Senate the Senate Met at 9:31 A.M

Home , Jim DeMint, Kiss up kick down, Priscilla Owen, William Myers (lawyer)

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, WEDNESDAY, MAY 25, 2005 No. 71 Senate The Senate met at 9:31 a.m. and was appoint the Honorable SAM BROWNBACK, a our lifetime. That is because this issue called to order by the Honorable SAM Senator from the State of Kansas, to per- involves the very special and unique re- BROWNBACK, a Senator from the State form the duties of the Chair. lationship between the Senate and the of Kansas. TED STEVENS, Presidency and the special relationship President pro tempore. between the Senate and the courts. It PRAYER Mr. BROWNBACK thereupon as- involves all three branches of govern- The Chaplain, Dr. Barry C. Black, of- sumed the Chair as Acting President ment. In addition, it involves the inter- fered the following prayer: pro tempore. action between the minority and ma- Let us pray. f jority parties within the Senate. Sovereign God, fountain of light, RESERVATION OF LEADER TIME The Senate confronts so many sig- Your Senators still face deep valleys nificant issues every month, every and challenging mountains. Please The ACTING PRESIDENT pro tem- year, but none of them touches the don’t remove their mountains, but give pore. Under the previous order, the grand institutions of American democ- them the strength to climb them. May leadership time is reserved. racy the way this one does. The Presi- they discover that the power required f dent has the constitutional obligation for life’s low and high places will come to appoint judges, and the Senate has from You. Remind them to greet those RECOGNITION OF THE MAJORITY LEADER the constitutional responsibility to two imposters—success and failure— offer its advice and consent. with the same equanimity and faith. The ACTING PRESIDENT pro tem- For 214 years, the Senate gave every Help them to see that the race is not to pore. The majority leader is recog- nominee brought to the floor a fair up- the swift and the battle not to the nized. or-down vote. Most we accepted; some strong, but true victory comes only f we rejected. But all of those nominees from You. Take from them distracting got a vote. SCHEDULE worries, and give them more trust. In the last Congress, however, the Lord, empower each of us today to Mr. FRIST. Mr. President, today, fol- minority leadership embarked on a new keep our hearts pure, to keep our lowing the leader time, we will begin a and dangerous course. They routinely minds clean, to keep our words true, 1-hour period of morning business. filibustered 10 of President Bush’s ap- and to keep our deeds kind. After morning business, we will resume We pray in Your holy Name. Amen. pellate court nominees and threatened postcloture debate on the nomination filibusters on 6 more. Organized and f of Priscilla Owen to be a U.S. circuit fueled by the minority leadership, PLEDGE OF ALLEGIANCE judge for the Fifth Circuit. Yesterday, these filibusters could not be broken. The Honorable SAM BROWNBACK led the Senate invoked cloture by a vote of By filibuster, the minority denied the the Pledge of Allegiance, as follows: 81 to 18. Today at noon, we will vote up nominees a confirmation vote and I pledge allegiance to the Flag of the or down on the Owen nomination. Fol- barred the full Senate from exercising United States of America, and to the Repub- lowing that vote, it is my intention to its obligation to advise and consent. lic for which it stands, one nation under God, proceed to the Bolton nomination. The purpose of those filibusters was indivisible, with liberty and justice for all. There has been a request for a large clear. It was not only to keep the f amount of time, so we would like to President’s nominees off the bench; it APPOINTMENT OF ACTING begin those statements right away. We was to wrest control of the appoint- PRESIDENT PRO TEMPORE will finish the Bolton nomination be- ments process from the President. Any- fore the end of the week, and I thank one who did not pass the minority lead- The PRESIDING OFFICER. The my colleagues in advance for their par- ership’s ideological litmus test would clerk will please read a communication ticipation in that important debate be filibustered. That meant a minority to the Senate from the President pro and the opportunity to complete that would dictate whom the President tempore (Mr. STEVENS). nomination confirmation this week. should appoint, if he expected that The bill clerk read the following let- nominee to get a confirmation vote in ter: f this body. That was a power grab of un- U.S. SENATE, JUDICIAL FILIBUSTERS precedented proportions. PRESIDENT PRO TEMPORE, Mr. FRIST. Mr. President, the con- With more filibusters threatened for Washington, DC, May 25, 2005. To the Senate: firmation over judicial filibusters is, I this Congress, the power grab would be- Under the provisions of rule I, paragraph 3, believe, the greatest single constitu- come even bolder. It would become of the Standing Rules of the Senate, I hereby tional issue to confront the Senate in even more entrenched. Fundamental

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

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VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5860 CONGRESSIONAL RECORD — SENATE May 25, 2005 constitutional principles were called busters would occur only under what I yield the floor. into question. They included the sepa- are called in the agreement ‘‘extraor- f ration of powers, checks and balances, dinary circumstances.’’ I was not a RECOGNITION OF THE MINORITY the independence of the judiciary, and party to that agreement, nor was our LEADER the negation of the Senate’s right to Republican leadership. It stops far advise and consent. The minority short of guaranteeing up-or-down votes The ACTING PRESIDENT pro tem- claimed the right to impose a 60-vote on all nominees. It stops far short of pore. The Democratic leader is recog- threshold before a nominee could pass the principle on which this leadership nized. muster, for that is the number needed stands. It leaves open the question of f to invoke cloture and to break a fili- whether someone such as Miguel MOVING FORWARD buster. The Constitution doesn’t say Estrada, who came to this country as a that. It only requires a majority to 17-year-old immigrant from Honduras, Mr. REID. Mr. President, I am sorry confirm. But for a minority spinning worked his way to the top of college I was unable to be on the floor for the novel constitutional theories, the real and law school, and tried 15 cases at entire statement of the Republican Constitution took a back seat. the Supreme Court, who was filibus- leader. I think we should just move on. The Republican majority tried first tered again and again and again, fili- Filibusters are only under extraor- to invoke cloture on each of the judi- bustered 7 times, would be an extraordinary circumstances. That is when cial nominees, but driven by the minor- dinary circumstance. you filibuster. I have been involved in ity leadership, the filibusters proved Now we move on to a new and an un- two filibusters during my career of al- resilient to cloture. Then we intro- certain phase. Today, the Senate will most 19 years in the Senate. That is duced a filibuster reform proposal and, happily confirm Priscilla Owen to the two more than most people have been with regular order, took it through the Fifth Circuit Court of Appeals. Some of involved in. Filibusters don’t happen Rules Committee, but it died without the other nominees will follow her. very often. I think we should move be- action because it was sure to be filibus- Priscilla Owen is a gentlewoman, an yond this and get the business of the tered as well. accomplished lawyer, and a brilliant country done. Let’s not talk about the So then we turned to the voters in Texas jurist. She was unconscionably nuclear option any more. Let the Sen- November. The election strengthened denied an up-or-down vote for not just ate work its will. Let’s get over this. I our majority. But the minority ignored a few months or a year or 2 years but have said it is good that it is over with, the election and even dug their heels in for 4 years. It was over 4 years ago that done. further. Faced with the certainty that she was nominated to this position. I wish the distinguished majority the minority would expand its filibus- The minority has distorted her record. leader and I could have worked some- ters, we faced a critical choice: either They have cast aspersions on her abili- thing out on our own. We didn’t. It was accept the filibuster power grab as the ties. They have rendered her almost done by 14 people, 7 Democrats and 7 new standard for the Senate or restore unrecognizable. She had the fortitude Republicans. We have important things the tradition of fair up-or-down votes to see the process through. Very late, to do. There is no question that these on nominees. too late, but finally, she will receive an five people—actually that is what it We, as Republican leadership, decided up-or-down vote and will be confirmed. boiled down to—are important, but to stand for a principle. That principle Without the constitutional option, keep in mind they all had jobs. They is simple and clear. It is clear without Priscilla Owen would have never come were all working. It is not as if they equivocation, without trimming. Every to a vote today. Neither would any of were in a bread line someplace. It is judicial nominee brought to the floor the other nominees. The other side unfortunate that during the last 12 made it clear that they would fili- shall get a fair up-or-down vote—a sim- years there have been problems with buster. Without the constitutional op- ple principle. these judges, and I would say problems The Constitution specifically gives tion, judicial filibusters would have be- we never had before. the Senate the power to govern itself. come a standard instrument of minor- During the Clinton years, we had ity party policy. We were fully committed to use that more than 60 nominees that never even The agreement among those 14 is power to establish a process by which a got a hearing. We talked yesterday based on trust, a trust that casual use about what happened in the Bush confirmation vote would occur after of judicial filibusters is over. Without years. Let’s put that behind us and reasonable debate. This approach has a the constitutional option, the minority move on. Let’s forget about it and have lot of precedent. We were prepared to would have adhered to the path it was the Senate work its will. If a problem use this approach. The minority at- on, and deal brokers would have had no comes up with a judge, there will be tempted to demean it by calling it the deal to broker. nuclear option, surrounding it with I am very hopeful now and opti- discussions between the Senator from threats of closure of government and mistic, but I am curious what ‘‘ex- Tennessee and me. If it is necessary, stopping this body from working. But traordinary circumstances’’ will mean. there will be extended debate, and we realistically, the nuclear option is I am wary, but as Ronald Reagan was will talk about it. That is not going to what they did. It is what they did when fond to say, ‘‘Trust but verify.’’ If happen very often. We know that. So they detonated this filibuster power nominees receive up or down votes and let’s just go about our business. I had a grab in the last Congress. the sword of the filibuster is sheathed, wonderful conversation with the Attor- The proper term for our response is then the Republican leadership can be ney General of the United States yes- the ‘‘constitutional option’’ because we proud that its focused direction on the terday. He acknowledged, let’s move would rely on the Constitution’s power constitutional option arrested a dan- on. I said, fine, let’s move on. Let’s just of self-governance to restore Senate gerous and destructive trend. move on and not talk about this any traditions barring judicial filibusters. If filibusters erupt under cir- more. Against their unprecedented power cumstances other than extraordinary, I have had extended conversations grab by filibuster—that is what I would we will put the constitutional option with the distinguished Republican call the nuclear option—there is only back on the table and will implement leader, and the next matter that the one antidote that is certain, that it. Abraham Lincoln once said that Senate is going to be involved in is the would absolutely be effective, and that when it is not possible to do the best, Bolton nomination. We are clear on the is the constitutional option. it is best to do what is possible. Stand- Democratic side to move forward. I The moment of truth was to have ing firm for the principle of fair up-or- think it would be in the best interest of come yesterday on May 24, but, as we down votes, we have made real everybody if we get this agreement all know, that action was preempted by progress. That is something I think we made as quickly as possible and we can an agreement among seven Democrats can all celebrate with the up-or-down move forward. That is why I hope my and seven Republicans to forestall use vote Priscilla Owen receives today. friend from Montana—if somebody of the constitutional option in ex- That principle will be our guidepost as comes to the floor and we can clear change for confirmation votes on just the rest of this great constitutional this in the next little bit, that should three nominees and a promise that fili- drama unfolds. be done. I don’t want us being blamed

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5861 for not being able to go forward with the Interior. He was confirmed by the Finally, in 2004, the Governors of the Bolton nomination. Senate to serve as Solicitor of the Inte- Montana, Alaska, Hawaii, Idaho, and Mr. FRIST. Mr. President, I appre- rior by unanimous consent. Nevada—five States in the Ninth Cir- ciate the comment of the Democratic Before coming to the Department, cuit—strongly backed Mr. Myers, writ- leader. We have agreed on the schedule Mr. Myers practiced at one of the most ing that he had the ‘‘temperament and for the week, and it is really to get to respected law firms in the Rocky the judicial instincts to serve on the the Bolton nomination as soon as we Mountain region, where he participated Ninth Circuit.’’ possibly can. He is talking to Senators in an extensive array of Federal litiga- The Ninth Circuit needs more judges on his side, and I have to talk to some tion involving public lands and natural just to get their work done, to clear on our side. We are both eager to get resource issues. out the backlog. They can use some on to the nomination, which we plan to From 1992 to 1993, he served in the good old rural common sense on that do today. Department of Energy as Deputy Gen- bench as well. He brings that kind of I appreciate the Democratic leader eral Counsel for Programs, where he common sense, that kind of balance, coming to encourage us along. We will was the Department’s principal legal those values that are dear to the West. work things out here shortly on the adviser on matters pertaining to inter- Out of the Ninth Circuit, we have plans to proceed to the Bolton nomina- national energy, Government con- seen many rulings that have been very tion after the Owen nomination. tracting, civilian nuclear programs, troubling to most Americans and some power marketing, and intervention in f really radical rulings. They are the State regulatory proceedings. He really court that ruled the words ‘‘under MORNING BUSINESS earned his stripes there. God’’ in the Pledge of Allegiance were The ACTING PRESIDENT pro tem- Prior to that, he was assistant to the unconstitutional. Now, to a lot of us, pore. Under the previous order, there Attorney General of the United States that doesn’t make a lot of sense. But I will be a period for the transaction of from 1989 to 1992. In this capacity, he will tell you, it was evidenced by the morning business for up to 60 minutes, prepared the Attorney General for his continual overturning of many of the with the first half of the time under responsibilities as chairman of the Ninth Circuit rulings. That court has President’s Domestic Policy Council. the control of the majority leader or been overturned more than any court Before entering the Justice Depart- his designee, and the second half of the in the land. ment, Mr. Myers served 4 years on the time under the control of the Demo- Bill Myers is a man of strong char- staff of the Honorable Alan Simpson of cratic leader or his designee. acter, who would reestablish balance in Wyoming, where he was a principal ad- The Senator from Montana is recog- the Ninth Circuit by accurately reflect- nized. viser to the Senator on public land issues. Everyone, in my memory, re- ing those commonsense values—in f members with great fondness Senator other words, that old country lawyer NOMINATION OF WILLIAM MYERS Simpson of Wyoming. that came to town who understands people. He will reflect the population Mr. BURNS. Mr. President, now that Mr. Myers is an avid outdoorsman. He is a person who is totally com- from those States, such as my State of we have established the ‘‘new’’ guide- Montana, which make up the Ninth lines—which have always been there— mitted to conservation, having served over 15 years of voluntary service to Circuit. confirming or rejecting the appoint- I am committed to making sure he ment of judges to the Federal appellate the National Park Service, where he did all the menial jobs—trail work, gets the vote he deserves on the floor courts, I have come to the floor today campsites, and visitor areas, under- of the Senate. to speak in support of William Myers, standing our Park Service and its role Mr. President, I yield the floor and who is the President’s nominee to the in American life. suggest the absence of a quorum. Ninth Judicial Circuit. He, as nominees He has also received widespread sup- The ACTING PRESIDENT pro tem- Owen, Brown, and Pryor, deserves a port from across the ideological polit- pore. The clerk will call the roll. straight up-or-down vote on the floor ical spectrum. For example, former The bill clerk proceeded to call the of the Senate. Democratic Governor of Idaho, and roll. I got a call last night from a con- good friend, Governor Cecil Andrus, Mrs. HUTCHISON. Mr. President, I stituent in Montana who didn’t under- stated that Myers possesses ‘‘the nec- ask unanimous consent that the order stand what an up-or-down vote was on essary personal integrity, judicial tem- for the quorum call be rescinded. the floor of the Senate. So I explained perament, and legal experience,’’ as The PRESIDING OFFICER (Mr. VIT- to her that it is a ‘‘yea’’ or a ‘‘nay,’’ well as ‘‘the ability to act fairly on TER). Without objection, it is so or- and whoever gathers the most votes matters of law that will come before dered. wins. That is as simple as I could put him on the court.’’ Mrs. HUTCHISON. Mr. President, it. Of course, she understood. Former Democratic Wyoming Gov- how much time remains? Bill Myers is a native of Idaho and is ernor Mike Sullivan endorsed Mr. The PRESIDING OFFICER. There is a highly respected attorney who is na- Myers saying that he ‘‘would provide 16 minutes 23 seconds remaining. tionally recognized for his work. He is serious, responsible, and intellectual Mrs. HUTCHISON. I thank the Chair. an expert in the area of natural re- consideration to each matter before Mr. President, we have taken one sources, public lands, water and water him as an appellate judge and would step forward in the last few days on our law and, most importantly, environ- not be prone to the extreme or ideolog- advise and consent responsibility in mental law. ical positions unattached to legal the Senate. I am here today to say we Mr. Myers has been nominated to the precedents or the merits of a given are doing the right thing by one nomi- Ninth Circuit Court of Appeals, which matter.’’ nee, and that is to have a fair up-or- covers my State, along with Arizona, That is a pretty high recommenda- down vote on Judge Priscilla Owen to California, Hawaii, Idaho, Nevada, Or- tion by two outstanding Governors. By be a justice on the Fifth Circuit Court egon and also Guam and the Northern the way, they are Democrats and are of Appeals after 4 years of waiting for Marianas—by far, the largest of all of good friends of mine. this day. the appellate district courts. It is huge. In addition, in 2004, Mr. Myers was During this entire process, she has The caseload is huge. And always the endorsed by 15 State attorneys general, continued to serve on the Texas Su- caseload has burdened them to where including the current Senator Ken preme Court, demonstrating judicial we don’t get a verdict very quickly in Salazar of Colorado, as well as the temperament beyond anything I have the Ninth. Most of us subscribe to the Democratic attorneys general of Okla- ever seen. She has waited patiently, view that justice delayed is justice de- homa and Wyoming. These chief law showing courage, determination, and a nied. enforcement officers stated that Mr. quiet spirit, the likes of which I have From July 2001 to October 2003, Mr. Myers ‘‘would bring to the Ninth Cir- never seen before. Myers served as Solicitor of the Inte- cuit strong intellectual skills, com- This is a person who would have been rior, the chief legal officer and third bined with a strong sense of civility, confirmed by the Senate four times, ranking official in the Department of decency, and respect for all.’’ though she has never been able to take

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5862 CONGRESSIONAL RECORD — SENATE May 25, 2005 her rightful place on the bench. On of our country also agree this period their last reunion this spring, and she May 1, 2003, she received 52 votes in a should end. They agreed by the votes went. She told me she learned things cloture motion; on May 8, 2003, 52 they cast for Senators who are com- about her dad she had never heard be- votes; on July 29, 2003, 53 votes; and on mitted to up-or-down votes. There were fore because, of course, it was from the November 14, 2003, 53 votes. Democrats who ran on that platform perspective of his college classmates. She has waited, and she is going to be and won, and there were Republicans I ended that speech by saying I hope rewarded. She will get over 50 votes, who ran on that platform and won. Priscilla Owen will be able to go to this and she will take her place on the I hope very much that today we will year’s reunion of the class of 1953 and bench. Justice Owen ought to receive end a dark period in the Senate and re- that she would be able to go as a Fifth 100 votes. Anyone who has looked at turn to the traditions of the past 200 Circuit Court of Appeals judge. her record and who has seen her experi- years and not only confirm Priscilla In about 2 hours, this Senate is going ence knows she is a judge who does not Owen, as we are going to do today, but to finally do the right thing for this believe in making law from the bench. start the process of giving up-or-down woman of courage, conviction, and She believes in interpreting law, trying votes to the other nominees who have quiet respect for the rule of law and for to determine what the Supreme Court come out of committee after thorough our President, quiet respect for the has said on this subject, trying to de- vetting and after debate of any length Senate that I do not think has merited termine what the legislature intended, of time that is reasonably necessary to that respect in her individual case, al- as it is her responsibility to do. To de- bring everything to the table and to though I love this institution. But she pict Justice Owen as a judicial activist the attention of the American people. does respect the institution, the proc- is absolutely wrong. President Bush is In the end, every one of these people ess, and most especially the judiciary trying to put jurists on the bench who has reputations and experience and of our country. Priscilla Owen is fi- have a strict constructionist view of they deserve the respect of an up-or- nally going to be treated fairly by the the Constitution, who interpret as op- down vote. Senate. I know the class of 1953 is Priscilla Owen, I have to say, is the posed to making laws from the bench. going to invite her back, and I know perfect person to be first in line to Justice Owen, as has been said so she will attend as a judge on the Fifth break a bad period in the history of the many times, has bipartisan support in Circuit Court of Appeals to once again Senate because she is a person of im- Texas. Fifteen State bar presidents— hear stories about her dad, Pat peccable credentials. She is a person Republicans and Democrats—have Richman, a man she never met but who with a great record of experience, come out in her favor. The American is so respected by those classmates be- showing what a smart, honorable judge Bar Association gave her a unanimous cause he was one of the class stars. can be. She is a person who graduated well-qualified rating, the highest they It is time that Priscilla Owen has at the top of her class at Baylor Law give. She was reelected to the Texas that opportunity. I am pleased the Sen- School. She is a person who received Supreme Court with 84 percent of the ate is finally going to give her what is the highest score on the State bar vote. Priscilla Owen has had distor- rightfully due and long overdue, and exam. She is a person who practiced tions of her record. She has had that is an up-or-down vote, where I am innuendoes about what she believes, no law for over 15 years and was so well regarded that she was asked to run for confident she will be confirmed. She one speaking from knowledge, and yet will make America proud because she she has never lashed out, she has never the Texas Supreme Court, and she did so. She is a person who was reelected will undoubtedly become one of the shown anger or bitterness, always a ju- best judges on the Federal bench in the dicial demeanor, always respect for the with 84 percent of the vote and endorsed by every major newspaper in United States of America. Senators as they were questioning her. Texas. No one ever said anything bad I yield the floor and I suggest the ab- I believe it is an important time in sence of a quorum. the Senate that we are now voting on about Priscilla Owen as a person. Her record has been distorted, but she is a The PRESIDING OFFICER. The someone who has been held up for four clerk will call the roll. years, and I hope this is a time that is person of impeccable credentials. I was able to talk with Priscilla in The assistant legislative clerk pro- never repeated in Senate history. I the last few days. She is so happy that ceeded to call the roll. hope we will go forward with all of the she is going to finally have this oppor- Mr. OBAMA. Mr. President, I ask judges who should have the respect tunity because she certainly has with- unanimous consent that the order for given to people willing to serve, people stood so much. This is going to be a the quorum call be rescinded. who have taken an appointment with bright day in her life. And Priscilla The PRESIDING OFFICER. Without the honest view that they can do a Owen deserves a bright day. objection, it is so ordered. good job for our country and, in many I said in one of my earlier speeches f cases, taking pay cuts to do so. I hope that the classmates of her father at they will be treated by the Senate in AMERICA’S NUCLEAR Texas A&M, the class of 1953, have a re- NONPROLIFERATION POLICY the future with respect. I hope we can union every year. They realized at debate their records according to the their reunion 2 years ago that one of Mr. OBAMA. Mr. President, we have different views. But in the end, I hope their classmates who died very early been spending a considerable amount of they will get an up-or-down vote, not had a legacy. The class newsletter time in this body debating the so- only for these nominees, but out of re- came out saying, with a headline: ‘‘Pat called nuclear option. Today I want to spect for the President of the United Richman’s Legacy,’’ and it told the spend a little bit of time talking about States. Our President, George W. Bush, story of Priscilla Owen. It related back an issue that poses a more significant has had fewer circuit court of appeals to her dad in the class of 1953 at Texas threat to our Republic. nominees confirmed by the Senate A&M when it was an all-male school, Throughout the last half of the 20th than any President in the history of and almost every member of the Corps century, one nation more than any our country—69 percent. Every other of Cadets went into the service after other on the face of the Earth, defined President of our country has had con- graduation, as did Pat Richman. and shaped the threats posed to the firmation rates in the seventies, Pat Richman served in Korea. He left United States. This nation, of course, eighties, and even Jimmy Carter in the his sweetheart, whom he had just mar- was the Soviet Union and its successor nineties, and yet our President has not ried, pregnant, as he took off for Korea. state, Russia. had his right under the Constitution Priscilla was born while he was gone. While many have turned their atten- for appointment of judges who would He came back to see her for the first tion to China or other parts of the get an up-or-down vote by the Senate. time when she was 7 months old. Pat world, I believe the most important I hope that period in the history of Richman died of polio 3 months later. threat to the security of the United the Senate is at an end today. I hope His daughter, of course, never remem- States continues to lie within the bor- this is the first day of going back to bered anything about him, but he was a ders of the former Soviet Union in the the traditions of over 200 years, except star in the class of 1953. form of stockpiles of nuclear, biologi- for that brief 2-year period in the last When the newsletter came out, they cal, and chemical weapons and mate- session of Congress. I think the people decided to invite Priscilla Owen to rials.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5863 We are in a race against time to pre- key Russian weapons facilities had se- rapid deterioration of democracy and vent these weapons from getting in the rious security shortcomings. Many the rule of law, bizarre and troubling hands of international terrorist organi- Russian nuclear research sites fre- statements from President Putin about zations or rogue states. The path to quently have doors propped open, secu- the fall of the Soviet Union, the abuses this potential disaster is easier than rity sensors turned off, and guards pa- that have taken place in Chechnya, and anyone could imagine. There are a trolling without ammunition in their Russian meddling in the former Soviet number of potential sources of fissile weapons. Union—from the Baltics to the Ukraine material in the former Soviet Union in Meanwhile, the security situation to Georgia. sites that are poorly secured. The ma- outside of Russia continues to be of The Russians must understand that terial is compact, easy to hide, and grave concern. Fanatical terrorist or- their actions on some of these issues hard to track. Weapons designs can be ganizations who want these weapons are entirely unacceptable. easily found on the Internet. continue to search every corner of the At the same time, I believe we have Today, some weapons experts believe Earth resorting to virtually any means to do a better job of working with the that terrorist organizations will have necessary. The nuclear programs of na- Russians to make sure they are moving enough fissile material to build a nu- tions such as Iran and North Korea in the right direction. This starts by clear bomb in the next 10 years—that is threaten to destabilize key regions of being thoughtful and consistent about right, 10 years. the world. We are still learning about what we say and what we do. Tone I rise today to instill a sense of ur- the tremendous damage caused by A.Q. matters. gency in the Senate. I rise today to ask Khan, the rogue Pakistani weapons sci- Some of the statements by our own how are we going to deal with this entist. officials have been confusing, con- threat tomorrow, a year from now, a Looking back over the past decade tradictory, and problematic. At times I decade from now? and a half, it is clear that we could and have been left scratching my head The President has just completed an should have done more. about what exactly our policy is and international trip that included a visit So as the President returns from his how administration statements square to Russia. I commend him for taking trip to Russia, we should be thinking— with this policy. this trip and making our relationship on a bipartisan basis—about the crit- Another issue is the level of sus- with Russia a priority. ical issues that can guide us in the fu- tained engagement with Russia. I am During the Cold War, the United ture to ensure that there are no more glad the President and Secretary of States and the Soviet Union produced missed opportunities. State have made several trips to Rus- nearly 2,000 tons of plutonium and The first question we should be sia, but as these trips are only a few highly enriched uranium for use in thinking about is what is the future of days every year or so this is only one weapons that could destroy the world the Cooperative Threat Reduction Pro- aspect of the relationship. several times over. To give an idea of gram? What is our plan? I believe the An additional component, which has just how much this is, it takes only 5 administration must spend more time suffered in recent years, is our foreign to 10 kilograms of plutonium to build a working with Congress to chart out a assistance programs to Russia and the nuclear weapon that could kill the en- roadmap and a strategic vision of the rest of the former Soviet Union. These tire population of St. Louis. For dec- program. programs are absolutely essential in There are two things the President ades, strategic deterrence, our alli- maintaining our engagement with Rus- can do to move on this issue. First, in ances, and the balance of power with sia. These programs are not giveaways. the National Security Strategy to the Soviet Union ensured the relative They are programs that advance U.S. Combat Weapons of Mass Destruction safety of these weapons and materials. interests by strengthening Russian de- of 2002, the administration said the Na- With the end of the Cold War and the mocracy and civil society, enhancing tional Security Council would prepare collapse of the Soviet Union, all this economic development and dealing a 5-year governmentwide strategy by has changed. Key institutions within with international health issues—in March of 2003. To my knowledge, this the Soviet national security apparatus addition to curbing the nonprolifera- has not been completed. In addition, tion threat. have crumbled, exposing dangerous Congress required the administration At a time when these programs are gaps in the security of nuclear weap- to submit an interagency coordination desperately needed, their budgets have ons, delivery systems, and fissile mate- plan on how to more effectively deal been cut dramatically. At a time when rial. with nonproliferation issues. This plan we should be doing more to engage and Regional powers felt fewer con- is due at the end of this month. straints to develop nuclear weapons. Completing these plans will help the shape the future of Russia, we seem to Rogue states accelerated weapons pro- United States better address critical be doing the exact opposite. grams. day-to-day issues such as liability, re- The nonproliferation threat does not And while this was happening, inter- source allocation, and timetables. Hav- exist in a vacuum. The issue I just national terrorist organizations who ing a better strategic vision will also mentioned, along with other important are aggressively seeking nuclear weap- help us work more efficiently and ef- issues such as our own strategic nu- ons gained strength and momentum. fectively with other international do- clear arsenal, must be considered as we Now, thanks to the leadership of nors who have become increasingly in- move forward. former Senator Nunn and Senator volved and are making significant con- Finally, Mr. President, I would like LUGAR in creating the Cooperative tributions to these efforts. This is very my colleagues to consider how our re- Threat Reduction Program at the De- important, as the contribution of other lationship with Russia, and our efforts partment of Defense, there is no ques- donors can help us make up valuable to secure and destroy weapons and mation that we have made some great lost time. terials inside the former Soviet Union, progress in securing these weapons. Mr. President, my second question fits in with our broader nonprolifera- These same two leaders continue to concerns the U.S.-Russian relationship. tion goals. work tirelessly on this issue to this Where is this relationship heading? Russia is a major player in the two day—Senator Nunn, through the Nu- Will Russia be an adversary, a partner, biggest proliferation challenges we cur- clear Threat Initiative, and Senator or something in between? rently face—Iran and North Korea. LUGAR, through his chairmanship of We do not ask these questions simply Russia’s dangerous involvement with the Foreign Relations Committee. because we are interested in being nice Iran’s nuclear program has been well The situation in Russia and the rest and want only to get along with the documented, and there is no question of the former Soviet Union is dras- Russians. We have to ask these ques- their actions will be pivotal if the tically different than it was in 1991 or tions because they directly impact our President is to successfully resolve this even 1996 or 2001. But, the threat is still progress towards securing and destroy- deteriorating situation. extremely dangerous and extremely ing stockpiles of nuclear weapons and The Russians are also an important real. materials. voice in trying to make progress on the In March of this year, a senior Rus- In the last few years, we have seen deteriorating situation in North Korea. sian commander concluded that 39 of 46 some disturbing trends in Russia: the The Russian city of Vladivostok is

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5864 CONGRESSIONAL RECORD — SENATE May 25, 2005 home to 590,000 people and is very close There is no question that Justice words of a man who served for 4 years to the North Korean border, putting Owen attended fine schools and clearly as President Bush’s White House coun- the Russians smack in the middle of is a very bright woman. But there is sel. He is now the Attorney General. He the crisis that we need to resolve. also no question that she is immod- is a distinguished conservative. Some In addition to all this, Russia holds a erate, she is a judicial activist, and she of my colleagues have tried to suggest seat on the Security Council of the puts her own views ahead of the law’s that Mr. Gonzales was not referring to United Nations, which could consider views. In case after case, Justice Owen Justice Owen by his caustic comment. Iranian and North Korean issues in the comes to conclusions that are simply Who are we kidding? It was brought up very near future. not justified by the facts or by the law. at her hearing originally. He didn’t say Developing bilateral and multilateral These decisions consistently come a peep. Only now that she is controver- strategies that deal with Russia’s role down against consumers, against work- sial, people said: Well, explain yourself. in these growing crises will be ex- ers, against women seeking to exercise I am sure he was pressured. tremely important, both in terms of re- their constitutional rights. I direct my colleagues to a New York solving these crises, advancing our In choosing judges, in voting for Times article by Neil Lewis last week non-proliferation goals within the judges, I have one standard and one which reported that Attorney General former Soviet Union, and our long- standard alone. It is not a litmus test Gonzales specifically admitted he was term relationship with Russia. on any one issue. It is simply this: Will referring to Justice Owen’s dissent, I realize that, at this time, none of us judges interpret law or not? Will judges among others, in his written opinion. have all the answers to these extraor- do what the Founding Fathers said Let’s take another case, Montgomery dinarily difficult questions. But if we they should do—because, after all, they Independent School District v. Davis. hope to successfully fight terror and are not elected—and interpret what the There the majority, also including avoid disaster before it arrives at our legislature and the President have Judge Gonzales, ruled in favor of a shores, we have to start finding these wanted and the Constitution requires, teacher who had wrongly been dis- answers. We have a lot of work to do. not put their own views above the peo- missed by her employer. Justice Owen I believe it is worth putting in place ple’s views? a process, one that involves senior ad- dissented, deciding against the em- If there was ever a judge who would ployee. That is what she typically does. ministration officials, a bipartisan substitute her own views for the law, it The majority, which included Judge group of Members of Congress, as well is Justice Owen. Her record is a paper Gonzales, ruled in favor of a teacher as retired senior military officers and trail of case after case where she knows who had been wrongly dismissed by her diplomats, in an effort to dramatically better than 100 years of legal tradition. employer. Justice Owen dissented, sid- improve progress on these issues. It does not matter how brilliant a ing against the employee. The major- I am interested in hearing from the nominee is, or what a great education ity, including Judge Gonzales once President about his trip. I am also in- or career she has had; if she puts her again, wrote that: terested in hearing if he believes that own views above the law’s views, she an idea similar to the one I put forward does not belong on the bench. It is as Nothing in the statute requires what the is worth considering. simple as that. In case after case, that dissenters claim. Delay is not an option. We need to is just what Justice Owen has done. They went on to say: start making more progress on this She thinks she knows better than the The dissenting opinion’s misconception issue today. I urge my colleagues to 100 years of established law tradition. stems from its disregard of the rules that the act. She thinks she knows better than what legislature established. . . . Despite all the distractions we have the people have wanted, as enunciated And that: had with the so-called nuclear option by their legislators. Her own views The dissenting opinion not only disregards and judicial nominations, this is lit- take precedence over all other views. procedural limitations in the statute but erally a matter of life and death. I hope That is why she does not belong on the takes a position even more extreme than ar- we start paying more attention to it in bench. gued by the employer. this Senate Chamber and in the de- Let me go over a few cases, a few of There is Justice Owen. She looks bates that are going to be coming in many, where she has done this. In one very nice. But here is another case the coming months. case, In re Jane Doe, Judge Owen’s dis- where she not only put her own view on Mr. President, I yield the floor. sent came under fire from her col- the table, but she went further even The PRESIDING OFFICER. The Sen- leagues of the Texas supreme court. ator from New York is recognized. than the defendant employer did. That They referred to her legal approach as is why she does not belong on the f an effort to ‘‘usurp legislative func- bench. She always does that, time and JUDICIAL NOMINATIONS tion.’’ time again. Even more troubling, Attorney Gen- A third case, Texas Department of Mr. SCHUMER. Mr. President, let me eral Alberto Gonzales, who sat on the Transportation v. Able, again Justice thank my colleague and friend from Il- same court as Judge Owen at the time, Gonzales took Owen to task for her ac- linois for his incisive comments on a wrote a separate opinion. He went out tivism. very important topic. of his way to write a separate opinion I am not going to get into all these I am here to discuss the vote we will to chastise the dissenting judges, in- cases but they are clear. Justice Owen, take at noon on the nomination of cluding Justice Owen, for attempting Priscilla Owen to the U.S. court of ap- to make law, not interpret law from yes, she has a good education; yes, she peals. We all know a lot has changed in the bench. has had a distinguished, long career; the last 48 hours. The Senate has Here is what Judge Gonzales said. He and, yes, she just does not belong on stepped back from the precipice of a said that to construe the law as the the bench because she thinks her views constitutional crisis. Our robust sys- dissent—that is what Priscilla Owen are better, more important, and super- tem of checks and balances has been did—would be ‘‘an unconscionable act seding the views of the law, the views saved from an unprecedented attack. of judicial activism.’’ How ironic. The of the legislature, the views of the peo- Fourteen moderates came together and very same conservatives who rail ple. said we are not going to tolerate a nu- against judicial activism are putting at I want to speak for the few more clear option and that we are asking the the top of their pantheon a judge who, minutes I have left about the agree- President to come and talk to us before by Alberto Gonzales’s own testimony, ment and where we go from there. It is he makes a nomination. is an activist, somebody who thinks, ‘‘I one thing to put on the bench main- While the compromise reached by 14 know better.’’ stream conservatives, who do not ad- Senators has dramatically changed the Activism does not mean left or right. here to an extreme agenda. I have outlook for the Senate, one thing has Activism means putting your own voted for many, many of the judges we not changed, the record of Justice Pris- views above the law. That is not what have confirmed so far. Many of them cilla Owen. I want to spend some time the Founding Fathers wanted. have views on choice or other things talking about that record, though it Let’s look not at my words but at quite different from my own. Where we speaks for itself. those of Judge Gonzales. They are have a duty is to stand up and oppose

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5865 nominees who are outside the main- and we can continue to choose people held up as a result of an intractable stream. We have a duty to the Con- when the courts of appeal have vacan- procedural matter. That is no longer. stitution and a duty to the American cies, without a real fight. We can do those judges in a very short people not simply to rubberstamp the It can work. It has worked in New timeframe. President’s picks. Mark my words, we York between this White House and We also have a person Senator HATCH are going to fulfill those duties as long this Senator. It has worked at the na- has been wanting to have for some as we have to. That is our constitutional level, at the Supreme Court time now, way into last year, a man by tional obligation. level, when President Clinton con- the name of Griffith. We are willing to But there is not a single Senator on sulted with Republicans in the Senate, move him. There were some problems. our side of the aisle who wants these who were in the majority. It can work Some Senators will vote against him. fights. There is not a single Senator on now. The ball is in President Bush’s There is no question about that. Sen- our side of the aisle who wants to op- court. If he continues to choose to ator LEAHY, the ranking member of the pose even one of the President’s nomi- make these judgments completely on Judiciary Committee, has made a num- nees. We would be a lot happier if we his own, if he continues to stand like ber of negative speeches about Griffith. could all come together. We have done Zeus on Mt. Olympus and just throw We will agree to a very short time- that on the district courts in New thunderbolts at the Senate, we will not frame on his nomination and move it York. They are all filled. I consulted have the comity for which the 14 asked. on. That would be four appellate court with the White House, with the Gov- A very important part of their agree- judges very quickly. I hope we can do it ernor, and we came to agreements. We ment was for the President to start in the immediate future. We could can do it. If the White House and I can paying attention to the advise, in the clear four judges today or tomorrow. come to an agreement, so can the Sen- ‘‘advise and consent.’’ I suggest the absence of a quorum ate and the White House on who should Again, the ball is in his court. If the and ask unanimous consent that the be judges. President starts doing that, I am con- time be charged equally against both But there is an important point here. fident this rancor on judges will de- Senators SPECTER and LEAHY. How did we solve the problems in New cline, the public will see us doing the The PRESIDING OFFICER. Without York? The President and the White people’s business, and the generally objection, it is so ordered. House consulted with the Senators and low view that the public has had of this The clerk will call the roll. with the Senate. As the compromise of body because of the partisan rancor The bill clerk proceeded to call the 2005 sets out, President Bush must con- will be greatly ameliorated. roll. sult with the Senate in advance of Mr. President, again, you can change Mr. CORZINE. Mr. President, I ask nominating appellate judges to the the way we have done these things, but unanimous consent that the order for bench. ‘‘Advise and consent.’’ To get only you can. Please, consult the Sen- the quorum call be rescinded. the consent, you need the ‘‘advise.’’ ate. Bring down hot temperatures that The PRESIDING OFFICER. Without So I again call on the President, once now exist. objection, it is so ordered. and for all, to tell him we can solve I yield the floor and suggest the ab- Mr. CORZINE. Mr. President, I come this problem by coming together, by sence of a quorum. to the floor to speak briefly about the him consulting. I really believe we can The PRESIDING OFFICER. The compromise agreement reached on ju- solve this problem. But we are not clerk will call the roll. dicial nominees and about the pending going to find common ground when we The assistant legislative clerk pro- circuit court nominees. keep seeking nominees who will be ac- ceeded to call the roll. Let me begin by saying that I am tivists on the Federal bench. We are Mr. REID. Mr. President, I ask unan- pleased that, through the agreement not going to solve this problem if the imous consent that the order for the reached this week, we were able to pro- President stands like Zeus on Mt. quorum call be rescinded. tect the rights of the minority in this Olympus and hurtles judicial thunder- The PRESIDING OFFICER (Mr. GRA- body to have our voices heard. That is bolts down to the Senate. He has to HAM). Without objection, it is so or- consistent with the best traditions of consult. He has to ask us, as President dered. the Senate. I certainly believe it is Clinton did. consistent with the constitutional Why did President Clinton’s Supreme f principle that gave each State two Sen- Court nominees have no trouble in the CONCLUSION OF MORNING ators, regardless of their number of Senate? I would argue because the BUSINESS citizens. So, for example, California President proposed a number of names The PRESIDING OFFICER. Morning has 36 million people and Wyoming has to ORRIN HATCH, hardly his ideological business is closed. a little more than 500,000 citizens. But soulmate, and ORRIN HATCH said this our forefathers saw to it, in an effort to f one won’t work and that one won’t protect the rights of the minority, that work, but this one will and this one EXECUTIVE SESSION each State would have two Senators to will. President Clinton heeded Senator represent their interests. HATCH’s advice. As a result, Justice I also believe that the agreement, at Breyer and Justice Ginsburg didn’t NOMINATION OF PRISCILLA least at this time and place, preserves have much of a fight. Some people may RICHMAN OWEN TO BE UNITED our constitutional system of checks have voted against them, but it didn’t STATES CIRCUIT JUDGE FOR and balances. So I compliment my 14 get to the temperature that impor- THE FIFTH CIRCUIT colleagues who reached this agreement tuned my colleagues to filibuster— The PRESIDING OFFICER. Under and, in so doing, protected two of the which they did on some other judges, the previous order, the Senate will re- most essential principles of American although unsuccessfully: Judge Paez, sume executive session to consider the government—the rights of the minor- Judge Berson, et cetera. following nomination, which the clerk ity and our system of checks and bal- Mr. President, this is a plea to you. will report. ances. Let us take an example from the group The bill clerk read the nomination of Let me also say that I am particu- of 14. Please, consult with us. You Priscilla Richman Owen, of Texas, to larly proud of Senator REID’s leader- don’t have to do what we say, but at be United States Circuit Judge for the ship in pushing towards this com- least seek our judgment. If we say this Fifth Circuit. promise. judge would be acceptable and that Mr. REID. Mr. President, we are That said, my enthusiasm for this judge will not—take our views into going to move forward with a vote on compromise is tempered by the reality consideration. What will happen is it Priscilla Owen. It is well that the Sen- that I see before us. For while I am will decrease the temperature on an ate is moving. There are other judges cautiously optimistic about the imme- awfully hot issue. But second, and who are waiting and have waited a long diate outcome, I am aware that, like in more importantly, it will bring us to- time. We have three judges from Michi- so many things, the devil is in the de- gether so we can choose someone if the gan. There is no reason we can’t move tails. Time will test the meaning of the Supreme Court should have a vacancy, those four very quickly. They were term, ‘‘extraordinary circumstances’’,

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I am time. sonal character—but because, in my hopeful that we can agree upon judges Indeed, I have been deeply troubled view, they have operated outside of the of whom we can all be proud. That is by what has been said by some of my mainstream and endeavored, through what advise and consent is all about. colleagues on the Senate floor, includ- judicial activism, to inappropriately If we follow that spirit, the coming comments made by the majority alter the law. promise stands a much better chance of leader, that the so-called nuclear op- As to Priscilla Owen, I intend to vote working. Again, we need to make tion is still on the table. I was also dis- against her because of her activist judi- sure—and I certainly will be making tressed by the suggestion made by cial opinions. She has consistently the case—that legal philosophy is some of my colleagues that judicial voted to throw out jury verdicts favor- taken into consideration when we dis- nominees in the future may only be ing consumers against corporate inter- cuss extraordinary circumstances in blocked if they have personal or eth- ests and she has also dismissed suits the future and that we are not limited ical problems. I look at the agreement brought by workers for job-related in- to using the filibuster only when a and come to a very different conclusion juries, discrimination, and unfair em- nominees has personal or ethical prob- about what the term ‘‘extraordinary ployment practices. Her record dem- lems. circumstances’’ means. So I am deeply onstrates that Judge Owen operates Finally, I am pleased that my col- troubled when I hear that the nuclear outside of the mainstream. She is out- leagues worked so hard—and I again option is still on the table, except side of the mainstream, both in Texas compliment all 14 Senators who were a under circumstances where the nomi- and in the United States as a whole. I part of that process—to make certain nee has personal or ethical issues. I be- note that some of her colleagues on the that we can get back to working on the lieve that interpretation is incon- Texas Supreme Court have taken issue issues that the folks I know in New sistent with the spirit and intent of with her attempts to disregard gen- Jersey care about. They are getting a this delicate compromise. And, I note erally accepted legal precedents and to little hot under the collar about gas that the agreement specifically—and interfere with the authority of the prices. They are very concerned as we clearly—states that it is up to each in- state legislature. see the number of men and women who dividual Senator—using his or her own In addition, I intend to vote against have come home either injured or who discretion—to decide when a filibuster Janice Rogers Brown, William Pryor, have sacrificed their lives for our coun- is appropriate and what constitutes ex- and William Myers. I intend to vote try. traordinary circumstances. So I believe against them not because of their char- We are about to go into Memorial it requires a lot of vigilance and atten- acter or their ability to think through Day to say thank you to all those who tion as we go forward with judicial problems but because of what I believe throughout the years have protected nominations for appellate and Supreme is their espousal of a legal theory that our country. We have hundreds of thou- Court vacancies, jobs that come with is far outside the mainstream—called sands of individuals now on the ground lifetime appointments. We must ensure the Constitution in Exile theory. This in Iraq and Afghanistan who are pro- that our courts retain the independ- theory has been very eloquently argued tecting us. People want us to be fo- ence that has been, and should con- by a number of jurists but, in my be- cused on what we are doing regarding tinue to be, the hallmark of our judici- lief, falls far outside of the mainstream national security, homeland security, ary. The stakes could not be any high- of legal thought in this country. Basi- making sure we are doing everything er. cally, it is an intent to roll back many we can to keep those troops safe, and Mr. President, let me now turn spe- of the socially progressive actions trying to ensure affordable health care. cifically to the nominees who are be- flowing out of the New Deal and to re- So I am pleased that we may now open fore the Senate. I believe many of these scind Government protections that up the floor for debate on those issues. individuals are outside the mainstream have been well established under the For a lot of reasons, I am very grate- of legal thought. That is why I have op- law. ful about this compromise, but I do posed them, and that is why I sup- And it is important, in my view, that hope that, as we go forward, there is a ported the filibuster. I believe these in- we consider an individual’s legal phi- true commitment to allowing for real dividuals—and I recognize that they losophy when we talk about extraor- debate on the meaning of extraor- may be very good individuals on a per- dinary circumstances, and particularly dinary circumstances. sonal level—have demonstrated, when we are debating the nomination I appreciate very much the oppor- through their judicial records and their of someone who intends to use that tunity to speak on this and look for- public communications, that they are philosophy as a vehicle to change the ward to our continuing debates in the outside of the mainstream and that law. That is judicial activism and I be- days and weeks ahead. they have taken positions that may be lieve that it is inappropriate. I also be- Mr. BYRD. Mr. President, yesterday I fairly labeled, in my view, as extrem- lieve that this level of judicial activ- voted to invoke cloture on the nomina- ist. ism in a nominee justifies the use of tion of Priscilla Owen to sit on the U.S. Likewise, these judicial nominees the filibuster as we go forward. Not ev- Court of Appeals for the Fifth Circuit. have shown a willingness to put their eryone will agree, but I think it is ab- Today I shall vote to confirm her nomi- own political views before the rule of solutely essential that we take this nation by an up-or-down vote. law as set forth in established prece- into consideration as we debate these I voted to invoke cloture on this dent. We need judges who are fair and nominees. nominee and have committed to do so impartial and are absolutely com- I hope we can all move forward with- on a number of other pending nominees mitted to maintaining the credibility in the framework of the compromise, to preserve the right of extended de- and independence of our judicial which I am very pleased we were able bate in the Senate. For 200 years, Sen- branch. What we do not need are judges to reach. The compromise agreement ators have enjoyed the right to speak who substitute their own political encourages increased consultation be- at length on matters dear to them. views for fact, law, and precedent. That tween the White House and Repub- This essential right has been rightfully would undermine the federal courts licans and Democrats in the Senate employed for generations to protect and remove the impartiality, independ- with regard to judges. I sincerely hope minority rights—both in the Senate ence, and fairness that American citi- this will come about. In New Jersey, and nationwide. zens have come to expect in our democ- we have been fortunate to have had a It would have been a travesty to have racy. good dialogue with the White House on permitted this cherished right of ex- It is essential that we look for these judges and have been able to reach a tended debate to be extinguished sim- very qualities—impartiality, independ- consensus on both district and circuit ply as the result of a political squabble

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5867 over a handful of judges. While pas- eral—who are dedicated to an even- I could go on and on. These cases sions over these seven judges have run handed application of our laws, free of make clear that Justice Owen is ready high, it is necessary for the Senate to political constraints and consider- and willing to take extreme positions look at the bigger picture and stop this ations. Justice Owen’s record is lit- that run contrary to the facts and the partisan bickering over these few tered with examples that demonstrate law in order to favor businesses and judges. Now is the time for logic and a lack of respect for these values. In government. reason. Now is the time for cooler case after case, Justice Owen shows her Apart from all of the above question- heads to prevail to address the truly willingness to make law from the able opinions favoring business, Justice weighty matters that confront our na- bench rather than follow the language Owen has also expressed a particular tion—matters like the need of every and intent of the legislature. hostility to women’s constitutionally American to obtain necessary health Justice Owen consistently votes to protected right to reproductive choice. care, sufficient pension benefits, and throw out jury verdicts favoring work- In Texas, there is a law that is con- affordable energy. ers and consumers against corporate stitutional under Supreme Court prece- I voted four times previously not to interests and dismisses suits brought dent. This law mandates that a minor invoke cloture on Priscilla Owen be- by workers for job-related injuries, dis- woman who seeks an abortion must no- cause I respected the right of the Sen- crimination and unfair employment tify her parents. The law provides for ate to hear further debate concerning practices. three exceptions that allow a court to her qualifications, her philosophy, her For example, in Fitzgerald v. Ad- offer what’s called a ‘‘judicial bypass.’’ temperament, and exactly what she vanced Spine Fixation Sys., the Texas The law is very clear about these three would be like if she were confirmed to Supreme Court responded to a certified circumstances, yet Justice Owen rou- fill this lifetime position on the Fed- question from the federal Fifth Circuit. tinely advocates adding additional ob- eral bench. Having examined these as- Then Texas Supreme Court Justice and stacles to the process and making it pects, as well as her prior record as a current Attorney General Alberto much harder for a young pregnant justice on the Texas Supreme Court, I Gonzales wrote the majority decision woman to exercise her constitutionally shall vote in support of her nomina- holding that a Texas law required man- protected freedom of choice. tion. In re Jane Doe I, Justice Owen advo- I know that some critics assail Jus- ufacturers of harmful products to in- cated requiring a minor to show an tice Owen’s belief that, in certain cir- demnify sellers who defend themselves awareness of the ‘‘philosophic, moral, cumstances, minors should be required from litigation related to their sales of social and religious arguments that to notify their parents prior to obtain- these and similar products. A dissent ing an abortion. However, I cannot help authored by Justice Owen would have can be brought to bear’’ before obtain- but believe that in many, but perhaps effectively rewritten Texas law to pre- ing judicial approval for an abortion not all, cases, young women would do clude such third-party relief in some without parental consent, ignoring the well to seek guidance from their par- cases. Gonzales wrote that adopting explicit requirements of the statute. This and other opinions prompted ents or legal guardians, who would the manufacturer’s position, as Owen Justice Gonzales to criticize Owen for have their best interests at heart when argued, would require the court to im- these young women are confronted properly ‘‘judicially amend the stat- attempting to rewrite Texas’ parental with making such a difficult decision— ute.’’ notification statute, calling her opin- a life-altering decision that carries Justice Owen has also authored many ions In re Jane Doe ‘‘an unconscionable with it extraordinary consequences. I opinions that severely restrict or even act of judicial activism.’’ As her record unequivocally dem- have a long history of support for pa- eliminate the rights of workers. For onstrates, Justice Owen lacks the im- rental notification in these kinds of example, in Montgomery Independent difficult circumstances. For example, School District v. Davis, the 6–3 major- partiality and dedication to the rule of in 1991, I supported legislation that ity affirmed the finding of the lower law to separate her conservative polit- would have required entities receiving courts that the school district had to ical agenda from her judicial opinions. grants under title X of the Public reinstate a teacher after finding there Time after time, when presented with Health Service Act to provide parental was insufficient basis not to renew the an opportunity to cite precedent, Jus- notification in the case of minor pa- teacher’s contract. tice Owen has instead chosen to inter- tients who seek an abortion. Based on As she often does, Justice Owen dis- ject her own political ideology, doing my examination of the totality of cir- sented from the majority—a majority the litigants before her and the rule of cumstances that surround this nomina- which included Gonzales and two other law a tremendous injustice. Our federal tion, I have decided to support the Bush nominees. Owen’s dissent sets courts and our constituents deserve nomination of Priscilla Owen to the forth an interpretation of the statute better. Fifth Circuit Court of Appeals. that was contrary to the plain lan- Finally, Mr. President, as has been Mrs. CLINTON. Mr. President, while guage of the law. The majority rightly noted by many of my colleagues over I commend my Senate colleagues for points out that Owen’s dissent, ‘‘not the last several weeks, the Constitu- their success at averting an unneces- only disregards the procedural limitation commands that the Senate provide sary showdown over the so-called nu- tions in the statute but takes a posi- meaningful Advice and Consent to the clear option, the fact remains that Jus- tion even more extreme than that ar- President on judicial nominations. I tice Priscilla Owen is still ill suited to gued for by the board . . .’’ encourage the President to heed the serve a lifetime appointment on the In another case, Austin v. call of our Senate colleagues who bro- Fifth Circuit Court of Appeals. While I Healthtrust Inc., Justice Owen held kered the deal that spared this body voted to invoke cloture on her nomina- that employees in Texas could be fired from the nuclear option—consult with tion, this was done in the spirit of com- for whistle blowing or refusing to act both Democratic and Republican Sen- promise and comity. I remain stead- illegally. She held that whistle blow- ators before submitting judicial nomi- fastly opposed to her appointment and ers—heroes, as Time Magazine entitled nations to the Senate for consider- note that nothing that has transpired them in the wake of the Enron deba- ation. Only then can our Constitu- in the last 24 hours has changed her cle—have no protection in her court- tional mandate of Advice and Consent record of judicial activism or extre- room. be properly honored. mism, nor has it changed the fact that In a time such as this, we rely on our In the immediate case of Justice she consistently and conveniently ig- nation’s workers to report acts of ille- Priscilla Owen, after reviewing her ju- nores justice and the rule of law in gality and provide much needed over- dicial opinions and examining her order to promote a conservative polit- sight of corporations. Our courts and qualifications for a lifetime appoint- ical agenda. For these stated reasons, I judges should acknowledge the impor- ment on the Fifth Circuit Court of Ap- cannot vote in favor of her confirma- tant role that these people play. But, peals, I feel it is my Constitutional tion, and I urge my colleagues to do again, Justice Owen does not believe duty to deny her nomination my con- the same. that these brave women and men sent, and I urge my Senate colleagues The American people deserve should have access to the courts or a to join me in opposing her appoint- judges—be they conservative or lib- remedy in the law. ment.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5868 CONGRESSIONAL RECORD — SENATE May 25, 2005 Mr. LEAHY. Mr. President, 3 years In fact, when the Judiciary Com- fact, through the end of President ago I first considered the nomination mittee held its hearing on the nomina- Bush’s first term, we saw those 110 va- of Priscilla Owen to be a judge on the tion of Judge Edith Clement to the cancies plummet to 27, the lowest va- United States Court of Appeals for the Fifth Circuit in 2001, during the most cancy rate since the Reagan adminis- Fifth Circuit. After reviewing her recent period of Democratic control of tration. record, hearing her testimony and eval- the Senate, it was the first hearing on The responsibility to advise and con- uating her answers I voted against her a Fifth Circuit nominee in 7 years. By sent on the President’s nominees is one confirmation and explained at length contrast, Justice Owen was the third that I take seriously and that the Judi- the strong case against confirmation of nomination to the Fifth Circuit on ciary Committee takes seriously. Jus- this nomination. Nothing about her which the Judiciary Committee held a tice Owen’s nomination to the Court of record or the reasons that led me then hearing in less than 1 year. In spite of Appeals has been given a fair hearing to vote against confirmation has the treatment by the former Repub- and a fair process before the Judiciary changed since then. lican majority of so many moderate ju- Committee. I thank all members of the Now that the Republican leadership’s dicial nominees of the previous Presi- committee for being fair. Those who misguided bid for one-party rule, the dent, we proceeded in July of 2001—as I had concerns had the opportunity to nuclear option, has been deterred, we said that we would—with a hearing on raise them and heard the nominee’s re- have arrived at a moment when every Justice Owen. sponse, in private meetings, at her pub- one of the 100 of us must examine Pris- Justice Owen is one of among 20 lic hearing and in written follow-up cilla Owen’s record and decide for him Texas nominees who were considered questions. or herself whether it merits a lifetime by the Judiciary Committee while I I would particularly like to commend appointment to the Fifth Circuit. was Chairman. That included nine Dis- Senator FEINSTEIN, who chaired the I believe Justice Owen has shown trict Court judges, four United States hearing for Justice Owen, for managing herself over the last decade on the Attorneys, three United States Mar- that hearing so fairly and Texas Supreme Court to be an ends-ori- shals, and three Executive Branch ap- evenhandedly. It was a long day, where ented judicial activist, intent on read- pointees from Texas who moved swiftly nearly every Senator who is a member ing her own policy views into the law. through the Judiciary Committee. of the committee came to question She has been the target of criticism by When Justice Owen was initially Justice Owen, and Senator FEINSTEIN her conservative Republican colleagues nominated, the President changed the handled it with patience and equa- on the court, and not just in the con- confirmation process from that used by nimity. text of the parental notification cases Republican and Democratic Presidents After that hearing, I brought Justice that have been discussed so often be- for more than 50 years. That resulted Owen’s nomination up for a vote, and fore, but in a variety of types of cases in her ABA peer review not being re- following an open debate where her op- where the law did not fit her personal ceived until later that summer. As a ponents discussed her record and their views, including in cases where she has result of a Republican objection to the objections on the merits, the nomina- consistently ruled for big business and Democratic leadership’s request to re- tion was rejected. Her nomination was corporate interests in cases against tain all judicial nominations pending fully and openly debated, and it was re- worker and consumers. This sort of before the Senate through the August jected. That fair treatment stands in judging ought not to be rewarded with recess in 2001, the initial nomination of sharp contrast to the way Republicans such an important and permanent pro- Justice Owen was required by Senate had treated President Clinton’s nomi- motion. rules to be returned to the President nees, including several to the Fifth Cir- In 2001, Justice Owen was nominated without action. The committee none- cuit. to fill a vacancy that had by that time theless took the unprecedented action That should have ended things right existed for more than four years, since of proceeding during the August recess there, but it did not. Priscilla Owen’s January 1997. In the intervening 5 to hold two hearings involving judicial nomination was the first judicial nomi- years, President Clinton nominated nominations, including a nominee to nation ever to be resubmitted after al- Jorge Rangel, a distinguished Hispanic the Court of Appeals for the Federal ready being debated, voted upon and attorney from Corpus Christi, to fill Circuit. rejected by the Senate Judiciary Com- that vacancy. Despite his qualifica- In my efforts to accommodate a num- mittee. tions, and his unanimous rating of Well ber of Republican Senators—including When the Senate majority shifted, Qualified by the ABA, Mr. Rangel the Republican leader, the Judiciary Republicans reconsidered this nomina- never received a hearing from the Judi- Committee’s ranking member, and at tion and sent it to the Senate on a ciary Committee, and his nomination least four other Republican members of straight, party-line vote. Never before was returned to the President without the committee—I scheduled hearings had a President resubmitted a circuit Senate action at the end of 1998, after for nominees out of the order in which court nominee already rejected by the a fruitless wait of 15 months. they were received that year, in ac- Senate Judiciary Committee, for the On September 16, 1999, President cordance with longstanding practice of same vacancy. And until Senator Clinton nominated Enrique Moreno, the committee. HATCH gave Justice Owen a second another outstanding Hispanic attor- As I consistently indicated, and as hearing in 2003, never before had the ney, to fill that same vacancy. Mr. any chairman can explain, less con- Judiciary Committee rejected its own Moreno did not receive a hearing on his troversial nominations are easier to decision on such a nominee and grant- nomination either—over a span of more consider and are, by and large, able to ed a second hearing. And at that sec- than 17 months. President Bush with- be scheduled sooner than more con- ond hearing we did not learn much drew the nomination of Enrique troversial nominations. This is espe- more than the obvious fact that, given Moreno to the Fifth Circuit and later cially important in the circumstances some time, Justice Owen was able to sent Justice Owen’s name in its place. that existed at the time of the change enlist the help of the talented lawyers It was not until May of 2002, at a hear- in majority in 2001. At that time we working at the White House and the ing presided over by Senator SCHUMER, faced what Republicans have now ad- Department of Justice to come up with which the Judiciary Committee heard mitted had become a vacancy crisis in some new justifications for her record from any of President Clinton’s three the federal courts. From January 1995, of activism. We learned that given six unsuccessful nominees to the Fifth Cir- when the Republican majority assumed months to reconsider the severe criti- cuit. At that time, Mr. Moreno and Mr. control of the confirmation process in cism directed at her by her Republican Rangel, joined by a number of other the Senate, until the shift in majority, colleagues, she still admitted no error. Clinton nominees, testified about their vacancies rose from 65 to 110 and va- Mostly, we learned that the objections treatment by the Republican majority. cancies on the Courts of Appeals more expressed originally by the Democrats Thus, Justice Owen’s was the third than doubled from 16 to 33. I thought it on the Judiciary Committee were sin- nomination to this vacancy and the important to make as much progress as cerely held when they were made and first to be accorded a hearing before quickly as we could in the time avail- no less valid after a second hearing. the Committee. able to us that year, and we did. In Nothing Justice Owen said about her

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5869 record—indeed, nothing anyone else conservative Republican majority— tion standard. But a majority of the Court tried to explain about her record—was this time for her disregard for legisla- continues to abide by the Legislature’s clear able to actually change her record. tive language. In a challenge by a limits on our interlocutory-appeal jurisdic- That was true then, and that is true teacher who did not receive reappoint- tion. today. ment to her position, the majority They continue: Senators who opposed this nomina- found that the school board had ex- [T]he dissenting opinion’s reading of Gov- tion did so because Priscilla Owen’s ceeded its authority when it dis- ernment Code sec. 22.225(c) conflates con- record shows her to be an ends-oriented regarded the Texas Education Code and flicts jurisdiction with dissent jurisdiction, activist judge. I have previously ex- tried to overrule a hearing examiner’s thereby erasing any distinction between plained my conclusions about Justice decision on the matter. Justice Owen’s these two separate bases for jurisdiction. Owen’s record, but I will summarize dissent advocated for an interpretation The Legislature identified them as distinct bases for jurisdiction in sections 22.001(a)(1) my objections again today. contrary to the language of the appli- and (a)(2), and section 22.225(c) refers specifi- I am not alone in my concerns about cable statute. The majority, which in- cally to the two separate provisions of sec- Justice Owen. Her extremism has been cluded Alberto Gonzales and two other tion 22.001(a) providing for conflicts and dis- evident even among a conservative Su- appointees of then-Governor Bush, was sent jurisdiction. . . . [W]e cannot simply ig- preme Court of Texas. The conserv- quite explicit about its view that Jus- nore the legislative limits on our jurisdic- ative Republican majority of the Texas tice Owen’s position disregarded the tion, and not even Petitioners argue that we Supreme Court has gone out of its way law: should do so on this basis. to criticize Justice Owen and the dis- The dissenting opinion misconceives the Again, Justice Owen joined a dissent sents she joined in ways that are high- hearing examiner’s role in the . . . process by that the Republican majority described ly unusual, and in ways which high- stating that the hearing examiner ‘refused’ as defiant of legislative intent and in light her ends-oriented activism. A to make findings on the evidence the Board disregard of legislatively drawn limits. number of Texas Supreme Court Jus- relies on to support its additional findings. This is yet another clear example of tices have pointed out how far from the As we explained above, nothing in the statute requires the hearing examiner to make Justice Owen’s judicial activism. language of statute she strays in her findings on matters of which he is Some of the most striking examples attempts to push the law beyond what unpersuaded. . . . of criticism of Justice Owen’s writings, the legislature intended. The majority also noted that: or the dissents and concurrences she One example is the majority opinion joins, come in a series of parental noti- in Weiner v. Wasson. In this case, Jus- The dissenting opinion’s misconception of the hearing examiner’s role stems from its fication cases heard in 2000. They in- tice Owen wrote a dissent advocating a disregard of the procedural elements the clude: ruling against a medical malpractice Legislature established in subchapter F to In In re Jane Doe 1, where the majority in- plaintiff injured while he was still a ensure that the hearing-examiner process is cluded an extremely unusual section explain- teenager. The issue was the constitu- fair and efficient for both teachers and ing its view of the proper role of judges, ad- tionality of a State law requiring mi- school boards. The Legislature maintained monishing the dissent, joined by Justice nors to file medical malpractice ac- local control by giving school boards alone Owen, for going beyond its duty to interpret tions before reaching the age of major- the option to choose the hearing-examiner the law in an attempt to fashion policy. ity, or risk being outside the statute of process in nonrenewal proceedings. . . . By resolving conflicts in disputed evidence, ig- Giving a pointed critique of the dis- limitations. Of interest is the major- noring credibility issues, and essentially senters, the majority explained that, ity’s discussion of the importance of stepping into the shoes of the factfinder to ‘‘In reaching the decision to grant Jane abiding by a prior Texas Supreme reach a specific result, the dissenting opin- Doe’s application, we have put aside Court decision unanimously striking ion not only disregards the procedural limi- our personal viewpoints and endeav- down a previous version of the statute. tations in the statute but takes a position ored to do our job as judges—that is, to In what reads as a lecture to the dis- even more extreme than that argued for by the board. . . . interpret and apply the Legislature’s sent, then-Justice JOHN CORNYN ex- will as it has been expressed in the This is another clear example of Jus- plains on behalf of the majority: statute.’’ tice Owen’s judicial activism. Generally, we adhere to our prece- In a separate concurrence, Justice dents for reasons of efficiency, fairness, Collins v. Ison-Newsome, is yet another case where a dissent, joined by Alberto Gonzales wrote that to con- and legitimacy. First, if we did not fol- strue the law as the dissent did, ‘‘would low our own decisions, no issue could Justice Owen, was roundly criticized by the Republican majority of the be an unconscionable act of judicial ac- ever be considered resolved. The poten- tivism.’’ A conservative Republican tial volume of speculative relitigation Texas Supreme Court. The Court co- gently stated the legal basis for its colleague of Justice Owen’s points under such circumstances alone ought squarely to her judicial activism. I to persuade us that stare decisis is a conclusion that it had no jurisdiction to decide the matter before it, and as know that the Attorney General now sound policy. Secondly, we should give says that when he wrote that he was due consideration to the settled expec- in other opinions where Justice Owen was in dissent, took time to explicitly not referring to her, and I don’t blame tations of litigants like Emmanuel him for taking that position. After all, Wasson, who have justifiably relied on criticize the dissent’s positions as contrary to the clear letter of the law. he is the Attorney General charged the principles articulated in [the pre- with defending her nomination. But vious case]. . . . Finally, under our form At issue was whether the Supreme Court had the proper ‘‘conflicts juris- there is no way to read his concurring of government, the legitimacy of the opinion as anything other than a criti- judiciary rests in large part upon a sta- diction’’ to hear the interlocutory appeal of school officials being sued for cism of the dissenters, Owen included. ble and predictable decisionmaking Listen to the words he wrote: process that differs dramatically from defamation. The majority explained that properly employed by the political that it did not because published lower The dissenting opinions suggest that the branches of government. court decisions do not create the nec- exceptions to the general rule of notification should be very rare and require a high stand- According to the conservative major- essary conflict between themselves. The arguments put forth by the dis- ard of proof. I respectfully submit that these ity on the Texas Supreme Court, Jus- are policy decisions for the Legislature. And tice Owen went out of her way to ig- sent, in which Justice Owen joined, of- I find nothing in this statute to directly nore precedent and would have ruled fended the majority, and they made show that the Legislature intended such a for the defendants. The conservative their views known, writing: narrow construction. As the Court dem- Republican majority, in contrast to The dissenting opinion agrees that ‘‘be- onstrates, the Legislature certainly could Justice Owen, followed precedent and cause this is an interlocutory appeal . . . this have written [the law] to make it harder to the doctrine of stare decisis. A clear Court’s jurisdiction is limited,’’ but then ar- by pass a parent’s right to be involved. . . gues for the exact opposite proposition . . . But it did not. . . . Thus, to construe Paren- example of Justice Owen’s judicial ac- This argument defies the Legislature’s clear tal Notification Act so narrowly as to elimi- tivism. and express limits on our jurisdiction. . . . nate bypasses or to create hurdles that sim- In Montgomery Independent School The author of the dissenting opinion has ply are not to be found in the words of the District v. Davis, Justice Owen wrote written previously that we should take a statute, would be an unconscionable act of another dissent which drew fire from a broader approach to the conflicts-jurisdic- judicial activism.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5870 CONGRESSIONAL RECORD — SENATE May 25, 2005 Owen is one of two justices who The dissent is extremely critical of Texas Watch Foundation, a non-profit wrote a dissent, so she is naturally in- Justice Owen’s opinion, citing the consumer protection organization in cluded in the ‘‘dissenting opinions’’ to Texas law’s strong preference for dis- Texas, in the last six years, Owen has which he refers. It doesn’t get much closure and liberal construction. Ac- not dissented once from a majority de- clearer than this. But you don’t have cusing her of activism, Justice Abbott, cision favoring business interests over to take my word for it. Mr. Gonzales joined by Chief Justice Phillips and victims, but has managed to differ himself has acknowledged as much. Justice Baker, notes that the legisla- from the majority and dissent in 22 of Twice before Justice Owen’s first ture, ‘‘expressly identified eighteen the 68 cases where the majority opinion hearing in the Judiciary Committee, he categories of information that are was for the consumer. and his spokesperson admitted that his ‘public information’ and that must be One of the cases where this trend is comments referred to a disagreement disclosed upon request . . . [sec. (a)] evident in FM Properties v. City of between justices. The New York Times The legislature attempted to safeguard Austin, I asked Justice Owen about of April 7, 2002, reported that, ‘‘a its policy of open records by adding this 1998 environmental case at her spokesman for Mr. Gonzales, mini- subsection (b), which limits courts’ en- hearing. In her dissent from a 6–3 rul- mized the significance of the disagree- croachment on its legislatively estab- ing, in which Justice Alberto Gonzales ment, [saying] ‘‘Judge Gonzales’s opin- lished policy decisions.’’ Id. at 338. The was among the majority, Justice Owen ion and Justice Owen’s dissent reflect dissent further protests: showed her willingness to rule in favor an honest and legitimate difference of [b]ut if this Court has the power to broaden of large private landowners against the how to interpret a difficult and vague by judicial rule the categories of information clear public interest in maintaining a statute.’’ On July 22, 2003, the New that are ’confidential under other law,’ then fair regulatory process and clean York Times reported that in an inter- subsection (b) is eviscerated from the stat- water. Her dissent, which the majority view he had with the then-White House ute. By determining what information falls characterized as ‘‘nothing more than outside subsection (a)’s scope, this Court Counsel, ‘‘Mr. Gonzales sought to mini- may evade the mandates of subsection (b) inflammatory rhetoric,’’ was an at- mize the impact of his remarks. He ac- and order information withheld whenever it tempt to favor big landowners. knowledged that calling someone a ‘ju- sees fit. This not only contradicts the spirit In this case, the Texas Supreme dicial activist’ was a serious accusa- and language of subsection (b), it guts it. Court found that a section of the Texas tion, especially among Republicans Finally, the opinion concluded by as- Water Code allowing certain private who have used that term as an impre- serting that Justice Owen’s interpreta- owners of large tracts of land to create cation against liberals.’’ tion, ‘‘abandons strict construction ‘‘water quality zones,’’ and write their Of course, Mr. Gonzales went on to and rewrites the statute to eliminate own water quality regulations and tell the reporter that he still supported subsection (b)’s restrictions.’’ plans, violated the Texas Constitution Justice Owen for the Fifth Circuit, and Yet again, her colleagues on the because it improperly delegated legis- I expect he would. He works for the Texas court, cite Justice Owen’s judi- lative power to private entities. The President and supports his efforts to cial activism. court found that the Water Code sec- fill the federal courts with ideologues These examples, together with the tion gave the private landowners, ‘‘leg- and activists, and I appreciate his hon- unusually harsh language directed at islative duties and powers, the exercise esty. It was only years later, when he Justice Owen’s position by the major- of which may adversely affect public was before the Judiciary Committee ity in the Doe cases, show a judge out interests, including the constitu- for his own confirmation to be Attor- of step with the conservative Repub- tionally-protected public interest in ney General that he told us his com- lican majority of the Texas Supreme water quality.’’ The court also found ments did not refer to Justice Owen, Court, a majority not afraid to explain that certain aspects of the Code and rather to himself, and what he would the danger of her activist views. the factors surrounding its implemen- be doing if he expressed an opinion like Justice Owen makes bad decisions tation weighed against the delegation that of the dissent. So, I will take the even when she is not being criticized by of power, including the lack of mean- Attorney General at his word, but I her colleagues. Among these decisions ingful government review, the lack of will take his original writing and his are those where she skews her deci- adequate representation of citizens af- earliest statements as the best evi- sions to show bias against consumers, fected by the private owners’ actions, dence of his view of Justice Owen’s victims and just plain ordinary people the breadth of the delegation, and the opinion in Doe 1, and leave his later, in favor of big business and corpora- big landowners’ obvious interest in more politically influenced statements, tions. As one reads case after case, par- maximizing their own profits and mini- to others. ticularly those in which she was the mizing their own costs. Jane Doe 1 was not the only one of sole dissenter or dissented with the ex- The majority offered a strong opin- the parental consent cases where Jus- treme right wing of the Court, her pat- ion, detailing its legal reasoning and tice Owen’s position was criticized by tern of activism becomes clear. Her explaining the dangers of offering too her Republican colleagues. In In re legal views in so many cases involving much legislative power to private enti- Jane Doe 3, Justice Enoch writes spe- statutory interpretation simply cannot ties. By contrast, in her dissent, Jus- cifically to rebuke Justice Owen and be reconciled with the plain meaning of tice Owen argued that, ‘‘[w]hile the her fellow dissenters for misconstruing the statute, the legislative intent, or Constitution certainly permits the the legislature’s definition of the sort the majority’s interpretation, leading Legislature to enact laws that preserve of abuse that may occur when parents to the conclusion that she sets out to and conserve the State’s natural re- are notified of a minor’s intent to have justify some pre-conceived idea of what sources, there is nothing in the Con- an abortion, saying, ‘‘abuse is abuse; it the law ought to mean. This is not an stitution that requires the Legislature is neither to be trifled with nor its se- appropriate way for a judge to make to exercise that power in any par- verity to be second guessed.’’ decisions. This is a judge whose record ticular manner,’’ ignoring entirely the In one case that is perhaps the excep- reflects that she is willing and some- possibility of an unconstitutional dele- tion that proves the rule, Justice Owen times eager to make law from the gation of power. Her view strongly fa- wrote a majority opinion that was bit- bench. vored large business interests to the terly criticized by the dissent for its Justice Owen’s activism and extre- clear detriment of the public interest, activism. In In re City of Georgetown, mism is noteworthy in a variety of and against the persuasive legal argu- Justice Owen wrote a majority opinion cases, including those dealing with ments of a majority of the court. finding that the city did not have to business interests, malpractice, access When I asked her about this case at give The Austin American-Statesman a to public information, employment dis- her hearing, I found her answer per- report prepared by a consulting expert crimination and Texas Supreme Court plexing. In a way that she did not in connection with pending and antici- jurisdiction, in which she writes argue in her written dissent, at her pated litigation because such informa- against individual plaintiffs time and hearing Justice Owen attempted to tion was expressly made confidential time again, in seeming contradiction of cast the FM Properties case not as, ‘‘a under other law—namely, the Texas the law as written. In fact, according fight between and City of Austin and Rules of Civil Procedure. to a study conducted last year by the big business, but in all honesty, . . .

