review, Department of ‘‘The current FISA statute has served the State; Marion ‘‘Spike’’ Bowman, Dep- have been imagined in 1978. It takes only the nation well, but the International Jihad events of September 11, 2001, to fully com- Movement demonstrates the need to consider uty General Counsel, National Security prehend the difference of a couple of decades. whether a different formulation is needed to Law Unit, Office of the General Coun- But there is another difference as well. address the contemporary terrorist prob- sel, FBI; and Fred Manget, Deputy Where we once saw terrorism formed solely lem.’’ General Counsel, CIA. around organized groups, today we often see The Committee notes that when FISA was The same provision was reintroduced individuals willing to commit indiscriminate enacted in 1978, the Soviet invasion of Af- in the 108th Congress by me and Sen- acts of terror. It may be that these individ- ghanistan had not yet occurred and both uals are affiliated with groups we do not see, ator SCHUMER as S. 113 on January 9, Iran and Iraq were considered allies of the 2003. S. 113 was unanimously reported but it may be that they are simply radicals United States. The world has changed. It is who desire to bring about destruction. the responsibility of Congress to adapt our by the Judiciary Committee on March ‘‘[W]e are increasingly seeing terrorist sus- laws to these changes, and to ensure that law 11, 2003. The Committee issued Report pects who appear to operate at a distance enforcement and intelligence agencies have No. 108–40 for S. 113 on April 29, 2003. S. from these [terrorists] organizations. In per- at their disposal all of the tools they need to 113 was approved by the Senate by 90– haps an oversimplification, but illustrative combat the terrorist threat currently facing nevertheless, what we see today are (1) 4 on May 8, 2003. The same provision the United States. The Committee concludes agents of foreign powers in the traditional also was included in H.R. 3179, which that enactment of S. 113’s modification of sense who are associated with some organi- was introduced by House Judiciary FISA to facilitate surveillance of lone-wolf zation or discernible group (2) individuals Chairman SENSENBRENNER and House terrorists would further Congress’s fulfill- who appear to have connections with mul- ment of this responsibility. Intelligence Chairman Goss on Sep- tiple terrorist organizations but who do not [In a separate statement of additional tember 25, 2003. The House Sub- appear to owe allegiance to any one of them, views on S. 113, Senator Feingold expresses committee on Crime, Terrorism, and but rather owe allegiance to the Inter- concerns about the constitutionality of al- Homeland Security held a hearing on national Jihad movement and (3) individuals lowing surveillance of lone-wolf terrorists who appear to be personally oriented toward H.R. 3179 on May 18, 2004. Witnesses at pursuant to FISA. He suggests that by allow- terrorism but with whom there is no known the hearing included Dan Bryant, As- ing searches of persons involved in inter- connection to a foreign power. sistant Attorney General, Office of ‘‘This phenomenon, which we have seen national terrorism without regard to wheth- Legal Policy, Department of Justice; er such persons are affiliated with foreign . . . growing for the past two or three years, Thomas Harrington, Deputy Assistant appears to stem from a social movement powers, S. 113 ‘‘writes out of the statute a key requirement necessary to the lawfulness Director, FBI; and Bob Barr, former that began at some imprecise time, but cer- Congressman. The same provision also tainly more than a decade ago. It is a global of such searches.’’ In order to address Sen- phenomenon which the FBI refers to as the ator Feingold’s concerns, the Committee at- was introduced as H.R. 3552 by Rep- International Jihad Movement. By way of taches as Appendix E to this report a letter resentative KING on November 20, 2003. background we believe we can see the con- presenting the views of the U.S. Department Subtitle F, section 6501, Sharing temporary development of this movement, of Justice on S. 2586, the predecessor bill to Grand-Jury Information With State and its focus on terrorism, rooted in the So- S. 113. and Local Governments, this section viet invasion of Afghanistan. The Department of Justice’s letter pro- vides a detailed analysis of the relevant amends current law to authorize the ‘‘During the decade-long Soviet/Afghan sharing of grand-jury information with conflict, anywhere from 10,000 to 25,000 Mus- Fourth Amendment jurisprudence, con- lim fighters representing some forty-three cluding that the bill’s authorization of lone- appropriate state and local authorities. countries put aside substantial cultural dif- wolf surveillance would ‘‘satisfy constitu- I do not think that one can overstate ferences to fight alongside each other in Af- tional requirements.’’ The Department em- the importance of information sharing, ghanistan. The force drawing them together phasizes that anyone monitored pursuant to of tearing down the walls that prevent was the Islamic concept of ’umma’ or Mus- the lone-wolf authority would be someone different parts of the Government from lim community. In this concept, nationalism who, at the very least, is involved in ter- exchanging intelligence and working is secondary to the Muslim community as a rorist acts that ‘‘transcend national bound- aries in terms of the means by which they together in the war on terror. A graph- whole. As a result, Muslims from disparate ic illustration of the importance of cultures trained together, formed relation- are accomplished, the persons they appear ships, sometimes assembled in groups that intended to coerce or intimidate, or the lo- streamlined information sharing is pro- otherwise would have been at odds with one cale in which their perpetrators operate or vided by another pre-September 11 in- another[,] and acquired common ideologies. seek asylum.’’ (Quoting 50 U.S.C. Sec. vestigation. Like the Moussaoui case, ‘‘Following the withdrawal of the Soviet 1801(c)(3).) Therefore, a FISA warrant ob- this investigation also came tanta- forces in Afghanistan, many of these fighters tained pursuant to this authority necessarily lizing close to substantially disrupting returned to their homelands, but they re- would ‘‘be limited to collecting foreign intel- or even stopping the 9/11 plot, and also ligence for the international responsibilities turned with new skills and dangerous ideas. ultimately was blocked by a flaw in They now had newly acquired terrorist train- of the United States, and the duties of the ing as guerrilla warfare [had been] the only Federal Government to the States in mat- our antiterror laws. The investigation way they could combat the more advanced ters involving foreign terrorism.’’ (Quoting to which I refer involved Khalid Al Soviet forces. United States v. Dugan, 743 F.2d 59, 73 (2d Cir. Midhar, one of the suicide hijackers of ‘‘Information from a variety of sources re- 1984).) The Department concludes ‘‘the same American Airlines Flight 77, which was peatedly carries the theme from Islamic interests and considerations that support the crashed into the Pentagon, killing 58 radicals that expresses the opinion that we constitutionality of FISA as it now stands passengers and crew and 125 people on just don’t get it. Terrorists world-wide speak would provide the constitutional justifica- the ground. tion for S. 2568.’’ The Department addition- of jihad and wonder why the western world is An account of the investigation of focused on groups rather than on concepts ally notes that when FISA was enacted it that make them a community. was understood to allow surveillance of Midhar is provided in the 9/11 Commis- ‘‘The lesson to be taken from [how Islamist groups as small as two or three persons. The sion’s staff Statement No. 10. That terrorists share information] is that al-Qaida Department concludes that ‘‘[t]he interests statement notes as follows:

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25834 CONGRESSIONAL RECORD—SENATE December 8, 2004 During the summer of 2001 [an FBI official] made by HSA presupposed the earlier essary consideration in deciding which . . . found [a] cable reporting that Khalid Al text of the Federal rule. The same pro- alien visitors should be allowed to re- Mihdhar had a visa to the United States. A visions were introduced as part of S. main in this country. If someone week later she found the cable reporting that trained at a terrorist camp, they Mihdhar’s visa application—what was later 2599 by Senators CHAMBLISS and me on discovered to be his first application—listed June 24, 2004. should be removed forthwith, regard- New York as his destination. . . . The FBI of- Subtitle G, sections 6602 and 6603, and less of what they claim to have known ficial grasped the significance of this infor- section 5402, Receiving Military-Type about their host terror group. Second, mation. Training from and Providing Material 5402 will apply immediately at the time The FBI official and an FBI analyst work- Support to Terrorists, section 6602 that deportation proceedings are initi- ing the case promptly met with an INS rep- makes it a crime to receive military- ated, regardless of the date of the trig- resentative at FBI Headquarters. On August type training from a foreign terrorist gering training. As the Supreme Court 22 INS told them that Mihdhar had entered has noted, deportation ‘‘looks prospec- the United States on January 15, 2000, and group, and section 5402 makes aliens again on July 4, 2001. . . . The FBI agents de- who have received such training de- tively to the respondent’s right to re- cided that if Mihdhar was in the United portable from the United States. Sec- main in this country in the future.’’ States, he should be found. tion 6603 broadens the jurisdictional INS v. Lopez-Mendoza, 468 U.S. at 1038. These alert agents immediately bases of the material-support statute. Under 5402, the only thing that need grasped the danger that Khalid Al It also clarifies the definitions of the have occurred ‘‘at the time the train- Midhar posed to the United States, and terms ‘‘personnel,’’ ‘‘training,’’ and ing was received’’ is that the training immediately initiated an effort to ‘‘expert advice or assistance’’ in re- or sponsoring organization have been track him down. Unfortunately, at the sponse to concerns expressed in recent defined as a terrorist organization. time, the law was not on their side. court decisions. Furthermore, this sec- Since there is no reasonable ‘‘reliance’’ The Joint Inquiry Report of the House tion clarifies the knowledge required on any U.S. law whatsoever in attend- and Senate Intelligence Committees to violate the statute, and specifies ing an al-Qaida or other terrorist train- describes what happened next: that nothing contained in the statute ing camp, 5402 applies regardless of Even in late August 2001, when the CIA shall be construed to abridge free- when the training was received, so long told the FBI, State, INS, and Customs that speech rights. All of these sections as the group was defined at that time Khalid al-Mihdhar, Nawaf al-Hazmi, and two apply extraterritorially to U.S. nation- as a terrorist organization. other ‘‘Bin Laden-related individuals’’ were als, permanent residents, stateless per- The animating example behind this in the United States, FBI Headquarters re- sons whose habitual residence is the provision is the alien visitor in the fused to accede to the New York field office United States, and persons who are United States who is discovered to recommendation that a criminal investiga- brought into or found in the United have attended an al-Qaida camp in Af- tion be opened, which might allow greater States. ghanistan in the summer of 2001. In the resources to be dedicated to the search for judgment of Congress, such a person is the future hijackers. . . . FBI attorneys took In the final version of this legisla- the position that criminal investigators tion, all immigration- and border-re- a danger to the United States. And ‘‘CAN NOT’’ (emphasis original) be involved lated provisions were placed in a new under 5402, that person, once discov- and that criminal information discovered in title V, and thus the part of the mili- ered, will be immediately deportable. the intelligence case would be ‘‘passed over tary-type-training provision making The Justice Department testified in the wall’’ according to proper procedures. An terror trainees deportable ended up in favor of a provision similar to section agent in the FBI’s New York field office re- that title as well, as section 5402. The 6602 at the Terrorism Subcommittee’s sponded by e-mail, saying: ‘‘Whatever has new 5402, rather than referencing the hearing on the TFTA earlier this year. happened to this, someday someone will die definition of military-type training in The joint statement of Messrs. Sabin and, wall or not, the public will not under- and Bryant notes that: stand why we were not more effective in 6602, simply duplicates the key part of throwing every resource we had at certain that definition, a precaution against It is critical that the United States stem problems.’’ the event that the now-distant 6602 be the flow of recruits to terrorist training camps. A danger is posed to the vital foreign The 9/11 Commission staff report as- repealed or never enacted. Nevertheless, despite their now far- policy interests and national security of the sesses the ultimate impact of these United States whenever a person knowingly legal barriers: flung nature, these sections still should receives military-type training from a des- Many witnesses have suggested that even be read together. Thus 2339D(c)’s defi- ignated terrorist organization or persons if Mihdhar had been found, there was noth- nitions of ‘‘serious bodily injury’’ and acting on its behalf. Such an individual ing the agents could have done except follow ‘‘critical infrastructure’’ should guide stands ready to further the malicious intent him onto the planes. We believe this is incor- the use of those terms in 5402, even of the terrorist organization through ter- rect. Both Hazmi and Mihdhar could have though, unlike the definition of ‘‘mili- rorist activity that threatens the security of been held for immigration violations or as tary type training,’’ those definitions United States nationals or the national secu- material witnesses in the Cole bombing case. are not copied in the deportation sec- rity of the United States. Moreover, a train- Investigation or interrogation of these indi- ee’s mere participation in a terrorist organi- viduals, and their travel and financial activi- tion. The extraterritorial scope of 6602, zation’s training camp benefits the organiza- ties, also may have yielded evidence of con- as articulated in 2339D(b), also should tion as a whole. For example, a trainee’s par- nections to other participants in the 9/11 inform the application of 5402. The de- ticipation in group drills at a training camp plot. In any case, the opportunity did not portation provision is articulated in helps to improve both the skills of his fellow arise. terms of conduct, which is the same trainees and the efficacy of his instructors’ Congress must do what it can now to thing everywhere—rather than of- training methods. Additionally, by attending make sure that something like this fenses—which are a particular creature a terrorist training camp, an individual does not happen again—that arbitrary, of each jurisdiction. And obviously, lends critical moral support to other train- ees and the organization as a whole, support seemingly minor bureaucratic barriers Congress is just as anxious to remove that is essential to the health and vitality of are not allowed to undermine our best from this country those aliens who the organization. leads toward uncovering an attack on trained at an al-Qaida camp in Afghan- And George Washington University the United States. Section 6501 is a istan as those who trained in the law professor Jonathan Turley had the substantial step in that direction. United States. following to say about TFTA’s parallel The change made be section 6501 pre- In two key respects, however, the de- provision to section 6602 in his testi- viously was enacted by the Homeland portation provision operates dif- mony before the Terrorism Sub- Security Act, but that change never ferently than the criminal provision. committee: went into effect because the Federal First, the knowledge requirement im- This proposal would fill a gap in our laws Rule of Criminal Procedure amended posed by the second sentence of revealed by recent cases, like that of Jose by the HSA was revised by the Su- 2339D(a) was not imposed in 5402. While Padilla, where citizens have trained at ter- preme Court shortly after the enact- scienter is a traditional part of a crimi- rorist camps. . . . The proposed crime has ment of the HSA, and the amendment nal offense, it was not thought a nec- been narrowly tailored to require a clear

