Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, WEDNESDAY, DECEMBER 8, 2004 No. 139 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, January 4, 2005, at 12 noon. Senate WEDNESDAY, DECEMBER 8, 2004

The Senate met at 9:30 a.m. and was generations. Thank You for Your pro- ple with issues and wisdom to seek called to order by the President pro tection. You make wars to cease, de- Your guidance. tempore (Mr. STEVENS). stroying the weapons of those who Bless and strengthen the many staff- fight against Your purposes. Today, ers who provide the wind beneath the PRAYER guide our lawmakers with Your justice wings of our leaders. Bring to them a The Chaplain, Dr. Barry C. Black, of- and keep them as the apple of Your bountiful harvest for their many fered the following prayer: eye. Instruct them in Your wisdom and months of faithful toil. Let us pray. hide them under the shadow of Your Bless all who mourn the loss of Stan Faithful God, who stretches out the wings. Help them to find light in Your Kimmitt. He will be greatly missed. Earth above the waters, Your Name is laws and knowledge in Your instruc- We pray this in Your holy Name. great and Your goodness extends to all tions. Give them patience as they grap- Amen.

NOTICE If the 108th Congress, 2d Session, adjourns sine die on or before December 10, 2004, a final issue of the Congres- sional Record for the 108th Congress, 2d Session, will be published on Monday, December 20, 2004, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Monday, December 20. The final issue will be dated Monday, December 20, 2004, and will be delivered on Tuesday, December 21, 2004. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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

S11937

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 8633 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11938 CONGRESSIONAL RECORD — SENATE December 8, 2004 we have seen that in the debates. In not recognize him by name, some of PLEDGE OF ALLEGIANCE many ways this is a major leap for- the new people here, but he was a fix- The PRESIDENT pro tempore led the ward, but we all understand in this ture on the Democratic side of the Sen- Pledge of Allegiance, as follows: changing environment that intel- ate. I pledge allegiance to the Flag of the ligence community reform and the He served for 11 years as Secretary of United States of America, and to the Repub- strengthening and improving of our in- the majority under Senator Mansfield lic for which it stands, one nation under God, telligence is an ongoing process, and when he was the majority leader. He indivisible, with liberty and justice for all. debates and recommendations will con- was also elected Secretary of the Sen- f tinue well into the future. This body ate from 1977 to 1981. He was well RESERVATION OF LEADER TIME will continue to respond in an expedi- known. tious manner, as has been dem- He was a World War II combat vet- The PRESIDENT pro tempore. Under onstrated over the last 4, 41⁄2 months eran, and he spent 25 years in the the previous order, the leadership time since the release of the 9/11 Commis- Army. He served in combat in both is reserved. sion report. Korea and the European theater. He f With the step that is going to be was awarded the Silver Star and the RECOGNITION OF THE MAJORITY taken today in this body, our country Legion of Merit. LEADER will be safer from those plotting I am not going to dwell on this other The PRESIDENT pro tempore. The against us. The bill provides for much than to say it is people like him who majority leader is recognized. improved coordination, much improved have such a love for this institution communication within our intelligence they have worked in, that even though f community. they leave, they are back. He had a SCHEDULE We have heard it argued by many very good business downtown but came Mr. FRIST. Mr. President, this morn- people that it does not go far enough, here all the time. ing we will begin consideration of the and then we hear it argued that it goes As the Chaplain in his prayers talks conference report to accompany the in- too far. Again, it is not a perfect bill. about the Senate family, Stan Kimmitt telligence reform bill. We have a num- There is never a perfect bill or piece of was truly a part of the Senate family. ber of Senators who desire to speak, legislation that comes to this body, but I express my condolences on behalf of and we hope to lock in a time for a it is a very strong bill, and we clearly the entire Senate to his wife and his vote later this afternoon. As an- are not going to let the perfect be the family. nounced last night—and again we will enemy of the good. The PRESIDENT pro tempore. The try to lock all of this in shortly, after We must adapt. Our intelligence ca- majority leader is recognized. pabilities must adapt. By passage of discussion with the Democratic leader- f ship—we are working toward beginning this legislation, we demonstrate we are the vote sometime around 2 to 2:30 adapting and will adapt. But reform is THE INTELLIGENCE REFORM BILL an ongoing process. today. This