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5871 really a fight about . . . the State of views. She told him that she agreed in the Price Waterhouse case, which Texas versus the City of Austin.’’ In with the majority’s holding, and wrote held that an employer could avoid li- the written dissent however, she began separately only to make sure that fu- ability if the plaintiff could not show by stating the, ‘‘importance of this ture litigants would not be confused discrimination was ‘‘the’’ motivating case to private property rights and the and think that out of context, any one factor. Congress’s fix, in Section 107 of separation of powers between the judi- of the outrages suffered by the plain- the Civil Rights Act of 1991, does not cial and legislative branches . . .’’, and tiffs would not support a judgment. specify whether the motivating factor went on to decry the Court’s decision Looking again at her dissent, I do not standard applies to both sorts of dis- as one that, ‘‘will impair all manner of see why, if that was what she truly in- crimination cases, the so-called ‘‘mixed property rights.’’ At the time she wrote tended, she did not say so in language motive’’ cases as well as the ‘‘pretext’’ her dissent, Justice Owen was certainly plain enough to be understood, or why cases. clear about the meaning of this case she thought it necessary to write and The Texas majority concluded that property rights for corporations. say it in the first place. It is a some- they must rely on the plain language of Another case that concerned me is what curious distinction to make to the statute as amended, which could GTE Southwest, Inc. v. Bruce, where advocate that in a tort case a judge not be any clearer that under Title VII Justice Owen wrote in favor of GTE in should write a separate concurrence to discrimination can be shown to be ‘‘a’’ a lawsuit by employees for intentional explain which part of the plaintiff’s motivating factor. Justice Owen joined infliction of emotional distress. The case, standing alone, would not support Justice Hecht in claiming that federal rest of the court held that three em- a finding of liability. Neither her writ- case law is clear—in favor of their ployees subjected to what the majority ten concurrence, nor her answers in ex- view—and opted for a reading of the characterized as ‘‘constant humiliating planation after the fact, is satisfactory statute that would turn it into its and abusive behavior of their super- explanation of her position in this case. polar opposite, forcing plaintiffs into visor’’ were entitled to the jury verdict In City of Garland v. Dallas Morning just the situation legislators were try- in their favor. Despite the court’s reci- News, Justice Owen dissented from a ing to avoid. This example of Justice tation of an exhaustive list of sick- majority opinion and, again, it is dif- Owen’s desire to change the law from ening behavior by the supervisor, and ficult to justify her views other than as the bench, instead of interpret it, fits its clear application of Texas law to being based on a desire to reach a par- President Bush’s definition of activism those facts, Justice Owen wrote a con- ticular outcome. The majority upheld a to a ‘‘T’’. curring opinion to explain her dif- decision giving the newspaper access to Justice Owen has also demonstrated ference of opinion on the key legal a document outlining the reasons why her tendency toward ends-oriented de- issue in the case whether the behavior the city’s finance director was going to cision making quite clearly in a series in evidence met the legal standard for be fired. Justice Owen made two argu- of dissents and concurrences in cases intentional infliction of emotional dis- ments: that because the document was involving a Texas law providing for a tress. considered a draft it was not subject to judicial bypass of parental notification Justice Owen contended that the con- disclosure, and that the document was requirements for minors seeking abor- duct was not, as the standard requires, exempt from disclosure because it was tions. ‘‘so outrageous in character, and so ex- part of policy making. Both of these The most striking example is Justice treme in degree, as to go beyond all exceptions were so large as to swallow Owen’s expression of disagreement possible bounds of decency ‘‘ The ma- the rule requiring disclosure. The ma- with the majority’s decision on key jority opinion shows Justice Owen’s jority rightly points out that if Justice legal issues in Doe 1, which I discussed concurrence advocating an inexplicable Owen’s views prevailed, almost any earlier in a different context. She point of view that ignores the facts in document could be labeled draft to strongly disagreed with the majority’s evidence in order to reach a predeter- shield it from public view. Moreover, to holding on what a minor would have to mined outcome in the corporation’s call a personnel decision a part of pol- show in order to establish that she was, favor. icy making is such an expansive inter- as the statute requires, ‘‘sufficiently Justice Owen’s recitation of facts in pretation it would leave little that well informed’’ to make the decision on her concurrence significantly mini- would not be ‘‘policy.’’ her own. While the conservative Repub- mizes the evidence as presented by the Quantum Chemical v. Toennies is an- lican majority laid out a well-reasoned majority. Among the kinds of behavior other troubling case where Justice test for this element of the law, based to which the employees were sub- Owen joined a dissent advocating an on the plain meaning of the statute jected—according to the majority opin- activist interpretation of a clearly and well-cited case law, Justice Owen ion—are: Upon his arrival the super- written statute. In this age discrimina- inserted elements found in neither au- visor, ‘‘began regularly using the tion suit brought under the Texas civil thority. Specifically, Justice Owen in- harshest vulgarity . . . continued to rights statute, the relevant parts of sisted that the majority’s requirement use the word ‘‘f—–’’ and ‘‘motherf—–r’’ which were modeled on Title VII of the that the minor be ‘‘aware of the emo- frequently when speaking with the em- federal Civil Rights Act—and its tional and psychological aspects of un- ployees . . . repeatedly physically and amendments—the appeal to the Texas dergoing an abortion’’ was not suffi- verbally threatened and terrorized Supreme Court centered on the stand- cient and that among other require- them . . . would frequently assault ard of causation necessary for a finding ments with no basis in the law, she, each of the employees by physically for the plaintiff. The plaintiff argued, ‘‘would require . . . [that the minor] charging at them . . . come up fast . . . and the five justices in the majority should . . . indicate to the court that and get up over (the employee) . . . and agreed, that the plain meaning of the she is aware of and has considered that yell and scream in her face . . . called statute must be followed, and that the there are philosophic, social, moral, (an employee) into his office every day plaintiff could prove an unlawful em- and religious arguments that can be and . . . have her stand in front of him, ployment practice by showing that dis- brought to bear when considering abor- sometimes for as long as thirty min- crimination was ‘‘a motivating factor.’’ tion.’’ utes, while (the supervisor) simply The employer corporation argued, and In her written concurrence, Justice stared at her . . . made (an employee) Justices Hecht and Owen agreed, that Owen indicated, through legal citation, get on her hands and knees and clean the plain meaning could be discarded that support for this proposition could the spots (on the carpet) while he stood in favor of a more tortured and unnec- be found in a particular page of the Su- over her yelling.’’ Id. at 613–614. Justice essary reading of the statute, and that preme Court’s opinion in Planned Par- Owen did not believe that such conduct the plaintiff must show that discrimi- enthood v. Casey. However, when one was outrageous or outside the bounds nation was ‘‘the motivating factor,’’ in looks at that portion of the Casey deci- of decency under state law. order to recover damages. sion, one finds no mention of requiring At her hearing, in answer to Senator The portion of Title VII on which the a minor to acknowledge religious or Edwards’s questions about this case, majority relies for its interpretation moral arguments. The passage talks in- Justice Owen again gave an expla- was part of Congress’s 1991 fix to the stead about the ability of a State to nation not to be found in her written United States Supreme Court’s opinion ‘‘enact rules and regulations designed

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5872 CONGRESSIONAL RECORD — SENATE May 25, 2005 to encourage her to know that there read her written answers, many newly her in his opinion in Weiner v. Wasson. are philosophic and social arguments of formulated, that attempt to explain Or why in Montgomery Independent great weight that can be brought to away her very disturbing opinions in School District v. Davis, the majority bear,’’ Justice Owen’s reliance on this the Texas parental notification cases. criticized her for her disregard for leg- portion of a United States Supreme But her record is still her record, and islative language, saying that, ‘‘the Court opinion to rewrite Texas law was the record is clear. She did not satis- dissenting opinion misconceives the simply wrong. factorily explain why she infused the hearing examiner’s role in the . . . proc- As she did in answer to questions words of the Texas legislature with so ess,’’ which it said stemmed from, ‘‘its about a couple of other cases at her much more meaning than she can be disregard of the procedural elements hearing, Justice Owen tried to explain sure they intended. She adequately de- the Legislature established . . . to en- away this problem with an after-the- scribes the precedents of the Supreme sure that the hearing-examiner process fact justification. She told Senator Court of the United States, to be sure, is fair and efficient for both teachers CANTWELL that the reference to reli- but she simply did not justify the leaps and school boards.’’ Or why, in Collins gion was not to be found in Casey after in logic and plain meaning she at- v. Ison-Newsome, a dissent joined by all, but in another U.S. Supreme Court tempted in those decisions. Justice Owen was so roundly criticized case, H.L. v. Matheson. She explained I read her responses to Senator by the Republican majority, which said that in ‘‘Matheson they talk about HATCH’s remarks at that second hear- the dissent agrees with one proposition that for some people it raises profound ing, where he attempted to explain but then ‘‘argues for the exact opposite moral and religious concerns, and away cases about which I had expressed proposition . . . [defying] the Legisla- they’re talking about the desirability concern at her first hearing. For exam- ture’s clear and express limits on our or the State’s interest in these kinds of ple, I heard him explain the opinion she jurisdiction.’’ considerations in making an informed wrote in F.M. Properties v. City of These examples, together with the decision.’’ Transcript at 172. But again, Austin. I read how he recharacterized unusually harsh language directed at on reading Matheson, one sees that the the dispute in an effort to make it Justice Owen’s position by the major- only mention of religion comes in a sound innocuous, just a struggle be- ity in the Doe cases, show a judge out quotation meant to explain why the tween two jurisdictions over some un- of step with the conservative Repub- parents of the minor are due notifica- important regulations. I know how, lican majority of the Texas Supreme tion, not about the contours of what through a choreographed exchange of Court, a majority not afraid to explain the government may require someone leading questions and short answers, the danger of her activist views. No to prove to show she was fully well in- they tried to respond to my question good explanation was offered for these formed. Her reliance on Matheson for from the original hearing, which was critical statements last year, and no her proposed rewrite of the law is just never really answered, about why Jus- good explanation was offered two as faulty as her reliance on Casey. Nei- tice Owen thought it was proper for the weeks ago. Politically motivated rather one supports her reading of the legislature to grant large corporate tionalizations do not negate the plain law. She simply tries a little bit of landowners the power to regulate language used to describe her activism legal smoke and mirrors to make it ap- themselves. I remained unconvinced. at the time. pear as if they did. This is the sort of The majority in this case, which invali- I also briefly set the record straight ends-oriented decision making that de- dated a state statute favoring corpora- about a number of mischarac- stroys the belief of a citizen in a fair tions, did not describe the case or the terizations of the opposition to Justice legal system. And most troubling of all issues as Senator HATCH and Justice Owen’s nomination. Earlier in this de- was her indication to Senator FEIN- Owen did. A fair reading of the case bate, at least one Senator said that op- STEIN that she still views her dissents shows no evidence of a struggle be- position Senators, are ‘‘discriminating in the Doe cases as the proper reading tween governments. This is all an at- against people of faith.’’ Sadly, these and construction of the Texas statute. tempt at after-the-fact, revisionist jus- statements follow a pattern of des- In these cases, Priscilla Owen tried to tification where there really is none to picable accusations, made often by the insert requirements into the law that be found. radical interest groups backing these the Texas legislature had not included Justice Owen and Chairman HATCH’s nominations and made too frequently in the law. Simply put, Justice Owen explanation of the case also lacked here by those repeated these slurs. The engaged in judicial activism. In fact, as even the weakest effort at rebutting assertion that any Senator opposes I’ve said, it was in one of these cases the criticism of her by the F.M. Prop- someone because she is a Sunday that Attorney General Alberto erties majority. In its opinion, the six school teacher is a new low, however. Gonzales, referred to Owen’s position justice majority said, and I am Even President Bush has disavowed in the case as ‘‘an unconscionable act quoting, that Justice Owen’s dissent that attack. of judicial activism.’’ was ‘‘nothing more than inflammatory I oppose Priscilla Owen, not because Senators have criticized Justice rhetoric.’’ They explained why her of her faith, which I respect, but be- Owen’s activism in the parental notifi- legal objections were mistaken, saying cause she is an ends-oriented judicial cation cases. We have not criticized the that no matter what the state legisla- activist who is so far outside of the laws themselves. In fact, some Demo- ture had the power to do on its own, it mainstream that she has often been cratic Senators have noted their sup- was simply unconstitutional to give criticized harshly by the Texas Su- port for these kinds of statutes. Repub- the big landowners the power they preme Court’s conservative majority. licans have strayed far from the issue. were given. No talk of the City of Aus- In case after case, Justice Owen’s opin- What is relevant here is that Priscilla tin v. the State of Texas. Just the ions make clear that she is a judge Owen tried to insert requirements into facts. willing to make law from the bench the law that the Texas legislature had Likewise, the few explanations of- rather than follow the language and in- not included. A State legislature can fered for the many other examples of tent of the legislature or judicial enact constitutional parental notifica- the times her Republican colleagues precedent. While some of the clearest tion laws. A judge is not supposed to criticized her were unavailing. The tor- examples of her judicial activism come rewrite the law but to apply it to the tured reading of Justice Gonzales’ rein her dissents in cases involving the facts and to ensure its constitu- marks in the Doe case were uncon- parental notification law, there are, as tionality. vincing. He clearly said that to con- I have explained, many other examples If she wants to rewrite the law, she strue the law in the way that Justice in cases having nothing to do with should leave the bench and run for a Owen’s dissent construed the law would abortion. seat in the state legislature. be activism. Any other interpretation Justice Owen’s position as a frequent At her second, unprecedented hearing is just not credible. dissenter on the Texas Supreme Court in 2003, Justice Owen and her defenders And no reasons were offered for why shows how extreme she can be and how tried hard to recast her record and oth- her then-colleague, now ours, Justice far from the letter of the law she ers’ criticism of it. I went to that hear- CORNYN, thought it necessary to ex- strays in her attempts to push her own ing, I listened to her testimony, and I plain the principle of stare decisis to political and ideological agenda. Not

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5873 only has the majority of that conserv- Lawyers who appear in front of Jus- for judging judicial nominees would be ative court criticized her dissents on tice Owen in Texas Supreme Court rate that they ‘‘share a commitment to fol- numerous occasions, but the majority’s her poorly as well. The most recent re- low and apply the law, not to make law criticisms of her opinions are unusual sults of the Houston Bar Association’s from the bench.’’ He said he is against for their harsh tone. Surely the Repub- Judicial Evaluation Poll shows that 45 judicial activism. Yet he has appointed lican members of the Texas Supreme percent of the respondents rated Jus- judicial activists like Priscilla Owen Court criticized Priscilla Owen not be- tice Owen ‘‘poor,’’ more than gave that and Janice Rogers Brown. cause she is a person of faith, but be- lowest rating to any other justice. She Under President Bush’s own stand- cause she insists on impermissibly leg- was in last place in the ‘‘acceptable’’ ards, Justice Owen’s record of ends-ori- islating from the bench. I concur. category, with only 15 percent, and in ented judicial activism does not qual- Senators oppose Priscilla Owen’s con- second-to-last place among her col- ify her for a lifetime appointment to firmation because she has attempted to leagues in receiving a rating of ‘‘out- the federal bench. substitute her own views for those of standing’’, with only 39 percent giving The President has often spoken of ju- the legislature. What is relevant is her that review. dicial activism without acknowledging that she is writing law, rather than in- I have heard Senator CORNYN say that ends-oriented decision-making terpreting law, as evidenced in the that Justice Owen has been supported can come easily to extreme ideological opinions in which she would have added by major newspapers in Texas, but that nominees. In the case of Priscilla requirements that the Texas legisla- support must have been for her elec- Owen, we see a perfect example of such ture did not put into the law. tion to the Texas Supreme Court bean approach to the law, and I cannot An evaluation of Priscilla Owen’s de- cause, to the contrary, a number of support it. The oath taken by federal cisions shows that it is she who is re- major newspaper editorial boards in judges affirms their commitment to sults-oriented; she crafts her decisions Texas have expressed their opposition ‘‘administer justice without respect to in order to promote business interests to Justice Owen’s confirmation to the persons, and do equal right to the poor over individuals and to advance various federal appellate bench. and to the rich.’’ No one who enters a social agendas, rather than simply fol- The San Antonio Express News criti- federal courtroom should have to won- lowing the law and evaluating the facts cized Owen because ‘‘[o]n the Texas Su- der whether he or she will be fairly of a given case. Justice Owen has been preme Court, she always voted with a heard by the judge. broadly and repeatedly criticized by small court minority that consistently Justice Priscilla Owen’s record of ju- her fellow Republican Texas Supreme tries to bypass the law as written by dicial activism and ends-oriented deci- Court Justices for disregarding stat- the Legislature.’’ sionmaking leaves me with grave doubt utes and the intent of the legislature, The Houston Chronicle cited com- about her ability to be a fair judge. The instead, pursuing her own activist re- plaints about Owen ‘‘run from a pench- President says he opposes putting judi- sults. In many cases in which she has ant for overturning jury verdicts on cial activists on the Federal bench, yet dissented and been criticized by the tortuous readings of the law to a dis- Justice Priscilla Owen unquestionably majority, her opinions were to benefit tinct bias against consumers and in is a judicial activist. I cannot vote to corporate interests including numerous favor of large corporations,’’ and the confirm her for this appointment to companies that contributed to her newspaper concluded that she ‘‘has one of the highest courts in the land. campaign. I have said time and time again that For instance, in FM Properties Oper- shown a clear preference for ruling to if somebody walks into a federal court, ating Co. v. City of Austin, which I achieve a particular result rather than have already discussed, where she ruled impartially interpreting the law. Any- they should not have to wonder wheth- to let a single developer dodge Austin’s one willing to look objectively at er they will be treated fairly based on water quality rules, Justice Owen re- Owen’s record would be hard-pressed to whether they are a Republican or a ceived $2,500 in campaign contributions deny that.’’ Democrat, a defendant or a plaintiff, from one of the FM Properties com- The Austin American-Statesman rich or poor. They should know that pany’s partners and over $45,000 from wrote that Owen is ‘‘out of the broad they are going to be treated fairly no the company’s lawyers. mainstream of jurisprudence’’ and matter who they are and that their It is worth noting that my Demo- ‘‘seems all too willing to bend the law case will be determined on the merits. cratic colleagues and I do not stand to fit her views, rather than the re- In Priscilla Owen’s case, her record alone in opposing Priscilla Owen’s verse.’’ The newspaper continued, shows that litigants cannot be sure of nominations. We are in the good com- ‘‘Owen also could usually be counted that. The President may well get the pany of a broad array of newspaper edi- upon in any important case that pitted votes to put Priscilla Owen on the torial boards, prominent organizations, an individual or group of individuals Fifth Circuit today, but would it not and individuals throughout the coun- against business interests to side with have been better to have nominated try and in Justice Owen’s home state business.’’ someone with a record of fairness and of Texas. Editorial boards throughout the impartial judging who could be con- The groups opposing Justice Owen country echo the opinions of Owen’s firmed by a united, not a divided Sen- range from the AFL–CIO and the Lead- home state newspapers. Newspapers ate. ership Conference on Civil Rights to from the Palm Beach Post and the Mr. LAUTENBERG. Mr. President, I the Endangered Species Coalition and Charleston Gazette to the Los Angeles am pleased for our country and for this the National Partnership for Women Times and the Detroit Free Press have body that the Senate soundly rejected and Families. Texas opposition to the spoken out against this extreme nomi- an abuse of power that would have Owen nomination has come from a nation. The Atlanta Journal-Constitu- done irreparable harm to Congress and wide variety of groups including the tion wrote that Owen ‘‘has a lopsided to our Nation’s system of checks and American Association of University record favoring large corporations,’’ balances. I salute my Republican col- Women of Texas, Texas Lawyers for a while the Minneapolis Star-Tribune leagues who were able to stand up to Fair Judiciary, and the Texas chapters wrote that ‘‘[e]ven her court colleagues their leadership and my Democratic of the National Organization for have commented on her habit of twist- colleagues who labored long and hard Women and the Mexican American ing law to fit her hyperconservative po- to prevent the majority from launching Legal Defense and Education Fund, litical views’’ and that ‘‘Owen’s ethical the so-called nuclear option. I am espe- MALDEF, just to name a few. Among compass is apparently broken.’’ Edu- cially thankful for our Democratic the many citizens who have written to cated observers who review Priscilla leader, HARRY REID, who showed a oppose Justice Owen’s nomination are Owen’s record recognize that she is an steady leadership hand through these dozens of attorneys from Texas and ends-oriented judicial activist who is troubling days. elsewhere, as well as C.L. Ray, a re- not an appropriate nominee for a life- As part of the agreement reached tired Justice of the Texas Supreme time appointment to one of the most Monday night, Priscilla Owen, Presi- Court, who wrote, ‘‘I have rarely seen a important courts in the land. dent Bush’s nominee for the United public servant show so much contempt When he nominated Priscilla Owen, States Court of Appeals for the Fifth for the laws of this State.’’ President Bush said that his standard Circuit, will get an up-or-down vote. It

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5874 CONGRESSIONAL RECORD — SENATE May 25, 2005 appears that she will be confirmed, rights and protections of all Ameri- any of the tactics used by Republicans which I hoped would not take place. cans. It is imperative that nominees to during the extensive delay in Senate Consistent with my voting record, the Federal courts have a clear under- consideration of the Richard Paez nom- while I respect my colleagues who standing of the importance of constitu- ination. Judge Paez waited more than worked hard to preserve the filibuster, tional rights and statutory protec- four years before we were able to get a I voted against invoking cloture on the tions, and of the role and responsibility vote on his confirmation longer than Owen nomination yesterday and today of the Federal courts in upholding the Priscilla Owen nomination has I will vote against confirming her and these rights and protections. She has been pending. I recall some Repub- urge my colleagues to do the same. not exhibited that understanding. Con- licans mounting an extraordinary mo- I want to make it clear that I have sequently, I do not believe she is an ap- tion after the filibuster of his nomina- nothing against her personally. Too propriate nominee for the Fifth Cir- tion was broken to indefinitely post- often, Members on the other side of the cuit. Accordingly, I will vote against pone the vote; a last-ditch, unprece- aisle have depicted opposition to their her confirmation. dented effort that was ultimately un- radical nominees as a personal animus It would be relatively easy for Presi- successful. Of course, Judge Helene or a bias based on the nominees’ sex or dent Bush to send judicial nominees to White never got a vote or even a hear- race or religion. That could not be fur- the Senate who would enjoy over- ing in more than four years. Repub- ther from the truth, which is obvious if whelming or even unanimous support. I licans denied her a hearing for a period one looks at my voting record. I want hope he will stop trying to pack the longer than the Owen nomination has to try to keep Priscilla Owen off the Federal courts with extremists such as been pending. Like more than 60 of bench because she has a troubling Priscilla Owen. Until he does, I have no President Clinton’s moderate and record on civil rights, reproductive choice but to do my duty to uphold the qualified judicial nominations, she was rights, employment discrimination, Constitution and oppose them. subjected to the Republican pocket fili- and the rights of consumers. I yield the floor and suggest the ab- buster. Our Federal courts touch the lives of sence of a quorum. In this connection I should also note every American and ensure that our in- The PRESIDING OFFICER. The that last night the Senate, with Demo- dividual rights are upheld. It is impera- clerk will call the roll. cratic cooperation, entered into unani- tive that all nominees for the Federal The bill clerk proceeded to call the mous consent agreement to govern the bench are individuals of distinction roll. consideration and vote on three addi- with a record of fairness and impar- Mr. LEAHY. Mr. President, I ask tional circuit court nominees, Tom tiality. Unfortunately, Ms. Owen just unanimous consent that the order for Griffith, Richard Griffin, and David has not demonstrated those qualities the quorum call be rescinded. McKeague. Those are nominations that while on the Texas Supreme Court. The PRESIDING OFFICER. Without will be debated and voted upon when Ms. Owen has routinely dissented on objection, it is so ordered. the Senate returns from Memorial Day. rulings regarding the rights of employ- Mr. LEAHY. Mr. President, I under- The Democratic Leader deserves great ees, including the right to be free from stand the time on our side has expired. credit for forging significant progress invidious discrimination. She joined in While we are waiting for the distin- on these matters. dissenting opinions which effectively guished Republican leader to come to I have seen reports that the vote tried to rewrite a key Texas civil the floor, I ask to continue until he ar- today of the nomination of Priscilla rights law. If she had prevailed, she rives. Of course, I will yield to him as Owen is the ‘‘first’’ of this President’s would have made it much more dif- soon as he seeks recognition. controversial nominees. That is not ficult for workers to prove employment The PRESIDING OFFICER. Without true. This administration has sent divi- discrimination. Ms. Owen has sought to objection, it is so ordered. sive nominee after divisive nominee to override jury verdicts, and to diminish Mr. LEAHY. That we have termi- the Senate. Several controversial judi- and undermine their role in cases in- nated the debate and are now voting on cial nominees have already been voted volving consumer protections. She has this controversial nomination dem- upon by the Senate. Among the 208 repeatedly and—in my estimation—un- onstrates our good will in light of the judges already confirmed are some who fairly ruled in favor of big business at agreement reached two days ago to were confirmed with less than 60 votes, the expense of workers and consumers. avoid triggering the Republican leader- some with more than 40 negative votes. She has gone so far as to write and join ship’s bid for one-party rule. Fourteen The President’s court-packing efforts in a number of opinions that severely of our colleagues came to us with a bi- are not new but continuing. Moreover, limit the ability of working people to partisan plan to avoid the Majority his penchant for insisting on divisive recover damages under lawsuits involv- leader’s nuclear option, which was a nominations is not limited to the judi- ing on-the-job injuries. In almost every short-sighted effort to change the more ciary, as will be demonstrated, again, reproductive rights case decided by the than 200 years of Senate tradition, when the Senate turns to the nomina- Texas Supreme Court during her time precedent and rules by destroying mi- tion of John Bolton following the vote there, Ms. Owen has sought to restrict nority rights. on the Owen nomination. a woman’s right to make her own per- While we may not all agree with As for the nomination of Priscilla sonal decisions. every part of the agreement, by our Owen, after reviewing her record, hear- Ms. Owen’s views are far outside of votes yesterday and today Democrats ing her testimony and evaluating her the judicial mainstream—even by the are showing that we are prepared to answers I am voting against her con- standards of the conservative Texas move on. I urge the Republican leader firmation. I believe Justice Owen has Supreme Court. President Bush’s own not to be captive of the narrow special shown herself over the last decade on White House Counsel, Alberto interest that have moved and pushed so the Texas Supreme Court to be an Gonzales, who was a fellow Justice on much the effort toward the nuclear op- ends-oriented judicial activist, intent the Texas Supreme Court, referred to tion. We have a great deal of work to on reading her own policy views into one of Ms. Owen’s dissenting opinions do in this body, work that can be ac- the law. She has been the target of as ‘‘an unconscionable act of judicial complished easily by Republicans and criticism by her conservative Repub- activism.’’ Democrats working together, not by lican colleagues on the court in a vari- On September 5, 2002, the Judiciary those who want simply partisan rules. ety of types of cases where the law did Committee wisely rejected reporting I expect that in due course the Sen- not fit her personal views, including in Ms. Owen’s nomination to the full Sen- ate will consider each of the three con- cases where she has consistently ruled ate. I have seen no evidence in the in- troversial nominees mentioned in Part for big business and corporate interests tervening time that makes her more I. A. of that Memorandum of Under- in cases against worker and consumers. suitable now than she was in 2002 for a standing. I do not expect there to be This sort of judging ought not to be re- lifetime appointment to such an impor- any repeat by Democrats of the ex- warded with such an important and tant position. traordinary obstruction by Repub- permanent promotion. She skews her The Federal courts play a critical licans of President Clinton’s judicial decisions to show bias against con- role in upholding the fundamental nominees. For example, I do not expect sumers, victims and just plain ordinary

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5875 people in favor of big business and cor- category, with only 15 percent, and in combined. Today she will get the fair porations. second-to-last place among her col- up-or-down vote she deserves. As one reads case after case, particu- leagues in receiving a rating of ‘‘out- Justice Owen has withstood an or- larly those in which she was the sole standing,’’ with only 39 percent giving chestrated partisan attack on her dissenter or dissented with the extreme her that review. record as a judge and, indeed, at times right wing of the Court, her pattern of I have heard Senator CORNYN say on her character. Only a few days ago, activism becomes clear. Her legal that Justice Owen has been supported opponents unfairly labeled her as too views in so many cases involving statu- by major newspapers in Texas, but that extreme to serve on the Federal bench, tory interpretation simply cannot be support must have been for her elec- but those unfair attacks have not suc- reconciled with the plain meaning of tion to the Texas Supreme Court be- ceeded. Justice Owen, as we all know, the statute, the legislative intent, or cause a number of major newspaper is a distinguished mainstream jurist. the majority’s interpretation, leading editorial boards in Texas have ex- She has exhibited extraordinary pa- to the conclusion that she sets out to pressed their opposition to Justice tience and courage in the face of con- justify some pre-conceived idea of what Owen’s confirmation to the federal ap- tinuous and sometimes vicious criti- the law ought to mean. This is not an pellate bench. cism. But today finally she will get appropriate way for a judge to make When he nominated Priscilla Owen, that fair up-or-down vote, and I am decisions. This is a judge whose record President Bush said that his standard confident she will be confirmed. reflects that she is willing and some- for judging judicial nominees would be Today does mark a triumph of prin- times eager to make law from the that they share a commitment to fol- ciple over politics, results over rhet- bench. low and apply the law, not to make law oric. For far too long on judicial nomi- Justice Owen’s activism and extre- from the bench. He said he is against nees, the filibuster was used to facili- mism is noteworthy in a variety of judicial activism. Yet he has nomi- tate partisanship and to subvert prin- cases, including those dealing with nated judicial activists like Priscilla ciple. Through this debate, we have ex- business interests, malpractice, access Owen. Under President Bush’s own posed the injustice of judicial obstruc- to public information, employment dis- standards, Justice Owen’s record of tion in the last Congress and advanced crimination and Texas Supreme Court ends-oriented judicial activism does those core constitutional principles jurisdiction, in which she writes not qualify her for a lifetime appoint- that all judicial nominees deserve a against individual plaintiffs time and ment to the federal bench. fair up-or-down vote. again, in seeming contradiction of the I have said time and time again that This vote should mark—will mark, I law as written. In fact, according to a if somebody walks into a federal court, hope—a new beginning in the Senate, a study conducted last year by the Texas they should not have to wonder wheth- step forward for principle, a step for- Watch Foundation, a non-profit con- er they will be treated fairly based on ward for fairness and the Constitution, sumer protection organization in whether they are a Republican or a but we cannot stop at this single step. Texas, in the last six years, Owen has Democrat, a defendant or a plaintiff, I look forward to confirming other pre- not dissented once from a majority de- rich or poor. They should know that viously blocked nominees. I look for- cision favoring business interests over they are going to be treated fairly no ward to reading about partisan judicial victims, but has managed to differ matter who they are and that their obstruction only in the history books, from the majority and dissent in 22 of case will be determined on the merits. and I hope the constitutional option the 68 cases where the majority opinion In Priscilla Owen’s case, her record does not become necessary. was for the consumer. shows that litigants cannot be sure of I urge my colleagues to join me in It is worth noting that the opposition that. The President may well get the to Priscilla Owen’s nomination in- support of the confirmation of Justice votes to put Priscilla Owen on the Owen. cludes a broad array of newspaper edi- Fifth Circuit today, but would it not torial boards, prominent organizations, Mr. President, I ask for the yeas and have been better to have nominated nays. and individuals throughout the coun- someone with a record of fairness and The PRESIDING OFFICER. Is there a try and in Justice Owen’s home state impartial judging who could be con- sufficient second? There appears to be of Texas. Groups opposing Justice firmed by a united, not a divided Sen- a sufficient second. Owen range from the AFL–CIO and the ate? Leadership Conference on Civil Rights Mr. President, I see the distinguished The question is, Will the Senate ad- to the Endangered Species Coalition Republican leader now on the floor of vise and consent to the nomination of and the National Partnership for the Senate. I will close—so that he Priscilla Richman Owen, of Texas, to Women and Families. Opposition to the may be recognized—by saying, again, be United States Circuit Judge for the Owen nomination has come from a when somebody walks into a Federal Fifth Circuit? The clerk will call the wide variety of groups in Texas includ- court, they should not have to ask roll. ing the American Association of Uni- themselves: Is this a Republican court The assistant legislative clerk called versity Women of Texas, Texas Law- or Democratic court? This is an inde- the roll. yers for a Fair Judiciary, and the pendent judiciary. Mr. DURBIN. I announce that the Texas chapters of the National Organi- I yield to the distinguished majority Senator from Hawaii (Mr. INOUYE) is zation for Women and the Mexican leader. necessarily absent. American Legal Defense and Education The PRESIDING OFFICER. The ma- Mr. STEVENS (after having voted in Fund (MALDEF), just to name a few. jority leader. the affirmative). Mr. President, on this Among the many citizens who have Mr. FRIST. Mr. President, in a few vote, I voted ‘‘yea.’’ If the distin- written to oppose Justice Owen’s nomi- moments, the Senate will finally vote guished Senator from Hawaii (Mr. nation are dozens of attorneys from up or down on the nomination of Jus- INOUYE) were present, he would vote Texas and elsewhere, as well as C.L. tice Priscilla Owen to the Fifth Circuit ‘‘nay.’’ Therefore, I withdraw my vote. Ray, a retired Justice of the Texas Su- Court of Appeals. Four years—it has The PRESIDING OFFICER (Ms. MUR- preme Court, who wrote, ‘‘I have rarely been a long road for Justice Owen, KOWSKI). Are there any other Senators seen a public servant show so much much longer than anyone would have in the Chamber desiring to vote? contempt for the laws of this State.’’ or could have anticipated when she was The result was announced—yeas 55, Lawyers who appear in front of Jus- nominated about 4 years and 2 weeks nays 43, as follows: tice Owen in Texas Supreme Court rate ago. [Rollcall Vote No. 128 Ex.] her poorly as well. The most recent re- She has endured 4 years of delay, 9 YEAS—55 sults of the Houston Bar Association’s hours of committee hearings, hundreds Alexander Bunning Cochran Judicial Evaluation Poll shows that 45 of questions, and more than 100 hours Allard Burns Coleman percent of the respondents rated Jus- of debate on this Senate floor. In fact, Allen Burr Collins tice Owen ‘‘poor,’’ more than gave that it is interesting, the Senate has de- Bennett Byrd Cornyn lowest rating to any other justice. She bated Justice Owen more days than all Bond Chambliss Craig Brownback Coburn Crapo was in last place in the ‘‘acceptable’’ the sitting Supreme Court Justices

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5876 CONGRESSIONAL RECORD — SENATE May 25, 2005 DeMint Inhofe Shelby that we will have an early time in the perspectives on managerial conduct, DeWine Isakson Smith morning to come to work and we do their philosophy on how much latitude Dole Kyl Snowe Domenici Landrieu Specter not spend all the morning on morning a President should have in nominating Ensign Lott Sununu business. subordinates, and many other factors. Enzi Lugar Talent Mr. FRIST. Madam President, calling On top of these different perspec- Frist Martinez Thomas upon my earlier cardiac surgical days, tives, allegations were raised about Graham McCain Thune Grassley McConnell we will start as early in the morning as Secretary Bolton that led to an ex- Vitter Gregg Murkowski panded inquiry. Republicans and Demo- Voinovich the Democratic leader would like. Hagel Roberts Warner In all seriousness, we will agree upon crats differed on some procedural as- Hatch Santorum pects related to this inquiry, as well as Hutchison Sessions a time in the morning so that we will have plenty of time. on the relevance of some allegations NAYS—43 Mr. REID. I also say if, in fact, there and documents. Despite these sub- Akaka Durbin Murray is more time needed tonight, would the stantive disagreements, we were able Baucus Feingold Nelson (FL) distinguished leader allow Members to to work together in an effort that rep- Bayh Feinstein Nelson (NE) resents one of the most intense and Biden Harkin Obama move past 6:30 tonight on debate. Bingaman Jeffords Pryor Mr. FRIST. Madam President, we most far-reaching examinations of a Boxer Johnson Reed would be happy to. nominee in my experience. Cantwell Kennedy Reid The PRESIDING OFFICER. Without The Foreign Relations Committee Carper Kerry Rockefeller Chafee Kohl has interviewed 29 witnesses, producing Salazar objection, it is so ordered. Clinton Lautenberg approximately 1,000 pages of tran- Sarbanes The clerk will report the nomination. Conrad Leahy Schumer The assistant legislative clerk read scripts. We have received and reviewed Corzine Levin more than 830 pages of documents from Dayton Lieberman Stabenow the nomination of John Robert Bolton, Dodd Lincoln Wyden of Maryland, to be the Representative the State Department, from USAID, Dorgan Mikulski of the United States of America to the and the CIA regarding the Bolton nomination. We have questioned Secretary PRESENT AND GIVING A LIVE PAIR, AS United Nations, with the rank and sta- PREVIOUSLY RECORDED tus of Ambassador Extraordinary and Bolton in person for 7 hours, and we have received responses to nearly 100 Mr. Stevens, for Plenipotentiary, and the Representa- questions for the record, many con- NOT VOTING—1 tive of the United States of America in the Security Council of the United Na- taining numerous subparts. The depth Inouye tions. and breadth of the 11-week inquiry is The nomination was confirmed. The PRESIDING OFFICER (Mr. particularly notable, given that Sec- retary Bolton has been confirmed 4 The PRESIDING OFFICER. The COLEMAN). The Senator from Indiana. President will be notified of the Sen- Mr. LUGAR. Mr. President, the Sen- times by the Senate already and that ate’s action. ate meets today to debate the nomina- most of us have had personal experi- Mr. FRIST. I move to reconsider the tion of John Bolton to be U.S. Ambas- ences with him. I thank both Democrat and Repub- vote and I move to lay that motion on sador to the United Nations. In this ca- lican members of our Foreign Rela- the table. pacity, he would play an important tions Committee for their patience and The motion to lay on the table was role in securing greater international their perseverance throughout this agreed to. support for the national security and process. Although we disagree in our foreign policy objectives of the United f conclusions, we share the view that the States. It is my judgment that Sec- NOMINATION OF JOHN ROBERT committee must work together even retary Bolton should be confirmed as when we have different perspectives. BOLTON TO BE THE REPRESENT- U.S. Ambassador to the United Na- ATIVE OF THE UNITED STATES We also agreed that the nomination tions. has provided an opportunity for debate OF AMERICA TO THE UNITED In recent years, the Foreign Rela- NATIONS on larger issues related to the conduct tions Committee has made a special ef- of U.S. foreign policy. Mr. FRIST. Madam President, I ask fort to work in a bipartisan manner. At the core of any nomination proc- unanimous consent that the Senate For 3 straight years, we have reported ess is the question of whether the now proceed to the consideration of Ex- out foreign affairs authorization bills nominee is qualified to undertake the ecutive Calendar No. 103, the nomina- by unanimous votes. During the last task for which he or she is nominated. tion of John Bolton, to be U.N. ambas- Congress, we met 247 times, which was I have no doubt Secretary Bolton is ex- sador; provided further that the debate 50 percent more frequently than any tremely well qualified. He has just up to 6:30 this evening be equally di- other committee in the Senate. In al- served 4 years in a key under secretary vided between the chairman and rank- most every case, the subject of the position that technically outranks the ing member; I further ask that if a clo- meeting and the selection of witnesses post for which he is being nominated. ture motion is filed on the nomination, enjoyed bipartisan support. He has succeeded in several high-pro- notwithstanding the provisions of rule We have undertaken the cooperative file negotiation settings. He was the XXII, that vote occur at 6 p.m. on path, not because we always agree, but primary negotiator in the creation of Thursday with a live quorum waived; because we know the stakes are high the successful Proliferation Security provided further that when the Senate for our country in the international Initiative and the landmark Moscow resumes debate on the nomination on arena. We face severe threats capable Treaty. He played a large role in the Thursday, all time until 6 p.m. be of undermining our national security agreement with Libya on the surrender equally divided as stated above; fur- and our economic well-being. We be- of that nation’s weapons of mass de- ther, that if cloture is invoked on the lieve we should strive to approach struction program and the ‘‘10 Plus 10 nomination, the Senate then proceed these questions with as much unity as Over 10’’ agreement that resulted in $10 to a vote on the confirmation of the possible. billion in pledges from other G–8 coun- nomination with no further inter- On the John Bolton nomination, our tries to secure former Soviet Union vening action or debate; provided fur- committee could not develop a con- weapons of mass destruction arsenals. ther that following that vote, the sensus position. From the start, mem- These are among the Bush administra- President be immediately notified of bers had widely divergent views of Sec- tion’s most important and indisputable the Senate’s action and the Senate re- retary Bolton and his suitability for foreign policy successes. sume legislative Senate; finally, I ask the U.N. ambassadorship. Members Opponents have argued that Sec- consent during the debate on the nomi- formed different opinions about the retary Bolton’s personality will pre- nation, Senator VOINOVICH be in con- nominee based on their assessment of vent him from being effective at the trol of 1 hour of debate. the role of the United Nations, their in- U.N., but his diplomatic successes over Mr. REID. Reserving the right to ob- terpretation of Secretary Bolton’s the last 4 years belie that expectation. ject, could we have some assurance statements, their judgments on the Few in Government have thought more from the distinguished majority leader testimony of many witnesses, their about U.N. reform than has John

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5877 Bolton. He served 4 years as the Assist- that is within the chain of command of liferation, and many other inter- ant Secretary of State overseeing the President and the Secretary of national problems have created mo- international organizations under the State. The Ambassador to the United mentum in favor of constructive re- first President Bush. He has written Nations reports directly to the Presi- forms at the U.N. and commented extensively on that dent and to the Secretary of State. In Secretary General Kofi Annan has subject. fact, historically this ambassadorship proposed a substantial reform plan During his confirmation hearing, has reflected directly on the President. that will provide a platform for further Secretary Bolton demonstrated an im- The ambassador is seen as the Presi- reform initiatives and discussions. The pressive command of issues related to dent’s voice at the U.N. Consequently, United States must be a leader in the the United Nations. Senator BIDEN ac- there are few positions in Government effort to improve the United Nations, knowledged to the nominee at his hear- where the President should have more particularly its accountability. At a ing that: latitude in choosing his nominee. In time when the United States is appeal- There is no question you have extensive my judgment, it would take absolutely ing for greater international help in experience in UN affairs. extraordinary circumstances for the Iraq, in Afghanistan, and in troubled Deputy Secretary Rich Armitage re- Senate to tell the President he cannot spots around the world, a diminish- cently told reporters: have his choice to carry out his direc- ment of U.N. credibility because of John Bolton is eminently qualified. He’s tives at the U.N., even though the scandal reduces United States options one of the smartest guys in Washington. nominee is highly experienced and and increases our own burdens. Secretary Bolton also demonstrated knowledgeable about U.N. affairs. Secretary Bolton has become closely his ability to get things done prior to At times during this process, oppo- associated with the U.S. efforts to re- becoming Under Secretary of State. nents have suggested that Secretary form the U.N. If he goes to the U.N. and Perhaps the best example is his initia- Bolton sits outside the mainstream in helps achieve reform, the U.N. will gain tive to repeal U.N. Resolution 3379, the Bush administration. The problem in credibility, especially with the which equated Zionism with racism. with this assertion is that President American people. If reform moves for- In May 1991, as Assistant Secretary Bush is telling us this is not so. Presi- ward, Secretary Bolton will be in an of State for International Organiza- dent Bush is telling us Secretary excellent position to help convince tions, John Bolton refused to accept Bolton accurately reflects his views the common wisdom that repealing skeptics that reform has occurred and about the U.N. and how that institu- this infamous resolution was impos- that the United Nations can be an ef- tion should be reformed. President sible. He and his staff initiated a cam- fective partner in achieving global se- Bush is saying Secretary Bolton is his paign to change votes in the General curity. If we reject Secretary Bolton, considered choice to implement his Assembly, even though they were ad- President Bush’s hand will be weak- policies and diplomatic initiatives at vised they would not be successful. ened at the U.N. We will recover, but the United Nations. Within a few months, they had made we will have wasted time. And we will Some observers who want a different substantial progress. By the fall, the have strengthened the position of re- program than the President’s may not State Department put its full weight form opponents. agree with the President’s choice, but behind that effort. On December 16, In the days immediately following the results of the 2004 election give the 1991, the U.N. General Assembly voted Secretary Rice’s March 7 announce- President the responsibility and the to repeal the resolution by a vote of 111 ment of Secretary Bolton’s nomina- right to nominate like-minded rep- to 25. tion, most Democratic members of the In the private sector, Secretary resentatives and to define who a like- Foreign Relations Committee ex- Bolton made some blunt statements minded representative is. pressed their opposition to the nomina- We have ample evidence that the about the United Nations. Many of tion on policy grounds. A March 8 As- these statements were made in aca- United Nations is in need of reform. sociated Press report states: The Foreign Relations Committee held demic or think-tank settings where de- Almost immediately after Bolton’s nomi- bate on these subjects was encouraged. the first congressional hearing on the nation was announced, Democrats objected. U.N. oil-for-food scandal more than a Many of the quotes that have been re- The March 8 edition of the Baltimore year ago. Since that time, through the peated by opponents came in the con- Sun said: text of much larger speeches that were work of Paul Volcker, our own colleague on the committee, Senator Reaction from Senate Democrats promised more nuanced. The fact that he has contentious confirmation hearings for strong views and a long record of com- COLEMAN, and many others, we have Bolton when he goes before the Foreign Re- mentary on the job that he is about to learned much more about the extent of lations Committee. the corruption and mismanagement in- undertake should not be disqualifying. In several cases, the statements by volved. This knowledge has supported During our hearing with Secretary Democrats were unequivocal in opposi- Bolton, he spoke of the United Nations the case for reform. We know billions of dollars that tion. In several other cases, statements important role in international secu- were very negative, leaving open only rity. He has emphasized that he wants should have been spent on humanitarian needs in Iraq were siphoned off the smallest of possibilities that the the institution to work well on behalf Senator would ultimately support the of international security and the inter- by Saddam Hussein’s regime through a system of surcharges, bribes, and kick- nominee. In all of these cases, objec- ests of the United States. tions were based on Secretary Bolton’s Beyond qualifications, we should rec- backs. This corruption depended upon members of the U.N. Security Council supposed attitudes toward the United ognize that Secretary Bolton has the Nations. confidence of the President of the who were willing to be complicit in Senator DODD said that Secretary United States and the Secretary of these activities. It also depended on U.N. officials and contractors who were Bolton’s ‘‘antipathy to the U.N. will State. The President has made it clear prevent him from effectively dis- this is not a casual appointment. He dishonest, inattentive, or willing to charging his duties as our ambas- wants a specific person to do a specific make damaging compromises in pur- sador.’’ job. President Bush has a reform agen- suit of a compassionate mission. Senator KERRY said that the Bolton da in mind at the U.N. This reform The U.N. reform is not a new issue. nomination was ‘‘the most inexplicable agenda is generally supported by the The structure and the role of the appointment the President could make U.N. Secretary General who has put United Nations have been debated in to represent the United States to the forward a reform plan of his own. The our country almost continuously since world community.’’ President wants John Bolton, an the U.N. was established in 1945. But in Senator BOXER said of Secretary avowed and knowledgeable reformer, to 2005 we may have a unique opportunity Bolton: carry out that reform agenda. Kofi to improve the operations of the U.N. Annan has welcomed John Bolton’s ap- The revelations of the oil-for-food He’s contemptuous of the U.N. pointment. scandal and the urgency of strength- By March 31, still almost 2 weeks be- I would emphasize that Secretary ening global cooperation to address fore the first Bolton hearings, a Los Bolton is being appointed to a position terrorism, the AIDS crisis, nuclear pro- Angeles Times report noted:

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5878 CONGRESSIONAL RECORD — SENATE May 25, 2005 Democrats are likely to vote unanimously determine not just what analysts think of the Secretary’s leadership style to against John R. Bolton when his nomination but why they think it, and often we visit with staff in the ‘‘bowels of the to be United States ambassador to the challenge their conclusions. building,’’ including INR. United Nations comes before the Senate For- Earlier this year, for example, the In the case of the NIO for Latin eign Relations Committee . . . according to Democratic and Republican lawmakers and Senate Foreign Relations Committee America, e-mails the committee staff aides. held a highly classified briefing on has viewed make it clear that Sec- Senators have the right to oppose a North Korea in which one of our mem- retary Bolton’s primary objection was nominee because of his substantive bers pointedly disputed the conclusions over disparaging and inaccurate com- views and his past statements. How- of the briefer. There was a blunt ex- ments the analyst made to Members of ever, it is important to acknowledge change of views, and no resolution to Congress about a speech. Secretary that the ethical inquiry into Secretary this disagreement was achieved. I am Bolton took his complaint to the CIA. Bolton’s background has been pressed doubtful that any of us who have at- Although the NIO has said he feels his by Members who had planned to vote tended a good number of intelligence career was damaged by Secretary against him even before we began briefings have not done the same thing Bolton, his superiors fully backed him interviewing witnesses. They have the on occasion. My point is that the act of at the time, and other witnesses have right to ask questions, and the com- challenging or disputing intelligence told the committee that if he did not mittee of jurisdiction has a responsi- conclusions is not in and of itself get the promotions he felt he deserved, bility to follow up on credible allega- wrong. it was for other reasons. Again, as far tions. But we should also understand Some have appeared shocked that as Secretary Bolton was concerned, the that at times the inquiry has followed Secretary Bolton might have chal- dispute was procedural. There was no a more prosecutorial path than most lenged intelligence conclusions or ad- attempt to fabricate intelligence. nominees have had to endure. vanced alternative interpretations, Other allegations related to manage- Our committee staff has worked long even though the same thing happens rial style show the same pattern upon and hard to run down the salvo of alle- every day in multiple departments and examination—disagreement over proce- gations that were levied at Secretary agencies. Congress has the benefit of dure, not policy. In the case of Rexon Bolton. The end result is that many of something called the ‘‘speech and de- Ryu, a mid-level civil servant in the the accusations have proven to be bate clause.’’ non-proliferation bureau under Sec- groundless or, at worst, overstated. Article I, section 6 of the Constitu- retary Bolton, no policy issues were in- New information has cast others in a tion states that Members of Congress volved at all. Secretary Bolton be- different light. There is no doubt that ‘‘shall in all Cases, except Treason, lieved—incorrectly, according to Mr. Secretary Bolton has been blunt and Felony and Breach of the Peace, be Ryu’s supervisor—that Mr. Ryu had de- combative in defense of his perspec- privileged from Arrest during their At- liberately neglected to share informa- tives. Indeed, this is one of the quali- tendance at the Session of their respec- tion with Bolton’s office. Some months ties that President Bush and Secretary tive Houses, and in going to and re- later, Mr. Ryu was up for a job that Rice have cited as a reason for their se- turning from the same; and for any would have required him to work close- lection of this nominee. Speech or Debate in either House, they ly with Secretary Bolton. Secretary As I have said previously, Secretary shall not be questioned in any other Bolton, perhaps regrettably, expressed Bolton’s blunt style alienated some Place.’’ his opposition to working with Mr. colleagues. Our review showed that on The Founders put this extraordinary Ryu. Mr. Ryu was given another prized several occasions he made incorrect as- provision in the Constitution because post instead, an assignment to the dep- sumptions about the behavior and mo- they saw the value of debate. The con- uty secretary. tivations of subordinates. A few other text surrounding arguments within an The case of the State Department at- times he failed to use proper manage- administration over intelligence is dif- torney, also raised by the other side, is rial channels or unnecessarily person- ferent, but the principle is the same. even more off the mark. This attorney alized internal disputes. But there is no Policymakers should be free to exert fully supported what Secretary Bolton evidence that he has broken laws or en- opinions and interpretations during the wanted to do. It was only because of gaged in serious ethical misconduct. policymaking process. Clearly, there miscommunication that Secretary The picture is one of an assertive pol- are lines that should not be crossed. Bolton thought the attorney had given icymaker with an intense commitment Some may argue that Secretary Bolton out wrong information on a case in- to his missions—missions that, in fact, crossed these lines. But the proof is in volving sanctions against a Chinese were supported by President Bush. the result. After fighting for his inter- company. The State Department Legal With regard to the most serious pretation, Secretary Bolton conformed Advisor, Will Taft, told our staff that charge, that Secretary Bolton sought to the clearance process and gave the he quickly straightened things out. to improperly manipulate intelligence, speeches as they had been approved. The attorney stayed on the case, and the insights we have gained do not sup- It has been charged that Secretary he even wrote the affidavit that Sec- port the conclusion. He may have dis- Bolton sought to retaliate in some way retary Bolton later submitted to court. agreed with intelligence findings, but against analysts and others with whom Staff also looked at a new case that in the end he always accepted the final he disagreed. Our inquiry looked into came up. Secretary Bolton’s chief of judgment of the intelligence commu- these cases thoroughly, and in each one staff, we learned, went to an INR ana- nity, and he always delivered speeches I believe the allegations are over- lyst to complain that he had inappro- in their cleared form. stated. priately attached to a CIA document a During this inquiry, there has been In the case of Christian Westermann, cover memo that took exception to an implication that if the nominee the INR analyst whom the committee some of the CIA’s findings regarding challenged or opposed the conclusions heard about from Carl Ford, the dis- China. No action was sought against of intelligence analysts, he somehow pute was over a procedural issue, and the analyst and none was taken. The committed an ethical violation. I think Mr. Westermann continued in his job. issue was procedural, no intelligence we need to be very precise that arguing We should recall that the focus of Mr. was manipulated, and Secretary Bolton in favor of one’s own reading of intel- Ford’s complaint was that Mr. Bolton was not even directly involved, because ligence within the context of an inter- should not have raised his objections he was out of the country at the time. nal policy debate is not wrongdoing. directly with Mr. Westermann, not Secretary Bolton’s credibility has Intelligence reports are not sacrosanct. that Mr. Bolton was wrong to raise the also been called into question regard- They involve interpretation. They are issue. Our Democratic colleagues last ing his testimony before our com- intended to stimulate debate. month made much of the fact that mittee on April 11. Senator BIDEN ques- Many Senators participate in classi- after this incident Secretary Powell tioned whether Mr. Bolton really went fied briefings. The word ‘‘briefing’’ is a had to go all the way down to INR to to the CIA to learn about the National misnomer because, as Senators, we boost morale. But we heard from Sec- Intelligence Council. Stuart Cohen, the spend much of the time during brief- retary Powell’s chief of staff that such acting head of the NIC, said that while ings questioning the panel. We probe to visits were not uncommon. It was part he could not recall why Secretary

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5879 Bolton wanted to come, it was ‘‘per- Ms. Townsel provided no eye- tions for that long would come out un- fectly reasonable’’ to believe that was witnesses to the incidents, which are scathed from such a process. Any asser- the reason. In fact, he added, ‘‘I was de- said to have occurred in public or open tive policymaker will develop oppo- lighted at the prospect that somebody areas of the hotel. Moreover, although nents based on stylistic differences, would come out wanting to know more she claimed this was a highly trau- personal disputes, or partisan disagree- about the NIC.’’ He also said that Sec- matic encounter and that she told sev- ments. Most Members of the Senate retary Bolton only talked about reas- eral people about it, staff had difficulty have been in public life for decades. If signing, not firing, the NIO just as Mr. finding others who knew about it. we were nominated for a similar posi- Bolton testified. Our investigation has Three people whom Ms. Townsel identi- tion of responsibility after our terms in found nothing contrary to Secretary fied as having heard her complaints at the Senate, how many of us would want Bolton’s claim that his dispute with the time of the events told staff that the same standard to be applied to our Mr. Westermann was over procedure, they had no recollection of Ms. confirmation process? How many of us not policy. Townsel mentioning Mr. Bolton. Her would want any instance of conflict or Former Ambassador to South Korea, boss, Charles Black, of Black, anger directed at our staffs or our col- Thomas Hubbard, called the committee Manafort, Stone and Kelly, who hired leagues to be fair game? after Secretary Bolton’s testimony her for the post, said she never men- Second, as mentioned, the oldest al- about a controversial speech he gave in tioned it to him. Neither did her imme- legation dates back all the way to 1983. South Korea. Secretary Bolton testi- diate supervisor back in Washington. Thus, we are subjecting 22 years of Sec- fied that Ambassador Hubbard had An employee of a sister company who retary Bolton’s career to a microscope. thanked him for the speech afterwards. assisted Ms. Townsel in making her This included service in many Govern- The ambassador told us he indeed had charges against the prime contractor ment jobs, as well as time spent in the thanked Secretary Bolton afterwards, on her project and with whom she said private sector. Given the length of but only for making certain changes in she was in close touch at the time, also John Bolton’s service in high-ranking the speech that he had requested. Am- knows nothing about it. Staffs talked positions, it is inevitable he would bassador Hubbard told our staff that he to three representatives of the con- have a conflict with coworkers of var- wanted to correct the record on that tractor, a small Virginia firm which ious ranks and political persuasions. point, but he was not accusing Sec- has long experience working for USAID He would have had literally thousands retary Bolton of being deliberately overseas. Those officials also heard of contacts, meetings, and issues to misleading. nothing about this encounter. They deal with during his career. In this con- That speech was one of several by said that Secretary Bolton was in Mos- text, the volume of alleged incidents is Secretary Bolton that opponents of the cow at that time, but he was working not that profound. Third, in John Bolton’s case, unsub- nomination have questioned. Our in- as a consultant for a health project stantiated charges may seem more ma- vestigation showed that many of these they were involved in, not doing legal speeches and congressional testimony terial than they are because he has a work for them. We did find one of her reputation for being an aggressive and were preceded by strong policy debates friends and co-workers from that time, within the administration. As one wit- blunt negotiator. But this should not who was not in Moscow, who recalls be a disqualifying factor, especially for ness told our staff, ‘‘That’s how good talking with her by telephone about it, policy is made.’’ In each case we found posts that historically have included a as well as a subordinate of hers in a number of blunt, plain-spoken individ- that, in the end, Secretary Bolton de- later USAID-funded project who recalls livered a speech that was properly uals, including Jeane Kirkpatrick and her mentioning it. our former colleague, Daniel Patrick cleared and that expressed official U.S. Ultimately, Ms. Townsel went on to Moynihan. In fact, President Bush has policy. another USAID project in the former One of the most sensationalized accu- cited John Bolton’s direct style as one Soviet Union, and the company she ac- of the reasons he has picked him for sations against Secretary Bolton is cused of mismanagement was awarded that 11 years ago, he chased a woman this particular job. more USAID contracts and continues It is easy to say any inquiry into any around a Moscow hotel throwing things to be well regarded. allegation is justified if we are pur- at her. This is problematic first be- The original charge against Sec- suing the truth, but as Senators who cause the behavior described seems so retary Bolton is uncorroborated and are frequently called upon to pass judg- out of place. But secondly, because it overstated. On the basis of what we do ment on nominees, we know reality is has been very difficult for our staffs, know, there is nothing to offset Sec- more complicated than that. We want despite many hours of interviews on retary Bolton’s long record of public to ensure that nominees are qualified, this matter, to ascertain just what service in several administrations. It skilled, honest, and open. happened. has been charged that collectively the Clearly, we should pursue credible re- The woman, Melody Townsel, who allegations against Secretary Bolton ports of wrongdoing, but in doing so, lives in Dallas, admits that she is a lib- form an unacceptable pattern of behav- we should understand that there can be eral Democrat who worked for Mothers ior. This is an unfortunate argument human and organizational costs if the Opposing Bush in the last election. Ms. by opponents because it depends on inquiry is not focused and fair. Townsel also told our staffs that her doubts arising from an intense inves- We have all witnessed quality nomi- original accusation, contained in a let- tigation of accusations, many of which nees who have had to endure a conten- ter that was made public, may have had no substantiation. By its nature, it tious nomination process that opened been too strong in some places. She also discounts the dozens of positive them up to any charge leveled from said: ‘‘ ‘Chasing’ may not be the best testimonials on Secretary Bolton’s be- any direction. Both Republicans and word.’’ What she meant was that Sec- half from former coworkers who attest Democrats have been guilty of employ- retary Bolton would approach her to his character and his effectiveness. ing prosecutorial tactics to oppose whenever he saw her at the hotel where We need to think clearly about the nominees with whom they did not they were both staying because, as she context of the allegations leveled agree. Some would say that nominees describes it, she did not want to meet against Secretary Bolton. First, this are fair game. If they accept appoint- with him over a legal matter. It is im- has been an extremely public inquiry. ment, they enter the public arena portant to remember that Secretary By its nature, it has encouraged anywhere no quarter will be given. But we Bolton was a private lawyer at that one with a grudge or disagreement need capable people who are willing to time. He was not representing the U.S. with Secretary Bolton, stretching back serve our Government and the Amer- Government. He was working for a to 1983, to come forward and tell their ican people. company against which Ms. Townsel story. There have been no thematic Among all the other qualifications, it had made some very serious charges— limits on the allegations that oppo- seems we have required nominees to charges which proved unfounded—that nents of the nominee have asked to be subject themselves and their families could have cost his company an impor- investigated. to partisan scrutiny. This has implica- tant USAID contract in the former So- I simply submit that no one working tions well beyond this current nomina- viet Union. in Washington in high-ranking position.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5880 CONGRESSIONAL RECORD — SENATE May 25, 2005 Our Democratic colleagues have rective, forward-looking United Nations. . . . well-known attributes of exceptional intel- ognized this fact when they have de- Secretary Bolton, like the administration, ligence and intensity of purpose. This is a fended Democratic nominees in the has his critics of course. Anyone as energetic rare combination and, we would think, high- past. With respect to one nominee in and effective as John [Bolton] is bound to en- ly desirable for an American ambassador to counter those who disagree with some or the United Nations. October 1993, Senator BIDEN said: even all of the administration’s policies. But Former British Prime Minister Mar- The Senate does nothing to fulfill its re- the policies for which he is sometimes criti- sponsibility to advice and consent on Presi- garet Thatcher wrote in a recent letter cized are those of the President and the De- to Secretary Bolton: dential nominations and does nothing to en- partment of State which he has served with hance its reputation as the world’s greatest loyalty, honor and distinction. To combine, as you do, clarity of thought, courtesy of expression and an unshakeable deliberative body by entertaining a long and Andrew Natsios, the current USAID disagreeable litany of past policy disagree- commitment to justice is rare in any walk of ments, nor by entertaining anonymous and administrator and M. Peter McPher- life. But it is particularly so in international probably false allegations. son, a former USAID administrator, affairs. A capacity for straight talking rath- along with 37 officials who worked with er than peddling half-truths is a strength With regard to a troubled 1999 nomi- and not a disadvantage in diplomacy. Par- nation, Senator DODD quite John Bolton during his year at USAID wrote: ticularly in the case of a great power like insightfully stated: America, it is essential that people know I am one, Mr. Chairman, who worries deep- We know John to be a forceful policy advo- where you stand and assume that you mean ly about our ability to attract the best our cate who both encourages and learns from what you say. With you at the UN, they will society can produce to serve our country. It rigorous debate. We know him to be a man of do both. Those same qualities are also re- is not easy to submit yourselves and your balanced judgment. And we know him to quired for any serious reform at the United families to the kind of public scrutiny that a have a sense of humor, even about himself. Nations itself, without which cooperation be- nomination of this magnitude involves. We John leads from in front with courage and tween nations to defend and extend liberty have got to sort out some ways in which we conviction—especially positive qualities, we will be far more difficult. can go through this process without making believe, for the assignment he is being asked to take on. He is tough but fair. He does not During consideration of the Bolton it so discouraging to people that those who nomination, we have spent a good deal watch the process who think one day they abuse power or people. John is direct, yet thoughtful in his communication. He is high- of time scrutinizing individual con- might like to serve their country will be dis- versations and incidents that happened couraged from doing so in any administra- ly dedicated, working long hours in a never- tion, and I am deeply worried that if we do ending quest to maximize performance. Yet several years ago. Regardless of how not get a better handle on this, that will be he does not place undue time demands on his each Senator plans to vote, we should the net result of what we accomplish. staff, recognizing their family obligations. not lose sight of the larger national se- What he does demand from his staff is per- curity issues concerning UN reform Senator DODD also provided com- sonal honesty and intellectual clarity. ments for a March 1, 1997, Washington and international diplomacy that are Another letter from former Attor- Post article about the travails of a dif- central to this nomination. neys General Ed Meese and Dick ferent nominee. He said: The President has tapped Secretary Thornburgh; former Governors William Bolton to undertake this urgent mis- It’s getting harder and harder to get good Weld and Frank Keating; former coun- people to serve in government. Advice and sion. Secretary Bolton has affirmed his consent does not have to be abuse. sels to the President C. Boyden Gray commitment to fostering a strong and Arthur Culvahouse Jr.; and 39 In an investigation of this type, we United Nations. He has expressed his other distinguished Officials stated: constantly have to ask, where do you intent to work hard to secure greater draw the line? Where does legitimate Each of us has worked with Mr. Bolton. We international support at the UN for the know him to be a man of personal and intel- due diligence turn into partisanship? national security and foreign policy ob- lectual integrity, deeply devoted to the serv- jectives of the United States. He has Where does the desire for the truth ice of this country and the promotion of our turn into a competition over who wins foreign policy interests as established by stated his belief in decisive American and who loses? Not every line of the in- this President and Congress. Not one of us leadership at the UN, and underscored quiry is justified by our curiosity or has ever witnessed conduct on his part that that an effective United Nations is even our suspicions. resembles that which has been alleged. We very much in the interest of U.S. na- The Foreign Relations Committee feel our collective knowledge of him and tional security. has focused a great deal of energy ex- what he stands for, combined with our own I believe that the President deserves amining several accusations against experiences in government and in the private to have his nominee represent him at sector, more than counterbalances the credi- the nominee. This may leave some ob- the United Nations. I am hopeful that bility of those who have tried to destroy the we will vote to send this nominee to servers with the false impression that distinguished achievements of a lifetime. John Bolton’s service has been domi- the United Nations without further Another letter came from 21 former delay and with a maximum amount of nated by discord and conflict. We need officials who worked with John Bolton to acknowledge that a great many offi- enthusiactic support. in his capacity as Assistant Secretary I yield the floor and I suggest the ab- cials with whom he has worked have of State for International Organization endorsed him and many subordinates sence of a quorum. Affairs. It states: The PRESIDING OFFICER. The have attested to his managerial char- Despite what has been said and written in clerk will call the roll. acter. I would like to cite just a few of the last few weeks, John has never sought to The bill clerk proceeded to call the the comments received by the com- damage the United Nations or its mission. roll. mittee in support of Secretary Bolton. Quite the contrary—under John’s leadership Mr. LUGAR. Mr. President, I ask Former Secretaries of State James the organization was properly challenged to unanimous consent that the order for fulfill its original charter. John’s energy and Baker, Larry Eagleburger, Alexander the quorum call be rescinded. Haig, Henry Kissinger, and George innovation transformed IO from a State De- partment backwater into a highly appealing The PRESIDING OFFICER. Without Shultz, former Secretaries of Defense objection, it is so ordered. Frank Carlucci and James Schlesinger, work place in which individuals could effectively articulate and advance U.S. policy and Mr. LUGAR. I ask that the time now former Ambassadors Jeane Kirkpatrick their own careers as well. be equally charged to both sides. and Max Kampelman, former National A letter also arrived from 43 of John The PRESIDING OFFICER. Without Security Adviser Richard Allen, former Bolton’s former colleagues at the objection, it is so ordered. Arms Control and Disarmament Agen- Mr. LUGAR. I suggest the absence of American Enterprise Institute. It stat- cy Director Kenneth Adelman, former a quorum. ed: Assistant Secretary of State David The PRESIDING OFFICER. The Abshire and former Department of As we have followed the strange allega- clerk will call the roll. tions suddenly leveled at Mr. Bolton in re- The bill clerk proceeded to call the State Counselor Helmut Sonnenfeldt cent days and reflected among ourselves on strongly endorsed Secretary Bolton in our own experiences with him, we have come roll. a letter to the committee. They said: to realize how much we learned from him, Mr. LUGAR. Mr. President, I ask It is a moment when we must have an am- and how deep and lasting were his contribu- unanimous consent the order for the bassador in place whose knowledge, experi- tions.... Contrary to the portrayals of his quorum call be rescinded. ence, dedication and drive will be vital to accusers, he combines a temperate disposi- The PRESIDING OFFICER. Without protecting the American interest in an effec- tion, good spirit, and utter honesty with his objection, it is so ordered.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5881 Mr. LUGAR. Mr. President, I ask an ideologue—a bright ideologue, but to do. We have, under the leadership of unanimous consent that quorum calls nonetheless an ideologue, as evidenced Jesse Helms and with my help, passed be charged equally against both sides by his long record both in and out of the Helms-Biden legislation reforming for the duration of the debate on the Government. And he lacks the trust portions of the United Nations. Much Bolton nomination. and confidence of his superiors, as evi- more needs to be done. The PRESIDING OFFICER. Without denced by the fact that the Secretary I would note that when we had John objection, it is so ordered. of State has felt the need to assure Danforth, an incredibly well respected Mr. LUGAR. Mr. President, I suggest Senators in this Chamber that Mr. ambassador, up until a couple of the absence of a quorum. Bolton will be ‘‘closely supervised.’’ As months ago, and before him Mr. The PRESIDING OFFICER. The one of our colleagues said, why in the Negroponte, there was not all this talk clerk will call the roll. Lord’s name would you send someone about the primary responsibility being The bill clerk proceeded to call the to the United Nations who had to be reform. They were fully capable of roll. ‘‘closely supervised?’’ dealing with reform. Mr. BIDEN. Mr. President, I ask The job of U.N. ambassador is impor- I would point out that not even the unanimous consent the order for the tant, to state the obvious, because of Secretary of State, Condoleezza Rice, quorum call be rescinded. the many challenges the United States believes John Bolton is necessary for The PRESIDING OFFICER (Mr. confronts in the year 2005. I would reforming the United Nations. Four SUNUNU). Without objection, it is so or- argue it is a more important post than days after the Bolton nomination was dered. at any time since 1962 and the Cuban announced, Dr. Rice appointed another Mr. BIDEN. Mr. President, I rise missile crisis. We confront a monu- person, Dr. Shirin Tahir-Kheli, ‘‘to today to state what is obvious to the mental threat by radical Islamic fun- serve as the Secretary’s senior advisor Chair and my colleagues, that I will op- damentalists bent on destroying Amer- and chief interlocutor on United Na- pose the nomination of John Bolton to ica and our allies. We confront a rad- tions reform.’’ The State Department be U.S. representative to the United ical regime in North Korea and a the- press release announcing the appoint- Nations. I regret, frankly, we are even ocracy in Iran that seek nuclear weap- ment made no mention of Mr. Bolton. Mr. Bolton was not picked because debating this nomination while the ad- ons and the means to deliver them. We his job was United Nations reform. ministration continues to withhold rel- confront the challenge of building That is the job of every U.S. ambas- evant material about Mr. Bolton that democratic states in Iraq and Afghani- sador to the U.N., or part of the job. the committee has requested, and for stan, two countries that have known No, this debate is not about U.N. re- which no reasonable explanation has mostly dictatorship and suffering for form or U.N. interests; it is about been given as to why it has not been generations. We confront the chal- whether the appointment of Mr. Bolton provided other than they do not think lenges of the AIDS pandemic, war and is in the national interests of the the information is ‘‘relevant’’ to our humanitarian catastrophes across the inquiry. I will return to that issue United States of America. I firmly be- African continent, and the threat of in- lieve, as my friend from Ohio, Mr. later today. stability in every continent. VOINOVICH, does, that it is not in the The job to which Mr. Bolton has been Despite our vast economic and mili- nominated is one of the most impor- U.S. interests. tary power we cannot—or I should say There are four reasons to vote no on tant ambassadorships the President more appropriately, we need not—face Mr. Bolton. Each, standing alone, in fills. It is, in fact, the most important these challenges alone. America’s secu- my view, would justify a negative vote, one. In the past, it has often held Cabi- rity is enhanced when we work with but taken together they provide an net rank. Leading figures of their day our allies, and the United Nations is overwhelming case. What is even more have held that job, people such as Re- one of the places we can find them. Our extraordinary is that much of the evi- publican Henry Cabot Lodge, Democrat security is enhanced when even those dence for this case comes from senior Adlai Stevenson, President George Her- who are not considered our allies un- officials in the Bush administration bert Walker Bush, Daniel Patrick Moy- derstand that the threat that we are who worked with Mr. Bolton. The bulk nihan, Jeane Kirkpatrick, Richard concerned about is common to all of of the evidence to make the cases I am Holbrooke, Senator Jack Danforth. us, to them as well as us, to almost all about to make came from senior Re- Aside from the President and the Sec- nation states. publican administration officials who retary of State, the U.N. ambassador is For better or worse, the United Na- worked with Mr. Bolton. They had the best known face of American diplo- tions is an essential forum for the ad- nothing to gain and a good deal to lose macy. vancement of U.S. foreign policy and by appearing before our committee, but It is a job that in my view requires a national security interests in the year everyone came voluntarily. No one had person with diplomatic temperament, a 2005—a troublesome forum but in fact a to be subpoenaed. We asked and they person willing to listen to other points necessary forum. For better or worse, came. of view, and blessed with the power to the U.N. Security Council makes deci- The first reason Mr. Bolton should, be able to persuade, such as President sions that affect international security in my view, be denied the ambassador- Bush’s father George Herbert Walker and stability. Granted, they cannot ship to the United Nations is that Mr. Bush was. make any decision without the United Bolton repeatedly sought to remove in- It is a job that requires a person of States signing off—we can veto it—but telligence analysts who disagreed with great credibility, such as Governor they have the ability to isolate us in- him. Mr. Bolton was not content to Adlai Stevenson. stead of isolating those who should be fight the normal policy battles. He had It is a job that requires a person who isolated. to crush people, even if they were just is not an ideologue, such as Senator For better or worse, the United Na- doing their jobs. Daniel Patrick Moynihan, a Democrat tions provides a means for the United One analyst was Christian who served a Republican President as States to gain international support Westermann, an expert on biological ambassador to the United Nations. for difficult missions it seeks to under- and chemical weapons with a 20-year And it is a job, in my view, that re- take, not only in our interest but in career in the U.S. Navy who worked in quires a person who has the complete the interest of others, allowing us to the State Department’s Bureau of In- confidence of the President of the share the cost and burdens with others telligence and Research after retiring United States and Secretary of State, and not put it all on the back of the from the U.S. military. such as Jeane Kirkpatrick did. American taxpayer. In February of 2002, Mr. Westermann Mr. Bolton is not that person. He is The United Nations is not perfect, as was asked by Mr. Bolton’s staff, which no diplomat, as evidenced by his con- the Presiding Officer well knows—far is standard operating procedure, to tempt for opposing views and his in- from it. It needs significant reform— begin the intelligence community ability or unwillingness to listen. His again as the Presiding Officer knows. clearance process for three sentences credibility is in grave doubt, as evi- But let’s not equate reform of the that Mr. Bolton wanted to put in a denced by his repeated efforts to dis- United Nations with John Bolton, as speech about the biological weapons ef- tort facts to fit preformed views. He is some of our colleagues have attempted fort of Cuba. The speech was not made

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5882 CONGRESSIONAL RECORD — SENATE May 25, 2005 yet; the speech was in the making. Westermann’s supervisors to give Mr. Mr. Bolton and Ambassador Otto What is a normal operating procedure Westermann a new portfolio, but then, Reich, Assistant Secretary of State for in this State Department, the last he said, ‘‘I shrugged my shoulders and Latin America. The draft was ad- State Department, and the ones before moved on.’’ But the evidence is clear dressed to Director of Central Intel- that, is that when a policymaker wish- that Mr. Bolton did not, as he said, ligence Agency, Mr. George Tenet. es to include in a speech intelligence ‘‘move on.’’ He tried twice more to re- The draft letter urged the immediate data or assertions that the U.S. gov- move Mr. Westermann, the biological replacement of the National Intel- ernment or the intelligence commu- weapons expert. A few days later, he ligence Officer and indicated that nity believes thus and so, it has to be tried to remove him, and then several Bolton and Reich would take several cleared first by the intelligence com- months later. measures on their own, including ban- munity. My friend from Indiana—and as we ning the National Intelligence Officer Mr. Westermann, the State Depart- say here, he is my friend—argues this from official meetings at the State De- ment’s intelligence analyst for biologi- does not matter. Mr. Westermann kept partment and from official travel in cal weapons, had two roles in this proc- his job, no harm, no foul—my words. the Western Hemisphere. ess of clearing these three sentences. But the system had to work overtime A response to the e-mail from a col- One was to transmit the material to a to counteract the harmful effects of league reported that he discussed the clearance coordinator at the CIA who this episode. Don’t take my word for it. same matter with Mr. Bolton, whom he would then seek clearance from all the Listen to Carl Ford, the former Assist- said ‘‘would prefer at this point to han- other intelligence agencies in the Gov- ant Secretary of State for INR, who dle this in person with [Mr.] Tenet.’’ says he supports the President and, in ernment—Defense Intelligence, et The following month—again, going to his words, is a huge fan of Vice Presi- cetera, a whole panoply of the intel- the issue of whether he tried to get this dent CHENEY, and not anyone who has ligence community. The second func- guy removed—Mr. Bolton traveled to ever been accused of being a liberal tion Mr. Westermann had as the intel- the CIA headquarters to meet with Mr. Democrat. ligence officer at the State Department Stuart Cohen, the Acting Chairman of for biological weapons was to provide Mr. Ford testified that the analysts in his Bureau were ‘‘very negatively af- the National Intelligence Council, the substantive comments of his Bu- where he asked that the National Intel- reau—that is, INR—on Mr. Bolton’s fected by this incident—they were scared.’’ Ford said that after the ligence Officer be removed from his po- text to this clearance coordinator; in sition. other words, in addition to what the Westermann incident, he tried to make the best of a bad situation by using the Mr. Cohen, the Acting Chairman of other intelligence agencies thought the National Intelligence Council, said about these three sentences, to say incident as a training vehicle to explain to his people how to handle simi- he did not remember many details what the intelligence analysts in the about the meeting with Mr. Bolton State Department thought about these lar situations if they came up. At Ford’s request, Secretary Powell made other than Mr. Bolton’s intent was three sentences. clear: He wanted the National Intel- In performing that latter function, a special trip to speak to the INR analysts, where Mr. Powell singled out Mr. ligence Officer for Latin America re- Mr. Westermann proposed alternative moved. language to the three sentences sub- Westermann and told the analysts they Later that month—again, remember, mitted by Mr. Bolton’s staff, a stand- should continue to ‘‘speak truth to Mr. Bolton said: I did not try to get ard means of trying to help a policy- power.’’ They had to do this because this guy. I let it alone—a senior aide to maker say something about classified Mr. Bolton was allergic to people deliv- Mr. Bolton told a senior aide to Mr. matters so that the sources and meth- ering news that his proposed language Reich that Bolton wanted to meet ods are not compromised and so that was not supported by the evidence. As one of Mr. Westermann’s super- Reich to ‘‘discuss the draft letter to the statement is consistent with the visors recounted, Mr. Bolton declared CIA on our favorite subject’’ and said intelligence community’s judgments ‘‘he wasn’t going to be told what he that ‘‘John doesn’t want this to slip on that point being spoken to. When could say by a mid-level munchkin an- any further.’’ Mr. Bolton found out that Mr. alyst.’’ At the U.N., the special rep- The next day, the same aide to Mr. Westermann suggested alternative lan- resentative has to listen to a lot of peo- Bolton e-mailed Secretary Reich and guage, he hit the roof. He summoned ple who disagree with him and then re- his aide and had a new draft to the let- Mr. Westermann to his office and gave port back faithfully on what they are ter. He said that the draft ‘‘relies on him a tongue lashing. saying. Is Mr. Bolton capable of doing Look, Mr. Westermann does not work John’s tough talk with [Mr.] Cohen that? ‘‘about the national intelligence offi- directly for Mr. Bolton. There is within The second analyst Mr. Bolton tried the State Department Mr. Bolton’s op- cers. to remove from his position is a more So much for not trying to get him re- eration, the people who work directly remarkable case for two reasons: The for him, and then there is the intel- moved. analyst worked in another agency; and Two months later, in September, an- ligence operation, INR, headed at the his portfolio did not involve Mr. time by a guy named Carl Ford. At the other draft letter urging the removal of Bolton’s area of responsibility, which the National Intelligence Officer was bottom of the food chain is the guy in was arms control and weapons of mass charge of biological weapons as an in- exchanged between Mr. Bolton’s office destruction. and Mr. Reich’s office. telligence analyst; that is, Mr. The analyst was the National Intel- Now, does that sound like he ‘‘let it Westermann. ligence Officer for Latin America. He go,’’ as he said he did? Remember, his Mr. Bolton summoned Mr. disputed language on Cuba that was staff said Mr. Bolton said he doesn’t Westermann into his office and, ac- used in a speech Mr. Bolton had given, cording to Mr. Westermann, Bolton and that he then wanted to give again want to let this matter ‘‘slip any fur- was ‘‘red faced’’ and yelling at him. in congressional testimony. ther.’’ If you ask me, this was more When Mr. Westermann tried to explain During the committee hearing, Mr. than ‘‘one part of one conversation . . . what he had done, Mr. Bolton threw Bolton again tried to minimize his ac- one time,’’ as Mr. Bolton said. It was a him out of his office. tions, stating that his effort to remove campaign, a vendetta, against a person Then, over the course of the next 6 this individual was ‘‘one part of one Mr. Bolton had never met and whose months, Mr. Bolton tried on three sep- conversation with one person, one time work Mr. Bolton acknowledges he can- arate occasions to have Mr. . . . and that was it, I let it go.’’ not recall ever reading, all because he Westermann removed from his posi- The evidence shows that he did not questioned Mr. Bolton. tion. During the committee hearing, let it go but, rather, that he and his If this is how Mr. Bolton reacts to Mr. Bolton grudgingly conceded that staff actively discussed the removal of someone he has never met, how will he he sought to remove Mr. Westermann this National Intelligence Officer over control himself in New York? Sec- from his portfolio, but he tried to mini- the course of 4 months. retary Rice, the Secretary of State, mize his involvement. Mr. Bolton sug- In early June of 2002, an aide to Mr. told the Senator from Ohio that Mr. gested that he asked one of Mr. Bolton circulated a draft letter from Bolton will be ‘‘closely supervised.’’