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25835 knowledge element as well as a reasonable Gurule´, Under Secretary for Enforce- House of Representatives on December definition of military-type training. The ment, Department of Treasury; David 12, 2001. United States has an obvious interest in Aufhauser, General Counsel, Depart- A provision similar to 6702 also was criminalizing such conduct and to deter citi- introduced as H.R. 1678 in the 108th zens who are contemplating such training. In ment of Treasury; Nathan Lewin, my view, it raises no legitimate issue of free Lewin & Lewin, LLP; Allan Gerson, Congress by Representative LAMAR association or free speech given the criminal Professorial Lecturer In Honors, SMITH on April 8, 2003. H.R. 1678 was nature of the organization. Most impor- George Washington University; Jona- the subject of a hearing before the tantly, given the use of these camps to re- than Winer, Alston & Bird, LLP, mem- House Subcommittee on Crime, Ter- cruit and indoctrinate such citizens as ber, Council on Foreign Relations; and rorism, and Homeland Security on July Padilla and John Walker Lindh, this new Salam Al-Marayati, Executive Direc- 10, 2003. Witnesses included Susan criminal offense is responsive to a clear and tor, Muslim Public Affairs Council. Brooks, the U.S. Attorney for the present danger for the country. Subtitle H, section 6702, Punishment Souther District of Indiana; James With regard to section 6603, the Jus- for Hoaxes about Terrorism or Deaths McMahon, Superintendent, New York tice Department had the following to of U.S. Soldiers, this section imposes State Police; and Danny Hogg, a target say about the parallel provision in criminal penalties for conveying false of a war-time hoax about a family TFTA at the Terrorism Subcommittee or misleading information, perpe- member serving in Iraq. H.R. 1678 was hearing earlier this year: trating hoaxes, about terrorist crimes ordered reported by the House Judici- The [provision] . . . improves current law or the death or injury of a U.S. soldier ary Committee by voice vote on May by clarifying several aspects of the material 12, 2004. The Judiciary Committee support statutes. This is another key tool in under circumstances where such infor- preventing terrorism. As the Department of mation may reasonably be believed. issued Report No. 108–505 for H.R. 1678 Justice has previously indicated, ‘‘a key ele- The Justice Department has com- on May 20, 2004. The key provisions of ment of the Department’s strategy for win- mented on the harm caused by false in- section 6702 also were introduced as S. ning the war against terrorism has been to formation and terrorist hoaxes. In its 2204 by Senator HATCH on March 11, use the material support statutes to pros- TFTA testimony on a parallel provi- 2004. ecute aggressively those individuals who sion to 6702 earlier this year, the De- Subtitle H, section 6703, Increased supply terrorists with the support and re- partment noted: Penalties for Obstruction of Justice in sources they need to survive . . . . The De- Terrorism Cases, this section increases partment seeks to identify and apprehend Since September 11, hoaxes have seriously terrorists before they can carry out their disrupted people’s lives and needlessly di- from 5 years to 8 years the penalty for plans, and the material support statutes are verted law-enforcement and emergency-serv- obstruction of justice in terror inves- a valuable tool for prosecutors seeking to ices resources. In the wake of the anthrax at- tigations. It also instructs the Sen- bring charges against and incapacitate ter- tacks in the fall of 2001, for example, a num- tencing Commission to increase the rorists before they are able to cause death ber of individuals mailed unidentified white guidelines range for making false and destruction.’’ powder, intending for the recipient to believe it was anthrax. Many people were inconven- statements in relation to a terrorism Professor Turley, in his Terrorism ienced, and emergency responders were investigation. A provision similar to Subcommittee testimony on TFTA, forced to waste a great deal of time and ef- section 6703, albeit increasing the pen- said of the parallel section to 6603 that fort. Similarly, in a time when those in uni- alty to 10 years instead of just 8, has in ‘‘[t]his proposal would actually im- form are making tremendous sacrifices for the past been included as part of the prove the current Federal law by cor- the country, several people have received above-described anti-hoax bills. recting gaps and ambiguities that have hoax phone calls reporting the death of a Subtitle I, sections 6802 and 6803, Ex- led to recent judicial reversals. In that loved one serving in Iraq or Afghanistan. panded WMD Prohibitions, section 6802 sense, the proposal can be viewed as a And Professor Turley, also at the expands the jurisdictional bases and slight benefit to civil liberties by re- Terrorism Subcommittee hearing on scope of existing prohibitions on use of moving a dangerous level of ambiguity TFTA, commented on the provision weapons of mass destruction, and in- in the law.’’ similar to 6702: cludes chemical weapons within the The need for a stronger material-sup- This new provision would create a serious prohibition for the first time. Section port statute and its application to ter- deterrent to a type of misconduct that rou- 6803 amends the Atomic Energy Act to rorist training camps were the subject tinely places the lives of emergency per- more broadly prohibit directly and of a hearing before the Senate Judici- sonnel at risk and costs millions of dollars in willfully participating in the develop- ary Committee on May 5, 2004. Wit- unrecouped costs for the federal and state governments. Since a terrorist seeks first ment or production of any special nu- nesses included Chris Wray, Assistant and foremost to terrorize, there is precious clear material or atomic weapon out- Attorney General, Criminal Division, [little] difference between a hoaxster and a side of the United States. This section Department of Justice; Dan Bryant, terrorist when the former seeks to shut down also makes it a crime to participate in Assistant Attorney General, Office of a business or a community with a fake or provide material support to a nu- Legal Policy, Department of Justice; threat. . . . This provision responds to the clear weapons program, or other weap- Gary Bald, Assistant Director, Coun- increase in this form of insidious misconduct ons of mass destruction program, of a terterrorism Division, FBI; David Cole, and correctly defines it as criminal conduct. designated terrorist organization or law professor, Georgetown University The key elements of section 6702 were state sponsor of terrorism. And the of- Law Center; and Paul Rosenzweig, Sen- introduced as H.R. 3209 in the 107th fense created by this provision applies ior Legal Research Fellow, Heritage Congress by Representative LAMAR extraterritorially. Foundation. SMITH on November 11, 2001. H.R. 3209 In his TFTA testimony about par- Subtitle G, Section 6604, Conceal- was the subject of a hearing before the allel provisions to sections 6802 and ment of Terrorist Financing, this sec- House Subcommittee on Crime, Ter- 6803 before the Terrorism Sub- tion amends current law to prohibit rorism, and Homeland Security on No- committee earlier this year, George concealing having provided financing vember 7, 2001. Witnesses included Washington University law professor while knowing that it has been or will James Jarboe, Section Chief, Counter- Jonathan Turley stated: be provided to terrorists. This provi- terrorism Division, Domestic Ter- [Section 6802, the WMD-statute provision] sion first appeared as part of S. 1837, rorism, FBI; and James Reynolds, would close current loopholes in the interest which was introduced by Senator Chief, Terrorism and Violent Crime of national security and does not materially GRASSLEY on November 6, 2003. The Section, Criminal Division, Depart- affect civil liberty interests. Senate Judiciary Committee held a ment of Justice. H.R. 3209 was reported [Section 6803] would criminalize the par- hearing on the need to better combat by the House Judiciary Committee on ticipation in programs involving special nu- clear material, atomic weapons, or weapons terrorist financing on November 20, November 29, 2001. The Judiciary Com- of mass destruction outside of the United 2002. Witnesses included Robert J. mittee issued Report No. 107–306 for States. This new crime with extraterritorial Conrad, U.S. Attorney for the Western H.R. 3209 on the same day. H.R. 3209 jurisdiction is an obvious response to recent District of North Carolina; Jimmy was unanimously approved by the threats identified by this country and other

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25836 CONGRESSIONAL RECORD—SENATE December 8, 2004 allies like Pakistan. The obvious value of law to include these new offenses in the were charged with (and ultimately pled such a law would be hard to overstate. . . . It definition of ‘‘specified unlawful activ- guilty to) providing material support to al is important for the purposes of our ity’’ for purposes of the money laun- Qaeda. It was expected that the defendants extraterritorial enforcement efforts to have would oppose the motion. What followed was a specific crime on the books to address this dering statute. And section 6910 not expected, however. Because the law does form of misconduct. amends the Arms Export Control Act not allow presumptive pre-trial detention in These sections are substantially the by adding the offenses created by this terrorism cases, prosecutors had to partici- same as H.R. 2939, which was intro- subtitle to the provision specifying pate and prevail in a nearly three-week hear- crimes for which a conviction or indict- ing on the issue of detention, and were forced duced by Representative FORBES on ment is a ground for denying an arms- to disclose a substantial amount of their evi- July 25, 2003, and S. 2665, which was in- dence against the defendants prematurely, at troduced by Senator CORNYN on July export application. In his Terrorism Subcommittee testi- a time when the investigation was still ongo- 15, 2004. ing. Moreover, the presiding magistrate Subtitle J, sections 6901–11, Preven- mony on TFTA earlier this year, Pro- judge did in fact authorize the release of one tion of Terrorist Access to Special fessor Turley said the following about defendant, who, it was later learned, had lied Weapons, this subtitle is designed to a provision parallel to subtitle J: to the FBI about the fact that he had met deter the unlawful possession and use Given the enormous threats to our country with Usama Bin Laden in Afghanistan. The of certain weapons, Man-Portable Air from such weapons, these increased penalties Lackawanna Six case illustrates the real-life are manifestly reasonable. . . . While it is problems the absence of presumptive pre- Defense Systems, MANPADS, atomic trial detention has posed to law enforce- weapons, radiological dispersal devices, certainly possible that a defendant could be in possession of a MANPADS as part of arms ment. But this shortcoming in the law has and the variola virus, smallpox, whose trafficking or some other motive than ter- also enabled terrorists to flee from justice potential misuse are among the most rorism, this is clearly one of the most likely altogether. For example, a Hezbollah sup- serious threats to homeland security. forms of terrorist conduct. porter was charged long ago with providing MANPADS are portable, lightweight, material support to that terrorist organiza- Subtitle J is the same as S. 2664, tion. Following his release on bail, he fled surface-to-air missile systems designed which was introduced by Senator to take down aircraft. Typically they the country. CORNYN on July 15, 2004. The suspect described above eventu- are able to be carried and fired by a Subtitle K, section 6952, Presumption single individual. They are small and ally was recaptured by the United of No Bail for Terrorists, this section thus relatively easy to conceal and States six years after his escape. Dur- would add terrorist offenses to the list smuggle. A single attack could kill ing that time, he was not a participant of offenses, such as drug crimes, that hundreds of persons in the air and in a terrorist attack against the United are subject to the statutory presump- many more on the ground. Atomic States, but he could have been. tion of pretrial detention. Under cur- weapons or weapons designed to release Law Professor Jonathan Turley also rent law, a criminal suspect will be de- radiation, ‘‘dirty bombs,’’ could be used commented on the legislative ancestor nied bail in Federal court if the Gov- by terrorists to inflict enormous loss of of section 6952 in his testimony at the ernment shows that there is a serious life and damage to property and the en- Terrorism Subcommittee hearing on risk that the suspect will flee, obstruct vironment. Variola virus is the causa- TFTA. He stated: tive agent of smallpox, an extremely justice, or injure or threaten a witness [Section 6952] would create a presumption serious, contagious, and often fatal dis- or juror. The judge must presume this against bail for accused terrorists. Under showing is present if the suspect is this amendment, such a presumption could ease. Variola virus is classified by the be rebutted by the accused, but the court CDC as one of the biological agents charged with a crime of violence, a drug crime carrying a potential sen- would begin with a presumption that the ac- that poses the greatest potential cused represents a risk of flight or danger to threat for public-health impact and has tence of 10 years or more, any crime society. This has been opposed by various a moderate to high potential for large- that carries a potential sentence of life groups, who point to the various terrorist scale dissemination. There are no le- or the death penalty, or the suspect cases where charges were dismissed or re- gitimate private uses for these weap- previously has been convicted of two or jected, including the recent Detroit scandal ons. more such offenses. This section would where prosecutorial abuse was strongly con- add terrorist offenses that are subject demned by the Court. I do not share the op- Current law allows a maximum pen- position to this provision because I believe alty of only 10 years in prison for the to a maximum penalty of at least 10 years to this list, judges would be re- that, while there have been abuses in the in- unlawful possession of MANPADS or vestigation and prosecution of terrorism an atomic weapon. No statute crim- quired to presume that facts requiring cases, the proposed change sought by the inalizes mere possession of dirty a denial of bail are present. This is Justice Department is neither unconstitu- bombs. Knowing, unregistered posses- only a presumption, the terror suspect tional nor unreasonable. sion of the variola virus is subject only still could attempt to show that he is This proposal would not impose a categor- ical denial of bail but a presumption against to a maximum penalty of 5 years. not a flight risk or potential threat to jurors or witnesses. bail in terrorism cases. Congress has a clear- Sections 6903–06 make unlawful pos- ly reasonable basis for distinguishing ter- session of MANPADS, atomic weapons, The Justice Department testified as rorism from other crimes in such a presump- radiological devices, or variola virus a to the importance of this provision at tion. In my view, this would be clearly con- crime with a mandatory minimum sen- the Terrorism Subcommittee hearing stitutional. tence of 25 years to life. Use, attempts on TFTA: While I have been critical of the policies of to use, or possession and threats to use Current law provides that federal defend- Attorney General John Ashcroft, I do not these weapons are a crime with a man- ants who are accused of serious crimes, in- share the view of some of my colleagues in cluding many drug offenses and violent the civil liberties community in opposition datory minimum sentence of 30 years to this change. There is currently a presump- to life. Use of these weapons resulting crimes, are presumptively denied pretrial re- lease under 18 U.S.C. § 3142(e). But the law tion against pretrial release for a variety of in death is subject to a mandatory does not apply this presumption to those crimes in 18 U.S.C. § 3142(e), including major minimum sentence of life imprison- charged with many terrorism offenses. To drug crimes. It seems quite bizarre to have ment. These penalties should espe- presumptively detain suspected drug traf- such a presumption in drug cases but not ter- cially help to deter middlemen and fickers and violent criminals before trial, rorism cases. facilitators who are essential to the but not suspected terrorists, defies common Section 6952 is substantially the transfer of these weapons. sense. same as the main provision of H.R. Section 6907 amends current law to This omission has presented authorities 3040, which was introduced by Rep- add the criminal offenses created by real obstacles to prosecuting the war on ter- resentative GOODLATTE on September 9, this subtitle as federal wiretap predi- rorism, as Michael Battle, U.S. Attorney for 2003. I introduced the same bill as S. the Western District of New York, testified cates. Section 6908 amends current law before this subcommittee on June 22. In the 1606 on September 10, 2003. S. 1606 was to include these new offenses in the recent ‘‘Lackawanna Six’’ terrorism case in the subject a hearing before the Senate definition of ‘‘Federal crime of ter- his district, prosecutors moved for pre-trial Subcommittee on Terrorism, Tech- rorism.’’ Section 6909 amends current detention of the defendants, most of whom nology, and Homeland Security on