will have to be adjusted de- Mr. FRIST. Mr. President, today is a pending on how many people do want I have a few more remarks to say on the intelligence bill, but let me turn to signature day in what has been a Con- to speak and how long they want to gress of milestone achievements. Our speak. We continue to have Members the assistant Democratic leader for comments about the schedule over the last vote this year will be on one of the who are adjusting their schedules, who most consequential legislative initia- will be traveling today, and thus we course of today, and then I will make a few more remarks. tives of this session, intelligence re- will, in a very unusual fashion, keep form. The road to this moment has the vote open until sometime around 5 f been filled, as we have all witnessed or 5:15 today to accommodate individ- RECOGNITION OF THE ACTING and participated in, twists and turns. uals’ schedules. MINORITY LEADER Our hearts still run with the emotions The actual time in terms of bringing of the attacks on our Nation on 9/11. the bill to the floor was dependent The PRESIDENT pro tempore. The Our sorrow became our resolve to pro- upon the House schedule, and as every- acting Democratic leader is recognized. tect our homeland with all of the tools one knows, and our colleagues know, Mr. REID. Thank you, Mr. President. that could possibly be at our disposal. that bill was passed last night. We will f Under the President’s leadership, al- shortly begin to address that bill here Qaida was chased from Afghanistan, TIME AGREEMENTS formally on the floor. Once all of our and that country was freed. To head off colleagues have had the opportunity to Mr. REID. Mr. President, we are very an imminent threat, our country top- discuss the bill, we will proceed to the close to being able to wrap up the time pled Saddam Hussein from his dictator- vote. agreements on the most important leg- ship in 3 short weeks. I expect later today, tonight, the islation that is before us. Two efficient To begin the process of making our Senate will adjourn sine die, and that staff people are now typing as we country safer here at home, we created will be following the disposition of the speak. I think we should be able to the Department of Homeland Security. intelligence reform conference report. vote around 3 o’clock or something like And now we take another large step There will be additional wrap-up items that. They are adding up the time now. forward—not the last, but another that we will address, including some of Senator BYRD has indicated he wants 2 large step forward—by recognizing that the executive nominations before we hours, leaving a half hour for the man- our intelligence community needed re- close sine die. agers or the leader, if he wants that organization, responding to that reor- INTELLIGENCE REFORM BILL time before the vote. So we are almost ganization, and doing that reorganiza- Mr. President, let me also say, with there. Within a few minutes that tion for the first time in 50 years. respect to the intelligence bill we will should be able to be completed. I think Change is never easy—the summer and pass today, it is the most sweeping re- we should get that done as quickly as fall have been proof of that maxim— form of our intelligence community we can. but big change is on the way for our in- since the beginning of the CIA. This is f telligence community, change that will a huge accomplishment for the United serve our country to make it safer and States of America and for the U.S. Con- DEATH OF STAN KIMMITT more secure. gress and, indeed, for the President of Mr. REID. Mr. President, I just want I can’t credit enough the careful and the United States, but most impor- to say one thing before we get into de- thorough work of the chairman of the tantly for the American people whose bate. I think it is appropriate today to Senate Governmental Affairs Com- safety and security are first and fore- mention the death of Stan Kimmitt. mittee. At my request she cancelled all most in all of our minds. Stan died last night. We have had a lot summer plans and, with her counter- The reform of our intelligence com- of familiarity with him here. He was in part on the Senate Governmental Af- munity is not going to end today, and the cloakroom yesterday. Some may fairs Committee, Senator LIEBERMAN,

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11939 began work immediately on this crit- that hope. We will have kept our NER, 30 minutes; Senator LEVIN, 15 min- ical project, literally hours after the charge as Members to stand on behalf utes; Senator GRAHAM of Florida, 15 9/11 Commission issued its report. of America in her defense. And we will minutes; Senator COLEMAN, 10 minutes; From beginning to end she has brought have stood and made a lasting dif- Senator CARPER, 5 minutes; Senator her talents and skill to an extremely ference that is a fitting capstone to the SPECTER, 20 minutes, and his comments difficult issue. Chairman SUSAN COL- 108th Congress. will follow Senator LIEBERMAN’s com- LINS demonstrated tremendous leader- I thank all Members for their pa- ments