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5883 How much energy at the State Depart- a very delicate moment, in which if, in man of the Joint Chiefs of Staff, then ment will be diverted to supervising fact, a senior administration official Secretary of State, said that because Mr. Bolton? came forward and said there was evi- Mr. Bolton didn’t properly clear his Thankfully, senior management at dence that there was a nuclear weapons speeches with the appropriate authori- CIA had the good sense to rebuff Mr. program in Syria, we might have had a ties and experts within the State De- Bolton’s attempts to remove the Na- war. partment—the Deputy Secretary of tional Intelligence Officer. The former Mr. Bolton wanted to make a speech State, the No. 2 man, Secretary Deputy Director of Central Intel- about that, and here is the guy who Armitage ‘‘made a decision that John ligence, John McLaughlin, remembers headed up the National Intelligence Bolton would not give any testimony, that when the issue was raised with Council, the chairman. He said that nor would he give any speech that him, he adamantly rejected it. Here is what Bolton wanted to say ‘‘struck me wasn’t cleared first by Rich what the Deputy Director of the CIA as going well beyond . . . where the [Armitage].’’ said: evidence would legitimately take us. Think of that. Here is the guy, head Well, we’re not going to do that, absolutely And that was the judgment of the ex- of the arms control and nonprolifera- not. No way. End of story. perts on my staff, as well.’’ tion piece of the President’s operation Mr. McLaughlin, at the CIA, ex- This is not minor stuff. I remind the at the State Department who needs, as plained why he so strongly opposed Mr. American people and my colleagues much as anyone, classified information Bolton’s proposal to get rid of this na- that an awful lot of Senators voted to and accurate intelligence, and he has tional intelligence officer. And I quote go to war in Iraq on the assertion that to be told by the No. 2 man at the from Mr. McLaughlin, formerly at the Iraq had weapons of mass destruction, State Department that he is no longer CIA: which now the administration itself ac- authorized to make any speech without It’s perfectly all right for a policymaker to knowledges they did not have. Mr. it first being cleared by the No. 2 man express disagreement with an . . . analyst, Bolton, according to the chairman of at the State Department. I don’t do and it’s perfectly all right for them to . . . the National Intelligence Council, that with my senior staff. I don’t have challenge their work vigorously. But I think wanted to say things about Syria and to. It is truly remarkable. it’s different to then request, because of the weapons of mass destruction that This may have occurred with one of disagreement, that the person be transferred. And . . . unless there is malfeasance in- struck him and his experts as going be- the six other Presidents with whom I volved here—and, in this case, I had high re- yond what could legitimately be stat- have served since I have been here, but gard for the individual’s work; therefore, I ed. if it has, I am unaware of it, and I had a strong negative reaction to the sugges- Chairman Hutchings said that Bolton would like to know. tion about moving him. took ‘‘isolated facts and made much Powell’s Chief of Staff later told the He is speaking of the National Intel- more of them to build a case than I New York Times, referring to what I ligence Officer. thought the intelligence warranted.’’ just talked about—restrictions that That, all by itself, is reason to vote Does that sound familiar to you? Re- Mr. Bolton could not make a speech against Mr. Bolton—thoroughly out- member aluminum tubes, offered by without it being cleared by the No. 2 rageous conduct as it related to two in- the Vice President as evidence that man at the State Department—that ‘‘if telligence officers who disagreed with Iraq had a gas centrifuge system, had anything, the [restrictions] got more him. reconstituted their nuclear capability, stringent’’ as time went on. ‘‘No one A second reason to oppose Mr. Bolton when, in fact, the most informed ele- else’’—I assume he means in the entire is that he frequently sought to stretch ments of the intelligence community State Department—‘‘was subjected to the intelligence—the available intel- said those tubes—because they were these tight restrictions.’’ ligence—to say things in speeches and anodized—couldn’t be used for a gas Consider this: we have the chairman in testimony that the intelligence centrifuge system? Facts taken out of of the National Intelligence Organiza- community would not support. The context to make a case that didn’t tion, the Chief of Staff for the Presi- committee report lays out this allega- exist got us into war prematurely. dent, Secretary of State, the former tion in extensive detail, and it is there Here we now have Mr. Bolton, when Deputy Director of Central Intel- for every Senator to see. There is people are talking about going to war ligence, the former head of an office ample evidence that Mr. Bolton sought with Syria, and the head of the Na- within the CIA named Mr. Cohen, and to cherry-pick, as one analyst said, tional Intelligence Council says Mr. the former head of the intelligence ap- cherry-pick intelligence; sought to Bolton took ‘‘isolated facts and made paratus at the State Department—all game the system, to get the clearances much more of them to build a case of them, nary a Democratic appointee he wanted, or simply sought to intimi- than I thought the intelligence war- in the crowd, pointing out how Mr. date intelligence analysts to get them ranted. It was a sort of cherry-picking Bolton overreached, cherry-picked, had to say what he wanted. of little factoids and little isolated bits to be disciplined, had to be overruled, Again, don’t take my word for it. that were drawn out to present the had to be supervised. And here Mr. Take the word of an administration ap- starkest-possible case.’’ Bolton was, an Assistant Secretary of pointee, Mr. Robert Hutchings, the Let me take you back to aluminum State, and we want to send him now to Chairman of the National Intelligence tubes, out of context, an isolated fact, the No. 2 job in diplomacy after the Council from 2003 to 2004. Chairman drawn out to present the starkest pos- Secretary of State? Hutchings said, in the summer of 2003, sible case that Iraq had ‘‘reconstituted Listen to Mr. Bolton’s own loyal that Mr. Bolton prepared a speech on its nuclear capability.’’ staff. After being told that the intel- Syria and weapons of mass destruction There used to be an expression my ligence community could not support a that ‘‘struck me as going well beyond dad used to say in World War II: Loose statement Mr. Bolton wanted to make . . . where the evidence would legiti- lips sink ships. Cherry-picking little on Cuba, a member of Mr. Bolton’s mately take us. And that was the judg- factoids and little isolated bits drawn staff wrote to a CIA official and said ment of the experts on my staff, as out to present the starkest-possible that ‘‘several heavy hitters are in- well.’’ case can cause wars. volved in this one, and they may Now, remember, this is 2003. We had Listen to Larry Wilkinson, who choose to push ahead over the objec- 160,000 troops in Iraq and in Afghani- served as Secretary of State Colin Pow- tions of the CIA and INR . . . unless stan. There was all kinds of talk on the ell’s Chief of Staff, a military man there is a serious source and methods floor of the Senate and in the Nation himself. He told us that because of the concern.’’ about whether we would invade Syria problems that the State Department We have all been around here. Let’s next. There was all kinds of discussion was having with Mr. Bolton’s speeches translate that. This is Mr. Bolton’s and supposition that the weapons of not always being properly cleared by staff writing to a CIA official, when mass destruction that were never found the State Department offices and offi- CIA is telling Mr. Bolton that he can- in Iraq—and we later learned had not cials—think of this now, the Chief of not say what he wants to say. Mr. existed after 1991 or 1995—had been Staff, a military man himself, I think a Bolton’s staff writes to the CIA official smuggled, for hiding, into Syria. It was colonel, working for the former chair- who said Mr. Bolton could not do that:

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5884 CONGRESSIONAL RECORD — SENATE May 25, 2005 ‘‘Several heavy hitters are involved in Syria doesn’t have nuclear weapons, if plained about, but for which he sought this one.’’ that were the conclusion. to have certain intelligence analysts I am sure no staff on the floor of the Now, Mr. Bolton had been stopped re- punished; is that right? Senate could possibly be intimidated peatedly by various intelligence agen- Mr. BIDEN. That is absolutely right. to maybe reconsider a recommendation cies from saying things that the intel- When an intelligence analyst said to they made if, in fact, the Chief of Staff ligence did not support. I am making him, on two occasions—Mr. of the majority leader or the minority this up. Let’s assume Mr. Bolton want- Westermann being one—no, Mr. Sec- leader, or chairman of the Foreign Re- ed to say that Syria has nuclear weap- retary, you cannot say that because lations Committee, or the ranking ons and the CIA analysis says it the intelligence community doesn’t be- member sent out an e-mail or a letter doesn’t. Under the present rules, CIA lieve that, the intelligence community to them saying: Look, Jack, I know can say to Mr. Bolton that he cannot doesn’t think what you are about to what you said, but let me tell you say that. So what does Mr. Bolton do? say is accurate, you cannot say it, something, there are several heavy hit- He goes back and says to the intel- what did Mr. Bolton do? He tried to get ters here who may go beyond you. ligence community, through his staff, that intelligence analyst fired for Translated: Are you sure you want to we want to change the rule. You can- doing nothing but his job and telling say he cannot do this? You would have not tell me, I say to my friend from him, no, boss, you cannot say that; had to have your head in a rain barrel Maryland, what I can say about wheth- that is not what the intelligence com- for the past 20 years not to understand er or not they have nuclear weapons. I munity believes. what the message was that was being can say they do, even though you say That is different than if Mr. Bolton communicated. they don’t. had said: I am going to go out and say, Mr. Bolton’s staff was saying that Mr. SARBANES. Will the Senator You know, the intelligence community Mr. Bolton might make statements in yield for a question? doesn’t agree with me, but I, John the name of the Government, or at Mr. BIDEN. First, let me finish this Bolton, I believe these are the facts. He least with the claim that they were point. But, his staff says, you can tell probably would get fired by the Presi- supported by U.S. intelligence, despite Mr. Bolton he cannot say it only if it dent for doing that, but that is not a the analysts’ views that these state- will reveal a source or a method. In violation of any procedure. He is not ments were not justifiably based on the other words, his staff was seeking carte purporting to speak for the intelligence evidence. That is more than mere arro- blanche to allow Mr. Bolton to cherry- community when he does that. gance. It suggests a willingness to de- pick, as the former chairman of the Na- Mr. SARBANES. If the Senator will fraud the American people, and it sug- tional Intelligence Council said, yield for a further question, I under- gests that there is a price that will be factoids in isolation to make a case stand that the analyst with whom paid by you, you not-so-senior person, that didn’t exist. Bolton had this confrontation said that I will yield to my friend for a ques- if you raise a ruckus about this. what Bolton was seeking to say didn’t tion. That e-mail I described was not a Mr. SARBANES. It is my under- represent the judgment of the intel- one-time event. Mr. Bolton’s staff later standing that if a policymaker wants ligence community. In other words, the informed the intelligence community to make a statement reflecting an in- analyst was stating correctly the posi- that they wanted to change the rules telligence judgment, representing the tion of the intelligence community for reviewing proposed speeches to position of the Government—not his which Mr. Bolton was, in effect, seek- limit their objections to only those ob- own personal position, but the position ing to ignore or go against. So it is not jections related to sources and method. of the Government—the standard prac- as though the analyst was seeking to Let me translate that. I see my tice is for the statement to be sub- impose his own personal opinion. His friend from Maryland on the floor. If he mitted to the intelligence community judgment corresponded with the vetted were an intelligence officer in the for clearance, to be certain that the judgment of the broader intelligence United States government who found statement accurately reflects the judg- community; is that correct? out that another country was sup- ment of the intelligence community; is Mr. BIDEN. If the Senator will yield, porting an al-Qaida undertaking and that correct? not only the community he worked for, my friend from Maryland was a CIA op- Mr. BIDEN. That is absolutely cor- but the entire community. This Na- erative in that other country, if I were rect. tional Intelligence Officer, who re- to expose the fact that that country Mr. SARBANES. So you don’t have mains nameless because he is under- was cooperating with the CIA, I might policymakers making assertions about cover, did not give his own opinion. He inadvertently disclose who the source intelligence matters that are not sup- gave the opinion of what was the con- of that intelligence is and, by doing so, ported by the intelligence community. sensus of the intelligence community. maybe get my friend killed. Or if that If you stop and think about that, it The Deputy Director of Central Intel- information is picked up by a bugging seems to me that is a very wise rule. ligence, Mr. McLaughlin, said: No, my device placed in a meeting room, if I Otherwise, policymakers can run guy, my CIA officer is right; Mr. were to say on the floor that we have a around making all kinds of assertions Bolton is wrong, and it is wrong to try recording saying that Official A of about intelligence matters, portraying to get him fired. Country A met with al-Qaida, clearly, them as representing the considered In addition to both of these intel- they might be able to figure out how judgment of the Government and, ligence analysts being backed up by we knew that, what the method of therefore, the considered judgment of their bosses at the highest level—one picking up the information was. the intelligence community. That is at INR, the intelligence operation So we are very fastidious in this Sen- the kind of review that the intelligence within the State Department, and one ate—those of us who deal with intel- community—in addition to the sources in CIA—in addition to being backed up ligence matters—not to ever reveal a and methods review—was undertaking by them, they got backed up by the source or a method, and even though to do. policymakers who are their bosses—the the information revealed may not be so As I understand it, it is standard op- Secretary of State of the United States classified that we are told by the Agen- erating procedure for any policy- of America and the Deputy Secretary cy you cannot say this for fear of re- maker—— of State of the United States of Amer- vealing a source or a method of picking Mr. BIDEN. If I may interrupt the ica—both of whom were superior in up this information, we do not disclose Senator, any administration official terms of authority to Mr. Bolton. it. who wishes to purport that he speaks So it is Mr. Bolton who was chastised There is a second type of intel- for the administration, which includes by the Deputy Secretary of State as a ligence, and that is the intelligence the intelligence community, has to consequence of these encounters, be- analysis that says: Syria does not have have his or her statement cleared on cause the Deputy Secretary of State nuclear weapons. That is an analysis that specific point, yes. That is stand- said: Hey, look, John, in addition to by experts in our intelligence commu- ard operating procedure. the analysts being correct, you are no nity who reached the conclusion, from Mr. SARBANES. And that was the longer authorized to make any speech all kinds of sources and methods, that very thing that Bolton not only com- that is not cleared by me; you are no

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5885 longer authorized to give any testi- stand the intercept. He did that 10 Mr. SARBANES. And Senators who mony before the Congress that is not times. are charged with making this very im- cleared by me. Mr. SARBANES. And he got the portant decision about whether this So not only were these analysts name, presumably. nominee should be confirmed for this backed up by their superiors in the in- Mr. BIDEN. To the best of our knowl- very important position. It seems to telligence hierarchy, they were backed edge, he got the name of the American. me clearly relevant in reaching some up by the policymakers. Mr. SARBANES. I understand in try- judgment about the nominee to have Mr. SARBANES. Will the Senator ing to do due diligence on the Bolton this information provided to those who yield for a further question? nomination on the part of the com- have to render the judgment. Mr. BIDEN. Surely. mittee, the very able Senator from Mr. BIDEN. If my friend from Mary- Mr. SARBANES. I apologize if I am Delaware, who has had extensive expe- land will further yield, Senator LUGAR, anticipating his statement. As I under- rience on investigatory matters, re- the Republican chairman of the com- stand it, when a policymaker requests quested that we be provided with the mittee, and I received a letter today the transcripts of intelligence inter- names of the Americans that Bolton dated May 25, addressed to both him cepts, let’s say the intercept of a con- had received from the intelligence and me, from the vice chairman of the versation, the documents that are pro- agency; is that correct? Intelligence Committee, saying: It is vided identify the foreign source but Mr. BIDEN. If the Senator will yield, important to note, however, that our they do not usually identify the Amer- that is correct. Not only did I ask that, committee did not interview Mr. ican; is that how it usually works? but the chairman of the committee Bolton, so I am unable to answer di- Mr. BIDEN. Let me restate in my asked that, and it was resolved that we rectly the question of why he—Mr. own words, so the Senator from Mary- were not asking it to be made public, Bolton—felt it necessary for him—Mr. land understands. Let’s assume there is we were not asking those names to nec- Bolton—to have the identity informa- the country of Xanadu and an Amer- essarily be made available to the whole tion—that is, the name of the Ameri- ican is meeting with the President of Foreign Relations Committee, al- cans—in order to better understand the Xanadu. In all probability, an Amer- though that was the chairman’s pref- foreign intelligence contained in the ican official is meeting with the Presi- erence, and ultimately the chairman report. Furthermore, based on the in- dent of Xanadu. The National Security concluded it should not even be pro- formation available to me—the vice Agency—with the ability to intercept vided directly to me or the chairman, chairman of the Intelligence Com- conversations by multiple methods— but it should be made available to the mittee—I do not have a complete un- picks up a conversation, or somebody’s chairman of the Senate Intelligence derstanding of Mr. Bolton’s handling of report of a conversation, between an Committee and the ranking member or the identity information after he re- American and the President of Xanadu. vice chairman of the Senate Intel- ceived it. That gets reported back, based on sub- ligence Committee, and they should de- Continuing quoting: The com- ject matter, to the appropriate officer cide how our committee would review mittee—the Intelligence Committee— within the State Department or the the information. has learned during its interview of Mr. Defense Department who they feel I think the information should be Frederick Fleitz, Mr. Bolton’s acting should know about this conversation provided to me and to Senator LUGAR, chief of staff, that on at least one occa- because maybe the President said to as well, but the way this was parsed sion Mr. Bolton is alleged to have the American: You know, we have out, it was going to be that the Na- shared the un-minimized identity in- right here in our country 47 al-Qaida tional Security Agency was going to formation he received from the NSA operatives. That should go to the per- come and brief the Senate Intelligence with another individual in the State son who has that responsibility. Committee, of which I am no longer a Department. In this instance, the NSA So a lot of stuff went to Mr. Bolton member, and—I thought—tell them the memorandum forwarding the requested because he is the guy in charge of deal- names of these Americans. I might add identity—meaning the memorandum ing with nonproliferation and other further, the reason for that is, there forwarding the names of the Americans matters. He would get these NSA, Na- are unsubstantiated—I emphasize ‘‘un- to Mr. Bolton—to State/INR—that is tional Security Agency, intercept re- substantiated’’—allegations that Mr. the State Department’s intelligence ports. But in order to protect the iden- Bolton may have been seeking the agency—included the following restric- tity of the American, for privacy rea- names of these Americans to seek ret- tion: ‘‘Request no further action be sons, he would get a statement and it ribution; that it may have been intel- taken on this information without would say: On such and such a date at ligence analysts with whom he dis- prior approval of NSA.’’ such and such a time, the President of agreed or policymakers against whom Continuing to quote the vice chair- Xanadu met with an American. They he was trying to make a case in terms man of Intelligence: discussed the following things. Here is of the direction of American foreign I have confirmed with the NSA that the policy. I do not know that to be the phrase ‘‘no further action’’ includes sharing what they said, here is the conversa- the requested identity of U.S. persons with tion. case. The question is why did he need any individual not authorized by the NSA to That is what I understand to be—I the names. receive the identity. know to be—the way in which NSA Mr. SARBANES. It seems to me a Continuing from the Intelligence intercept reports treat a case involving further question is that if Mr. Bolton Committee vice chairman: went back to get those names for some an American. In addition to being troubled that Mr. Mr. SARBANES. It is my under- reason—he must have had a reason for Bolton may have shared U.S. person identity standing that what Mr. Bolton had re- doing so—why the committee, in decid- information without required NSA approval, quested to know, although it was not ing whether to confirm him, should not I am concerned that the reason for sharing revealed when they initially provided have access to that same information the information was not in keeping with Mr. him the intercepts, was who were the so that we are in a position to ascer- Bolton’s requested justification for the iden- Americans in each of these instances; tain what, if anything, may have been tity in the first place. The identity informa- is that correct? in play by these requests. tion was provided to Mr. Bolton based on the Mr. BIDEN. At least in 10 instances. Mr. BIDEN. If the Senator will yield, stated reason that he needed to know the identity in order to better understand the On 10 different occasions, when he got to the best of my knowledge, there is foreign intelligence contained in the NSA re- access to an NSA intercept that men- absolutely no substantive reason why port. tioned ‘‘an American,’’ Mr. Bolton information that was provided to an According to Mr. Fleitz— went back to NSA, and, as I understand Under Secretary of State down the food Mr. Bolton’s acting chief of staff— it—and I ask to be corrected by my chain, and the Under Secretary of Mr. Bolton used the information he was pro- staff—but as I understand it, Mr. State’s staff, to the best of my knowl- vided in one instance in order to seek out the Bolton has to say to the head of NSA: edge, why the information provided to State Department official mentioned in the I want to know more about this inter- them could not be provided to a Sen- report . . . cept, and I want to know the name of ator who has served 28 years, as the It goes on. But my point is, on the the American in order to better under- Senator has, in the Senate. one case that Senator ROCKEFELLER

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5886 CONGRESSIONAL RECORD — SENATE May 25, 2005 knows of, Mr. Bolton apparently vio- cross-pollination on that committee. Mr. ALLEN. Mr. President, if I may lated the restriction which was im- So there is no reason—the Senator ask the Senator from Delaware how posed upon him when he requested the asked why they would deny it. The much longer he expects to be? information, and used that information Senator’s speculation is as good as Mr. BIDEN. I will be about another 12 for a purpose different than he re- mine. It seems to me they can end this to 15 minutes. quested. thing very quickly. The only request Mr. ALLEN. OK. Having said all of that, even the In- being made is that Senator LUGAR, Mr. BIDEN. Mr. President, while my telligence Committee was not provided Senator ROBERTS, chairman of the In- friend from Maryland is here, I want to the names of the Americans, which is a telligence Committee, Senator ROCKE- point out, first of all, the request is critical issue. FELLER, and I sit down in a room on the very limited. We are looking for the Mr. SARBANES. Would the Senator fourth floor of this building that is to- names in 10 reports. It is totally cir- yield on that point? tally secure, have someone from the cumscribed, the request as relates to Mr. BIDEN. Yes, I will. National Security Agency come in and this issue which you so painstakingly Mr. SARBANES. These are the very say: Here are the 10 intercept reports went through, explaining what it was names that were provided to Mr. and the U.S. person names. that worried everybody—and worries Bolton; is that right? I know more about—I will date my- everybody—about Mr. Bolton and the Mr. BIDEN. And his staff, yes. self—I know more about the PSI of an use of intelligence information, even Mr. SARBANES. And his staff? SS–18 Soviet silo, which is highly clas- after he has been proscribed, prevented, Mr. BIDEN. And his staff. sified information. Why am I not able from being able to speak without clear- Mr. SARBANES. But there is a re- to get information in the execution of ance, which is—you and I have been fusal to provide them to the committee my responsibilities under the Constitu- here a long time—fairly remarkable. which now has to make a judgment as tion that is available to a staff member That may have happened to other peo- to whether Mr. Bolton should be con- of an Under Secretary of State? Mem- ple in the State Department. I can’t re- firmed to be the American ambassador bers can guess for themselves. I do not call it happening. to the United Nations? know why. I know it is just not appro- Mr. SARBANES. If the Senator will Mr. BIDEN. If the Senator would priate. yield, this is an Under Secretary of yield, not only a refusal to provide Mr. SARBANES. I thank the Senator State. This is like the No. 4 person in them to our committee that has that for yielding. I just underscore this the Department. responsibility, refusal to provide them raises, I think, very fundamental and Mr. BIDEN. That’s right. Now, after even to the Intelligence Committee difficult questions about how we are that occurs, or in the process of this that is once removed from this proc- supposed to carry out our responsibil- occurring, Mr. Bolton’s Chief of Staff ess—the same information that was ities, in terms of advice and consent, if contacts the CIA on a disputed issue made available to one of several Under we are not allowed to get what appears about what can be said, and says—I Secretaries in the State Department to be relevant information or what don’t know if you were here when I and his staff. might well be relevant information. said this. To tell you the truth, I Mr. SARBANES. Well, what ration- The request is fairly limited, as I un- thought I knew all this, but I was sur- ale is advanced, if any, for this back- derstand it, in terms of what is being prised when my staff pointed this out. handed treatment of the institutions of sought. It seems to me that informa- Mr. Bolton’s acting Chief of Staff said the Senate, these two important com- tion ought to be provided to the Sen- Mr. Bolton wanted to make a state- mittees, the Intelligence Committee ate, or the appropriate agents or or- ment on Cuba, and they didn’t want to and the Foreign Relations Committee, gans of the Senate, in order to put us let him make that statement. both of which are trying to conduct into a position to at least address that Mr. Bolton’s staff gets back to the due diligence on this nominee? aspect of this situation. CIA and says: Several heavy hitters are I might say to my colleague, I re- involved in this one, and they may There are many other aspects of the member when we held the nomination choose to push ahead over your objec- Bolton situation that I want to speak hearings for John Negroponte and tions and the objections of INR, unless to later. But this one, it seems to me, Richard Holbrooke. That investigation there is serious source and method con- is clearly an instance in which we are went over an extended period of time cerned. simply being blocked or frustrated and probed very deeply. The end result, Remember, going back to our discus- from having information which is im- of course, was that questions that had sions? portant to us carrying out our task, been raised were answered satisfac- Mr. SARBANES. Yes. torily, and the body was able to come and is in such contrast with the inquir- Mr. BIDEN. Then he, this staff mem- to a consensus about those nominees. ies that were made about other nomi- ber, goes and contacts the CIA and I cannot think of a rationale that can nees to be U.S. Ambassadors to the says: You know, we would like to be offered that would warrant a with- United Nations. Of course, I mentioned change the ground rules. We can say holding of this information. two of those. The inquiries there went the intelligence community thinks the Mr. BIDEN. There is no institutional, over quite a sustained period of time. following, even if you disagree. We constitutional, or previously asserted We heard these complaints that don’t have to clear it with you. The rationale that has been offered in deny- Bolton is being held up. His nomina- only thing we have to clear with you is ing access of the Intelligence Com- tion only came to us in March, I be- whether or not we are exposing a mittee or, for that matter, the Foreign lieve, of this year—March. Ambassador source or a method. Let’s have that Relations Committee chairman and Holbrooke was nominated in June of new deal. ranking member to this information. I 1998. He was finally confirmed in Au- Mr. SARBANES. Of course, that rep- do not remember the exact quote. It gust of 1999. In the interim, these ex- resented a sharp departure from pre- may apply to the information we are tensive investigations were run. I do vious practice. seeking on Syria—I am not sure—say- not have the exact dates on Ambas- Mr. BIDEN. A complete departure. ing that they did not think it was rel- sador Negroponte, but I know that pe- But the point I am trying to make is evant, but I do not recall. riod of time extended well beyond what he keeps pushing the envelope, he I say to my friend from Maryland, is already involved with respect to keeps pushing the envelope. there was no assertion on the part of John Bolton. Mr. SARBANES. I take it, if the Sen- the NSA, that I am aware of, that as- Mr. BIDEN. If the Senator will yield, ator will yield—I take it this is of such serted that it was executive privilege I think Negroponte was nominated in importance now because we are dealing or even that it was extremely sen- May and confirmed in September. with this problem as to whether intel- sitive. We have access to incredibly Mr. SARBANES. Well, there you are. ligence is being misused. sensitive information. That is the rea- That underscores the point I am trying Mr. BIDEN. Yes. son we have an Intelligence Com- to make. Mr. SARBANES. Decisions are being mittee. That is the reason we on the I thank the Senator for yielding. made by policymakers that reflect Foreign Relations Committee have Mr. BIDEN. Let me continue. their policy attitude—

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5887 Mr. BIDEN. Right. And then the No. 2 man at the State CIA types, the INR types, to come into Mr. SARBANES. Not substantiated Department, a former military man his office—he calls them into his office, or backed up by the findings of the in- himself, says: By the way Mr. Bolton, and I guess he got called away and telligence community. We have been no more speeches by you unless I sign could not attend. But his staff says: through this issue. It seems to me a off on them. The boss wants to make it clear there critically important issue. Now we are going to take this guy, are only two things he wants to hear Mr. BIDEN. Right. I would argue it is we are going to send him to the single from you. If he wants to say the Moon being pushed by a person whom every- most important ambassadorial spot in is made of green cheese, the only thing one would acknowledge is an ideologue, all of America’s interests, and to make he wants to hear from you is: You can- or at least confirmed in what his views us feel confident, the Secretary of not say that because you will give are and who seeks facts to sustain his State says: Don’t worry, we will super- away the fact that we have eyes. We opinion. vise him. have a source and a method that we do Look, the big difference, I say to my Come on. not want to release. Or he wants to friend from Maryland, is that every Mr. SARBANES. Will the Senator hear from you how we can bolster the time he tried to do that, repeatedly yield on one other point I would like to argument that the Moon is made of tried to do that in his job, his present make? green cheese. But he does not want to job—every time he tried to push the Mr. BIDEN. Please. hear from you if he is wrong. He does envelope, every time he tried to intimi- Mr. SARBANES. First of all, I want not want to hear from you if you do date, fire, cajole an intelligence officer to pay tribute to the intelligence ana- not believe the Moon is made of green to change his reading to comport with lysts and their superiors who stood up cheese. That is none of your business. his prejudice, there was somebody to this pressure to which the Senator has referred. They were put in an ex- He does not want to hear that. there to intervene to stop him beyond Look, I don’t know how you define an the intelligence officer. There was the tremely difficult situation, and they performed admirably. ‘‘ideologue.’’ intelligence officer’s boss, the deputy Mr. SARBANES. That is a pretty head of the CIA; the head of INR; the It is asserted by some that no harm resulted from the pressure Mr. Bolton good definition. Deputy Secretary of State, the No. 2 Mr. BIDEN. I think it is pretty close. man; the Secretary of State. That was and his staff were placing on these people because they did not do what Mr. It is like that famous expression in a bad enough. different context of Justice Holmes. He But now where is Bolton going? Bolton wanted them to do. said prejudice is like the pupil of the Bolton is going to be the equivalent of That seems to me to be an upside eye. The more light you shine upon it, the Secretary of State at the U.N. down argument. The fact that they had the tighter it closes. Bolton has, I don’t know how large the the strength to resist this is a tribute to them, but it is certainly no excuse It seems the more information you embassy is, but a very large contingent gave Mr. Bolton that conflicted with of Americans working for him in New for Mr. Bolton and his staff engaging in his predetermined ideological notion, York City—I am told there are about this behavior. And the fact they re- the less he wanted to hear it. If you 150 people there. No one, in that oper- sisted—which is a credit to them—is persisted in giving it to him, which was ation, can control the day-to-day, mo- still a detriment to Mr. Bolton and his your job, he would try to get you fired. ment-to-moment assertions he is mak- staff for engaging in this practice. So the argument that Mr. Bolton and This is not a minor deal. At the very ing. No one can say: You cannot do moment when whoever we have as our that, John. He’s his own boss. his staff did not succeed in their efforts ambassador to the United Nations is Now there is only one person who can does not absolve them of responsibility going to be the man, unfortunately, or do that. Well, the President can always for having tried. do that. There is only one other person Mr. BIDEN. It is as though I try to woman, who will have to stand up be- who can do that, and that is the Sec- rob a bank and it turns out they fore the whole world and say, We have retary of State. shipped all the money out and there evidence that North Korea is about to Go back to the comment our friend was no money there. I walk out and I do the following; or, We have evidence from Ohio made, our Republican friend, get arrested. I say: Wait a minute, no that Iran has pursued their nuclear opin the committee. He said, when he harm, no foul, I didn’t get any money. tion to a point they are violating the spoke to the Secretary of State, she I went in to rob the bank, that is true, NPT—let me ask the Senator, are we said, and I am paraphrasing: Don’t but I didn’t get any money. So what is going to send John Bolton to a place worry. We will control him. Acknowl- the problem? What is the problem? where we have already squandered our edging that even though you are send- Look, I told you about Mr. Bolton’s credibility by saying something that ing this guy up to what has been a Cab- staff, I assume with Mr. Bolton’s au- we did not know, or saying things we inet-level position, another Cabinet- thority, trying to get the intelligence thought we knew that were wrong, are level officer is going to have to control community to change the groundrules. we going to send John Bolton up to be him. I would respectfully suggest our I gave the one example. the guy to make a case relating to our Secretary of State has her hands full as There is a second example. He did not national security? it is, without having to babysit Mr. just do this once. The e-mail I just de- I ask my friend a rhetorical ques- Bolton so he doesn’t get America in scribed was not a one-time event. tion—if, in fact, we fail to convince the trouble—America; I don’t care about Later, Mr. Bolton’s staff informed the Security Council, if we fail to convince John Bolton; I don’t even care about intelligence community they wanted our allies and those with a common in- the U.N. in this regard; I care about to change the rules for the review of terest that a threat exists and they do America. Mr. Bolton’s proposed speeches and to not come along, what are our options? This isn’t complicated. Anybody can have the CIA and the intelligence com- Our options are to do nothing about it figure this out. Everybody acknowl- munity limit their objections only to or to act alone. That is what I mean edges this guy is a loose cannon. Ev- matters related to the source and when I say I am concerned about U.S. erybody acknowledges this guy has methods. They go on, in one meeting interests. done things that, if he were able to do with intelligence analysts—a meeting There is a story I first heard from them unfettered, not overruled, would Mr. Bolton called but he was unable to Zbigniew Brzezinski that I have used have at least raised the ante in the ten- attend at the last minute—his staff in- many times since. The Senator knows sion and the possibility of conflict with formed the assembled analysts that it as well. During the Cuban missile at least Syria and Cuba, among other Mr. Bolton wanted to hear only con- crisis, the very time when Adlai Ste- places. And everybody acknowledges cerns relating to sources and methods venson stood up and said, don’t tell me that he so far stepped out of line in the from them or ideas that would that, we know the President of the State Department that the Republican strengthen his argument. But if his ar- United States, John Kennedy, des- head of the State Department, Colin guments were merely wrong, he did not perately needed—although we could Powell, had to go down to analysts and want to hear about it. have done it alone—desperately needed say, basically: Don’t pay attention to Got that? I am not making this up. the support of the rest of our allies in him. You did the right thing. He, Bolton, calls the meeting of the the world for what we were about to do,

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5888 CONGRESSIONAL RECORD — SENATE May 25, 2005 confront the Soviet Union. And he sent phrases—he referred to Bolton as a of a different party. But do not take former Secretary of State Dean Ach- ‘‘lousy leader.’’ And he told the com- my word for it. Listen to Tom Hub- eson to Paris to meet with then-Presi- mittee that he—Wilkerson had an bard, referred to by the chairman ear- dent Charles de Gaulle. I am told this open-door policy. Some Senators and lier today. Mr. Hubbard is a retired is not an apocryphal story; it is his- others have that policy. They literally Foreign Service Officer whose last post torically accurate. Acheson walked in keep their door open so anyone in the was as Ambassador to South Korea. to the Presidential palace, the Presi- organization can feel free to walk in During our hearing on April 11, Senator dent’s office, and made his case. Then, and say what is on their mind. He said CHAFEE asked Mr. Bolton about a after making his case, allegedly, he his open-door policy—this is the chief speech that Mr. Bolton gave in Seoul, leaned over to pick up the satellite of staff for the Secretary of State—he South Korea, in 2003. photographs to show President de said his open-door policy led to a Let me give you some context. This Gaulle that what he spoke of was abso- steady stream of senior officials who was on the eve of the President’s ini- lutely true, and he had pictures to came into his office to complain about tiative to begin what is referred to as show it. Mr. Bolton’s behavior. the Six-Party Talks: the two Koreas, At that moment, paraphrasing, to Listen to John Wolf, a career Foreign Japan, Russia, the United States, and the best of my knowledge, de Gaulle Service Officer for 35 years, who China—a very delicate moment. Mr. put up his hands and said: You need not worked under Mr. Bolton as the Assist- Bolton has made it clear, in many show me the evidence. I know Presi- ant Secretary of State for Non- speeches he has made, what he thinks dent Kennedy. And I know he could proliferation. Mr. Wolf said that Mr. of Kim Jong Il, and that is not inappro- never tell us anything that could take Bolton blocked an assignment of a man priate. And he has made it pretty clear us to war that wasn’t true. he—Mr. Wolf—described as a ‘‘truly that he rejected the idea proffered by Do you think there is anyone, any- outstanding civil servant,’’ some 9 me, and I believe even by Senator one, anyone—including our own delega- months after that civil servant made LUGAR, and by other Senators here, tion in the United Nations—who would an inadvertent mistake. several years ago that we should talk accept an assertion from John Bolton And Mr. Wolf says that Mr. Bolton to the North Koreans—not negotiate, on the same grounds? asked him to remove two other offi- talk with them—and find out what it Now, my friend, the chairman and cials because of disagreements Mr. would take to make a deal and let others, will argue: Well, Joe, if it is Bolton had over policy, and that Mr. them know what our bottom line was. that critical, he will not be making the Bolton ‘‘tended not to be enthusiastic Mr. Bolton is not the architect of, case. That is probably true. It may be about alternative views.’’ but a disciple of, the policy of con- the Secretary of State making the If that is not a quintessentially State taining and putting the North Korean case, who has great credibility. It may Department, career Foreign Service Of- regime in a position where he thinks if be the President of the United States. ficer phrase: he ‘‘tended not to be en- enough pressure is put on them they But there are a thousand little pieces thusiastic about alternative views.’’ would topple. And we are going back to that lead up to building coalitions that Listen to Will Taft, a man whose when he was making a speech in Seoul, relate to our self-interest, based upon name became known here in the inves- South Korea, in 2003, on the eve of the an ambassador privately sitting with tigations relating to Abu Ghraib and first Six-Party Talks. another ambassador and assuring him the treaties that were discussed about The speech was filled with inflam- that what he speaks is true. the treatment of prisoners. Mr. Taft matory rhetoric, even though it may This is absolutely the wrong man at served in the State Department as be true, about the North Korean lead- the wrong time for the most important legal adviser under Secretary Powell ership. The result of him having given job in diplomacy that exists right now. during the tenure of Mr. Bolton. And the speech was that the talks were al- Mr. President, I ask my colleagues, is before that, he was general counsel in most scuttled. John Bolton a man in the tradition of two other Government Departments, as Mr. Bolton, in reply to Senator Adlai Stevenson or Jack Danforth or well as Deputy Secretary of Defense, CHAFEE of our committee regarding any number of people I can name? and formerly an ambassador to that speech, said: There is a third reason to oppose Mr. NATO—significant positions. I can tell you [Senator] what our Ambas- Bolton. Mr. Taft told our committee he had sador to South Korea, Tom Hubbard, said This is one that has animated the in- to take the extraordinary step of going after the speech. terest and concern of my friend from to his boss—Mr. Taft’s boss—to rein in Meaning his speech. Ohio even more than it has me; and Mr. Bolton after Bolton refused to He said [to me], ‘‘Thanks a lot for that that is, that Mr. Bolton engages in work with the State Department attor- speech, John. It’ll help us a lot out here.’’ abusive treatment of colleagues in the ney on a lawsuit in which the State De- Got this, now: He makes what is State Department, and he exercises fre- partment was a defendant. termed an inflammatory speech. He is quent lapses of judgment in dealing This resulted—I will skip a little bit asked: Wasn’t that inflammatory, and with them. here—this incident caused the Deputy didn’t that cause us real trouble in pur- Again, do not take my word for it. Secretary of State, Mr. Armitage, to suing the foreign policy objectives of Carl Ford, the former Assistant Sec- write to Mr. Bolton a memo reminding the President to get these talks under- retary of State for Intelligence, de- him that the rules applied to him, as way? And Bolton, in effect, says: No. scribed Mr. Bolton—and I am using well as others in the State Depart- And then the Senator, in effect, says: Carl Ford’s colorful language, I guess it ment, and that he was required—Mr. Well, didn’t our Ambassador to South is an Arkansas expression; he is from Bolton was required—to work with Korea think it was damaging? And he Arkansas—he said Mr. Bolton is a State Department lawyers. says: No. He not only didn’t think it ‘‘quintessential kiss-up, kick down There is a fourth reason, beyond his was damaging, he said to me: ‘‘Thanks kind of guy.’’ treatment of individuals—and I could a lot for that speech, John. It’ll help us He also objected, Mr. Ford did, in go on for another hour citing examples a lot out here.’’ strong terms, to the treatment of one of his alleged mistreatment of subordi- Now, you would draw from that ex- of his subordinates, Mr. Westermann. nates and colleagues at the State De- change that this speech was totally He said: partment and in other endeavors— consistent with the administration’s Secretary Bolton chose to reach five or six there is a fourth reason that, all by policy, that it was something that was levels below him in the bureaucracy, bring itself, would justify Mr. Bolton not helpful, and that Bolton was doing a an analyst into his office, and give him a being confirmed; and that is, Mr. good job. tongue lashing. . . . he was so far over the Bolton gave testimony to the Foreign Now, we didn’t call Ambassador Hub- line that [it’s] one of the sort of memorable Relations Committee under oath that bard. I may be mistaken, but I think moments in my 30-plus year career. at best was misleading. the Republican majority staff got a Listen to Larry Wilkerson, Secretary Again, do not take my word for it. It call from Mr. Hubbard, the former am- Powell’s chief of staff, who referred to is true that I think Mr. Bolton should bassador to South Korea, who I guess Mr. Bolton—I am not making up these not go to the United Nations, and I am saw this on C–SPAN. I don’t know what

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5889 exactly prompted it. Maybe he read it more, there are not many jobs left for dent had taken another look at this in the newspaper. And he says: I want you. This guy’s expertise was dealing and found us someone—I am not being to talk to you guys. And in an inter- with chemical and biological weapons. facetious and I am not the first one to view which was totally appropriate, Mr. Bolton wanted him taken off the say this, I say to my friend from Vir- without minority staff there, he paints case. ginia, the single best guy we could send a very different story, accurately re- As a lawyer, Mr. Bolton surely knows to the United Nations right now at this ported by the majority staff. that civil servants have job protections critical moment is former President Ambassador Hubbard remembers that and can’t be readily fired. By asking Bush. I cannot think of anybody better. little exchange about the Bolton 2003 repeatedly that this man be moved He would get absolutely unanimous speech on the eve of the Six-Party from his established area of expertise, support on this side of the aisle. Talks quite differently. The day after he was endangering the man’s career Mr. Bolton is no George Herbert the committee hearing, Hubbard volun- and sending a message of intimidation Walker Bush. I guess not many people tarily contacted the committee to that was heard loud and clear through- are. But this guy should not be going make clear that he disagreed at the out the Intelligence and Research Bu- to the U.N. time with the tone of the speech and reau. Mr. Bolton did not have the hon- I yield the floor. thought the speech was unhelpful to esty or the courage to admit that fact The PRESIDING OFFICER (Mr. MAR- the negotiating process and—this is the to the Foreign Relations Committee. TINEZ). The Senator from Virginia is important part—and that he, Bolton, Where is this straight talker we hear recognized. surely knew that, that I, Hubbard, so much about? Mr. WARNER. Mr. President, in the thought it was unhelpful and was dam- The President has said that in his years I have been privileged to serve in aging. second term, one of his priorities is ‘‘to this Chamber, I have so thoroughly en- Hubbard then told the Los Angeles defend our security and spread freedom joyed working with my good friend Times that although he had talked to by building effective multinational and from Delaware. We have done a lot of Mr. Bolton and thanked him for remov- multilateral institutions and sup- things together. I listened carefully to ing from his speech some of the attacks porting effective multilateral action.’’ his framework and remarks. I respect- on South Korea. Remember this now, If this is a serious objective, he sure is fully disagree, and I will so state my the speech was about North Korea. The sending the wrong man to put together reasons momentarily. only thing the ambassador was able to these kinds of coalitions. But I wondered if we could discuss for convince Bolton to do was take out It is manifestly not in our interest to a few minutes the following. Before we some of the stuff that attacked our send John Bolton to the United Na- start, I think it would be advisable for ally South Korea, whom, I might note tions. both sides to have from the Presiding parenthetically, if, God forbid, there is It is not in our interest to have a per- Officer the time remaining on both a war, we need on our side. We have son who is ‘‘a lousy leader’’ in charge sides for the record, so Senators listen- 30,000 American troops there. Bolton is of a mission of 150 professionals who ing will have an idea. making a speech characterized as an need leadership. The PRESIDING OFFICER. The ma- inflammatory speech about North It is not in our national interest to jority has 116 minutes remaining of Korea and is going to attack our ally have a conservative ideologue who time, and the minority has 64 minutes. South Korea, as well. doesn’t listen to others trying to re- Mr. WARNER. I thank the Chair. And our ambassador says: Please build frayed alliances at the United Na- Mr. BIDEN. Parliamentary inquiry: don’t do that stuff about South Korea. tions. Is that for today? And so Hubbard says: It is true. I It is not in our national interest to The PRESIDING OFFICER. Yes. thanked him for removing some of the have a man with a reputation as a Mr. BIDEN. And there is additional attacks he was about to make on bully trying to construct coalitions time tomorrow, is that correct? South Korea. necessary to achieve U.N. reform. The PRESIDING OFFICER. That is Then he went on to say, but ‘‘it’s a It is not in our interest to have some- correct. gross exaggeration to elevate that one with a reputation for taking Mr. BIDEN. I thank the Chair. [statement] to praise for the entire factoids out of context, exaggerating Mr. WARNER. Mr. President, to my speech and approval of it.’’ intelligence information, as our good friend from Delaware, one of the I don’t know how you can comport spokesman in New York during the cri- interesting aspects of what has oc- how those two statements work out. ses to come with Iran and North Korea, curred in the Senate over the last week Bolton saying: Remember that the am- when we will have to convince the or so is an impetus to go back and do bassador said, thanks a lot for that world to take action to stop nuclear a lot of historical research. I went back speech, John. It helps us a lot out here. weapons programs. and looked at the Articles of Confed- And the ambassador is saying that Mr. Is this the best the President of the eration and the Founding Fathers and Bolton knows better. That is a gross United States can do? Is this the best what they had to say about this provi- exaggeration. among the many tough-minded, articu- sion of advise and consent in the Con- In other testimony, Mr. Bolton fre- late, conservative Republican foreign stitution. quently tried to claim he had not policy experts? It is interesting. I was very taken sought to fire or discipline the INR in- The record presented by the Foreign aback with how they went about modi- telligence analyst, Mr. Westermann. Relations Committee is clear. The doc- fying. If the Senator and others will in- He said: uments we have uncovered; the inter- dulge me, I would like to discuss that I never sought to have [him] fired. views with those who had to pick up for a moment or two because I think it the pieces at INR and CIA, in the office poses a question I would like to put to He later said: of the Secretary of State, and in South my good friend. That begins at this I, in no sense, sought to have any dis- Korea; the testimony of former Assist- juncture. cipline imposed on Mr. Westermann. ant Secretary of State Carl Ford, a You may ask why it is particularly And finally, he said: conservative Republican; all of this appropriate for the Senate to be in ex- I didn’t try to have Mr. Westermann re- record has given us clear warning that ecutive session today, because on this moved. Mr. Bolton is the wrong man for this day in 1787, 218 years ago, our Founding This is incredibly disingenuous. It is job. Fathers of the United States Constitu- just not true. The record is clear that Mr. Bolton’s nomination is not—I tion first reached a quorum so that the Bolton sought on three occasions that I emphasize ‘‘not’’—in the interest of the Constitutional Convention could draft referenced earlier to have Mr. United States of America. I don’t know our Constitution and they could pro- Westermann removed from his position that I have ever said this before on the ceed. It took several years to get it and given another portfolio. And by the floor, but I believe that if this were a done. George Washington had been way, you don’t get another portfolio. If secret ballot, Mr. Bolton would not get calling for such a convention for years, the only job you do in a restaurant is 40 votes in the Senate. I believe the but it was not until this day, 218 years cook and they say you can’t cook any- President knows that. I wish the Presi- ago, that the convention finally began.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5890 CONGRESSIONAL RECORD — SENATE May 25, 2005 From May 25, 1787, straight through tion, is given greater latitude in select- that the Founders decided—this is the the summer, 55 individuals gathered in ing individuals to serve in the execu- only reason this got resolved—that the Philadelphia to write our Constitution. tive branch of Government. This is in great State of Virginia with, I think, It was a hot summer, with long and ar- recognition of the fact that the Con- the first or second largest population duous debate, and many drafts went stitution treats Senate-confirmed exec- at the time, could only have two Sen- back and forth. Careful consideration utive branch nominees far differently ators, and the small State of Delaware was given. Finally, in mid-September, than Senate-confirmed judges. would have two Senators. That was the it was over. It was a monumental In contrast to Federal judicial nomi- Connecticut Compromise. That is what achievement, one that would enable nees who, once confirmed under the it was about. the United States today, 200-plus years Constitution, serve a lifetime appoint- The reason it came about was that is later, to become the oldest, continu- ment in the third branch of Govern- they wanted to make sure that the mi- ously surviving republic form of Gov- ment, independent of the President, ex- nority would be able to be protected. ernment on Earth today. ecutive branch nominees serve under He used the phrase—and I compliment I mention all this because one of the the President solely at the pleasure of and associate myself with my friend key compromises our Founding Fa- the President. That phrase, ‘‘at the from Virginia; I know that is not why thers made throughout the Constitu- pleasure of the President,’’ is para- he sought recognition and why he tional Convention was with respect to mount. This time-honored phrase, ‘‘at asked the question, but what he did the advise and consent clause. Our the pleasure of the President,’’ has yesterday with Senator BYRD is what Framers labored extensively over this been used by Presidents throughout Alexander Hamilton was talking section of the Constitution, deferring American history to show the Amer- about—Alexander Hamilton in Fed- final resolution of the clause for sev- ican people that the President is the eralist 76 used the following phrase in eral months. Some of the Framers ar- final arbiter of accountability for exec- rebutting the argument that the Presi- gued that the President should have utive nominees. dent would be able to pressure the Sen- total authority to appoint. Others I say that because I have fought hard ate. He said there will always be a suf- thought both the House of Representa- here recently to deal with this question ficient number of men of rectitude to tives and the Senate should be involved of the judicial nominees, along with prevent that from happening. The Sen- in the process. Ultimately, a plan that some others. I am not here to seek ator from Virginia demonstrated yes- was put forth by James Madison—if I whether we did right or wrong; history terday that there always is a sufficient may say proudly—of Virginia, won the will judge that. But it was a magnifi- number of men of rectitude—he and day, where the President would nomi- cent experience to go back and study Senator BYRD—in averting a showdown nate judges and executive nominees, the process and listen to many schol- that may have literally, not figu- and the Senate would reject or confirm arly people and to read extensively. ratively—— them. But it is clear to me there is a dif- Mr. WARNER. Together with 14 in In Federalist Paper No. 76, in 1788, ference between the judicial nominee total. Alexander Hamilton explains in detail who goes for life on the third inde- Mr. BIDEN. It is true. exactly why this compromise was so pendent branch—independent of Con- Mr. WARNER. Coequal. important. Let me read a portion of gress and the executive branch—and Mr. BIDEN. The Senator from Vir- Hamilton’s quote: the President’s right to select those in- ginia, Mr. WARNER, and Senator BYRD It has been observed in a former paper that dividuals who he, together with his fel- were the catalyst that came along and ‘‘the true test of a good government is its ap- low Cabinet officers and others in the rescued something that had been attitude and tendency to produce a good ad- administration, feels are best suited to tempted and written off, at least by the ministration.’’ If the justness of this obser- do the job. Would you agree there is a six Democrats with whom I had been vation be admitted, the mode of appointing difference in that? I yield for the pur- talking, as failed until the two of them the offices of the United States contained in pose of answering the question. came along. This in no way is to deni- the foregoing clauses must, when examined, Mr. BIDEN. Mr. President, I will an- grate the significant efforts of the oth- be allowed to be entitled to particular commendation. It is not easy to conceive a plan swer the question. Let me say to my ers. better calculated than this to promote a ju- friend that regarding Federalist No. 76, Mr. WARNER. The leadership of Sen- dicious choice of men for filling the offices of I suffer from teaching the subject. For ators MCCAIN, BEN NELSON, and every- the Union. the last 16 years, I have taught a body else. I presume he wasn’t looking into the course in the separation of powers. I Mr. BIDEN. The reason I say this is future, so I will add ‘‘women.’’ wrote a treatise, an entire book, on that, in the debates in the Constitu- Today, this great compromise can be this subject. There is another phrase in tional Convention on this nominating found, unmodified, in article II, section Federalist No. 76 the Senator didn’t process, on three occasions I believe it 2 of the Constitution. This section of read that I think is appropriate to was Governor Wilson of Pennsylvania— the Constitution reads in part as fol- mention. I am not positive of that—proposed a lows: Federalist No. 76 was about the motion that the President of the The President shall nominate, and by and issue—remember, the Federalist Papers United States should have the power with the Advice and Consent of the Senate, were trying to convince a public that alone to appoint his Cabinet and infe- shall appoint . . . public Ministers and Con- didn’t have a television set or a radio rior officers in the court. It never got, suls, Judges of the supreme Court, and all that their legislative body should rat- to the best of my knowledge, more other Officers of the United States. . . . ify the Constitution. It was sort of than seven votes. The only consider- Thus, the Constitution provides a pamphleteering. That is what they ation that almost passed twice was role for both the President and the were doing. They were taking argu- that only the Senate, without the Senate in this process. The President ments against the Constitution and President even in on the deal, could has the responsibility to nominate, and framing them, setting them up, knock- make those appointments. If we look the Senate has the responsibility to ing them down, and making the case. at the constitutional history, the render advice and consent on the nomi- The issue in Federalist No. 76 was President was an afterthought in the nation. whether the President would have nominating process. That is what While article II, section 2 of the Con- undue influence on the Senate. Would Madison’s notes show. That is what the stitution doesn’t explicitly make a dis- he not be able to pressure the Senate history of the debate in the State legis- tinction between the Senate’s role with because he was chief executive officer? lative bodies shows. respect to executive branch nominees Hamilton said: Don’t worry about that. So here we are, the Connecticut Com- and judicial nominees of the other He went on to explain that there could promise comes along guaranteeing that branch of Government, the tradition of be no better system than the one that small States will be able to have an im- the Senate, in recognition of the Con- was arrived at. pact on these choices, but go back and stitution, dictates otherwise. The compromise he is talking about, look, and I think it is Federalist 77—do Traditionally, a President, especially by the way, is the Connecticut Com- not hold me to that—but it is Hamil- after taking office following an elec- promise. It was not until shortly before ton’s treatise on why there was a need

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5891 to have the Senate involved in choos- friend from Delaware speaks as a mat- in the private sector. Most recently, he ing not only judges but appointments ter of clear conscience—I speak as a has served for the past 4 years as the to the Federal Government. There was matter of clear conscience. Under Secretary of State for Arms the fear that what happened in the Mr. BIDEN. If the Senator will yield, Control and International Security Af- British Parliament would be repeated; I am confident that is true about the fairs. In that capacity, Secretary that, in fact, the King and the leaders Senator. Bolton worked to build a coalition of of the majority would appoint incom- Mr. WARNER. Correct, and we have a over 60 countries to help combat the petent people, such as their brothers- difference of views as it relates to our spread of weapons of mass destruction in-law, their friends, to be surrounding conscience. through the Proliferation Security Ini- them in their Cabinets, in the lesser of- Mr. BIDEN. If the Senator will yield, tiative, PSI. He was a leader in cre- fices of the Federal Government. I respect that difference. ating the G–8 Global Partnership, So it was a genuine concern and a Mr. WARNER. I thank my friend. I which invited other nations to support clear understanding—I think the would also go back to Federalist 76 and the Nunn-Lugar nuclear threat reduc- phrase in Federalist 76 is; this is off the read the following provision dated tion concept. As a result, many other top of my head—if by this we are lim- Tuesday, April 1, 1788, author Alex- nations are now participating with the iting the President, so be it; that is our ander Hamilton: United States in helping to eliminate intention. The President is ‘‘to nominate, and, by and and safeguard dangerous weapons and To the specific question, yes, there is with the advice and consent of the Senate, to technologies which remain in the coun- more deference given to the President appoint ambassadors, other public ministers tries of the former Soviet Union. of the United States in the appoint- and consuls, judges of the Supreme Court, Previously, John Bolton has served ment of his Cabinet than there is to his and other officers of the United States whose as Assistant Secretary of State for appointments are not otherwise provided for appointments to the Supreme Court, International Organization Affairs, as in the Constitution. But the Congress may an Assistant Attorney General in the district court, any lower court, or any by law vest the appointment of such inferior Department of Justice, and many years other appointed office in the Govern- offices as they think proper in the President ago he held several senior positions in ment. But the single exception that alone, or in the courts of law, or in the heads the Agency for International Develop- was intended by the Framers, if you of departments. The President shall have the power to fill up all vacancies which may hap- ment. He has also had a distinguished read what they said, in terms of even legal career in the private sector. appointing those around him, if the pen during the recess of the Senate, by granting commissions. . . . It is no secret that Mr. Bolton has at persons he would pick, notwith- times advocated or represented posi- standing that they would reflect the This is the operative paragraph to which I wish to refer: tions which have sparked controversy. President’s political views, if the ap- He has done so with a frankness and as- pointment inures to the detriment of It has been observed in a former paper that sertiveness that demonstrate his the United States, they should be op- ‘‘the true test of a good government is its ap- titude and tendency to produce a good ad- strongly held beliefs. As the Senate posed. considers this nomination, we should There have not been many occasions ministration.’’ I said that. keep in mind the words of Secretary when I have opposed nominees to the Rice. She stated: If the justness of this observation be ad- President’s Cabinet or Cabinet-level The President and I have asked John mitted, the mode of appointing the officers positions, and I imagine there have not Bolton to do this work because he knows of the United States contained in the fore- been many my friend from Virginia has how to get things done. He is a tough-minded going clauses, must, when examined, be al- diplomat, he has a strong record of success opposed. But I opposed two in the Clin- lowed to be entitled to particular com- and he has a proven track record of effective ton administration. I opposed one in mendation. It is not easy to conceive a plan the Carter administration. I think I op- multilateralism. Secretary Rice concluded better calculated than this to promote a ju- her remarks by saying, and I quote again: posed two in the Reagan administra- dicious choice of men for filling the offices of John, you have my confidence and that of tion. In each case, my opposition—and the Union; and it will not need proof, that on the President. this would be only the second one I this point must essentially depend the character of its administration. Given the enormity of problems fac- have opposed in this administration—is ing the U.N. today, we have an obliga- Mr. President, our distinguished because the appointment of that indi- tion to send a strong-minded individual President has served in office 4 years. vidual, notwithstanding the fact that to help constructively to solve these He was reelected with a clarity by the he or she is the choice of the President, problems and to build the confidence of votes. He is now putting together his would have the effect of negatively af- the American people in the U.N. fecting the standing, security, or well- administration for these coming years. I share the President’s and the Sec- being of the United States. The nomination of John Bolton, with retary’s belief that John Bolton will So there are exceptions, and I would whom I have had considerable experi- enthusiastically advance the Presi- argue Mr. Bolton, as my friend from ence in work, in whom I have a strong dent’s goal of making the United Na- Ohio, I suspect, is going to make a sense of confidence—he has chosen this tions a stronger, more effective inter- compelling case, falls into the category individual, I might say by and with the national organization. of, yes, the President gets who he consent of his Secretary of State, a I urge my colleagues to support this wants, unless the appointment of that very able and most credible individual, nomination and to send Mr. Bolton to person would inure to the detriment of in my experience, in working with the the U.N. to represent our Nation and to the United States. distinguished current Secretary of advance the President’s agenda of re- That is the central point I am trying State. form. Such reform is necessary to re- to make. I understand my friend does The President, together with his store American confidence in the U.N. not agree with me, but I honestly be- principal Cabinet officers, has put to- and to ensure that the U.N. will remain lieve Mr. Bolton going to the U.N. will gether an extraordinary national secu- a vital and respected international or- inure to the detriment of the United rity team. John Bolton will be a valu- ganization in the years to come. States, notwithstanding the Presi- able addition to this team. Mr. President, I ask unanimous con- dent’s judgment that it would not do The President and his Secretary of sent to print in the RECORD two arti- that. State, Condoleezza Rice, have been cles from the New York Times and the Mr. WARNER. Mr. President, I thank clear in their belief that John Bolton Washington Post with regard to the my colleague for the colloquy. We did has the experience and skills to rep- Bolton nomination. settle clearly that greater latitude is resent the United States at the United There being no objection, the mate- given to the President. Nations and to carry out the Presi- rial was ordered to be printed in the Mr. BIDEN. That is right; I acknowl- dent’s priorities to strengthen and re- RECORD, as follows: edge that. form the United Nations. I agree with [From the New York Times, May 11, 2005] Mr. WARNER. And the Senator from the confidence they place in this nomi- THE BEST MAN FOR THE JOB Virginia does not infer that latitude is nee. (By James A. Baker III and Edwin Meese III) a rubberstamp, that everyone goes John Bolton has had a long and dis- The image that critics are painting of John through. Clearly—and I know my good tinguished career in public service and Bolton, President Bush’s nominee to be our