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25837 June 22, 2004. Witnesses included Ra- known as ‘‘dirty bombs’’, and (4) the than hundreds. . . . There are weapon chel Brand, Principal Deputy Assistant variola virus, the virus that causes caches all over that country. They Attorney General, Office of Legal Pol- smallpox. There is no legitimate pri- were using schools, hospitals, mosques icy, Department of Justice; Michael vate purpose for possessing these to hide weapons.’’ Battle, U.S. Attorney, Buffalo, NY; and items. Moreover, the potential for ter- A 2000 State Department report stat- James K. Robinson, former Assistant rorist use of these items is among the ed that ‘‘one of the leading causes of Attorney General, Criminal Division, most serious threats to our homeland loss of life in commercial aviation Department of Justice. security. By prohibiting the unauthor- worldwide has been from MANPADS I have spent considerable time re- ized possession of these items, and by . . . attacks, with over 30 aircraft viewing this conference report and imposing strong penalties on violators, lost.’’ According to a Congressional Re- thoughtfully considering its provisions. these provisions will play a major role search Service report issued last year, I have serious reservations and agree in preventing and disrupting future there have been at least 36 known mis- with the many experts in this field who terrorist attacks, by depriving terror- sile attacks on commercial planes in have urged a more thorough study of ists of access to some of the most high- the last 25 years; 35 of those incidents the intelligence community’s problems ly destructive and dangerous items civ- took place in war-torn areas, mainly in and, likewise, a careful matching of ilized society has ever faced. Africa. For example, in 1983 and 1984, those problems to solutions. Though I Specifically, these provisions would Angolan rebels shot down two Boeing appreciate the hard work of the 9/11 punish unlawful possession as well as 737s. In the first incident, all 130 people Commission to help Americans under- unlawful production or transfer of on board died, but in the second at- stand how 9/11 happened, the Commis- these items, and includes attempts, tack, the plane managed to land with- sion’s recommendations—on which it threats, and conspiracies related to out fatalities after being hit at an alti- spent far less time than on the nar- such acts. These provisions generally tude of 8,000 feet. In 1998, a Boeing 727 rative it took some 18 months to as- impose tough, mandatory minimum was shot down in the Democratic Re- semble—are not the final answer to the sentences of 25 years, and in some cases public of Congo, killing 41. And in No- intelligence community’s problems. impose sentences up to and including vember 2002, in Mombasa, Kenya, two I intend to support this conference life imprisonment. Tough penalties missiles were launched against a char- package, noting the improvements that like these are appropriate for the most tered Israeli Boeing 767 just after take have been made since Senate consider- dangerous threats our nation faces, and off for Tel Aviv, Israel. The pilot re- ation, but I intend to closely monitor that is exactly the kind of threat that ported spotting smoke trails near his its implementation. I also strongly be- these items pose. We may not be able plane, and some of the 261 passengers lieve that Congress needs to focus its to deter the most dedicated of our ter- said they heard an explosion. The at- attention next year on resolving the rorist enemies around the world from tempted attack has been linked to al- more difficult problems in the intel- wanting to harm us, but we can deter Qaida, and occurred on the same day as ligence community and, more broadly individuals who serve at lower levels in an al-Qaida-linked bombing of a nearby in the homeland security arena, like terrorist organizations, and we can resort hotel. Shoulder-launched mis- immigration, not addressed in this leg- deter those who might try to profit siles also brought down several smaller islation. I will work with my col- from terrorism by supplying terrorists aircraft during the invasion of Iraq, in- leagues in the House and Senate to en- with such items. cluding a Chinook helicopter that sure this happens. I would like to spend just a brief mo- crashed last November, killing 16. In Mr. CORNYN. Mr. President, I rise to ment highlighting the particular prob- January, an Air Force C–5 transport express my support for the conference lem of MANPADS. MANPADS are plane carrying 63 troops was struck by report accompanying S. 2845, the Intel- lightweight, surface-to-air missile sys- a surface-to-air missile as it left Bagh- ligence Reform and Terrorism Preven- tems designed to take down aircraft. dad Airport, but it landed safely. tion Act of 2004. I highlight three spe- MANPADS fire an explosive or incen- Accordingly, MANPADS are widely cific terrorism prevention provisions in diary rocket or missile equipped with a recognized as one of the greatest the conference report, provisions on guidance system designed to target threats to civil aviation today. And which I have worked particularly hard low-flying aircraft, typically around just last year, the President agreed to incorporate into this new bill, provi- the time of landing or departure. They with other world leaders at a G–8 con- sions which I am pleased to see enacted can be carried and fired by a single in- ference to a series of controls on into law. These provisions make impor- dividual, from a distance. Because they MANPADS. S. 2664 is a critical part of tant improvements to our Federal are small, they are easy to conceal and the President’s effort to control and criminal law, improvements that are smuggle. They are relatively cheap— combat the proliferation of MANPADS, critical to strengthening our ability to ranging from $25,000 to $80,000 each— and I am pleased that the conference fight and win the war against ter- take only seconds to prepare, require has seen fit to incorporate the provi- rorism. minimal training, and have a flight sions of that bill into its report. The first two provisions involve time of just three to ten seconds. In addition to MANPADS, S. 2664 also strengthening our efforts to ensure By some estimates, there are at least targets three other destructive devices. that weapons of mass destruction do 500,000 MANPADS in circulation No one questions the obvious danger not get into the hands of terrorists. around the globe. Although most posed by allowing atomic weapons and Earlier this year, I introduced two MANPADS are thought to be under the radiological dispersion devices, or dirty bills, S. 2664 and S. 2665. I am pleased to control of an established military, as bombs, to get into the hands of terror- see that both of those bills have now many as a thousand MANPADS are be- ists. In addition, the variola virus is largely been adopted by the conference. lieved by some to be in the hands of al- the causative agent of smallpox—an ex- S. 2664, also known as the Prevention Qaeida and other terrorist groups. Coa- tremely serious, contagious, and often of Terrorist Access to Destructive lition forces reportedly captured near- fatal disease. In fact, the Centers for Weapons Act, can be found at Title VI, ly 5,600 missiles during the post–9/11 in- Disease Control has classified variola Subtitle J of the new bill reported by vasion of Afghanistan. Defense Sec- as one of the biological agents that the conference. This provision creates retary Donald Rumsfeld reported last poses the greatest threat for public new federal prohibitions and strength- year that MANPADS ‘‘are widely avail- health impact. It has a high potential ens current federal prohibitions able in the world and do have the abil- for large-scale dissemination. Accord- against the possession of four cat- ity to shoot down aircraft and heli- ingly, it may be attractive to terrorists egories of destructive items: (1) Man- copters, and from time to time it hap- as a biological weapon. These provi- Portable Air Defense Systems, known pens in various locations.’’ He said sions, I am pleased to see, have also as ‘‘MANPADS’’, (2) atomic weapons, there are ‘‘enormous numbers’’ of such been incorporated into the conference (3) radiological dispersal devices, weapons still in Iraq—‘‘have to be more report.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25838 CONGRESSIONAL RECORD—SENATE December 8, 2004 I will just add a quick word about S. our law enforcement and our military The last major reform was the Na- 2665, also known as the Weapons of away from our terrorist enemies. But tional Security Act of 1947, signed into Mass Destruction Prohibition Improve- that’s not the only reason. Hoaxes are law by President Truman. ment Act. The provisions of S. 2665 can cruel. They are mean-spirited. And While the process of compromise re- be found at Title VI, Subtitle I of the they can be very dangerous. I want to sulted in a bill that did not adopt all of new bill. Those provisions generally ex- read a portion of a letter from one du- the recommendations of the 9/11 Com- pand current federal criminal prohibi- tiful U.S. serviceman to his uncle. The mission, this new law will bring signifi- tions against the use and proliferation letter is dated April 18, 2003, and it cant improvements in our intelligence of WMD, both domestically and abroad, reads: ‘‘One guy died bringing me a sat. system for the better. and fills a number of gaps in current phone so I could call Dad to let him Mr. President, the 9/11 Commission law. know I was alive. It made me think of recognized a need to have one person in They amend the current federal ‘Saving Private Ryan.’ Was it worth charge of our intelligence community, weapons of mass destruction statute by his life and the risk of the others to to prevent the kind of miscommunica- criminalizing all WMD attacks on for- bring me a phone? I know it was a re- tion that occurred before 9/11. This bill eign government property in the lief to all of you to hear I was okay. addresses this important issue by cre- United States, as well as U.S. govern- Now I feel I must make my life worth ating a Director of National Intel- ment property, and expanding the cur- his. I don’t know if I can do that.’’ No ligence (DNI) with real authority over rent prohibition on the use of WMD to one should have to die in the line of America’s 15 intelligence-gathering include any acts affecting interstate duty in order to correct a hoax. And no agencies. commerce in a variety of ways. They one should have to live with the emo- This bill gives this intelligence direc- also amend the federal biological tional pain that this serviceman so elo- tor principal authority over the esti- agents and toxins law by extending the quently describes in this poignant let- mated $40 billion intelligence budget prohibition to possession by agents of ter. and gives that person the power to es- terrorist nations or terrorist organiza- Under current law, acts of imperson- tablish clear priorities for the intel- tions. ation are illegal only if the person de- ligence community. The bill makes With respect to foreign WMD threats, mands or obtains something of value clear: the buck stops with the DNI. the bill amends a provision of the from the victim. That does not include This bill also creates a National Atomic Energy Act to prohibit partici- military family hoaxes like the ones Counterterrorism Center that will lead pation outside of the United States in described here. In addition, many ter- our counterterrorism efforts. It will be the unauthorized development as well rorism hoaxes fall outside the defini- staffed by terrorism experts from the as production of nuclear material, and tions of current law. S. 2204 fills these CIA, FBI, and the Pentagon. The Cen- creates a new criminal code section to major gaps in the law, and I am pleased ter will coordinate terrorism intel- forbid the provision of material sup- to see these provisions incorporated ligence from throughout the govern- port to, or any other participation in, into the conference report. ment, breaking down the walls that any WMD program of a terrorist orga- Mr. LAUTENBERG. Mr. President, I have too frequently prevented agencies nization or terrorist nation. rise to express my approval of this from sharing important information in The third and final provision I want much-delayed 9/11 intelligence reform a timely manner. to highlight involves the perpetration bill. As a conferee on this important The bill bolsters border security, par- of cruel hoaxes against the families of legislation, I am proud of what we pro- ticularly improving aviation, air cargo, military personnel and terrorism hoax- duced. The terrible consequences of the and maritime security. It also es generally. I am pleased to be an 9/11 attack will never be forgotten, but strengthens border surveillance, in- original co-sponsor of S. 2204, also with the passage of this bill future gen- creases the number of border patrol known as the Stop Terrorist and Mili- erations will be safer from terrorist at- agents and immigration and customs tary Hoaxes Act, and pleased to see tack. enforcements investigators. that provisions of those bills have been On a personal basis, I, like so many This bill also has some provisions to incorporated into the conference re- from my State of New Jersey and our safeguard our civil liberties by estab- port. region, knew people who perished, fam- lishing a ‘‘Privacy and Civil Liberties It is disturbing to think that anyone ilies who were torn apart, people who Oversight Board.’’ Although I do not would want to engage in the false im- still feel the pain of their loss. believe that this board has quite the personation of a military officer in I want to thank Senators COLLINS independence and power that I wanted, order to harass, terrify, or otherwise and LIEBERMAN, and Representatives I am hopeful that the Board will help cause mental distress to military fami- HOEKSTRA and HARMAN for their efforts ensure that new regulations and poli- lies. I cannot fathom why a human to get a strong bill. This was a roller cies do not violate privacy rights or being would want to conduct a crank coaster conference, but well worth the civil liberties. call to the family of a member of the effort. Mr. President, despite the bipartisan Armed Forces and falsely inform them The 9/11 Commissioners also deserve support for this bill, it has faced a dif- that their loved one has been killed in our appreciation for their steady lead- ficult road. To be honest, we were the line of duty. ership and thoughtful input during this ready for a vote on November 20. A Yet during the recent war in Iraq, process. strong majority of the conference com- that is precisely what happened. Sev- Last, and most importantly, I want mittee approved this bill and we were eral families reportedly received hoax to salute the 9/11 families for their ready to go. I signed my name to the telephone calls informing them that a dedication to getting this legislation conference report at that time. family member serving the military in done. I especially want to thank the But later that same day, we found Iraq had been killed or captured. Not Steering Committee of 9/11 Families out that the House Republican leader- surprisingly, the families who received and the so-called ‘‘Jersey Girls.’’ Had it ship would not move forward on the these calls were terribly distressed. It not been for you 3 years ago, the 9/11 bill. The reason? Because two Repub- must have been a cruel experience in- Commission would have never been es- lican Congressmen didn’t like the con- deed to have to wait and work to con- tablished. And were it not for you now, ference report. firm that their family member was ac- this bill would have never passed. Mr. President, in my view, the delay tually alive and safe. Mr. President, we can finally look in passing this bill was unnecessary Hoaxes against military families and the 9/11 families in the eye and say: and unwise. Every day this bill was terrorism hoaxes must be punished, be- ‘‘We have delivered.’’ dragged out was a day that made our cause they utilize scarce resources that This 9/11 bill is the most significant communities less safe. need to be focused on combating ter- piece of intelligence legislation we The House Republican leadership rorism, and distract the attention of have passed in 50 years. nearly snatched defeat from the jaws of