this morning. ship. The Senate and the Nation are in tience. I appreciate them for their dili- I further ask that following the use her debt. gence and dedication since the end of or yielding back of the time, the Sen- This day cannot go by without also July, working nonstop to bring this ate proceed to a vote on the adoption thanking many other Members: Sen- bill to the floor and ultimately see it of the conference report, with no inter- ator LIEBERMAN, the ranking member; through to passage today and later sig- vening action or debate. members of the Governmental Affairs nature by the President of the United Mr. REID. Mr. President, reserving Committee, and the Senate conferees; States. the right to object, I will ask a couple of things: One, that the time for Senator WARNER, who stepped in to f lend an able hand in this last week; quorum calls run off of the time equal- INTELLIGENCE REFORM AND TER- Senator JON KYL, whose patience has ly against everybody. I suggest that RORISM PREVENTION ACT OF been remarkable; Senator TED STE- those people who have time come over 2004—CONFERENCE REPORT VENS, our very experienced hand who and use it. Senator BYRD will be here has dealt with all of the programs The PRESIDENT pro tempore. Under at 12:30. That time is locked in for 2 under review in this bill for decades the previous order, the Senate will pro- hours. I think this is fair and reason- and whose continued interest and lead- ceed to consideration of the conference able. I will also ask the distinguished ership and focus on implementation of report to accompany S. 2845 which the majority leader if we will be able to— this bill will be absolutely critical; clerk will report. this vote is not close or controversial Senator TOM DASCHLE, who joined The legislative clerk read as follows: in any way, and nobody is trying to do hands with me and said right after the The committee of conference on the dis- anything untoward. People on both report was released that we would agreeing votes of the two Houses on the sides may not be here at whatever time work together in a bipartisan way to amendment of the House to the bill (S. 2845) the vote begins. The PRESIDENT pro tempore. Is the generate a complex bill in a responsive, to reform the intelligence community and the intelligence and intelligence-related ac- Senator asking that the time be expeditious way that would respond to tivities of the United States Government, charged against all those who have the recommendations put forth by the and for other purposes, having met, have time, or just against— 9/11 Commission. agreed that the Senate recede from its dis- Mr. REID. I ask unanimous consent That product has been developed and agreement to the amendment of the House that the quorum calls—when they are will be delivered to this body shortly and agree to the same with an amendment, in effect—be charged against everyone and will be voted on this afternoon. and the House agree to the same, signed by except Senator BYRD at 12:30. After The legislation is not perfect. It does a majority of the conferees on the part of 12:30, it would be charged against him not solve every problem. But the legis- both Houses. also. So the time during quorum calls I (The conference report is printed in lation was not designed to solve every ask be charged against all speakers the House proceedings of the RECORD of problem. Specific problems were identi- equally. Otherwise, we are going to December 7, 2004.) fied by the work of the Commission wind up with more people—— and Congress in reviewing operations The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The in the intelligence community in the majority leader. Chair is constrained to ask the Senator years leading up to the 9/11 attacks. To Mr. FRIST. I suggest the absence of a to modify that. The occupant of the the best of our ability, we have pro- quorum. Chair has asked for 5 minutes. That duced legislation that, with the vision- The PRESIDENT pro tempore. The could entirely wipe out the amount of ary leadership from the President and clerk will call the roll. time I have allocated to me. his Cabinet, will serve to make Amer- The legislative clerk proceeded to Mr. REID. It would not if it is done ica safer. call the roll. on a proportionate basis. Well, if the I can’t emphasize that last point Mr. FRIST. Mr. President, I ask vote does not occur until 7 o’clock, I enough. Today we are safer than we unanimous consent that the order for don’t really care. I will withdraw that were before 9/11, but we are not yet the quorum call be rescinded. request and we will let things fall safe. Active and engaged Americans The PRESIDENT pro tempore. With- where they may. around the world and here at home are out objection, it is so ordered. Mr. FRIST. Mr. President, for clari- our first and our best line of defense Mr. FRIST. Mr. President, in a dis- fication, this is a plea to our colleagues against a philosophy that seeks and is cussion with the Democratic leader- to be here and be speaking on the floor committed to doing us harm. This leg- ship, we have come to an agreement of the