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5892 CONGRESSIONAL RECORD — SENATE May 25, 2005 representative at the United Nations, does Nations lest it see its moral stature dimin- tions, it’s time we were represented by some- not bear the slightest resemblance to the ished and its possibilities squandered, we one with the guts to demand reform and to man we have known and worked with for a need our permanent representative to be a see that whatever changes result are more quarter-century. person of political vision, intellectual power than window dressing. While we cannot speak to the truthfulness and personal integrity. John Bolton is just It is clear that the future of the United Na- of the specific allegations by his former col- that person. tions and the U.S. role within that organiza- leagues, we can speak to what we know. And tion are uncertain. Who better to dem- during our time with Mr. Bolton at the Jus- [From the Washington Post, April 24, 2005] onstrate to the member states that the tice and State Departments, we never knew BLUNT BUT EFFECTIVE United States is serious about reform? Who better to speak for all Americans dedicated of any instance in which he abused or be- (By Lawrence S. Eagleburger) rated anyone he worked with. Nor was his to a healthy United Nations that will fulfill loyalty to us or to the presidents we served President Bush’s nomination of John the dreams of its founders? Bolton as U.S. ambassador to the United Na- ever questioned. And we never knew of an in- Mr. WARNER. I suggest the absence stance in which he distorted factual evidence tions has generated a bad case of dyspepsia among a number of senators, who keep put- of a quorum. to make it fit political ends. The PRESIDING OFFICER (Mr. At the heart of the claims made by Mr. ting off a confirmation vote. That hesitation COBURN). THE CLERK WILL CALL THE Bolton’s critics is the charge that he was im- is now portrayed as a consequence of perious to those beneath him and duplicitous Bolton’s purported ‘‘mistreatment’’ of sev- ROLL. to those above. The implication is that Mr. eral State Department intelligence analysts. The bill clerk proceeded to call the Bolton saw himself as something of a free But this is a smoke screen. The real reasons roll. agent, guided by nothing more than his own Bolton’s opponents want to derail his nomi- Mr. VOINOVICH. Mr. President, I ask notions of what he thought good policy nation are his oft-repeated criticism of the unanimous consent that the order for might be. Woe be to those who might dare to United Nations and other international orga- the quorum call be rescinded. disagree, according to these critics, be they nizations, his rejection of the arguments of The PRESIDING OFFICER. Without lower-level analysts or cabinet members. those who ignore or excuse the inexcusable objection, it is so ordered. In our experience, nothing could be further (i.e., the election of Sudan to the U.N. Mr. VOINOVICH. Mr. President, I re- from the truth. John Bolton was as loyal as Human Rights Commission) and his willingness to express himself with the bark off. cently sent my colleagues a letter re- he was talented. To put it bluntly, he knew garding the nomination of John his place and he took direction. As cabinet As to the charge that Bolton has been members, we took our direction from our tough on subordinates, I can say only that in Bolton. I realize that they are all busy presidents, and Mr. Bolton was faithful to more than a decade of association with him and likely they have not had an oppor- his obligations as a presidential appointee on in the State Department I never saw or tunity to read the letter. I will begin our respective teams. In his service as assist- heard anything to support such a charge. Nor my remarks today by reading the let- ant attorney general and assistant secretary do I see anything wrong with challenging inter to my colleagues so that it will be telligence analysts on their findings. They of state, we had complete confidence in a part of the RECORD. can, as recent history demonstrates, make him—and that confidence turned out to have Dear colleague: Throughout my time in been well placed. In our view he would be no mistakes. And they must be prepared to defend their findings under intense ques- the Senate, I have been hesitant to push my different in fulfilling his duties as our United views on my colleagues. However, I feel com- tioning. If John pushed too hard or dressed Nations ambassador. pelled to share my deep concerns with the down subordinates, he deserves criticism, In any administration there are going to nomination of John Bolton to be Ambas- but it hardly merits a vote against confirma- be disagreements over process and policy, sador to the United Nations. I strongly feel tion when balanced against his many accom- both in formulation and execution. It is not that the importance of this nomination to plishments. uncommon to have battle lines within any our foreign policy requires us to set aside On Dec. 16, 1991, I spoke to the U.N. Gen- administration drawn between idealists and our partisan agenda and let our consciences eral Assembly on behalf of the United pragmatists. But what has made John Bolton and our shared commitment to our nation’s States, calling on the member states to reso successful in the posts he has held, and best interests guide us. At a time when the peal the odious Resolution 3379, which equat- what makes him so well suited for the posi- United States strives to fight terrorism glob- ed Zionism with racism. As I said then, the tion at the United Nations, is that he exhib- ally, to build a stable and free Iraq, to find resolution ‘‘labeled as racist the national as- its the best virtues of both idealists and a peaceful resolution to the nuclear ambi- pirations of the one people more victimized pragmatists. tions of Iran and North Korea, to spread de- by racism than any other.’’ That we were Mr. Bolton’s political principles are not mocracy in the place of oppressive regimes, successful in obtaining repeal was largely shaped by circumstances or by appeals to the and to enact needed reforms at the United conventional wisdom. He knows, as Abraham due to John Bolton, who was then assistant Nations, it is imperative that we have the Lincoln once put it, that ‘‘important prin- secretary of state for international organiza- support of our friends and allies internation- ciples may and must be inflexible.’’ He also tions. His moral outrage was clearly evident ally. These strong international relation- knows that those principles often have to be as he brilliantly led and managed the suc- ships must be built upon robust and effective fought for with vigor. cessful U.S. campaign to obtain sufficient public diplomacy. On the other hand, he understands from his votes for repeal. The final vote, 111 to 25, I applaud our President for understanding long experience at the highest levels of gov- speaks volumes for the success of his ‘‘di- this and for his leadership on U.S. public di- ernment that in order to succeed, one has to rect’’ style. plomacy. He and Secretary Rice have taken work with those whose views may differ; he Bolton’s impressive skills were also dem- important steps to reach out to the inter- knows the importance of principled com- onstrated at the time of the Persian Gulf national community and strengthen rela- promise in order to make things happen. War, when he steered a critical series of reso- tionships. A most fitting example was his contribu- lutions supporting our liberation of Kuwait Additionally, I applaud the President’s de- tion, when serving as an assistant secretary through the U.N. Security Council. During cision to appoint Karen Hughes to enhance of state, in getting the United Nations Gen- this period we negotiated some 15 resolutions U.S. public diplomacy at the State Depart- eral Assembly in 1991 to abandon its morally up to and through the removal of Saddam ment and recently to get even the First Lady noxious doctrine that Zionism was a form of Hussein’s forces from Kuwait. Adoption of involved in these important efforts to pro- racism. This took extraordinary diplomatic the key Security Council document, Resolu- mote public diplomacy [and improve the skill, combining the clear articulation of the tion 678, was not a foregone conclusion and world’s opinion of the United States of philosophic position of the United States and faced the possibility of a Chinese veto until America]. his own personal persuasiveness. That this the final vote. While our diplomacy to obtain However, it is my concern that John effort succeeded where earlier efforts had this and other council votes was conducted Bolton’s nomination sends a negative mes- failed came as no surprise to anyone who had on a global scale, Bolton was deeply engaged sage to the world community and con- worked with Mr. Bolton. The power of his in managing this worldwide effort. tradicts the President’s efforts. In these dan- mind and the strength of his convictions These are but two examples of why I be- gerous times, we cannot afford to put at risk make him a most formidable advocate. lieve Bolton possesses the substantial quali- our nation’s ability to successfully wage and These skills have been on display more re- fications necessary to be our ambassador to win the war on terror with a controversial cently in his current position as undersecre- the United Nations. By now it should be ob- and ineffective Ambassador to the United tary of state for arms control and inter- vious to all that the halcyon days when our Nations. I worry that Mr. Bolton could make national security. Not even his detractors advice was sought and our leadership wel- it more difficult for us to achieve the impor- deny, for example, that he was instrumental comed because the security of others de- tant U.N. reforms needed to restore the in building a coalition of 60 countries for pended on the protection we gave are no strength of the institution. I strongly believe President Bush’s Proliferation Security Ini- more. I recognize that John’s willingness to that we need to reform the U.N., make it a tiative to combat the spread of nuclear speak bluntly has raised questions. Perhaps viable institution for world security, and re- weapons technology. there was a time when those concerns had move its anti-Israel bias. However, I ques- At a time when all sides acknowledge that merit—but not now. Given what we all know tion John Bolton’s ability to get this job fundamental reform is needed at the United about the current state of the United Na- done.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5893 I know that you are very busy, but I would drastic change in the attitude of our Havel, told me over dinner that the appreciate it if you would review my edited friends and allies in such organizations United States needs to improve its pub- statement before the Foreign Relations such as NATO and the countries’ lead- lic diplomacy, that we have become Committee as to why I think we can do ers whom we need to rely upon for isolated in too many instances. much better than John Bolton . . . help. If the United States wants to win the In my closing words I stated this: I discovered this personally during a war on terrorism, win the peace in Mr. Chairman, I am not so arrogant to trip I took to London, Serbia, Monte- Iraq, promote freedom globally, and think that I should impose my judgment and negro, and Italy last year, where I met prevent new conflicts, we need to have perspective of the U.S. position in the world with several individuals from various the help of our friends. In order to have community on the rest of my colleagues. We owe it to the President to give Mr. Bolton an international backgrounds and at- the help of our friends we need to have up or down vote on the floor of the U.S. Sen- tended the NATO parliamentary meet- robust public diplomacy. For if we can- ate. My hope is that, on a bipartisan basis, ing in Venice. In London I met with not win over the hearts and minds of we send Mr. Bolton’s nomination to the floor several individuals from the Atlantic the world community, we are not going without recommendation and let the Senate Partnership, chaired by Lord Powell, to be able to create the team that we work its will. who told me that the United States need and our goals will be more dif- I plead with my colleagues in the Senate needed to do something to improve its ficult to achieve. that if this nomination gets to the floor— public diplomacy with countries where Additionally, we will be unable to re- And we are here today— leaders are under a great amount of duce the burdens on our own resources, to consider this decision and its con- pressure. They mentioned Tony Blair, the most important of which is the sequences carefully, to read all the pertinent who has put his neck on the line to lives of the men and women in our material, and to ask themselves several per- support the United States and needed Armed Forces who are leaving their tinent questions: Is John Bolton the best possible person to serve as the lead diplomat the United States to improve its public families every day to serve this coun- to the United Nations? Will he be able to diplomacy to meet the concerns of his try overseas. pursue the needed reforms at the U.N., de- constituency. Now, 1,700 U.S. men and women—over spite his damaged credibility? Will he share We all know that Tony Blair lost a that—have given their lives in Iraq and information with the right individuals, and significant number of parliamentary Afghanistan; over 12,000 have been will he solicit information from the right in- seats because of these concerns. The wounded. dividuals, including his subordinates, so that group emphasized that we needed to do Nothing can compare to the cost of he can make the most informed decisions? Is more in public diplomacy to reach out human lives, but the financial costs of he capable of advancing the President’s and to our friends and allies so that we the conflict in Iraq and Afghanistan the Secretary of State’s efforts to advance our public diplomacy? Does he have the char- could work together to accomplish the are also placing a tremendous human acter, leadership, interpersonal skills, self daunting tasks before us. resources burden on our country. discipline, common decency, and under- In Venice I attended the NATO Par- Weeks ago we passed the $82 billion standing of the chain of command to lead his liamentary Assembly. I could not be- supplemental bill for our operations in team to victory? Will he recognize and seize lieve some of the comments that were Afghanistan and Iraq. I understand opportunities to repair and strengthen rela- being made about the United States— that we will need at least $50 billion tionships, promote peace and uphold democ- from our allies. It was a stark contrast next year. The costs of this war are not racy—as a team—with our fellow nations? to the parliamentary meetings I at- going down anytime soon. I mentioned in my letter the Senate tended in Budapest in 2000, when our We need the help of other countries faces today a very important decision, allies voiced the concern: What about to share the financial burden that is whether to send John Bolton to New this Bush who is running for President? adding to our national debt, and the York to be the next U.S. Ambassador Is he an isolationist? human resource burden that our Armed to the United Nations. I believe we can In Venice I heard their concerns that Forces, National Guardsmen, contrac- do better, and we owe it to the United the United States is very much in- tors, and their families are bearing so States of America, the U.S. State De- volved in international affairs but acts heavily now. The key is public diplo- partment, our soldiers overseas, our unilaterally, without any concern by macy. children, and our grandchildren to do the United States of its allies and As I say, I applaud the President and better than Mr. Bolton. This is not my friends. the Secretary of State for under- opinion alone. The overwhelming opin- I have traveled a great deal in my ca- standing that public diplomacy is an ion of the colleagues I have talked to reer, and I have met with leaders and important objective and beginning this about John Bolton is that he is not an academics in the international commu- new term with an emphasis on repair- ideal nominee; that they are less than nity during previous wars. There has ing relationships. I applaud the Presi- enthusiastic about him and many were never been as drastic a shift in the dent and Secretary Rice for reaching surprised at the decision. Many of my international community’s perception out to our friends in the world commu- colleagues have said that the only rea- as there has been during the last 2 or 3 nity and articulating that the United son they are going to vote for him is years. The countries that previously States does respect international law because he is the President’s nominee. admired the United States for its val- and protocol. I agree with my colleague, Senator ues and principles of democracy and The President’s recent visits to Lat- BIDEN. I think if we had a secret vote freedom, encouraging other nations to via, the Netherlands, Moscow, and on John Bolton, he would not get 50 develop their own democracies and Georgia, underscore the priority he votes from the Senate. speak out against injustices, now criti- places on strengthening U.S. public di- I want to explain to my colleagues cize the United States for its failure to plomacy. The way that he embraced here today why it is I think Mr. Bolton respect their views and opinions. the Russian people will serve the coun- should not be confirmed. One of my It troubles me deeply that the United try well as we negotiate with President deepest concerns about this nomina- States is perceived this way in the Putin to improve nuclear security co- tion involves the big picture of U.S. world community. I am troubled be- operation and support U.S. positions on public diplomacy and the President’s cause the United States will face a Iran and North Korea. acknowledged need to improve it. It deeper challenge in achieving its objec- The President has also enlisted the was not too long ago when America’s tives without their support. We will added value of the First Lady in pur- love of freedom was a force of inspira- face more difficulties in conducting the suing an agenda to improve U.S. public tion to the rest of the world, and Amer- war on terrorism, promoting peace and diplomacy in the Middle East, an im- ica was admired for its democracy, gen- stability worldwide, and building de- portant initiative. I also applaud the erosity, and willingness to help others mocracies, without help from our President’s decision to appoint Karen in need of protection. Today, the friends to share the responsibilities, Hughes to help lead the public diplo- United States is criticized for what the leadership, and costs. macy effort at the State Department. world calls arrogance, unilateralism, Even as recently as last night, the Let’s send Karen Hughes to be the for failure to listen and seek support of former President of the Czech Republic next ambassador to the United Na- its friends and allies. There has been a and champion of democracy, Vaclav tions. There is someone who would

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5894 CONGRESSIONAL RECORD — SENATE May 25, 2005 really make a difference for us, and who do not want to see the U.N. re- North Koreans another excuse or pretext not deal with the challenge that we have in formed will act as a roadblock, and I to come back to the committee. public diplomacy. fear Mr. Bolton’s reputation will make Committee staffer: The President clearly understands it easier for them to succeed. Did Bolton advance President Bush’s North the importance of renewing our rela- I believe that some member nations Korea policy? tionships and making clear that we in the U.N. will use Mr. Bolton as part Ambassador Hubbard: want to work with our friends to of their agenda to further question the My belief is that his actions hurt. achieve our many foreign policy goals. credibility and integrity of the United It is important to send a message that, States of America and to reinforce According to reliable sources at the though the United States may have dif- their negative U.S. propaganda. State Department, it was after that ferences with our friends at times, and If we send Mr. Bolton to the United speech that it was made clear to Mr. though we may need to be firm about Nations, the message will be lost be- Bolton he would have to clear any fu- our positions, we are willing to sit cause our enemies will do everything ture speeches through the Secretary or down, talk about them, discuss our rea- they can to use Mr. Bolton’s baggage Deputy Secretary and that he would be soning, and work for a solution. to drown his words. The issue will be put on a very short leash. This was just It is my strong belief in the need to the messenger—the messenger and not one of the many times he was called on improve U.S. public diplomacy and in the message. the carpet. the efforts of the President that has Another reason I believe Mr. Bolton In fairness to Mr. Bolton, the sources caused me to pause and reflect so deep- is not the best candidate for the job is have said to me, once reprimanded, ly on the nomination of Mr. Bolton be- his tendency to act without regard to Bolton got back on track but that he cause, I asked myself, what message the views of others and without respect needed to be kept on a short leash. are we sending to the world commu- to chains of command. We have heard Who is to say that Bolton will not nity? In the same breath we are consid- Mr. Bolton has a reputation for stray- continue to stray off message as am- ering a nominee for ambassador to the ing off message. He is reported to have bassador to the U.N.? Who is to say he United Nations who has been accused strayed off message more often than will not hurt, rather than help, United of being arrogant, of not listening to anyone else holding a responsible posi- States relations with the international his friends, of acting unilaterally, and tion at the State Department during community and our desire to reform of bullying those who do not have the Secretary Powell’s years as Secretary the United Nations? ability to properly defend themselves. of State. When discussing all of these concerns These are the very characteristics we U.S. Ambassador to South Korea with Secretary Rice—John Bolton’s are trying to dispel in the court of Thomas Hubbard testified that Bolton propensity to get off message, his lack world opinion. rejected his request to soften the tone of interpersonal skills, his tendency to We must understand, next to the of a July 2003 speech on North Korea abuse others who disagree with him—I President, Vice President, and Sec- policy and stated that the speech hurt, was informed by the Secretary of State retary of State, the most prominent rather than helped, efforts to achieve she understood all these things and in public diplomat is our ambassador to the President’s objectives. spite of them still feels John Bolton is the United Nations. It is my concern Here is the question from a com- the best choice. She assured me she that the confirmation of John Bolton mittee staffer: would be in frequent communication would send a contradictory and nega- And what was your impression of the with him and that he would be super- tive message to the world community speech when you first read it, the day before vised very closely. about U.S. intentions. I am afraid that it was going to be delivered? Did you suggest My private thought, and I should his confirmation will tell the world we changes in it? have shared this with the Secretary of are not dedicated to repairing our rela- We are talking now of the question to State, is why in the world would you tionships or working as a team but Ambassador Hubbard. want to send someone to the United that we believe only someone with I think our most important comment was Nations who requires such supervision? sharp elbows can deal effectively with that we thought the tone was way too I am also concerned about Mr. the international community. strong, that he used derogatory terms about Bolton’s interpersonal skills. I under- I want to make it clear that I do be- Kim Jung Il . . . throughout the speech, in stand there will be several vacant sen- lieve that the U.N. needs to be re- virtually every sentence. And I and my staff ior posts on the staff when Mr. Bolton argued that was counterproductive to our in- arrives in his new position. As a matter formed if it is to be relevant in the 21st terest in getting the North Koreans back century. We need to pursue its trans- into the talks [on their reducing their nu- of fact, I understand all the top people formation aggressively, sending the clear threat.] are leaving. I understand one of the strong message that corruption will Committee staffer: most respected and qualified people at the U.N., Anne Patterson, will be leav- not be tolerated. The corruption that And was Mr. Bolton aware of the South Ko- occurred under the Oil for Food Pro- rean request to avoid inflammatory language ing her post, and others will be depart- gram made it possible for Saddam’s that might complicate the Six-Party proc- ing, as I mentioned. Iraq to discredit the U.N. and under- ess? As such, Mr. Bolton will face a chal- mine the goals of its members. This Ambassador Hubbard: lenge of inspiring, leading, and man- must never happen again, and severe Yes. aging a new team, a staff of roughly 150 individuals, perhaps more, whom he is reforms are needed to strengthen the Committee staffer: organization. And, yes, I believe it will going to need to rely upon to get the Did he make all the changes [in the July job done. As we know, all of us are only be necessary to take a firm position so 2000 speech] that had been suggested? that we can succeed. But it will take a as good as the team we have sur- Ambassador Hubbard: special individual to succeed in this en- rounding us. We are all aware of the deavor, and I have great concerns with No, I don’t believe so. You know, I think testimony and observations related to that—to be very clear, we didn’t go through Mr. Bolton’s interpersonal and man- the current nominee and his ability to the speech, scratching out the word ‘‘dic- get the job done. tator’’ every time we saw it—you know, agement skills. To those who say a vote against John that—we made an overall comment . . . that With that record in mind, I have con- Bolton is a vote against reform of the we felt that was counterproductive and over- cern about Mr. Bolton’s ability to in- United Nations, I say nonsense. Frank- blown. spire and lead a team so he can be as ly, I am concerned that Mr. Bolton Committee staffer: effective as possible in completing the would make it more difficult for us to Did you believe the speech advanced the important tasks before him. And I am achieve the badly needed reforms to President’s objective of achieving a peaceful not the only one. The Senate Foreign this outdated institution. I believe denuclearization of the Korean Peninsula Relations Committee received letters there could be even more obstacles to through negotiations? Or, if not, why not? from 102 U.S. diplomats who served reform if Mr. Bolton were sent to the Ambassador Hubbard: under administrations for both sides of U.N. than if it were another candidate. No, I don’t think it advanced the process the aisle saying Mr. Bolton is the Those in the international community . . . In my view, the invective . . . gave the wrong man for the job.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5895 Colin Powell’s chief of staff, Colonel Colin Powell, the person to whom Mr. Now, it has been suggested that we Lawrence Wilkerson, testified before Bolton answered over the last 4 years, should vote for Mr. Bolton because of the committee that Mr. Bolton would was conspicuously absent from a letter his achievements and qualifications de- make ‘‘an abysmal ambassador,’’ and signed by former Secretaries of State spite his reputation as a ‘‘bully’’ and that ‘‘he is incapable of listening to recommending Mr. Bolton’s confirma- his poor interpersonal skills. people and taking into account their tion. Of all the people who worked with I agree that Mr. Bolton has had some views.’’ Mr. Bolton, Powell is the most quali- achievements, but I am dubious that I would like to read some of Mr. fied person to judge the man and his Mr. Bolton’s record of performance has Wilkerson’s testimony. ability to serve as the Secretary’s am- been so overwhelmingly successful that Mr. Wilkerson: bassador to the U.N. and he did not we should ignore his negative pattern I would like to make just one statement. I sign the letter. of behavior and credibility problems don’t have a large problem with Under Sec- In fact, I have learned that several with the international community. retary Bolton serving our country. My objec- well-respected leaders in our foreign For the last 4 years, Mr. Bolton tions to what we’ve been talking about policy community were shocked by Mr. served as the top arms control and non- here—that is, him being our ambassador at proliferation official for the State De- the United Nations—stem from two basic Bolton’s nomination because he is the things. One, I think he’s a lousy leader. And last person thought to be appropriate partment. The most pressing non- there are 100 to 150 people up there that have for the job. proliferation issues affecting U.S. na- to be led; they have to be led well, and they There are several interesting theories tional security today involve the have to be led properly. And I think, in that on how Mr. Bolton got the nomination. threat of Iran’s nuclear ambitions, the capacity, if he goes up there, you’ll see the I am not going to go into them in the threat of North Korea’s nuclear ambi- proof of the pudding in a year. Senate. If anyone would like to talk to tions, and the need to expand and ac- I would also like to highlight the me about that, I am happy to discuss it celerate our cooperation with the Rus- words of another person I myself re- with them; otherwise, I urge you to get sian Federation to secure and dis- spect and who worked closely with Mr. in touch with senior members of the mantle Russia’s nuclear and WMD in- Bolton. He told me if Bolton were con- Foreign Relations Committee and ask frastructure to keep it out of the hands firmed, he would be ok for a short them. of would-be terrorists or proliferant na- while, but within 6 months his poor We are facing an era of foreign relations. interpersonal skills and lack of self- tions in which the choice of our ambas- The United States has not had sig- discipline would cause major problems. sador to the United Nations should be nificant success on these issues in the He told me Mr. Bolton is unable to con- one of the most thoughtful decisions last 4 years. In the case of North Korea, trol his temper. we make. The candidate needs to be they have withdrawn from the Non- I would like to read some quotes both a diplomat and a manager. He proliferation Treaty and the situation from the testimony of Christian must have the ability to persuade and has become more critical during Westermann, the analyst from the Bu- inspire our friends, to communicate Bolton’s watch. Our U.S. Ambassador to South Korea, Thomas Hubbard, stat- reau of Intelligence and Research, and and convince, to listen, to absorb the ed that Mr. Bolton’s approach on North Tom Fingar, Assistant Secretary of ideas of others. Without such virtues, Korea was damaging to U.S. interests. State for Intelligence and Research, we will face more efforts in our war on With regard to our cooperation with about Mr. Bolton’s patterns of losing terrorism, to spread democracy and to Russia to secure its WMD infrastruc- his temper and getting angry. foster stability globally. ture and fissile material, I have read Mr. Westermann: The question is, is John Bolton the several reports that Mr. Bolton also He was quite upset that I had objected and best person for the job? The adminis- he wanted to know what right I had trying hurt efforts to move beyond the legal tration says they believe he is the to change an Under Secretary’s language. holdup of ‘‘liability’’ that has stymied right man. They say despite his inter- This was in a speech and Mr. our programs. personal shortcomings, he knows the Westermann had to send that speech On May 16, a Newsweek article re- U.N., he can reform the organization over to the CIA and then it came back ported that for several years, the dis- and make it more powerful and more from the CIA. posal of Russia’s 134-ton hoard of pluto- relevant to the world. nium has been stymied by an obscure And what he would say, or not say or There is no doubt John Bolton should something like that. And I tried to explain a legal issue in which Washington has little bit of the same things about the proc- be commended and thanked for his sought to free U.S. contractors from ess of how we clear language. And I guess I service and his particular achieve- any iability for nuclear contamination wasn’t really in a mood to listen and he was ments. during cleanup. It says that: Bolton quite angry and basically told me I had no He has accomplished some important bore a very heavy responsibility for right to do that. objectives against great odds. As the festering the plutonium issue. It re- By the way, Mr. Westermann did not sponsor of legislation that established ports that a former State Department work in Mr. Bolton’s section of the an office on global anti-Semitism in official said: In 2004, Bolton quashed a State Department. He worked in INR, the State Department, I am particu- compromise plan by his own non- another department, another depart- larly impressed by his work to repeal proliferation bureau, even after other ment, not under his direct supervision. the U.N. legislation equating Zionism agencies had approved it. And he [Mr. Bolton] got very red in the with racism. I wholeheartedly agree I must say I am unimpressed by Mr. face, shaking his finger at me and explaining with Bolton that we must work with Bolton’s failure to secure a com- to me I was acting way beyond my position, the U.N. to change its anti-Israel bias, promise during his 4 years that would and for someone who worked for him. I told and I applaud his work on this issue. enable us to move forward to secure him I didn’t work for him. In 2003, I sent a letter to Secretary this material from terrorists. Staffer: General Kofi Annan of the United Na- The situation in Iran is also very And when [Bolton] threw you out of the of- tions to express my profound concern concerning and has only worsened in fice, how did he do that? about the appalling developments in the last 4 years. Committee staffer: the U.N. and the Palestinian Observer’s Among our accomplishments in non- He just told me to get out and get Tom equation of Zionism with Nazism and proliferation, there is no doubt that Fingar, he was yelling and screaming and red ask that the United Nations condemn Libya’s decision to dismantle its WMD in the face, and wagging his finger. I’ll never the remarks and maintain a commit- infrastructure was one of the largest forget the wagging of the finger. ment to human rights. successes of the last 4 years. Committee staffer: Further, I am impressed by Mr. We really rejoiced over that. How- Could you characterize your meeting with Bolton’s achievements in the area of ever, there is credible reporting that Bolton? Was he calm? arms control, specifically on the Mos- Mr. Bolton was sidelined from the ne- Mr. Tom Fingar: cow Treaty, the G8 ‘‘10-Plus-10-Over- gotiations by the White House and that No, he was angry. 10’’ Global Partnership Fund, and the some believed he might hurt their Additionally, I want to note my con- President’s Proliferation Security Ini- chances of succeeding with Libya. Ad- cern that former Secretary of State tiative. ditional reports indicate that Mr.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5896 CONGRESSIONAL RECORD — SENATE May 25, 2005 Bolton was sidelined at the request of In fact, the policy is contradictory to Mr. WOLF. He did not—he did not—he did British officials working on the issue, U.S. public diplomacy efforts as well as not encourage differing views. And he tended because they felt he was a liability dur- efforts to secure support in Iraq and to have a fairly blunt manner of expressing ing the negotiations. Afghanistan, but Mr. Bolton did not himself. COMMITTEE STAFFER. Would you go so far Mr. Bolton has also been given a listen to the views of his staff who told as to say that he discouraged alternative great deal of credit for his work on get- him that the policy was damaging our views through his demeanor and through his ting Article 98 agreements with several bigger picture interests. response when people presented alternative countries and important military part- For this reason, I question the sug- views to him? ners. Article 98 agreements secure U.S. gestion that Mr. Bolton’s qualifica- Mr. WOLF. He did not encourage us to pro- military officers from prosecution tions and his record of performance is vide our views to the Secretary . . . our al- under the International Criminal Court so outstanding that we should vote for ternative views. while conducting operations or mili- him, despite his negative pattern of be- Colin Powell’s chief of staff Lawrence tary exercises in a foreign country. havior. Wilkerson testified that Mr. Bolton I support the efforts to secure Article But this is another issue that is deep- tended to focus on accomplishing his 98 agreements and protect U.S. Forces ly concerning to me. We cannot deny own goals as a matter of ‘‘bean-count- against what could be a politically that Mr. Bolton’s record shows a pat- ing’’ and refused to consider the reper- driven trial in a foreign country. How- tern of behavior that is contradictory cussions of his methods on the greater ever, I understand that Mr. Bolton to that of an effective Ambassador. policy objectives of the United States. worked to secure these agreements by I would like to read to you a quote by I would like to quote from Colonel putting a hold on all U.S. military edu- Mr. Carl Ford, who headed the Bureau Wilkerson’s testimony: cation and training assistance to these of Intelligence and Research, INR, in Second, I differ from a lot of people in countries—understanding that the last the State Department from 2001 to 2003. Washington, both friend and foe of Under seven countries we brought into the He testified that Mr. Bolton is a ‘‘kiss Secretary Bolton, as to his, quote, ‘‘bril- United Nations never signed that Arti- up and kick down’’ leader who does not liance,’’ unquote. I didn’t see it. I saw a man who counted beans, who said ‘‘98 today, 99 to- cle 98 treaty. tolerate those who disagree with him morrow, 100 the next day,’’ and had no will- This assistance that we provide to and goes out of his way to retaliate for ingness—in many cases, no capacity—to un- these countries provides education to their disagreement. derstand the other things that were hap- military officials about U.S. and West- Here is what Mr. Ford said: pening around those beans. And that is just ern military doctrine, the importance Unfortunately, my judgment, my opinion, a recipe for problems at the United Nations. of a civilian-run military, civil-mili- he’s a quintessential ‘‘kiss-up, kick-down’’ And that’s the only reason that I said any- tary relations, and respect for human sort of guy . . . I’m sure you’ve met them. thing. rights. It provides basic leadership But the fact is that he stands out, that he’s Mr. Wilkerson again: training and other important training got a bigger kick and it gets bigger and My prejudice and my bias will come out that enables foreign troops to inter- stronger the further down the bureaucracy here, because I think one of the number-one he’s kicking. operate with U.S. forces and inter- problems facing the country right now—and, national forces—such as English lan- Others who have worked closely with you know, I’m here because of my country— guage training and general combat Mr. Bolton have stated that he is an This is Wilkerson. He volunteered. training. This is very important assist- ideologue and that he fosters an atmos- We didn’t go out and get him. He vol- ance at a time when we are fighting phere of intimidation and does not tol- unteered. with a coalition in Afghanistan and a erate disagreement, does not tolerate —not because of anybody else—is North coalition in Iraq. But at the very same dissent, and that he bullies those who Korea . . . So when people ignore diplomacy time that we were seeking additional disagree with him. that is aimed at dealing with that problem supporters in Iraq, some military offi- I would like to read some excerpts in order to push their pet rocks in other from the testimony of the Ambassador areas, it bothers me, as a diplomat, and as a cials arriving at U.S. airports to re- citizen of this country. ceive the military education training to South Korea, Thomas Hubbard, and And I have citations on all of this in were turned away because of Mr. Mr. John Wolf, Assistant Secretary of Bolton’s strong-arming tactics. the Nonproliferation Bureau, who the testimony. As I understand it, several different worked directly under Mr. Bolton. Wilkerson again: State Department officials asked Mr. COMMITTEE STAFFER. There have been press It was the same thing with nonprolifera- reports—one in December of 2003, in USA tion. The statistic I mentioned before, which Bolton to remove the holds because of I think Under Secretary Bolton mentioned in the negative impact they were having Today, that—I’ll just read you the quote from that story. Quote, ‘‘In private, Bolton’s his speech in Tokyo on February the 7th, if on our allies, and he refused to listen colleagues can be scathing. One high-level I remember right—I still keep up with this to their views. coworker calls Bolton ‘an anti-diplomat who stuff, Northeast Asia—and he said the Clin- I ran into this when I was in Croatia tries to intimidate those who disagree with ton Administration, in eight years, had sanc- a couple weeks ago. I talked to the new his views.’ Another diplomat says, ‘No one in tioned China eight times, and the Bush Ad- Prime Minister of Croatia, Ivo the Department dares to criticize Bolton on ministration, in four years, had sanctioned Sanader, and he was saying: I have to the record, because he has support at the China 62 times. As I used to say, what’s the sign Article 98. If I don’t get it, then we highest levels of the Administration. Despite measurement of effectiveness here? What’s it get no help whatsoever in terms of ad- his often blunt public pronouncements, he’s done? Is the sanctioning of 62 times an indication that China is proliferating more? Or vice about how we civilianize our Army never publicly chastised or contradicted,’ the diplomat says.’’ Does that sound like the is it an indication that we’re cracking down? and so forth. And there are people in John Bolton you know? I’d love to see the statistic for the next four the Defense Department who think it AMBASSADOR HUBBARD. It sounds, in gen- years, if Bolton were to remain Under Sec- is a good idea. And I think it is a good eral, like what I experienced. retary. It would be 120 or 140. And what is idea because we have to be concerned, COMMITTEE STAFFER. Did that—did Mr. the effectiveness of this? Are we actually in some of those countries that have Bolton prevent those views of debate [on pol- stopping proliferation that was dangerous to gone democratic, that if things get bad, icy issues from the Nonproliferation Bureau] our interest? Or are we doing it, and ignoring we do not want to see a coup d’etat from getting up to the Deputy Secretary? other problems that cry out for cures, diplo- MR. WOLF, [Assistant Secretary of Non- come from the military part of their matic? And no one sits and says, you know, proliferation]: There were long and arduous ‘‘Okay, that’s correct, that’s correct, this is operation. So we should be doing every- discussions about issues before they got to correct, this is what’s effective, this isn’t ef- thing we can to civilianize it. But, no, the Secretary. fective.’’ The one time I had a conversation can’t do it. Mr. Bolton doesn’t want to COMMITTEE STAFFER. And, in those discus- with John about this, I asked him, ‘‘How do do it. sions, how would you characterize Mr. you go beyond sanctions, John? War?’’ Mr. President, how are we supposed Bolton’s demeanor and professionalism in [Bolton’s implied answer was:] ‘‘Not my busi- to persuade our friends and allies to listening to alternative points of views or ness.’’ [In other words, that was not his prob- join us in Iraq and Afghanistan when listening to those who disagreed with his lem.] point of view? Did he have an open mind? we are cutting off the English-language MR. WOLF. He tended to hold on to his own Former Assistant Secretary of the training and other military training views strongly, and he tended not to be—he Intelligence and Research Bureau Carl that would enable them to send troops tended not to be enthusiastic about alter- Ford testified he had never seen any- to serve with us? native views. one behave as badly in all his days at

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5897 the State Department and that he wasn’t over. He kept going after him. hours of deliberation, telephone calls, would not have even testified before We have to move this guy. We have to personal conversations, reading hun- the Committee if John Bolton had sim- bring somebody else in here. I can’t dreds of pages of transcripts, and ask- ply followed protocol and simple rules deal with him. That is the way he acts. ing for guidance from above, I have of management. Mr. FORD: come to the determination that the Mr. FORD. I can guarantee you . . . that if . . . knowing him [Fingar] well, I’m assum- United States can do better than John Secretary Bolton had chosen to come to see ing it simply was, as you said, this guy Bolton. We need an ambassador who me, or in my absence, my Principal Deputy, [Bolton] was furious, he could potentially do understands the wisdom of Teddy Roo- Secretary Tom Fingar, I wouldn’t be here great damage to the bureau, and he [Fingar] sevelt’s policy to walk softly and carry today. He could have approached me in the was just trying to put him back in the box a big stick. The U.S. needs an ambas- same tone, and in the same attitude—shak- and keep him from doing any more harm. sador who is interested in encouraging ing his finger, red in the face, high tone in And I can’t fault him for that. other people’s points of view and dis- his voice—and I wouldn’t be here today. If he I also want to point out that Carl couraging any atmosphere of intimida- had gone to Secretary Powell, or Secretary Ford, Lawrence Wilkerson, and almost Armitage, and complained loudly about the tion. The world needs an American am- poor service that he was receiving from INR all of the witnesses who came before bassador to the U.N. who will show and the terrible treatment that he had been our committee are appointees of the that the United States has respect for stabbed in the back by one of INR’s analysts, Bush administration. These are loyal other countries and intermediary orga- I wouldn’t be here today. The fact is, it is ap- Republicans who say: I am a conserv- nizations, that we are team players and propriate, if someone is unhappy with the ative Republican. I am loyal to the consensus builders and promoters of service they’re getting from one of the serv- President, that they could not abide symbiotic relationships. ices or organizations in a bureaucracy, that Mr. Bolton’s nomination because of In moving forward with the inter- they should complain. They should yell as their concern for his conduct and his loud as they want to. But, instead of doing national community, we should re- any of those three things, Secretary Bolton erratic, often unprofessional, behavior. member the words of the Scot poet chose to reach five or six levels down below That is what this is about. Bobbie Burns who said: him in the bureaucracy— I have to say that after pouring over Oh, that some great power would give me By the way, a bureaucracy he was the hundreds of pages of testimony and the wisdom to see myself as other people see me. not in charge of speaking with many individuals, I believe John Bolton would have been And when thinking of John Bolton —bring an analyst into his office, and give fired if he had worked for a major cor- earlier today, I thought of one—I don’t him a tongue lashing, and I frankly don’t know whether it is a fairy tale, or care whether he sang scat for five minutes, poration. That is not the behavior of a the attitude, the volume of his tone, and true leader who upholds the kind of de- whatever, called ‘‘The Emperor Has No what I understand to be the substance of the mocracy President Bush is seeking to Clothes.’’ We are going to vote tomor- conversation—he was so far over the line . . . promote globally. This is not the be- row, and I am afraid that when we go That is, I’ve never seen anybody quite like havior that should be endorsed as the to the well, too many of my colleagues Secretary Bolton . . . I don’t have a second face of the United States to the world are not going to understand that this and a third or fourth, in terms of the way he community at the United Nations. appointment is very important to our abuses his power and authority with little country. At a strategic time when we people . . . There are a lot of screamers that It, rather, is my opinion that John Bolton is the poster child of what the need friends all over the world, we need work in government, but you don’t pull somebody who is going to be able to somebody so low down in the bureaucracy diplomatic corps should not be. I worry that they’re completely defenseless. It’s an about the signal we are sending to the get the job done. Some of my friends 800 pound gorilla devouring a banana. The thousands of individuals under the say: Let it go, George. It is going to analyst was required simply to stand there State Department who are serving work out. I don’t want to take the risk. I came and take it, and Secretary Bolton knew their country in foreign service and back here and ran for a second term be- when he had the tirade that, in fact, that civil service, living in posts across the was the case. cause I am worried about my kids and world and in some cases risking their my grandchildren. I just hope my col- I want to note that in Mr. Bolton’s lives, all so they can represent our leagues will take the time before they testimony, he justifies his anger and country, promote diplomacy, and con- get to this well and do some serious retaliatory actions against Mr. tribute to the safety of Americans ev- thinking about whether we should send Westermann by citing an apologetic e- erywhere. John Bolton to the United Nations. mail from Mr. Tom Fingar, Assistant What are we saying to these people? Secretary of the Intelligence Bureau. I yield the floor. And I care about human capital. I have The PRESIDING OFFICER. The Sen- And when I met privately with Mr. been working on it now for over 6 Bolton, he said: Right after it hap- ator from Connecticut is recognized. years. When we say to these people Mr. DODD. Mr. President, I wanted pened, I received this apologetic e-mail that we look to confirm an individual to take a second to say to my friend from Mr. Fingar. So we asked Mr. with this record to one of the highest and colleague from Ohio, I have been Fingar and Mr. Ford about the e-mail. positions in the State Department, through a lot of this debate over the COMMITTEE STAFFER. You said . . . that what are we saying to these people? I last several weeks and months. A lot of what Mr. Westermann did was entirely with- was in Croatia. I was in Slovenia. They things are going on today, but I hope in the procedure, he was never disciplined, it can’t believe it. was perfectly normal, that the only failure my colleagues and others—if they have of his was lack of prudence. And then here I want to emphasize that I have not had a chance to listen to my col- [in the e-mail to Bolton] you say it’s ‘‘en- weighed Bolton’s strengths carefully. I league from Ohio—will read his com- tirely inappropriate,’’ and ‘‘we screwed up, it have weighed the fact that this is the ments. They are heartfelt. I know the won’t happen again.’’ That seems like a rath- President’s nominee. All things being feeling. I remember several occasions, er different assessment. equal, it is my proclivity to support but there was a time when I was one of Mr. FINGAR. Well, I knew I was dealing the President’s nominee, as most of us. two Democrats to support John Tower with somebody who was very upset, I was However, in this case, all things are many years ago, when he was being trying to get the incident closed, which I not equal. It is a different world today didn’t regard as a big deal. I know John considered for the nomination as Sec- [Bolton] was mad. I assumed, when people than it was 4 years ago. Our enemies retary of Defense. I supported John are mad, they get over it. So, did I lean over are Muslim extremists and religious fa- Ashcroft to be Attorney General from in the direction of ‘‘Sure, we’ll take respon- natics who have hijacked the Koran the previous administration. sibility?’’ He thanked me for it, at least as and have convinced people that the I know when you are being different far as I’m concerned, in my dealings with way to get to Heaven is through Jihad and standing up and going against the Bolton, that closed it. and against the world, particularly the tide from people on your own side, it So basically it was, somebody is mad. United States. We must recognize that can be a lonely moment. I know what You send them back an e-mail and say to be successful in this war, one of our it feels like to be there. If you do it out our guy didn’t do what he was supposed most important tools is public diplo- of conviction and belief and because of to do. You hope they will get off your macy, more than ever before—intel- how important these issues are, then I butt and it will be over with. But it ligence and public diplomacy. After think all of us, regardless of where you

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5898 CONGRESSIONAL RECORD — SENATE May 25, 2005 come out on the issue, appreciate the Lawrence Eagleburger, a career foreign superiors and got an e-mail. We heard courage and the determination of a service officer, said in an April 22 about that e-mail. The e-mail said— Member who does it. Washington Post op-ed: and this is from Mr. Fingar, one of the I am comfortable with my col- The real reasons Bolton’s opponents want superiors of Westermann: leagues’ remarks, with his position. As to derail his nomination are his oft-repeated We screwed up but not for base reasons. It I told him the other day, I have been criticism of the United Nations and other won’t happen again. here a long time now—24 years in the international organizations, his rejection of So Bolton finds out that he has been the arguments of those who ignore or excuse Senate—and there are moments like tooled by somebody who did not tell this when I am deeply proud to serve the inexcusable (i.e., the election of Sudan to the Human Rights Commission) . . . him the truth about what happened. He with my colleagues. GEORGE VOINOVICH checks with his superior and gets an e- and I don’t agree on a lot of issues. We And a couple weeks ago the election of Zimbabwe. mail that says, by the way, we made a are of different political persuasions mistake, this will not happen again. and parties. But my respect for him as As to the charge that Bolton has been tough on subordinates, I can say only that in My colleague from Ohio says they a Member of this body is tremendous. more than a decade of association with him were just doing that because they Whether you agree with GEORGE VOINO- at the State Department, I never saw or found out somebody was upset. But if VICH or not, this is a Senator. heard anything to support such a charge. Nor you are looking at it from John The PRESIDING OFFICER. The Sen- do I see anything wrong with his challenging Bolton’s perspective, what you see is: I ator from Minnesota is recognized. intelligence analysts on their findings. was angry because somebody did some- Mr. COLEMAN. Mr. President, I My colleague from Ohio and my col- thing which is confirmed by their deeply respect my colleague from Ohio, leagues across the aisle talked about source, the senior person there, that, in and I deeply respect the passion that an incident with an analyst— fact, what they did was wrong. he brings to his concern about this Westermann—in which Bolton had a It is interesting because Fingar basi- nomination. speech that he was preparing on the cally said it was not a big deal. As far I also bring passion and concern. I issue of Cuba’s capacity to develop bio- as I am concerned, that closed it. have been involved as chairman of the logical weapons. That speech then was We get a representation somehow Permanent Subcommittee on Inves- supposed to be sent to analysts in the that did not close it, that John Bolton tigations and have been looking at the process. That is the process—send it is going around pounding this issue and U.N. and the oil for food scandal—a around to analysts and they come back looking for retribution with Mr. scandal which allowed Saddam Hussein and tell you whether you can say what Westermann. In fact, the report shows to rebuild his military capacity, to you want to say. In the end, the just the opposite. bribe individuals close to the leader- speeches have to get cleared. What happened here is Bolton was ship of member states of the Security What happened with Mr. Westermann upset. He went to the guy who caused Council, to fund terrorism. I have is this. What you have heard so far is the problem. He also tried contacting looked at the U.N. over recent years, at that John Bolton was angry at Mr. his superior. He was not around. He the scandals of sexual abuse and child Westermann. My colleague from Ohio eventually got to Fingar who came prostitution in Africa, where U.N. offi- said he was quite upset as to why he back with an e-mail—I use his lan- cials were not responded to for months would change language. That is what guage—‘‘We screwed up,’’ and that is and months. I have looked at the world happened. What happened is not that it. That is it. in which we live, and the challenges we Westermann sent something around Then we hear the testimony of Carl face, and I realize the United States and then got it back, and then Bolton Ford, a long-term, good, loyal em- cannot be the world’s sole policeman, had a concern with the conclusion. ployee of the State Department, and the world’s sole humanitarian provider. What happened is that when Bolton we hear about Ford and his representa- We cannot do it on our own. We need gave the document with the language tions about Mr. Bolton. John Bolton’s partners and we need a U.N. that is to Westermann, he sent it on. What he interaction with Carl Ford was a 2 or 3- strong and credible. told Bolton’s chief of staff was: I sent minute conversation in front of a water This President has made a decision your language to the CIA intact and fountain. So it was not a matter of that the person who can best do the only at its source citations. somebody going around to get retribu- heavy lifting that is required for U.N. What really happened, and what the tion and they are angry. That was it, reform is John Bolton. He does that by record shows and demonstrates, is that literally Bolton ran into Ford at a looking at the record of John Bolton. I what Westermann did is that he had water fountain. What Ford was upset respect the President for that commit- sent it around, but he inserted lan- about was that John Bolton went to his ment to reform the United Nations, guage that basically said what Bolton guy. It was his guy on his team. Ford and as I look at this dangerous world wanted to say would not fly. So Bolton was upset with that. I guess you have in which we live, I think it is essential doesn’t know, when he gets it back, two guys with pretty strong feelings. that we seize this moment of oppor- that that piece is out. Clearly, he But that was the conversation. tunity now. I think it is essential that wanted to say it, but they said he could John Bolton did not call the Sec- we confirm this nomination. not. His concern with Westermann— retary of State, did not call the Deputy The reality is that John Bolton is a and the testimony reflects this also— Secretary of State, did not call others man of strong conviction. Clearly, was not about policy. He said: I dis- in the Department, did not pursue it. If there are some differences of perspec- agree with you going behind my back. I am angry about something, really tive even in the State Department. I disagree with you not being honest angry about something, I want to take There was an editorial in the Wash- with me, not telling me up front that care of it and I take care of it, particu- ington Post on May 12 of this year in in fact this is what you did rather than larly a guy like John Bolton. He is not which the writer said: saying I circulated it, but I find out a soft guy, no question about that. But The committee interviews have provided that, in effect, you lied to me. the interaction regarding Westermann some colorful details without breaking new John Bolton was angry and he said: I was bumping into someone at a water ground on what has long been a well-under- have lost confidence in someone who fountain and having an exchange. stood split in the first Bush administration, a split between those who saw themselves as cannot be honest with me, who goes be- Westermann’s boss basically said: the pragmatic diplomats, (the Powell camp) hind my back, and I have to find out Don’t mess with my guys. And that is and those, like Mr. Bolton, who saw them- about it from another source. That was Mr. Ford. His experience with John selves as more willing to bruise feelings here the conversation he had with Bolton is essentially that 2-minute and abroad in standing up for U.S. interests. Westermann. What you hear and what conversation—that is it—I think until In the end, the Post concludes: is portrayed about Mr. Bolton is that he leaves. The nominee is intelligent and qualified; somehow there is this pattern of abuse. Then the only other conversation on we still see no compelling reason to deny the What is cited is that he had this con- the record that Mr. Bolton had about president his choice. versation with Westermann—by the Mr. Westermann is a number of months Former Secretary of State—perhaps way, after that conversation, Mr. later, he was visiting with another offi- the model of the Secretaries of State— Bolton did check with Westermann’s cial within the agency and asked how

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5899 are things going and is there anything logical weapons, these speeches are different positions and Deputy Secre- that troubles you? Only when asked cleared. There is a process. There is not taries resolve them. It was part and that question does he even bring up the a single instance in the record where parcel of daily life. Again, allegation incident again, and that is it. John Bolton is somehow substantiated made and claim simply not true. So this image being portrayed about for having said things that were not I could go on. I would just like to somehow hounding down a lower level policy, said things that were disruptive touch upon a few more. One of them employee—by the way, Westermann of policy. had to do with an allegation that Mr. was a 20-year Navy veteran; he was not At times did he challenge analysts? Bolton, before he worked for the State a kid wet behind his ears. I have to tell Yes, he did, and that is probably a pret- Department, was involved in a situa- you, if it was the private sector, Mr. ty good thing to do. Analysts do not tion where he yelled at a colleague, a Westermann may have been fired for speak from a holy mountain. They woman whom he worked with. I think not being honest with his superior, for come in with a perspective. We have this conversation was supposed to have going behind somebody’s back. That is seen enough history now in the last taken place in Moscow at the time. what happened. couple of years where analysts had a This individual said that Bolton had I want to go back to the Washington perspective and they were wrong. John yelled and screamed at her, chased her Post article, the Eagleburger comment. Bolton challenged analysts, but in the around. Here is what is really happening here. end, each and every time, what he did We had a full committee hearing. When John Bolton’s name was put for- was he delivered the message he was The allegation was raised. It was raised ward as the nomination by the Presi- supposed to be delivering. in front of the press, raised in front of dent, my colleagues on the other side There was a question concerning the media that somehow John Bolton— made it very clear they were going to Libya and the allegation, by the way, there was a source that said this oppose this nomination. The issue then in Newsweek—an allegation in News- woman had complained. It ended up was his comments he made about the week. My colleagues quote Newsweek that this woman, a very political United Nations. My colleagues on the as if it is the Holy Bible. Newsweek— woman, one of the leaders of Mothers other side of the aisle did not think credible reporting that he was side- Against Bush, a liberal activist, had John Bolton was respectful enough of lined, and then there was a conversa- made the claim on liberal Air America. the United Nations and he did not de- tion, an anonymous source, that some- Under questioning, when asked about serve to be confirmed. That was the how the British Foreign Secretary whether she had been chased or har- issue. It was about policy differences Jack Straw was complaining to Powell assed by Mr. Bolton, her testimony between John Bolton and my col- about John Bolton. The anonymous was: Well, I may have overstated that. leagues on the other side of the aisle. source, according to a Bush official, We then get letters from the presi- What happened is because that argu- told them that Secretary of State Pow- dent of the company that held the con- ment did not sell, they then began an ell’s Under Secretary for Arms Control tract for which this woman worked. He examination of some of these inter- was making it impossible to reach al- said: I certainly did not hear contem- personal exchanges and what became lied agreement on Iran’s nuclear pro- poraneously from any other employee the Westermann issue, what became a gram. Powell turned to an aide and in Moscow that anything occurred be- series of contacts with John Bolton, said: Get a different view on the prob- tween Mr. Bolton and Ms. Townsel in with legitimate concerns, character- lem, Bolton is being too tough. Jack Moscow. Consequently, it is difficult to ized as a series of a pattern abuser. Straw flatly rejects this. Here is what understand how she could make such There were concerns raised about Straw’s press spokesman is saying: accusations with any veracity. He then North Korea and about John Bolton’s Conversations between the Foreign Sec- went on to talk about some of her con- comments regarding North Korea, retary and our U.S. counterpart are private duct and was very concerned about somehow that he was straying off mes- and we do not normally comment on their that. He concluded that he found sage, that he was saying things that content. However, the Foreign Secretary has Bolton to be very intelligent, hard should not have been said, that he gave no recollection whatsoever of telling the working, loyal, ethical, and there was U.S. administration or any other whom it a speech in July 2000 in which I think should or should not put in charge of its nothing to this. Ultimately, my col- he called Kim Jong Il, the North Ko- business. John Bolton held a senior position leagues on the other side kind of rean President, a tyrant, which, by the in counterproliferation arms control in the dropped that but after it was made way, he is. The comment was he was last administration and senior UK officials public, after they discussed it in public, straying off message, that he was say- worked closely with him on a range of issues. though I believe they had in their ing things that should not have been The bottom line is Mr. Powell never hands the same letters, the same rebut- said. told Mr. Bolton he was being too tough tal. That is one of the problems. There I have a copy of a letter from former in dealing with our European allies. are individuals who—John Bolton, by Secretary of State Colin Powell. It is Mr. Bolton has continued to represent the way, has been before this Senate dated August 26, 2003, when he was Sec- the Bush administration’s firm posi- three and perhaps four times. He has retary of State. He is sending a letter tion that Iran has yet to make their been before this body, been scrutinized, to JON KYL of the Senate. He says: strategic decision not to pursue nu- been confirmed three to four times. Dear Jon, I am pleased to reply to your re- clear weapons capability and, there- Now we reach a point, and maybe it is cent letter concerning John Bolton’s speech fore, Iran’s violation of its commit- the atmosphere around here, maybe in Korea and our reaction. ments under the Nuclear Nonprolifera- the partisan divide has gotten so great, Undersecretary’s Bolton speech was fully cleared within the Department. It was con- tion Treaty should be referred to the but what starts out with a concern sistent with Administration policy, did not United Nations Security Council. over policy then slips into attacks on really break new ground with regard to our There was another concern about an the personal. People’s character is dis- disdain for the North Korean leadership and, article 98 issue. The allegation was paraged, even though there is no basis as such, was official. that somehow Mr. Bolton blocked mili- for it, disparaged publicly, disparaged ‘‘ . . . and, as such, was official.’’ tary aid for Eastern European NATO in the media. ‘‘Fully cleared,’’ ‘‘was official.’’ candidate countries, even though there Folks then rely upon credible report- If one sat here and listened to what are article 98 restrictions, concerns for ing in Newsweek magazine, when the was said before, one would think some- not agreeing to take U.S. servicemen sources then who are close to the issue how this guy was off there on his own to the International Criminal Court, come back and say that credible re- saying things that were disruptive to have been waived. Bolton wanted to porting simply is not very credible. policy. pressure them to sign the article 98 People go through a ringer. If I was lis- That is not the way it works. For the agreements. tening to some of these allegations, I public who may not understand, when Rich Armitage, the No. 2 person at would come to some conclusions about we have a senior State Department of- the State Department under Colin character, but then when one looks, for ficial making speeches in North Korea, Powell, has refuted this claim. He said: instance, at the Westermann incident making speeches about Cuba and its I did not consider this unusual at all. and hears about serial abuse, they find policy regarding procurement of bio- Different fiefdoms at State often have out it was one conversation because

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5900 CONGRESSIONAL RECORD — SENATE May 25, 2005 Mr. Bolton believed he got stabbed in toughness it is going to take to get 191 and intelligence oversight. Our intel- the back; that the other conversation nations to stop putting Zimbabwe and ligence agencies are charged with gath- took place over a water fountain and Sudan on the Human Rights Commis- ering information around the world that was it, except when asked, about 6 sion. He has that ability. He has the and then objectively analyzing the in- months later, ‘‘Is there anything that confidence of the President. In the end, formation and providing it to the rest bothered you?’’ and he said, ‘‘He has elections matter. The President of the of the Government. Intelligence con- not bothered me.’’ But we get a charac- United States won the election. He has sumers, then, rely on that intelligence terization of temperament and loss of chosen someone to carry out that vi- for a variety of activities. Often, that temper and somehow being impolitic. sion, and that person has the record information forms the foundation of It is simply not credible. and the ability to do that. There is the very national security policies we I was there for just about every por- nothing in this record that undermines depend upon to keep our country safe. tion of every hearing and heard all the that. There is nothing in this record It is absolutely essential that our in- evidence. For all of these claims that that he ever said he changed intel- telligence is objective, independent, are made, if one looks, as they say, at ligence. There is nothing in this record and accurate. If it is not, then the sys- the rest of the story, they find out that that he ever got anybody fired. tem does not work, we waste billions of they are not credible. What is in this record is a distin- dollars each year, and we end up mak- It really gets back perhaps to where guished record that has been attacked, ing a critical national security deci- we started, that in the end this is savaged, and abused. I hope that does sion or a series of them based upon about policy. We should end where it not have the chilling effect on others flawed assumptions. began. There are those who simply dis- who want to serve this country. In the extreme, intelligence that is agree with Mr. Bolton’s approach. John Bolton is willing to serve this manipulated or shaped to fit pre- When I say ‘‘approach,’’ Mr. Bolton has country. He deserves the right to do conceived conditions could lead the made it very clear that he believes in that, and I hope that my colleagues country into a war that we should not the institution; that he is committed. agree and they support his confirma- be fighting. This, of course, was the He made the commitment—and I am tion. concern that many of us had when we going to take him at his word—to work I yield the floor. began our investigation of prewar in- with the institution. That is what he is The PRESIDING OFFICER. The Sen- telligence. It was a central point of the going to do. ator from West Virginia. committee’s review—a central point. It I think we have to take him at his Mr. ROCKEFELLER. Mr. President, I was something we pursued aggres- word, and we have to accept the fact speak as vice chairman of the Senate sively. In that case, the committee did that the President believes that U.N. Intelligence Committee, and I oppose not find evidence that the administra- reform is important and Mr. Bolton has the nomination of John Bolton to be tion officials as a whole attempted to the capacity to do the job. He nego- U.S. Ambassador to the United Na- coerce, influence, or pressure analysts tiated the Treaty of Moscow, nego- tions. I purposely highlight that posi- to specifically change their judg- tiated the U.N. reversing its position tion on the Intelligence Committee be- ments—specifically change their judg- on a resolution that had been in place cause it is Mr. Bolton’s pattern of at- ments—relating to Iraq’s WMD. I sup- a number of years which said Israel tempting to distort and to misuse in- ported that finding, although in my ad- was a racist state. Everybody said that telligence that is primary as a reason ditional views I described what I would be impossible to change, and for my opposing his nomination. I have thought was a more pervasive environ- John Bolton provided the leadership to many reasons to oppose his nomina- ment of pressure, created prior to the get the U.N. to reverse itself on that tion, but I will restrict myself to my war, to reach conclusions that sup- issue. He clearly has the qualifications work on the Intelligence Committee. ported the administration’s policies. and the skills. He has the support of Senator BIDEN and other members of I describe this effort now, however, the President. He has the support of the Foreign Relations Committee have not to revisit these issues that we in- the Secretary of State. He has my sup- walked through some of these facts, al- vestigated but to impress upon my col- port. I know how important this job is. though perhaps not all of them yet, re- leagues and the public how serious it is I know we have this window of oppor- lated to Mr. Bolton. So I will not go when policymakers are accused of at- tunity and we have to seize it. into all of the details. I do intend to tempting to manipulate the intel- I was a former prosecutor, and I provide some background and expand ligence process. This is behavior we know how it works. In Minnesota, the on at least one critical issue. I want to cannot tolerate, and this is the pattern prosecution gives a closing argument explain why this issue should matter to of behavior Mr. Bolton has exhibited and the defense goes after. There is no my colleagues and why Mr. Bolton’s during his tenure as Under Secretary of prosecution rebuttal. So I would often actions should disqualify him from this State. As I said, Senator BIDEN, Sen- go in front of the jury and I would say: position. ator DODD, and others have done a su- What you have to watch out for is the As my colleagues know, beginning in perb job in describing the specific inci- ‘‘rabbits in the hat’’ approach, that June of 2003, the Senate Intelligence dents. Let me add a few points to pro- what you are going to hear come out Committee undertook an exhaustive vide context for these episodes. on the other side is they are going to inquiry into the intelligence con- First, I want everyone to understand unleash a number of rabbits that are cerning Iraq prior to the war. After that the Intelligence Committee was going to come running out of that hat. more than a year, the committee aware of these allegations long before In this case, the first rabbit is of po- unanimously approved a scathing 511 Mr. Bolton was nominated to this job. sitions on the U.N.; the second rabbit is page report describing the intelligence These are not incidents dredged up of policy positions; the third rabbit is community’s systematic failures, par- after he had been nominated. saying things that should not have ticularly on issues related to weapons The committee’s Iraq report briefly been said; the fourth rabbit is personal of mass destruction. One of the central mentions the case of an INR analyst— behavior, et cetera, hoping that some- issues to the committee’s review was that is, the State Department intel- body on the jury chases one of those the question of ‘‘whether any influence ligence analyst—who had the courage rabbits. Instead, what we need folks to was brought to bear on anyone to shape to stand up in a committee hearing and do is keep their eye on the main thing. their analysis to support policy objec- acknowledge what he described as po- The main thing, as Steve Covey said: tives.’’ litical pressure. When the committee One thing is keep the main thing the It was a question so important, in staff interviewed this analyst, they dis- main thing. fact, and so fundamental to our com- covered that the instance involved The main thing is that this President mittee’s oversight role that answering Cuba and not Iraq. That being the case, has a belief that this U.N. needs re- it was one of the four specific tasks the committee did not pursue a review form. The main thing is that John laid out by Chairman ROBERTS and me because we were doing Iraq, not Cuba. Bolton has a long and distinguished at the beginning of this inquiry. Unfortunately, the committee’s final record of service to this country and an The issue of maintaining objectivity report described and commented on ability to get things done. He has the goes to the very heart of intelligence this incident without conducting a

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5901 complete investigation of the facts. It improper about the request. That, how- striction. I don’t know if that is accu- is now clear from the record developed ever, was not the end of the story. As rate, but I do know that it is entirely by the Foreign Relations Committee in part of our effort to respond to Chair- irrelevant because he knew about that. their excellent work that Under Sec- man LUGAR’s request for information, Anybody who is experienced to receive retary Bolton attempted to exact ret- the committee staff interviewed sev- intelligence at that level has to know ribution against this intelligence ana- eral individuals with knowledge of that. lyst because his analysis did not sup- Under Secretary Bolton’s request for He knew the classification of the port Mr. Bolton’s views. these names. During one of those inter- intercepts. He knew the sensitivity of As with the case of the INR analyst, views, a senior member of his staff de- information referencing U.S. persons. the State Department analyst, the scribed actions Under Secretary Bolton He knew the special procedures he had committee previously was aware of the took after he received one of those to go through to get that name. He allegations of politicization related to names. knew the requirement to closely guard the former National Intelligence Offi- According to this individual, upon re- this information, even if he had not cer for Latin America. We knew about ceiving the name from the National Se- seen the specific language on the trans- it. In the course of a briefing to the curity Agency, the NSA, Under Sec- mittal letter. Any attempt to place committee staff in November of 2004, retary Bolton shared that information blame for his action on others is thinly this individual described an effort to with another State Department offi- veiled, sad, and wrong. have him removed because his analysis cial. The reasons for this action are not I still have questions about this epi- was at odds with the views of certain clear, but it seems inconsistent with sode, but it appears to me on its face policymakers, including Secretary the stated reasons for obtaining the that he violated the restrictions placed Bolton. Unfortunately, the committee name. on this information by the National did not follow up on these allegations Let me explain. I must take a mo- Security Agency. Even if we discover until March, when the minority staff ment to describe the information we his actions were technically not a secu- on the committee began scheduling are talking about and put Mr. Bolton’s rity violation, if by a 1 in 1,000 percent interviews. I speak now of the Intel- action in some context. When a U.S. in- chance it turned out to be true, it em- ligence Committee, not the Foreign telligence agency—in this case, the Na- phasizes something even worse, and Relations Committee. It is clear from tional Security Agency—receives a re- that is a cavalier attitude to be, there- these interviews that the minority port that includes information con- fore, projected into the future in deal- staff on the Intelligence Committee did cerning a U.S. person, that information ing with extremely sensitive intel- and from the much more extensive is, so to speak, minimized—that is the ligence information. work done by the Foreign Relations technical term—for privacy reasons, This is part of a pattern which shows Committee that Under Secretary meaning that the U.S. name is replaced a blatant disregard for the importance Bolton and others, particularly Otto with a generic designation such as of the intelligence process which is the Reich, who was Acting Assistant Sec- ‘‘named U.S. Government official,’’ or spear tip of this Nation’s internal secu- retary of State for Latin America, ‘‘named U.S. citizen,’’ but that is all. rity and security around the world and sought to have the National Intel- Remember, this is information that is the sensitivity of the information con- ligence Officer reassigned because his already classified at the highest levels, tained in intelligence products. analysis did not support their policies. or it would not receive this treat- When viewed collectively, these ac- These two episodes, in my mind, are ment—classified at the highest levels tions demonstrate Mr. Bolton’s enough to disqualify Mr. Bolton from and shared with a very limited number unfitness for this position. I thereby this position. But there is more to this of people in order to protect the source urge my colleagues to oppose his con- pattern of abusing the intelligence of that information. The U.S. name is firmation. I thank the Presiding Offi- process. During the course of the nomi- even more closely guarded and not pro- cer. nation process, we learned that on at vided unless an appropriately cleared Mr. DODD. Will the Senator yield? least 10 occasions, Mr. Bolton had official reading that intelligence report Mr. ROCKEFELLER. I yield to the sought to learn the identity of 19 U.S. makes a specific request for it in order Senator. persons—this has been discussed on the to better understand the foreign intel- Mr. DODD. Let me thank my col- Senate floor, but I am going to add ligence, and it is only intelligence that league from West Virginia who holds something—19 U.S. persons mentioned that person can be concerned with. the very difficult position, along with in intelligence reports. There has been The rules for dealing with this kind Senator ROBERTS, of being the ranking a great deal of speculation as to why he of comprehensive information are very member and chairman, respectively, of wanted these names, whether it was strict. It is only provided on a case-by- the Intelligence Committee. It is a proper to seek this information. case basis at the request of a specific very difficult job. To answer these questions, Chairman individual. The National Security For those who have served some LUGAR asked Chairman ROBERTS and Agency has a formal and very well es- time, we appreciate immensely the treme to solicit information from the ap- tablished procedure for processing such mendous difficulty of trying to manage propriate agencies. Eventually—even- requests and for providing the names and handle the information that comes tually—eventually, the new Principal to the requester. their way. I am particularly grateful to Deputy Director of National Intel- When a decision is made to release my colleague for his comments here ligence, GEN Michael Hayden, briefed the name, it is transmitted with a today regarding the issue of the intel- Senator ROBERTS and myself. He did cover sheet with the following admoni- ligence analysts and the handling of not brief Senator LUGAR and Senator tion: very delicate information. BIDEN—Chairman LUGAR and Ranking Request no further action be taken on this As my colleague from West Virginia Member BIDEN. That is a mystery to information without prior approval of the knows, and I state this in the form of me. I don’t understand that. But he National Security Agency. a question, Senator BIDEN, obviously, briefed us on the content of the intel- Probably that would not have to be and Senator LUGAR, going back to ligence in question. there because anybody at that level un- April 11, have requested information Let me be clear. We did not receive derstands that already, but neverthe- regarding the intercepts that the Sen- the names, the very names provided to less it is there, front and center. This ator from West Virginia has just de- Under Secretary Bolton—which is an language is clear. This language is un- scribed, along with other information extraordinary sense of control of one ambiguous. But Mr. Bolton apparently from the State Department regarding branch of Government over another. disregarded it. Neither the NSA, the testimony that Mr. Bolton was to give We did not receive those names. We National Security Agency, nor the before a House committee dealing with read everything associated with those State Department’s Bureau of Intel- weapons of mass destruction in Iraq. names but not the names themselves. ligence and Research has a record of We have been unable the last number They were not given to us. him seeking the necessary approval to of weeks to get the necessary informa- Based on my limited review, I noted further disseminate the name. Now his tion from the administration regarding from the rest of the context nothing defenders say he never saw that re- these allegations.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5902 CONGRESSIONAL RECORD — SENATE May 25, 2005 As such, we are asking the adminis- Mr. ROCKEFELLER. No, it was not nomination but would he transmit the tration today if they would not be available and it is part of this pattern. request—I am not suggesting he sup- forthcoming with that information, to We have to decide if there are two port the request—but would he trans- give the chairman and the ranking branches of Government or one. mit the request to the appropriate per- member of the Intelligence Committee Mr. DODD. I thank my colleague and sonnel at the State Department or the unredacted versions of these inter- I appreciate again his comments. White House regarding this informa- cepts, along with the chairman and I will be very brief in my comments tion. Graciously, the majority leader ranking member of the Foreign Rela- this afternoon. I notice there are other has said he would do so, and I presume tions Committee—not all members of Members here. I saw my friend from he has. the committee, not all Members of the Virginia, Senator ALLEN, in the Cham- No cloture motion has yet been filed, Senate. I believe this is the normal op- ber. Senator COLEMAN of Minnesota has but it is my understanding, because it erating procedure when matters like already spoken, but he may want to is the way I framed the request, that I this arise, that requests are made of speak. I think Senator LEVIN of Michi- would not insist upon a normal period the administration for information and gan may be coming over shortly. of time to expire before a cloture mo- they go to selected, designated mem- I will reserve for tomorrow further tion could be invoked, or could be bers to review, to determine whether discussion of the nominee himself and raised, nor would I insist that there be there is something that as Members of the reasons for my objection for this an adequate amount of time after the this body we ought to be aware of in nomination going forward, but, rather, cloture motion, if it were invoked, be the consideration—relevant informa- I will focus in these brief minutes, if I required, the 30 hours of debate; but, tion in the consideration of a nomina- may, on where we are and the proce- rather, we would truncate all of that tion. dural situation in which we find our- some time tomorrow afternoon to give My question is, Is this an inappro- selves. everyone an exact time to express I say to my colleagues it is awkward. priate request from the Senator from themselves on either the motion to in- We have just come through a rather Delaware and the Senator from Indi- voke cloture or on the nomination contentious period in the history of the ana, to get unredacted versions, to go itself. to the Intelligence Committee and the Senate over the last number of days Foreign Relations Committee for them dealing with how we deal with execu- If we are unable to get this data, in- to be able to review, to determine tive branch nominees. It would not formation, which has been requested whether they would be relevant to this have been my choice to have this mat- now for 6 weeks, I will urge my col- nomination? ter come up in the midst of all this or leagues not to invoke cloture. I would Mr. ROCKEFELLER. I say to the in the wake of all of this. I would have do so most reluctantly, and I urge my Senator from Connecticut it is not preferred we had dealt with judicial colleagues, regardless of feelings about only appropriate, but it is necessary. nominations, which I thought was the the nominee. The Senator from Connecticut de- primary rationale for the crisis we ran This is what I want to address. We all scribed the very condition of its sensi- into over the extended debate rule. have had strong views on Mr. Bolton. I tivity and its importance and therefore However, it is clearly the choice and see my friend from Virginia. He has the importance of its place in this the right of the majority, in my view, been eloquent in his defense of Mr. nomination consideration. to set the agenda. As such, they have Bolton, as has my friend from Min- The fact that only Senator ROBERTS set the agenda to bring Mr. Bolton’s nesota. and myself were briefed for a long pe- nomination up before the Senate rath- I listened to the remarkable speech riod of time is part of the way the ad- er than additional judicial nominations given by our colleagues: Senator ministration either shares very sen- before the Memorial Day recess. VOINOVICH of Ohio, Senator BIDEN, Sen- sitive information which they do not I have been asked and objected to a ator SARBANES, Senator ROCKEFELLER, want other committee members to unanimous consent request that would and others. There are strong feelings have—which, of course, makes other have allowed for an up-and-down vote about this nomination. But put aside committee members furious, as it on Mr. Bolton at some point tomorrow your strong feelings about the nominee would me, but they cannot take afternoon. I have said to the majority and think for a minute about what we chances—but what that emphasizes is leader and the minority leader, it is are asking for as an institution; that the importance and the confidentiality not my intention at all to filibuster is, data that pertains to this nomina- and the high degree of sensitivity of this nomination. That is not what I tion. the information. When you are putting want to have occur at all. I noted with some interest earlier somebody potentially into the United I have suggested we ask the adminis- today that one of the newspapers that Nations to effect policy, to reflect the tration, once again, would they be covers Capitol Hill reported that a views of the President more directly forthcoming and give us this informa- House Appropriations Committee, obvi- than the President can do on a daily tion about the National Security Agen- ously under the control of the Repub- basis, to reflect the views of the rest of cy intercepts to go just to Senator licans—the majority—was expressing a the world toward the United States, ROCKEFELLER, Senator ROBERTS, Sen- similar problem in getting information this kind of thing must be available to ator LUGAR, and Senator BIDEN for re- out of the administration on matters Senator ROBERTS and myself and, just view to determine what, if any, infor- they thought were important. as importantly, to Senator LUGAR as mation in those 10 intercepts involving chairman of the Foreign Relations 19 names of American citizens that I do not think this desire to deprive Committee, for Heavens’ sake, and might have some relevancy to the nom- the committees of information on Mr. Senator JOE BIDEN, the ranking mem- ination of Mr. Bolton. That request has Bolton is unique. I believe it is a pat- ber. been rejected since April 11, basically, tern that we, as Members of this co- Mr. DODD. Let me further ask my and there have been numerous re- equal branch of Government, must de- colleague, if I may, as I understand it, quests. fend ourselves on, that if the adminis- when a policymaker requests of the Na- The second request involves a request tration—this administration or any ad- tional Security Administration the raw that Senator BIDEN has expressed a ministration—believes they can suc- data on an intercept, there must be a strong interest in detailed information cessfully deprive legitimate requests written explanation for why the policy regarding testimony of the weapons of for information pertaining to a matter center or policymaker is seeking that mass destruction in Syria that was to that is before us, particularly one that information; is that not correct? be the subject of congressional testi- invokes as much debate as this nomi- Mr. ROCKEFELLER. That is correct. mony by Mr. Bolton. That information nation has, then we all suffer. Whether And that is not available. is also being sought. you are for Mr. Bolton or against Mr. Mr. DODD. That was my second ques- I commend and thank the majority Bolton is not the point. The point is, tion. Was that available to the ranking leader, by the way. Earlier today in my we ought to have a right to have infor- member and the chairman of the Intel- conversations with him, I expressed mation given to us, under controlled ligence Committee? that I had no desire to filibuster this circumstances—not to the availability