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25839 victory. But thankfully, in the end the the next step, which is decentralizing sions. This is an important first step families and the 9/11 Commission made the intelligence community through toward abandoning this dangerous ob- their voices heard, and we have reached the establishment of mission-based in- session, and making sure that secrecy this milestone today. telligence centers. Two are established decisions are made for reasons of na- Mr. President, my home State, New by statute—Counterterrorism and tional security, rather than agencies Jersey, lost 700 of its citizens on 9/11. Counterproliferation—and the legisla- trying to bury their mistakes. There is little we in Congress can do to tion gives the DNI the power to estab- Madam President, what we are doing heal their pain. But today, at least we lish other centers, to focus on those today is an important step, but it is can do something to help prevent such current or emerging threats he or she not by any means the last step. Some a tragedy in the future. deems to be of priority importance. of these steps are rather tangential to Mr. GRAHAM of Florida. Yesterday Among the shortcomings referred to the issue of intelligence reform. For was the anniversary of Pearl Harbor, earlier, one of the first and foremost is example, this legislation includes a which is remembered as one of the obviously an underdeveloped capacity provision requiring face-to-face inter- greatest intelligence failures in our for gathering human intelligence. Our views with visa applicants. If we are to country’s history. The desire to pre- intelligence community has come to implement this provision effectively vent future Pearl Harbors helped lead rely too heavily on electronic eaves- we must seriously consider increasing to the creation of our national intel- dropping and satellite surveillance, and the capacity of our consular service. ligence community in 1947. human intelligence has been neglected. Currently, in Brazil, visa applicants In the 15 years since the fall of the A case could be made that both the war must travel to one of three large cities Berlin Wall, there has been a growing in Afghanistan and the war in Iraq in order to get a visa for travel to the awareness that our national intel- were the products of our inadequate United States. ligence community is in need of serious human intelligence capabilities. We Since Brazil is the size of the conti- reform. Despite frequent reviews of the must make a major effort to rebuild nental United States, and these three intelligence community’s failures and our capabilities, and this legislation cities are located close together, this is structural problems—including the begins to address that problem. the equivalent of telling Americans Hart-Rudman Commission; the Gil- One of the most important elements who wish to secure a visa to Mexico more Commission; the Bremer Com- of a human intelligence program is a that they must first travel to either mission; the Congressional Investiga- corps of skilled and dedicated linguists. Dallas, Chicago, or Cleveland. While it tion of 9/11; and the 9/11—there has been Unfortunately, while our intelligence is probably not cost-effective to open continued reluctance and resistance to agencies still possess a more-than-ade- new consulates in every city that reform. quate number of Russian speakers, might need visa services, we should at Recent intelligence failures—most they lack individuals proficient in the lest open more visa offices, so that notably the failure to detect the Sep- Middle Eastern and Central Asian lan- these interviews can be conducted tember 11 plot, and the massive intel- guages that are of obvious current im- without unduly inconveniencing our ligence failures that led us to war in portance. This legislation, along with foreign guests. Iraq—have given new exposure to the language in the Defense authorization This legislation also includes a sec- problem and new momentum to reform bill that establishes a Reserve Officers tion addressing the United States’ rela- efforts. I am extremely pleased that we Training Corps counterpart for the in- tionship with Saudi Arabia. It points are now in a position to enact serious telligence community, helps to address out, and I quote, that ‘‘the Government intelligence reform legislation for the this problem as well. of Saudi Arabia has not always re- first time in over 50 years. I consider The third intelligence-related item sponded to promptly or fully to United this legislation to be one of the most deserving particular attention is the States requests for assistance in the important enactments of my 18 years issue of excessive classification. I want global war on Islamist terrorism,’’ and in the U.S. Senate. There are several to commend Senator WYDEN and Sen- particularly cities the Saudi govern- elements of this legislation which war- ator LOTT, who were very involved in ment’s inattention to the problem of rant more detailed comment. this aspect of the legislation. Our intel- terrorist financing. I would add that we One of the most important aspects of ligence community has developed an have compelling evidence to believe this legislation is the element that unhealthy obsession with secrecy, and that Saudi interests actually played a Senator ROBERTS was just discussing— this has often led to bad analysis and role in financing insurgents in Iraq and the need to centralize the intelligence bad decisions. This obsession with se- earlier the 9/11 hijackers. The extent of agencies is not an end in itself, but a crecy prevented intelligence agencies Saudi involvement in 9/11 was detailed platform from which we can move to that had knowledge of various ele- in a twenty-seven page section of our decentralize. ments of the 9/11 plot from ‘‘connecting 2002 joint House-Senate Intelligence As the United States military trans- the dots’’ and realizing that a major Committees report on the attacks of formed itself from the military of San terrorist operation was being plotted September 11, 2001. Unfortunately, Juan Hill and the World Wars, it first on American soil. This obsession with every one of those twenty-seven pages needed to centralize, under the Na- secrecy contributed to inadequate scru- was classified. This means that the tional Security Act of 1947, consoli- tiny of intelligence relating to Iraq, American people have, in that and dating the secretaries of the Army and and as a result we went to war because other instances, been denied important Navy into the Department of Defense, of weapons that did not exist, and ter- information about our relationship and then to decentralize, under the rorist connections that appear to have with Saudi Arabia. I hope that this in- Goldwater-Nichols Act in 1986 into the been imaginary. telligence reform legislation calling for joint commands of the modern mili- This obsession with secrecy poses a more dialogue on the U.S.-Saudi rela- tary. Our intelligence community serious and continuing threat to our tionship is heeded, and that increased needs to transform itself and move national security. As the late Senator attention to this relationship will lead from being designed around functions— Daniel Patrick Moynihan said, ‘‘Se- to greater transparency and candor. such as electronic eavesdropping, or crecy is for losers.’’ If we do not want Madam President, as I said in my satellite surveillance—to a focus on to lose in our struggle with the various farewell speech yesterday, in a quote missions, such as counterterrorism or threats we face today, we must aban- from Winston Churchill, ‘‘This is not counterproliferation. don this unhealthy obsession. This leg- the end, nor is it the beginning of the This legislation makes the appro- islation addresses this problem by di- end, but it is perhaps the end of the be- priate and necessary first step of cen- recting that more rational guidelines ginning’’. This Churchillian wisdom tralizing the intelligence community for intelligence classification be estab- also applies to what we are accom- under a Director of National Intel- lished, and that an independent board plishing today. There is more that still ligence. It also lays the foundation for be empowered to review these deci- needs to be done as we move beyond

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25840 CONGRESSIONAL RECORD—SENATE December 8, 2004 the end of the beginning of intelligence ate intelligence inquiry members and nesses. Congress held 44 hearings on reform. staff, the 9/11 Commission, and, par- the 9/11 Commission’s report and rec- Let me start with the President’s re- ticularly, the families of the victims of ommendations. sponsibilities. The President will have 9/11. The Governmental Affairs Com- the responsibility for making a series Today is a celebration of the success mittee, which I am honored to chair, of critical appointments, and he must of urgently needed reform, finally over- alone held 8 days of hearings and appoint creative, dynamic and ex- coming the inertia of the status quo. marked up this legislation for 2 full tremely hard-working people who can But, this is only the end of the begin- days. We were on the Senate floor for be effective in the challenging new ning. The President, the Congress, nearly 2 weeks. We considered hun- roles that we are creating. He must those Americans who do and will serve dreds of amendments to this bill. The also ensure that the people he appoints the intelligence community, bear the conference on the bill lasted nearly 2 promote a value system that is condu- responsibility of ensuring that the months and received a great deal of at- cive to open, honest and effective intel- promise of enhanced security through tention. ligence gathering and analysis. And he reformed intelligence is achieved. The I note that we have made substantive must also manage the relationships be- fulfillment of this promise will be nei- changes to only two provisions in the tween the new DNI and existing depart- ther quick nor easy. The most impor- conference report since November 20 ment and agency heads—most notably tant undertakings seldom are. But the when the conference agreement almost the Secretary of Defense—in order to goal is worthy of our most steadfast came to the Senate floor. ensure that the goals of intelligence re- commitment to its attainment. The November 20 language was wide- form are realized. The PRESIDING OFFICER. The Sen- ly circulated. It included being pro- The new DNI will also have tremen- ator from Maine is recognized. vided to the staff of the distinguished dous responsibility. He or she will have Ms. COLLINS. Mr. President, I ask senior Senator from West Virginia. to establish clear priorities for the in- unanimous consent that a list of my I assert that this was an extraor- telligence community, and this will be staff members who worked so hard on dinarily inclusive process, and all the reflected in the National Intelligence this bill over so many months be print- Members of the Senate have had ample Centers that are created to work, ed in the RECORD at this point. time to review the conference report alongside the National Counterter- There being no objection, the mate- since, with just two exceptions, which rorism and Counterproliferation Cen- rial was ordered to be printed in the have been highly publicized. It is the ters. The DNI must also revise current RECORD, as follows: same language, for the most part, ex- budget priorities, such as the research Michael, Bopp, Jane Alonso, Deborah cept for technical changes, as we re- and development budgets, and establish Barger, Don Bumgardner, Jen Burita, Elissa ported it on November 20. community-wide personnel policies Davidson, Ann Fisher, Jason Foster, Jen- I wanted to make those points. I that support the recruitment, training nifer Gagnon, Priscilla Hanley, Johanna know there are other Members desiring and retention of effective intelligence Hardy, Jennifer Hemingway, Keith Janssen, to speak. I will yield the floor, but I re- David Kass, Bruce Kyle. community personnel. Gordon Lederman, Lesley Leger-Kelley, serve the remainder of my time. Finally, there will be a responsibility James McKay, Bill Murray, Jon Nass, Amy Finally, Mr. President, I note that here on the Congress. In the Senate we Newhouse, Bill Priestap, Alec Rogers, Kate the Senator from New Hampshire, Mr. have taken steps to reform our over- Scontras, Amber Smith, Heather Smith, SUNUNU, wishes to speak in favor of the sight of intelligence. Terms limits on Cornelius Southall, Michael Stern, Sarah conference report. I am prepared to the Intelligence Committee have been Taylor, Monica Wickey, and Keith yield him some of my time, but I am removed. By creating a new appropria- Herrington. not certain how much time I have re- tion subcommittee for intelligence we Ms. COLLINS. Mr. President, I also maining. If I could be informed by the have freed the intelligence budget from want to list the conferees on this bill. Presiding Officer as to how much time its previously unbreakable link to the Contrary, perhaps, to the implications I have remaining, that would be help- defense budget. These are good starts. of what we have just heard, this was an ful. But we will also have to look at the extraordinarily open conference, where The PRESIDING OFFICER. The Sen- culture of the congressional oversight Democrats and Republicans negotiated ator has 10 minutes remaining. committees, and make sure that they side by side in every single meeting. It Ms. COLLINS. I will yield at the ap- direct their attention to the front was a bipartisan effort. propriate time 5 of my remaining min- windshield of the future, and the Senators LOTT, ROBERTS, VOINOVICH, utes to the Senator from New Hamp- threats that are coming at us, and COLEMAN, SUNUNU, DEWINE, LEVIN, shire. I thank the Chair. spend relatively less of their time on ROCKEFELLER, DURBIN, GRAHAM of Flor- The PRESIDING OFFICER. The Sen- looking through the rear view mirror ida, and Senator LAUTENBERG were the ator from Florida. at accidents that have already oc- Senate conferees on this important Mr. NELSON of Florida. Mr. Presi- curred. bill. I thank each of them personally dent, I yield myself 5 minutes of the By its nature, the intelligence com- for how hard they worked. Each of time of the Senator from West Vir- munity is going to create accidents them contributed greatly to the final ginia. from time to time. They need to be re- product, and I am very grateful for The PRESIDING OFFICER. Without viewed. But we cannot afford for them their support. objection, it is so ordered. to consume all of our oversight respon- I wish to also respond to the concept Mr. NELSON of Florida. Mr. Presi- sibility. It is in the future that new that somehow this issue was rushed. dent, I rise to state that I enthusiasti- threats are to be found, and it is our re- The fact is there have been numerous cally support this legislation. If I had sponsibility to be able to assure the reports and commissions that have to sum up in one sentence what would American people that our intelligence urged intelligence reform going back be one of the most powerful statements community is capable of identifying to 1954. Over and over again, problems as to why we need to pass this legisla- those threats, and of providing infor- were identified in our intelligence tion, it would be from the television mation to the appropriate decision structure, even as our country became interview of Governor Kean, the Chair- makers, in order to prevent those more vulnerable to asymmetric man of the 9/11 Commission, when he threats from becoming the next Pearl threats, such as terrorist groups. said: This bill will pass. It is just a Harbor, or the next 9/11. The 9/11 Commission, which did, in question of will it pass now or will it Madam President, in conclusion, I my view, an outstanding job, reviewed pass after the next terrorist attack. would like to note that this bill would more than 2.5 million pages of docu- His statement was full of so much not have been possible without an ex- ments, interviewed more than 1,200 in- meaning because of all the deliberation traordinary effort by dozens of mem- dividuals, held 19 days of hearings, and and the factfinding that the 9/11 Com- bers of Congress, the Joint House-Sen- took public testimony from 160 wit- mission had brought to the light of day