Senate. We are trying to do an islation is an important tool in a war that gives us a pretty good template awful lot, so we can start the vote against terrorism, but it is not one- for the organization during the course around 3 o’clock. It will likely finish stop shopping for our country’s needs. of the day. This will be useful, and I around 5:15. In order to accomplish It should help in making sure that our will ask unanimous consent shortly to that, we cannot be sitting in quorum intelligence assets are deployed wisely, allocate time for the people who have calls. We need the people wishing to that information developed is shared come forward and said they would like speak to be here on time and to be broadly, that our strategy to fight this to speak prior to the vote. available. Check with the managers. war evolves effectively, and it will ac- As part of this, the managers will The PRESIDENT pro tempore. May complish those things. have time right before the vote—up to the Chair suggest that the time for The families who lost their parents, 30 minutes, but probably that much quorum calls be charged against the their children, their relatives, their time will not be used before the vote— next person in line to speak and put close friends on that tragic day in New to add closing statements. these speakers in order? York and Pennsylvania and Wash- I ask unanimous consent that debate Mr. FRIST. Mr. President, since we ington, all deserve our constant dedica- on the conference report be limited to have not talked to each individual, I tion in the Congress to buttress the the list below: don’t want them necessarily to have to war on terror. This conference report is Senator COLLINS will be controlling come in this order. I think we can our latest contribution, not our final 45 minutes; Senator LIEBERMAN, 45 leave it with the understanding that contribution, to that conflict. No one minutes; Senator BYRD, 120 minutes, to we need speakers here to work with the should have to suffer the horror and begin at 12:30 p.m.; Senator STEVENS, 5 floor managers and to have no down anguish of the 9/11 events again. minutes; Senator ROBERTS, 10 minutes; time over the course of the morning I will close by saying that when we Senator ROCKEFELLER, 10 minutes; Sen- and, if so, we are going to ask people to act later today, we will have acted on ator DURBIN, 15 minutes; Senator WAR- try to shorten their remarks.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11940 CONGRESSIONAL RECORD — SENATE December 8, 2004 Mr. REID. Parliamentary inquiry, leaders back in late July, we pledged to serves the support of the House and the Sen- Mr. President: If in fact we don’t lock work together and to recognize that ate. in a time for the vote, and Senators de- when it comes to matters of national But, Mr. President, perhaps the cide not to come and speak, we cannot security, there is no place for partisan- greatest debt of all is owed to the fami- have a vote until they finish their ship. We worked from the very begin- lies of the 9/11 victims. In their pro- time; is that right? ning to forge a bipartisan bill, and I am found loss, they found courage and de- The PRESIDENT pro tempore. I am very pleased that the conference agree- termination. Their knowledge has con- informed that if one Senator does not ment we bring before the Senate today tributed greatly to our debate, and appear, or does not use his or her allo- is a bipartisan agreement. I am con- their passion constantly reminded us of cated time, that will not delay the Sen- fident that later today it will receive a why we are here and what is at stake. ate from voting at the time specified. strong bipartisan vote. But it was Sen- They never let us give up. They refused Mr. REID. Well, so there is no confu- ator LIEBERMAN’s determination, his to let us fail. sion, it is my understanding this adds leadership, and his commitment to this I am grateful to Senator FRIST and up to about 3:45 this afternoon. cause that made it possible. It has been Senator DASCHLE for assigning our The PRESIDENT pro tempore. The a great pleasure to work with him, and committee this important task. They Chair is so warned by the Parliamen- I look forward to many future collabo- showed great confidence in us, and I tarian not to have a debate with the rations. am pleased we did not let them down. Senator, but the Senator is correct. I am also very proud of all of our col- Mr. REID. Mr. President, I ask unan- This legislation addresses the alarm- leagues on the Homeland Security and imous consent that the vote occur no ing flaws in our national intelligence Governmental Affairs Committee. later than 4 o’clock, and that it could structure that were so horribly and They worked so hard. From the very occur more quickly if the time is used painfully exposed on that black Sep- first hearing that we held in late July up. tember morning more than 3 years ago. The PRESIDENT pro tempore. Is to the completion of the conference It does what nearly a half century of there objection to the leader’s request agreement over the weekend, they were studies and legislation