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5903 of every Member under every cir- That is not going to be that hard. It one voice: We support the nominee—if cumstance but we have set up mecha- could be done in a matter of hours, and we do—but, Mr. President, in your ad- nisms which allow us to have informa- we could then vote on Mr. Bolton’s ministration, it is appropriate that you tion to determine its relevancy to nomination by tomorrow afternoon, up be forthcoming on the request. something such as this. or down, one way or the other. I would There is the chairman of the Intel- Consider, if you will—I am speaking hope my colleagues would join in this ligence Committee and the ranking hypothetically now, obviously—that effort. If we tell the administration as member, and there is the chairman of the administration deprives us of this a body that we have a right to this in- the Foreign Relations Committee and information, the Senate invokes clo- formation, I would wage anything to the ranking Democrat—four Senators. ture, and there is then a vote to con- my colleagues that the administration For them to get the unredacted firm Mr. Bolton and in a matter of would be forthcoming with it. It is be- versions of these intercepts and the in- days or weeks we discover that the cause they believe there are more than formation regarding Syria is not some very information requested is so dam- 40 Senators here who will vote to in- breach of intelligence. Remember, Mr. ming that every Member of this body voke cloture that they will not provide Bolton and his staff had access to this would have been against the nomina- the information. The minute they information. They could read those tion had they known the information think we might insist upon seeing it, I names. They know what is in it. Does at the time of the vote. There is the think the information will be forth- some Under Secretary of State have possibility of that, I would suggest to coming. more rights than the Senator from Vir- my colleagues, or I would not have re- There are those who have told me, by ginia or the Senator from Minnesota or quested the information. the way, as a general matter that while the Senator from Connecticut or the How would we feel institutionally at this was an extraordinary request in Senator from Kansas? I don’t think so. that point if we did not stand up for some sense, in others it may not have The PRESIDING OFFICER. The time ourselves as Senators in insisting that been an extraordinary request. I am of the minority has expired. this administration—or any adminis- thinking about Mr. Bolton’s request Mr. DODD. Mr. President, I will con- tration when there was a legitimate re- now. So there may very well be there is clude just by saying I would hope my quest for information pertaining to a nothing in these requests that should colleagues would consider this, and nomination such as this—ought to be cause any of us any concern. It may be rather than get to the point tomorrow forthcoming, and we ought not to have true, as well, regarding the Syria alle- night of having to invoke cloture, to go through the parliamentary proce- gations. If that is the case, then there would they not even quietly ask the dures and debates and invoking various is nothing to fear by any of this to administration to be forthcoming? We tactics in order to put pressure, in bring it up. But in the meantime, insti- do not need to go through this. We order to get this information? It seems tutionally, in my view, as Senators could have a vote on Mr. Bolton up or to me that ought to be forthcoming. representing a coequal branch of Gov- down tomorrow afternoon, one way or For those reasons, I am grateful to the ernment, when there is a legitimate re- the other, and avoid this precedent-set- majority leader for transmitting the quest for information and an appro- ting circumstance where legitimate in- request. priate and proper means by which we formation is not forthcoming. That is I have also said, just to complete receive and handle that information, it the point I wanted to make this this, that if, in fact, cloture is invoked, ought to be forthcoming. When we fail evening. that then I am prepared to vote imme- to insist upon that, in any administra- I thank the Chair and thank my col- diately thereafter on the Bolton nomi- tion, we weaken the ability of this leagues. nation. To make my point, I am not place to do its job. That is really what The PRESIDING OFFICER. The Sen- anxious for an extended debate or fili- is at stake in the debate here more ator from Minnesota. buster beyond cloture. Obviously, if than anything else at this moment. Mr. COLEMAN. Mr. President, I will cloture is not invoked, then my as- Now, there will, obviously, be further speak very briefly and yield to my col- sumption would be the matter would debate about Mr. Bolton. We all know league from Virginia. go over until after the Memorial Day that. We have been through it. Those of Mr. President, I would note that the recess, in which case we might have us who serve on this committee have chairman of the Intelligence Com- some additional time to solicit the in- had hours of debate on this issue. I sus- mittee is here, and I suspect he will re- formation we are seeking. pect my friends from Virginia and Min- My preference would be we get the nesota could quote my remarks about spond to some of these issues. information. We still have time. It is Mr. Bolton, as I could theirs. We have There is just one point the distin- only 5:30 in the evening tonight. If the listened to each other for countless guished Senator from West Virginia administration would say: Listen, we hours about this issue. Our colleagues raised again and again, and I just want can give you this information—even if will soon get the benefit of these re- to make the RECORD very clear; that is, we do not get it until tomorrow morn- marks as we repeat them again in the again, he stated that it is clear, in his ing, there ought to be adequate enough next 24 hours or so. words, that the Under Secretary criti- time, from tomorrow morning to the That is not the issue tonight for this cized this employee ‘‘because his anal- afternoon, by the appropriate commit- Senator. The issue for this Senator to- ysis did not support Bolton’s view.’’ I tees to go over the unredacted versions night is, does the Senate, as a body, want to make it clear, the record does of this—by the way, not crossing out when there is a nomination before it— not support that. In fact, it was very the names of the very people we want when there is critical information that clear that John Bolton said to the in- to know—who they are—in addition to serious Members of this body believe is telligence analyst: the rationale for the request, so we can pertinent to the debate before us— You are welcome to disagree with me, but make a determination as to whether should we have the ability under con- not behind my back. those intercepts, and the requests of trolled circumstances to access that in- That is what this was about. In fact, them, have pertained to Mr. Bolton’s formation? If my colleagues believe the the analyst himself gave some con- determination to punish certain people answer is no and the administration is flicting reasons of why he did not tell in the intelligence branch of the State not forthcoming, then you ought to in- Bolton that he had tubed his language Department because of their analysis voke cloture. If you believe we ought before he sent it around. He never told that Mr. Bolton had some difficulty to have a right to this information, him that. That is what this is about. In with. even though you support the nominee, fact, when the analyst was asked Also, of course, there is the request as a matter of principle, as U.S. Sen- whether he disagreed with the state- that Senator BIDEN is calling upon; ators charged under the Constitution ment ‘‘You are welcome to disagree that is, whether there was some effort to be responsible for the confirmation with me’’—it is Bolton speaking to the here to cook up the books regarding of high-level Federal employees and analyst—‘‘but not behind my back,’’ the weapons of mass destruction or the nominees, then it seems to me our an- his comment was, ‘‘That does ring a allegation of weapons of mass destruc- swer, despite our views about the nomi- bell.’’ So that is what this is about. It tion in Syria. nee, ought to be yes and to say with is about process, it is not about policy.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5904 CONGRESSIONAL RECORD — SENATE May 25, 2005 The last thing I would note is that we Mr. ROBERTS. I thank the Chair. I This morning, I sent a letter back to have had 10 hours of hearings, 35 sepa- certainly thank the distinguished Sen- Senator LUGAR detailing my findings rate staff interviews, 2 business meet- ator from Virginia. This is sort of a and conclusions. This letter, which was ings, 29 different people producing 1,000 quandary for me in that sitting in my also provided to Senator BIDEN, pro- pages of transcripts and 800 pages of office listening to the debate, I was vides the rest of the story. With your documents from the State Department. having a hard time putting two and indulgence, I will read my letter into This individual has gone through a two together with my understanding of the RECORD, as addressed to the Honor- very thorough review. what the Intelligence Committee de- able RICHARD G. LUGAR, chairman of I appreciate my colleague from Con- termined—not the committee but the the Committee on Foreign Relations. necticut not holding us up. vice chairman and myself. And in lis- It reads: Clearly, if cloture is invoked, we tening to the statements, they just Dear Mr. Chairman: could wait another 30 hours. I thank didn’t jibe. It is not my intent to per- I write in response to your April 28, 2005 him for that. But the record is clear it jure the intent of the distinguished letter asking this committee to examine a is time to move forward. vice chairman, but I sure have a dif- number of intelligence-related issues that With that, I yield the floor. ferent take on this. I think it is sup- have been raised during the Committee on The PRESIDING OFFICER. The Sen- ported by facts. Foreign Relations’ consideration of the nom- ator from Virginia is recognized. I am rising in the hope of providing ination of Under Secretary John Bolton to be the United States Representative to the Mr. ALLEN. Mr. President, I thank some clarification surrounding one of my wonderful colleague from Min- United Nations. My hope was to respond the issues related to the nomination of jointly with Vice Chairman Rockefeller. nesota, Senator COLEMAN, for his John Bolton to be U.S. ambassador to rebuttals of what has been said. As While we both agreed there was nothing the U.N. within the contents of the intelligence re- Senator COLEMAN and I have listened On April 28, the vice chairman and I, ports in question that caused us any concern, to this in the Foreign Relations Com- Vice Chairman ROCKEFELLER, received we were unable to agree on a final text in re- mittee for many weeks—and all of a letter from the distinguished chair- sponse. these different issues and allegations man of the Foreign Relations Com- This was not for lack of trying. One and charges that have been refuted—we mittee, Senator LUGAR. In that letter, day, 2 days, 3 days, a week, I think it understand that what we are now off on the chairman asked the Senate Intel- was 10 days, trying to work out a joint are the detours and tangents, avoiding ligence Committee to look into all in- letter. It just didn’t happen. So we the reality and what is important; that formation surrounding the process by have two versions. I don’t quite under- is, John Bolton being the right person which Mr. Bolton, between the years stand why, but especially since we both to bring accountability, being a watch- 2001 and 2004, requested the names of met with General Hayden, who is the dog for the $2 billion the American tax- U.S. persons that had been redacted Director of National Intelligence and payers send to the United Nations from various intelligence products. The who was the head of the NSA and, as every year. The United Nations ought Intelligence Committee was asked to such, is the head of intercepts and sig- not to be a front for terrorist organiza- solicit all information regarding the nals intelligence. tions or anti-Americanism. I might say right now that I really do John Bolton has a record of perform- process by which Mr. Bolton’s requests not like this business of coming to the ance that is exemplary, from the Pro- were handled, the contents of the re- floor of the Senate and talking about liferation Security Initiative to repeal- sponses, and the process by which they signals intelligence and intercepts. ing the odious resolution that likened were communicated, as well as any Zionism to racism. They don’t want to conclusions reached by the appropriate That causes me great concern. It is of talk about the United Nations and the intelligence agencies or elements the highest classification. reform that is needed. thereto as to any violations of proce- I continued to Senator LUGAR: They talk about John Bolton being dures or directives or regulations or Nevertheless, I am going to convey to you straightforward. He is straightforward. law by those with knowledge of Mr. my findings and conclusions. After completing an examination of these He is not going to get seduced by the Bolton’s requests. That was a pretty clear letter. That sets out some pretty issues I have found no evidence that there flowery language and pontifications of was anything improper about any aspect of bureaucrats internationally. He is clear questions. Mr. Bolton’s requests for minimized identi- going to advance freedom and the in- It is my understanding that the vice ties of U.S. persons. I further found no viola- terests of the United States and get chairman of the committee, the distin- tions of procedures, directives, regulations other countries to join us. guished vice chairman and a person or law by Mr. Bolton. Moreover, I am not Having been a quarterback, there is a whom I respect, Senator ROCKEFELLER, aware that anyone involved in handling key player you always want to put in sent his own letter to Senator BIDEN these requests had any concerns regarding when you want to refute allegations of with a different interpretation of the these requests at any point in the process. the side in opposition. I note that all of issues than I have described. I also un- State Department records indicate that Under Secretary Bolton’s office did request derstand that Senator BIDEN read that these individuals who have been criti- the minimized identities of U.S. persons that cizing Mr. Bolton, before they heard letter on the floor this afternoon. I re- are contained in the National Security Agen- any of these allegations about inter- gret that a meeting in the Intelligence cy signals intelligence products on ten sepa- cepts, anything about the sensibilities Committee did prevent me from re- rate occasions. Every request was processed of different Government officials being sponding at that particular time, but by the State Department’s Bureau of Intel- offended by Mr. Bolton, all of them— since the distinguished vice chairman ligence and Research. Senators BIDEN, BOXER, KERRY, DODD, has made his remarks and his interpre- The acronym for that is INR. SARBANES, and ROCKEFELLER—in 2001, tation, perhaps this timing is even bet- In each case, INR personnel followed stand- voted against Mr. Bolton in his posi- ter. But what I don’t understand is why ard procedure by preparing a written request tion as Under Secretary before they the distinguished Senator from Dela- which included a justification for the re- heard any of these allegations. ware read only one of the letters from quest. Now to talk about and to present the the vice chairman when he had both in INR sought the identities on behalf of Sec- facts on this latest fishing expedition his possession. retary Bolton’s office in each instance to Nevertheless, in his letter of April 28, better understand or assess the foreign intel- that we are hearing from the opposi- ligence value of the information that was tion of Mr. Bolton insofar as the con- Senator LUGAR asked the Intelligence contained in these documents. Senior INR versations, the perfect person to speak Committee to assist the Foreign Rela- officials were then responsible for deter- on this and to answer the issue is the tions Committee in ascertaining the mining whether the requests were reason- chairman of the Intelligence Com- facts. This is what I attempted to do, ably related to Under Secretary Bolton’s mittee, Senator ROBERTS of Kansas. He and I think my letter certainly speaks area of responsibility. will rebut the allegations so far as for itself. Unfortunately, I believe that Continuing my response to Senator matters dealing with intelligence are the vice chairman’s account did omit LUGAR: concerned. some important facts which I believe In every instance, they were so determined The PRESIDING OFFICER. The Sen- give a much clearer picture of what ac- and electronically transmitted to the NSA ator from Kansas is now recognized. tually took place. for approval. The NSA approved all ten of

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5905 Mr. Bolton’s requests and transmitted its re- not the targets of foreign intelligence collec- any guidance from INR or the NSA, dis- sponses to [the State Department and the] tion, their identities are, as a matter of pol- cussed the U.S. person identity contained in INR. INR officials then notified Mr. Bolton’s icy, redacted or minimized to protect their the 20 February 2003 Information Memo- staff that they had received the responses privacy. When an intelligence analyst or pol- randum with one other individual. and made them available. icymaker determines that a U.S. person This has been pointed out as a big Committee staff interviewed INR analysts identity is necessary to better understand deal by the vice chairman and my good and NSA officials responsible for processing and assess the intelligence value of the infor- friends across the aisle. the requests for the identities of U.S. persons mation, they are permitted to request that contained in signals intelligence products. identity. The NSA evaluates that request This particular individual was the person None of the individuals interviewed indi- and either grants it or denies it. As already referenced in the report. This person worked directly for Under Sec- cated that there was anything improper or discussed, all of Mr. Bolton’s requests were retary Bolton, possessed the necessary secu- inappropriate about Mr. Bolton’s request. reviewed by both the INR and NSA and were rity clearances, received and read the same We were also briefed by General Michael granted. intelligence report in the course of his du- Hayden, former Director of the NSA and cur- In the course of our review, we found that ties, and understood that he was the U.S. rent Principal Deputy Director of National the Assistant Secretary for INR requested person referred to therein. Intelligence— the identities so that they could be passed to Under Secretary Bolton. The NSA provided I don’t see what the problem is in He is a man who I think gives the that regard. Is this the big problem best briefing of anybody in the intel- the U.S. person identities to the INR in the form of Information Memoranda addressed here that somebody is alleging illegal ligence community, and who was ap- to the Assistant Secretary for INR. We were activities? By the way, the first time I proved in regard to his nomination to provided a copy of one of the memoranda, learned about that was reading about that position by unanimous consent by dated 20 February, 2003. This document in- it in the New York Times, as opposed this body. cluded a paragraph which stated: to reading the letter disseminated by ‘‘You may disseminate the information as He also stated that Under Secretary Senator ROCKEFELLER to the distin- Bolton’s requests were not only appropriate, requested, provided it retains the classification as stated in paragraph two above. Re- guished vice chairman of the Senate but routine. In fact, INR records indicate Foreign Relations Committee. that since May 2001, INR submitted 489 other quest no further action be taken on this in- requests for minimized identities. formation without prior approval of NSA.’’ The NSA request that recipients of information about specific identities of U.S. per- John Bolton requested 10. Now, that is important—‘‘request no further action be taken on this infor- sons take ‘‘no further action’’ with regard to Finally, the Vice Chairman and I reviewed the information provided is driven by con- all ten documents— mation without prior approval of cerns about the privacy rights of named indi- NSA.’’ We reviewed the intercepts. That is viduals. These privacy concerns do derive what we are supposed to do. That is the The NSA confirmed that it uses standard from Attorney General-approved minimiza- dissemination guidance language in response tion procedures which regulate the collec- job of the Intelligence Committee. It is to customer requests for release of identi- tion, processing, retention, and dissemina- limited to only us two, and for darn ties. We were also told that Mr. Bolton was tion of information to, from, or about any good reason, because of the classified not provided the 20 February 2003 Informa- U.S. persons. The request is also prompted nature of the subject at hand. tion Memorandum containing this language. by concerns about protecting intelligence —containing the references to U.S. persons Upon further inquiry, we learned INR does sources and methods. that generated Under Secretary Bolton’s re- not provide the NSA transmittal sheets con- Not to mention the chilling effect it quests. The documents we received did not taining the U.S. person information, or the would have in regards to all intel- contain the actual identities of the mini- handling information contained therein, to ligence analysts. mized U.S. persons. After reviewing the con- the requesters of the identities, nor does it specifically instruct the requester on the Mr. Bolton’s actions in this instance would tent of each report, however, it was apparent not implicate any of these concerns. He dis- to us both— handling of such information. The INR passes U.S. person identities verbally, with- cussed the identity with the actual named This is my recollection of the meet- out any further guidance. The NSA expects person who was not only fully cleared to re- ing, and I cannot conceive of any other the INR to provide specific handling instruc- ceive the information, but already possessed recollection that is accurate. tions at the time INR provides the identity the same information. It is also important to to the requester. note that the NSA’s guidance is formulated —that it was not necessary to know the ac- as a ‘‘request,’’ not a mandate. When asked tual names to determine whether the re- Not only did INR not provide such instructions to Mr. Bolton, it does not provide them why the NSA ‘‘requests’’ rather than requests were proper. quires, that ‘‘no further action’’ be taken Ultimately, I found no basis to question to anyone. Also, it has never established any formal procedures to train or educate re- with a U.S. person identifies without prior the justification for, or the appropriateness approval, the NSA responded by stating that of, Mr. Bolton’s requests for the identities of questers Department-wide on the appropriate handling of U.S. person identities. the language is now ‘‘currently under re- U.S. persons contained therein. view.’’ This came as somewhat of a shock to I continue in my letter to Senator So it is a pretty nebulous standard me, and it is something we have to re- LUGAR: we are referring to in terms of any al- view in the Intelligence Committee. Further, General Hayden informed us that leged misconduct. In fact, in the case of the 20 February 2003 it is not uncommon for senior government I intend to work closely with the Director memorandum, the INR did not pass the iden- officials above the rank of Assistant Sec- of National Intelligence to ensure that our tity directly to Under Secretary Bolton, but retary to make such requests. It is worth intelligence agencies and elements are doing rather passed it to an individual within his noting that Mr. Bolton did not request the everything they can to assist and educate office, an action which violated the express identity of every U.S. person referenced in the requesters of U.S. person identities in dissemination guidance contained in the In- the documents which would have been his the proper handling and protection of this formation Memorandum. The Assistant Sec- prerogative. information. We must do everything we can retary at the time of this violation was Carl to not only protect the privacy of our citi- I can remember the distinguished Ford. zens, but to protect and preserve intelligence vice chairman’s comments indicating The NSA did not in this particular in- sources and methods. they didn’t even ask for all of them. stance, and does not as a matter of course, While I found that Mr. Bolton’s conduct do anything to ensure that its dissemination I do not think you will find any quar- was entirely appropriate and consistent with guidance is actually followed by the Assist- rel among anyone on the Intelligence the protection of intelligence sources and ant Secretary for INR or any official in any Committee or the vice chairman or methods, I did find that there are significant other Department government-wide. myself on that. deficiencies in the process by which U.S. per- The NSA depends upon the recipient to It is for this reason that I was a bit sur- son identities are provided to requesters of provide specific handling instructions to the prised and dismayed when a member of your such information. requester and to handle the information ap- committee— propriately and in accordance with instruc- We have had a lot of discussion about tions. It appears that Assistant Secretary Again, this is the letter that I sent to questioners. Carl Ford did neither in this case. The INR’s Senator LUGAR— As your committee has now learned, a re- failure to instruct the recipients of U.S. per- broached this issue in the course of your quest for a U.S. person identity is a routine son identities on their proper handling has public confirmation hearings. Normally, in- occurrence in the intelligence process. The left the State Department officials essen- telligence sources and methods are discussed incidental collection of U.S. person identi- tially to fend for themselves. in closed session to protect our continuing ties is a fact of life in the signals intel- During the course of this review, we ability to collect the intelligence we all ligence business. Because U.S. persons are learned that Mr. Bolton, in the absence of agree is so vital to our Nation’s security.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5906 CONGRESSIONAL RECORD — SENATE May 25, 2005 As is often the case, some individuals, who that they sometimes disagree with us I stand the information upon which they are not familiar with intelligence issues, per- find fine.’’ base those judgments, and form my ceive that something is unusual and con- That is a little slightly different take own opinions about gaps in their logic. cerning when, as in this instance, it is actu- on what we have been hearing so far. I The vice chairman and I have agreed ally very routine. That is why the U.S. Sen- guess what Mr. Ford meant to say—and ate created the Intelligence Committee to on that, to look at every capability we deal with these issues in an informed, re- he has been before the committee have in regard to national security sponsible, and secure manner. It is my hope, many times; he is a fine man—is that threats. Do we have the intelligence in the future, intelligence issues will be dis- it is fine to disagree with intelligence capability? Do we have the collection? cussed in executive session so that we can analysts as long as you are not John Do we have the analysis? Is there a protect what are vital national security as- Bolton. I only highlight some of the consensus threat analysis that makes sets. things to emphasize that there seems sense? Are there gaps? I appreciate your recognition of our unique to be a double standard for this par- We do not want to repeat past mis- ability to assist with intelligence-related issues as you consider this very important ticular nominee. takes. I am not going to go down the nomination. We take very seriously our With the indulgence of my col- laundry list, starting with Khobar oversight responsibilities and our obligation leagues, I would also like to address Towers and ending up with 9/11 or the to protect highly sensitive intelligence infor- some additional misperceptions about Madrid bombing or whatever it is we mation. Your consideration of our duty to the intelligence community that were are talking about, or the USS Cole. We protect intelligence sources and methods is published as minority views in the Sen- have to put that one in. greatly appreciated. ate Foreign Relations Committee re- So basically I resent any suggestion Sincerely Pat Roberts, Chairman. port on Mr. Bolton’s nomination. The that this performance of my duty is With a copy showing to the Honor- minority claims that policymakers somehow improper. I do not think that able JOSEPH R. BIDEN, Jr. should be restricted from making pub- is right. Intelligence is a serious busi- Mr. President, I said I beg your indul- lic statements that ‘‘defame U.S. intel- ness, dealing with life-and-death issues. gence in the reading of that entire let- ligence agencies.’’ I find this to be a In my experience, our intelligence ana- ter on the floor of the Senate. That is rather absurd concept. lysts understand this. They know that the text of the letter I did send back to I do not know how one ‘‘defames’’ an defending their views is vital to the Senator LUGAR and obviously copied to entire Government agency, but I do process and are fully capable of doing Senator BIDEN as of this morning. know that criticism played a vital role so. These are individuals who work Why my colleagues chose to give you in our collective effort to reform the every day to defeat terror and defend only part of the story is a question intelligence community and demand our national security. They are tough only they can answer. I have my think- change for failure. I am not aware of and they are good. They are not deli- ing about that, but I am not going to any special status that insulates mem- cate, hothouse flowers unable to defend go into that on the floor of the Senate. bers of the intelligence community their views or take criticism. They are, I also would like to add a bit of tex- from criticism, nor should there be. however, humans involved in a fun- ture to some of the statements that That should be a slam dunk. damentally human process. Intel- have been made here today in regards I am also unaware of any special sta- ligence analysts can make mistakes to Mr. Carl Ford of ‘‘kiss up and kick tus that prevents intelligence analysts and their judgments are not immune down fame.’’ That has been quoted a from having their views or actions from their own biases. lot. Mr. Ford has made a number of challenged by policymakers. Intel- Intelligence assessments should in- other statements that I think are rel- ligence analysis is not an exact form policy, not dictate it. Ultimately, evant to these issues raised by my science. Intelligence analysts are not as policymakers we need to understand friends in opposition to Bolton’s nomi- infallible and their assessments are not that intelligence is merely a tool that nation. unassailable. While the intelligence at times can have great value as well For example, on page 276 of the Sen- community has had many successes in as serious limitations. ate Intelligence Committee’s Iraq the past few years for which it should, If we are going to make an informed WMD report, Mr. Ford addressed the and can, be proud—there are many judgment of Mr. Bolton’s fitness for issue of whether it was appropriate for good things they have done in pro- this position, please, I implore my col- policymakers to view intelligence as- tecting the homeland and providing leagues, let us do it based upon all the sessments with skepticism. real-time intelligence to the facts known to us, not just the facts we I will just tell you that every mem- warfighters—astounding failures, such like or pick out. ber of the Intelligence Committee now, as 9/11 and Iraq, should make it clear In conclusion, I have looked at the after our WMD report, does not take that the intelligence community does intercept issue and allegations sur- anything at face value, and I think make mistakes. rounding Mr. Bolton’s management that has helped. We just had a hearing I often lament that policymakers did style. I have found nothing which today in which we had a response that not ask enough tough questions about would give me pause in voting for his I think was certainly more candid: Tell Iraq’s suspected WMD programs prior confirmation. I support the Bolton me what you know; tell me what you to the war. Let me just say that per- nomination. I urge my colleagues to do don’t know; tell me what you think. I sistent questioning to an analyst is not the same. think there has been a historic change viewed by the analysts, in the 250 ana- I yield the floor. in the intelligence community as a re- lysts we interviewed, as being pres- Mr. DODD. Will my colleague yield sult of our report and the WMD Com- sured. If anything, we should be asking before he leaves the floor? mission, appointed by the President more questions. If anything, several Mr. ROBERTS. Sure. Why not. and the 9/11 Commission, in the inter- members of the Intelligence Com- Mr. DODD. I thank my colleague for est of all Senators. mittee, whom I admire and respect and doing so. Let me preface my question Mr. Ford said if a policymaker ‘‘be- am very proud to be their chairman, to him by telling him how much—as I lieved everything that the intelligence ask more repetitive questions of wit- said to Senator ROCKEFELLER, I have community told him, including what nesses every time we have a hearing great admiration and respect for the INR tells him, he’d be a fool. You than people are complaining about in work the chairman and the ranking should know better than anybody that this particular case. member do. a lot of the stuff we turn out is’’—well, Perhaps, if we all had been more dili- Mr. ROBERTS. I thank the Senator I am going to change the name. I am gent, the intelligence community for his comments. not going to say what is here. I am would have been more attuned to the Mr. DODD. It is a very difficult com- going to say it is a lot of what we have gaps in its information and more accu- mittee and I respect immensely my in our Dodge City feedlots—‘‘and that a rate in its judgment. I, for one, now colleagues’ efforts there. I note in my policymaker who sticks to that intel- make it a point to repeatedly and per- friend’s letter which he has provided ligence, I don’t even want to be in the sistently question analysts who come and read in detail to us, there was a same room with. They’ve got to know before our committee to ensure that I reference—and to be quite candid, I the stuff isn’t that good. So the notion understand their judgments, under- think I am the Senator the Senator is

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5907 referencing here because I am the Sen- Mr. DODD. I agree with my col- open discussion of things of this na- ator who raised the question during the league. ture, not the Senator from Con- Foreign Relations Committee con- Mr. ROBERTS. It was only Senator necticut. firmation hearing of Mr. Bolton. Here ROCKEFELLER and myself who were Mr. COLEMAN. Will my colleague my colleague says, and I am quoting briefed by General Hayden, and that from Kansas yield? now from page 4, the last paragraph of was a very good meeting. We went over Mr. ROBERTS. I would be happy to the Senator’s letter to Senator LUGAR, virtually every intercept, as it should yield. and I am getting down near the end of be. That was my point. That is what Mr. COLEMAN. I take it my col- it, maybe the last sentence of that the Intelligence Committee does. It is league from Kansas was not at the paragraph: It is for this reason that I accepted practice for the full com- business meeting when the Bolton was a bit surprised and dismayed when mittee, which many members of the nomination was discussed. My col- a member of your committee—speak- full committee have trouble under- league from Kansas was not at the ing of this Senator—broached this standing, that only the vice chairman hearing where the Bolton nomination issue in the course of your public con- and the chairman have access to this was discussed. I do not know if it would firmation hearings. Normally intel- kind of highly compartmented mate- surprise my colleague to note that in ligence sources and methods are dis- rial. So when this kind of thing is ban- the business meeting, other Senators, cussed only in closed session. died about on the floor in a generic not the Senator from Connecticut— I will ask unanimous consent that way, it causes me great concern. this issue of intercept was raised again the transcript of the question I raised Mr. DODD. Well, I understand that. by another Senator and a similar ques- to Mr. Bolton at that particular time It is just that this Senator in this— tion was asked. So it is not just the be printed in the RECORD. The PRESIDING OFFICER. The Sen- Senator from Connecticut who raised The question was basically a very ator from Kansas controls the time. the issue during the questioning of Mr. simple one. The question was: I want to Mr. DODD. If he would yield, this Bolton. know whether you requested to see sentence in this letter suggests that But, in fact, during the business NSA information about other Amer- this Senator—because I am the one meeting this came up again and again. ican officials? That is the question. who asked the question—crossed the I presume my colleague from Kansas There was no reference to sources and line. Let me read my whole question. must have been informed of that, to methods. A simple question: Did you Mr. ROBERTS. I am not referring to raise the level of concern he has. request to see this information, yes or the Senator from Connecticut by name. Mr. ROBERTS. I thank the Senator no? And he went on to answer the ques- OK? for his clarification. Mr. DODD. I am the only one who Mr. DODD. If my colleague will yield tion. Now, I ask the chairman of the Intel- asked the question that day. for just one additional point. I agree ligence Committee, is that an inappro- Mr. ROBERTS. Pardon me? with respect to General Hayden as priate question to ask of a nominee? It Mr. DODD. I am the only one who well. I noted because I watched the was a simple question: I want to know asked the question of Mr. Bolton. I hearing—our colleague from Michigan whether you requested to see NSA in- asked the question in this way: I want is here and participated in the hear- formation about any other American to read the question because I want to ing—when General Hayden, in his con- officials? Mr. Bolton’s answer is: Yes, make sure I do not overstep a line here, firmation hearing, was before the on a number of occasions I can think and then I asked the question: Did Armed Services Committee, there was of, and he goes on to talk about it. you . . . a rather extensive discussion with Gen- My point of your letter is, there is a My concern is that there is a sugges- eral Hayden about the whole issue of discussion that this Senator was acting tion, as the one who asked the ques- intercepts. General Hayden was very inappropriately because I was seeking tion, that I had somehow—and I do not forthcoming in that discussion about methods and sources. The only ques- disagree with my colleague, by the it. I have great respect for him as well. tion I asked of Mr. Bolton in that pub- way. About the Web site here, I ask unani- lic hearing was: Did you make such a Mr. ROBERTS. Reclaiming my time, mous consent to have printed in the request? Does my colleague believe I I think I addressed the Senator’s per- RECORD the Web page for the National was violating some procedures regard- sonal concern. The Senator knows me Security Agency, the page headed, ing the gathering of intelligence by well enough to know that when I say I ‘‘Signals Intelligence.’’ asking that simple question? am not accusing him personally of any- There being no objection, the mate- Mr. ROBERTS. I would never raise thing that would be inappropriate, I rial was ordered to be printed in the the question about my colleague and have stated I am talking about open RECORD, as follows: friend about acting inappropriately, es- discussion of intelligence information, SIGNALS INTELLIGENCE pecially in regard to intent. I am con- quite frankly, not only in this nomina- The National Security Agency collects, cerned about us talking about inter- tion process but in the Intelligence Au- processes and disseminates foreign Signals cepts and all of this that I went thorization Act in regard to a whole se- Intelligence (SIGINT). The old adage that through in the letter on the Senate ries of other subjects I will not go into, ‘‘knowledge is power’’ has perhaps never floor. I am concerned about many that many people have spoken to on been truer than when applied to today’s things that have been talked about the floor, many people have talked to threats against our nation and the role the press about, and I do not think it is SIGINT plays in overcoming them. publicly, quite frankly, leaks that ap- NSA’s SIGINT mission protects the nation peared in the press that I find out appropriate. by: about later as chairman and have to I will say again, I am not accusing Providing information in the form of address. I cannot speak to them be- the Senator of anything inappropriate. SIGINT products and services that enable cause they are classified. It is the clas- I think from the whole standpoint of our government to make critical decisions sic case of Catch-22, where something this body, subjects such as this should and operate successfully. appears in the press or perhaps some- be done in executive session. I think Protecting the rights of U.S. citizens by body says something on the floor inad- that because of all the problems we adhering to the provisions of the 4th amendment to the Constitution. vertently—if it is done on purpose, that have had in regard to leaks and in re- Using the nation’s resources responsibly, is another matter. That can be referred gard to information that is not helpful according to the best management processes to the Ethics Committee—and that cer- to our national security. That is about available. tainly is not the case in terms of my as far as I will go with it. I could go SIGINT is derived from the signals envi- distinguished colleague. Then comes through quite a laundry list of con- ronment that is described by the graphic sort of a feeding frenzy and we end up cerns I have of things that have been above. Other agencies within the Intel- with things that should not be in the made public and what has happened in ligence Community are responsible for other types of intelligence: public discourse that are highly classi- regard to our adversaries, what has Human Intelligence (HUMINT) is primarily fied, highly compartmented. Signals happened in regard to our intelligence the responsibility of the CIA and DIA, intelligence is one of the highest com- capability, and I worry about it. So my Imagery Intelligence (IMINT) belongs to partmented topics we deal with. concern was basically the continued NGA,

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5908 CONGRESSIONAL RECORD — SENATE May 25, 2005 Military Intelligence and Measurement classified and sensitive information that is word it very cautiously and caution and Signature Intelligence (MASINT) be- stored or sent through U.S. government myself not to go over a line in asking longs to DIA. equipment. IA professionals go to great the question. Together, these different yet complemen- lengths to make certain that government Mr. ROBERTS. I only wish all Sen- tary disciplines give our nation’s leaders a systems remain impenetrable. This support ators would have the same caution. I greater understanding of the intentions of spans from the highest levels of U.S. govern- our enemies. ment to the individual warfighter in the thank the Senator for his personal NSA’s SIGINT mission provides our mili- field. comments in my regard. tary leaders and policy makers with intel- NSA conducts one of the U.S. govern- I think he has made his point. As the ligence to ensure our national defense and to ment’s leading research and development farmer said as he crawled through the advance U.S. global interests. This informa- (R&D) programs. Some of the Agency’s R&D barbed-wire fence: One more point and tion is specifically limited to that on foreign projects have significantly advanced the we will be through. powers, organizations or persons and inter- state of the art in the scientific and business I suspect that you are through, and national terrorists. NSA responds to require- worlds. since I yielded back my time about 10 ments levied by intelligence customers, NSA’s early interest in cryptanalytic re- minutes ago, I yield it back one more which includes all departments and levels of search led to the first large-scale computer the United States Executive Branch. and the first solid-state computer, prede- time. The prosecution of the SIGINT mission has cessors to the modern computer. NSA pio- Mr. LEVIN. Mr. President, I ask evolved from the relatively static, industrial neered efforts in flexible storage capabilities, unanimous consent I be allowed to pro- age, Cold War communications environment which led to the development of the tape cas- ceed for 20 minutes. I am very sorry to the ubiquitous, high speed, multi-func- sette. NSA also made ground-breaking devel- the Senator from Kansas left. Let me tional technologies of today’s information opments in semiconductor technology and first ask unanimous consent I be al- age. The ever-increasing volume, velocity remains a world leader in many techno- lowed to proceed. and variety of today’s communications make logical fields. Mr. COLEMAN. We have no objec- the production of relevant and timely intel- NSA employs the country’s premier tion. ligence for military commanders and na- cryptologists. It is said to be the largest em- The PRESIDING OFFICER. Without tional policy makers more challenging than ployer of mathematicians in the United objection, it is so ordered. ever. States and perhaps the world. Its mathe- NSA has a strong tradition of dedicated, maticians contribute directly to the two Mr. LEVIN. I ask unanimous consent highly qualified people deeply committed to missions of the Agency: designing cipher sys- that transcripts of two public hearings maintaining the nation’s security. While tems that will protect the integrity of U.S. where I asked questions of General technology will obviously continue to be a information systems and searching for weak- Hayden, relative to the process of seek- key element of our future, NSA recognizes nesses in adversaries’ systems and codes. ing identification of people who are re- that technology is only as good as the people Technology and the world change rapidly, ferred to or who participate in inter- creating it and the people using it. NSA re- and great emphasis is placed on staying cepted conversations—that those un- mains committed to its core mission of ex- ahead of these changes with employee train- classified, public hearing transcripts, ploiting the Agency’s deep analytical skill ing programs. The National Cryptologic and technological capabilities to ensure the School is indicative of the Agency’s commit- or portions thereof, be printed in the nation maintains a significant strategic ad- ment to professional development. The RECORD. vantage in the advancement of U.S. interests school not only provides unique training for There being no objection, the mate- around the world. the NSA workforce, but it also serves as a rial was ordered to be printed in the As much as modem telecommunications training resource for the entire Department RECORD, as follows: technology poses significant challenges to of Defense. NSA sponsors employees for LEVIN. Thank you. SIGINT, the many languages used in the na- bachelor and graduate studies at the Na- General, this morning’s New York Times tions and regions of the world that are of in- tion’s top universities and colleges, and se- had an article, which troubled me, about the terest to our military and national leaders lected Agency employees attend the various number of times in which communications require NSA to maintain a wide variety of war colleges of the U.S. Armed Forces. that had been intercepted by the NSA were language capabilities. Successful SIGINT de- Most NSA/CSS employees, both civilian released to John Bolton. I was troubled by pends on the skills of not only language pro- and military, are headquartered at Fort the number of times that this happened, fessionals but those of mathematicians, ana- Meade, Maryland, centrally located between frankly. lysts, and engineers, as well. The nation is Baltimore and Washington, DC. Its work- But since you’re here and you’re in a posi- indebted to them for the successes they have force represents an unusual combination of tion to give us some facts on this subject, I won. specialties: analysts, engineers, physicists, want to ask you a number of questions about SIGINT plays a vital role in our national mathematicians, linguists, computer sci- it. security by employing the right people and entists, researchers, as well as customer re- I gather that, according to the article, ac- using the latest technology to provide Amer- lations specialists, security officers, data cess to names may be authorized by NSA ica’s leaders with the critical information flow experts, managers, administrative offi- only in response to special requests, and they need to save lives, defend democracy, cers and clerical assistants. these are not common, particularly from pol- and promote American values. Mr. DODD. It is on public document icy-makers. That’s the quote in there. Is INTRODUCTION TO NSA/CSS and goes on at some length. I am not that an accurate statement? HAYDEN. I think that’s a very accurate The National Security Agency/Central Se- sure, my colleague may want to look description. In fact, I read Doug Jehl’s arti- curity Service is America’s cryptologic orga- at this. Maybe the agencies might be cle. And I think Doug laid it out in a very nization. It coordinates, directs, and per- more careful about what it says here as clear way. forms highly specialized activities to protect well. The way it works, Senator, is that we are U.S. information systems and produce for- The point all along here is the simple required to determine what is minimized eign intelligence information. A high tech- U.S. person identity. Now, there is a whole nology organization, NSA is on the frontiers question whether access to these records will be granted to the appro- body of law with regard to protecting U.S. of communications and data processing. It is privacy. But in an agency like ourselves, it also one of the most important centers of priate Members here in the Senate. I is not uncommon for us to come across infor- foreign language analysis and research with- appreciate immensely what my col- mation to, from or about what we would call in the government. league said here today. He’s a remark- a protected person—a U.S. person. And then Signals Intelligence (SIGINT) is a unique able Senator who does a terrific job, the rules kick in as to what you can do with discipline with a long and storied past. and I thank him for engaging with me that information. SIGINT’s modern era dates to World War II, a bit in this colloquy, but I was con- The rule of thumb in almost all cases is when the U.S. broke the Japanese military that you minimize it, and you simply refer code and learned of plans to invade Midway cerned when I saw that line as somehow being singled out about raising the to named U.S. person or named U.S. official Island. This intelligence allowed the U.S. to in the report that goes out. defeat Japan’s superior fleet. The use of question about whether or not Mr. LEVIN. How often did Mr. Bolton request SIGINT is believed to have directly contrib- Bolton made a request. That is all I the names? uted to shortening the war by at least one asked that day. I knew it was an im- [Crosstalk.] year. Today, SIGINT continues to play an portant matter, and it ought to be HAYDEN. I don’t know. important role in keeping the United States dealt with not in a public setting, that HAYDEN. We would have a record of it. In- a step ahead of its enemies. terestingly enough, I double-checked this, As the world becomes more and more tech- that ought to be done behind closed this morning, after reading the article, just nology-oriented, the Information Assurance doors with the Intelligence Committee to make sure I had this right. Because I did (IA) mission becomes increasingly chal- to go into further detail about what ac- approve, from time to time, the release of lenging. This mission involves protecting all tually went on. That is why I tried to U.S. person identity.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5909 And it’s not very often. I have to do it munications between individuals that I The question is whether or not we when the identity is released to a U.S. law think the committee would be most enthusi- manipulate intelligence or try to ma- enforcement agency. Just done for foreign astic that we were conducting our operations nipulate intelligence by trying to force intelligence purposes, it’s about three layers against. analysts, who are supposed to be objec- LEVIN. And that’s a very, very helpful below me in the NSA rule chart. tive, to reach conclusions with which LEVIN. Was there an unusual number of clarification. accesses requested by Mr. Bolton compared My time is up. Can I just perhaps end this they don’t agree in order to get support to requests from other senior officials? line of questioning? for our own policy positions. That is HAYDEN. I don’t know that, Senator; I Thank you, Mr. Chairman. Thank you. what is unacceptable. It is not unac- really don’t. And the requests from Sec- I think the press has already indicated ceptable to disagree with analysts or retary Bolton were not of such a number that there were apparently 10 requests from not to follow their analysis. That is that they came to my attention. Mr. Bolton. not at all unacceptable. That is what LEVIN. In other words, he obviously made HAYDEN. Yes, sir, I’ve seen that number. policymakers are here for, to make requests. You say that someone other than LEVIN. Ok. Do you know or not the majority of his requests were for persons that were judgments, to pick between analyses. you would have approved those. But what is unacceptable is what Mr. HAYDEN. On a normal basis; that’s right. referred to in the conversation or for a par- LEVIN. But you do have records as to how ticipant in the conversation? Bolton did repeatedly, which is to try often... HAYDEN. Yes, sir. I would like to respond to get analysts, who are supposed to be HAYDEN. Yes, sir; we would. to that for the record in a classified way. objective, fired or removed or trans- LEVIN. Thank you. LEVIN. That’s fine. ferred because they would not come to HAYDEN. I should add: And that’s a for- And the other question that relates not the conclusion to which he wanted mal process. That’s just not a phone call. just to him, but I guess to anybody, the per- them to come. That is the issue here LEVIN. OK, thank you. son who makes this written application for with Mr. Bolton. HAYDEN. It’s documented. the information states specifically what that This administration does not hold LEVIN. Thank you, Mr. Chairman. purpose is that they want that information for. Is that correct? people who politicize intelligence to ROBERTS. Senator Levin, I wanted to let account. Following the major intel- you know that in answer to the number HAYDEN. Yes, sir, Senator. But in all three question that I asked, why the general cases the purpose comes down to the funda- ligence failures before 9/11 and Iraq, the replied in terms of cooperating with the mental principle: I need to know the identity administration has failed to hold any- committee, deal with me to to provide docu- of that individual to understand or appre- body accountable for either failure. In ments or any material requested by the com- ciate the intelligence value of the report. fact, the President gave one of the peo- mittee in order for it to carry out its over- LEVIN. And is that printed there as a pur- ple most responsible for the intel- sight and its legislative responsibilities. We pose, or does that have to be filled in by the ligence disaster before Iraq, the CIA didn’t put a time frame on it, but you have. applicant? Director, a gold medal. Now the Presi- And his answer was an emphatic yes. HAYDEN. Senator, I’m not exactly sure what the form looks like, but I can tell you dent wants to give John Bolton a pro- LEVIN. I appreciate that, Mr. Chairman. motion, although John Bolton has, in Thank you. that’s the only criteria on which we would release the U.S. person information. unconscionable—and I believe even po- 4/21/05 SASC NOMINATION HEARING (NSA LEVIN. But you don’t know how that pur- tentially dangerous—ways attempted INTERCEPTS) pose is stated in these thousands of applica- to get intelligence analysts to shape LEVIN. The Bolton nomination has raised tions? their views to his views and, if they a question about protected U.S. identities. HAYDEN. I’d have to check, Senator. wouldn’t bend, to break them. These are U.S. people who are either partici- LEVIN. Or in Mr. Bolton’s application? We know what happens when intelligence pants in a conversation, communication HAYDEN. Correct. is politicized. Before the Iraq war, ‘‘a slam which is intercepted and included in a LEVIN. Ok. And then once the information dunk’’ was the CIA assessment, although the SIGINT product, where the identity of that is obtained, you do not know the use to underlying intelligence contained nuances, person is blocked, or sometimes, as said, is which that information is put, I gather. Is qualifications, and caveats. Too often the minimized, and is referred to generally as a that correct? CIA told the administration what it thought U.S. person. HAYDEN. No, we would report the infor- the administration wanted to hear. There are also many cases where that per- mation to an authorized consumer in every son is not a participant in the conversation dimension, in terms of both security clear- The July 2004 bipartisan report of the but is referred in a conversation, and the ance and need to know, just like we would Senate Intelligence Committee con- identity of that person is also protected as report any other information. cluded the following: well. LEVIN. But then you don’t know what... Most of the major key judgments in the in- At the Intelligence Committee hearing HAYDEN. No, sir. telligence community’s October 2002 ‘‘Na- with you last week, you said that there’s a LEVIN. . . . that person does with that in- tional Intelligence Estimate, Iraq’s Con- formal written and documented process for formation. tinuing Programs for Mass Destruction,’’ ei- U.S. government officials to request the HAYDEN. No. The presumption, obviously, ther overstated or were not supported by the identity of a U.S. person referred to in a is the individual uses that then to appreciate underlying intelligence reporting. SIGINT process. Is that correct? the original report. LEVIN. Thank you, Mr. Chairman. Just this month, newspapers reported HAYDEN. Yes, sir, that’s correct. on leaked notes from a July 23, 2002, LEVIN. Now, I take it there are a signifi- Mr. LEVIN. The journalist Carl Bern- cant number of requests, a large number of meeting of the British Prime Minister stein once said, ‘‘We have a national and his senior national security staff. requests which come in for the identity of a memory in this country of about 7 min- U.S. person who’s been minimized. According to the note, the head of Brit- Can you tell us whether the majority of utes.’’ Once more, he has been proven ish foreign intelligence told Prime those requests, indeed the vast majority of right. Minister Blair, 7 months before the those requests, are made where the person Here we are, 2 years after one of the war, that President Bush: worst intelligence disasters in our his- identified is not the participant in the con- . . . wanted to remove Saddam through mili- versation, but rather is someone who is re- tory, debating the nomination of a man tary action justified by the conjunction of ferred to in the conversation? to the U.N. ambassadorship, a man who terrorism and WMD. But the intelligence and HAYDEN. Thank you very much for that has a track record of attempting to facts were being fixed around the policy. question, Senator, because when this comes manipulate intelligence by seeking to Those are contemporaneous notes, up—I mean, first of all, to frame the issue for punish intelligence analysts who do me as director of NSA, I mean, the issue here prior to the war against Iraq. Such re- is the protection of American privacy. And not support his view. We are so slow to ports reinforce the view of much of the everything then devolves out of that funda- learn from our history, and we are so world that the administration shaped mental principle: How do we protect U.S. pri- quick to repeat it. intelligence to serve policy purposes vacy? The issue here—and I am sure my and that it strayed from the critical And in the course of accomplishing our friend from Connecticut would agree— principle that intelligence must be ob- mission, it’s almost inevitable that we would is not the issue of whether or not pol- jective, independent, and free from po- learn information about Americans, or to or icymakers have a right to disagree litical influence. from, in terms of communications. with analysts; of course, they do. We The same rules apply, though, in pro- Twenty-five years ago, the Iran- tecting privacy, whether it’s to, from or all should challenge analysts and anal- Contra Committee reaffirmed the prin- about an American. You’re correct. In the ysis. We do not do enough of it. I hap- ciple that, after heavy manipulation of vast majority of the cases the information is pen to agree with the Senator from intelligence by CIA Director Bill about an American being referred to in com- Kansas on that. That is not the issue. Casey:

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5910 CONGRESSIONAL RECORD — SENATE May 25, 2005 . . . the gathering, analysis and reporting of side of the line he must not cross, try- that officer’s analysis—very similar to intelligence should be done in a way that ing to intimidate analysts into shaping what Mr. Ford said at the office of the there could be no question that the conclu- intelligence analyses to his liking, that Assistant Secretary of State: ‘‘in his sions are driven by the actual facts rather is totally impermissible. It is poten- experience, no one had ever done what than by what a policy advocate hopes those facts will be. tially dangerous, and it is clearly on Secretary Bolton did,’’ which was to the wrong side, the unacceptable side, fire an intelligence analyst for what he That was 25 years ago. That was Iran- the intolerable side of the line. had said and done. Contra. That was a bipartisan criticism When he did not receive the analysis In the end, both analysts were sup- of the then-CIA Director Casey. he wanted on Cuba, Mr. Bolton un- ported by their supervisors and they Intelligence must be gathered and leashed a tirade against the intel- rightfully kept their positions. The analyzed in a way that there can be no ligence analyst. only person who should have been fired doubt but that the conclusions are Soon afterwards, he went to see Tom over those incidents was Mr. Bolton. driven by the actual facts, not by what Fingar, the Principal Deputy Assistant Mr. Bolton’s defenders like to claim a policy advocate hopes those facts will for INR, to try to have the analyst re- no harm, no foul. That is, because none be. moved. Mr. Fingar testified that Sec- of his targets were fired despite his ef- It is going to take years of hard work retary Bolton was still visibly upset forts; that everything is just fine. But to regain credibility in our intelligence during their meeting, and he said that the harm is in the attempt. Shooting assessments after the massive failures ‘‘he wasn’t going to be told what he at someone is still a crime even if you in Iraq. The Senate began that work could say by a midlevel INR munchkin miss. As soon as a policymaker threat- with the intelligence reform bill in analyst.’’ ens an intelligence analyst with re- 2004. In that bill, Congress explicitly Mr. Bolton had made clear to the an- moval for disagreeing with that ana- stated that national intelligence alyst he was his boss, and in essence lyst’s analysis, the harm is done. should be ‘‘objective’’ and ‘‘inde- had asked his subordinate: How dare As Mr. McLaughlin testified—and pendent of political considerations.’’ you disagree with your superior? this is something the Senator from That is the law of the land. We require Mr. Fingar then testified that Mr. Kansas either overlooked or ignores. the process to ensure alternative anal- Bolton said he wanted the analyst Listen to Mr. McLaughlin’s testimony: yses within the intelligence commu- ‘‘taken off his accounts.’’ Mr. Fingar It is perfectly all right for a policy- nity. protested and said ‘‘he is our chemical maker to express disagreement with an The nomination of John Bolton and biological challenge weapons spe- intelligence officer or an analyst. And shows a disdain for objective, inde- cialist, this is what he does’’—making it is perfectly all right for them to pendent intelligence and flies in the clear to Mr. Bolton that reassignment challenge their word vigorously. But I think it is different, McLaughlin said, face of the Senate’s effort to reform would really mean termination. Mr. to then request, because of this dis- our intelligence system. Indeed, Mr. Bolton persisted. Bolton is the personification of what The record then shows that Mr. agreement, that the person be transferred. has been wrong with our system. Mr. Bolton sought the analyst’s removal That is the line. That is the line Bolton has a deeply disturbing history two more times over a 6-month period. which Mr. Bolton crossed. That is the of trying to punish intelligence ana- In one of those attempts, Mr. Bolton lysts who do not agree with his views, line that we ought to insist on. Every met with then-Assistant Secretary of Member of this body should insist that of trying to squelch intelligence anal- State for Intelligence, Carl Ford, who ysis and of distorting the intelligence line never be crossed. We ought to pro- later said the following: tect the right of policymakers to dis- community’s view when they do not I left that meeting with the perception agree with his own. agree, to question, and to ignore the that I had been asked for the first time to analysis. We should never condone a He is aggressive about pursuing the fire an intelligence analyst for what he had answer that he wants, regardless of said and done. In my experience no one had policymaker who wants to see an ana- what the objective intelligence ana- ever done what Secretary Bolton did. lyst fired because the policymaker disagrees with that person’s analysis. lysts say, and his actions have had a Months later, Mr. Bolton made yet That is the line which is dangerous to noticeably chilling effect on the intel- another attempt when Neil Silver be- cross because the pressure that puts on ligence analysts that he tries to in- came the analyst’s supervisor. In his the analyst is to come up with the an- timidate and a harmful effect on the testimony to the Foreign Relations swer that the policymaker wants to intelligence process itself. Committee, Mr. Bolton even conceded hear. That is what is dangerous, when Let’s just look at his record. Mr. he was still pursuing the analyst’s we hear an analyst, or you hear a CIA Bolton’s view on intelligence on Cuba transfer. Administrator say it is a slam dunk, can be gained from an e-mail to him In his attempt to manipulate intel- when it isn’t, because he thinks that is from his chief of staff that called the ligence on Cuba, Mr. Bolton also tried what the policy maker wants to hear. intelligence community’s language on to have a national intelligence officer We cannot tolerate people being Cuba ‘‘wimpy.’’ As a policymaker, he is from the CIA transferred. Mr. Bolton fired, discharged, transferred because entitled, and was entitled, to his own went personally to the CIA at Langley the policymaker disagrees with the view. I make it clear that what the to argue for the analyst’s dismissal. analysis of that analyst. Senator from Kansas said, I agree with. This is an analyst Mr. Bolton had Mr. McLaughlin is right. It was dif- Mr. Bolton was entitled to his own never met, an analyst to whom he had ferent. It was dangerous. And accord- view, but what he was not entitled to never spoken. He had never read the ing to Mr. Ford, Mr. Bolton’s actions do was force intelligence analysts to analyst’s work. He only knew one had an impact. Word of the incident, change their views. thing: The analyst disagreed with his according to Mr. Ford, ‘‘spread like In preparation for his speech to the views and, therefore, he had to be wildfire among the other analysts.’’ Heritage Foundation, Mr. Bolton re- brought to heel. Mr. Ford testified: peatedly sought clearance for stronger This effort, too, lasted several I can only give you my impressions, but I language on Cuba’s biological warfare months and involved repeated attempts clearly believe that the analysts in INR were effort than the intelligence community by Mr. Bolton and his staff. Former very negatively affected by this incident. would support. He was repeatedly Deputy Director of the CIA John They were scared. rebuffed by intelligence analysts at the McLaughlin said of the request to dis- Mr. Bolton’s actions were so dam- State Department and the CIA, and he miss the intelligence officer that it is aging that Secretary of State Powell repeatedly responded by seeking those ‘‘the only time I had ever heard such a made a special personal visit to offer analysts’ dismissal or removal, thereby request.’’ encouragement to the analysts. In his crossing a vital line, a clear line, a red So we have the Deputy CIA Director remarks, Secretary Powell specifically line, the line between ignoring intel- John McLaughlin as saying nobody has referred to the analysts that Mr. ligence analyses which, wise or not, is ever made a request to him, that he Bolton had targeted. He told them: his right to do as a policymaker, that knew of, to dismiss an intelligence offi- Continue to call it like you see it. Con- is on one side of the line. But the other cer because of a disagreement with tinue to speak truth to power.

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Mr. world might question whether it is when it comes to gaining access to doc- WOLF testified that Mr. Bolton sought hearing a credible view or whether it is uments, at least in the absence of a the removal of two officers from a non- hearing a Bolton view of intelligence. claim of executive privilege. proliferation bureau over policy dif- Perhaps the biggest canard of the de- Now, I happen to believe we should ferences, and that, in general, officers bate is that John Bolton is the best give deference to the President on the in the bureau—and now this is Assist- person to reform the United Nations. selection of his team, but deference ant Secretary of State John Wolf—that The U.N. needs reform, but so does the does not mean abdication of our best officers in the bureau ‘‘felt undue pres- intelligence community. So does its judgment when a nominee crosses the sure to conform to the views of [Mr. systems. And, frankly, so does John line. If we do that, we will send the Bolton] versus the views they thought Bolton. Any number of people would be wrong message to anyone working in they could support.’’ a far more credible voice for reform at the intelligence community who sees Events of the past few years involv- the United Nations. Mr. Bolton’s behavior rewarded rather ing the completely missed intelligence This is a momentous decision for this than seeing him held accountable. If we on Iraq, the distorted intelligence on body. It is shocking and sad—it is do that, we will send the wrong mes- Iraq, have shown that we need to be en- shocking and sad—to me that the Sen- sage to the international community, couraging independent and alternative ate may vote on this nomination while to send a repeat abuser of intelligence analysis, not squelching it. Senators are being denied critical, rel- and an abuser of intelligence analysts The Senate Intelligence Committee evant information that members of the to be our representative at the United report on the intelligence community’s Foreign Relations Committee have Nations. prewar intelligence assessments on sought. Members of that committee We have the opportunity to send a Iraq concluded that a lack of alter- have requested information about the different message to the intelligence native analysis contributed to the fail- number of requests by Mr. Bolton for community and to the world. We can ure of that intelligence. the names of U.S. persons cited in in- cast a vote for objectivity in intel- The committee wrote that: telligence intercepts. The administra- ligence, for intelligence that is free of . . . the analysts’ and collectors’ chains of tion has refused to provide relevant in- political influence, and for account- command, their respective agencies, from formation to members of the Foreign ability. But before we vote—before we immediate services to the National Intel- ligence Council and the Director of the Cen- Relations Committee and to this body. vote—legitimate requests for docu- tral Intelligence Agency, all share respon- Now, those requests may be benign ments and information from Members sibilities for not encouraging analysts to that Mr. Bolton made for the names of of this body should be honored and challenge their assumptions, fully consider those persons and what they were say- should be supported by every Senator. alternative arguments, or accurately charac- ing in those intercepts. They could be That is a need which, at one time or terize the intelligence report. part of an effort by this nominee to po- another, each one of us has, and as an ‘‘Most importantly,’’ according to liticize and punish, since that was the institution we should, in one voice, de- the committee, they failed ‘‘to recog- pattern of his activity. We do not know mand that need be met. nize when analysts had lost their objec- that. But we have a right to know that. This is a demand for relevant docu- tivity and take corrective action.’’ We have a right to ask why those re- ments relevant to the qualifications of Our Intelligence Committee, the Sen- quests were made. But this administra- this nominee to be confirmed to this ate Intelligence Committee, said cor- tion has refused to provide that infor- high office. It is a demand for docu- rective action should be taken when mation. We should insist on this infor- ments which relate to an issue which is analysts lose their objectivity. Mr. mation before we vote on this nomina- clearly involved in this nomination, Bolton tried to get analysts punished tion. We should insist that at least the and that has to do with a pattern, on for insisting on their independence. Mr. leaders of our committees, the Intel- the part of Mr. Bolton, of punishing Bolton did not value independent and ligence Committee and the Foreign Re- people who analyze intelligence who do objective analysis. He scorned it. He lations Committee, be given access to not give him an analysis that he likes sought not to encourage alternative the names of people that Mr. Bolton and that supports his own policy. views but to impose his own. He did not asked the intercepts relative to. Mr. President, I thank the Chair, and challenge analysts. He bullied them. Denying the Congress and the Mem- thank my good friend from Minnesota And he tried to fire those who dis- bers of this body— for yielding the time. agreed with him. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Now, this is not ‘‘water cooler’’ gos- ator has consumed his time. ator’s time has expired. sip about an obnoxious boss. Objective, Mr. LEVIN. I thank the Chair and I Mr. DODD. Mr. President, I ask unan- factual analysis can make the dif- ask unanimous consent for 3 additional imous consent for 3 minutes to engage ference between success and failure, be- minutes. my colleague from Michigan in a little tween life and death. In the near fu- The PRESIDING OFFICER. Without colloquy. Will my friend from Min- ture, we may face a crisis over North objection, it is so ordered. nesota object to that? Korea’s nuclear program or Iran’s nu- Mr. LEVIN. Denying Members of this The PRESIDING OFFICER. Is there clear intentions. Congress and the pub- body information is part of a woeful objection? lic must be confident that intelligence pattern of this administration denying Mr. COLEMAN. No objection. assessments represent information information to the Congress. Even the The PRESIDING OFFICER. Without that has been assessed objectively, not Republicans of the House Energy and objection, it is so ordered. shaped to serve policy goals. And if we Water Appropriations Subcommittees Mr. DODD. Mr. President, I thank my need to go to the United Nations to and the Homeland Security Appropria- friend. make a case against a country based on tions Subcommittee over in the House I want to compliment my friend from our intelligence about that country’s included language in their bill which Michigan on a very fine statement. He dangerous activity, the world must says that the Bush administration has focused, in my view, exactly on the have confidence in the U.S. Ambas- should be criticized ‘‘for its lack of re- central question here and that is not sador to the United Nations. sponsiveness to repeated Congressional that there was disagreement over intel- When Bush decided to make the case requests for information.’’ ligence but, rather, whether someone against Iraq to the United Nations, he Mr. President, this Senate, as a body, went beyond a good, healthy fight over sent Secretary of State Colin Powell, should insist on legitimate requests for whether or not intelligence was accu- one of America’s most credible dip- information from its Members. Every rate and took additional steps to dis- lomats. Today, we are being asked to Member—every Member—should add miss or to change the jobs of the indi- confirm one of America’s least credible his or her voice to the demand for the viduals involved.

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We don’t know mation is not forthcoming. actual names to determine whether the whether Mr. Smith’s name is on there The reason I want to raise this is be- requests were proper. Ultimately, he because the name was redacted. The cause our good friend from Kansas, the found no basis to question the jus- chairman and ranking member cannot chairman of the Intelligence Com- tification nor appropriateness of Mr. read that name. mittee, read into the RECORD a letter Bolton’s request for the U.S. persons Without knowing the name of the in- he sent to Senator LUGAR regarding contained therein. So we have an indi- dividual, you cannot get to the point. this request for the intercept informa- vidual we all deeply respect, the chair- Obviously, the people at the State De- tion. And the pertinent paragraph, to man of the Intelligence Committee, partment—it is the same thing. With- this Senator, I want to read quickly. It saying ‘‘it was apparent to us,’’ the out knowing the names, without the says: chairman and the ranking member, and identities, I don’t know how you can Finally, the Vice Chairman and I reviewed then the letter went on. draw the conclusion that it wasn’t rel- all ten documents containing the references I would say there is an institutional evant. That is my point. to U.S. persons that generated Under Sec- issue that we should resolve at some Mr. COLEMAN. As I recall the state- retary Bolton’s requests. The documents we point. In the context of this nomina- ment from the ranking member, he reviewed did not contain the actual identi- tion, where we have a very clear state- said these incidents were not new to ties of the minimized U.S. persons. After re- ment that this specific information them. Some of these had been raised viewing the content of each report, however, it was apparent to us both that it was not that was requested—it was ‘‘not nec- before. One was regarding Cuba. They necessary to know the actual names to de- essary to know the actual names to de- had knowledge of this. Again, I would termine whether [or not] the requests were termine whether the requests were defer to the good judgment of the chair proper. proper.’’ Then it is basically saying the of the Intelligence Committee, who Now, the letter goes on, but that is requests were proper. said we looked at it and it wasn’t rel- the important paragraph because the Let us move forward with this nomi- evant. And then on and on in the letter very identity of the individual names nation because we have a statement again, and again he comes to the same was redacted. The chairman of the saying the information wasn’t needed conclusion: nothing inappropriate, Committee on Intelligence and the to make a determination. Let us pur- nothing unusual, no violation of proce- ranking member on Intelligence were sue with great vigor the right of Mem- dures. It is very clear. not allowed to see the names, the very bers of this body to have access to that I urge my colleagues to let us pursue names that Mr. Bolton was able to see kind of information. I think we really this issue. I don’t think there is a rea- and apparently his staff was able to have to separate the two, based on the sonable basis for holding up this con- see. That is the relevant information statement of the chairman of the Intel- firmation based on the concern of get- that we are seeking—the names of the ligence Committee. ting this type of information. individuals. Mr. DODD. Will my colleague yield Mr. LEVIN. If the Senator will yield, Does my colleague have any com- for a question? my good friend from Minnesota. If you ment on that particular point? Because Mr. COLEMAN. Yes. agree that the Senate is entitled to Mr. DODD. I appreciate the Senator’s that, to me, is the central admission in this information, but not now—if not comments. I ask unanimous consent this letter. now, when? The reason for seeking this Mr. LEVIN. Mr. President, the names that entire paragraph I quoted from information relates to the nomination of the people that he sought informa- the chairman be printed in the RECORD. of Mr. Bolton. That is why this is so There being no objection, the mate- tion on are incredibly relevant to the relevant and important. I think the rial was ordered to be printed in the question of why he sought information members of the Foreign Relations RECORD, as follows: on those people, what was his motive. Committee have been seeking this in- There is a pattern here, a pattern of Finally, the Vice Chairman and I reviewed formation for many weeks. So it is not all ten documents containing the references punishment of people if they did not as though this is a last-minute request to U.S. persons that generated Under Sec- which is holding up the vote on a nomi- provide analysis that he agreed with, if retary Bolton’s requests. The documents we they disagreed with his views. And reviewed did not contain the actual identi- nation or would hold it up until we re- when he asks for those intercepts, he ties of the minimized U.S. persons. After receive that information. may have had a perfectly benign reason viewing the content of each report, however, By the way, I happen to believe—and for doing it. On the other hand, it may it was apparent to us both that it was not I don’t know if my good friend from have been part of this totally unaccept- necessary to know the actual names to de- Connecticut agrees with me—that if able pattern. termine whether the requests were proper. the chairman and vice chairman of the But the Senate has the same right to Mr. DODD. Mr. President, I raise this Intelligence Committee saw the names know what he knew and he asked for, point. I appreciate his point. Obvi- and concluded that none of those which was intercepts of particular peo- ously, there is a disagreement between names had any relationship to this ple who were either involved in the the ranking member and chairman, un- nomination because none of the names conversation or referred to in the con- fortunately, which is not a healthy are people he tried to get fired, trans- versation. thing to see coming out of the Intel- fer, or punish, that would satisfy me. If the Senate doesn’t insist on that ligence Committee. The point I am try- But the administration knows the right for every Member of this body, we ing to make here is, with all due re- names. John Bolton got the names. But are a lesser body. We should insist spect to the chairman of the Intel- the vice chairman of the Intelligence upon that for Members who agree with ligence Committee and the ranking Committee and the chairman won’t be us or not. This is an institutional issue member, it was, in fact, the very names given those names and they are re- of great magnitude. involved which could be the very dacted. I believe the Senate cannot ac- The PRESIDING OFFICER. The Sen- names we are talking about that have cept that standard and hold ourselves ator’s time is up. been redacted from the document that up as a body that is equal in power to Mr. DODD. I thank my friend for a would be terribly revealing. If, for in- the executive branch. We cannot. We good statement. stance, there is the name—we have cannot say to ourselves that this body The PRESIDING OFFICER. The Sen- called him ‘‘Mr. Smith’’ to protect his will look at all relevant evidence that ator from Minnesota is recognized. identity at the CIA. If there is over- relates to confirmation before we give Mr. COLEMAN. Mr. President, I ap- whelming evidence that Mr. Bolton our consent to it and protect the Mem- preciate the concern over the institu- tried to have ‘‘Mr. Smith’’ dismissed as bers’ requests for information if we do tional issue of having access. I join my an intelligence analyst, and if one of not insist that at least the chairman

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The the NSA to Mr. Bolton were not shared with the specific people John Bolton tried to reality is when Mr. Westermann back- us. punish or get transferred. doored Mr. Bolton, he lost confidence State Department records indicate that I find this really intolerable, incred- in him and said: I want him trans- Mr. Bolton requested the minimized identi- ible, that we as a body will not stand ferred. That is all you have. ties of nineteen U.S. persons contained in with a legitimate request for relevant In the end, Mr. President, what we ten NSA signals intelligence reports. These information that relates to a pending requests were processed by the State Depart- have is an individual who has served ment’s Bureau of Intelligence and Research nomination that was promptly and this country well, who has a record of (INR). In each instance, the INR request to timely made. distinguished service, who has the sup- the NSA, on behalf of Mr. Bolton, included Mr. COLEMAN. Mr. President, again, port of a litany of Secretaries of State, the justification that the identity of the U.S. I remind my colleagues that it is a of individuals who have worked with person(s) was needed in order to better un- nomination with 10 hours of hearings, 2 him for years and years, who nego- derstand or assess the foreign intelligence business meetings, 35 staff interviews tiated the treaty of Moscow and got value of the information contained in the in- with 29 different people, a thousand telligence report. This is the standard jus- the U.N. to reverse itself on the odious tification required by NSA in order for offi- pages of transcripts and 800 pages of resolution declaring Zionism as rac- cials to request the identity of a U.S. person documents, the opportunity for the ism, who has the support of the Sec- contained in a signals intelligence report. chairman and the ranking member of retary of State, who has the confidence Based on my personal review of these re- the Intelligence Committee to look at of the President of the United States to ports and the context in which U.S. persons this information, and they came to the do what has to be done, and that is the are referenced in them, I found no evidence conclusions they came to. In the end, I heavy lifting in reforming the United that there was anything improper about Mr. think perhaps—I agree with my col- Bolton’s ten requests for the identities of Nations. U.S. persons. leagues on crossing the line. I agree. From the very beginning, my col- It is important to note, however, that our You should not be harassing intel- leagues on the other side simply have Committee did not interview Mr. Bolton, so ligence officials because of policy dis- said he is not acceptable, he has the I am unable to answer directly the question agreements to the point where you wrong political perspective on the of why he felt it was necessary for him to drive them out of the job. But that just United Nations, he has the wrong polit- have the identity information in order to didn’t happen here. better understand the foreign intelligence ical perspective perhaps on the war in contained in the report. In fact, Mr. President, if you look at Iraq and other issues, which morphed Furthermore, based on the information the statement of Carl Ford, he himself into allegations which, in the end, available to me, I do not have a complete un- in the minority report said this inci- when we look at the rest of the story, derstanding of Mr. Bolton’s handling of the dent didn’t turn into the politicization simply are unsubstantiated. identity information after he received it. of intelligence. Carl Ford—and I was John Bolton deserves our support. He The Committee has learned during its interview of Mr. Frederick Fleitz, Mr. there and listened to the testimony— deserves to be confirmed. I will proudly said this incident didn’t turn into the Bolton’s acting Chief of Staff, that on at vote for his confirmation tomorrow. I least one occasion Mr. Bolton is alleged to politicization of intelligence. urge my colleagues to do the same. have shared the un-minimized identity infor- We can walk through this again and I yield back the remainder of our mation he received from the NSA with an- again. We had the discussion over Cuba time, and I yield the floor. other individual in the State Department. In and the issue of biological weapons ca- The PRESIDING OFFICER. The Sen- this instance, the NSA memorandum for- pacity. Again, the allegation was made ator from Michigan. warding the requested identity to State INR that somehow Mr. Bolton took views included the following restriction: ‘‘Request Mr. LEVIN. Mr. President, I ask no further action be taken on this informa- that were his own and disregarded the unanimous consent that a letter to views of the administration in regard tion without prior approval of NSA.’’ I have Chairman LUGAR and to Ranking Mem- confirmed with the NSA that the phrase ‘‘no to Cuba. Carl Ford testified before the ber BIDEN from Senator ROCKEFELLER further action’’ includes sharing the re- Foreign Relations Committee on dated May 25 be printed in the RECORD. quested identity of U.S. persons with any in- March 19, 2002. He stated that the There being no objection, the mate- dividual not authorized by the NSA to re- United States believes that Cuba has at rial was ordered to be printed in the ceive the identity. In addition to being troubled that Mr. least limited developmental offensive RECORD, as follows: biological warfare and research capa- Bolton may have shared U.S. person identity U.S. SENATE, information without required NSA approval, bility—on and on. What does John SELECT COMMITTEE ON INTELLIGENCE, I am concerned that the reason for sharing Bolton say when he gives his speech? Washington, DC, May 25, 2005. the information is was not in keeping with He says the same thing. Hon. RICHARD G. LUGAR, Mr. Bolton’s requested justification for the The point is, in each and every in- Chairman, Committee on Foreign Relations, identity in the first place. The identity instance when colleagues raise a concern U.S. Senate, Washington, DC. formation was provided to Mr. Bolton based about Mr. Bolton giving his own opin- Hon. JOSEPH R. BIDEN, Jr., on the stated reason that he needed to know Ranking Member, Committee on Foreign Rela- the identity in order to better understand ion versus that which is approved, it is tions, U.S. Senate, Washington, DC. simply not the case. I think my col- the foreign intelligence contained in the DEAR SENATORS LUGAR and BIDEN: I write NSA report. According to Mr. Fleitz, Mr. league from Kansas said this is a case in response to the Chairman’s April 28, 2005 Bolton used the information he was provided of ‘‘the rest of the story.’’ It is true on letter asking that the Senate Select Com- in one instance in order to seek out the the Cuba issue. It is true on Mr. mittee on Intelligence examine a number of State Department official mentioned in the Bolton’s testimony about Syria. Again, intelligence-related issues that were raised report to congratulate him. This use of care- the same concern was raised. The during your Committee’s consideration of fully minimized U.S. person identity infor- record is saying something very dif- the nomination of Under Secretary John mation seems to be not in keeping with the Bolton to be the United States Representa- ferent—that in each and every in- rationale provided in Mr. Bolton’s request. tive to the United Nations. An interview of Mr. Bolton by your Com- stance, there may have been discussion As you may be aware, I wrote to then-Di- mittee may provide a more complete under- and challenges, but in the end Sec- rector of the National Security Agency standing of the extent to which he may have retary Bolton delivered the approved (NSA), Lieutenant General Michael V. Hay- shared with others the nineteen U.S. person language. North Korea, the same thing. den, on April 20, 2005, requesting any docu- identities he requested and received from the Allegation was made that he was off on mentation related to Mr. Bolton’s requests NSA. I believe it is a matter that deserves his own, and Secretary Powell came for the identity of a U.S. person included in more thorough attention. I hope this information is of assistance to back and said, no, he delivered the classified intelligence reports produced by the NSA. you. opinion of the administration, of the In response, General Hayden provided Sincerely, Secretary of State. Chairman Pat Roberts and me the oppor- JOHN D. ROCKEFELLER IV, What we have here—and the record is tunity to review all ten NSA documents con- Vice Chairman. clear—is an individual with strong taining the references to U.S. persons that The PRESIDING OFFICER. The Re- views and strong opinions, who chal- generated Mr. Bolton’s requests. We were not publican whip is recognized.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5914 CONGRESSIONAL RECORD — SENATE May 25, 2005 CLOTURE MOTION true testament to this extraordinary who are proud to wear the uniform of the Mr. MCCONNELL. Mr. President, I individual. I wish Secretary Wolfowitz United States Armed Forces to say farewell send a cloture motion to the desk. well as he prepares for his new duties and thank you, Mr. Secretary, for all you’ve done for all of us in uniform during your ten- The PRESIDING OFFICER. The clo- as the President of the World Bank. I ure as our deputy secretary of Defense. ture motion having been presented ask unanimous consent to have these It’s been my great honor and privilege, under rule XXII, the Chair directs the speeches printed in the RECORD. Secretary Wolfowitz, to have known you and clerk to read the motion. There being no objection, the mate- worked with you for the last three-and-a-half The legislative clerk read as follows: rial was ordered to be printed in the years, and in that time, I think I’ve gotten to know a little bit about the man. CLOTURE MOTION RECORD, as follows: You have great humility. Of all the titles We the undersigned Senators, in accord- SECRETARY OF DEFENSE DONALD RUMSFELD that you have earned—doctor, professor, ance with the provisions of rule XXII of the HOSTS A FULL HONOR REVIEW AND AWARD dean, ambassador, secretary—the two you Standing Rules of the Senate, do hereby CEREMONY FOR DEPUTY SECRETARY OF DE- prefer most are Dad and Paul. That says a move to bring to a close debate on Executive FENSE PAUL WOLFOWITZ lot about you. Calendar No. 103. (With Remarks by: General Pete Pace, Vice You’re a man of great intellect. Put sim- Bill Frist, Richard G. Lugar, Richard Chairman, Joint Chiefs of Staff) ply, you work hard and you’re smart. And Burr, Pat Roberts, Mitch McConnell, Dr. Paul Wolfowitz is recognized for excep- you make those of us who work with you feel Jeff Sessions, Wayne Allard, Jon Kyl, tionally distinguished public service as dep- good about our contributions, and you elicit Jim DeMint, David Vitter, Richard C. uty secretary of Defense from March 2001 from us our very best recommendations, be- Shelby, Lindsey Graham, John Ensign, through April 2005. During that critical pe- cause you are, in fact, a facilitator and a per- Pete Domenici, Bob Bennett, Mel Mar- riod, Dr. Wolfowitz’s performance was bril- son who values the judgment of others—and tinez, George Allen. liant. While overseeing many of the depart- for that, we thank you. You’re also a man of great courage. Those Mr. MCCONNELL. Mr. President, ment’s day-to-day operations, he was also a key leader in developing United States pol- of us who wear the uniform understand cour- under the previous agreement, this age on the battlefield, but there’s another vote will occur tomorrow at 6 p.m. If icy to respond to the terrorist attacks of September 11th, 2001. very distinct form of courage, and that is in- cloture is invoked—and we hope it will A leader in developing United States pol- tellectual courage. Many times it has been be, of course—the vote on the nomina- icy to respond to terrorist attack, and an my great pleasure to watch you, when con- tion will then occur immediately. internationally recognized voice for freedom, versations have been going in a particular direction, and someone would turn to you and f Dr. Wolfowitz contributed to the intellectual framework for operations in Afghani- say, ‘‘Don’t you agree, Paul?’’ And you would MORNING BUSINESS stan and Iraq that removed two brutally op- say, ‘‘No, I don’t.’’ And then you’d explain pressive regimes that encouraged and gave why you didn’t in a very, very well-reasoned, Mr. MCCONNELL. Mr. President, I sanctuary to terrorists. Fifty million people articulate way that although did not always ask unanimous consent that there be a are now free from the bonds of tyranny. Self- carry the day, certainly made everybody in period for the transaction of morning government is on the march in countries that room understand that you were part of business, with Senators permitted to once believed beyond freedom’s reach. And this process, and that you were going to speak for up to 10 minutes each. Afghanistan and Iraq have become our new- speak your mind as you knew it should be spoken, and benefit all of us in uniform by The PRESIDING OFFICER. Without est allies in the war on terror. While addressing these sizable challenges, always speaking the truth, as you knew it. objection, it is so ordered. You’re also a man of compassion. If I speak Dr. Wolfowitz was a driving force in address- too much about this, I will blow your cover. f ing President Bush’s charge to transform the But the fact is that many, many times in the Department of Defense to better fit the chal- halls of this building, you have said to me, HONORING THE SERVICE OF DEP- lenges of the 21st century. He encouraged a ‘‘Pete, Sergeant so-and-so—or Lieutenant so- UTY SECRETARY OF DEFENSE culture of planning that stresses innovation and-so, or General so-and-so—has a problem, PAUL WOLFOWITZ and supports intelligent risk in areas rang- and I think if you say something to him, or ing from defense organization to technology Mr. WARNER. Mr. President, last you look into this, it will make life better Friday, May 13, Deputy Secretary of development and training. for him.’’ Certainly, all that you have done And Dr. Wolfowitz is a tireless advocate for for the wounded, both in your official capac- Defense Paul Wolfowitz ended his dis- America’s men and women in uniform. A fre- ity, but also as a human being in your visits tinguished tour of duty at the Depart- quent visitor to wounded forces and their ment of Defense. to the hospitals, in your caring for the fami- families in hospitals and rehabilitation cen- lies, in your attendance at funerals, in your During his 4 years at the Pentagon, ters, he paid particular attention to the caring for the families of the fallen. Secretary Wolfowitz played a critical needs and concerns that went beyond the In all those ways, Mr. Secretary, you have role as our Nation responded to the ter- typically excellent care they receive. Dr. shown enormous compassion. And for that, rorist attacks of September 11, and our Wolfowitz oversaw the creation of a 24-hour we are grateful. We will miss you, but we military defeated the Taliban in Af- operations center to reduce bureaucratic know that there are millions of people procedures for the severely injured, signifi- around this world who are now going to ben- ghanistan and liberated Iraq from dec- cantly improving the flow of information to ades of tyranny. We continue to fight efit from the intellect, strength and compas- ease their burdens during recovery. sion of Paul Wolfowitz as you go to lead the an all-out global war on terrorism, Dr. Wolfowitz’s countless achievements re- World Bank. guided by the policies which Secretary flect his keen intellect, management acu- It is my great honor now to introduce the Wolfowitz, acting as a true partner to men, vision and compassion. man in this building who works harder than Secretary of Defense Rumsfeld, helped Through his dedication to the pursuit of anybody else, has more focus than anybody to craft. policies of freedom and transformation, Dr. else, and makes the rest of us work very, Wolfowitz contributed greatly to the work of He was a true partner with Rumsfeld very hard, very diligently, to be part of the the Department of Defense and the United team that is trying to do for this country all throughout. I have had some modest States. The distinctive accomplishments of that we should be doing. experience in the Department having Dr. Wolfowitz reflect great credit upon him- Mr. Secretary: Secretary Rumsfeld. served there myself during the war in self, the Department of Defense, and the Sec. Rumsfeld. Well, thank you all for Vietnam as Secretary of the Navy. I United States of America. coming. We’re pleased you’re here. A special served under Messrs. Laird and Pack- Dr. Wolfowitz has also received the Decora- welcome to Paul Wolfowitz and his family ard. I served under three Secretaries. tion for Distinguished Civilian Service from and friends and lovely daughter, Rachel, sit- the secretary of the Army, the Distinguished Their partnership, as the two prin- ting there. And welcome to Chairman John Public Service Award from the secretary of Warner. We appreciate your being here, your cipal’s sharing an evergrowing, awe- the Navy, and the Decoration for Excep- old stomping grounds. And Senator Coleman, some, level of responsibilities has been tional Civilian Service from the acting sec- thank you so much for being here, and all exemplary in the annals of the Depart- retary of the Air Force. the senior military and civilian officials of ment of Defense. Gen. Pace. Secretary Rumsfeld, Mrs. the Department of Defense and guests. Wel- On April 29, I was privileged to at- Rumsfeld, Senator Warner, Senator Cole- come. tend a ceremony at the Pentagon in man, assembled leadership of the Depart- Three years ago, The Economist magazine honor of Secretary Wolfowitz’s years of ment of Defense, special guests and friends, had an interesting take on the job of deputy and especially to our wounded Cabinet secretary. It wrote, ‘‘Most deputy service. The speeches given that day— servicemembers who are here today. secretaries live lives of quiet frustration. by General Pace, Secretary Rumsfeld It is my distinct honor and privilege to They get stuck with all the grunt work, and Secretary Wolfowitz—are among stand here representing our Chairman, Gen- while their bosses swan around in the lime- the finest I have ever heard, and are a eral Dick Myers, and all the men and women light. And they have to sit mutely while the