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25841 in showing how the intelligence appa- the future protection of this country. form bill with some reluctance, be- ratus of this country had failed us in That is why I support this bill, and I cause as a member of the Govern- alerting that we were about to be at- will be voting for this bill when we mental Affairs Committee I was also tacked. vote on it today. involved, as the chairman of the Appro- We do not have the luxury of two big Mr. President, on behalf of Senator priations Committee, in the enormous oceans protecting us as we have had in BYRD, I yield 5 minutes of his time to omnibus bill and I have not been able the past, for we now have a new kind of Senator LIEBERMAN, and I would then to pay the attention to this bill that I enemy who deals with stealthiness. Our yield back Senator BYRD’s time, except should have. I regret that some of my ability to protect ourselves is having for 5 minutes under Senator BYRD’s feelings about the bill reflect the fact I the information ahead of time so we control. was not there to participate in those can thwart the attack. The PRESIDING OFFICER (Mr. meetings. I do commend my colleagues It was also very revealing in the 9/11 SUNUNU). Is there objection? in both Houses of the Congress for Commission Report when they con- Mr. WARNER. Mr. President, I do not their hard work in coming to an agree- cluded that we are safer than Sep- understand. I ask the Presiding Officer ment on this bill. As with every con- tember 11, but we are not safe. to advise the Senate with regard to the ference, each voice is heard but none I commend the chair of the com- current parliamentary situation. When can dominate, and compromise is abso- mittee and her ranking member, as I left the floor earlier today, there was lutely required. they have done an extraordinary job in an informal arrangement that Senator I commend Senator COLLINS and Sen- the crucible of legislative give and STEVENS and Senator WARNER would ator LIEBERMAN for their attention to take to stand on their principles and to follow Senator BYRD. That is my recol- the concerns of the people of this Na- insist on those principles that a reorga- lection. I yield to the managers. tion and for this bill that addresses nization be done under which there Mr. NELSON of Florida. Mr. Presi- those concerns in the wake of Sep- would be accountability instead of the dent, do I have the floor? tember 11. I do not believe this bill separate and multifaceted intelligence The PRESIDING OFFICER. The fully resolved all of those concerns, but communities that we have seen in the Chair can clarify. There is no specific the American people should know that past that do not talk to each other. order to that effect. Does the Senator Congress has indeed passed a bill to re- My hat is off to the chair of the com- from Florida wish to clarify his unani- form our intelligence community. mittee and to the ranking member. My mous consent request? This process has been a long and ar- hat is also off to them because they Mr. NELSON of Florida. To my good duous one. I voted for the Senate have shown legislative dealmaking at friend, the chairman of the Armed version of this bill, when it passed the its best. They have done it with Services Committee, I am yielding Senate, with reservations. I was con- aplomb, with respect, with bipartisan- back Senator BYRD’s time. He still has cerned about the needs of the ship, with dignity, and that is the time left. I stated specific parameters, warfighters and the publication of the standard that has been so much a part 5 minutes for Senator LIEBERMAN and top line numbers of the intelligence of the historical tradition of the Sen- the additional 5 minutes that I stated. community and the broad authorities The PRESIDING OFFICER. Is there ate. And the two of them, Senator COL- granted to the Director of National In- objection? LINS and Senator LIEBERMAN, have telligence. It was my hope that these Ms. COLLINS. Mr. President, I do shown us that standard. This Senator concerns would be addressed, and they want to clarify apart from this issue from Florida is very grateful. have been partially met by this bill. There will be other issues that we that I believe there was an informal— I still believe that some of the sec- have to address in the future. Some of I thought we had made it formal—un- tions of the bill grant such authorities these additional questions on immigra- derstanding that Senator STEVENS to the Director of National Intelligence tion are absolutely critical to our fu- would follow Senator BYRD’s remarks, that place him or her above those of ture protection, and we can do that in and Senator WARNER would follow Sen- any member of the President’s Cabinet, the context of a big immigration bill. ator STEVENS’ remarks. But all the and by passing this bill we will have We simply cannot be safe if thousands Senator from Florida is trying to do— created an intelligence czar whose au- of people continue to come across the and I very much appreciate his en- thorities will far exceed any govern- Mexican border, as we have heard in dorsement of the bill—is to yield back mental official other than the Presi- testimony in our Commerce Com- the remainder of Senator BYRD’s time dent himself. I believe this should be of mittee—specifically with our chair- at the request of Senator BYRD. some concern to every Member of the The PRESIDING OFFICER. Is there man, JOHN MCCAIN—having witnesses Senate, and Senator BYRD has outlined objection? telling us how many people are coming The PRESIDING OFFICER. The Sen- some of those concerns. across the Mexico-Arizona border each This Director of National Intel- ator from Alaska. week. It absolutely staggers the imagi- Mr. STEVENS. Parliamentary in- ligence is not an elected official and is nation how we can have this porous quiry: It is my understanding that part not directly accountable to the Amer- border and protect ourselves from this of the time was to be yielded to an- ican people. The Director of National new threat of terrorism. So we have to other Senator. Intelligence will only be able to be deal with that issue. The PRESIDING OFFICER. The re- reined in by the President himself, and In part, this committee has dealt quest was to allot Senator LIEBERMAN 5 that, I believe, puts an overwhelming with it in giving new border agents and minutes of the remaining time. burden on the President of overseeing Customs officials, and for that I am Mr. STEVENS. At this time? this official and the actions of the Di- grateful. With more coastline than any Mr. NELSON of Florida. No. If the rector of National Intelligence on a other State, save for the State of Alas- Chair will clarify my statement. daily basis. No one else has any way to ka, my State of Florida is a place that The PRESIDING OFFICER. I believe control this official. is ripe for infiltration, and we need I just did. The request was to yield The intelligence community has also that extra protection. back the remainder of Senator BYRD’s provided support to the President, to I am looking forward to the con- time with the exception of 5 minutes to the administration itself, and to the tinuing debate and offering some obser- be granted to Senator LIEBERMAN and 5 Congress. I fear this bill goes far be- vations from the perspective of the minutes retained by Senator BYRD. So yond that role. When an individual or State of Florida as we get into that de- there would be 10 minutes reserved on an organization is given such broad au- bate. But for the time being, the reor- the minority’s time. thorities, the lines between policy- ganization of the intelligence appa- Without objection, it is so ordered. making and information gathering be- ratus, where there will be account- The Senator from Alaska. come blurred. This is particularly true ability and where there will be a cen- Mr. STEVENS. Mr. President, I rise in the intelligence field, and I continue tralized budget, is very important for to discuss this national intelligence re- to have reservations as to how this new

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25842 CONGRESSIONAL RECORD—SENATE December 8, 2004 organization will integrate these duties time to be used by another Senator, versations, for their guidance and as- with the overall governmental struc- and I would hope the managers would sistance on this vital issue as I worked ture and particularly with those of the yield to Senator CORNYN, if that is pos- with Chairman DUNCAN HUNTER. The Secretaries of State, Defense, and sible. issue was of great importance. I be- Homeland Security. Before my distinguished colleague lieve, as a matter of fact, it was crit- These are extraordinary authorities from Alaska departs the floor, I asso- ical that a clear record be laid out of that will be given to the Director of ciate myself with his goals in this the chronology of events that led to National Intelligence. That person will forthcoming legislation and would like this new language. exercise power far beyond those I have to cosponsor that with him. I think Back in August and September of seen even in wartime. In my years in that is very much needed. I do not join this year, when intelligence reform leg- the Senate, I have known 12 Directors or do that in any criticism of the dis- islation was being developed, the White of Central Intelligence. It has been my tinguished work done by the managers House, on September 16, provided draft privilege to know each one of them per- of this bill. They certainly were given legislation to the Congress. The proc- sonally. My roots in the intelligence a daunting challenge to perform in a ess was somewhat informal. I mean community go back to World War II very short period of time, but I hope some of the processes throughout this when I flew the OSS plane in China. the managers and others recognize the legislative consideration were some- Since then, I have had a great deal of need for oversight, perhaps in some re- what unusual. But, anyway, they pro- interest in and contact with members spect by my committee, the Intel- vided draft legislation. It suggested of the intelligence community and con- ligence Committee, and the Govern- legislation contain—and I refer to sec- tinue to have a great interest in the mental Affairs Committee, because of tion 6 on preservation of authority. operations of intelligence for our Na- the enormity of the power that this That is another definition of chain of tional Government. one individual has. command. This legislation would en- Clearly, I believe I know a little his- As it relates to my specific concerns, sure the protection of the chain of tory of intelligence. I challenge anyone that is of the chain of command and command as proposed by the President. to name any official of a friendly or ad- the operation of the new Director to in- The bottom line is Cabinet officers re- versarial intelligence service over the volve himself in some way in those de- main responsible for managing their past century who has been granted the cision processes, as that order comes departments and would remain ac- broad authority that this National In- down from the President through the countable for the actions of their de- telligence Director will have. JCS to the combatant commanders, we partments. What this requires, in my judgment, have to watch the execution of those I was advised at that time that this is persistent oversight by the Congress. powers very carefully. preservation of authority section was Each committee of the Congress with So I commend my distinguished col- drafted, indeed, with the personal in- oversight of intelligence matters must league, and I wish to thank our distin- volvement of the President and that he scrutinize the actions of the intel- guished majority leader for the very had expressed to his immediate associ- ligence community, and in particular openminded and fair manner in which ates the importance of this concept to this Director, to ensure there are he dealt with those of us who had some the President. checks and balances in this system concerns about this throughout. He Legislation reported to the Senate by that are required by our Constitution. was joined, I think in some respects, by the Government Affairs Committee did We must aggressively remain attuned the Democratic leader. Together with not include this section. That, of to assure that none of the freedoms we Senator STEVENS, Senator BYRD, Sen- course, was the chronology that the celebrate are hampered by this new en- ator SESSIONS, Senator KYL, Senator managers can provide if they deem nec- tity or its Director. ALLARD, Senator CORNYN, and Senator essary. Now, having said that, as I informed BURNS, and I will let them speak for The administration felt strongly the President previously, I will vote for themselves, but I thought their con- enough to appeal for the inclusion of this bill, but it is my intention to ask tributions to this Senator, and I think this provision of preservation of au- that each general counsel in the intel- from the conversations with the Sen- thority language during the Senate ligence community and the Depart- ator from Alaska, were very helpful as floor consideration of the bill. And in ment of Defense report to the next I began to work my way through what the Statement of Administration Pol- Congress, at least on a periodic basis, I perceived as my responsibility with icy, dated September 28, 2004, the ad- their interpretation and the subse- regard to this legislation in the capac- ministration urged the Senate to in- quent implementation of this legisla- ity as chairman of the Senate Armed clude section 6 of their proposed legis- tion in their Departments to ensure Services Committee. lation in the Senate bill. that these concerns of mine and those On Monday this week, I joined, at his On October 1, 2004, I introduced an that have been expressed by other Sen- invitation, Chairman DUNCAN HUNTER amendment during the floor debate to ators on the floor do not come to fru- of the House Armed Services Com- accomplish this very purpose, as estab- ition. mittee, indicating that I planned to lished by the administration in their Again, this is a bill that is needed, support this conference report, and communications. Unfortunately, after authority that is needed in the post-9/ that was predicated largely on the lengthy discussions with the floor man- 11 period. I believe still, as I have stat- achievements of Chairman HUNTER agers and the administration, I was ed repeatedly on the floor, there are and, to some extent, myself and others just not able to effect what I believed many Members of the Senate who do working with the managers in pro- was a compromise that would meet the not realize how much has been accom- viding a deletion of certain words in goals that I had set out and, if I may plished since 9/11, and I assume this bill the conference report and in their place say, I felt the goals that the adminis- will be interpreted in terms of the in- providing others that, in my judgment, tration had set out. Consequently, the telligence system as it exists today and give a greater degree of protection to amendment was not considered and not based upon the intelligence system the time-tested concept of chain of was withdrawn. that existed on September 11, 2001. command within our military forces. I remained concerned about pre- I thank the Chair. Again, I have been working, and I serving the authority of Cabinet offi- The PRESIDING OFFICER. The Sen- think it is important for the legislative cers to manage their departments and ator’s time has expired. history to set forth a chronology, on to remain accountable for the perform- The Senator from Virginia. the chain of command language over ance of their departments as well as Mr. WARNER. Mr. President, I ask several months. I am particularly protecting the integrity of the chain of the Presiding Officer to advise me grateful to the Vice President, with command, from the President to the when there is but 5 minutes remaining whom I had consultations, and his Secretary of Defense to battlefield on my time such that I can allow that staff, with whom I had continued con- commanders.