calling for inas modified? there every step of the way. No leaders telligence reform failed to do. It is leg- Mr. SPECTER. Mr. President, for of a conference could ever have had islation whose time has finally come. clarification, I will follow Senator LIE- more devoted and dedicated conferees The legislation implements the BERMAN for 20 minutes. So it is Senator than Senator LIEBERMAN and I had. major recommendations of the 9/11 COLLINS and Senator LIEBERMAN, and We were also fortunate to be blessed Commission. We are rebuilding a struc- then I am up for 20 minutes? with an outstanding staff. Both Sen- ture that was designed for a different The PRESIDENT pro tempore. The ator LIEBERMAN’s staff, and my staff, enemy in a different time, a structure Senator is correct. The Chair’s under- headed by Michael Bopp, have worked that was designed for the Cold War and standing is that this becomes the order countless hours over the last 41⁄2 has not proved agile enough to deal for Senators to speak. months. They sacrificed family vaca- with the threats of the 21st century. Mr. FRIST. No, Mr. President. We tions, and they have sacrificed a great We have transformed that structure have no specific order. The unanimous deal of sleep. They have been here into one with the agility needed to re- consent request was granted that Sen- night and day working because they so spond to international terrorism, rogue ator SPECTER follow Senator LIEBER- believed in this legislation. We could states, the proliferation of weapons of MAN, and that is the only specific re- not have done it without them. mass destruction, and the other chal- quest. The order, otherwise, has not On the House side, I want to thank lenges and threats of the 21st century. been determined. Senator COLLINS will Speaker HASTERT. His chief of staff de- The legislation reforms the intel- speak, then Senator LIEBERMAN and voted hundreds of hours to assisting in ligence community and it gives us the Senator SPECTER. these negotiations. Congressman PETE tools to respond to threats of which we Mr. REID. Reserving the right to ob- HOEKSTRA and Representative JANE may not even be aware at this point. ject, Senator DURBIN would like to HARMAN led the conferees on the House It is fitting that this legislation speak after Senator SPECTER. side. They did outstanding work. They comes to a final vote during the week The PRESIDENT pro tempore. Is were absolutely committed to the prin- when we pause to remember the events there objection? Without objection, the ciple of crafting legislation that would of December 7, 1941. Just as the Na- modified request is agreed to. make America safer and more secure. tional Security Act of 1947 was passed The PRESIDING OFFICER (Mr. GRA- Throughout this process, President to prevent another Pearl Harbor, the HAM of South Carolina). The Senator Bush has provided outstanding leader- Intelligence Reform Act will help us from Maine. ship. I would say that without the help Ms. COLLINS. Mr. President, in New prevent another 9/11. of the President of the United States I am not saying that this legislation England, we have an old expression: and his Vice President, we would not The difficult we do immediately; the will prevent future terrorist attacks, be here today. Their intervention at but it will increase the capabilities of impossible takes us a little longer. critical points throughout the debate The Intelligence Reform and Ter- the intelligence community and help was absolutely essential in helping us us improve the opportunity to better rorism Prevention Act of 2004 before us to forge the compromises that were today at times seemed to be an impos- detect, prevent, and, if necessary, re- necessary to move this bill along. spond to attacks on our country. sible goal. So it took us a little bit We all owe a great debt to the mem- The four primary components of this longer. It has been a long and arduous bers and the staff of the 9/11 Commis- legislation are the creation of a direc- journey to reach this point today, but sion. I have worked very closely with tor of national intelligence, the estab- the extraordinary perseverance of the the chairman and vice chairman, Gov. lishment of a national counterterror- 9/11 Commission, the families of the Tom Kean and former Representative ism center, the creation of a civil lib- victims of the attacks on our country, Lee Hamilton. The work they did, their erties board, and strong information- the conferees, our talented staff, our leadership, their investigations, their sharing provisions. There are also leaders, and, most of all, the President interviews of 1,200 people in 10 coun- many other provisions in this bill that of the United States brought us to this tries provided a solid foundation for improve border security, that improve point today. the recommendations they made and transportation security, that set a new We would not be at this historic mo- for the reforms included in this bill. direction in our foreign policy. ment without the informed, strong, I am very pleased that we have their This is a comprehensive approach and bipartisan leadership of my good endorsement. They said: friend, the Senator from Connecticut, that embodies many—indeed, most—of We believe this is a good bill and a strong the recommendations of the 9/11 Com- Mr. LIEBERMAN. I am deeply grateful to bill. We believe it will make our country him for his leadership and for working safer and more secure. We also believe that mission. in partnership with me. the essential elements of the Commission’s The new director of national intel- When Senator LIEBERMAN and I were recommendations remain intact. We are of ligence will be a strong position with first assigned this task by our Senate the firm view what this conference report de- clear and effective authority to build