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5915 best ideas are either buried or stolen.’’ And 11th, he grasped that the civilized world come back as secretary of State. And Kis- then there’s Paul Wolfowitz. (Laughter.) could not make a separate peace with terror- singer said, ‘‘No, Don, I got it right the first History is not always generous to the men ists and that our future security was cer- time.’’ (Laughter.) and women who help to shape it. Great aboli- tainly linked to addressing the freedom def- So, Don, it looks like we’ve been in the tionists like John Quincy Adams and Fred- icit in much of the Muslim world. same boat all along! erick Douglas would not live to see full History will see Paul as one of the con- Truthfully, Don Rumsfeld has a great equality for African Americans that they sequential thinkers and public servants of sense of humor, that’s why I can tease him a had envisioned and fought to bring about. his generation. He’s worked to ease the bur- bit too. And he’s known for many other Many brave East Germans were shot as they dens of the wounded and their families, as things: His determination, his forcefulness, tried to breach the Berlin Wall and would we’ve seen. And he’s departing the Pentagon his command of the podium, his charm, his never see the wall crumble under the weight now, but the legacy that Paul has been a matinee idol good looks—yes, he’s one of the of lies and pretensions that built it. But part of, the ideas he has helped to weave into stars of C–SPAN! sometimes history is kind, and it gave Presi- public and private debates, the effects of the But to be totally serious, what really dent Harry Truman, for example, and George policies that he’s championed so effectively stands out for me is something that may not Marshall the chance to see the fall of the and with such courage and determination are be widely known, and that is what a great Third Reich and the fulfillment of their not going anywhere, because they’re not teacher Don Rumsfeld is. He has sharpened charge to rebuild Western Europe. found only in this building or only in the de- everybody’s thinking and raised everybody’s And it allowed Corazon Aquino, with the partment all across the globe; they are found standards. And he’s taught me an enormous help from a young assistant secretary of now in towns and villages in Indonesia, amount. He encourages and cajoles everyone State, Paul Wolfowitz, to see the triumph of where I’m told that pictures still hang in to do better, always for the purpose of mak- people power in the Philippines, the dream tribute to an American ambassador who put ing this Defense Department as good as it her husband had nurtured and for which he the aspirations of dissidents and ordinary In- can be, and to make our country more se- was cut down before it was fulfilled. donesians above the temporary convenience cure. And although it may not always have of power politics. It’s been my good fortune, Don, to have seemed to Paul, the fact is history has They’re found in Afghanistan today, where you as a friend, and America’s to have your smiled on Paul, as it should. a democratically elected government now steady leadership at this demanding helm. So he leaves us today with the good for- protects women and imprisons terrorists, in- Thank you. tune of seeing so much accomplished—or stead of imprisoning women and harboring I also want to say thank you to so many of being accomplished, I should say—he helped terrorists. And they’re found in a school- my wounded veteran friends from Walter bring to fruition or things that he helped set room in Iraq, where a young girl will learn Reed and Bethesda who have braved the in motion: reform and the modernizing of real history and real subjects instead of lies weather to be here today. There are so many America’s defense establishment, the dis- and tributes to tyrants. other distinguished guests and friends and patch of dangerous regimes in Afghanistan That girl is free, and so are millions like colleagues, that if I tried to mention you all and Iraq, the spark of freedom and self-gov- her—and that, in part, is because of you, and give you the thanks you deserve, I’d just ernment that is finding oxygen in the Middle Paul. You’ve been on their side. And as Gen- get into deeper trouble. At a time like this, East. eral Pace said, you have never wavered. The words inevitably fall short, and I’m sure I’d Paul now will add one more title to all the threatened, the oppressed and the persecuted leave someone out. But you don’t do a job titles that Pete Pace listed, and it’s a heady around the world must know in their heart like this without enormous amounts of help. list. When I stood with Paul at his wel- that they have had a friend in Paul So, to each one of you who has been there coming ceremony at the Pentagon way back Wolfowitz. You are one of those rare people along the way, just know that I am deeply in 2001, more than four years ago—it seems who, as the Talmud puts it, would rather grateful for what we’ve shared during this like eight—(laughter)—I noted that this was light candles than curse the darkness. most important chapter of American his- Paul’s third tour in the Department of De- So I thank you, your country thanks you, tory. fense. I told him we were going to keep and on behalf of the Department of Defense, And I’m particularly grateful to my per- bringing him back until he got it right. we wish you Godspeed in your new post, a sonal staff, an extraordinary combination of Well, he got it right this time. The activi- post of service to the world. The department civilians and military, active and reserve, of- ties he has been involved with over the past will miss one of its finest public servants, ficers and enlisted, who make a difference four years are extensive. He has helped craft and I will miss a treasured friend. Godspeed. every day. four defense budgets and supplementals. He Staff: Ladies and gentlemen, Deputy Sec- Last Friday I was privileged to be present has helped bring new technologies to protect retary Paul Wolfowitz. at the White House when President Bush an- our troops. And he has helped to reconfigure Mr. Wolfowitz. Thank you all for coming nounced his nominee to be our next chair- a number of Cold War systems and organiza- today. man of the Joint Chiefs of Staff. There in tions to help us meet the threats of the 21st Thank you for braving the weather. Thank front of me was an extraordinary team of ci- century. you, all of you who helped arrange the vilian and military leaders. First, there was So as we bid Paul a warm farewell, I might weather so that we could stay outdoors. I ap- our president, whom it’s been such an honor just say a word or two about the Paul preciate it enormously. to serve. I’ve been privileged to be there as Wolfowitz that I have worked with these Senator Warner, great chairman of our George W. Bush has made some of the tough- past four years. They say in life people tend Armed Services Committee and a good friend est decisions a leader can make. I can tell to fall into one of two categories—dreamers all these many years, and particularly the you that this is a man who understands the and doers. Well, our friend Paul is a bit of a last four years, thank you for being here. true costs of war, and his charge to defend ‘‘mugwamp,’’ as they used to say in the old Senator Coleman, and so many distinguished what we hold most dear. We are blessed in days; he’s a bit of both, one who lives the guests. You really do me honor to be here. this time of testing to have a president who creed that ‘‘think as a man of action and act Secretary Rumsfeld, thank you for those possesses the deep moral courage to do what as a man of thought’’. extremely generous remarks. Thank you for it takes to protect our country. He grew up in Brooklyn in a household of an award, which recognizes me, but actually Next to him was Secretary Rumsfeld, and Polish immigrants for whom names like Hit- recognizes the work of literally millions of there too was our chairman, General Dick ler and Stalin and words like holocaust were great Americans. Your remarks call to mind Myers. As we wage this global war, Dick’s not abstractions or simply pages in a history something that President Johnson said on a been a leader of quiet, reassuring confidence; book. And it should be no surprise to those similar occasion many years ago when he a rock of strength and a source of steady who know him that one of Paul’s early polit- said he wished that his late parents could judgment and deep concern for those he ical acts—at the age of 19, I’m told—was to have been alive to hear that introduction be- serves. Dick never forgets that every deci- participate in the March for Civil Rights cause his father would have been so proud, sion he makes directly affects the individual with Dr. Martin Luther King. and his mother would have believed it. men and women who serve this country so Paul was a bright young mathematician (Chuckles.) (Laughter.) well. who drifted into political science, undoubt- Maybe now is the time to come clean and And its been my good luck to have as my edly disappointing his father, who I am told to thank you for something else. For four closest military counterpart most of these would have preferred he pursue a career in a years now, I’ve been telling audiences about past four years, General Peter Pace, our vice real subject, like chemistry or something what you said about keeping—bringing me chairman. It was a special moment last Fri- like that. But Paul’s analytic talents have back until I got it right. It gets a laugh day, Pete, to see you nominated to be the been put to excellent use as someone who every time. So I want to thank you for that first Marine to serve as chairman of the has grasped future trends and threats before great line. It’s been good to me all those Joint Chiefs of Staff. You have the char- many were able to and before some probably years. acter, the commitment and the courage to wanted to. And now I’d like to just turn the tables a do an outstanding job as our top military As early as the 1960s, he foresaw the dan- little bit and trade a story somewhat along leader. gers of nuclear weapon programs in the Mid- the same lines. It may be apocryphal, but I’m delighted, Gordon—that Gordon Eng- dle East In the 1970s he identified the terri- it’s just too good to check whether it’s true land, our secretary of the Navy, who has torial ambitions of Iraq as a future concern or not. It’s about how Don Rumsfeld once been an outstanding member of this civilian for the U.S. military. And before September asked Henry Kissinger if he was planning to military leadership team, has agreed to take

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5916 CONGRESSIONAL RECORD — SENATE May 25, 2005 on this challenging job—and it is chal- new ways. During the last four years, the vision, and she sent me an essay that he had lenging. concepts of transformation and asymmetric written as a high school senior that ex- Over the last four years, I’ve had the privi- warfare have gone from being theoretical plained how she could be certain of that. It’s lege of working with perhaps the finest concepts to battlefield realities, and are even a remarkable essay, particularly from such a group of Joint Chiefs and combatant com- penetrating our vast acquisition apparatus, young man. manders that we’ve ever had. And our many from the bureaucracy, to industry, to Con- Michael had been an outstanding high outstanding one- and two-star flag officers gress. school football player, but he didn’t want to promise to continue or even exceed that But I don’t have to tell this audience that become a professional athlete. He wrote, ‘‘I record of excellence. all our marvelous machines and technology want my life to count for something more But the people who have earned a truly would mean nothing without innovative and than just a game. I want to be good at life. special place in my heart, in all of our skillful people to employ them. I want to fight for something, be part of hearts, are the men and women whose names And even then, this department would be something that is greater than myself. The don’t appear in the papers or on the evening of little value if our people lacked one par- only way to live forever,’’ this high school news; the ones who serve America quietly ticular quality. It’s the indispensable quality senior wrote, ‘‘is to live on in those you have and professionally every day, the men and and the most precious one of all, human affected. I sometimes dream of being a sol- women who wear this country’s uniform, and courage. In this job, which has been so much dier, helping to liberate people from oppres- the dedicated civil servants who support more than a job to me, I’ve seen courage in sion. In the end,’’ he said, ‘‘there’s a monu- them. They are the ones who deserve our abundance. ment built to immortalize us in stone.’’ special and lasting gratitude. They are rep- I remember the valor of an Army sergeant Men and women like that, men and women resented here today by these magnificent named Steve Workman. In the desperate mo- like Michael Carlson do become immor- troops and by our wounded veterans. Please ments after Flight 77 slammed into these talized because they live on in our nation’s join me now in recognizing them for their walls, he risked his life to get Navy Lieuten- soul. service. ant Kevin Shaeffer out of the building and to President Reagan used to ask, where do we And let us remember in a special way those the medical attention he desperately needed. find such people? And he would answer: We who have fallen in service to this nation. Sergeant Workman stayed with the badly find them where we’ve always found them, They remain in our hearts, each one of them, wounded—burned officer and kept him talk- on the streets and the farms of America. a reminder that our country is blessed being and kept him alive. They are the product of the freest society yond all measure. Let us never forget how I’ll remember the bravery of people like man has ever known. much we owe them. Corporal Eddie Wright, a Marine who was hit On one of my visits to Iraq, I met a brigade When terrorists attacked us so ruthlessly by an RPG that ruptured his eardrum, broke commander who told me how he explained on September 11th, they may have thought his femur and, most seriously, blew off both his mission to his men. He said, ‘‘I tell them they knew who we were. They may have his hands. In the confusion, Marines who had what they’re doing in Iraq and what their thought we were weak, grown used to com- never seen combat before needed reassur- comrades are doing in Afghanistan is every fort, softened by everything we enjoy in this ance, and it was Eddie Wright, as badly bit as important what their grandfathers did great nation. But they were wrong. They wounded as he was, who gave it to them, in Germany and Japan in World War II, or must have failed to notice that it was by the telling them he was fine, giving instructions what their fathers did in Korea or Europe sweat and blood of each soldier, sailor, air- on his own first aid, pointing out enemy po- during the Cold War.’’ man, and Marine, and each member of the sitions while directing his driver to get them That colonel was right. Coast Guard, that America has met every out of the ambush zone. Like so many of our It’s been a privilege of a lifetime to serve threat throughout our history. wounded heroes, Eddie’s moving on in life with the heroes of this generation who will When we needed them, the heroes of this with the same courage that he summoned in be remembered with the same gratitude as generation stepped forward to defend Amer- those desperate moments in Iraq. we remember those who have gone before. ica from terrorists. In the process, two bru- And I remember October 26, 2003, the day Nothing is more satisfying than to be able to tal regimes in Afghanistan and Iraq—re- our hotel in Baghdad, the AI-Rashid, was at- do work that can really make a difference, gimes that harbored and encouraged terror- tacked. Tragically, a great soldier, Lieuten- and I’ve been lucky to have many opportuni- ists—have been removed from power. And as ant Colonel Chad Buehring, was killed that ties to do that, but this one was as good as a result, 50 million people, almost all of day, and five others, civilian and military, they come. Now the president has asked me to take on them Muslims, have also been released from were severely wounded. a new mission that of working on behalf of tyranny. Visiting the hospital that afternoon, I In a region where many thought freedom spoke to an Army colonel who was the most the world’s poor. Although I leave the De- and self-government could never succeed, severely wounded. I asked him where he was partment of Defense, I believe both our mis- those values are beginning to take hold. The from, and he said, ‘‘I live in Arlington, Vir- sions serve the goal of making this world a tide is turning against the terrorists’ brand ginia, but I grew up in Lebanon, in Beirut.’’ better place. It’s an honor. But I have one of totalitarianism. Like Nazism and com- So I asked him how he felt about building a big regret: I’ll be leaving some of the most munism before them, this false ideology is new Middle East. He gave me a thumbs-up, dedicated, most capable, most courageous headed for the ash heap of history. and despite his obvious pain, he also gave me people in the world. And at the same time that we are facing a smile. Today Colonel Elias Nimmer is now In many speeches over these years, I’ve the enormous of winning a global war, we’ve virtually recovered and still on active duty been accustomed to ask the good Lord to also advanced the president’s agenda for with the U.S. Army. bless our troops and our country. While I do transforming the department. We’ve made But courage comes in many forms. Some- it for the last time as your deputy secretary, major adjustments in programs such as the times moral courage, the courage to face I want you to know that I will always carry Trident Submarine Force, new classes of sur- criticism and challenge-received wisdom is these words as a prayer in my heart: May face ships, unmanned aerial vehicles, Army as important as physical courage, and I see God bless you, may God bless the men and artillery and Army aviation, missile defense many examples of that. One such hero I’ve women who serve this country so nobly and and transformational communications been privileged to know is Navy Medical so well, and may God bless America. across the department. Doctor Captain Marlene DeMaio. She was f We’ve introduced a whole new civilian per- convinced that there was a serious flaw in PUTTING PARTISANSHIP ASIDE sonnel system for the department. And along the way we were designing body armor. In the way, we’ve done four regular budgets, the face of considerable resistance and criti- Mr. NELSON of Nebraska. Mr. Presi- four budget amendments, and at least six cism, she put together a team whose re- dent, when I was running for the Sen- supplementals. None of these decisions was search proved the need to modify the body ate in 2000, I pledged to put partisan- easy; indeed, many were difficult. But in no armor design. She and her team took on the ship aside to do what is right for Ne- small measure, because of what seemed, at bureaucracy and won. Her moral courage has braska. I told Nebraskans that if they times, like endless hours of meetings—and saved countless American lives in Afghani- no, Don, I’m not complaining—we managed stan and in Iraq. elected me they could count on me to to achieve agreement between the senior ci- There are so many other stories I could carefully consider the issues and ulti- vilian and military leadership of DoD. share, but I will tell you just one more. mately do what I think is best. Senator Ted Stevens paid tribute to that Three months ago, I attended a funeral at From tax cuts, to Medicare reform to fact this past week when he said, ‘‘I’ve never Arlington for a soldier from St. Paul, Min- campaign finance reform and now to seen such a relationship between chiefs and nesota. Sergeant Michael Carlson had been the battle over stalled judicial nomina- the secretary—open discussions, open cri- killed just before the January 30th elections tions, I have distanced myself from the tique—and really, a give and take that was in Iraq. Not long after those historic elec- partisan atmosphere in Washington to very helpful and very healthy as far as the tions, I received a letter from his mother. get things done. department is concerned.’’ Mrs. Carlson wrote to tell me how much it However, as important as these pro- meant to her to see the joy on the faces of Over the past few months and with grammatic decisions have been, trans- Iraqi voters, men and women who had risked great intensity over the past two formation is most of all about new ways of their lives for something they believed in. weeks, I have been working with a bi- thinking; about how to use old systems in She knew her son shared that same sort of partisan group of moderate-minded

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5917 Senators to craft an alternative to the busters throughout history were con- answered the call to serve. They left ‘‘nuclear option’’—the partisan and po- ducted by Senators who disagreed with behind the comfort of home, family litical attempt to force a change in the the president or the majority of Sen- and friends, to protect the American rules of the Senate to end filibusters ators. Filibusters also give small way of life and insure that our country against judicial nominations. States such as Nebraska an important would remain free and a land of oppor- The nuclear option is a temporary tool to protect itself from the will of tunity for all. On this day I would like political fix to a very serious and ongo- the larger States. to remember those whom did not re- ing problem: The Senate’s failure to The debate over these judges has con- turn. confirm more than 60 nominations dur- sumed the Senate and all of Wash- On this Memorial Day, I am put in ing the last administration and the fili- ington. When I am in Nebraska most mind of the 200th and 515th Costal Ar- bustering of ten of President Bush’s folks do not ask me about the judicial tillery units of the New Mexico Na- nominations. To address this problem, nomination process. Nebraskans tell tional Guard, better known as the New I would prefer a permanent rules me they want an energy bill that will Mexico Brigade. The New Mexico Bri- change to the Senate over a temporary boost ethanol production and reduce gade played a prominent and heroic procedural maneuver like the nuclear our dependence on foreign oil. Nebras- role in the fierce fighting in the Phil- option that can be reversed if the kans are concerned about the Presi- ippines, during those first dark days of White House or the Congress changes dent’s plan to divert Social Security the Second World War. For 4 months hands. funds to private accounts and a myriad the men of the 200th and 515th helped The Senate was designed by our of other important legislative prior- hold off the Japanese only to be de- Founding Fathers to act as a counter ities. feated by disease, starvation and a lack balance to the House of Representa- Those who do mention judges and of ammunition. tives which represented States based nominations express concern about Tragically the survivors of the Battle on population. The Senate was the where the Senate seemed to be headed. of Bataan from the New Mexico Bri- chamber where each State would have Many expressed to me the desire to gade were subjected to the horrors and equal representation, two Senators and stop the bickering and get on with the atrocities of the 65 mile ‘‘Death two votes. The intent was to prevent Senate’s business. Others offered en- March’’ and to years of hardship and the power in Congress from becoming couraging words in support of the com- forced labor in Japanese prisoner of concentrated in large population promise effort and those comments war camps. Sadly, of the 1800 men of States like New York, California, Flor- made me feel that Nebraskans were ap- the New Mexico Brigade more than 900 ida and Texas. In the Senate, a Senator preciative of our efforts. lost their lives in that far off place. from Nebraska has the same power as a The business, that we as Senators are This day belongs to them and all other Senator from any other State. tasked with carrying out for the Amer- Americans such as them. I believe it is especially important As a former Governor and a firm be- ican people would cease in the Senate not to forget; the men and women of liever in the power of the executive if the majority leader follows through America’s Armed Forces have given branch to appoint Cabinet members, on his threats to employ the nuclear their lives not only in defense of our judges and other officials, I do not sup- option. Nebraskans waiting for the en- Nation, but to preserve the freedom of port filibustering nominations. In fact, ergy bill, a Federal budget, asbestos others around the globe. This is almost as Nebraska’s Senator, I have voted litigation reform and even confirma- unquiet in human history, and no against filibustering judicial appoint- tion of future judicial nominations are praise can be too great for those indi- ments in every case but one where I the ones who will suffer if the nuclear viduals. was denied access to background infor- option is detonated. Today I would like to make special mation on the nominee. However, I With our compromise everybody mention of those New Mexicans who also do not think the nuclear option is wins. Those seeking to protect minor- have given their lives in Operation Iraq the solution to the impasse over judi- ity rights win. Those seeking to con- Freedom and the global war on terror. cial nominations. firm judicial nominations win. Small I ask that New Mexicans on Memorial We have built consensus behind a States win. Day think of them and their families plan whereby seven Republican Sen- We accomplished this by working to- and give thanks that we are blessed ators pledge to vote against the nu- gether with common purpose and with such heroic men and women. clear option in exchange for an agree- shared concern for the future of this We must never forget the sacrifices ment from seven Democrats to allow body. I am proud of what we have ac- of our solders, sailors, airmen, and ma- most of the stalled nominations to get complished and I will treasure the new rines. I encourage New Mexican’s and up-or-down votes as well as a pledge to friends I made in the process. I thank all Americans on Memorial Day to not support filibusters of future nomi- you, all of you, for working with me, take a moment to remember and honor nations except in extraordinary cir- for trusting me, and for joining me in the brave men and women whom have cumstances. this great challenge. fallen in our defense. At this moment Our compromise would be con- I would like to include all the names in America’s history, our men and structed completely within the exist- of the signatories on the memorandum women in uniform are again furthering ing rules of the Senate; it would pre- of understanding as part of my state- the cause of freedom around the world vent the nuclear option and the ex- ment. These brave senators are: Sen- and ensuring the safety of the United pected fallout of bringing all Senate ator JOHN MCCAIN, Senator JOHN WAR- States of America. They serve with the business, including the energy bill and NER, Senator ROBERT BYRD, Senator same courage and commitment shown other important legislation, to a halt; MARY LANDRIEU, Senator OLYMPIA by Americans of generations past and and would preserve the rights of the SNOWE, Senator KEN SALAZAR, Senator they deserve our thoughts and prayers Senate minority not only for this Con- MIKE DEWINE, Senator SUSAN COLLINS, on this Memorial Day as well. gress but for future Congresses regard- Senator MARK PRYOR, Senator LINCOLN f less of who is in the majority. Pro- CHAFEE, Senator LINDSEY GRAHAM, tecting the Senate’s minority rights Senator JOSEPH LIEBERMAN, and Sen- 49TH FIGHTER WING might seem to go against the concept ator DANIEL INOUYE. Mr. DOMENICI. Mr. President, I of democracy and majority rule. In re- f would like to recognize the out- ality and without the spin on this issue standing men and women of the 49th that the special interest groups from MEMORIAL DAY 2005 Fighter Wing at Holloman Air Force both extremes put on this matter, the Mr. DOMENICI. Mr. President, I Base in New Mexico. Senate’s minority rights are part of would like to pay tribute to those men The 49th has received a deployment the system of checks and balances that and women of the U.S. armed services, order to the Western Pacific region in keep any branch of government from who have given their lives to defend support of our national defense objec- dominating the others. our Nation and the ideals it represents. tives. The minority rights aren’t always Since the birth of our Nation 229 Around 250 personnel from Holloman, about party politics either. Many fili- years ago, millions of Americans have along with approximately 15 F–117A

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5918 CONGRESSIONAL RECORD — SENATE May 25, 2005 Nighthawks, are preparing to depart REACH OUT AND READ good works on behalf of Armenian- for the Republic of Korea. Their 4- Mr. KERRY. Mr. President, today I Americans in California and the West- month deployment is part of an ongo- rise in support of the Reach Out and ern U.S. This momentous occasion marks the ing measure to maintain a credible de- Read program. Reach Out and Read is second Pontifical visit of the terrent posture and presence in the re- a program that promotes early literacy gion and demonstrates the continued Catholicos to the Western Diocese. The by educating doctors and parents about U.S. commitment towards fulfilling se- visit has been titled ‘‘The Renaissance the importance of reading aloud. Reach curity responsibilities throughout the of Faith’’ because it marks a source of Out and Read facilitates reading by Western Pacific. spiritual inspiration and reawakening giving books to children at pediatric The F–117A, and the personnel that for Christian Armenians, whose faith is check-ups from six months to five fly and maintain them, continue to be 1700 years old. vital to our national security strategy. years of age, with a special focus on The Diocese of the Armenian Church, This is why I am so pleased the Senate children growing up in poverty. Chil- established 107 years ago in Worcester, Armed Services Committee included dren who are exposed to reading in MA, originally served Armenian my bill to restrict retirement of any their first years of life learn to love churches in the United States and Can- Nighthawks in fiscal year 2006 in the books at an early age—a love that ada. In 1927, the Western Diocese of the committee passed bill. often stays with them throughout their Armenian Church of North America We must maintain the ability to de- teenage and adult lives. They are also was established by a directive from the liver precision munitions onto time more likely to escape the many prob- Mother See. The establishment of the sensitive, high value targets, wherever lems associated with illiteracy and Western Diocese was an historic occa- and whenever the need arises. And I am reading difficulty, including school ab- sion, which marked the growth of a so proud of the men and women from senteeism and dropout, juvenile delin- strong Armenian community in Cali- New Mexico that take on this very dan- quency, substance abuse, and teenage fornia and the Western United States. gerous but important mission in serv- pregnancy. The Western Diocese was originally ice to their country. They are all su- Reach Out and Read is active in more headquartered in Fresno. In 1957, the perstars that deserve the heartfelt ap- than 2,300 hospitals and health care headquarters were moved to Los Ange- preciation of a grateful Nation. centers in 50 States, the District of Co- les. In 1994, the headquarters were dam- f lumbia, Guam, and Puerto Rico. Two aged by the Northridge Earthquake. million children participate annually Later that year, the Diocesan Assem- AFRO-LATINOS and 3.2 million new, developmentally bly decided to purchase a new Diocesan Mr. OBAMA. Mr. President, I rise appropriate books are given to family Headquarters. In 1997, the Western Dio- today to bring attention to the situa- members. cese officially moved into a multipur- tion of Afro-Latinos throughout Latin There are 123 Reach Out and Read pose complex located in Burbank, CA, America, in the hopes that we can en- clinical locations in my State of Mas- which will be the future site of the courage more action on this issue. sachusetts. More than 116,000 children Mother Cathedral. This Pontifical visit From Colombia to Brazil to the Domin- participate in Reach Out and Read and is even more special because the ican Republic to Ecuador, persons of more than 200,000 books are distributed Catholicos will be there in June to African descent continue to experience annually. bless the foundation stones at the racial discrimination and remain Reach Out and Read is unique. Fund- groundbreaking of the new Mother Ca- among the poorest and most ed both by both the Federal Govern- thedral. marginalized groups in the entire re- ment and private donations, it is a pro- The visit is also appropriately timed gion. While recent positive steps have gram with documented results. In 1998, to coincide with two important anni- been taken in some areas—for example, the National Research Council released versaries—the 90th Anniversary of the giving land titles to Afro-Colombians the much-acclaimed report, ‘‘Pre- commemoration of the Armenian and passing explicit anti-discrimina- venting Reading Difficulties n Young Genocide and the 1600th Anniversary of tion legislation in Brazil—much work Children’’ which specifically cites the creation of the Armenian alphabet. still needs to be done to ensure that Reach Out and Read as a program that Earlier this year, I joined my Arme- this is the beginning of an ongoing effectively encourages young children nian friends in commemorating the process of reform, not the end. to read. It is supported by the Depart- 90th anniversary of the Armenian In places where civil conflict has ment of Pediatrics at the Boston Uni- Genocide, which was the first genocide taken hold, Afro-Latinos are much versity School of Medicine and is en- of the 20th century. more likely to become victims of vio- dorsed by the American Academy of The Armenian alphabet, along with lence or refugees in their own coun- Pediatrics. We should all continue to the Armenian language, has contrib- tries. In many areas, Afro-Latinos are support this very special program. uted immensely to the vibrant con- also subject to aggression by local po- tinuity of Armenian culture. The f lice forces at far greater rates than Catholicos’ visit will highlight these those perceived to be white. Access to PONTIFICAL VISIT OF HIS HOLI- two anniversaries and further empower health services is another serious con- NESS KAREKIN II, CATHOLICOS Armenians in the Western Diocese to cern, and recent studies have shown OF ALL ARMENIANS, TO THE continue their long-fought efforts for that Afro-Latino communities are at WESTERN DIOCESE justice. greater risk of contracting HIV/AIDS. I am honored to recognize this his- Mrs. BOXER. Mr. President, I take In the last Congress, there was not toric and joyous visit, which will this opportunity to recognize the Pon- one mention in the Senate of the mil- strengthen ties between Armenia and tifical Visit of His Holiness Karekin II, lions of Afro-Latinos who continue to Armenians in California. I know that Catholicos of All Armenians, to the experience this widespread discrimina- His Holiness Karekin II will have a Western Diocese of the Armenian tion and socioeconomic very special visit to California and I Church of North America during the marginalization. Now is the time for wish the Armenian community in Cali- month of June 2005. The Catholicos will more action on this issue, not less. fornia an increased sense of purpose Emerging civil society groups are visit the Western Diocese, and inspiration. growing stronger throughout many headquartered in Burbank in my home countries in Latin America, and this State of California and travel around f growth should be encouraged as it pre- California from June 1 through 20. As ADDITIONAL STATEMENTS sents important opportunities for part- the 132nd Catholicos of all Armenians, nerships and collaboration. I look for- His Holiness Karekin II is spiritual ward to working with my colleagues in leader to more than 7 million Arme- TRIBUTE TO LOVELAND, COLO- the Senate and House on this critical nian Apostolic Christians worldwide. I RADO, POLICE CHIEF TOM WAG- concern in the coming months, and I would also like to recognize the West- ONER believe that together we can and will ern Diocese Primate, His Eminence ∑ Mr. ALLARD. Mr. President, I rise make a difference. Archbishop Hovnan Derderian, for his today to commend the chief of police of

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5919 Loveland, CO, Tom Wagoner, for his world’s leading respiratory medicine Brigadier General Parkerson has distinguished career of service to the conference, which provides doctors and been married to his wife, Brenda, for people of Loveland. scientists the opportunity to share the past 26 years and they are the Chief Wagoner was born in Minnesota their successes with specialists from proud parents of two grown children, and raised in eastern Illinois. After all over the world, ATS has truly con- Beau and Leah. spending 2 years in the Army, he be- firmed its status as a leader in the Through his personal contributions came a police officer and joined the medical community. and effective leadership, Brigadier Gen- Greeley, CO, Police Department in 1979. Over the years, ATS has grown to eral Parkerson has greatly strength- Having served in several positions in meet the needs of the changing world ened the United States Army and the the Greeley Police Department, Chief in which we live, while never losing Mississippi National Guard while re- Wagoner left Colorado in 1987 to be the sight of its basic goals of prevention flecting great honor upon himself, his police chief in Tullahoma, TN. and treatment. I congratulate the family, and those with whom he has Fortunately, it was not long before American Thoracic Society on its 100 served. Chief Wagoner came back to Colorado years of outstanding research and inno- Under the authority of the State of to serve as the police chief in my vation.∑ Mississippi, he will be promoted to the hometown of Loveland in 1989. The city f rank of Brigadier General, and placed of Loveland has greatly benefited from on the retirement list after 34 years of BRIGADIER GENERAL GERVIS A. his leadership. Over the course of his dedicated commissioned service. On be- PARKERSON tenure, he made many additions to the half of the United States Senate, I department, including a mounted pa- ∑ Mr. LOTT. Mr. President, Brigadier would like to thank Brigadier General trol unit, a motorcycle unit, a commu- General Gervis Parkerson is a lifelong Parkerson for his honorable and tire- nity policing program, and a new radio resident of Mississippi, having grad- less service to this Nation, and con- system. Chief Wagoner also presided uated from Gulfport High School in gratulate him on completion of an out- over a move to a new police head- 1967 and Mississippi State University in standing and successful career.∑ quarters in 2002 and has ensured that 1971. He enlisted in the United States the Loveland Police Department has Marine Corps following his graduation f received national accreditation since from college and completed Officer MESSAGES FROM THE PRESIDENT 1992. Candidate School at Quantico, VA. He I thank Chief Wagoner for over 15 graduated from Naval Flight School in Messages from the President of the years of service to the citizens of 1972 and served as a carrier based pilot United States were communicated to Loveland. He leaves behind a difficult in the Marine Corps until 1976. the Senate by Mr. Williams, one of his set of shoes to fill, and he will be He is a Master Aviator with over 7000 secretaries. missed.∑ flight hours, having flown in the T–42A, f f U–8F, U–21A, CH–53D, T–34, T–28, OH– 6A, UH–1H, and the C–7A with the EXECUTIVE MESSAGES REFERRED 100TH ANNIVERSARY OF THE United States Marine Corps, and the AMERICAN THORACIC SOCIETY As in executive session the Presiding 1108th AVCRAD. Officer laid before the Senate messages ∑ Mrs. BOXER. Mr. President, on the After leaving active duty, Brigadier from the President of the United occasion of its 100th anniversary, I am General Parkerson returned to Mis- States submitting sundry nominations proud to recognize and honor the sissippi and was employed in the pri- which were referred to the appropriate American Thoracic Society for its con- vate sector. In 1980, he joined the Mis- committees. tinuing commitment to the prevention sissippi Army National Guard with the (The nominations received today are and treatment of respiratory disease. 114th Area Support Group, and in 1981 printed at the end of the Senate pro- While respiratory disease may not began full-time duty as Aircraft Main- ceedings.) pose the same public threat that it did tenance Officer, HHC 114th Area Sup- 100 years ago, we cannot forget, nor port Group, in Hattiesburg, MS. f overlook, the need to continue our He assumed command of the 1108th MESSAGE FROM THE HOUSE fight against such debilitating ill- Aviation Classification Repair Activity nesses. It is imperative that we con- Depot, in 1994 at the rank of Colonel. At 10:35 p.m., a message from the tinue to explore the causes and effects As Commander, he directed the main- House of Representatives, delivered by of respiratory disease as well as edu- tenance of over 500 aircraft within the Ms. Niland, one of its reading clerks, cating the public here and abroad. 9 southeastern States, Puerto Rico and announced that the House has passed Since its establishment in 1905, the the Virgin Islands. The AVCRAD also the following bill, in which it requests American Thoracic Society has dem- provided sustainment maintenance to the concurrence of the Senate: onstrated an unyielding determination the Army Aviation and Missile Com- H.R. 1224. An act to repeal the prohibition to reduce the number of deaths from mand’s Corpus Christi Army Depot, as on the payment of interest on demand depos- respiratory disorder and acute-illness. I well as mobilization of non-deployable its, and for other purposes. commend ATS for its dedication to the assets for the Army National Guard. At 2:38 p.m., a message from the cause. Brigadier General Parkerson has re- House of Representatives, delivered by ATS not only directs its attention to ceived several awards and decorations Mr. Hays, one of its reading clerks, an- the care and treatment of respiratory including the Legion of Merit, Meri- nounced that the House has passed the disease patients, it also places prevent- torious Service Medal, Army Com- following bill, in which it requests the ative practices at the forefront of its mendation Medal, Army Achievement concurrence of the Senate: mission. Through extensive scientific Medal, Army Reserve Medal, National H.R. 2419. An act making appropriations research, ATS has established itself as Defense Service Medal, Global War on for energy and water development for the fis- a leader in the discovery of new infor- Terrorism Medal, Armed Forces Re- cal year ending September 30, 2006, and for mation and knowledge. Furthermore, serve Medal, Overseas Service Medal, other purposes. ATS has developed numerous edu- and Meritorious Unit Citation. He has f cational programs, as well as several also received the Mississippi Magnolia medical journals, to help keep both the Cross, one of the highest medals award- MEASURES REFERRED medical community and the public up ed to a member of the Armed Forces of The following bill was read the first to date on new scientific information the United States of America by the and the second times by unanimous and innovative practices. Governor of the State of Mississippi. consent, and referred as indicated: Finally, ATS has established itself as Additionally, he was awarded the H.R. 2419. An act making appropriations a leading advocate of respiratory re- Bronze and Silver Order of Saint Mi- for energy and water development for the fis- search, paving the way for unprece- chael from the Army Aviation Associa- cal year ending September 30, 2006, and for dented developments in the treatment tion of America for his superb dedica- other purposes; to the Committee on Appro- of respiratory disease. As host of the tion to Army Aviation. priations.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5920 CONGRESSIONAL RECORD — SENATE May 25, 2005 MEASURES READ THE FIRST TIME mitting, pursuant to law, a report entitled port of a rule entitled ‘‘Final Flood Ele- ‘‘Performance Improvement 2005: Evaluation vation Determinations’’ (44 CFR 67) received The following bill was read the first Activities of the U.S. Department of Health on May 23, 2005; to the Committee on Bank- time: and Human Services’’; to the Committee on ing, Housing, and Urban Affairs. S. 1127. A bill to require the Secretary of Health, Education, Labor, and Pensions. EC–2336. A communication from the Assist- Defense to submit to Congress all docu- EC–2325. A communication from the Sec- ant to the Board, Federal Reserve Board, mentation related to the Secretary’s rec- retary of Health and Human Services, trans- transmitting, pursuant to law, the report of ommendations for the 2005 round of defense mitting, pursuant to law, a report relative to a rule entitled ‘‘Regulation DD—Truth in base closure and realignment. the Energy Employees Occupational Illness Savings’’ (Docket No. R–1197) received on f Compensation Program Act of 2000 May 23, 2005; to the Committee on Banking, (EEOICPA); to the Committee on Health, Housing, and Urban Affairs. EXECUTIVE AND OTHER Education, Labor, and Pensions. EC–2337. A communication from the Direc- COMMUNICATIONS EC–2326. A communication from the Ad- tor, Office of National Drug Control Policy, The following communications were ministrator, General Services Administra- the Secretary for Health and Human Serv- laid before the Senate, together with tion, transmitting, pursuant to law, a report ices, and the Attorney General of the United relative to the Administration’s Fiscal Year accompanying papers, reports, and doc- States, Office of National Drug Control Pol- 2006 Capital Investment and Leasing Pro- icy, Executive Office of the President, trans- uments, and were referred as indicated: gram; to the Committee on Homeland Secu- mitting jointly, pursuant to law, an Interim EC–2316. A communication from the rity and Governmental Affairs. Report from the Interagency Working Group Founder, National Slave Ship Museum/Lan- EC–2327. A communication from the Chair- on Synthetic Drugs; to the Committee on drieu Project 146300, transmitting, proposed man of the Board of Governors of the Federal the Judiciary. legislation entitled ‘‘Implementation and Reserve System, transmitting, pursuant to EC–2338. A communication from the Dep- Appropriations of Public Law 103–433, Title law, the Board’s Semiannual Report to Con- uty Assistant Administrator, Office of Diver- XI–Lower Mississippi Delta Initiatives’’; to gress; to the Committee on Homeland Secu- sion Control, Drug Enforcement Administra- the Committee on Appropriations. rity and Governmental Affairs. tion, Department of Justice, transmitting, EC–2317. A communication from the Acting EC–2328. A communication from the Acting pursuant to law, the report of a rule entitled Assistant Secretary, Legislative Affairs, De- Director, Strategic Human Resources Policy ‘‘Schedules of Controlled Substances: Place- partment of State, transmitting, pursuant to Division, Office of Personnel Management, ment of Alpha-Methyltryptamine and 5- law, a report relative to the Department’s transmitting, pursuant to law, the report of Mexthoxy-N, N-Diisopropyltryptamine into Alternative Fuel Vehicle (AFV) program for a rule entitled ‘‘Prevailing Rate Systems; Schedule I of the Controlled Substances Act Fiscal Year 2004; to the Committee on For- Environmental Differential Pay for Asbestos Final Rule Substantive nonsignificant No eign Relations. Exposure’’ (RIN3206–AK64) received on May reg flex No info collection’’ (DEA–252) re- EC–2318. A communication from the Con- 23, 2005; to the Committee on Homeland Se- ceived on May 23, 2005; to the Committee on gressional Review Coordinator, Animal and curity and Governmental Affairs. the Judiciary. Plant Health Inspection Service, Department EC–2329. A communication from the Sec- EC–2339. A communication from the Direc- of Agriculture, transmitting, pursuant to retary of the Treasury, transmitting, pursu- tor, Regulatory Management Division, U.S. law, the report of a rule entitled ‘‘Tuber- ant to law, a six-month periodic report on Citizenship and Immigration Services, De- culosis; Reduction in Timeframe for Move- the national emergency with respect to partment of Homeland Security, transmit- ment of Cattle and Bison from Modified Ac- Syria that was declared in Executive Order ting, pursuant to law, the report of a rule en- credited and Accreditation Preparatory 13338 of May 11, 2004; to the Committee on titled ‘‘Classification of Certain Scientists of States or Zones Without an Individual Tu- Banking, Housing, and Urban Affairs. the Commonwealth of Independent States of EC–2330. A communication from the Dep- berculin Test’’ (APHIS Docket No. 04–065–1) the Former Soviet Union and the Baltic uty General Counsel for Equal Opportunity received on May 24, 2005; to the Committee States as Employment—Based Immigrants’’ and Administrative Law, Office of General on Agriculture, Nutrition, and Forestry. ((RIN1615–AB14) (CIS 2277–03)) received on Counsel, Department of Housing and Urban EC–2319. A communication from the Acting May 23, 2005; to the Committee on the Judi- Development, transmitting, pursuant to law, Administrator, Science and Technology Pro- ciary. grams, Department of Agriculture, transmit- the report of a vacancy in the position of As- ting, pursuant to law, the report of a rule en- sistant Secretary for Policy Development f titled ‘‘Plant Variety Protection Office, Sup- and Research, received on May 23, 2005; to plemental Fees’’ ((Docket No. ST–02–02) the Committee on Banking, Housing, and REPORTS OF COMMITTEES (RIN0581–AC31)) received on May 23, 2005; to Urban Affairs. The following reports of committees the Committee on Agriculture, Nutrition, EC–2331. A communication from the Dep- were submitted: and Forestry. uty General Counsel for Equal Opportunity By Ms. COLLINS, from the Committee on EC–2320. A communication from the Acting and Administrative Law, Office of General Homeland Security and Governmental Af- Administrator, Agricultural Marketing Counsel, Department of Housing and Urban fairs, without amendment: Service, Fruit and Vegetable Programs, De- Development, transmitting, pursuant to law, S. 494. A bill to amend chapter 23 of title 5, partment of Agriculture, transmitting, pur- the report of a vacancy in the position of As- United States Code, to clarify the disclosures suant to law, the report of a rule entitled sistant Secretary for Administration, re- of information protected from prohibited ‘‘Winter Pears Grown in Oregon and Wash- ceived on May 23, 2005; to the Committee on personnel practices, require a statement in ington; Order Amending Marketing Order Banking, Housing, and Urban Affairs. nondisclosure policies, forms, and agree- No. 927’’ (Docket Numbers: AO–FV–927–A1; EC–2332. A communication from the Chief ments that such policies, forms, and agree- FV04–927–1) received on May 23, 2005; to the Financial Officer (Acting), Export-Import ments conform with certain disclosure pro- Committee on Agriculture, Nutrition, and Bank of the United States, transmitting, tections, provide certain authority for the Forestry. pursuant to law, the Bank’s Annual Report EC–2321. A communication from the Sec- required by the Chief Financial Officers Act Special Counsel, and for other purposes retary of Energy, transmitting, pursuant to of 1990; to the Committee on Banking, Hous- (Rept. No. 109–72). law, a report relative to the status of the ing, and Urban Affairs. By Mr. ENZI, from the Committee on Exxon and Stripper Well Oil overcharge EC–2333. A communication from the Gen- Health, Education, Labor, and Pensions, funds as of September 30, 2004; to the Com- eral Counsel, Federal Emergency Manage- with an amendment in the nature of a sub- mittee on Energy and Natural Resources. ment Agency, Department of Homeland Se- stitute: EC–2322. A communication from the Assist- curity, transmitting, pursuant to law, the re- S. 898. A bill to amend the Public Health ant General Counsel for Legislation and Reg- port of a rule entitled ‘‘Suspension of Com- Service Act to authorize a demonstration ulatory Law, Office of Policy and Inter- munity Eligibility’’ (Doc. No. FEMA–7871) grant program to provide patient navigator national Affairs, Department of Energy, received on May 23, 2005; to the Committee services to reduce barriers and improve transmitting, pursuant to law, the report of on Banking, Housing, and Urban Affairs. health care outcomes, and for other purposes a rule entitled ‘‘Guidelines for Voluntary EC–2334. A communication from the Gen- (Rept. No. 109–73). Greenhouse Gas Reporting’’ (RIN1901–AB11) eral Counsel, Federal Emergency Manage- f received on May 23, 2005; to the Committee ment Agency, Department of Homeland Se- on Energy and Natural Resources. curity, transmitting, pursuant to law, the re- EXECUTIVE REPORTS OF EC–2323. A communication from the Sec- port of a rule entitled ‘‘Suspension of Com- COMMITTEES retary of Health and Human Services, trans- munity Eligibility’’ ((44 CFR 64) (Doc. No. mitting, pursuant to law, the Department’s FEMA–7873)) received on May 23, 2005; to the The following executive reports of first annual financial report required by the Committee on Banking, Housing, and Urban committees were submitted: Animal Drug User Fee Act of 2003 (ADUFA); Affairs. By Mr. WARNER for the Committee on to the Committee on Health, Education, EC–2335. A communication from the Gen- Armed Services. Labor, and Pensions. eral Counsel, Federal Emergency Manage- *Kenneth J. Krieg, of Virginia, to be Under EC–2324. A communication from the Sec- ment Agency, Department of Homeland Se- Secretary of Defense for Acquisition, Tech- retary of Health and Human Services, trans- curity, transmitting, pursuant to law, the re- nology, and Logistics.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5921 Air Force nomination of Col. Kathleen D. The PRESIDING OFFICER. Without and for other purposes; to the Committee on Close to be Brigadier General. objection, it is so ordered. Health, Education, Labor, and Pensions. Air Force nomination of Maj. Gen. Charles By Mr. LIEBERMAN (for himself and Air Force nominations beginning with E. Croom, Jr. to be Lieutenant General. Mr. ALEXANDER): Donnell E. Adams and ending with Daniel J. Air Force nomination of Col. Benjamin J. S. 1117. A bill to deepen the peaceful busi- Zalewski, which nominations were received Spraggins to be Brigadier General. ness and cultural engagement of the United by the Senate and appeared in the Congres- Air Force nomination of Lt. Gen. Ronald States and the People’s Republic of China, sional Record on March 14, 2005. E. Keys to be General. and for other purposes; to the Committee on Air Force nomination of Michael E. Van Army nomination of Brig. Gen. Benjamin Foreign Relations. Valkenburg to be Colonel. C. Freakley to be Major General. By Mr. FEINGOLD: Army nominations beginning with Robert Army nomination of Maj. Gen. Clyde A. S. 1118. A bill to amend the Reclamation D. Bowman and ending with Theresa M. Sul- Vaughn to be Lieutenant General. Reform Act of 1982 to reduce irrigation sub- Army nominations beginning with Briga- livan, which nominations were received by sidies, and for other purposes; to the Com- dier General Rita M. Broadway and ending the Senate and appeared in the Congres- mittee on Energy and Natural Resources. with Colonel Margaret C. Wilmoth, which sional Record on February 15, 2005. By Mr. CHAMBLISS: nominations were received by the Senate and Army nominations beginning with Cath- S. 1119. A bill to permit an alien to remain appeared in the Congressional Record on erine D. Schoonover and ending with Vincent eligible for a diversity visa beyond the fiscal April 25, 2005. M. Yznaga, which nominations were received year in which the alien applied for the visa, Army nomination of Col. Neil Dial to be by the Senate and appeared in the Congres- and for other purposes; to the Committee on Brigadier General. sional Record on May 9, 2005. the Judiciary. Army nominations beginning with Col. Navy nominations beginning with Joel P. By Mr. DURBIN (for himself, Mrs. LIN- Donald M. Bradshaw and ending with Col. Bernard and ending with Marc K. Williams, COLN, Mr. LUGAR, and Mr. SMITH): S. 1120. A bill to reduce hunger in the David A. Rubenstein, which nominations which nominations were received by the Sen- United States by half by 2010, and for other were received by the Senate and appeared in ate and appeared in the Congressional purposes; to the Committee on Agriculture, the Congressional Record on May 16, 2005. Record on April 21, 2005. Nutrition, and Forestry. Marine Corps nomination of Maj. Gen. By Mr. ENZI for the Committee on Health, By Mr. GRAHAM (for himself and Mr. John W. Bergman to be Lieutenant General. Education, Labor, and Pensions. DEMINT): Marine Corps nomination of Lt. Gen. Rob- *Charles P. Ruch, of South Dakota, to be a Member of the Board of Trustees of the S. 1121. A bill to direct the Secretary of the ert R. Blackman, Jr. to be Lieutenant Gen- Interior to conduct a study of the suitability eral. Barry Goldwater Scholarship and Excellence in Education Foundation for a term expiring and feasibility of establishing the Southern Navy nomination of Vice Adm. Gary Campaign of the Revolution Heritage Area in Roughead to be Admiral. August 11, 2010. *Harry Robinson, Jr., of Texas, to be a South Carolina, and for other purposes; to Navy nominations beginning with Captain the Committee on Energy and Natural Re- William R. Burke and ending with Captain Member of the National Museum Services Board for a term expiring December 6, 2008. sources. James P. Wisecup, which nominations were By Mr. KYL (for himself and Mr. received by the Senate and appeared in the *Kim Wang, of California, to be a Member MCCAIN): Congressional Record on April 4, 2005. of the National Museum and Library Serv- ices Board for a term expiring December 6, S. 1122. A bill to authorize and direct the Navy nomination of Rear Adm. (lh) Alan S. exchange and conveyance of certain National Thompson to be Rear Admiral. 2009. By Mr. WARNER for Ms. COLLINS for the Forest land and other land in southeast Ari- Navy nomination of Rear Adm. (lh) Nancy zona; to the Committee on Energy and Nat- J. Lescavage to be Rear Admiral. Committee on Homeland Security and Gov- ernmental Affairs. ural Resources. Navy nomination of Rear Adm. (lh) Jeffrey By Mr. LEVIN (for himself and Mr. A. Brooks to be Rear Admiral. *Philip J. Perry, of Virginia, to be General Counsel, Department of Homeland Security. DEWINE): Navy nomination of Rear Adm. (lh) Robert S. 1123. A bill to suspend temporarily the By Ms. COLLINS for the Committee on B. Murrett to be Rear Admiral. duty on certain microphones used in auto- Homeland Security and Governmental Af- Navy nomination of Capt. Victor C. See, motive interiors; to the Committee on Fi- fairs. Jr. to be Rear Admiral (lower half). nance. *Tony Hammond, of Virginia, to be a Com- Navy nomination of Capt. Christine M. By Mr. LUGAR: Bruzek-Kohler to be Rear Admiral (lower missioner of the Postal Rate Commission for S. 1124. A bill to postpone by 1 year the half). a term expiring October 14, 2010. date by which countries participating in the Navy nomination of Capt. Mark W. *Carolyn L. Gallagher, of Texas, to be a visa waiver program shall begin to issue ma- Balmert to be Rear Admiral (lower half). Governor of the United States Postal Service chine-readable tamper-resistant entry pass- Navy nominations beginning with Capt. for the remainder of the term expiring De- ports; to the Committee on the Judiciary. Raymond E. Berube and ending with Capt. cember 8, 2009. By Mr. SANTORUM: John J. Prendergast III, which nominations *Louis J. Giuliano, of New York, to be a S. 1125. A bill to reform liability for cer- were received by the Senate and appeared in Governor of the United States Postal Service tain charitable contributions and services; to the Congressional Record on April 27, 2005. for a term expiring December 8, 2005. the Committee on the Judiciary. Navy nominations beginning with Capt. *Louis J. Giuliano, of New York, to be a By Mr. SCHUMER (for himself and Kevin M. McCoy and ending with Capt. Wil- Governor of the United States Postal Service Mrs. CLINTON): liam D. Rodriguez, which nominations were for a term expiring December 8, 2014. S. 1126. A bill to provide that no Federal received by the Senate and appeared in the *Nomination was reported with rec- funds may be expended for the payment or Congressional Record on April 27, 2005. ommendation that it be confirmed sub- reimbursement of a drug that is prescribed Navy nomination of Rear Adm. (lh) David to a sex offender for the treatment of sexual ject to the nominee’s commitment to or erectile dysfunction; to the Committee on J. Venlet to be Rear Admiral. respond to requests to appear and tes- Navy nominations beginning with Rear Finance. Adm. (lh) Bruce W. Clingan and ending with tify before any duly constituted com- By Ms. SNOWE (for herself, Mr. THUNE, Rear Adm. (lh) James A. Winnefeld, Jr., mittee of the Senate. Ms. COLLINS, Mr. SUNUNU, Ms. MUR- which nominations were received by the Sen- (Nominations without an asterisk KOWSKI, Mr. DOMENICI, Mr. LIEBER- ate and appeared in the Congressional were reported with the recommenda- MAN, Mr. DODD, Mr. GREGG, Mr. LOTT, Record on May 9, 2005. tion that they be confirmed.) Mr. JOHNSON, Mr. CORZINE, Mr. Navy nomination of Capt. Carol M. BINGAMAN, and Mr. LAUTENBERG): Pottenger to be Rear Admiral (lower half). f S. 1127. A bill to require the Secretary of Navy nomination of Capt. Nathan E. Jones Defense to submit to Congress all docu- INTRODUCTION OF BILLS AND mentation related to the Secretary’s rec- to be Rear Admiral (lower half). JOINT RESOLUTIONS Navy nomination of Capt. Albert Garcia III ommendations for the 2005 round of defense to be Rear Admiral (lower half). The following bills and joint resolu- base closure and realignment; read the first time. Mr. WARNER. Mr. President, for the tions were introduced, read the first f Committee on Armed Services I report and second times by unanimous con- favorably the following nomination sent, and referred as indicated: SUBMISSION OF CONCURRENT AND lists which were printed in the By Mrs. CLINTON (for herself and Ms. SENATE RESOLUTIONS RECORDS on the dates indicated, and COLLINS): The following concurrent resolutions ask unanimous consent, to save the ex- S. 1116. A bill to amend the Older Ameri- cans Act of 1965 to provide for mental health and Senate resolutions were read, and pense of reprinting on the Executive screening and treatment services, to amend referred (or acted upon), as indicated: Calendar that these nominations lie at the Public Health Service Act to provide for By Mr. BIDEN (for himself, Mr. the Secretary’s desk for the informa- integration of mental health services and ALLARD, Mr. ALLEN, Mr. BUNNING, tion of Senators. mental health treatment outreach teams, Ms.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5922 CONGRESSIONAL RECORD — SENATE May 25, 2005 CANTWELL, Mr. COCHRAN, Mr. DOR- VOINOVICH) and the Senator from Min- Mississippi (Mr. LOTT) were added as GAN, Mrs. HUTCHISON, Mr. ISAKSON, nesota (Mr. COLEMAN) were added as co- cosponsors of S. 642, a bill to support Ms. LANDRIEU, Mr. LAUTENBERG, Mr. sponsors of S. 313, a bill to improve au- certain national youth organizations, SANTORUM, and Mr. WYDEN): S. Res. 154. A resolution designating Octo- thorities to address urgent non- including the Boy Scouts of America, ber 21, 2005 as ‘‘National Mammography proliferation crises and United States and for other purposes. Day’’; to the Committee on the Judiciary. nonproliferation operations. S. 658 By Mr. BIDEN (for himself, Mr. S. 333 At the request of Mr. BROWNBACK, the ALLARD, Mr. ALLEN, Mr. BAUCUS, Mr. At the request of Mr. SANTORUM, the name of the Senator from Montana BOND, Mr. CHAMBLISS, Mr. COBURN, name of the Senator from North Caro- (Mr. BURNS) was added as a cosponsor Ms. COLLINS, Mr. CRAPO, Mrs. DOLE, lina (Mr. BURR) was added as a cospon- of S. 658, a bill to amend the Public Mr. FEINGOLD, Mr. GREGG, Mr. Health Service Act to prohibit human HAGEL, Mr. INHOFE, Mr. ISAKSON, Mr. sor of S. 333, a bill to hold the current cloning. KENNEDY, Mr. LAUTENBERG, Mr. regime in Iran accountable for its LEVIN, and Mr. THOMAS): threatening behavior and to support a S. 681 S. Res. 155. A resolution designating the transition to democracy in Iran. At the request of Mr. HATCH, the week of November 6 through November 12, name of the Senator from Missouri S. 340 2005, as ‘‘National Veterans Awareness (Mr. TALENT) was added as a cosponsor At the request of Mr. LUGAR, the Week’’ to emphasize the need to develop edu- of S. 681, a bill to amend the Public name of the Senator from Vermont cational programs regarding the contribu- Health Service Act to establish a Na- tions of veterans to the country; to the Com- (Mr. JEFFORDS) was added as a cospon- tional Cord Blood Stem Cell Bank Net- mittee on the Judiciary. sor of S. 340, a bill to maintain the free By Mr. DURBIN (for himself, Mr. work to prepare, store, and distribute flow of information to the public by human umbilical cord blood stem cells SMITH, Mrs. LINCOLN, Mrs. DOLE, and providing conditions for the federally Mr. LEAHY): for the treatment of patients and to S. Res. 156. A resolution designating June compelled disclosure of information by support peer-reviewed research using 7, 2005, as ‘‘National Hunger Awareness Day’’ certain persons connected with the such cells. and authorizing that the Senate offices of news media. S. 689 Senators Gordon Smith, Blanche L. Lincoln, S. 424 Elizabeth Dole, and Richard J. Durbin be At the request of Mr. DOMENICI, the used to collect donations of food from May At the request of Mr. BOND, the name name of the Senator from Alaska (Mr. 26, 2005, until June 7, 2005, from concerned of the Senator from Utah (Mr. HATCH) STEVENS) was added as a cosponsor of Members of Congress and staff to assist fami- was added as a cosponsor of S. 424, a S. 689, a bill to amend the Safe Drink- lies suffering from hunger and food insecu- bill to amend the Public Health Serv- ing Water Act to establish a program rity in the Washington, D.C. metropolitan ice Act to provide for arthritis research to provide assistance to small commu- area; considered and agreed to. and public health, and for other pur- nities for use in carrying out projects By Mr. CRAIG (for himself and Mr. poses. BAUCUS): and activities necessary to achieve or S. Con. Res. 38. A concurrent resolution S. 471 maintain compliance with drinking permitting the use of the rotunda of the Cap- At the request of Mr. SPECTER, the water standards. itol for a ceremony to award the Congres- names of the Senator from Maine (Ms. S. 691 sional Award Gold Medal to national recipi- SNOWE), the Senator from Michigan At the request of Mr. DOMENICI, the ents; to the Committee on Rules and Admin- (Mr. LEVIN), the Senator from Lou- name of the Senator from Louisiana istration. isiana (Ms. LANDRIEU) and the Senator (Mr. VITTER) was added as a cosponsor f from New Mexico (Mr. BINGAMAN) were of S. 691, a bill to modify the prohibi- ADDITIONAL COSPONSORS added as cosponsors of S. 471, a bill to tion on recognition by United States S. 21 amend the Public Health Service Act courts of certain rights relating to cer- At the request of Ms. COLLINS, the to provide for human embryonic stem tain marks, trade names, or commer- name of the Senator from Nebraska cell research. cial names. (Mr. NELSON) was added as a cosponsor S. 503 S. 695 of S. 21, a bill to provide for homeland At the request of Mr. BOND, the name At the request of Mr. BYRD, the name security grant coordination and sim- of the Senator from Louisiana (Ms. of the Senator from South Dakota (Mr. plification, and for other purposes. LANDRIEU) was added as a cosponsor of JOHNSON) was added as a cosponsor of S. 103 S. 503, a bill to expand Parents as S. 695, a bill to suspend temporarily At the request of Mr. TALENT, the Teachers programs and other quality new shipper bonding privileges. name of the Senator from South Da- programs of early childhood home visi- S. 757 kota (Mr. THUNE) was added as a co- tation, and for other purposes. At the request of Mr. CHAFEE, the names of the Senator from Connecticut sponsor of S. 103, a bill to respond to S. 506 (Mr. LIEBERMAN), the Senator from the illegal production, distribution, At the request of Mr. HAGEL, the Wisconsin (Mr. KOHL), the Senator and use of methamphetamine in the name of the Senator from Rhode Island United States, and for other purposes. from New York (Mr. SCHUMER), the (Mr. CHAFEE) was added as a cosponsor Senator from New Hampshire (Mr. S. 185 of S. 506, a bill to amend the Public SUNUNU) and the Senator from Texas At the request of Mr. NELSON of Flor- Health Service Act to establish a schol- (Mrs. HUTCHISON) were added as cospon- ida, the name of the Senator from New arship and loan repayment program for sors of S. 757, a bill to amend the Pub- York (Mrs. CLINTON) was added as a co- public health preparedness workforce sponsor of S. 185, a bill to amend title lic Health Service Act to authorize the development to eliminate critical pub- Director of the National Institute of 10, United States Code, to repeal the lic health preparedness workforce requirement for the reduction of cer- Environmental Health Sciences to shortages in Federal, State, local, and tain Survivor Benefit Plan annuities make grants for the development and tribal public health agencies. by the amount of dependency and in- operation of research centers regarding demnity compensation and to modify S. 633 environmental factors that may be re- the effective date for paid-up coverage At the request of Mr. JOHNSON, the lated to the etiology of breast cancer. under the Survivor Benefit Plan. name of the Senator from Wisconsin S. 770 S. 191 (Mr. FEINGOLD) was added as a cospon- At the request of Mr. LEVIN, the At the request of Mrs. FEINSTEIN, the sor of S. 633, a bill to require the Sec- name of the Senator from Iowa (Mr. name of the Senator from Illinois (Mr. retary of the Treasury to mint coins in HARKIN) was added as a cosponsor of S. OBAMA) was added as a cosponsor of S. commemoration of veterans who be- 770, a bill to amend the Nonindigenous 191, a bill to extend certain trade pref- came disabled for life while serving in Aquatic Nuisance Prevention and Con- erences to certain least-developed the Armed Forces of the United States. trol Act of 1990 to reauthorize and im- countries, and for other purposes. S. 642 prove that Act. S. 313 At the request of Mr. FRIST, the S. 785 At the request of Mr. LUGAR, the names of the Senator from Colorado At the request of Mr. LOTT, the name names of the Senator from Ohio (Mr. (Mr. ALLARD) and the Senator from of the Senator from Louisiana (Mr.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5923 VITTER) was added as a cosponsor of S. aging the active engagement of Ameri- rated with us and have been working 785, a bill to amend the Internal Rev- cans in world affairs and urging the diligently on these issues for many enue Code of 1986 to modify the small Secretary of State to take the lead and years, including the American Associa- refiner exception to the oil depletion coordinate with other governmental tion for Geriatric Psychiatry, the deduction. agencies and non-governmental organi- American Psychological Association, S. 828 zations in creating an online database the National Association of Social At the request of Mr. HARKIN, the of international exchange programs Workers, the American Nurses Associa- name of the Senator from Arizona (Mr. and related opportunities. tion. MCCAIN) was added as a cosponsor of S. S. RES. 149 Today, advances in medical science 828, a bill to enhance and further re- At the request of Ms. SNOWE, the are helping us to live longer than ever search into paralysis and to improve name of the Senator from New York before. In New York State alone, there 1 rehabilitation and the quality of life (Mr. SCHUMER) was added as a cospon- are 2 ⁄2 million citizens aged 65 or older. for persons living with paralysis and sor of S. Res. 149, a resolution honoring And this population will only continue other physical disabilities, and for the life and contributions of His Emi- to grow as the firs wave of Baby other purposes. nence, Archbishop Iakovos, former Boomers turns 65 in less than 10 years. As we look forward to this increased S. 853 archbishop of the Greek Orthodox longevity, we must also acknowledge At the request of Mr. LUGAR, the Archdiocese of North and South Amer- the challenges that we face related to name of the Senator from Arizona (Mr. ica. the quality of life as we age. Chief MCCAIN) was added as a cosponsor of S. S. RES. 153 among these are mental and behavioral 853, a bill to direct the Secretary of At the request of Mr. LIEBERMAN, the health concerns. State to establish a program to bolster name of the Senator from Massachu- Although most older adults enjoy the mutual security and safety of the setts (Mr. KENNEDY) was added as a co- good mental health it is estimated that United States, Canada, and Mexico, sponsor of S. Res. 153, a resolution ex- nearly 20 percent of Americans age 55 and for other purposes. pressing the support of Congress for or older experience a mental disorder. S. 930 the observation of the National Mo- It is anticipated that the number of At the request of Mr. GRASSLEY, the ment of Remembrance at 3:00 pm local seniors with mental and behavioral name of the Senator from Rhode Island time on this and every Memorial Day health problems will almost quadruple, (Mr. CHAFEE) was added as a cosponsor to acknowledge the sacrifices made on from 4 million in 1970 to 15 million in of S. 930, a bill to amend the Federal the behalf of all Americans for the 2030. Food, Drug, and Cosmetic Act with re- cause of liberty. In New York State alone, there are spect to drug safety, and for other pur- AMENDMENT NO. 762 an estimated 500,000 older adults with poses. At the request of Mr. NELSON of Flor- mental health disorders. As the baby S. 1002 ida, the names of the Senator from boomers age we expect to see the num- At the request of Mr. GRASSLEY, the New Mexico (Mr. BINGAMAN) and the ber of seniors in need of mental health names of the Senator from Colorado Senator from New York (Mrs. CLINTON) services in the State of New York grow (Mr. SALAZAR) and the Senator from were added as cosponsors of amend- to over 750,000. Kansas (Mr. ROBERTS) were added as ment No. 762 intended to be proposed to Among the most prevalent mental cosponsors of S. 1002, a bill to amend S. 1042, an original bill to authorize ap- health concerns older adults encounter title XVIII of the Social Security Act propriations for fiscal year 2006 for are anxiety, depression, cognitive im- to make improvements in payments to military activities of the Department pairment, and substance abuse. These hospitals under the medicare program, of Defense, for military construction, disorders, if left untreated, can have and for other purposes. and for defense activities of the De- severe physical and psychological im- S. 1076 partment of Energy, to prescribe per- plications. In fact, older adults have At the request of Mrs. LINCOLN, the sonnel strengths for such fiscal year the highest rates of suicide in our name of the Senator from Minnesota for the Armed Forces, and for other country and depression is the foremost (Mr. COLEMAN) was added as a cospon- purposes. risk factor. sor of S. 1076, a bill to amend the Inter- f The physical consequences of mental health disorders can be both expensive nal Revenue Code of 1986 to extend the STATEMENTS ON INTRODUCED and debilitating. Depression has a pow- excise tax and income tax credits for BILLS AND JOINT RESOLUTIONS the production of biodiesel. erful negative impact on ability to By Mrs. CLINTON (for herself function, resulting in high rates of dis- S. 1103 and Ms. COLLINS): ability. The World Health Organization At the request of Mr. BAUCUS, the S. 1116. A bill to amend the Older projects that by the year 2020, depres- names of the Senator from Missouri Americans Act of 1965 to provide for sion will remain a leading cause of dis- (Mr. BOND), the Senator from Oregon mental health screening and treatment ability, second only to cardiovascular (Mr. SMITH) and the Senator from New services, to amend the Public Health disease. Even mild depression lowers Hampshire (Mr. SUNUNU) were added as Service Act to provide for integration immunity and may compromise a per- cosponsors of S. 1103, a bill to amend of mental health services and mental son’s ability to fight infections and the Internal Revenue Code of 1986 to re- health treatment outreach teams, and cancers. Research indicates that 50–70 peal the individual alternative min- for other purposes; to the Committee percent of all primary care medical vis- imum tax. on Health, Education, Labor, and Pen- its are related to psychological factors S. CON. RES. 15 sions. such as anxiety, depression, and stress. At the request of Mr. SANTORUM, the Mrs. CLINTON. Mr. President, today, Mental disorders do not have to be a name of the Senator from Connecticut Senator COLLINS and I, and in the part of the aging process because we (Mr. LIEBERMAN) was added as a co- House of Representatives, Congressman have effective treatments for these sponsor of S. Con. Res. 15, a concurrent KENNEDY and Congressman ROS- conditions. But in far too many in- resolution encouraging all Americans LEHTINEN, are reintroducing the Posi- stances our seniors go undiagnosed and to increase their charitable giving, tive Aging Act, in an effort to improve untreated because of the current divide with the goal of increasing the annual the accessibility and quality of mental in our country between health care and amount of charitable giving in the health services for our rapidly growing mental health care. United States by 1 percent. population of older Americans. Too often physicians and other S. RES. 104 We are pleased to be reintroducing health professionals fail to recognize At the request of Mr. FEINGOLD, the this important legislation during Men- the signs and symptoms of mental name of the Senator from Minnesota tal Health and Aging Week. health problems. Even more troubling, (Mr. COLEMAN) was added as a cospon- I want to acknowledge and thank our knowledge about treatment is simply sor of S. Res. 104, a resolution express- partners from the mental health and not accessible to many primary care ing the sense of the Senate encouraging community who have collabo- practitioners. As a whole, we have