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25843 In a statement on the Senate floor on think the new language achieves, in (a) the authority of the Director of the Of- October 4, 2004, during the course of large measure, that goal. fice of the Management and Budget, or that debate, before final passage, I Our Armed Forces are the finest in (b) the authority of the principal officers of clearly indicated I would vote for the the world and one of the reasons for the executive departments as heads of their respective departments, including, but not bill, but I had sufficient confidence their excellence is an unambiguous, limited to, under— that the process would once again take time-tested chain of command. Con- (1) Section 199 of the Revised Statutes (22 into consideration the positions of the sequently, I was very concerned, as was USC 2651); Senate and the House on the position my friend and colleague DUNCAN (2) Title II of the Department of Energy of chain of command, and that the con- HUNTER of the House Armed Services Organization Act (42 USC 7131); ferees would see the wisdom of incor- Committee, that the draft conference (3) State Department Basic Authorities porating that provision as desired by report, if it became law, would not be Act of 1956, as amended; drafted in such a way as to disrupt the (4) Section 102(a) of the Homeland Security the administration and along the lines Act of 2002 (6 USC 112(a)); and of the amendment that I had consid- integrity of our chain of command, or (5) Sections 301 of title 5, 113(b) and 162(b) ered. even possibly have the ambiguity that or title 10, 503 of title 28, and 301(b) of title Clearly, this chain of command issue gave rise to the ability for such disrup- 31, United States Code. has been of significant concern over tion. INTELLIGENCE REFORM CONFERENCE the past few weeks. It was one of the Chairman HUNTER exhibited strong, EVOLUTION OF CHAIN OF COMMAND ISSUE reasons the House of Representatives determined leadership as a House con- Current law, as established by the Gold- was not able to reach a decision to pro- feree on this issue, and I was privileged water-Nichols Defense Reorganization Act of ceed with a vote on this conference re- to work with him. We have shared such 1986, provides for a clear and unambiguous port prior to Thanksgiving. The record responsibilities, the two of us working military chain of command. This was a key reflects with clarity that it was impor- together, over more than two decades aspect of the reform legislation to ensure tant that this issue should be resolved. of service in our respective member- that combatant commanders were provided It was not a trivial matter—I repeat, it ships on the committees of the armed with the unity of command necessary for was not a trivial matter, as has been services of the Senate and the House. successful execution of military operations. suggested in press reports, attributing On Monday this week, after consulta- 10 USC 162 those quotes to others. tions with the White House, the Chair- SEC. 162. COMBATANT COMMANDS: ASSIGNED Each time our President sends the man of the Joint Chiefs of Staff, Chair- FORCES; CHAIN OF COMMAND. (a) ASSIGNMENT OF FORCES.— man HUNTER, and several conferees, an U.S. Armed Forces into harm’s way to (4) Except as otherwise directed by the defend our Nation, a series of events agreement was reached on the lan- Secretary of Defense, all forces operating happens, including specific orders to guage that protects the integrity of within the geographic area assigned to a uni- our combat support agencies, the De- this chain of command, in my esti- fied combatant command shall be assigned fense Intelligence Agency, the National mate, and preserves the authority of to, and under the command of, the com- Security Agency, the National Recon- heads of government departments to mander of that command. The preceding sen- naissance Office, and the National effectively manage their departments tence applies to forces assigned to a specified Geospatial-Intelligence Agency, to pro- and remain accountable for the per- combatant command only as prescribed by the Secretary of Defense. vide very specific supports to combat- formance of all elements of their de- (b) CHAIN OF COMMAND.—Unless otherwise ant commanders at specific times and partments. The final language is a sig- directed by the President, the chain of com- places. nificant change, which allays concerns mand to a unified or specified combatant This support is critical to the success of the Members, which I expressed pub- command runs— of virtually all military operations, licly on December 3 in a press state- (1) from the President to the Secretary of and those decisions often have to be ment. Defense; and made on a real time, instantaneous Other colleagues had approached me (2) from the Secretary of Defense to the basis. There can be no ambiguity in the with the same basic concerns. I think, commander of the combatant command. statutory framework or regulations and I have assured them in conversa- 10 USC 164 about these orders and the ability to tions, that they have largely been met SEC. 164. COMMANDERS OF COMBATANT COM- execute them. And there can be no con- and that this proposed conference re- MANDS: ASSIGNMENT; POWERS AND port, which will eventually become DUTIES. flicting directions to the implementers (c) COMMAND AUTHORITY OF COMBATANT of that intelligence to provide it and statutory law, has been greatly im- COMMANDERS. provide it expeditiously for the men proved. (1) Unless otherwise directed by the Presi- and women of the Armed Forces. The Therefore, I ask unanimous consent dent or the Secretary of Defense, the author- lives of our uniformed personnel are at that a copy of the preservation of au- ity, direction, and control of the commander risk, and the success of our military ef- thority provision for the November 20 of a combatant command with respect to the forts can often hang in the balance. draft conference report, as well as the commands and forces assigned to that com- The language contained in the No- final version be printed in the RECORD. mand include the command functions of— (A) giving authoritative direction to subor- vember 20 draft conference report po- There being no objection, the mate- rial was ordered to be printed in the dinate commands and forces necessary to tentially inserted the newly created carry out missions assigned to the command, Director of National Intelligence into RECORD, as follows: including authoritative direction over all as- this chain of command with the au- NOVEMBER 20, FINAL LANGUAGE PROPOSED BY pects of military operations, joint training, thority to direct military intelligence CONFERENCE BIG 4 and logistics; assets to what the DNI—that is the ac- SEC. 1018. PRESERVATION OF AUTHORITY AND (B) prescribing the chain of command to ronym for the Director of National In- ACCOUNTABILITY. the commands and forces within the com- Not later than 120 days after the date of telligence—considered higher prior- mand; the appointment of the first individual ap- (C) organizing commands and forces within ities, thereby possibly putting him in pointed as the Director of National Intel- that command as he considers necessary to conflict with the Secretary of Defense ligence, the President shall, and on an ongo- carry out missions assigned to the command; and the combatant commanders. Such ing basis, issue guidelines to ensure the ef- (D) employing forces within that command a situation would clearly, I judged, vio- fective implementation within the executive as he considers necessary to carry out mis- late the time-tested principle of con- branch of the authorities granted to the Di- sions assigned to the command; tinuity, of unity of command. rector of National Intelligence by this title (E) assigning command functions to subor- The new law, however, as now re- and the amendments made to this in a man- dinate commanders; and drafted, will presumably go forward for ner that maintains, consistent with the pro- (F) coordinating and approving those as- visions of this Act, the statutory responsi- pects of administration and support (includ- many years. Although soldiers will bility of the head of the departments of the ing control of resources and equipment, in- come and go, personalities will be dif- United States Government with respect to ternal organization, and training) and dis- ferent. Consequently, these potential such departments, including, but not limited cipline necessary to carry out missions as- ambiguities are best removed now. I to: signed to the command.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25844 CONGRESSIONAL RECORD—SENATE December 8, 2004 In recognition of the possible conflict be- cerning such departments, including, but not perfect bill.’’ I associate myself with tween the new authorities being provided to limited to: his opinion because there are several the National Intelligence Director and exist- (1) the authority of the Director of the Of- issues about which I remain concerned; fice of Managements and Budget; and ing chain of command statutes, the Bush Ad- namely, the authorities of the Director ministration’s September 16 legislative pro- (2) the authority of the principal offices of posal to implement the 9–11 Commission rec- the executive departments as heads of their of National Intelligence to establish ommendations contained a specific provision respective departments, including, but not personnel policy for military personnel to ensure protection of existing chain of limited to, under— and transfer them within the National command authorities. (A) section 199 of the Revised Statutes (22 Intelligence Program; the ability of SEC. 6. PRESERVATION OF AUTHORITY AND AC- USC 2651); the Director of National Intelligence to COUNTABILITY. (B) title II of the Department of Energy transfer and reprogram funds; the role Nothing in this Act or amendments made Organization Act (42 USC 7131 et seq.); (C) the State Department Basic Authori- of the Director of National Intelligence by this Act shall be construed to impair or in major intelligence acquisition pro- otherwise affect the authority of: (1) the Di- ties Act of 1956; rector of the Office of Management and (D) section 102(a) of the Homeland Security grams managed largely by the Depart- Budget; or (2) the principal officers of the ex- Act of 2002 (6 USC 112(a)); and ment of Defense; and the relationship ecutive departments as heads of their respec- (E) sections 301 of title 5, 113(b) and 162(b) between the DNI and the Director of tive departments, including, but not limited of title 10, 503 of title 28, and 301(b) of title 31, the CIA, and between the DNI and the to, under section 199 of the Revised Statutes United States Code. Director of the National counterterror- (22 USC 2651), Title II of the Department of Mr. WARNER. It has been clear, es- ism Center. Energy Organization Act (42 USC 7131), the pecially after the July report issued by At this point, I say thanks to Sen- State Department Basic Authorities Act of the Senate Intelligence Committee ator STEVENS. I have worked closely 1956, as amended, section 102(a) of the Home- under the leadership of Chairman ROB- land Security Act of 12002 (6 USC 112(a)), and with the Central Intelligence Agency ERTS and Chairman ROCKEFELLER, sections 301 of title 5, 113(b) and 162(b) of and the Directors of that organization title 10, 503 of title 28, and 301(b) of title 31, about weapons of mass destruction in for these many years. The principal United States Code. Iraq and the valuable contribution of headquarters is in my State. I am priv- The November 20 conference proposal con- the 9/11 Commission and the comments ileged to have had a long series of close tained inadequate protection of the chain of and thoughts of many others, that led personal relationships with not only command provisions as it subordinated these to the impetus for the United States to the Directors but many of the asso- sections of law to the new authorities vested have had major reform of our national ciate directors and others—indeed, the in the Director of National Intelligence. This intelligence system. That was needed. employees. I think overall they have proposal was opposed by Chairman Duncan The Governmental Affairs Com- Hunter. stood the test of time and done their mittee was given this challenge and ac- SEC. 1018. PRESERVATION OF AUTHORITY AND very best to provide America with the ACCOUNTABILITY. cepted it. They have worked to the best best intelligence, and most particu- Not later than 120 days after the date of of their ability, and their final work larly the men and women of the Armed the appointment of the first individual ap- product brings us to this point today Forces. pointed as the Director of National Intel- where I presume there will be a strong Consequently, I will join others in ligence, the President shall, and on an ongo- vote to endorse that workmanship. this Chamber to carefully monitor ing basis, issue guidelines to ensure the ef- It has been my position during this fective implementation within the executive oversight implementation of this legis- process, however, to ensure that we do lation over the coming months, and branch of the authorities granted to the Di- no harm to the immeasurably im- rector of National Intelligence by this title will, if deemed necessary, offer such and the amendments made to this title in a proved intelligence system that has legislation, an example being what the manner that maintains, consistent with the been built for our battlefield com- distinguished Senator from Alaska just provisions of this Act, the statutory respon- manders over the past 15 years since mentioned, when appropriate to fur- sibility of the head of the departments of the shortcomings were identified during ther strengthen this law to alleviate United States Government with respect to and after the Persian Gulf war. Senator any unintended consequences of this such departments, including, but not limited STEVENS commented on that. That is to: legislation. one of the reasons we were associated Again, I congratulate the managers (a) the authority of the Director of the Of- in working on this language change. A fice of the Management and Budget; or of this bill. I look forward to working (b) the authority of the principal officers of much improved system exists today, with them as we implement these re- the executive departments as heads of their and it will continually evolve in be- forms and build an intelligence system respective departments, including, but not coming more improved. that provides the best possible support limited to, under— It has been the goal of the Senate for our national decisionmakers, and (1) Section 199 of the Revised Statutes (22 Armed Services Committee, working most particularly to those in uniform USC 2651); with other committees of the Senate (2) Title II of the Department of Energy serving on the distant battlefields and during this deliberative process on this ramparts of the world. Organization Act (42 USC 7131); intelligence reform, to ensure that in- (3) State Department Basic Authorities I ask unanimous consent to have Act of 1956, as amended; telligence support to the President, the printed in the RECORD a working docu- (4) Section 102(a) of the Homeland Security Congress, senior policymakers, and ment on the chain of command issue Act of 2002 (6 USC 112(a)); and tactical commanders is enhanced. The which Chairman HUNTER and I used (5) Sections 301 of title 5, 113(b) and 162(b) agreement we reached on Monday is during our deliberations on this issue, or title 10, 503 of title 28, and 301(b) of title crucial in accomplishing that goal. and in response to questions that were 31, United States Code. The new language in the conference The proposed December 6 agreement be- directed to us, as well as a chronology report before us today is a substantial of events associated with consideration tween Senate conferees and Chairman improvement. President Bush, in his Hunter provides necessary protection of of chain of command language during chain of command statutes. letter to the Congress on December 6, deliberations of this bill. 2004, stated that it is his intention to SEC. 1018. PRESIDENTIAL GUIDELINES ON IM- There being no objection, the mate- PLEMENTATION AND PRESERVA- develop guidelines and regulations rial was ordered to be printed in the TION OF AUTHORITIES. using the statutory guidance provided RECORD, as follows: The President shall issue guidelines to en- in this provision ‘‘to ensure that the CHRONOLOGY PRESERVATION OF AUTHORITY/ sure the effective implementation and execu- principles of unity of command and au- tion with the executive branch of the au- CHAIN OF COMMAND PROVISIONS IN THE IN- thority are fully protected.’’ TELLIGENCE REFORM AND TERRORISM PRE- thorities granted to the Director of National With this agreement, it is now time Intelligence by this title and the amend- VENTION ACT OF 2004 ments made by this title, in a manner that to move forward to approval of this July 22, 2004—9/11 Commission Report re- respects and does not abrogate the statutory bill, and I shall vote for it. Earlier leased. responsibilities of the heads of the depart- today, the distinguished majority lead- August 2004—relevant committees of Con- ments of the United States Government con- er made reference to this bill as ‘‘not a gress conduct hearings.