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11941 and execute the intelligence budget. help improve the reliability and the and winding road we walked down, but The DNI will be a dramatic improve- quality of intelligence provided to our we ended up where we needed to be and ment over the structure we have today. troops. where the Nation needed us to be, and For the first time, we will have, in the Another important provision of this it simply could not have happened words of Secretary of State Colin Pow- bill would implement the recommenda- without SUSAN COLLINS’ leadership. ell, an empowered quarterback for our tions of the 9/11 Commission by cre- She has an extraordinary sense of pur- intelligence team. ating a civil liberties board. As we in- pose and principle. She understands the To illustrate why this is important, crease the power of Government to deal difference between right and wrong why these authorities are crucial, let with the threat of terrorism, we must and, in a legislative context, perhaps, us consider a passage from the 9/11 be mindful to preserve those freedoms the difference between better and Commission Report. In late 1998, it had that define us as Americans. We would worse because that is often where we become apparent to CIA Director be handing the terrorists a victory if are. She is a persistent and very effec- George Tenet that al-Qaida was a grow- we were to compromise the civil lib- tive negotiator, knows when to hold ing and deadly threat to the people of erties Americans cherish. This board them and when to fold them. this country, so on December 4 of that will help make sure we strike the right She is a wonderful person—I think year, he issued a memorandum that balance. maybe I should be that explicit—and said the following: Finally, other key provisions of this that doesn’t hurt around here, either, We are at war. I want no resources or peo- bill, for which Senator DURBIN deserves because it gains the confidence of the ple spared in this effort, either inside CIA or great credit, are provisions that will people who work with her. Part of her the Community. improve the sharing of information being a great person is her great sense Now, that is a pretty clear, concise, across our intelligence agencies and of humor which got us through some of direct order from the head of the intel- throughout the Federal Government. our darker moments. ligence community. We know from the extensive review of I was thinking one of the great mo- According to the Commission, the the 9/11 Commission that various agen- ments in the process was when we de- memorandum had virtually no impact. cies throughout our Government had cided, late in the process, that the One reason it had so little overall ef- pieces of the puzzle that had it been as- original title we gave to the central po- fect on mobilizing the resources of the sembled might have allowed them to sition we created, the National Intel- intelligence community is that the Di- prevent the attacks on our country on ligence Director, would have the acro- rector of the CIA, beyond the direct 9/11. We need to make sure we have a nym NID. It doesn’t resonate the control of the CIA, has very little au- culture in our Government of assem- strength that we wanted. Some mem- thority over the funding, the people, bling the pieces of that puzzle, of shar- ber of our conference with an inferior and the other resources in the intel- ing information. I believe the Counter- sense of humor said it would lead to a ligence community. This legislation terrorism Center, the information- lot of ‘‘NIDpicking.’’ A lot of laughter will ensure that in the future, when sharing provisions, and having a DNI led to the change of the title to the Di- such a clear, concise order is issued, it will all improve and remedy that prob- rector of National Intelligence, the will mobilize and galvanize the re- lem. DNI. You can feel the force radiating. sources we can bring to bear. The 9/11 Commission has told us re- We laughed a lot about that and about The second important key compo- peatedly of the valiant and talented a lot of other things. nent in this bill is the creation of the men and women we have in our intel- It is a familiar saying in public serv- National Counterterrorism Center. ligence agencies, and I salute their ice and life, and certainly in cam- This will build on the good work al- good