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5924 CONGRESSIONAL RECORD — SENATE May 25, 2005 failed to fully integrate mental health (including, but not limited to, mood and anx- ‘‘(1) coordinate services described in sub- screening and treatment into our iety disorders, dementias of all kinds, psy- section (a) with other community agencies, health service systems. chotic disorders, and substances and alcohol and voluntary organizations, providing simi- These missed opportunities to diag- abuse), relying to the greatest extent fea- lar or related services; and sible on protocols that have been developed— ‘‘(2) to the greatest extent practicable, in- nose and treat mental health disorders ‘‘(i) by or under the auspices of the Sec- tegrate outreach and educational activities are taking a tremendous toll on seniors retary; or with existing (as of the date of the integra- and increasing the burden on their ‘‘(ii) by academicians with expertise in tion) health care and social service providers families and our health care system. mental health and aging; and serving older individuals in the planning and That is why I am reintroducing the ‘‘(B) coordinated and integrated with the service area involved. Positive Aging Act with my co-spon- services of social service, mental health, and ‘‘(d) RELATIONSHIP TO OTHER FUNDING SOURCES.—Funds made available under this sors Senator COLLINS and Representa- health care providers in an area in order to— ‘‘(i) improve patient outcomes; and part shall supplement, and not supplant, any tives KENNEDY and ROS-LEHTINEN. ‘‘(ii) assure, to the maximum extent fea- Federal, State, and local funds expended by a This legislation would amend the sible, the continuing independence of older State or unit of general purpose local gov- Older Americans Act and the Public individuals who are residing in the area.’’. ernment (including an area agency on aging) Health Service Act to strengthen the SEC. 102. OFFICE OF OLDER ADULT MENTAL to provide the services described in sub- delivery of mental health services to HEALTH SERVICES. section (a).’’. older Americans. Section 301(b) of the Older Americans Act SEC. 104. DEMONSTRATION PROJECTS PRO- Specifically, the Positive Aging Act of 1965 (42 U.S.C. 3021(b)) is amended by add- VIDING MENTAL HEALTH SCREEN- ing at the end the following: ING AND TREATMENT SERVICES TO would fund grants to states to provide ‘‘(3) The Assistant Secretary shall estab- OLDER INDIVIDUALS LIVING IN screening and treatment for mental lish within the Administration an Office of RURAL AREAS. health disorders in seniors. Older Adult Mental Health Services, which The Older Americans Act of 1965 (42 U.S.C. It would also fund demonstration shall be responsible for the development and 3001 et seq.) is amended— projects to provide these screening and implementation of initiatives to address the (1) by inserting before section 401 the fol- treatment services to older adults re- mental health needs of older individuals.’’. lowing: siding in rural areas and in naturally SEC. 103. GRANTS TO STATES FOR THE DEVELOP- ‘‘TITLE IV—GRANTS FOR EDUCATION, MENT AND OPERATION OF SYSTEMS occurring retirement communities, TRAINING, AND RESEARCH’’; FOR PROVIDING MENTAL HEALTH and NORC’s. SCREENING AND TREATMENT SERV- This legislation would also authorize ICES TO OLDER INDIVIDUALS LACK- (2) in part A of title IV, by adding at the end the following: demonstration projects to reach out to ING ACCESS TO SUCH SERVICES. Title III of the Older Americans Act of 1965 ‘‘SEC. 422. DEMONSTRATION PROJECTS PRO- seniors and make much needed collabo- (42 U.S.C. 3021 et seq.) is amended— VIDING MENTAL HEALTH SCREEN- rative mental health services available (1) in section 303, by adding at the end the ING AND TREATMENT SERVICES TO in community settings where older following: OLDER INDIVIDUALS LIVING IN adults reside and already receive serv- ‘‘(f) There are authorized to be appro- RURAL AREAS. ‘‘(a) DEFINITION.—In this section, the term priated to carry out part F (relating to ices such as primary care clinics, sen- ‘rural area’ means— ior centers, adult day care programs, grants for programs providing mental health screening and treatment services) such sums ‘‘(1) any area that is outside a metropoli- and assisted living facilities. as may be necessary for fiscal year 2006 and tan statistical area (as defined by the Direc- Today, we are fortunate to have a va- each of the 5 succeeding fiscal years.’’; tor of the Office of Management and Budget); riety of effective treatments to address (2) in section 304(a)(1), by inserting ‘‘and or the mental health needs of American subsection (f)’’ after ‘‘through (d)’’; and ‘‘(2) such similar area as the Secretary seniors. I believe that we owe it to (3) by adding at the end the following: specifies in a regulation issued under section 1886(d)(2)(D) of the Social Security Act (42 ‘‘PART F—MENTAL HEALTH SCREENING older adults in this country to do all U.S.C. 1395ww(d)(2)(D)). AND TREATMENT SERVICES FOR OLDER that we can to ensure that high quality ‘‘(b) AUTHORITY.—The Assistant Secretary mental health care is both available INDIVIDUALS shall make grants to eligible public agencies and accessible. ‘‘SEC. 381. GRANTS TO STATES FOR PROGRAMS and nonprofit private organizations to pay PROVIDING MENTAL HEALTH part or all of the cost of developing or oper- This legislation takes an important SCREENING AND TREATMENT SERV- step in that direction and I look for- ICES FOR OLDER INDIVIDUALS. ating model health care service projects involving the provision of mental health ward to working with you all to enact ‘‘(a) PROGRAM AUTHORIZED.—The Assistant the Positive Aging Act during the up- Secretary shall carry out a program for screening and treatment services to older in- making grants to States under State plans dividuals residing in rural areas. coming Older Americans Act and ‘‘(c) DURATION.—Grants made under this SAMHSA reauthorizations. approved under section 307 for the development and operation of— section shall be made for 3-year periods. I ask unanimous consent that the ‘‘(1) systems for the delivery of mental ‘‘(d) APPLICATION.—To be eligible to re- text of the bill be printed in the health screening and treatment services for ceive a grant under this section, a public RECORD. older individuals who lack access to such agency or nonprofit private organization There being no objection, the mate- services; and shall submit to the Assistant Secretary an rial was ordered to be printed in the ‘‘(2) programs to— application containing such information and assurances as the Assistant Secretary may RECORD, as follows: ‘‘(A) increase public awareness regarding the benefits of prevention and treatment of require, including— S. 1116 mental disorders in older individuals; ‘‘(1) information describing— Be it enacted by the Senate and House of Rep- ‘‘(B) reduce the stigma associated with ‘‘(A) the geographic area and target popu- resentatives of the United States of America in mental disorders in older individuals and lation (including the racial and ethnic com- Congress assembled, other barriers to the diagnosis and treat- position of the target population) to be SECTION 1. SHORT TITLE. ment of the disorders; and served by the project; and This Act may be cited as the ‘‘Positive ‘‘(C) reduce age-related prejudice and dis- ‘‘(B) the nature and extent of the appli- Aging Act of 2005’’. crimination regarding mental disorders in cant’s experience in providing mental health older individuals. screening and treatment services of the type TITLE I—AMENDMENTS TO THE OLDER to be provided in the project; AMERICANS ACT OF 1965 ‘‘(b) STATE ALLOCATION AND PRIORITIES.—A State agency that receives funds through a ‘‘(2) assurances that the applicant will SEC. 101. DEFINITIONS. grant made under this section shall allocate carry out the project— Section 102 of the Older Americans Act of the funds to area agencies on aging to carry ‘‘(A) through a multidisciplinary team of 1965 (42 U.S.C. 3002) is amended by adding at out this part in planning and service areas in licensed mental health professionals; the end the following: the State. In allocating the funds, the State ‘‘(B) using evidence-based intervention and ‘‘(44) MENTAL HEALTH SCREENING AND agency shall give priority to planning and treatment protocols to the extent such pro- TREATMENT SERVICES.—The term ‘mental service areas in the State— tocols are available; health screening and treatment services’ ‘‘(1) that are medically underserved; and ‘‘(C) using telecommunications tech- means patient screening, diagnostic services, ‘‘(2) in which there are a large number of nologies as appropriate and available; and care planning and oversight, therapeutic older individuals. ‘‘(D) in coordination with other providers interventions, and referrals that are— ‘‘(c) AREA COORDINATION OF SERVICES WITH of health care and social services (such as ‘‘(A) provided pursuant to evidence-based OTHER PROVIDERS.—In carrying out this senior centers and adult day care providers) intervention and treatment protocols (to the part, to more efficiently and effectively deserving the area; and extent such protocols are available) for men- liver services to older individuals, each area ‘‘(3) assurances that the applicant will con- tal disorders prevalent in older individuals agency on aging shall— duct and submit to the Assistant Secretary

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5925 such evaluations and reports as the Assist- ‘‘(3) assurances that the applicant will con- populations, are served by projects funded ant Secretary may require. duct and submit to the Assistant Secretary under this section. ‘‘(e) REPORTS.—The Assistant Secretary such evaluations and reports as the Assist- ‘‘(d) DURATION.—A project may receive shall prepare and submit to the appropriate ant Secretary may require. funding pursuant to a grant under this sec- committees of Congress a report that in- ‘‘(e) REPORTS.—The Assistant Secretary tion for a period of up to 3 years, with an ex- cludes summaries of the evaluations and re- shall prepare and submit to the appropriate tension period of 2 additional years at the ports required under subsection (d)(3). committees of Congress a report that in- discretion of the Secretary. ‘‘(f) COORDINATION.—The Assistant Sec- cludes summaries of the evaluations and re- ‘‘(e) APPLICATION.—To be eligible to receive retary shall provide for appropriate coordi- ports required under subsection (d)(3). a grant under this section, a public or pri- nation of programs and activities receiving ‘‘(f) COORDINATION.—The Assistant Sec- vate nonprofit entity shall— funds pursuant to a grant under this section retary shall provide for appropriate coordi- ‘‘(1) submit an application to the Secretary with programs and activities receiving funds nation of programs and activities receiving (in such form, containing such information, pursuant to grants under sections 381 and funds pursuant to grants made under this and at such time as the Secretary may speci- 423, and sections 520K and 520L of the Public section with programs and activities receiv- fy); and Health Service Act.’’. ing funds pursuant to grants made under sec- ‘‘(2) agree to report to the Secretary stand- SEC. 105. DEMONSTRATION PROJECTS PRO- tions 381 and 422, and sections 520K and 520L ardized clinical and behavioral data nec- VIDING MENTAL HEALTH SCREEN- of the Public Health Service Act.’’. essary to evaluate patient outcomes and to ING AND TREATMENT SERVICES TO facilitate evaluations across participating TITLE II—PUBLIC HEALTH SERVICE ACT OLDER INDIVIDUALS LIVING IN NAT- projects. URALLY OCCURRING RETIREMENT AMENDMENTS COMMUNITIES IN URBAN AREAS. ‘‘(f) EVALUATION.—Not later than July 31 of SEC. 201. DEMONSTRATION PROJECTS TO SUP- Part A of title IV of the Older Americans each calendar year, the Secretary shall sub- PORT INTEGRATION OF MENTAL mit to Congress a report evaluating the Act of 1965 (42 U.S.C. 3032 et seq.), as amend- HEALTH SERVICES IN PRIMARY ed by section 104, is further amended by add- CARE SETTINGS. projects receiving awards under this section for such year. ing at the end the following: Subpart 3 of part B of title V of the Public ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Funds ‘‘SEC. 423. DEMONSTRATION PROJECTS PRO- Health Service Act (42 U.S.C. 290bb–31 et made available under this section shall sup- VIDING MENTAL HEALTH SCREEN- seq.) is amended— plement, and not supplant, other Federal, ING AND TREATMENT SERVICES TO (1) in section 520(b)— State, or local funds available to an entity OLDER INDIVIDUALS LIVING IN NAT- (A) in paragraph (14), by striking ‘‘and’’ URALLY OCCURRING RETIREMENT to carry out activities described in this sec- after the semicolon; COMMUNITIES IN URBAN AREAS. tion. (B) in paragraph (15), by striking the pe- ‘‘(a) DEFINITIONS.—In this section: ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) NATURALLY OCCURRING RETIREMENT riod at the end and inserting ‘‘; and’’; and There are authorized to be appropriated such COMMUNITY.—The term ‘naturally occurring (C) by adding at the end the following: sums as may be necessary to carry out this retirement community’ means a residential ‘‘(16) conduct the demonstration projects section for fiscal year 2006 and each fiscal area (such as an apartment building, housing specified in section 520K.’’; and year thereafter.’’. (2) by adding at the end the following: complex or development, or neighborhood) SEC. 202. GRANTS FOR COMMUNITY-BASED MEN- not originally built for older individuals but ‘‘SEC. 520K. PROJECTS TO DEMONSTRATE INTE- TAL HEALTH TREATMENT OUT- in which a substantial number of individuals GRATION OF MENTAL HEALTH SERV- REACH TEAMS. have aged in place (and become older individ- ICES IN PRIMARY CARE SETTINGS. Subpart 3 of part B of title V of the Public uals) while residing in such area. ‘‘(a) IN GENERAL.—The Secretary, acting Health Service Act (42 U.S.C. 290bb–31 et ‘‘(2) URBAN AREA.—The term ‘urban area’ through the Director of the Center for Men- seq.), as amended by section 201, is further means— tal Health Services, shall award grants to amended by adding at the end the following: ‘‘(A) a metropolitan statistical area (as de- public and private nonprofit entities for ‘‘SEC. 520L. GRANTS FOR COMMUNITY-BASED fined by the Director of the Office of Man- projects to demonstrate ways of integrating MENTAL HEALTH TREATMENT OUT- agement and Budget); or mental health services for older patients REACH TEAMS. ‘‘(B) such similar area as the Secretary into primary care settings, such as health ‘‘(a) IN GENERAL.—The Secretary, acting specifies in a regulation issued under section centers receiving a grant under section 330 through the Director of the Center for Men- 1886(d)(2)(D) of the Social Security Act (42 (or determined by the Secretary to meet the tal Health Services, shall award grants to U.S.C. 1395ww(d)(2)(D)). requirements for receiving such a grant), public or private nonprofit entities that are ‘‘(b) AUTHORITY.—The Assistant Secretary other Federally qualified health centers, pri- community-based providers of geriatric men- shall make grants to eligible public agencies mary care clinics, and private practice sites. tal health services, to support the establish- and nonprofit private organizations to pay ‘‘(b) REQUIREMENTS.—In order to be eligible ment and maintenance by such entities of part or all of the cost of developing or oper- for a grant under this section, the project to multi-disciplinary geriatric mental health ating model health care service projects in- be carried out by the entity shall provide for outreach teams in community settings volving the provision of mental health collaborative care within a primary care set- where older adults reside or receive social screening and treatment services to older in- ting, involving psychiatrists, psychologists, services. Entities eligible for such grants individuals residing in naturally occurring re- and other licensed mental health profes- clude— tirement communities located in urban sionals (such as social workers and advanced ‘‘(1) mental health service providers of a areas. practice nurses) with appropriate training State or local government; ‘‘(c) DURATION.—Grants made under this and experience in the treatment of older ‘‘(2) outpatient programs of private, non- section shall be made for 3-year periods. adults, in which screening, assessment, and profit hospitals; ‘‘(d) APPLICATION.—To be eligible to re- intervention services are combined into an ‘‘(3) community mental health centers ceive a grant under this section, a public integrated service delivery model, includ- meeting the criteria specified in section agency or nonprofit private organization ing— 1913(c); and shall submit to the Assistant Secretary an ‘‘(1) screening services by a mental health ‘‘(4) other community-based providers of application containing such information and professional with at least a masters degree mental health services. assurances as the Assistant Secretary may in an appropriate field of training; ‘‘(b) REQUIREMENTS.—To be eligible to re- require, including— ‘‘(2) referrals for necessary prevention, ceive a grant under this section, an entity ‘‘(1) information describing— intervention, follow-up care, consultations, shall— ‘‘(A) the naturally occurring retirement and care planning oversight for mental ‘‘(1) adopt and implement, for use by its community and target population (including health and other service needs, as indicated; mental health outreach team, evidence- the racial and ethnic composition of the tar- and based intervention and treatment protocols get population) to be served by the project; ‘‘(3) adoption and implementation of evi- (to the extent such protocols are available) and dence-based protocols, to the extent avail- for mental disorders prevalent in older indi- ‘‘(B) the nature and extent of the appli- able, for prevalent mental health disorders, viduals (including, but not limited to, mood cant’s experience in providing mental health including depression, anxiety, behavioral and anxiety disorders, dementias of all screening and treatment services of the type and psychological symptoms of dementia, kinds, psychotic disorders, and substance to be provided in the project; psychosis, and misuse of, or dependence on, and alcohol abuse), relying to the greatest ‘‘(2) assurances that the applicant will alcohol or medication. extent feasible on protocols that have been carry out the project— ‘‘(c) CONSIDERATIONS IN AWARDING developed— ‘‘(A) through a multidisciplinary team of GRANTS.—In awarding grants under this sec- ‘‘(A) by or under the auspices of the Sec- licensed mental health professionals; tion, the Secretary, to the extent feasible, retary; or ‘‘(B) using evidence-based intervention and shall ensure that— ‘‘(B) by academicians with expertise in treatment protocols to the extent such pro- ‘‘(1) projects are funded in a variety of geo- mental health and aging; tocols are available; and graphic areas, including urban and rural ‘‘(2) provide screening for mental disorders, ‘‘(C) in coordination with other providers areas; and diagnostic services, referrals for treatment, of health care and social services serving the ‘‘(2) a variety of populations, including ra- and case management and coordination retirement community; and cial and ethnic minorities and low-income through such teams; and

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5926 CONGRESSIONAL RECORD — SENATE May 25, 2005 ‘‘(3) coordinate and integrate the services Adult Mental Health Services, who shall be ues as a Nation form the basis of our provided by such team with the services of responsible for the development and imple- policies. With that in mind, I stand be- social service, mental health, and medical mentation of initiatives of the Center to ad- fore you today to introduce legislation dress the mental health needs of older providers at the site or sites where the team that will deepen the scope and breadth is based in order to— adults. Such initiatives shall include— ‘‘(A) improve patient outcomes; and ‘‘(1) research on prevention and identifica- of America’s relationship with China ‘‘(B) to assure, to the maximum extent fea- tion of mental disorders in the geriatric pop- through the reaching out of our Na- sible, the continuing independence of older ulation; tion’s hand in friendship. adults who are residing in the community. ‘‘(2) innovative demonstration projects for We introduce this with a bit of hu- ‘‘(c) COOPERATIVE ARRANGEMENTS WITH the delivery of community-based mental mility because history constantly SITES SERVING AS BASES FOR OUTREACH.—An health services for older Americans; shows us that the more things change, entity receiving a grant under this section ‘‘(3) support for the development and dis- the more they stay the same. Fortu- may enter into an agreement with a person semination of evidence-based practice mod- nately American history is filled with operating a site at which a geriatric mental els, including models to address dependence health outreach team of the entity is based, on, and misuse of, alcohol and medication in good ideas to guide us. including— older adults; and Back in 1871, President Ulysses S. ‘‘(1) senior centers; ‘‘(4) development of model training pro- Grant told Congress that trade imbal- ‘‘(2) adult day care programs; grams for mental health professionals and ances with China were threatening the ‘‘(3) assisted living facilities; and care givers serving older adults.’’. viability of key United States’ indus- ‘‘(4) recipients of grants to provide services SEC. 204. MEMBERSHIP OF ADVISORY COUNCIL tries and warned that federal interven- to senior citizens under the Older Americans FOR THE CENTER FOR MENTAL tion might be needed to restore the Act of 1965, under which such person provides HEALTH SERVICES. Section 502(b)(3) of the Public Health Serv- balance of trade. (and is reimbursed by the entity, out of That is true today and I am both funds received under the grant, for) any sup- ice Act (42 U.S.C. 290aa–1(b)(3)) is amended portive services, such as transportation and by adding at the end the following: sponsoring and supporting legislation administrative support, that such person ‘‘(C) In the case of the advisory council for to fairly revalue the Yuan so that U.S. provides to an outreach team of such entity. the Center for Mental Health Services, the industries and workers enjoy a fair ‘‘(d) CONSIDERATIONS IN AWARDING members appointed pursuant to subpara- playing field in the global market. GRANTS.—In awarding grants under this sec- graphs (A) and (B) shall include representa- But Grant also thought many prob- tion, the Secretary, to the extent feasible, tives of older Americans, their families, and lems with China could be solved if we geriatric mental health specialists.’’. shall ensure that— just better understood Chinese lan- SEC. 205. PROJECTS OF NATIONAL SIGNIFICANCE ‘‘(1) projects are funded in a variety of geo- guage and culture. He proposed sending graphic areas, including urban and rural TARGETING SUBSTANCE ABUSE IN areas; and OLDER ADULTS. at least four American students a year ‘‘(2) a variety of populations, including ra- Section 509(b)(2) of the Public Health Serv- to China to study the language and cul- ice Act (42 U.S.C. 290bb–2(b)(2)) is amended cial and ethnic minorities and low-income ture and who would then act as effec- by inserting before the period the following: populations, are served by projects funded tive translators for business and gov- ‘‘, and to providing treatment for older under this section. adults with alcohol or substance abuse or ad- ernment officials. ‘‘(e) APPLICATION.—To be eligible to receive diction, including medication misuse or de- Grant’s idea was never acted on and a grant under this section, an entity shall— pendence’’. years of unfortunate history separated ‘‘(1) submit an application to the Secretary China from the rest of the world any- (in such form, containing such information, SEC. 206. CRITERIA FOR STATE PLANS UNDER COMMUNITY MENTAL HEALTH SERV- way. at such time as the Secretary may specify); ICES BLOCK GRANTS. and But China is back and so are the (a) IN GENERAL.—Section 1912(b)(4)of the challenges. ‘‘(2) agree to report to the Secretary stand- Public Health Service Act (42 U.S.C. 300x– ardized clinical and behavioral data nec- 2(b)(4)) is amended to read as follows: Those versed in international affairs essary to evaluate patient outcomes and to ‘‘(4) TARGETED SERVICES TO OLDER INDIVID- and trade are fully aware of China’s facilitate evaluations across participating UALS, INDIVIDUALS WHO ARE HOMELESS, AND emerging influence. However, our projects. INDIVIDUALS LIVING IN RURAL AREAS.—The present education system is not ‘‘(f) COORDINATION.—The Secretary shall plan describes the State’s outreach to and equipped to supply the number of provide for appropriate coordination of pro- services for older individuals, individuals skilled professionals required to con- grams and activities receiving funds pursu- who are homeless, and individuals living in ant to a grant under this section with pro- structively interact with China. Ac- rural areas, and how community-based serv- cording to the 2000 Census there are grams and activities receiving funds pursu- ices will be provided to these individuals.’’. ant to grants under section 520K and sections (b) EFFECTIVE DATE.—The amendment about 2.2 million Americans that speak 381, 422, and 423 of the Older Americans Act made by subsection (a) shall apply to State Chinese. Of that 2.2 million, approxi- of 1965. plans submitted on or after the date that is mately 85–95 percent are Americans of ‘‘(g) EVALUATION.—Not later than July 31 180 days after the date of enactment of this Chinese descent. According to several of each calendar year, the Secretary shall Act. studies there is a dearth of knowledge submit to Congress a report evaluating the among college-bound students regard- projects receiving awards under this section By Mr. LIEBERMAN (for himself ing Chinese cultural pillars like Mao for such year. and Mr. ALEXANDER): ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Funds S. 1117. A bill to deepen the peaceful Zedong in the United States. China, on made available under this section shall sup- business and cultural engagement of the other hand, mandates English in- plement, and not supplant, other Federal, struction beginning in—what we would State, or local funds available to an entity the United States and the People’s Re- public of China, and for other purposes; call—the third grade. For every stu- to carry out activities described in this sec- dent we send to China to study there, tion. to the Committee on Foreign Rela- they send 25 to study here. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— tions. There are authorized to be appropriated such Mr. LIEBERMAN. Mr. President, I If you combine these findings with sums as may be necessary to carry out this rise to introduce a bill that aims to re- the fact that well over half of the 500 section for fiscal year 2006 and each fiscal define and enhance the relationship be- largest companies are currently in- year thereafter.’’. tween the People’s Republic of China vested in China, with many more draw- SEC. 203. DESIGNATION OF DEPUTY DIRECTOR and the United States of America. ing up plans to do so, it becomes clear FOR OLDER ADULT MENTAL HEALTH to me that the talent pool for future SERVICES IN CENTER FOR MENTAL At this point in our history we stand HEALTH SERVICES. at the threshold of a new era in Amer- American-produced leaders with exper- Section 520 of the Public Health Service ican Foreign policy and indeed of world tise in Chinese affairs is woefully inad- Act (42 U.S.C. 290bb–31) is amended— history. For the first time ever an eco- equate. If you take a look at China’s (1) by redesignating subsection (c) as sub- nomic and military superpower is top ten trading partners, seven of those section (d); and about to emerge without war or catas- have a trade surplus with China and (2) by inserting after subsection (b) the fol- trophe: Asia’s middle kingdom: the most importantly, five of those seven lowing: have a significant population with ‘‘(c) DEPUTY DIRECTOR FOR OLDER ADULT People’s Republic of China, stands at MENTAL HEALTH SERVICES IN CENTER FOR the precipice of becoming one of the deep-seated knowledge of Chinese lan- MENTAL HEALTH SERVICES.—The Director, two most influential nations on Earth. guage and culture. America needs more after consultation with the Administrator, I have always held that our foreign people with the expertise to transact shall designate a Deputy Director for Older policy is best conducted when our val- with China in international affairs and

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5927 to increase the number of professionals that is as bright as our past. Education ment, however, some of the bene- that will assist both nations in growing experts, corporate leaders, and even ficiaries of Federal water projects and balancing our economic inter- some government officials have talked repay considerably less than their full dependency. for sometime about the convergence of share of these costs. According to the The future repercussions of our lack economic, demographic, and national 1996 GAO report, agribusinesses gen- of knowledge about Chinese culture are security trends that require our young erally receive the largest amount of immense. The Chinese have just begun people to attain a greater level of federal financial assistance. Since the to compete with U.S. firms for precious international knowledge and skills to initiation of the irrigation program in natural resources to feed the expo- be successful as workers and citizens in 1902, construction costs associated with nential growth of their economy. China our increasingly dynamic American irrigation have been repaid without in- is the world’s biggest consumer of steel economy. terest. The GAO further found, in re- and in another decade will be the big- The rise of China comes with a whole viewing the Bureau of Reclamation’s gest consumer of petroleum. Currently, set of challenges. But the ability to financial reports, that $16.9 billion, or China’s middle class is the fastest talk to and understand each other 78 percent, of the $21.8 billion of Fed- growing anywhere in the world. Over should not be among them. eral investment in water projects is 400 of the world’s Fortune 500 compa- The United States-China Cultural considered to be reimbursable. Of the nies are invested in China’s economy, Engagement Act sets forth a strategy reimbursable costs, the largest share, which will soon be the largest con- for achieving that level of under- $7.1 billion, is allocated to irrigation sumer market in the world. Already, standing and cooperation with China, I interests. GAO also found that the Bu- our trade with Asia is double that with urge my colleagues to look favorably reau of Reclamation will likely shift Europe and is expected to exceed one upon this measure. $3.4 billion of the debt owed by agri- trillion dollars annually before 2010. businesses to other users of the water By Mr. FEINGOLD: projects for repayment. China, soon to be the biggest economic S. 1118. A bill to amend the Reclama- power in Asia, will play a large role in There are several reasons why large tion Reform Act of 1982 to reduce irri- agribusinesses continue to receive such that growth. Consequently, the one in gation subsidies, and for other pur- six U.S. jobs that are currently tied to significant subsidies. Under the Rec- poses; to the Committee on Energy and lamation Reform Act of 1982, Congress international trade will grow substan- Natural Resources. acted to expand the size of the farms tially. If the U.S. is to grab a signifi- Mr. FEINGOLD. Mr. President, today that could receive subsidized water cant piece of China’s burgeoning con- I am introducing a measure aimed at from 160 acres to 960 acres. The RRA of sumer market, we must begin by en- curbing wasteful spending. In the face 1982 expressly prohibits farms that ex- gaging China as experts of their cul- of our ever growing Federal deficit, we ceed 960 acres in size from receiving ture. must prioritize and eliminate programs federally subsidized water. These re- The United States-China Cultural that can no longer be sustained with Engagement Act of 2005 authorizes $1.3 strictions were added to the Reclama- limited Federal dollars, or where a tion law to close loopholes through billion over the five years after its en- more cost-effective means of fulfilling which Federal subsidies were flowing actment. This is a symbolic gesture for those functions can be substituted. The to large agribusinesses rather than the the recent birth of China’s one billion measure that I introduce today estab- small family farmers that Reclamation three hundred millionth citizen. One lishes a means test for large agri- projects were designed to serve. Agri- may argue that is too much given businesses receiving subsidized water businesses were expected to pay full other important—under-funded—na- from the Bureau of Reclamation. cost for all water received on land in tional priorities. However, the dividend The irrigation means test provision excess of their 960 acre entitlement. from this investment in our future is drawn from legislation that I have Despite the express mandate of Con- business and government leaders pays sponsored in previous Congresses to re- gress, regulations promulgated under for itself a hundred or even a million duce the amount of Federal irrigation the Reclamation Reform Act of 1982 times over in opportunities for eco- subsidies received by large agribusiness have failed to keep big agricultural nomic growth and in potential foreign interests. I believe that reforming Fed- water users from receiving Federal sub- crises that will be averted. eral water pricing policy by reducing sidies. The General Accounting Office In this legislation, I propose to sig- subsidies is important as a means to and the Inspector General of the De- nificantly enhance our schools and aca- achieve our broader objectives of partment of the Interior continue to demic institutions’ ability to teach achieving a truly balanced budget. This find that the acreage limits established Chinese language and culture from ele- legislation is also needed to curb fun- in law are circumvented through the mentary school through advanced de- damental abuses of reclamation law creation of arrangements such as farm- gree studies. This act will expand stu- that cost the taxpayer millions of dol- ing trusts. These trusts, which in total dent physical exchange programs with lars every year. acreage well exceed the 960 acre limit, China as well as create a virtual ex- In 1901, President Theodore Roosevelt are comprised of smaller units that are change infrastructure for secondary proposed legislation, which came to be not subject to the reclamation acreage school students that study Chinese. known as the Reclamation Act of 1902, cap. These smaller units are farmed Initiatives were included, that offer the to encourage development of family under a single management agreement Department of State more flexibility farms throughout the western United often through a combination of leasing in granting visas to Chinese scientists States. The idea was to provide needed and ownership. to come here and study at American water for areas that were otherwise dry The Department of the Interior has academic institutions. For American and give small farms, those no larger acknowledged that these trusts exist. businesses, I seek a substantial in- than 160 acres, a chance, with a helping Interior published a final rulemaking crease in Foreign Commercial Service hand from the Federal Government, to in 1998 to require farm operators who officers stationed in China to uncover establish themselves. According to a provide services to more than 960 non- and facilitate more American export 1996 General Accounting Office report, exempt acres westwide, held by a single opportunities. For non-corporate entre- since the passage of the Reclamation trust or legal entity or any combina- preneurs, provisions that provide for Act, the Federal Government has spent tion of trusts and legal entities, to sub- the expansion of state specific export $21.8 billion to construct 133 water mit RRA forms to the district(s) where centers and greater Small Business Ad- projects in the west to provide water such land is located. Water districts ministration outreach were also infor irrigation. Agribusinesses, and are now required to provide specific included. other project beneficiaries, are re- formation about farm operators to In- Engaging China as an ally in inter- quired under the law to repay to the terior annually. This information is an national affairs and as a partner in Federal Government their allocated important step toward enforcing the building economic prosperity is of the share of the costs of constructing these legislation that I am reintroducing utmost importance to the United projects. today. States. Only if we succeed in fostering As a result of the subsidized financ- A recent report by the Environ- this relationship can we have a future ing provided by the Federal Govern- mental Working Group examined water

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5928 CONGRESSIONAL RECORD — SENATE May 25, 2005 subsidies in the Central Valley Project ments to the highest grossing 10 per- Appeals. In a decision last year, the (CVP) of California and it provides fur- cent of farms, then the federal govern- Court found that the INS lacks the au- ther evidence that this legislation is ment would recover between $440 mil- thority to act on Nyaga’s application long overdue. According to EWG, in lion and $1.1 billion per year, or at after the end of the fiscal year, regard- 2002, the largest 10 percent of the farms least $2.2 billion over 5 years. less of how meritorious his case is. The in the area got 67 percent of the water, When countless Federal programs are court even went so far as to note that for an average subsidy worth up to subjected to various types of means a private relief bill is the remedy for $349,000 each at market rates for re- tests to limit benefits to those who Nyaga in order to overcome the stat- placement water. Twenty-seven large truly need assistance, it makes little uary barrier that prohibits the INS farms received subsidies each worth $1 sense to continue to allow large busi- from reviewing a case in a prior fiscal million or more at market rates. Yet, ness interests to dip into a program in- year. The U.S. Supreme Court declined the median subsidy for a Central Val- tended to help small entities struggling to take up this case. ley farmer in 2002 was $7,076 a year, al- to survive. Taxpayers have legitimate My legislation would overcome this most 50 times less than the largest 10 concerns when they learn that their statutory hurdle for Charles Nyaga, his percent of farms. One farm in Fresno hard-earned tax dollars are being ex- wife, and others who are similarly situ- County received more water by itself pended to assist large corporate inter- ated. The legislation would give the than 70 CVP water user districts. Its ests in select regions of the country, Department of Homeland Security subsidy alone was worth $4.2 million a particularly in tight budgetary times. (DHS) the opportunity to reopen cases year at market rates. I urge Congress to act swiftly to save from previous fiscal years in order to This analysis is significant because money for the taxpayers. complete their processing. It is impor- the Bureau of Reclamation program is tant to understand that this process supposed to help small farmers, not By Mr. CHAMBLISS: would only be available to those indi- large agribusinesses. The CVP analysis S. 1119. A bill to permit an alien to viduals who have been here since the is also important because CVP farmers remain eligible for a diversity visa be- time they filed their claim. The bill get about one-fifth of all the water yond the fiscal year in which the alien would still give DHS the discretion to used in California, at rates that by any applied for the visa, and for other pur- conduct background checks and weigh measure are far below market value. In poses; to the Committee on the Judici- any security concerns before adjusting 2002, for example, the average price for ary. an applicant’s status. irrigation water from the CVP was less Mr. CHAMBLISS. Mr. President, I look forward to working with my than 2 percent what Los Angeles resi- today, I am introducing legislation to colleagues and with Homeland Security dents pay for drinking water, one-tenth fix a problem that some of my col- officials to pass this legislation this the estimated cost of replacement leagues have experienced in serving year. We must provide relief in these water supplies, and about one-eighth their constituents. Immigration case cases. I believe this targeted legisla- what the public pays to buy its own work is one of the top issues that my tion strikes the proper balance to pro- water back to restore the San Fran- State offices handle on a regular basis. vide thorough processing of Diversity cisco Bay and Delta. Meanwhile, many Occasionally, people who are in our Visa applications while not compro- citizens in living in the CVP do not country legally and playing by the mising the Department’s national secu- have access to clean, safe drinking rules can slip through the cracks as rity mission. water. Unfortunately, this situation is they wait on the immigration process pervasive in many other Western com- to run its course. With the massive By Mr. DURBIN (for himself, munities. caseload handled by immigration serv- Mrs. LINCOLN, Mr. LUGAR, and My legislation combines various ele- ices, there are bound to be mistakes, Mr. SMITH): ments of proposals introduced by other and this legislation allows the agency S. 1120. A bill to reduce hunger in the members of Congress to close loopholes to remedy those mistakes in the lim- United States by half by 2010, and for in the 1982 legislation and to impose a ited situation of the Diversity Visa other purposes; to the Committee on $500,000 means test. This new approach program. Agriculture, Nutrition, and Forestry. limits the amount of subsidized irriga- The case of an Atlanta couple, Mr. DURBIN. Mr. President, nearly a tion water delivered to any operation Charles Nyaga and his wife, Doin, came decade ago, at the 1996 World Food in excess of the 960 acre limit that to my attention about a year ago. Summit, the United States joined 185 claimed $500,000 or more in gross in- Charles Nyaga, a native of Kenya, other countries in a commitment to come, as reported on its most recent came to the U.S. with his family as a cut the number of undernourished peo- IRS tax form. If the $500,000 threshold student in 1996, and he is currently pur- ple in the world in half by 2015. In 2000, were exceeded, an income ratio would suing a master’s degree in divinity. In as part of the Healthy People 2010 ini- be used to determine how much of the 1997, he applied for the fiscal year 1998 tiative, the U.S. government set an- water should be delivered to the user at Diversity Visa program and the Immi- other, more ambitious goal—to cut the full-cost rate, and how much at the gration and Naturalization Service U.S. food insecurity in half from the below-cost rate. For example, if a 961 (INS) selected him. In accordance with 1995 level by 2010. acre operation earned $1 million, a the Diversity Visa requirements, These are laudable and achievable ratio of $500,000, the means-test value, Nyaga and his wife submitted an appli- goals. But our actions as a Nation have divided by its gross income would de- cation and a fee to adjust their status not kept pace with our words. Hunger termine the full cost rate. Thus the to legal permanent resident. and food insecurity have increased in water user would pay the full cost rate A cover letter on the Diversity Visa this country each year since 1999. Ac- on half of their acreage and the below- application instructed: ‘‘While your ap- cording to Household Food Security in cost rate on the remaining half. plication is pending before the inter- the United States, 2003, the most re- This means-testing proposal was fea- view, please DO NOT make inquiry as cent report on hunger and food insecu- tured in the 2000 Green Scissors report. to the status of your case, since it will rity in the U.S. from the U.S. Depart- This report is compiled annually by result in further delay.’’ During the ment of Agriculture, 36.3 million peo- Friends of the Earth and Taxpayers for eight months that INS had to review ple—including nearly 13.3 million chil- Common Sense and supported by a his application, Nyaga accordingly dren—lived in households that experi- number of environmental, consumer never made inquiry, and he unfortu- enced hunger or the risk of hunger in and taxpayer groups. The premise of nately never heard back. His valid ap- 2003. This represents more than one in the report is that there are a number of plication simply slipped through the ten households in the United States subsidies and projects that could be cut cracks. At the end of the fiscal year, (11.2 percent) and is an increase of 1.4 to both reduce the deficit and benefit Nyaga’s application expired, although million, from 34.9 million in 2002. the environment. The Green Scissors a sufficient number of diversity visas In his remarks to delegates at the recommendation on means-testing remained available. first World Food Congress in 1963, water subsidies indicates that if a test Nyaga and his wife took their case President John F. Kennedy said, ‘‘We is successful in reducing subsidy pay- all the way to the 11th Circuit Court of have the means, we have the capacity

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5929 to eliminate hunger from the face of operation and collaboration among (4)(A) at the 1996 World Food Summit, the the earth in our lifetime. We only need local anti-hunger groups. The grant United States, along with 185 other coun- the will.’’ program recognizes the vital role that tries, pledged to reduce the number of under- Forty-two years later, we still need nourished people by half by 2015; community-based organizations al- (B) as a result of this pledge, the Depart- the will, especially the political will. ready play in the fight against hunger ment of Health and Human Services adopted In June 2004, the National Anti-Hun- and represents Congress’ commitment the Healthy People 2010 goal to cut food inse- ger Organization (NAHO), which is to the public/private partnership nec- curity in half by 2010, and in doing so reduce comprised of the 13 national organiza- essary to reduce, and ultimately elimi- hunger; tions that are working to end wide- nate, food insecurity and hunger in (5)(A) the Healthy People 2010 goal meas- spread hunger in our country, released this country. ures progress that has been made since the A Blueprint to End Hunger. It is a Hunger is not a partisan issue. Dur- 1996 World Food Summit and urges the Fed- roadmap setting forth a strategy for eral Government to reduce food insecurity ing the 1960s and 1970s, under both from the 1995 level of 12 percent to 6 percent; government, schools and community Democratic and Republican Adminis- (B) in 1999, food insecurity decreased to 10.1 organizations, nonprofit groups, busi- trations, our country undertook initia- percent, and hunger decreased to 3 percent, nesses, and individuals to solve the tives and put in place programs that but no progress has been made since 1999; problem of hunger. The report rec- substantially reduced the number of (C) in 2003, food insecurity increased to 11.2 ommends that Federal food programs people who struggle to feed their fami- percent and hunger increased to 3.5 percent, continue as the centerpiece of our lies in our nation. Unfortunately, this so that the United States needs to reduce strategy to end hunger. It also urges food insecurity by approximately 5 percent- progress has not been sustained. age points in the next 5 years in order to us, the Federal Government, to invest We now have the opportunity to reach the Healthy People 2010 goal; in and strengthen the national nutri- forge a new bipartisan partnership, (6) anti-hunger organizations in the United tion safety net and increase outreach committed to addressing hunger in the States have encouraged Congress to achieve and awareness of the importance of United States. Senators SMITH, DOLE, the commitment of the United States to de- preventing hunger and improving nu- LINCOLN, and I have created the bipar- crease food insecurity and hunger in half by trition. tisan Senate Hunger Caucus with that 2010 and eliminating food insecurity and hunger by 2015; We know that Federal nutrition pro- goal in mind. Progress against hunger grams work. WIC, food stamps, the (7) anti-hunger organizations in the United is possible, even with a war abroad and States have identified strategies to cut food school breakfast and lunch programs, budget deficits at home. I thank my insecurity and hunger in half by 2010 and to and other federal nutrition programs colleagues for their leadership on the eliminate food insecurity and hunger by 2015; are reaching record numbers of Ameri- Hunger Caucus and look forward to (8)(A) national nutrition programs are cans today, and making their lives bet- working with them, and other members among the fastest, most direct ways to effi- ter. But we’re not reaching enough peo- of this body, as we consider the Hun- ciently and effectively prevent hunger, reduce food insecurity, and improve nutrition ple. There are still too many parents in ger-Free Communities Act. this country who skip meals because among the populations targeted by a pro- Mr. President, I ask unanimous con- gram; there is not enough money in the fam- sent that the text of the bill be printed (B) the programs are responsible for the ily food budget for them and their chil- in the RECORD. absence of widespread hunger and malnutri- dren to eat every night. There are still There being no objection, the bill was tion among the poorest people, especially too many babies and toddlers in Amer- ordered to be printed in the RECORD, as children, in the United States; ica who are not getting the nutrition follows: (9)(A) although national nutrition programs are essential in the fight against hun- their minds and bodies need to develop S. 1120 to their fullest potential. There are too ger, the programs fail to reach all of the peo- Be it enacted by the Senate and House of Rep- many seniors, and children, who go to ple eligible and entitled to their services; resentatives of the United States of America in (B) according to the Department of Agri- bed hungry. In the richest Nation in Congress assembled, culture, only approximately 56 percent of the history of the world, that’s unac- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. food-insecure households receive assistance ceptable. (a) SHORT TITLE.—This Act may be cited as from at least 1 of the 3 largest national nu- Today, in an effort to stir the polit- the ‘‘Hunger-Free Communities Act of 2005’’. trition programs, the food stamp program, ical will and rekindle our commitment (b) TABLE OF CONTENTS.—The table of con- the special supplemental nutrition program to achieve the goal of ending hunger, I tents of this Act is as follows: for women, infants, and children (WIC), and am introducing the Hunger-Free Com- Sec. 1. Short title; table of contents. the school lunch program; munities Act of 2005 with Senators Sec. 2. Findings. (C) the food stamp program reaches only Sec. 3. Definitions. about 54 percent of the households that are SMITH, LUGAR, and LINCOLN. This bill eligible for benefits; and TITLE I—NATIONAL COMMITMENT TO builds on the recommendations made (D) free and reduced price school break- END HUNGER by NAHO and is designed to put our na- fasts are served to about 1⁄2 of the low-in- tion back on track toward the goal of Sec. 101. Sense of Congress. come children who get free or reduced price cutting domestic food insecurity and Sec. 102. Data collection. lunches, and during the summer months, less Sec. 103. Annual hunger report. hunger in half by 2010. It contains a than 20 percent of the children who receive sense of the Congress reaffirming our TITLE II—STRENGTHENING COMMUNITY free and reduced price school lunches are EFFORTS served meals; commitment to the 2010 goal and estab- (10) in 2001, food banks, food pantries, soup lishing a new goal: the elimination of Sec. 201. Hunger-free communities assessment grants. kitchens, and emergency shelters helped to hunger in the United States by 2015. Sec. 202. Hunger-free communities infra- feed more than 23,000,000 low-income people; This sense of Congress also urges the structure grants. (11) community-based organizations and preservation of the entitlement nature Sec. 203. Training and technical assistance charities can help— of food programs and the protection of grants. (A) play an important role in preventing federal nutrition programs from fund- Sec. 204. Report. and reducing hunger; (B) measure community food security; ing cuts that reduce benefit levels or TITLE III—AUTHORIZATION OF (C) develop and implement plans for im- APPROPRIATIONS the number of eligible participants. proving food security; The Hunger-Free Communities Act Sec. 301. Authorization of appropriations. (D) educate community leaders about the also increases the resources available SEC. 2. FINDINGS. problems of and solutions to hunger; to local groups across the country Congress finds that— (E) ensure that local nutrition programs working to eliminate hunger in their (1) food insecurity and hunger are growing are implemented effectively; and communities. Each day, thousands of problems in the United States; (F) improve the connection of food inse- community-based groups and millions (2) in 2003, more than 36,000,000 people, cure people to anti-hunger programs; of volunteers work on the front lines of 13,000,000 of whom were children, lived in (12) according to the Department of Agri- the battle against hunger. This bill es- households that were food insecure, rep- culture, in 2003, hunger was 8 times as preva- resenting an increase of 5,200,000 people in lent, and food insecurity was nearly 6 times tablishes an anti-hunger grant pro- just 4 years; as prevalent, in households with incomes gram, the first of its kind, with an em- (3) over 9,600,000 people lived in households below 185 percent of the poverty line as in phasis on assessing hunger in indi- in which at least 1 person experienced hun- households with incomes at or above 185 per- vidual communities and promoting co- ger; cent of the poverty line; and

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(13) in order to achieve the goal of reducing (b) RECOMMENDATIONS.—The Secretary (ii) serve communities in which the rates food insecurity and hunger by 1⁄2 by 2010, the shall develop recommendations on— of food insecurity, hunger, poverty, or unem- United States needs to— (1) removing obstacles to achieving domes- ployment are demonstrably higher than na- (A) ensure improved employment and in- tic hunger goals and hunger-free commu- tional average rates; come opportunities, especially for less- nities goals; and (iii) provide evidence of long-term efforts skilled workers and single mothers with (2) otherwise reducing domestic hunger. to reduce hunger in the community; children; and (c) REPORT.—Not later than 1 year after (iv) provide evidence of public support for (B) reduce the strain that rising housing the date of enactment of this Act, and annu- the efforts of the eligible entity; or and health care costs place on families with ally thereafter, the Secretary shall submit (v) demonstrate in the application of the limited or stagnant incomes. to the President and Congress a report that eligible entity a commitment to achieving SEC. 3. DEFINITIONS. contains— more than 1 hunger-free communities goal. In this Act: (1) a detailed statement of the results of (d) USE OF FUNDS.— (1) DOMESTIC HUNGER GOAL.—The term ‘‘do- the study, or the most recent update to the (1) ASSESSMENT OF HUNGER IN THE COMMU- mestic hunger goal’’ means— study, conducted under subsection (a); and NITY.— (A) the goal of reducing hunger in the (2) the most recent recommendations of (A) IN GENERAL.—An eligible entity in a United States to at or below 2 percent by the Secretary under subsection (b). community that has not performed an as- 2010; or TITLE II—STRENGTHENING COMMUNITY sessment described in subparagraph (B) may (B) the goal of reducing food insecurity in EFFORTS use a grant received under this section to the United States to at or below 6 percent by SEC. 201. HUNGER-FREE COMMUNITIES COL- perform the assessment for the community. 2010. LABORATIVE GRANTS. (B) ASSESSMENT.—The assessment referred (2) EMERGENCY FEEDING ORGANIZATION.— (a) DEFINITION OF ELIGIBLE ENTITY.—In this to in subparagraph (A) shall include— The term ‘‘emergency feeding organization’’ section, the term ‘‘eligible entity’’ means a (i) an analysis of the problem of hunger in has the meaning given the term in section public food program service provider or a the community served by the eligible entity; 201A of the Emergency Food Assistance Act nonprofit organization, including but not (ii) an evaluation of any facility and any of 1983 (7 U.S.C. 7501). limited to an emergency feeding organiza- equipment used to achieve a hunger-free (3) FOOD SECURITY.—The term ‘‘food secu- tion, that demonstrates the organization has communities goal in the community; rity’’ means the state in which an individual collaborated, or will collaborate, with 1 or (iii) an analysis of the effectiveness and ex- has access to enough food for an active, more local partner organizations to achieve tent of service of existing nutrition pro- healthy life. at least 1 hunger-free communities goal. grams and emergency feeding organizations; (4) HUNGER-FREE COMMUNITIES GOAL.—The (b) PROGRAM AUTHORIZED.— and term ‘‘hunger-free communities goal’’ means (1) IN GENERAL.—The Secretary shall use (iv) a plan to achieve any other hunger-free any of the 14 goals described in the H. Con. not more than 50 percent of any funds made communities goal in the community. Res. 302 (102nd Congress). available under title III to make grants to (2) ACTIVITIES.—An eligible entity in a (5) SECRETARY.—The term ‘‘Secretary’’ eligible entities to pay the Federal share of community that has submitted an assess- means the Secretary of Agriculture. the costs of an activity described in sub- ment to the Secretary shall use a grant received under this section for any fiscal year TITLE I—NATIONAL COMMITMENT TO section (d). for activities of the eligible entity, includ- END HUNGER (2) FEDERAL SHARE.—The Federal share of the cost of carrying out an activity under ing— SEC. 101. SENSE OF CONGRESS. this section shall not exceed 80 percent. (A) meeting the immediate needs of people It is the sense of Congress that— (3) NON-FEDERAL SHARE.— in the community served by the eligible en- (1) Congress is committed to— (A) CALCULATION.—The non-Federal share tity who experience hunger by— (A) achieving domestic hunger goals; of the cost of an activity under this section (i) distributing food; (B) achieving hunger-free communities may be provided in cash or in kind, fairly (ii) providing community outreach; or goals; and evaluated, including facilities, equipment, or (iii) improving access to food as part of a (C) ending hunger by 2015; services. comprehensive service; (2) Federal food and nutrition programs (B) SOURCES.—Any entity may provide the (B) developing new resources and strate- should receive adequate funding to meet the non-Federal share of the cost of an activity gies to help reduce hunger in the commu- requirements of the programs; and under this section through a State govern- nity; (3) the entitlement nature of the child and ment, a local government, or a private (C) establishing a program to achieve a adult care food program, the food stamp pro- source. hunger-free communities goal in the commu- gram established by section 4 of the Food (c) APPLICATION.— nity, including— Stamp Act of 1977 (7 U.S.C. 2013), the school (1) IN GENERAL.—To receive a grant under (i) a program to prevent, monitor, and breakfast and lunch programs, and the sum- this section, an eligible entity shall submit treat children in the community experi- mer food service program should be pre- an application to the Secretary at the time encing hunger or poor nutrition; or served. and in the manner and accompanied by any (ii) a program to provide information to SEC. 102. DATA COLLECTION. information the Secretary may require. people in the community on hunger, domes- (a) IN GENERAL.—The American Commu- (2) CONTENTS.—Each application submitted tic hunger goals, and hunger-free communities Survey, acting under the authority of under paragraph (1) shall— nities goals; and the Census Bureau pursuant to section 141 of (A) identify any activity described in sub- (D) establishing a program to provide food title 13, United States Code, shall collect and section (d) that the grant will be used to and nutrition services as part of a coordi- submit to the Secretary information relating fund; nated community-based comprehensive serv- to food security. (B) describe the means by which an activ- ice. (b) COMPILATION.—Not later than October ity identified under subparagraph (A) will re- SEC. 202. HUNGER-FREE COMMUNITIES INFRA- 31 of each year, the Secretary shall compile duce hunger in the community of the eligible STRUCTURE GRANTS. the information submitted under subsection entity; (a) DEFINITION OF ELIGIBLE ENTITY.—In this (a) to produce data on food security at the (C) list any partner organizations of the el- section, the term ‘‘eligible entity’’ means an Federal, State, and local levels. igible entity that will participate in an ac- emergency feeding organization (as defined SEC. 103. ANNUAL HUNGER REPORT. tivity funded by the grant; in section 201A(4) of the Emergency Food As- (a) STUDY.— (D) describe any agreement between a part- sistance Act of 1983 (7 U.S.C. 7501(4))). (1) IN GENERAL.—The Secretary shall con- ner organization and the eligible entity nec- (b) PROGRAM AUTHORIZED.— duct a study, and annual updates of the essary to carry out an activity funded by the (1) IN GENERAL.—The Secretary shall use study, of major matters relating to the prob- grant; and not more than 40 percent of any funds made lem of hunger in the United States, as deter- (E) if an assessment described in sub- available under title III to make grants to mined by the Secretary. section (d)(1) has been performed, include— eligible entities to pay the Federal share of (2) MATTERS TO BE ASSESSED.—The matters (i) a summary of that assessment; and the costs of an activity described in sub- to be assessed by the Secretary shall in- (ii) information regarding the means by section (d). clude— which the grant will help reduce hunger in (2) FEDERAL SHARE.—The Federal share of (A) the information compiled under section the community of the eligible entity. the cost of carrying out an activity under 102(b); (3) PRIORITY.—In making grants under this this section shall not exceed 80 percent. (B) measures carried out during the pre- section, the Secretary shall give priority to (c) APPLICATION.— vious year by Federal, State, and local gov- eligible entities that— (1) IN GENERAL.—To receive a grant under ernments to achieve domestic hunger goals (A) demonstrate in the application of the this section, an eligible entity shall submit and hunger-free communities goals; and eligible entity that the eligible entity makes an application to the Secretary at the time (C) measures that could be carried out by collaborative efforts to reduce hunger in the and in the manner and accompanied by any Federal, State, and local governments to community of the eligible entity; and information the Secretary may require. achieve domestic hunger goals and hunger- (B)(i) serve a predominantly rural and geo- (2) CONTENTS.—Each application submitted free communities goals. graphically underserved area; under paragraph (1) shall—

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5931 (A) identify any activity described in sub- eligible entities the applications of which In addition, this bill commits our section (d) that the grant will be used to demonstrate 2 or more of the following: fullest efforts to protecting the discre- fund; and (A) The eligible entity serves a predomi- tionary food program from budget cuts (B) describe the means by which an activ- nantly rural and geographically underserved that would prevent these programs ity identified under subparagraph (A) will re- area. duce hunger in the community of the eligible (B) The eligible entity serves a region in from addressing identified need. Last- entity. which the rates of food insecurity, hunger, ly, the bill provides needed resources to (3) PRIORITY.—In making grants under this poverty, or unemployment are demonstrably non-profit organizations that fight to section, the Secretary shall give priority to higher than national average rates. reduce hunger every day. The grant eligible entities the applications of which (C) The eligible entity serves a region that programs this bill establishes will pro- demonstrate 2 or more of the following: has carried out long-term efforts to reduce mote new partnerships and help build (A) The eligible entity serves a predomi- hunger in the region. the infrastructure we believe is nec- nantly rural and geographically underserved (D) The eligible entity serves a region that essary to root out hunger in every cor- area. provides public support for the efforts of the (B) The eligible entity serves a community eligible entity. ner of our nation. in which the rates of food insecurity, hunger, (E) The eligible entity is committed to Almost a year ago, I joined Senators poverty, or unemployment are demonstrably achieving more than 1 hunger-free commu- SMITH, DURBIN and DOLE in founding higher than national average rates. nities goal. the bipartisan Senate Hunger Caucus (d) USE OF FUNDS.—An eligible entity shall (C) The eligible entity serves a community to address the growing problem of hun- that has carried out long-term efforts to re- use a grant received under this section for duce hunger in the community. any fiscal year to carry out national or re- ger in America and around the world. (D) The eligible entity serves a community gional training and technical assistance for The Senate Hunger Caucus currently that provides public support for the efforts of organizations that— has 34 members and we are working to- the eligible entity. (1) work to achieve a domestic hunger goal; gether to raise awareness about these (E) The eligible entity is committed to (2) work to achieve a hunger-free commu- issues and help create solutions to the achieving more than 1 hunger-free communities goal; or hunger problem. nities goal. (3) receive a grant under section 201 or 202. While there are many difficult prob- (d) USE OF FUNDS.—An eligible entity shall SEC. 204. REPORT. use a grant received under this section for Not later than September 30, 2011, the Sec- lems we work to solve in Congress, any fiscal year to carry out activities of the retary shall submit to Congress a report de- hunger is a problem that has a solu- eligible entity, including— scribing— tion. This bill is an example of our bi- (1) constructing, expanding, or repairing a (1) each grant made under this title, in- partisan effort to develop solutions to facility or equipment to support hunger re- cluding— the hunger problem in America. I am lief agencies in the community; (A) a description of any activity funded by proud to work with my colleagues to such a grant; and (2) assisting an emergency feeding organi- support ending hunger for the millions zation in the community in obtaining lo- (B) the degree of success of each activity cally-produced produce and protein products; funded by such a grant in achieving hunger- of Americans who find themselves and free communities goals; and without access to one of the most basic (3) assisting an emergency feeding organi- (2) the degree of success of all activities needs—nutritious food. zation in the community to process and funded by grants under this title in achiev- serve wild game. ing domestic hunger goals. By Mr. KYL (for himself and Mr. SEC. 203. HUNGER-FREE COMMUNITIES TRAIN- TITLE III—AUTHORIZATION OF MCCAIN): ING AND TECHNICAL ASSISTANCE APPROPRIATIONS GRANTS. SEC. 301. AUTHORIZATION OF APPROPRIATIONS. S. 1122. A bill to authorize and direct (a) DEFINITION OF ELIGIBLE ENTITY.—In this There is authorized to be appropriated to the exchange and conveyance of cer- section, the term ‘‘eligible entity’’ means a carry out title II $50,000,000 for each of fiscal tain National Forest land and other national or regional nonprofit organization years 2006 through 2011. land in southeast Arizona; to the Com- that carries out an activity described in sub- Mrs. LINCOLN. Mr. President, while mittee on Energy and Natural Re- section (d). serving as a Congressmen from Texas sources. (b) PROGRAM AUTHORIZED.— in the 1980s, Mickey Leland said, ‘‘I Mr. KYL. Mr. President, today I am (1) IN GENERAL.—The Secretary shall use cannot get used to hunger and des- pleased to join with Senator MCCAIN to not more than 10 percent of any funds made perate poverty in our plentiful land. available under title III to make grants to introduce the Southeast Arizona Land There is no reason for it, there is no ex- eligible entities to pay the Federal share of Exchange and Conservation Act of 2005. cuse for it, and it is time that we as a the costs of an activity described in sub- This bill, which facilitates an impor- section (d). nation put an end to it.’’ Over 15 years have passed since Mr. tant land exchange in Arizona, is the (2) FEDERAL SHARE.—The Federal share of product of months of discussion be- the cost of carrying out an activity under Leland delivered those powerful re- this section shall not exceed 80 percent. marks, and we have yet to achieve his tween the United States Forest Serv- (c) APPLICATION.— goal of ending hunger in America. In ice, Bureau of Land Management, (1) IN GENERAL.—To receive a grant under many respects, we have only slipped State and local officials, community this section, an eligible entity shall submit backwards. According to the U.S. De- groups, recreational and conservation an application to the Secretary at the time partment of Agriculture, 36.3 million groups, and other stakeholders. It will and in the manner and accompanied by any allow for the protection of some of the information the Secretary may require. Americans, including 13.3 million children, experienced hunger or food inse- most environmentally sensitive lands (2) CONTENTS.—Each application submitted in Arizona while providing a much under paragraph (1) shall— curity in 2003. These figures, startling (A) demonstrate that the eligible entity on their own, have been increasing needed economic engine for the people does not operate for profit; steadily since 1999. We need to reverse of Superior, AZ and the surrounding (B) describe any national or regional train- this trend. communities. An identical companion ing program carried out by the eligible enti- Mr. President, I rise today to pledge bill is being introduced today in the ty, including a description of each region my commitment to this cause. Today, House of Representatives by Represent- served by the eligible entity; I am pleased to join Senators DURBIN, ative RENZI. (C) describe any national or regional technical assistance provided by the eligible en- SMITH, and LUGAR in introducing the The exchange conveys approximately tity, including a description of each region Hunger-Free Communities Act of 2005. 3,025 acres of land controlled by the served by the eligible entity; and This bill establishes a goal of ending Forest Service to Resolution Copper (D) describe the means by which each orga- hunger in America by 2015. The bill Company. The acreage to be traded to nization served by the eligible entity— also supports preserving the entitle- Resolution Copper will facilitate future (i) works to achieve a domestic hunger ment framework of the federal food exploration, and possible development, goal; programs. Our federal food programs of what may be one of the largest de- (ii) works to achieve a hunger-free commu- are vitally important to the millions of posits of copper ore ever discovered in nities goal; or (iii) used a grant received by the organiza- working Americans that are trying to North America. The 3,025 acres are tion under section 201 or 202. make ends meet and the millions of intermingled with, or lie next to, pri- (3) PRIORITY.—In making grants under this children who need access to nutritious vate lands already owned by Resolu- section, the Secretary shall give priority to food. tion Copper, and are located south and

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5932 CONGRESSIONAL RECORD — SENATE May 25, 2005 east of Resolution’s existing under- The largest of the six parcels is the appraisal standards promulgated by ground Magma copper mine. Approxi- Seven B Ranch located near Mammoth. the U.S. Department of Justice. All ap- mately 75 percent of the 3,025 acre Fed- It runs for 6.8 miles along both sides of praisals must also be formally re- eral parcel is already blanketed by fed- the lower San Pedro River—one of the viewed, and approved, by the Secretary erally authorized mining claims owned few remaining undammed rivers in the of Agriculture. Second, to ensure the by Resolution Copper that give Resolu- southwestern United States. The parcel Federal Government gets full value for tion the right to explore and develop also has: one of the largest, and pos- the Federal parcel it is giving up, the mineral deposits on it. Given the inter- sibly oldest, mesquite bosques in Ari- Federal parcel will be appraised to in- mingled ownership, the public safety zona; a high volume spring that flows clude the minerals and appraised as if issues that may be associated with year round; and potential recovery unencumbered by the private mining mining activities, and the significant habitat for several endangered species, claims that detract from the fair mar- financial investment Resolution Cop- including the southwestern willow ket value of the land. These are impor- per must make to even determine flycatcher. It lies on an internationally tant provisions not required by Federal whether development of a mine is fea- recognized migratory bird flyway, with law. They are especially significant sible, it makes sense, for Resolution roughly half the number of known given that over 75 percent of the Fed- Copper to own the entire mining area. breeding bird species in North America eral parcel is covered by mining claims However, we also recognize that passing through the corridor. Public owned by Resolution Copper and the there is public resource value associ- acquisition of this parcel will greatly bulk of the value of the Federal parcel ated with the Federal land that would enhance efforts by Federal and State is expected to be the minerals. Third, it come into private ownership and, to agencies to preserve for future genera- requires that the Apache Leap con- the extent we can, we should protect tions the San Pedro River and its wild- servation easement not be considered and or replace these resources. The in determining the fair market value of Apache Leap Escarpment, a spectac- life and bird habitat. A second major parcel is the Apple- the Federal land parcel. I believe by ular cliff area comprising approxi- ton Ranch, consisting of 10 private following standard appraisal practices mately 562 acres on the western side of inholdings intermingled with the Ap- and including these additional safe- the federal parcel, is an area deserving guards in the valuation process, the of protection. To protect the surface of pleton-Whittell Research Ranch, adja- cent to the Las Cienegas National Con- United States, and ultimately the tax- this area from mining and develop- payer, will receive full fair market ment, the bill requires that a perma- servation Area southeast of Tucson. This acquisition will facilitate and pro- value for both the land and the min- nent conservation easement be placed erals it contains. on this area. In addition, the bill sets tect the study of southwestern grass- land ecology and unique aquatic wild- In summary, with this land exchange up a process to determine whether ad- we can preserve lands that advance the ditional or enhanced public access life and habitat. Finally, the Forest Service will ac- important public objectives of pro- should be provided to Apache Leap and, tecting wildlife habitat, cultural re- if so, provides that Resolution Copper quire four inholdings in the Tonto Na- tional Forest that possess valuable ri- sources, the watershed, and aesthetic will pay up to $250,000 to provide such values, while generating economic and access. parian and wetland habitat, water resources, historic and cultural re- employment opportunities for State The bill also requires replacement and local residents. I hope we approve sites for the Oak Flat Campground and sources, and habitat for numerous plant, wildlife and bird species, includ- the legislation at the earliest possible the climbing area that are located on date. It is a winning scenario for our the Federal parcel that will be traded ing the endangered Arizona hedgehog cactus. environment, our economy, and our to Resolution Copper. The process to posterity. locate replacement sites is already Although the focus of this bill is the under way, and I am told it is going land exchange between Resolution Cop- By Mr. SANTORUM: well. Access to these public areas will per and the United States, it also in- S. 1125. A bill to reform liability for not immediately terminate on enact- cludes provisions allowing for the con- certain charitable contributions and ment of this legislation: The bill allows veyance of Federal lands to the Town services; to the Committee on the Judi- continued public use of the Oak Flat of Superior, if it so requests. These ciary. Campground for two years after the en- lands include the town cemetery, lands Mr. SANTORUM. Mr. President, I am actment and it allows for continued around the town airport, and a Federal introducing the Expanding Charitable rock climbing use for two years after, reversionary interest that exists at its and Volunteer Opportunities Act of and use of the land for the annual airport site. These lands are included 2005. I am proud of the charitable work ‘‘Boulder Blast’’ rock climbing com- in the proposed exchange to assist the that is continuously done throughout petition for five years after enactment. town in providing for its municipal this country. However, individual char- Replacement sites will be designed and needs and expanding its economic de- itable giving rates among Americans developed largely with funding pro- velopment. have stagnated over the past fifty vided by Resolution Copper. Though I have described the many years. As legislators, we must provide I am also working with Resolution benefits of this exchange, you may be incentives for charitable giving and op- Copper and community groups to de- asking why we are legislating this land portunities for low-income families to termine whether there may be addi- exchange. Why not use the existing ad- build individual assets, and support tional climbing areas within the Fed- ministrative land exchange process? faith-based and secular organizations eral parcel that could continue to be The answer is that this exchange can as they provide charitable social serv- accessible to the public without com- only be accomplished legislatively be- ices. We must also eliminate unneces- promising public safety or the mining cause the Forest Service does not have sary road blocks that might keep busi- operation. I have included a the authority to convey away federal nesses and individuals from donating placeholder in the bill for such addi- lands in order to acquire other lands to the needy. I remain committed to tional climbing provisions if agreed to. outside the boundaries of the National promoting increased opportunities for In return for conveying the Federal Forest System, no matter how eco- the less fortunate to obtain help land parcel to Resolution Copper, the logically valuable. through faith-based and community or- Forest Service and Bureau of Land Of primary importance to me is that ganizations. There are people all Management will receive six parcels of the exchange have procedural safe- around the country waiting to give private land, totaling 4,814 acres. These guards and conditions that ensure it is more to charity—they just need a little parcels have been identified, and are an equal value exchange that is in the push. strongly endorsed for public acquisi- public interest. The Expanding Charitable and Volun- tion, by the Forest Service, BLM, Ari- I will highlight some of the safe- teer Opportunities Act provides such a zona Audubon Society, Nature Conser- guards in this legislation: First, it re- push. This legislation builds on the vancy, Sonoran Institute, Arizona quires that all appraisals of the lands Volunteer Protection Act of 1997 that Game and Fish Department, and nu- must follow standard Federal practice immunizes individuals who do volun- merous others. and be performed in accordance with teer work for non-profit organizations

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5933 or governmental entities from liability panded sites to serve an additional 6.1 BINGAMAN, and Mr. LAUTEN- for ordinary negligence in the course of million people by next year. In order to BERG): their volunteer work. My bill prevents meet that goal, the centers must dou- S. 1127. A bill to require the Sec- a business from being subject to civil ble their workforce by adding double retary of Defense to submit to Con- liability when a piece of equipment has the clinicians by 2006. Hiring this many gress all documentation related to the been loaned by a business entity to a doctors would be costly, but encour- Secretary’s recommendations for the nonprofit organization unless the busi- aging more to volunteer would help to 2005 round of defense base closure and ness has engaged in gross negligence or meet this need. While many physicians realignment; read the first time. intentional conduct. This provision are willing to volunteer their services Ms. SNOWE. Mr. President, I rise passed the House of Representatives in at these centers, they often hesitate today to introduce a bill designed to the 107th Congress as part of H.R. 7, due to the high cost of medical liabil- ensure the Department of Defense re- and I am hopeful we can do the same ity insurance. As a result, there are too leases both to the Congress and to the here in the Senate in the 109th. few volunteer physicians to meet our Base Realignment and Closure Com- This bill also builds on the success of health care needs. Expanding FTCA mission all of the information used in the Good Samaritan Food Donation protection to these physicians cannot generating its recommendations in the Act by providing similar liability pro- come at a more opportune time. current BRAC round. tections for volunteer firefighter com- The spirit of giving is part of what First, I want to thank the bill’s spon- panies. The basic purpose of this provi- makes America great. But more can be sors for their support in this effort— sion is to induce donations of surplus done to assist the needy. The Expand- Senators THUNE, COLLINS, SUNUNU, firefighting equipment by reducing the ing Charitable and Volunteer Opportu- MURKOWSKI, DOMENICI, LIEBERMAN, threat of civil liability for organiza- nities Act provides added incentives to DODD, GREGG, LOTT, JOHNSON, CORZINE, tions (most commonly heavy industry) those who wish to donate equipment or and BINGAMAN. I appreciate their rec- and individuals who wish to make time. I encourage my colleagues to ognition of the critical importance of these donations. The bill eliminates support this legislation. ensuring we are given the information civil liability barriers to donations of it is only right we have with regard to surplus fire fighting equipment by rais- By Mr. SCHUMER (for himself this base closure process. ing the liability standard for donors and Mrs. CLINTON): Under the current Base Closing and from ‘‘negligence’’ to ‘‘gross neg- S. 1126. A bill to provide that no fed- Realignment statute, the Secretary of ligence.’’ By doing this, the legislation eral funds may be expended for the Defense shall make: saves taxpayer dollars by encouraging payment or reimbursement of a drug all information used by the Secretary to pre- that is prescribed to a sex offender for pare the recommendations under this sub- donations, thereby reducing the tax- section available to Congress, including any payers’ burden of purchasing expensive the treatment of sexual or erectile dys- committee or member of Congress. function; to the Committee on Fi- equipment for volunteer fire depart- The Secretary owes this same obliga- ments. nance. Mr. SCHUMER. Mr. President, I ask tion to the BRAC Commission and to The Good Samaritan Volunteer Fire- the Comptroller General of the United unanimous consent that the text of the fighter Assistance Act of 2005 is mod- States. bill be printed in the RECORD. eled after a bill passed by the Texas Moreover, the Secretary of Defense is There being no objection, the bill was state legislature in 1997 and signed into required to produce the data justifying ordered to be printed in the RECORD, as law by then-Governor George W. Bush their base closing decisions within 7 follows: which has resulted in more than $10 days—7 days. The 2005 BRAC list was million in additional equipment dona- S. 1126 released on Friday, May 13. Here we tions from companies and other fire de- Be it enacted by the Senate and House of Rep- are, nearly two weeks later, and the partments for volunteer departments resentatives of the United States of America in Department of Defense continues to Congress assembled, which may not be as well equipped. flout a key requirement of the very Now companies in Texas can donate SECTION 1. NO FEDERAL FUNDS FOR DRUGS PRESCRIBED TO SEX OFFENDERS BRAC statute that gives it base closure surplus equipment to the Texas Forest FOR THE TREATMENT OF SEXUAL authority in the first place. This Service, which then certifies the equip- OR ERECTILE DYSFUNCTION. amounts to a blatant refusal by the ment and passes it on to volunteer fire (a) RESTRICTION.— Pentagon to back up its highly ques- departments that are in need. The do- (1) IN GENERAL.—Notwithstanding any tionable decisions to close a number of nated equipment must meet all origi- other provision of law, no Federal funds may military facilities that are absolutely be expended for the payment or reimburse- nal specifications before it can be sent irreplaceable and indispensable to our to volunteer departments. Alabama, ment, including payment or reimbursement under the programs described in paragraph national security. Arizona, Arkansas, California, Florida, (2), of a drug that is prescribed to an indi- Closing bases—or effectively shut- Illinois, Indiana, Missouri, Nevada, vidual described in paragraph (3) for the tering them through massive realign- South Carolina, and Pennsylvania have treatment of sexual or erectile dysfunction. ment—of the magnitude that we are passed similar legislation at the state (2) PROGRAMS DESCRIBED.—The programs dealing with could only have been level. described in this paragraph are the medicaid made by ignoring or misapplying BRAC Finally, my legislation provides com- program, the medicare program, the Federal criteria. The Defense Department’s monsense medical liability protections employees health benefits program, the De- subsequent refusal to release the very to physicians who volunteer their time fense Health Program, the program of med- data on which such decisions were ical care furnished by the Secretary of Vet- to assist patients at community health erans Affairs, health related programs ad- made effectively shrouds the entire centers. The Expanding Charitable and ministered by the Indian Health Service, process in secrecy, depriving the bases Volunteer Opportunities Act would ex- health related programs funded under the and communities impacted, as well as tend the medical liability protections Public Health Service Act, and any other the BRAC Commission, from gaining of the Federal Torts Claim Act (FTCA) Federal health program. access to the very data needed to re- to volunteer physicians at community (3) INDIVIDUAL DESCRIBED.—An individual view the Pentagon’s decisions. health centers. These protections are described in this paragraph is an individual What type of data am I talking necessary to ensure that the centers who has a conviction for sexual abuse, sexual about? To us a few examples from my assault, or any other sexual offense. can continue to lay an important role own office’s experience, the Depart- (b) EFFECTIVE DATE.—Subsection (a) shall in lowering our Nation’s health care apply to drugs dispensed on or after the date ment of the Navy has yet to release a costs and meeting the needs for afford- of enactment of this Act. detailed breakdown of cost of closure able and accessible quality healthcare. assessments, including factors applied Community health centers offer an By Ms. SNOWE (for herself, Mr. by the COBRA model if they did not do affordable source of quality health THUNE, Ms. COLLINS, Mr. actual cost estimates. We have yet to care, but we need more of them. The SUNUNU, Ms. MURKOWSKI, Mr. see all of the options considered by the President has proposed a $304 million DOMENICI, Mr. LIEBERMAN, Mr. Chief of Naval Operations or the Vice increase for community health center DODD, Mr. GREGG, Mr. LOTT, Chief of Naval Operations to reduce ex- programs to create 1,200 new or ex- Mr. JOHNSON, Mr. CORZINE, Mr. cess capacity in shipyards, including