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25845 September 16, 2004—White House provides as I might have remaining to Senator and not just from the sophisticated ap- suggested legislation on intelligence commu- CORNYN. paratus of a national intelligence orga- nity reform to relevant committees of Con- The PRESIDING OFFICER (Ms. COL- nization. gress, which includes a section 6 on ‘‘Preser- LINS). The Senator from New Hamp- We have to coordinate and collect vation of Authority’’ for heads of executive departments to manage their departments shire is recognized. that information and then disseminate and remain accountable for their perform- Mr. SUNUNU. I thank the Chair. it and do a better job of sharing that ance. It is a pleasure to stand in support of information. September 23, 2004—Government Affairs the intelligence reform bill. A final area of reform I would under- Committee reports S. 2845 to the full Senate In my remarks today in support of score is that with this legislation we for consideration, without ‘‘Preservation of the bill, I want to first emphasize that set clear guidelines, a clearer process, Authority’’ provision. there is no real way we can know ex- and in many ways an easier process, for September 28, 2004—White House submits actly and precisely what all of the ben- getting key pieces of information to Statement of Administration Policy sup- efits might eventually occur due to the porting S. 2845, but expressing concern about the decisionmakers that will act on several issues including the lack of a ‘‘Pres- reforms made by this bill. I think both that information. ervation of Authority’’ provision stating, the House and Senate went through a We saw, unfortunately, time and ‘‘The Administration supports inclusion of good-faith effort to try to develop a again in the wake of September 11 mo- this provision [Section 6, Preservation of Au- better, a better intelligence organiza- ments where there existed important thority and Accountability, of the Adminis- tion, better rules for sharing informa- information, but for a variety of rea- tration’s proposal] in the Senate bill.’’ tion than we currently have, changes sons that information wasn’t placed in October 1, 2004—Senator Warner submits that conform in many ways to some of the right hands at the right time. So Amendment No. 3876 to S. 2845, to preserve the authority of heads of executive depart- the difficulties identified, and rec- information sharing, as simple as it ments to manage and remain accountable for ommendations made by the September may sound, is a critical piece of the re- the performance of their departments. 11 Commission. But the real motivator form element in this bill. October 4, 2004—Debate on Warner ‘‘Preser- for reform I think began even prior to For all of those reasons, I am very vation of Authority’’ amendment ends with September 11. pleased to support the legislation be- no agreement. Modified language jointly I think the impetus for change in our cause I think it will create a much bet- drafted by White House and Senator Warner intelligence organization begins with ter framework for understanding where is rejected. Amendment is withdrawn. the fall of the Iron Curtain, the end of we are successful and where we need to October 6, 2004—S. 2845 is passed by the Senate, but without a section on ‘‘Preserva- the Cold War, the disintegration of the continue to improve our intelligence tion of Authority.’’ Senator Warner voices Soviet Union, and the emergence of gathering. Not every objective, not support for the overall legislation but cites terrorism—now the greatest national every goal, will be attained in the next continuing concerns, including the lack of a security threat that faces America and year or the next 2 years. But this orga- ‘‘Preservation of Authority’’ clause, and in- our allies—and concerns over the pro- nizational structure, the rules for in- dicates his intent to try to resolve these con- liferation of weapons technology to telligence sharing, this budget process, cerns during the conference process. terrorists around the world. That was all will make our intelligence organiza- October 10, 2004—H.R. 10 is passed by the obviously brought to the forefront with tion much more effective. House. October 16, 2004—Conference begins. the attacks of September 11. But the A lot of concerns have been raised October 18, 2004—Director, OMB, and Na- fact that we have a new set of threats about the legislation. A lot of people tional Security Advisor send joint letter to and a new set of risks to American se- point out the obvious—that it is not a conference chairmen expressing administra- curity is what calls on us to review the perfect piece of legislation. I don’t tion views on conference issues, including structure of our intelligence agencies think anyone has ever come to the urging conferees to include section 6 of the and to make the recommendations for floor of the Senate or the House of Rep- original administration proposal on ‘‘Preser- change that are embodied in this bill. resentatives claiming they had finally vation of Authority,’’ and indicate this sec- With this legislation, we will im- tion is one of President Bush’s three core written the perfect piece of legislation. principles for the bill. prove the budget process for intel- But a lot of those criticisms as well are October 20–November 19, 2004—Conferees ligence agencies by giving more power on a weak foundation; concerns, for ex- exchange approximately 12 offers and and authority to the Director of Na- ample, about the process, the speed and counteroffers on ‘‘Preservation of Author- tional Intelligence, the DNI. The DNI the timing with which this legislation ity’’ language. will coordinate where the funds and re- was written. November 20, 2004—Conference managers sources should be allocated among the The suggestion was made earlier last propose final language. Chairman Hunter in- 15 various agencies that have responsi- month that the Senate had rushed dicates his objection to the language believ- ing it would potentially insert the DNI into bility for intelligence gathering in the through this piece of legislation, that the chain of command. Senate conferees ap- United States and around the globe. we moved it through too quickly, that prove draft conference report 13–2. House We reform the standard of account- there was not enough time taken for conferees defer action on conference report. ability by having an independent Di- deliberations and hearings. I think of November 21, 2004—House and Senate ad- rector of National Intelligence. I think all the criticisms, that is probably the journ without taking action on the con- there is, to borrow a phrase from the weakest I have heard. ference report. previous speaker, a clearer chain of The Chair well knows through a November 22–December 5, 2004—consulta- command for responsibility and ac- number of hearings we collected infor- tions between Chairman Hunter, Chairman Warner, Vice President Cheney, several con- countability in setting priorities and mation—not just from the September ferees, and General Richard B. Myers, Chair- setting goals for the President of the 11 Commission and all the work they man of the Joint Chiefs of Staff, on appro- United States and all of those in the did on these issues, not just from the priate language to ensure the integrity of Government who rely on our intel- families of those who were lost on Sep- the chain of command. ligence-gathering operation. tember 11, but from intelligence-gath- December 6, 2004—Agreement is reached We reform the process of coordi- ering organizations, from the FBI, between administration, conference man- nating between these 15 agencies. We from local law enforcement, informa- agers, Chairman Hunter, and other con- have a new counterterrorism Center tion that was critical to developing cerned Members of Congress, on revised ‘‘Preservation of Authority’’ language that that will be the central focus for gath- legislation before the Senate today. directs the President to issue guidelines for ering information threats from law en- The criticism of the process that implementation that, ‘‘shall respect and not forcement and intelligence agencies somehow the conference between the abrogate the statutory responsibilities of around the country. House and Senate was done in secret is head of the departments of the United States We now have a much better under- simply without foundation. The con- Government. . . .’’ standing of the degree with which crit- ference negotiations were extremely Mr. WARNER. Madam President, I ical pieces of information can come inclusive. In many ways I argue they yield the floor. Again, I yield such time from local or State law enforcement, were inclusive because they included

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me. When the conference negotiations and gratitude of the Senator from Mr. MCCAIN. Mr. President, I came and the discussion about the final leg- Maine and this Senator for all he con- here to applaud the enormous efforts of islative language is inclusive enough to tributed to this historical decision. my two colleagues, Senator COLLINS make available a role for the 95th most I yield to Senator COLLINS. and Senator LIEBERMAN. This has been senior Member of the Senate, it is a The PRESIDING OFFICER (Mr. a task that has been, in the view of pretty inclusive process. There were SUNUNU). The Senator from Maine. many, insurmountable. This piece of Democrats in the room at the most Ms. COLLINS. Mr. President, let me legislation was declared dead on nu- sensitive times as well as Republicans. make a brief comment in response to merous occasions. It was through their It was bipartisan discussion and nego- the recent discussion on the chain of tenacity, hard work, and willingness to tiation. command language. compromise that we now have perhaps Obviously, not everyone got every- First, I am very pleased we were able one of the most significant and impor- thing they wanted in the final bill. to reach agreement with the chairman tant reorganizations of the Federal of the House and Senate Armed Serv- When the process is criticized for being Government certainly since 1947 when ices Committee on this language. Since exclusive or it was rushed, that criti- we created the Department of Defense. I did not see the documents that the cism is most often made by someone It is all very good news. No one could who just did not quite get everything chairman put into the RECORD, I state very clearly for the record that noth- describe it better than my two col- they wanted in the bill. leagues who point out this is a law that There is a criticism that we should ing in the final language in this bill in any way weakened the authority of the has to be translated into action. We have included more immigration or law have to change the reorganization of enforcement provisions. This bill does new National Intelligence Director. In fact, the Director of National In- the boxes, but we also have to change deal with immigration in a direct and telligence will have significant budg- the culture, a culture that led the substantive way: increasing customs etary and other authorities and that President of the United States to pro- agents and beds for detainees; better makes sense. We do not want to create ceed to war on the assumption that information sharing that will make a just another layer of bureaucracy. We Saddam Hussein had weapons of mass huge difference for the INS and for oth- do not want to create a figurehead. We destruction, which apparently he did ers engaged in securing our borders. want to empower this individual with not; an assumption that caused our But it does not have every provision the authority to be able to marshal the Secretary of State to testify before the recommended by the House of Rep- resources to counter the very serious U.N. Security Council that Saddam resentatives, so it should come as no threats we face both today and in the Hussein was amassing weapons of mass surprise we will deal with many of future. destruction, an assumption that, unfor- these issues, perhaps with a more com- In my judgment, nothing in this bill tunately, misled other intelligence prehensive immigration reform bill, in has ever hindered military operations agencies throughout the world, not the next session of Congress. or readiness, but I am pleased we were only that of the United States of Amer- What is in the bill improves the sta- able to draft some additional language ica. But, as always, America leads. So tus quo, improves the current situa- that has provided some comfort to I applaud their outstanding work. As tion. That is something for which we those who were concerned. they said, this is the beginning of a be- can all be pleased. All Members have our first priority ginning, but it is an important begin- We have a lot of work to do on over- to the brave men and women who are ning. Without this legislation, I do not sight in the coming session. We have a fighting on the front lines of freedom. believe we could make significant lot of work to do to make sure this leg- That is why this bill was very carefully progress. islation does what we intended it to do. drafted to keep tactical and joint mili- I would like to thank the families of But it is an outstanding effort. I com- tary intelligence programs under the 9/11 who have steadfastly supported mend the work of the chairman and the exclusive control of the Pentagon but this legislation. Without their support, ranking member on the Governmental to make sure those national assets it would still be sitting at the desk as Affairs Committee as well as the House which serve multiple customers—in- it was the day Senator LIEBERMAN and conferees. cluding the President’s National Secu- I proposed it. I think their work is not The PRESIDING OFFICER. The Sen- rity Council, our covert agents in the over as well, because one of the failures ator’s time has expired. CIA, as well as our military—to ensure of this body has been a total lack of The Senator from Connecticut. that those assets are controlled by the congressional oversight reorganization. Mr. LIEBERMAN. Madam President, Director of National Intelligence just Still, there are numerous committees I thank the Chair. Senator MCCAIN is as today they are controlled by the Di- of congressional oversight. There has on the way. rector of the CIA in his role as head of been no coordination, there has been While Senator SNOWE is in the Cham- the intelligence community. ber and is the Presiding Officer, I no consolidation, and in the words of I am told by those who have worked my friend, John Lehman, a member of thank the Senator from New Hamp- entire careers with the CIA that the shire for the extraordinary contribu- the 9/11 Commission, in his words: The Department of Defense has always been old bulls are more interested in pro- tions he made to this bill and to the very happy with the relationship that conference both on what used to be the tecting their turf in Congress than allows a priorities committee to work they are in national security. Governmental Affairs Committee—I out and resolve any conflicts in the use suppose it still is—and now the Home- of these national assets. Certainly, this That is a tough indictment, but I land Security and Governmental Af- language and this bill as a whole, the think it is true; there is no meaningful fairs Committee, particularly on the reorganization as a whole, will improve congressional oversight because of our conference. the quality of intelligence that is pro- failure to implement even the most Senator SUNUNU was an extraor- vided to our troops, as well as making modest reforms of congressional over- dinarily important member, very civilians at home safer. That is our sight, with the exception of permanent steadfast in support of genuine reform, goal. That is what this legislation membership on the Intelligence Com- and very skillful as a legislator, both achieves. mittee. within the Senate conference and with- Mr. President, the Senator from Ari- I want to point out and just talk for out, on the occasional missions on zona has arrived. He has been a stal- a minute about what has caused the which he would be dispatched to the wart proponent of reform. He has holdup here the last month or so; that other body where, I gather from the worked very closely with Senator is, the immigration issues. record, he previously served and still LIEBERMAN and me. I am very grateful First, I always believed this legisla- has some people listen to him when he for his leadership and support. tion was about reorganization of our goes over there. The Senator from New The PRESIDING OFFICER. The Sen- intelligence capabilities and not about Hampshire should feel the great pride ator from Arizona. immigration. I think I can state with

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We rec- whelming our health care facilities, to is unmet, you are just not going to stop ommend and now put, with the force of shootouts on our freeways, to other him until he figures out how to con- law, aggressive steps for outreach to terrible things that are happening all vince our Government to meet it. the Muslim world. We call for eco- across the State of Arizona. We passed In this case, within a month after nomic development in the Muslim a ballot initiative this last election September 11, 2001, JOHN MCCAIN and I world, for the extension of freedom’s which, although I opposed, was cer- were together somewhere and he raised range in the Muslim world, for the in- tainly an expression of the frustration the subject that there ought to be an crease of exchange programs—students, that the people of my State feel. But I independent, nonpartisan investigation faculties, others—between the United would also point out, if anyone believes of how this outrageous attack on the States and predominantly Muslim that simply strengthening our borders United States by Islamist terrorists countries, which is the ultimate hope is the answer to our Nation’s illegal could have happened and what we can for a secure future. immigration problem, they do not un- do to make sure, to the best of our So I thank the Senator from Arizona derstand the problem. God-given ability, it never happens for his kind words, and I return them Fifteen years ago, we declared a war again. to him. I hope it does not hurt his rep- on drugs, and we decided we would stop We put the bill together in a commis- utation, but in addition to being a the flow of drugs across our borders sion. We had opposition. Every step straight talker, he is a great doer as which was poisoning the bodies and was tough, but ultimately it was well. minds of our young Americans. The adopted and filled brilliantly by a Mr. President, as the Senate stands fact is, the cost of an ounce of cocaine group of citizens. Both parties rose to poised now to adopt this 9/11 Commis- on the street in Phoenix today is less the occasion and presented a report sion recommendation bill, I believe we expensive than it was 15 years ago. that was a scathing indictment of the are at the brink of a turning point in Why? Because there was a demand, and status quo, an intelligence community our governmental history. It reflects where there is a demand, there is going without anybody in charge, where peo- the turning point that occurred, trag- to be a supply. ple with information in the FBI, CIA, ically, outrageously, on September 11, There is a demand for workers for and other agencies were not sharing it when we were attacked by 19 Islamist jobs that Americans will not do. What with each other, and the gnawing con- terrorists who, as someone else has we have to have is comprehensive im- clusion that if the intelligence commu- said, hated us more than they loved migration reform that certainly entails nity had been better organized and the their own lives, and so they killed strengthening our borders, increasing dots had been connected, we could have themselves to express that hatred and Border Patrol, and having better laws prevented September 11 