work. I believe today that we will paigns, that victory has a thousand ready being done by the Terrorist be giving them the tools they need to parents and defeat is an orphan. This is Threat Integration Center created by be more effective. This legislation pro- a victory for the American people. the President through an Executive vides those good people with a good Many people have a right, here in the order. The NCTC will help demolish the structure. Senate, on the 9/11 Commission, the information stovepipes that the 9/11 Time, commitment, and perseverance families of the 9/11 victims, the Presi- Commission found and it will replace have brought us this far. I urge my col- dent of the United States, the Vice them, it will turn them into conduits leagues to join us in completing the President of the United States—so for information sharing across the in- journey by giving this landmark legis- many people can say, and we might telligence community. The NCTC will lation an overwhelming vote later this say: Without their involvement this also conduct strategic operational afternoon. This legislation will imple- would not have happened. But nobody, planning to coordinate the agencies ment the most sweeping significant re- really, can say that more or feel that that are planning our response to al- forms of our intelligence community in more than Senator SUSAN COLLINS of Qaida and the other threats to our na- more than 50 years. The reforms are Maine. I thank her very much for her tional security. long overdue, and they will help to friendship, for her partnership, for her Throughout the debate on this bill, make our Nation more secure. leadership here, and I, too, look for- in addition to improving the ability of I reserve the remainder of my time. ward to working with you in many the intelligence agencies to cooperate The PRESIDING OFFICER. The Sen- similar collaborations in the years and coordinate their efforts, we have ator from Connecticut. ahead. also been mindful of our troops fight- Mr. LIEBERMAN. Mr. President, I Before I get to the substance of the ing on the front lines in the war rise to join with Chairman COLLINS in bill, I do want to say something about against terrorism in Afghanistan and recommending the adoption of this the process here. As we end the 108th Iraq. Both Senator LIEBERMAN and I conference report on the Intelligence session of Congress, unfortunately a are privileged to serve on the Senate Reform and Terrorism Prevention Act session that was very often polarized Armed Services Committee. I contend of 2004 which, of course, implements and partisan, it is really great—besides that our current system has not always the key recommendations made by the the specifics of this accomplishment served our troops well. It did not pre- 9/11 Commission Report. that is so critical to our national secu- dict the insurgency that has cost us so I begin by thanking Senator COLLINS rity—that we have ended it with a bi- many lives in Iraq. We owe it to our for her extraordinary leadership in this partisan, nonpartisan triumph. It troops on the battlefields, as well as to effort. In the 16 years I have been ought to send a message to the Amer- our civilians at home, to improve the here—and it is self-evident to the Pre- ican people, and perhaps just as impor- quality of intelligence they receive, siding Officer and others that I am tant to us here, that we are capable of and I believe, as does Secretary Powell, much the senior of Senator COLLINS—I doing this. When the chips are down, this bill will do just that. have never had a better legislative ex- we are capable of getting together I emphasize that nothing in this bill perience. across party lines and doing what is in any way hinders or impairs military This task came to us quickly. There right for the country. That, ulti- operations or readiness. To the con- was an enormous amount of work to mately, is why we all came here. That trary, I believe this legislation will do. As I said yesterday, it was a long gives us the greatest satisfaction and,

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11942 CONGRESSIONAL RECORD — SENATE December 8, 2004 incidentally, it is probably the smart- antee greater returns for the billions Under our current intelligence struc- est and most productive thing we can and billions of dollars of taxpayer ture, the CIA Director has to perform do politically as well. money that are invested in intelligence three jobs: acting as the President’s This simply would not have happened to protect the American people. principal intelligence adviser, over- in the Senate without the chairman of The 9/11 Commission supports our seeing the intelligence community as a the committee on Homeland Security compromise. Chairman Kean and Vice whole, and directing the CIA. The 9/11 and Governmental Affairs, and ulti- Chairman Hamilton said in a state- Commission reported what many had mately the chairman of the conference, ment: said before: The tasks are simply too Senator COLLINS, setting exactly that We believe this is a good bill and a strong much to expect of any one