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5934 CONGRESSIONAL RECORD — SENATE May 25, 2005 closure, realignment, workload shifts This Department of Defense has Indeed, I am certain DOD will realize and private sector capacity. We have taken foot dragging and obfuscation to it cannot continue to withhold this instill not received a detailed breakdown new state-of-the-art levels. The bill I formation and will ultimately get to of cost of operations assessment, in- am introducing today will make clear the bottom of this. We will then be able cluding shipyard and base costs. that this delinquency will result in se- to see the weaknesses in the Navy’s ar- These are just a few specific exam- rious consequences. guments with respect to the facilities ples of what has not been provided. So the legislation I am introducing is in Maine. We will see that the facts in- Other general categories would include very straightforward and to the point. disputably prove there is no way to data on the economic impact on exist- First, it states that the Department of reasonably conclude this Nation should ing communities, the degree to which Defense has 7 days from the date of the forfeit the long and distinguished his- the Defense Department looked into enactment of this law in which to re- tory embodied in these facilities in a the ability of Maine’s bases to accom- lease all of its supporting data for its critical report like Kittery-Ports- modate future mission capabilities, realignment and closure decisions. Sec- mouth Naval Shipyard or Brunswick and the impact of costs related to po- ond, if this 7-day deadline is not met, Naval Air Station that are unequal in tential environmental restoration, the entire base-closing process of 2005 their performance. waste management, environmental is canceled. Third, even if this deadline We will also make sure the base-clos- compliance restoration, readiness, fu- is met, all the base-closing statutory ing commission has the information ture mission requirements. There are a deadlines are pushed back by the num- with respect to the role that the De- number of such issues that are included ber of days that the Defense Depart- fense Accounting Services has played in the base closing statute that re- ment delayed in producing this data. in Limestone, ME, the very anchor for quires the Defense Department to con- This legislation is the full embodi- the conversion of the former Loring sider in making its evaluation and ment of fairness and due process. It en- Air Force Base closed in one of the last sures that those bases in communities making, as well, its original deter- rounds of 1991 that certainly dev- attempting to prevent closures or re- mination, in terms of which bases they astated that area and the State of alignment have access to the same would recommend for closure or re- Maine when we lost more than 10,000 facts the Pentagon did, and that failure alignment. that led to the outmigration of more to provide that information will carry The Defense Department’s stall tac- than 20,000 in our northern county. It appropriate consequences. And it is our tics are most acutely felt by those cur- really was devastating to also learn last chance to reverse the egregious de- rently preparing to make presentations that the Department of Defense decisions made in the closing and realign- before realignment or closure of their cided to select Defense Accounting ment process. specific bases. Here we are, on May 25, The integrity of the base-closing Services not only in Limestone but almost 2 weeks after the release of the process and of the decisions that are across this country. It was the very an- base-closing list, and yet this critical made on individual facilities depends chor for conversion to help mitigate data is still being sequestered behind on the accuracy of the data used and the loss of this most crucial base up in Pentagon walls, and the communities on the validity of the calculations and northern Maine. affected by these closures are now comparisons made using this data. We will see that the facts forced to fly blind as they make their Congress and the base-closing commis- undisputedly prove that the Navy ig- cases before the base-closing commission simply cannot discharge their re- nored aspects of the base-closing cri- sion. sponsibilities under the base-closing teria that I happen to believe can only How hamstrung are these advocates, statute without this most vital infor- lead to a finding that Brunswick Naval including many of my colleagues in the mation. Air Station, as the only remaining Senate and in the House of Representa- It would be bad enough if it were fully operational airfield in the North- tives? Allow me to elaborate. only the Congress and the Commission eastern United States, plays a singular, The first base-closing hearings are that were being hindered in carrying critical role in this Nation’s homeland expected to take place in Salt Lake out our collective duties with regard to security and homeland defense posture City on June 7, less than 2 weeks from the base-closing process. But it is the and must continue to do so in the fu- now. How are the advocates for Moun- communities where these bases are lo- ture. It really was inconceivable to me tain Home Air Force Base in Idaho or cated that are suffering the greatest that the Department of Defense would Defense Finance and Accounting Serv- harm through their inability to find also recommend closing Kittery-Ports- ice stations in Kansas City and St. out what the basis of the Department’s mouth Naval Shipyard, the finest ship- Louis supposed to prepare for a case, decision to close these installations yard of its kind in the U.S. Navy. for a hearing in less than 2 weeks with was. In fact, the day before the base-clos- this critical data being withheld? These towns and cities that have sup- ing list was announced on May 13, the The scheduled base-closing hearings ported these bases for decades—or in Secretary of the Navy issued a Meri- to follow are no less forgiving. In fact, some cases, like Kittery, ME, and torious Unit Commendation to Kittery- between June 15 and June 30, base-clos- Portsmouth, NH; Brunswick Air Sta- Portsmouth Naval Shipyard for, in its ing commission hearings will be held in tion in Limestone, ME, for centuries— words, ‘‘superbly and consistently per- the following cities: Fairbanks, AK; are being harmed through DOD’s con- forming its missions,’’ establishing Portland, OR; Rapid City, SD; Dallas, tinued delay in making this data avail- benchmarks above and beyond both the TX; Grand Forks, ND; Clovis, NM; Buf- able. The community groups are handi- public and private sector, having estab- falo, NY; Charlotte, NC; and Atlanta, capped in their efforts to understand lished, in their words, again, ‘‘a phe- GA. the Department’s base-closing anal- nomenal track record’’ when it came to In my case, in the State of Maine, in ysis, assumptions, and conclusions cost and quality and schedule and safe- Portsmouth, NH, for Portsmouth Naval therefore in their efforts to provide ac- ty. Shipyard, for Brunswick Air Force sta- curate rebuttal arguments or informa- In fact, it had just been awarded the tion, for the Defense Accounting Serv- tion to the Commission that the De- top safety award—the only facility in ice in Limestone, ME, those will be partment of Defense may not have con- the Department of Defense and the scheduled on July 6 in Boston. sidered. only facility in the Navy, and only the We are all working feverishly, as So the communities not only have second in the Department of Defense. many of my colleagues are, along with suffered the shock of potentially losing That is a remarkable track record. State governments and all officials, to what is in most cases the single most It also saves money for the tax- get our presentations for these most important economic engine in their payers, and it saves time and money vital and critical hearings in order. Yet communities, but to add insult to infor the Navy. In fact, when it comes to given the current blackout of backup jury, have not been given the full pic- refuelings at Kittery-Portsmouth data, that task is akin to defending ture of why these installations they Naval Shipyard, it saves $75 million on one’s self in a criminal case without rely upon and that relied upon them average compared to the other yards the prosecutor putting forth the sup- was among those chosen to close. That that do the same work. It saves $20 posedly incriminating evidence. cannot be allowed to stand. million when it comes to overhauls

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5935 compared to the other yards that do Now, it certainly is a mystery to me environment, and, therefore, it should the same work. It saves 6 months in as to how the Defense Department be brought to an end. If they cannot time in sending the ships back to sea could have made all these decisions—33 provide this information in a timely sooner on refuelings compared to the major base closings and another 29 re- fashion, that is exactly what should other yards that do the same work. alignments and many more for adjust- occur. And it saves 3 months in time on over- ments—and yet they cannot ensure I believe it does really underscore the hauls compared to other yards that do that the information and the data they integrity and the lack of the integrity the same work. utilized is forthcoming. Well, then, it in this process because it certainly So one would argue, and certainly just raises the question, How did they stands to reason, and certainly it is a would ask the question, as I did of the make these decisions in the first place? fair assumption to make, that the De- Secretary of the Navy, what message Why have they not readily turned over partment of Defense should be able to does that send to the men and women the information that we require in turn over instantaneously all of the in- of that shipyard when they are the order to make our case? formation they used to make these overachievers, doing the best work and For the Commission to overturn a de- critical decisions. After all, they have told they are No. 1 of its kind in its cision recommendation by the Depart- had a considerable period of time in category, and we are saying, well, we ment of Defense, it requires us to make which to make these decisions. So, are going to transfer that work else- a case that they deviated substantially therefore, it should not be very dif- where, to those who have not per- from the criteria set forth in the base- ficult to provide that information. But formed the equivalent result when it closing statute. So it is obvious we we continue to get the consistent comes to time and money. need the information because not to stonewalling and obfuscation that is They are No. 1. But we are sending a have the information they used inhib- preventing us from evaluating these message to those who are the best, we its us and prohibits us from making decisions in order to do what is re- tell them the next day, well, you know the documentations that are required quired under the law to demonstrate what. You are doing such a great job under the law. how these decisions are faulty and to that we have decided to close. I think it is a fundamental flouting evaluate the information. We deserve When it comes to Brunswick Naval of the law. We have insisted, day in and no less than that. Air Station, it is the only remaining day out, we need this information. We So I thank my colleagues for joining active military airfield in the North- deserve to have this information. The me in this effort to compel the Depart- east. The Northeast is home to 18 per- men and women who work at these ment of Defense to stand up and be ac- cent of America’s population. It was, military facilities who serve our coun- countable for this decisionmaking obviously, the region that received the try deserve to have this information. It process and to release the data that we most devastating attack on American is important to our national security deserve that led to these decisions with soil on September 11. interests because we need to know the respect to base closings so we under- And now we hear from the Defense information upon which this Defense stand exactly how they arrived at their Department that we want to realign Department predicated its assump- decisions that are so critical and cen- this base—essentially, it is tantamount tions. And it is not enough just to get tral to our national security. to closure—when it is a state-of-the-art their conclusions, it is not enough just I regret we are in this position in the facility, well positioned strategically, to get their assumptions, we need all of first place. I opposed this base-closing with unincumbered airspace of 63,000 the empirical data that was used to process. It certainly should have been miles—space of which to expand many make those assumptions and conclu- deferred. We should have considered times over—well positioned on our sions. How did they arrive at those de- the overseas base closings before we coastline for conducting surveillance cisions? looked at domestic installations. In in the North Atlantic sealane so impor- For example, when you look at the fact, that certainly was an issue in the tant to extending the maritime domain force structure of submarines, the new overseas base-closing report that was awareness of the Coast Guard when it attack submarines, on which the Ports- issued recently. So we do not have an comes to one of the greatest threats mouth Naval Yard works, those deci- overall structure in which to consider facing America; that is, the shipments sions have to be predicated on 55 at- the macroplans. That is what should of weapons of mass destruction. So it tack submarines, 55. That was included have been done. We should be looking raises a number of questions as to why in the base-closing criteria, 2004. The at all these issues in a totality because these facilities were designated by the force structure at that time was 55 at- we are in a very different environment Department of Defense for closure. tack submarines—still is—but the De- than we were even pre-September 11, What is even more disturbing is that partment of Defense is changing their 2001, and our threat environment has to in order to make the case before the force structure after they already made be looked through an entirely different base-closing commission, in an ex- the recommendations. How can they prism. tremely limited period of time com- make a recommendation based on 55 In fact, as I mentioned on the floor pared to the four previous base-closing attack submarines but then decide, just about a year ago, in attempting to rounds—which I am intimately famil- well, maybe a year later we can reduce defer this process until we had a iar with, having been part of them in that number? We have already made chance to evaluate overseas bases, one the past; we had 6 months—in this the decision. of the issues I looked at was the track base-closing round, we have 4 months. It raises a considerable number of record of the Department of Defense in It is on an expedited timeframe; there- questions about the flawed information terms of ascertaining the future threat fore, it makes it even more difficult, and the flawed process. Yet we have environments. What could they antici- more problematic, to make your case, not had an opportunity to evaluate it. pate were future threats? I have to say when every day is going to count, and We have lost a critical 2 weeks in this that I was somewhat shocked by the the Department of Defense is with- process and, again, as I said, on a very findings because I evaluated the force holding all of the information upon expedited timeframe in which to make structure reports and military threat which we have to make our case. these decisions, to evaluate the infor- assessments that were required to be We are required by law to have that mation, and to submit our case before accompanied with the base-closing information because in order to make the base-closing commission in the rounds in previous years. your case, you have to prove that the scheduled hearings over this next It was interesting. I decided to dis- Department of Defense deviated sub- month. cern, exactly when did they anticipate stantially—deviated substantially— If the Department of Defense does a threat of terrorism, asymmetric from the criteria in the base-closing not provide this information in a time- threats, or threats to our homeland se- statute when it comes to military ly manner, then this round of base curity? And it was a startling and value, operational readiness, the clos- closings is fundamentally flawed and is abysmal picture because they had a ing costs, the costs of operations of designed to close critical military in- significantly flawed track record. The that particular facility, the economic frastructure at a time when our Nation first time that a threat to our home- impacts, so on and so on. faces a changing, unpredictable threat land security was even mentioned was

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5936 CONGRESSIONAL RECORD — SENATE May 25, 2005 in the Quadrennial Defense Review of SUBMITTED RESOLUTIONS more appropriate to be optimistic. The 1997. Mr. President, 1997—that was 4 number of deaths from breast cancer is years before September 11. At that actually stable or falling from year to SENATE RESOLUTION 154—DESIG- time, with the previous base-closing year. Early detection of breast cancer NATING OCTOBER 21, 2005 AS rounds, these base-closing commissions continues to result in extremely favor- ‘‘NATIONAL MAMMOGRAPHY able outcomes: 97 percent of women were required to make a 6-year outlook DAY’’ with localized breast cancer will sur- for the potential threats and antici- Mr. BIDEN (for himself, Mr. ALLARD, vive 5 years or longer. New digital pated threats—6 years. Now, with this Mr. ALLEN, Mr. BUNNING, Ms. CANT- techniques make the process of mam- base-closing round, it requires 20 years. WELL, Mr. COCHRAN, Mr. DORGAN, Mrs. mography much more rapid and precise But even with 6 years out, they could HUTCHISON, Mr. ISAKSON, Ms. LANDRIEU, than before. Government programs will not even discern a threat to our home- Mr. LAUTENBERG, Mr. SANTORUM, and provide free mammograms to those land security. They mentioned it in the Mr. WYDEN) submitted the following who can’t afford them, as well as Med- Quadrennial Defense Review of 1997, resolution; which was referred to the icaid eligibility for treatment if breast but it was a fourth-tier concern. And Committee on the Judiciary: cancer is diagnosed. Just a few weeks that was 4 years out from September S. RES. 154 ago, the headline on the front page of 11—4 years out from September 11. Whereas according to the American Cancer the Washington Post trumpeted a Society, in 2005, 212,930 women will be diag- major improvement in survival of pa- Nineteen days after September 11, we nosed with breast cancer and 40,410 women tients with early breast cancer fol- had another quadrennial defense review will die from this disease; lowing use of modern treatment regi- issued by the Department of Defense. Whereas it is estimated that about 2,000,000 mens involving chemotherapy and hor- Al-Qaida wasn’t even mentioned in women were diagnosed with breast cancer in mone therapy. Information about that quadrennial defense review. It the 1990s, and that in nearly 500,000 of those treatment of breast cancer with sur- cases, the cancer resulted in death; wasn’t even mentioned 19 days after Whereas African-American women suffer a gery, chemotherapy, and radiation September 11. 30 percent greater mortality rate from breast therapy has exploded, reflecting enormous research advances in this disease. So I think that gives you a measure cancer than White women and more than a 100 percent greater mortality rate from So I am feeling quite positive about of the understanding that the Depart- breast cancer than women from Hispanic, our battle against breast cancer. A di- ment of Defense has not had an accu- Asian, and American Indian populations; agnosis of breast cancer is not a death rate or reliable determination of poten- Whereas the risk of breast cancer increases sentence, and I encounter long-term tial threats this country could face— with age, with a woman at age 70 having survivors of breast cancer nearly daily. twice as much of a chance of developing the In recent times, the newspapers have not even 4 years out, not even 19 days disease as a woman at age 50; after September 11—to the degree that Whereas at least 80 percent of the women been filled with discussion over wheth- al-Qaida was a threat to this country. who get breast cancer have no family history er the scientific evidence actually sup- That is the problem, Mr. President. We of the disease; ports the conclusion that periodic screening mammography saves lives. It do not have an accurate picture. Whereas mammograms, when operated professionally at a certified facility, can pro- seems that much of this controversy This base-closing round is required to vide safe screening and early detection of relates to new interpretations of old ascertain the threat environment and breast cancer in many women; studies, and the relatively few recent projecting 20 years out. Mind you, over Whereas mammography is an excellent studies of this matter have not clari- method for early detection of localized the last more than 10 years, all breast cancer, which has a 5-year survival fied this issue. Most sources seem to throughout the nineties, when we had rate of more than 97 percent; agree that all of the existing scientific the World Trade Center bombing, Whereas the National Cancer Institute and studies have some weaknesses, but it is Khobar Towers, Kenya, and Tanzania, the American Cancer Society continue to far from clear whether the very large recommend periodic mammograms; and and truly unambiguous study needed to all throughout that decade—and we Whereas the National Breast Cancer Coali- settle this matter definitively can ever had the USS Cole in 2000—there was tion recommends that each woman and her be done. only one time in that decade there was health care provider make an individual de- So what is a woman to do? I do not a mention of homeland security in any cision about mammography: Now, therefore, claim any expertise in this highly tech- fashion. I think that is pretty telling. be it Resolved, That the Senate— nical area, so I rely on the experts. The So the fact that the Department of (1) designates October 21, 2005, as ‘‘Na- American Cancer Society, the National Defense cannot bring forward the infor- tional Mammography Day’’; and Cancer Institute, and the U.S. Preven- mation that validates or invalidates (2) encourages the people of the United tive Services Task Force all continue States to observe the day with appropriate to recommend periodic screening mam- their assumptions and conclusions is programs and activities. mography, and I endorse the state- particularly troubling in this threat Mr. BIDEN. Mr. President, today I ments of these distinguished bodies. environment. I regret we are in the sit- am submitting a resolution designating On the other hand, I recognize that uation today of having to beg, plead, October 21, 2005, as ‘‘National Mam- some women who examine these re- and persuade to try to get some glim- mography Day.’’ I might note that I search studies are unconvinced of the mer into the insights, into the docu- have submitted a similar resolution need for periodic screening mammog- mentation evaluation they made in each year since 1993, and on each occa- raphy. However, even those scientists reaching these final conclusions. More sion the Senate has shown its support who do not support periodic mammog- for the fight against breast cancer by than anything else, the statute re- raphy for all women believe that it is approving the resolution. quires those to be making the case be- appropriate for some groups of women Each year, as I prepare to submit with particular risk factors. In agree- fore the Base Closing Commission to this resolution, I review the latest in- ment with these experts, I encourage determine how the Department of De- formation from the American Cancer all women who have doubts about the fense deviated substantially from the Society about breast cancer. For the usefulness of screening mammography criteria. How are we to know, if they year 2005, it is estimated that slightly in general to discuss with their indi- don’t depend upon the very department more than 211,000 women will be diag- vidual physicians whether this test is who makes the decision, has the infor- nosed with breast cancer and slightly appropriate in their specific situations. mation, and has yet to transmit them more than 40,000 women will die of this So my message to women is: have a forthwith to all of the respective dele- disease. periodic mammogram, or at the very gations and officials who are given the In past years, I have often com- least discuss this option with your own mented on how gloomy these statistics opportunity to make the case before physician. were. But as I review how these num- I know that some women don’t have the Base Closing Commission? bers are changing over time, I have annual mammograms because of either come to the realization that it is really fear or forgetfulness. It is only human

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5937 nature for some women to avoid mam- Whereas hundreds of thousands of Ameri- tion was in place. Finally, the number mograms because they are afraid of cans have given their lives while serving in of veterans who served during previous what they will find. To those who are the Armed Forces during the past century; conflicts, such as World War II, when fearful, I would say that if you have Whereas the contributions and sacrifices of our military was many times larger the men and women who served in the Armed periodic routine mammograms, and the Forces have been vital in maintaining the than today, is inevitably declining. latest one comes out positive, even be- freedoms and way of life enjoyed by the peo- The net result of these changes is fore you have any symptoms or have ple of the United States; that the percentage of the entire popu- found a lump on self-examination, you Whereas the advent of the all-volunteer lation that has served in the Armed have reason to be optimistic, not pessi- Armed Forces has resulted in a sharp decline Forces is dropping rapidly, a change mistic. Such early-detected breast can- in the number of individuals and families that can be seen in all segments of so- cers are highly treatable. who have had any personal connection with ciety. Whereas during World War II it Then there is forgetfulness. I cer- the Armed Forces; was extremely uncommon to find a Whereas this reduction in familiarity with family in America that did not have tainly understand how difficult it is to the Armed Forces has resulted in a marked remember to do something that only decrease in the awareness by young people of one of its members on active duty, now comes around once each year. I would the nature and importance of the accom- there are numerous families that in- suggest that this is where ‘‘National plishments of those who have served in the clude no military veterans at all. Even Mammography Day’’ comes in. On that Armed Forces, despite the current edu- though the Iraqi war has been promi- day, let’s make sure that each woman cational efforts of the Department of Vet- nently discussed on television and in we know picks a specific date on which erans Affairs and the veterans service orga- the newspapers, many of our children to get a mammogram each year, a date nizations; are much more preoccupied with the Whereas the system of civilian control of usual concerns of young people than that she won’t forget: a child’s birth- the Armed Forces makes it essential that day, an anniversary, perhaps even the the future leaders of the Nation understand with keeping up with the events of the day her taxes are due. On National the history of military action and the con- day. As a consequence, many of our Mammography Day, let’s ask our loved tributions and sacrifices of those who con- youth still have little or no connection ones: pick one of these dates, fix it in duct such actions; and with or knowledge about the important your mind along with a picture of your Whereas, on November 9, 2004, President historical and ongoing role of men and child, your wedding, or another symbol George W. Bush issued a proclamation urg- women who have served in the mili- of that date, and promise yourself to ing all the people of the United States to ob- tary. This omission seems to have per- serve November 7 through November 13, 2004, sisted despite ongoing educational ef- get a mammogram on that date every as ‘‘National Veterans Awareness Week’’: year. Do it for yourself and for the oth- Now, therefore, be it forts by the Department of Veterans ers that love you and want you to be Resolved, That the Senate— Affairs and the veterans service organi- part of their lives for as long as pos- (1) designates the week of November 6 zations. sible. through November 12, 2005, as ‘‘National Vet- This lack of understanding about And to those women who are reluc- erans Awareness Week’’; and military veterans’ important role in tant to have a mammogram, I say let (2) encourages the people of the United our society can have potentially seri- States to observe the week with appropriate National Mammography Day serve as a ous repercussions. In our country, ci- educational activities. vilian control of the armed forces is reminder to discuss this question each Mr. BIDEN. Mr. President, today I the key tenet of military governance. year with your physician. New sci- am submitting a resolution expressing A citizenry that is oblivious to the ca- entific studies that are published and the sense of the Senate that the week pabilities and limitations of the armed new mammography techniques that are that includes Veterans’ Day, cor- developed may affect your decision on responding this year to November 6–12, forces, and to its critical role through- this matter from one year to the next. 2005, be designated as ‘‘National Vet- out our history, can make decisions re- I encourage you to keep an open mind erans Awareness Week’’. This marks garding our military involvement that and not to feel that a decision at one the sixth year in a row that I have sub- may have unexpected and unwanted point in time commits you irrevocably mitted such a resolution, which has consequences. Even more important, to a particular course of action for the been adopted unanimously by the Sen- general recognition of the importance indefinite future. ate on all previous occasions. of those individual character traits I urge my colleagues to join me in The purpose of National Veterans that are essential for military success, the ongoing fight against breast cancer Awareness Week is to serve as a focus such as patriotism, selflessness, sac- by cosponsoring and voting for this res- for educational programs designed to rifice, and heroism, is vital to main- olution to designate October 21, 2005, as make students in elementary and sec- taining these key aspects of citizenship ‘‘National Mammography Day.’’ ondary schools aware of the contribu- in the armed forces and even through- tions of veterans and their importance out the population at large. f in preserving American peace and pros- The failure of our children to understand why a military is important, why SENATE RESOLUTION 155—DESIG- perity. This goal takes on particular importance and immediacy this year as our society continues to depend on it NATING THE WEEK OF NOVEM- for ultimate survival, and why a suc- BER 6 THROUGH NOVEMBER 12, we find ourselves again with uniformed men and women in harm’s way in for- cessful military requires integrity and 2005, AS ‘‘NATIONAL VETERANS sacrifice, will have predictable con- AWARENESS WEEK’’ TO EMPHA- eign lands. Why do we need such an educational sequences as these youngsters become SIZE THE NEED TO DEVELOP effort? In a sense, this action has be- of voting age. Even though military EDUCATIONAL PROGRAMS RE- come necessary because we are victims service is a responsibility that is no GARDING THE CONTRIBUTIONS of our own success with regard to the longer shared by a large segment of the OF VETERANS TO THE COUNTRY superior performance of our armed population, as it has been in the past, Mr. BIDEN (for himself, Mr. ALLARD, forces. The plain fact is that there are knowledge of the contributions of Mr. ALLEN, Mr. BAUCUS, Mr. BOND, Mr. just fewer people around now who have those who have served in the Armed CHAMBLISS, Mr. COBURN, Ms. COLLINS, had any connection with military serv- Forces is as important as it has ever Mr. CRAPO, Mrs. DOLE, Mr. FEINGOLD, ice. For example, as a result of tremen- been. To the extent that many of us Mr. GREGG, Mr. HAGEL, Mr. INHOFE, Mr. dous advances in military technology will not have the opportunity to serve ISAKSON, Mr. KENNEDY, Mr. LAUTEN- and the resultant productivity in- our country in uniform, we must still BERG, Mr. LEVIN, and Mr. THOMAS) sub- creases, our current armed forces now remain cognizant of our responsibility mitted the following resolution; which operate effectively with a personnel as citizens to fulfill the obligations we was referred to the Committee on the roster that is one-third less in size owe, both tangible and intangible, to Judiciary: than just 15 years ago. In addition, the those who do serve and who do sacrifice S. RES. 155 success of the all-volunteer career-ori- on our behalf. Whereas tens of millions of Americans ented force has led to much lower turn- The importance of this issue was have served in the Armed Forces of the over of personnel in today’s military brought home to me several years ago United States during the past century; than in previous eras when conscrip- by Samuel I. Cashdollar, who was then

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5938 CONGRESSIONAL RECORD — SENATE May 25, 2005 a 13-year-old seventh grader at Lewes cans and can produce physical, mental, and S. CON. RES. 38 Middle School in Lewes, DE. Samuel social impairments; Whereas today’s youth are vital to the won the Delaware VFW’s Youth Essay Whereas recent census data show that al- preservation of our country and will be the Contest that year with a powerful pres- most 36,300,000 people in the United States future bearers of the bright torch of democ- entation titled ‘‘How Should We Honor live in households experiencing hunger or racy; food insecurity; Whereas youth need positive direction as America’s Veterans’’? Samuel’s essay Whereas the problem of hunger and food pointed out that we have Nurses’ Week, they transition into adulthood; insecurity can be found in rural, suburban, Whereas the United States needs increased Secretaries’ Week, and Teachers’ and urban America, touching nearly every numbers of community volunteers acting as Week, to rightly emphasize the impor- American community; positive influences on the Nation’s youth; tance of these occupations, but the Whereas although substantial progress has Whereas the Congressional Awards pro- contributions of those in uniform tend been made in reducing the incidence of hun- gram is committed to recognizing our Na- to be overlooked. We don’t want our ger and food insecurity in the United States, tion’s most valuable asset, our youth, by en- children growing up to think that Vet- certain groups, including the working poor, couraging them to set and accomplish goals erans Day has simply become a syn- the elderly, homeless people, children, mi- in the areas of volunteer public service, per- onym for a department store sale, and grant workers, and Native Americans remain sonal development, physical fitness, and ex- vulnerable to hunger and the negative effects pedition/exploring; we don’t want to become a nation of food deprivation; where more high school seniors recog- Whereas more than 21,000 young people Whereas the people of the United States have been involved in the Congressional nize the name Britney Spears than the have a long tradition of providing food as- Awards program this year; name Dwight Eisenhower. sistance to hungry people through acts of Whereas through the efforts of dedicated National Veterans Awareness Week private generosity and public support pro- advisors across the country, this year 238 complements Veterans Day by focusing grams; students earned the Congressional Award on education as well as commemora- Whereas the United States Government, Gold Medal; tion, on the contributions of the many through Federal food assistance programs Whereas increased awareness of the pro- in addition to the heroism and service like the Federal Food Stamp Program, child gram’s existence will encourage youth of the individual. National Veterans nutrition programs, and food donation pro- throughout the Nation to become involved grams, provides essential nutrition support with the Congressional Awards: Now, there- Awareness Week also presents an op- to millions of low-income people; portunity to remind ourselves of the fore, be it Whereas there is a growing awareness of Resolved by the Senate (the House of Rep- contributions and sacrifices of those the important public and private partnership resentatives concurring), That the rotunda of who have served in peacetime as well role that community-based organizations, the Capitol is authorized to be used on June as in conflict; both groups work institutions of faith, and charities provide in 22, 2005, for a ceremony to award Congres- unending hours and spend long periods assisting hungry and food insecure people; sional Award Gold Medals to national recipi- away from their families under condi- Whereas more than 50,000 local commu- ents. Physical preparation for the ceremony tions of great discomfort so that we all nity-based organizations rely on the support shall be carried out in accordance with such can live in a land of freedom and plen- and efforts of more than 1,000,000 volunteers conditions as the Architect of the Capitol ty. to provide food assistance and services to may prescribe. Last year, my Resolution designating millions of vulnerable people; f Whereas a diverse group of organizations National Veterans Awareness Week have documented substantial increases in re- AUTHORITY FOR COMMITTEES TO was approved in the Senate by unani- quests for emergency food assistance over MEET mous consent. Responding to that Res- the past year; and COMMITTEE ON AGRICULTURE, NUTRITION AND olution, President Bush issued a proc- Whereas all Americans can help partici- FORESTRY lamation urging our citizenry to ob- pate in hunger relief efforts in their commu- Mr. VOINOVICH. Mr. President, I ask serve National Veterans Awareness nities by donating food and money, volun- teering, and supporting public policies aimed unanimous consent that the Com- Week. I ask my colleagues to continue mittee on Agriculture, Nutrition and this trend of support for our veterans at reducing hunger: Now, therefore, be it Resolved, That the Senate— Forestry be authorized to conduct a by endorsing this resolution again this hearing during the session of the Sen- year. Our children and our children’s (1) designates June 7, 2005, as ‘‘National Hunger Awareness Day’’; ate on Wednesday, May 25, 2005, at 10 children will need to be well informed (2) calls upon the people of the United a.m. in SR–328A, Russell Senate Office about what veterans have accom- States to observe ‘‘National Hunger Aware- Building. The purpose of this hearing plished in order to make appropriate ness Day’’— will be to review the United States decisions as they confront the numer- (A) with appropriate ceremonies, volunteer Grain Standards Act. ous worldwide challenges that they are activities, and other support for local The PRESIDING OFFICER. Without sure to face in the future. antihunger advocacy efforts and hunger re- objection, it is so ordered. lief charities, including food banks, food res- f cue organizations, food pantries, soup kitch- COMMITTEE ON BANKING, HOUSING, AND URBAN SENATE RESOLUTION 156—DESIG- ens, and emergency shelters; and AFFAIRS NATING JUNE 7, 2005, AS ‘‘NA- (B) with the year-round support of pro- Mr. VOINOVICH. Mr. President, I ask TIONAL HUNGER AWARENESS grams and public policies that reduce hunger unanimous consent that the Com- DAY’’ AND AUTHORIZING THAT and food insecurity in the United States; and mittee on Banking, Housing, and THE SENATE OFFICES OF SEN- (3) authorizes the offices of Senators Urban Affairs be authorized to meet Smith, Lincoln, Dole, and Durbin to collect ATORS GORDON SMITH, during the session of the Senate on donations of food from May 26, 2005, until May 25, 2005, at 10 a.m., to conduct a BLANCHE L. LINCOLN, ELIZA- June 7, 2005, from concerned Members of BETH DOLE, AND RICHARD J. hearing on the nomination of Mr. Ben Congress and staff to assist families suf- S. Bernanke, of New Jersey, to be a DURBIN BE USED TO COLLECT fering from hunger and food insecurity in the member of the Council of Economic DONATIONS OF FOOD FROM MAY Washington, D.C. metropolitan area. Advisers; and Mr. Brian D. Mont- 26, 2005, UNTIL JUNE 7, 2005, FROM gomery, of Texas, to be Assistant Sec- CONCERNED MEMBERS OF CON- f retary of Housing/Federal Housing GRESS AND STAFF TO ASSIST Commissioner, U.S. Department of FAMILIES SUFFERING FROM SENATE CONCURRENT RESOLU- TION 38—PERMITTING THE USE Housing and Urban Development. HUNGER AND FOOD INSECURITY The PRESIDING OFFICER. Without OF THE ROTUNDA OF THE CAP- IN THE WASHINGTON, D.C. MET- objection, it is so ordered. ROPOLITAN AREA ITOL FOR A CEREMONY TO COMMITTEE ON COMMERCE, SCIENCE AND AWARD THE CONGRESSIONAL Mr. DURBIN (for himself, Mr. SMITH, TRANSPORTATION Mrs. LINCOLN, Mrs. DOLE, and Mr. AWARD GOLD MEDAL TO NA- Mr. VOINOVICH. Mr. President, I ask LEAHY) submitted the following resolu- TIONAL RECIPIENTS unanimous consent that the Com- tion; which was considered and agreed Mr. CRAIG (for himself and Mr. BAU- mittee on Commerce, Science, and to: CUS) submitted the following concur- Transportation be authorized to meet S. RES. 156 rent resolution; which was referred to on Wednesday, May 25, 2005, at 10 a.m. Whereas food insecurity and hunger are a the Committee on Rules and Adminis- on S. 360, Coastal Zone Management fact of life for millions of low-income Ameri- tration: Reauthorization Act of 2005.

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5939 The PRESIDING OFFICER. Without fice of Federal Financial Management, PRIVILEGE OF THE FLOOR objection, it is so ordered. Office of Management and Budget. Mr. LUGAR. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without unanimous consent that Jennifer RESOURCES objection, it is so ordered. Gergen, a State Department detailee Mr. VOINOVICH. Mr. President, I ask COMMITTEE ON INDIAN AFFAIRS who is currently serving on the For- unanimous consent that the Com- Mr. VOINOVICH. Mr. President, I ask eign Relations Committee staff, be mittee on Energy and Natural Re- unanimous consent that the Com- given floor privileges during the con- sources be authorized to meet during mittee on Indian Affairs be authorized sideration of the John Bolton nomina- the session of the Senate on Wednes- to meet on Wednesday, May 25, 2005, at tion. day, May 25, 2005, at 9:30 a.m. to con- 10 a.m., in room 485 of the Russell Sen- The PRESIDING OFFICER. Without sider comprehensive energy legislation. ate Office Building to conduct a hear- objection, it is so ordered. The PRESIDING OFFICER. Without ing on S.J. Res. 15, a joint resolution to f objection, it is so ordered. acknowledge a long history of official NATIONAL HUNGER AWARENESS COMMITTEE ON ENVIRONMENT AND PUBLIC depredations and ill-conceived policies WORKS DAY by the United States Government re- Mr. VOINOVICH. Mr. President, I ask garding Indian tribes and offer an apol- Mr. MCCONNELL. Mr. President, I unanimous consent that the Com- ogy to all Native peoples on behalf of ask unanimous consent that the Sen- mittee on Environment and Public the United States. ate proceed to immediate consider- Works be authorized to meet on ation of S. Res. 156, submitted earlier The PRESIDING OFFICER. Without Wednesday, May 25, 2005, at 9:30 a.m., today. objection, it is so ordered. to conduct an oversight hearing to re- The PRESIDING OFFICER. The view Permitting of Energy Projects. COMMITTEE ON THE JUDICIARY clerk will report the resolution by The hearing will be held in SD 406. Mr. VOINOVICH. Mr. President, I ask title. The PRESIDING OFFICER. Without unanimous consent that the Com- The legislative clerk read as follows: objection, it is so ordered. mittee on the Judiciary be authorized A resolution (S. Res. 156) designating June COMMITTEE ON FINANCE to meet to conduct a markup on 7, 2005, as ‘‘National Hunger Awareness Day’’ Mr. VOINOVICH. Mr. President, I ask Wednesday, May 25, 2005 at 9:30 a.m., in and authorizing that the Senate offices of unanimous consent that the Com- Senate Dirksen Office Building, room Senators Gordon Smith, Blanche L. Lincoln, mittee on Finance be authorized to 226. Currently, S. 852, the asbestos leg- Elizabeth Dole, and Richard J. Durbin be islation, is the only item on the agen- used to collect donations of food from May meet during the session on Wednesday, 26, 2005, until June 7, 2005, from concerned May 25, 2005, at 10 a.m., to hear testi- da. Members of Congress and staff to assist fami- mony on ‘‘Social Security: Achieving The PRESIDING OFFICER. Without lies suffering from hunger and food insecu- Sustainable Solvency.’’ objection, it is so ordered. rity in the Washington, D.C. metropolitan The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE area. objection, it is so ordered. Mr. VOINOVICH. Mr. President, I ask There being no objection, the Senate COMMITTEE ON FOREIGN RELATIONS unanimous consent, pursuant to rule proceeded to consider the resolution. Mr. VOINOVICH. Mr. President, I ask 26.5(a) of the Standing Rules of the Mr. MCCONNELL. Mr. President, I unanimous consent that the Com- Senate that the Select Committee on ask unanimous consent that the reso- mittee on Foreign Relations be author- Intelligence be authorized to meet lution and preamble be agreed en bloc; ized to meet during the session of the after conclusion of the first 2 hours that the motion to reconsider be laid Senate on Wednesday, May 25, 2005, at after the meeting of the Senate com- upon the table; and that any state- 9:30 a.m., to hold a hearing on nomina- mences on May 25, 2005. ments relating to the resolution be printed in the RECORD, without inter- tions. The PRESIDING OFFICER. Without vening action or debate. The PRESIDING OFFICER. Without objection, it so ordered. objection, it is so ordered. The PRESIDING OFFICER. Without SUBCOMMITTEE ON INTELLECTUAL PROPERTY COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. AND PENSIONS Mr. VOINOVICH. Mr. President, I ask The resolution (S. Res. 156) was Mr. VOINOVICH. Mr. President, I as unanimous consent that the Com- agreed to. unanimous consent that the Com- mittee on the Judiciary Subcommittee The preamble was agreed to. mittee on Health, Education, Labor, on Intellectual Property be authorized The resolution, with its preamble, and Pensions meet in executive session to meet to conduct a hearing on ‘‘Pi- reads as follows: during the session of the Senate on racy of Intellectual Property’’ on S. RES. 156 Wednesday, May 25, 2005, at 9:50 a.m., Wednesday, May 2005, at 2:30 p.m., in Whereas food insecurity and hunger are a in SD–430. Dirksen 226. The witness list is at- fact of life for millions of low-income Ameri- The PRESIDING OFFICER. Without tached. cans and can produce physical, mental, and objection, it is so ordered. Panel I: Marybeth Peters, Register of social impairments; Whereas recent census data show that al- COMMITTEE ON HOMELAND SECURITY AND Copyrights and Associate Librarian for most 36,300,000 people in the United States GOVERNMENTAL AFFAIRS Copyright Services, United States Copyright Office, Washington, DC; Ste- live in households experiencing hunger or Mr. VOINOVICH. Mr. President, I ask food insecurity; unanimous consent that the Com- phen M. Pinkos, Deputy Under Sec- Whereas the problem of hunger and food mittee on Homeland Security and Gov- retary of Commerce for Intellectual insecurity can be found in rural, suburban, ernmental Affairs be authorized to Property and Deputy Director of the and urban America, touching nearly every meet on Wednesday, May 25, 2005, at United States Patent and Trademark American community; 9:30 a.m., for a hearing titled, ‘‘How Office, Alexandria, VA; and James E. Whereas although substantial progress has Counterfeit Goods Provide Easy Cash Mendenhall, Acting General Counsel, been made in reducing the incidence of hunger and food insecurity in the United States, for Criminals and Terrorists.’’ Office of the United States Trade Rep- resentative. certain groups, including the working poor, The PRESIDING OFFICER. Without the elderly, homeless people, children, mi- objection, it is so ordered. Panel II: Eric Smith, President, grant workers, and Native Americans remain COMMITTEE ON HOMELAND SECURITY AND International Intellectual Property Al- vulnerable to hunger and the negative effects GOVERNMENTAL AFFAIRS liance, Washington, DC; Taylor of food deprivation; Mr. VOINOVICH. Mr. President, I ask Hackford, Board Member, Directors Whereas the people of the United States unanimous consent that the Com- Guild of America, Los Angeles, CA; and have a long tradition of providing food as- mittee on Homeland Security and Gov- Robert W. Holleyman II, President and sistance to hungry people through acts of Chief Executive Officer, Business Soft- private generosity and public support pro- ernmental Affairs be authorized to grams; meet on Wednesday, May 25, 2005, at ware Alliance, Washington, DC. Whereas the United States Government, 2:30 p.m., to consider the nomination of The PRESIDENT OFFICER. Without through Federal food assistance programs Linda M. Combs to be Controller, Of- objection, it is so ordered. like the Federal Food Stamp Program, child

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5940 CONGRESSIONAL RECORD — SENATE May 25, 2005 nutrition programs, and food donation pro- cember 1991, 1,410 nuclear warheads on heavy Senate completes its business today, grams, provides essential nutrition support intercontinental ballistic missiles, air- the Senate stand in adjournment until to millions of low-income people; launched cruise missiles, and heavy bombers 9:30 in the morning, Thursday, May 26. Whereas there is a growing awareness of were located within the Republic of I further ask that following the prayer the important public and private partnership Kazakhstan; role that community-based organizations, Whereas, on July 2, 1992, the parliament of and the pledge, the morning hour be institutions of faith, and charities provide in Kazakhstan approved and made Kazakhstan deemed expired, the Journal of pro- assisting hungry and food insecure people; a party to the Treaty on the Reduction and ceedings be approved to date, the time Whereas more than 50,000 local commu- Limitation of Strategic Offensive Arms, with for the two leaders be reserved, and nity-based organizations rely on the support annexes, protocols and memorandum of un- that the Senate then return to execu- and efforts of more than 1,000,000 volunteers derstanding, signed at Moscow July 31, 1991, tive session and resume consideration to provide food assistance and services to and entered into force December 5, 1994 (com- of the nomination of John Bolton to be millions of vulnerable people; monly known as the ‘‘START Treaty’’); U.S. ambassador to the U.N. as pro- Whereas a diverse group of organizations Whereas, on February 14, 1995, Kazakhstan have documented substantial increases in re- formally acceded to the Treaty on the Non- vided under the previous order; pro- quests for emergency food assistance over Proliferation of Nuclear Weapons, done at vided that 1 hour be under the control the past year; and Washington, London, and Moscow July 1, of Senator VOINOVICH. Whereas all Americans can help partici- 1968, and entered into force March 5, 1970 The PRESIDING OFFICER. Without pate in hunger relief efforts in their commu- (commonly known as the ‘‘Nuclear Non-Pro- objection, it is so ordered. nities by donating food and money, volun- liferation Treaty’’); f teering, and supporting public policies aimed Whereas, on December 13, 1993, the Govern- at reducing hunger: Now, therefore, be it ment of Kazakhstan signed the Safe and Se- PROGRAM Resolved, That the Senate— cure Dismantlement Act (SSD) and its 5 im- Mr. MCCONNELL. Mr. President, to- (1) designates June 7, 2005, as ‘‘National plementing agreements with the United Hunger Awareness Day’’; States, and became eligible to receive morrow, the Senate will resume consid- (2) calls upon the people of the United $85,000,000 in assistance under the Nunn- eration of the nomination of John States to observe ‘‘National Hunger Aware- Lugar/Cooperative Threat Reduction Pro- Bolton to be U.S. ambassador to the ness Day’’— gram; U.N. As a reminder, cloture was just (A) with appropriate ceremonies, volunteer Whereas the decision of the people and the filed a moment ago on the nomination. activities, and other support for local Government of Kazakhstan to transfer all The cloture vote on Bolton will occur antihunger advocacy efforts and hunger re- nuclear weapons from the territory of at 6 p.m. tomorrow night. If cloture is lief charities, including food banks, food res- Kazakhstan to the control of the Russian invoked, we will immediately proceed cue organizations, food pantries, soup kitch- Federation allowed Kazakhstan to become a ens, and emergency shelters; and non-nuclear-weapon State Party to the Nu- to a confirmation vote. Therefore, I en- (B) with the year-round support of pro- clear Non-Proliferation Treaty; courage all Members who wish to speak grams and public policies that reduce hunger Whereas the continuing efforts of the Gov- on the nomination to contact the man- and food insecurity in the United States; and ernment of Kazakhstan to pursue coopera- agers as soon as possible. (3) authorizes the offices of Senators tive efforts with the United States and other f Smith, Lincoln, Dole, and Durbin to collect countries to secure, eliminate, destroy, or donations of food from May 26, 2005, until interdict weapons and materials of mass de- ORDER FOR ADJOURNMENT June 7, 2005, from concerned Members of struction and their means of delivery pro- Mr. MCCONNELL. If there is no fur- Congress and staff to assist families suf- vides a model for such efforts; and ther business to come before the Sen- fering from hunger and food insecurity in the Whereas, in April 1995, the Government of ate, I ask that the Senate stand in ad- Washington, D.C. metropolitan area. Kazakhstan formally transferred the last nu- journment under the previous order f clear warhead from the territory of Kazakhstan to the territory of the Russian following the remarks of Senators LAU- RECOGNIZING THE HISTORIC EF- Federation: Now, therefore be it TENBERG, SNOWE, and SESSIONS. FORTS OF THE REPUBLIC OF Resolved, That the Senate commends, on The PRESIDING OFFICER. Without KAZAKHSTAN the occasion of the 10th anniversary of the objection, it is so ordered. removal of the last nuclear warhead from the f Mr. MCCONNELL. Mr. President, I territory of Kazakhstan, the people and the ask unanimous consent that the For- Government of the Republic of Kazakhstan WAR IN IRAQ eign Relations Committee be dis- for their historic decision to rid Kazakhstan Mr. LAUTENBERG. Mr. President, as charged from further consideration and of nuclear weapons. we approach this weekend, I thought I the Senate now proceed to S. Res. 122. f The PRESIDING OFFICER. Without would give some thought to what occa- objection, it is so ordered. The clerk MEASURE READ THE FIRST sions this commemorative holiday and will report the resolution by title. TIME—S. 1127 what I think about as we approach Me- The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, I morial Day. I want to recall some of the incidents, the results of war and its A resolution (S. Res. 122) recognizing the understand there is a bill at the desk, historic efforts of the Republic of and I ask for its first reading. consequences. Kazakhstan to reduce the threat of weapons The PRESIDING OFFICER. The It has been a historic week in the of mass destruction through cooperation in clerk will read the bill by title. Senate. We averted a showdown that the Nunn-Lugar/Cooperative Threat Reduc- The legislative clerk read as follows: could have permanently damaged this tion Program, and celebrating the 10th anni- A bill (S. 1127) to require the Secretary of institution and destroyed the unique versary of the removal of all nuclear weap- Defense to submit to Congress all docu- American system of checks and bal- ons from the territory of Kazakhstan. mentation related to the Secretary’s rec- ances that makes our Government the There being no objection, the Senate ommendations for the 2005 round of defense greatest in the history of the world. proceeded to consider the resolution. base closure and realignment. This was the topic of nonstop tele- Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. I now ask for its vision coverage and a forest worth of ask unanimous consent that the reso- second reading, and in order to place newspaper articles. lution be agreed to; that the preamble the bill on the calendar under the pro- In short, the story about the Senate’s be agreed to; and that the motion to visions of rule XIV, I object to my own procedure for approving judicial nomi- reconsider be laid upon the table. request. nees totally dominated the news, but The PRESIDING OFFICER. Without The PRESIDING OFFICER. Objec- there was another story this week, a objection, it is so ordered. tion is heard. story that did not receive much atten- The resolution (S. Res. 122) was The bill will be read for the second tion. It was the story of at least 14 agreed to. time on the next legislative day. brave American soldiers who died in The preamble was agreed to. f Iraq since Sunday. These deaths came The resolution, with its preamble, as a wave of bombings and suicide at- reads as follows: ORDERS FOR THURSDAY, MAY 26, tacks engulfed Baghdad and other cit- S. RES. 122 2005 ies. Whereas at the time of the collapse of the Mr. MCCONNELL. Mr. President, I While we go about our business in the Union of Soviet Socialist Republics in De- ask unanimous consent that when the Senate, while other Americans go

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2005 CONGRESSIONAL RECORD — SENATE S5941 about their daily lives, the war in Iraq being buried. But there is no identifica- wars in Iraq and Afghanistan so far drags on. It has been a month since the tion of name, there is no ceremony. No have claimed 56 sons of New Jersey, Prime Minister Ibrahim al-Jaafari an- family needs to feel as though its pri- sons who died pursuing the battle in nounced his new government, and dur- vacy is being invaded. Afghanistan. Thirty were killed since ing that time at least 620 people have So I question that. I think it would last Memorial Day. Eleven have died been killed in Iraq, including 58 U.S. be appropriate on this Memorial Day to this year. The wars have produced fu- troops. During that time, it has been a start off after the Memorial Day recess nerals and wakes and I have met the painful recognition for families across and say, yes, anyone who is returned in grieving families. America and across my State. Sadly, a flag-draped coffin is entitled to re- One of the most recent funerals I at- the American people have become so ceive the honor and the respect of the tended was for PFC Min Soo Choi. Here numb to these deaths that they are no country that sent them there, our is a picture of the young man. His fam- longer considered major news, and the country. It is appropriate. ily came to America from Korea 5 administration has not helped matters The pain goes on almost every day— years ago, in search of a better life. I by continuing its questionable policy reports of car bombings, roadside have met his parents. I saw them this of banning photographs or video im- bombs, suicide attacks. They kill sol- week again. ages of the flag-draped coffins of our diers, they kill civilians, they kill chil- His story struck a chord with me be- heroes making their final trip home. dren, sometimes in the double digits in cause many years ago my parents were I have to ask a question: Is the pur- a single incident, 20, 30 people. What also immigrants, and I also enlisted in pose of this policy to hide the sacrifices they are trying to do is crush the spirit the Army as a young man. I enlisted of our soldiers and their families? I am of the Iraqis who have been through so when I was 18 years old. Min Soo was hard-pressed to think of any other rea- much at this point. Our people con- killed by a roadside bomb in Iraq on son. This is an issue I have discussed tinue on bravely serving their country, February 26. He wasn’t even a U.S. cit- on the floor of the Senate before. It serving the orders that they get from izen, but he loved this country and stuns me that at the moment of the re- their Nation. what it stands for. turn of the remains of a family mem- Within the last week, military lead- At Min Soo’s funeral I heard about ber, that casket covered in honor by ers, however, had a change of tune what a unique individual he was. I felt the flag of our country is hidden from when the leading general in charge of the void that his death had left in the the public. No photos are allowed, no our operations in Iraq described as a lives of his family and friends, and that photographs allowed, and no attention sober assessment the situation in Iraq. is true of every 1 of the 1,600 who have paid. That is the first that we have heard died in this war. Each death leaves an As a veteran of an earlier war, I am about that. We have heard continu- ache that will never heal in the heart of a parent or spouse, brother or sister, very conscious of our responsibility to ously that we have enough troops to do or a small child. So on this Memorial veterans and to those who are fighting the job, that the Iraqis are learning Day I will pause not only to remember the battle for all of us, and I wonder what they have to do to take over. It is our fallen soldiers but also the loved why the administration continues its not true. I was in Iraq approximately a policy of banning photographs or video ones they have left behind. year ago and saw how slowly the job of Mr. President, I know the hour is images of the flag-draped coffins of our preparing policemen to take over was late, but I hope you will indulge me by heroes making their final trip home. It going. It was painfully slow. Often the allowing me to read into the CONGRES- seems as if they want to conceal the recruits were found to be hopelessly SIONAL RECORD, where they will be en- sacrifices of our soldiers and their fam- untrained for the assignment, without shrined for all times, the names of the ilies. I am hard pressed to think of any the ability to drive a car, no driver’s li- 56 soldiers with New Jersey connec- other reason. cense, not literate. They were training tions who have given their lives in Iraq As have most of my colleagues, something like 80 every 6 weeks. and Afghanistan: where there has been a loss of life in So it is going to take a long time at the State that they represent, we have SGT Steven Checo, Elizabeth; Corporal Mi- the rate of 80 in 6 weeks to get 50,000 chael Edward Curtin, Howell; Specialist Ben- gone to a funeral or a ceremony ac- policemen trained. jamin W. Sammis, West Long Branch; Staff knowledging the sacrifice that these According to the assessment that we Sergeant Terry W. Hemingway, Willingboro; individuals have made and the pain heard from the commanding general, Specialist Gil Mercado, Paterson—The city I their families undergo. I was at a fu- the bottom line was that American was born in; Specialist Narson B. Sullivan, neral ceremony at Arlington when one troops will probably be there for years North Brunswick; Specialist, Kyle A. Griffin, of our New Jersey soldiers was buried. to come. For the 140,000 who serve Emerson; Sergeant First Class Gladimir His family was present, mother and fa- Philippe, Linden; Specialist, Richard P. there today, there is no quick end in Orengo, Perth Amboy; First Sergeant Chris- ther. He was a young man, in his early sight. topher D. Coffin, Somerville; Petty Officer twenties. I watched the ceremony as I do not take the floor to debate the First Class David M. Tapper, Atco; Captain the Honor Guard escorted his coffin to wisdom of the war in Iraq or the way it Brian R. Faunce, Ocean; Staff Sgt. Fredrick the place of burial. It was covered with has been prosecuted. Today I speak to L. Miller Jr., Jackson; Specialist Simeon Na- a flag. The Honor Guard was so precise honor the more than 1,600 American thaniel Hunte, Essex; 2nd Lieut. Richard and so immaculate in their appearance, soldiers who have given their lives in Torres, Passaic; Sergeant Joel Perez, New- so honorable. They took the American Iraq and more than 170 who have died ark; Specialist Marion P. Jackson, Jersey City; Specialist Ryan Travis Baker, Browns flag and folded it so gently but ever so in Afghanistan. Mills; Major Steven Plumhoff, Neshanic Sta- precisely until through eight escorts In front of my office in the Hart tion; Staff Sergeant Thomas A. Walkup, and the captain of the Honor Guard, Building there are pictures of those Millville; Specialist Marc S. Seiden, Brigan- they made the folds so carefully until fallen heroes identifying them by name tine; Second Lieutenant Seth J. Dvorin, Pen- they got it into a triangle, and the cap- as a reminder of what is going on even nington; Private First Class Bruce Miller Jr., tain of the Guard walked over to the as we discuss issues of some critical Orange; Specialist Adam D. Froehlich, Pine man’s mother and presented it to her. relevance and some not so important. Hill; Second Lieutenant John Thomas The most important thing is that we Wroblewski, Oak Ridge; Lance Corporal It was such a touching ceremony, this Phillip E. Frank, Cliffwood Beach; Specialist recognition of honor, this under- have people who are in their young Frank K. Rivers, Newark; Specialist Phillip standing of what this soldier who per- years paying with their lives for the I. Spakosky, Browns Mills; Sergeant Frank ished had done for his country. battle in which we are engaged in the T. Carvill, Carlstadt; Specialist Christopher I cannot understand why it is that we Middle East. M. Duffy, Brick; Sergeant Ryan E. Doltz, are not allowed to photograph these Monday is Memorial Day. It is a day Mine Hill; Sergeant Humberto F. Timoteo, coffins when they come home with the when our Nation honors the fallen he- Newark; Chief Warrant Officer Nicholas P. remains, when they come to the Dover roes of all of our wars. I hope every DiMona II, Barrington; Sergeant Alan D. Sherman, Ocean; CPL Terry Holmes Air Force Base in Delaware before they American will pause for a minute dur- Ordonez, Paterson; Lance Corporal Vincent go to the mortuary where the families ing the day and reflect on the price M. Sullivan, Chatham; Specialist Anthony J. have an opportunity to make certain that is being paid for our freedom and Dixon, Lindenwold; Army Special Forces Mi- that it is their family member who is on those who have paid that price. The chael Yury Tarlavsky, Clifton; Specialist

VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5942 CONGRESSIONAL RECORD — SENATE May 25, 2005 Yoe M. Aneiros, Newark; Specialist Bryan L. To be major general GORDON D. PETERS, 0000 RALPH I. PORTNOY, 0000 Freeman, Lumberton; Corporal Tyler Ryan, BRIG. GEN. ROBERT J. KASULKE, 0000 LARRY A. PUGH, 0000 Gloucester City; Private First Class Stephen WILLIAM H. REUTER IV, 0000 To be brigadier general Benish, Linden; Specialist David P. STEPHEN A. SCHMEISER, 0000 COL. STANLEY L. K. FLEMMING, 0000 SCOTT N. WELLER, 0000 Mahlenbrock, Maple Shade; Lance Cpl Brian MATHIAS W. WINTER, 0000 P. Parrello, West Milford; 1st Class Sgt. Paul THE FOLLOWING ARMY NATIONAL GUARD OF THE Karpowich, trained in Pennsauken; Spe- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TO THE GRADE INDICATED IN THE UNITED STATES NAVY cialist Alain Kamolvathin, Blairstown; Ser- TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: geant Stephen Sherman, Neptune; Corporal To be brigadier general To be captain Sean P. Kelly, Pitman; Lance Corporal MICHAEL E. DEVINE, 0000 COL. LARRY J. STUDER, 0000 Harry Raymond Swain III, Millville; PFC DANIEL M. DRISCOLL, 0000 Min Soo Choi, River Vale—his picture is IN THE NAVY DAVID B. HANSON, 0000 here; Captain Sean Grimes, Mother lives in DONALD J. HURLEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT P. KENNETT, 0000 Dover; Major Steven W. Thornton, based at TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM C. KOTHEIMER, JR., 0000 Fort Monmouth; Private Robert C. White, UNDER TITLE 10, U.S.C., SECTION 624: THOMAS H. LANG, 0000 Camden; Major John Charles Spahr, Cherry To be captain THOMAS M. LEECH, JR., 0000 STEPHANIE S. K. LEUNG, 0000 Hill; Staff Sgt, Anthony Lee Goodwin, Mt. ANTHONY COOPER, 0000 BRIAN D. NICHOLSON, 0000 Holly; Lance Corporal Jourdan L. Grez, Long RODERICK J. GIBBONS, 0000 VALERIE A. ORMOND, 0000 Branch. WILLIAM S. GURECK, 0000 MICHAEL L. REYNOLDS, 0000 JON T. ROSS, 0000 I also want to mention two civilians THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARREN A. SAWYER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY EVA L. SCOFIELD, 0000 from New Jersey who were killed while UNDER TITLE 10, U.S.C., SECTION 624: MARK S. SIMPSON, 0000 supporting the war effort in Iraq: Paul To be captain ALVIN C. WILSON III, 0000 M. Johnson of Eagleswood, and Thomas ANNIE B. ANDREWS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Jaichner of Burlington City. CAROLINE M. OLINGER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: I know each of my colleagues will YOLANDA Y. REAGANS, 0000 SUSAN L. SHERMAN, 0000 To be captain join me this weekend in paying tribute THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RAYMOND M. ALFARO, 0000 to the brave soldiers who have sac- TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT M. CARLSON, 0000 rificed their lives for our country. UNDER TITLE 10, U.S.C., SECTION 624: JAMES E. CHISUM, JR., 0000 To be captain JOHN S. DAY, 0000 The PRESIDING OFFICER. The Sen- GARY H. DUNLAP, 0000 ator from Maine. ROBERT G. BERGMAN, 0000 LESLIE R. ELKIN, 0000 Ms. SNOWE. Mr. President, I ask EUGENIA L. CAIRNSMCFEETERS, 0000 MYLES ESMELE, JR., 0000 WILLIAM J. CUNNINGHAM, 0000 LUTHER B. FULLER III, 0000 unanimous consent I be allowed to MICHAEL R. FISHER, 0000 DENNIS M. GANNON, 0000 speak as in morning business. STEVEN L. PARODE, 0000 RICHARD M. HARTMAN, 0000 PHILIP G. STROZZO, 0000 CLOYES R. HOOVER, JR., 0000 The PRESIDING OFFICER. Without JOSEPH M. IACOVETTA, 0000 objection, it is so ordered. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH S. KONICKI, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DEAN M. KRESTOS, 0000 (The remarks of Ms. SNOWE related to UNDER TITLE 10, U.S.C., SECTION 624: CHARLES S. LASOTA, 0000 the introduction of S. 1127 are printed To be captain STEPHEN W. MITCHELL, 0000 TIMOTHY B. MULL, 0000 in today’s RECORD under ‘‘Statements SCOTT D. KATZ, 0000 ROBERT E. PARKER, JR., 0000 On Introduced Bills And Joint Resolu- JOHN G. KUSTERS, JR., 0000 STEPHEN P. REIMERS, 0000 JAMES C. PETTIGREW, 0000 PETER E. SCHUPP, 0000 tions.’’) WILLIAM J. SCHULZ, JR., 0000 DANIEL M. SEIGENTHALER, 0000 f ROBERT S. STEADLEY, 0000 PAUL E. SKOGERBOE, 0000 PAUL C. STEWART, 0000 HEIDEMARIE STEFANYSHYNPIPER, 0000 ADJOURNMENT UNTIL 9:30 A.M. JAMES D. SYRING, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN B. TERRY, 0000 TOMORROW TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARK W. THOMAS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: RODERICK C. WESTER, 0000 The PRESIDING OFFICER. Under To be captain MICHAEL J. WIEGAND, 0000 the previous order, the Senate stands JOSEPH YUSICIAN, 0000 WILLIAM T. AINSWORTH, 0000 adjourned until 9:30 a.m. tomorrow. WILLIAM A. BRANSOM, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Thereupon, the Senate, at 7:53 p.m., TERRY M. BURT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL A. KELLY, 0000 UNDER TITLE 10, U.S.C., SECTION 624: adjourned until Thursday, May 26, 2005, DOUGLAS S. KILLEY, 0000 To be captain at 9:30 a.m. GEORGE D. SEATON, 0000 ALAN J. ABRAMSON, 0000 f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN R. ANDERSEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DOUGLAS E. ARNOLD, 0000 NOMINATIONS UNDER TITLE 10, U.S.C., SECTION 624: KENNETH J. BARRETT, JR., 0000 To be captain BRET C. BATCHELDER, 0000 Executive nominations received by JEFFREY L. BAY, 0000 the Senate May 25, 2005: KATHERINE M. DONOVAN, 0000 WARREN C. BELT, 0000 LARRY N. FLINT, 0000 TIMOTHY J. BLOCK, 0000 COMMODITY FUTURES TRADING COMMISSION GRETCHEN S. HERBERT, 0000 DEBRA A. BODENSTEDT, 0000 JOHN F. HOLMS, 0000 RONALD A. BOXALL, 0000 WALTER LUKKEN, OF INDIANA, TO BE A COMMISSIONER JON T. KENNEDY, 0000 BRIAN J. BRAKKE, 0000 OF THE COMMODITY FUTURES TRADING COMMISSION NANCY KINGWILLIAMS, 0000 KEVIN R. BRENTON, 0000 FOR A TERM EXPIRING APRIL 13, 2010. (REAPPOINTMENT) DAWN M. MASKELL, 0000 JOHN L. BRYANT, JR., 0000 DEPARTMENT OF THE TREASURY JOHN P. STEINER, 0000 PATRICK E. BUCKLEY, 0000 MARTHA M. WARNER, 0000 ANDREW BUDUO III, 0000 JOHN M. REICH, OF VIRGINIA, TO BE DIRECTOR OF THE ROBERT P. BURKE, 0000 OFFICE OF THRIFT SUPERVISION FOR A TERM EXPIRING THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID L. BUTTRAM, 0000 OCTOBER 23, 2007, VICE JAMES GILLERAN, TERM EX- TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS M. CALABRESE, 0000 PIRED. UNDER TITLE 10, U.S.C., SECTION 624: KERRY B. CANADY, 0000 FREDERICK J. CAPRIA, 0000 DEPARTMENT OF COMMERCE To be captain BRADLEY A. CARPENTER, 0000 WILLIAM ALAN JEFFREY, OF VIRGINIA, TO BE DIREC- TERRY W. AUBERRY, 0000 DENNIS E. CARPENTER, 0000 TOR OF THE NATIONAL INSTITUTE OF STANDARDS AND RANDALL L. GETMAN, 0000 JOHN B. CARROLL, 0000 TECHNOLOGY, VICE ARDEN BEMENT, JR. HAROLD L. HARBESON, 0000 THOMAS CARROLL, 0000 CHRISTOPHER F. JEWETT, 0000 KEFF M. CARTER, 0000 DEPARTMENT OF TRANSPORTATION DAVID H. LEPARD, 0000 ALEXANDER T. CASIMES, 0000 ASHOK G. KAVEESHWAR, OF MARYLAND, TO BE ADMIN- MARTIN A. NAGLE, 0000 MARK E. CEDRUN, 0000 ISTRATOR OF THE RESEARCH AND INNOVATIVE TECH- JOHN P. OTTERY, 0000 COLIN B. CHAFFEE, 0000 NOLOGY ADMINISTRATION, DEPARTMENT OF TRANSPOR- STEPHEN G. RILEY III, 0000 ROBERT E. CLARK II, 0000 TATION, VICE ELLEN G. ENGLEMAN, RESIGNED. FRANK E. SHEARMAN IV, 0000 RODNEY A. CLARK, 0000 JAMES F. STONE, 0000 BARRY W. COCEANO, 0000 INTER-AMERICAN DEVELOPMENT BANK CYNTHIA J. TALBERT, 0000 JOHN P. CORDLE, 0000 DAVID B. WILKIE, 0000 LAWRENCE E. CREEVY, 0000 JAN E. BOYER, OF TEXAS, TO BE UNITED STATES AL- LOWELL D. CROW, 0000 TERNATE EXECUTIVE DIRECTOR OF THE INTER-AMER- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AARON L. CUDNOHUFSKY, 0000 ICAN DEVELOPMENT BANK, VICE HECTOR E. MORALES. TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRYAN L. CUNY, 0000 NATIONAL SCIENCE FOUNDATION UNDER TITLE 10, U.S.C., SECTION 624: ADAM J. CURTIS, 0000 To be captain PETER K. DALLMAN, 0000 KATHIE L. OLSEN, OF OREGON, TO BE DEPUTY DIREC- TIMOTHY N. DASELER, 0000 TOR OF THE NATIONAL SCIENCE FOUNDATION, VICE JO- NICHOLAS V. BUCK, 0000 GERRAL K. DAVID, 0000 SEPH BORDOGNA. WILLIAM M. CHUBB, 0000 DOUGLAS J. DENNENY, 0000 IN THE ARMY LARRY M. EGBERT, 0000 MICHAEL J. DOBBS, 0000 SCOTT D. KRAMBECK, 0000 WILLIAM J. DOORIS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARRYL J. LONG, 0000 DANIEL G. DOSTER, 0000 IN THE RESERVE OF THE ARMY TO THE GRADES INDI- MICHAEL S. MURPHY, 0000 THOMAS M. DOWNING, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: LISA M. NOWAK, 0000 GLENN C. DOYLE, 0000

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TITO P. DUA, 0000 STEVEN W. KNOTT, 0000 BRIAN D. REEVES, 0000 SUSAN L. DUNLAP, 0000 DAVID M. KRIETE, 0000 DEAN A. RICHTER, 0000 WILLIAM A. EBBS, 0000 THOMAS P. LALOR, 0000 ALTON E. ROSS, JR., 0000 RICHARD E. FARRELL, 0000 GEORGE M. LANCASTER, 0000 KEVIN W. RUCE, 0000 DANIEL H. FILLION, 0000 ANDREW L. LEWIS, 0000 WILLIAM D. SANDERS, 0000 DAVID S. FITZGERALD, 0000 JOSEPH W. LISENBY, JR., 0000 CLAYTON D. SAUNDERS, 0000 JEFFREY A. FRANKLIN, 0000 PAUL A. LLUY, 0000 DONALD A. SCHMIELEY, JR., 0000 JOHN C. P. FRISTACHI, 0000 CHARLES J. LOGAN, 0000 JOHN A. SEARS III, 0000 JOHN W. FUNK, 0000 GREGORY L. LOONEY, 0000 MARK T. SEDLACEK, 0000 JOHN P. GELINNE, 0000 STEVEN A. LOTT, 0000 CRAIG M. SELBREDE, 0000 WILLIAM T. GILLIGAN, 0000 THEODORE J. LUCAS, 0000 MICHAEL J. GINTER, 0000 BRIAN E. LUTHER, 0000 ALEXANDER V. SHARP, 0000 BRIAN J. GLACKIN, 0000 BRADLEY C. MAI, 0000 DWIGHT D. SHEPHERD, 0000 DAVID P. GORMAN, 0000 PAUL A. MARCONI, 0000 BRADLEY J. SMITH, 0000 CHRISTOPHER W. GRADY, 0000 BRADLEY A. MARTIN, 0000 JACK L. SOTHERLAND III, 0000 JEFFREY R. GRAHAM, 0000 THOMAS J. MASER, 0000 JAMES B. SPERRY, 0000 KENNETH L. GRAY, 0000 GEORGE M. MATAIS, 0000 WALTER H. STAMMER III, 0000 MICHAEL E. GROODY, 0000 KEITH W. MAY, 0000 JOHN P. STAMOS, 0000 RUSSELL E. HAAS, 0000 JOHN K. MCDOWELL, 0000 JOHN A. STEWART, 0000 LINDSAY R. HANKINS, 0000 BRIAN MCILVAINE, 0000 MICHAEL A. STRANO, 0000 WILLIAM C. HARRIS, 0000 WILLIAM C. MCMASTERS, 0000 PATRICK T. SULLIVAN, 0000 CHRISTIAN N. HAUGEN, 0000 THOMAS A. MEADOWS, 0000 JOHN W. TAMMEN, JR., 0000 BRIAN W. HELMER, 0000 CHARLES P. MELCHER, 0000 DAVID M. TAYLOR, 0000 ROGER G. HERBERT, JR., 0000 DAVID W. MELIN, 0000 TUSHAR R. TEMBE, 0000 JAMES A. HERTLEIN, 0000 JOHN S. MITCHELL III, 0000 CYNTHIA M. THEBAUD, 0000 JAMES J. HIRST III, 0000 MARK C. MOHR, 0000 CHRISTOPHER B. THOMAS, 0000 JEFFREY D. HOOD, 0000 MICHAEL T. MORAN, 0000 GREG A. THOMAS, 0000 DONALD G. HORNBECK, 0000 TERRY D. MOSHER, 0000 KEVIN J. TOKARICK, 0000 SAMUEL C. H. HOWARD, 0000 MARK B. MULLINS, 0000 JAMES E. TRANORIS, 0000 PHILIP G. HOWE, 0000 STUART B. MUNSCH, 0000 BRIAN T. VANCE, 0000 ROBERT P. IRELAN, 0000 HAL C. MURDOCK, 0000 STEPHEN J. VISSERS, 0000 MICHAEL E. JABALEY, JR., 0000 CHRISTOPHER J. MURRAY, 0000 ADRIAN J. JANSEN, 0000 ROSS A. MYERS, 0000 MICHAEL A. VIZCARRA, 0000 ANTHONY C. KARKAINEN, 0000 THOMAS C. NEAL, 0000 PHILIP L. WADDINGHAM, 0000 CRAIG A. KAUBER, 0000 FREDERICK M. NILES, 0000 CURT R. WALTHER, 0000 THOMAS J. KEARNEY, 0000 JOHN B. NOWELL, JR., 0000 HUGH D. WETHERALD, 0000 WILLIAM A. KEARNS III, 0000 GARY R. PARRIOTT, 0000 KENT D. WHALEN, 0000 STEPHEN H. KELLEY, 0000 THOMAS J. QUINN, 0000 JAMES B. WHITE II, 0000 JOHN M. KERSH, JR., 0000 PATRICK C. RABUN, 0000 GARY H. WILLIAMS, 0000 DAVID L. KIEHL, 0000 ROBERT B. RABUSE, 0000 RICHARD L. WILLIAMS, JR., 0000 RICHARD W. KITCHENS, 0000 DAVID S. RATTE, 0000 DONALD E. WILLIAMSON, 0000 DAVID C. KNAPP, 0000 WILLIAM P. REAVEY, JR., 0000 DOUGLAS E. WRIGHT, 0000

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