from hap- took with them 3,000 innocent Ameri- and better enforcement. pening. cans. The issue of driver’s licenses has to JOHN MCCAIN and I welcomed that re- With this vote, we in Congress are be discussed and debated because we port which came out at the end of July. saying that one era in our history, in are heading down—in a little straight We began to work together to draft our national security history, has talk—we are heading down a path to- into legislation all of the recommenda- ended and another one has begun when ward a national ID card. I think that is tions of the 9/11 Commission. He was we search for better and different ways something we ought to discuss and de- persistent in driving to put those out to protect ourselves from our sworn en- bate at some length before we take there. His staff and mine worked very emies. We are changing from one na- that step as a necessary one, if it is, in hard. We did so right after Labor Day. tional security strategy to another, the war on terrorism. I am pleased to say, once again, as a re- from a Cold-War strategy to a strategy So we have to have a comprehensive sult of the persistence and patriotism fit to bring us to victory in a war approach to immigration reform, and I of the Senator from Arizona, most of against terrorism. hope that will be a top priority agenda the contents of that original legisla- Our purpose in this legislation all item. tion are in this conference report. Not along, from its drafting through its I say again that I am committed, and just the establishment of the Director hearings, through the extensive nego- I know the President of the United of National Intelligence and the coun- tiations and now with its passage, was States is committed, to overall, com- terterrorism Center but a remarkable to advance a new vision of how to pro- prehensive immigration reform. I look host of constructive and progressive tect the American people in an unfor- forward to working with my friends on recommendations from the 9/11 Com- tunately new world with different dan- the other side of the aisle. This has to mission, which, frankly, most of the gers, where our enemies don’t distin- be a bipartisan issue, but it must be ad- country does not even know about yet, guish between soldiers and citizens or dressed because we can never assure which I believe and have confidence foreign and domestic military targets. the American people that they are safe they will feel good about as they find The brilliant work of the 9/11 Commis- from terrorists if our borders are pene- out about them because they go not sion informed us that a lack of what trated, as they are today, by people just to transportation security, not they called the unity of effort, strong who can easily come across illegally. just for aviation, but for all modes, for leadership, accountable leadership, al- But, overall, we also owe it to all men border security, civil liberties, and pri- lowed good intelligence to slip through and women who live and work in this vacy. our grasp, enabling the terrorists of Nation to have certain protections. In an age of terrorism, when the Gov- September 11 to evade our defenses. I look forward to working with my ernment will have to be more actively I have said before and I will say it colleagues, and, again, my congratula- involved in our lives, we want to pro- again—it is a homely analogy or meta- tions to them. tect the freedom that defines us as phor—the American intelligence com- Mr. President, I yield the floor. Americans. munity today is like a very good foot- The PRESIDING OFFICER. The Sen- There is a very progressive, far- ball team with great players but no ator from Connecticut. sighted section which says ultimately quarterback. This bipartisan proposal Mr. LIEBERMAN. Mr. President, I we are going to do everything we can, we are about to vote on will create a thank my friend, the Senator from Ari- hopefully with the assistance of a quarterback, a strong quarterback. It zona, for his kind words. I was just greatly improved and organized intel- will upend the status quo which failed

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD 25848 CONGRESSIONAL RECORD—SENATE December 8, 2004 us on September 11 and on other occa- and friends of those we lost on Sep- There appears to be a sufficient sec- sions in our recent history by reorga- tember 11. They represent the best of ond. nizing many of our intelligence agen- our country. They reflect our strength, The yeas and nays were ordered. cies to create a unified command and our resilience, our values, our patriot- Ms. COLLINS. I thank all of my col- control structure so that one person, ism, our sense of purpose, our commit- leagues for their help and support. the new Director of National Intel- ment and optimism. No matter what Mr. FRIST. Mr. President, as we ap- ligence, will be in charge and account- the obstacles, America and the Amer- proach this truly historic vote, I want able for the Nation’s intelligence oper- ican people will go on and will prevail. to once again thank those who have la- ations. We will prevail because we represent a bored so hard to get to this point over When somebody asks in the future, cause, the cause of freedom, the cause the last days, weeks, and literally ‘‘Who is in charge?’’ the question will of opportunity. I hope and pray the months. not be met with the same blank stares passage of this legislation will help the Senators COLLINS and LIEBERMAN, the chair and ranking member, deserve our and nonanswers that greeted the 9/11 families of 9/11 find some peace, as I am highest praise—we oftentimes say that, Commission when they asked that confident it will help all Americans but I mean it literally—for their pro- question. The answer will be, ‘‘the DNI find cause for greater confidence in our fessionalism, dedication, persistence, is in charge,’’ the Director of National Nation’s future security. and bipartisanship, which is something Intelligence, is in charge and respon- I thank the Chair and yield the floor. that we stressed up front from day one, sible. That, we are confident, will make The PRESIDING OFFICER. The Sen- when Senator DASCHLE and I first this Nation and its people safer. ator from Maine. Ms. COLLINS. Mr. President, we are talked after the 9/11 Commission rec- The urgency of our times has de- on the verge of voting on historic legis- ommendations came. It has been there manded prompt action, but it has not lation, landmark legislation that will throughout. I say thank you. been so prompt as to negate thoughtful reform our intelligence structure to JOHN MCCAIN also stands out as consideration of just about every sen- allow us to better fight the war against someone who endeavored to give the tence and word in this conference re- terrorism and to counter future secu- 9/11 Commission life and to add many port; prompt because we are, after all, rity threats. We will be taking a struc- key elements to the Senate bill, many a nation at war. A war like none other ture that is characterized by stove- of which are in this legislation, all of we have ever fought, a war in which we pipes, by a lack of sharing of informa- which work toward the implementa- must maximize our resources, begin tion, that was so indicated in the 9/11 tion of those 9/11 Commission rec- anew to meet our enemy and defeat Commission Report as being a major ommendations. Senator WARNER and them and find better ways to utilize cause of intelligence failures. The 9/11 Senator STEVENS both labored to make the enormously capable human intel- Commission, over and over again, de- sure we got the intelligence support to ligence assets we have and the extraor- scribed the good people in our Govern- the military right, to make sure we did dinary technological assets we have as ment straining against structures that this in the correct way. JON KYL, part well to transform our ability to defend did not allow them to communicate ef- of our leadership team, worked hard on ourselves. fectively vital information; thus, no issues. I thank PAT ROBERTS for his It never hurts to quote Sun Tzu, the one assembled the pieces of the puzzle diligent and persistent efforts. A whole classic Chinese strategist of war, who that might have allowed us to detect host of Members on both sides of the said: the hijackers’ plot against our country. aisle have participated. If you know yourself but not the enemy, We have reorganized the intelligence I want to mention DENNY HASTERT, for every victory gained you will also suffer agencies into a new structure where who played a critical role in bringing a defeat. If you know neither the enemy nor one person clearly will be accountable this legislation to fruition, which yourself, you will succumb in every battle and responsible. The new Director of played out before the American people . . . but if you know the enemy and know over the last several weeks. We would yourself, you need not fear the result of a National Intelligence will be able to hundred battles. marshall the resources we need to not be here right now without the un- counter the threat to our citizens. We flagging leadership of President Bush The American people know them- have a National Counterterrorism Cen- to fight the war on terror and to meet selves. We know our strengths. We ter, a National Counterproliferation the greatest challenge of our time. His know our purpose. We know our prin- Center designed to bring together ana- commitment has been steady. It has in- ciples. As a result of this bill, I am con- lysts from all the agencies so they can volved direct participation. He made it fident we will better know our enemy pool their talents, analyze the intel- clear to me from day one that it is his and, therefore, have much less cause ligence, and produce better informed highest priority to make America for fear. reports. safer. I want to say a final word about the This legislation will help make This bill moves America into a posi- families, the survivors of September 11, America more secure, and that is what tion where we can say—once he signs because they truly were our inspiration this entire debate is all about. As my the bill—that America will be safer. throughout this journey to reform. colleague, Senator LIEBERMAN, has elo- Lastly, I thank the 9/11 families, They insisted on the creation of a 9/11 quently stated: The status quo failed without whom much of the momentum commission and they insisted that its us. Our bill may not be perfect. As the simply would not have been there to recommendations be acted upon by Presiding Officer indicated, no bill is. see this bill all the way through. They Congress and supported by the Presi- But it represents an enormous im- inspired us, they turned their personal dent. That is exactly what has hap- provement over the status quo. tragedies into action, and it is mani- pened, across party lines, across Cham- We cannot turn away from the intel- fested in the bill. bers, the executive branch and legisla- ligence failures that have cost the lives In the 3 years since the 9/11 attacks, tive branch, working together. This is of thousands of American citizens. We we learned a lot about our Nation’s an accomplishment which everyone have to act. I am very proud that the vulnerabilities, our strengths, and the here involved, and those involved at Senate today will approve historic leg- steps that we must take, many of the White House, can celebrate. But ul- islation that will make our country which we are taking today in this bill. timately it is a victory for the Amer- more secure. The bill will certainly make our Nation ican people and particularly for these Mr. President, I know Senator FRIST safer. Much more needs to be done, and survivors of 9/11. Their self-sacrificing plans to come down and speak right be- we all recognize that; but this is a courage brings us to this historic mo- fore the vote, and he has arrived on major leap forward. ment of reform. cue. I do want to take this opportunity As I said earlier, strengthening I said before, the American people to request the yeas and nays. America at home and abroad, moving know themselves. If you want to know The PRESIDING OFFICER. Is there a America forward in the pursuit of free- the American people, meet the families sufficient second? dom and prosperity, and protecting the

VerDate Aug 31 2005 10:19 Sep 10, 2008 Jkt 029102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR04\S08DE4.002 S08DE4 cprice-sewell on PROD1PC72 with BOUND RECORD December 8, 2004 CONGRESSIONAL RECORD—SENATE 25849 American people in our homeland have Mr. DASCHLE. Mr. President, I sug- tinue to provide Internet service to been the driving motivations of the gest the absence of a quorum. schools and libraries. 108th Congress, and they are captured The PRESIDING OFFICER. The It can all be taken care of so easily— in this bill. clerk will call the roll. and I do not know of any disagreement Mr. President, I believe we are ready The legislative clerk proceeded to on the substance of the issue—if we to proceed to a vote. At this juncture, call the roll. pass this bill tonight. It is my under- I will yield back all time. Mr. NELSON of Florida. Mr. Presi- standing there are a couple of Senators The PRESIDING OFFICER. All time dent, I ask unanimous consent that the who have a hold on this for completely is yielded back. The question is on order for the quorum call be rescinded. different reasons unrelated to any of agreeing to the conference report to ac- The PRESIDING OFFICER (Mr. this subject matter. There are discus- company S. 2845, the Intelligence Re- COLEMAN). Without objection, it is so sions going on in this U.S. Capitol form and Terrorism Prevention Act of ordered. Building right now over the lifting of 2004. f those objections so at the last few min- utes, the clock is showing, of this ses- The yeas and nays have been ordered. E-RATE PROGRAM The clerk will call the roll. sion of the Senate, we can take up the The legislative clerk called the roll. Mr. NELSON of Florida. Mr. Presi- House bill and pass it. That is all we Mr. MCCONNELL. The following Sen- dent, as we are awaiting the final mo- have to do and do it by unanimous con- ators were necessarily absent, the Sen- ments of this session of Congress, there sent with no objections. ator from Missouri, Mr. BOND, the Sen- are deliberations going on in the Cap- If we do not do this tonight, then we ator from Colorado, Mr. CAMPBELL, the itol about an agreement to come forth are going to have to come back and go Senator from Utah, Mr. HATCH, the with legislation—my understanding, through the whole process again—pass Senator from Mississippi, Mr. LOTT, already passed by the House—that will it in the House, pass it in the Senate— the Senator from Oklahoma, Mr. NICK- allow Internet service to be provided to and in the meantime have schools such LES, and the Senator from Oregon, Mr. schools and libraries. This is the very as Roberts Elementary in Tallahassee, SMITH. popular and widely acclaimed E-Rate FL, be concerned whether they are Further, if present and voting, the Program that had been set up back in going to have an e-rate, at the same Senator from Utah, Mr. HATCH, would the nineties. The idea was that we time threatening telephone subscribers have voted ‘‘yea.’’ lower the cost of providing Internet to by thinking their bills are going to go Mr. REID. I announce that the Sen- schools and libraries so that students up in order to pay for this worthwhile ator from Iowa (Mr. HARKIN), the Sen- who would not otherwise have an op- program, and none of that is necessary. ator from South Carolina (Mr. HOL- portunity of experience on the Internet I call on cooler heads to prevail and LINGS), and the Senator from Hawaii would be able to get it at school. allow this program that is so necessary (Mr. INOUYE) are necessarily absent. I visited such a school last week in for the education of so many of our I further announce that, if present Tallahassee, FL. It is a school that is children to achieve that objective we and voting, the Senator from Iowa (Mr. state of the art in all of the electronic all embrace, which is an equal oppor- HARKIN) would vote ‘‘aye.’’ provisions but yet, as part of the tunity for an education for all children. The PRESIDING OFFICER (Mr. school system of that county, Leon Before I yield the floor, Mr. Presi- COLEMAN). Are there any other Sen- County, is able to afford it because vir- dent, I see the Senator from Montana ators in the Chamber desiring to vote? tually all of their schools do have the has just come in. Just so I may inform The result was announced—yeas 89, Internet provided. This particular him, I have just given this Senator’s nays 2, as follows: school, Roberts Elementary, in a rural impassioned plea for the E-Rate Pro- [Rollcall Vote No. 216 Leg.] section outside of Tallahassee in Leon gram and why we need to pass this bill County, has a diverse student popu- YEAS—89 tonight. I have laid out the reasons, lation. It spans the socioeconomic and I want the Senator from Montana Akaka Dodd Lugar spectrum and, indeed, there are a num- Alexander Dole McCain to know a specific example of a school Allard Domenici McConnell ber of students at this school who, if I visited last Friday, Roberts Elemen- Allen Dorgan Mikulski they did not have Internet experience tary in Tallahassee, FL. Baucus Durbin Miller at school, would not have the oppor- The Senator well knows not only uni- Bayh Edwards Murkowski tunity to learn how to use the Internet versal service and the importance of Bennett Ensign Murray Biden Enzi Nelson (FL) and have available to them the services universal service to the rural areas of Bingaman Feingold Nelson (NE) on the Internet. his State, as I do with mine—no matter Boxer Feinstein Pryor The long and short of it is we would Breaux Fitzgerald how long the lines are that have to be Reed Brownback Frist be depriving, because of socioeconomic run out there—but that in that Uni- Reid Bunning Graham (FL) status, a significant part of our student Roberts versal Service Program is this funding Burns Graham (SC) Rockefeller population an equal opportunity to an mechanism for providing Internet serv- Cantwell Grassley Carper Gregg Santorum education, and that is a standard we all ice to schools and libraries. Chafee Hagel Sarbanes hold up as something that is worth- The final point I wish to make for Chambliss Hutchison Schumer while to strive for. Sessions the Senator, who missed my remarks Clinton Jeffords It all comes down to tonight. The E- Cochran Johnson Shelby earlier, is that this is so important be- Coleman Kennedy Snowe Rate Program is going to stop, not be- cause there are many students whose Collins Kerry Specter cause there is any diabolical movement families cannot afford Internet at Conrad Kohl Stabenow here to take it away, because there cer- home, and, therefore, their only experi- Cornyn Kyl Stevens Corzine Landrieu Sununu tainly is not—it is widely acclaimed ence of this is going to be getting it at Craig Lautenberg Talent and widely popular—but because of a school. That was clearly evident to me Crapo Leahy Thomas new accounting glitch in one of our at Roberts Elementary in Tallahassee, Daschle Levin Voinovich agencies. I won’t go into the details of Dayton Lieberman Warner FL. DeWine Lincoln Wyden this new method of accounting. It is, in It is my hope that now with the mel- essence, saying you are going to have lifluous and golden tones coming forth NAYS—2 to take away the fund that would sup- from the Senator from Montana, that Byrd Inhofe ply the Internet to schools at a reduced he would bring us some good news NOT VOTING—9 rate. The alternative to that is—and about the negotiations of passing this Bond Hatch Lott this is not a very palatable alter- bill tonight. Campbell Hollings Nickles native—that telephone rates for the Mr. President, I yield the floor. Harkin Inouye Smith Universal Service Program are going to The PRESIDING OFFICER. The Sen- The conference report was agreed to. go up to provide this money to con- ator from Montana.

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