person. tone. I thank PETER HOEKSTRA on the bill. We believe it will make our country So we have created a Presidentially safer and more secure. House side, JANE HARMAN, and all the appointed, Senate-confirmed Director members of the conference committee They support this compromise be- of National Intelligence, who will lead for all they contributed. cause it implements the Commission’s the national intelligence community This legislation is a testament to the key recommendations to establish that but be separate from the Director of courage and persistence of the families DNI and a National Counterterrorism the CIA. The DNI will be the Presi- of the victims of September 11. Their Center that will improve coordination dent’s principal intelligence adviser personal sacrifices, transformed into a and collaboration, as the Commission and will focus exclusively on breaking steadfast devotion to see this bill to puts it, ‘‘to forge unity of effort’’ be- down those barriers that have ob- passage, will help make the rest of tween the 15 intelligence agencies scat- structed information sharing and pro- America safer. This bill was conceived tered throughout the Government, and fessional collaboration in the public in- in the memory of their husbands and to ensure that, unlike up until now, terest. With the CIA Director in charge wives, their sons and daughters, their someone is genuinely in charge. of daily CIA operations, the DNI will be I said to a business executive in my mothers and fathers and brothers and able to forge that unity of effort which home State this morning, talking sisters, and simply would not have we need to better protect the American about this bill, explaining why I been possible without the constancy of people. couldn’t be with him today at a meet- The DNI will exercise significant effort and the increasingly sophisti- ing in Connecticut, that if anybody in budget authority over the intelligence cated advocacy by the surviving family business really got inside and looked at community both in the development members. I thank them. how we are spending the billions of dol- We have worked hard for this historic and the execution of the budget, and he lars we do on intelligence, they—well, or she will consult closely with the agreement because we believe, quite they wouldn’t believe it because no one simply, that the security of our Nation Secretary of Defense, the Director of is in charge. the CIA, the head of the FBI, and other depends on it. There were various The Commission indicted the status times at which people in this Chamber intelligence leaders on both funding quo of America’s intelligence commu- and personnel issues. and the other body said we were mov- nity. The 9/11 Commission report is an The DNI will have unprecedented au- ing too quickly; what was the cause for indictment of the status quo. Those thority in the implementation and exe- haste? I can tell you it didn’t seem we who pick and try to look for loopholes cution of all funding under our na- were moving too quickly to Senator in this reform have to remember that tional intelligence program. COLLINS and me. But what was the the status quo failed to protect the Our bill makes clear that the DNI cause for our haste? Our enemies, our American people on 9/11 and it has will have the power to ‘‘develop and de- terrorist enemies, al-Qaida and their failed in different ways to provide us termine’’ the intelligence budget and ilk, are not waiting, as we know. They with the quality, accuracy and reli- that the Director of the Office of Man- are here. They are planning. We are at ability of intelligence that we need. agement and Budget must apportion peril. Accordingly, we approached this Vice Chairman Hamilton memorably the national intelligence program task with a real sense of urgency, a told our committee in our hearings on funds at the ‘‘exclusive direction’’ of grave and growing sense of urgency be- this Commission report: the DNI. The DNI is further responsible cause we know we face a clear and A critical theme that emerged throughout for managing the appropriations by present danger from terrorists. our inquiry was the difficulty of answering ‘‘directing the allotment and alloca- The bill before us today is a land- the question: Who’s in charge? Who ensures that agencies pool resources, avoid duplica- tion’’ of appropriations through the mark achievement because, as others heads of Departments containing the have said and will say throughout the tion and plan jointly? Who oversees the massive integration and unity of effort to keep elements of the intelligence commu- day, for the first time in over half a America safe? Too often [the 9/11 Commis- nity. Just to make sure there is no century we are going to modernize our sion said] the answer is no one. slow-walking in moving those funds national intelligence structure to meet The fact is, below the level of the forward, the Department comptrollers the new challenges we face in today’s President no one has been in charge of must then allot, allocate, reprogram, world. With this bill, we recognize we overseeing the entire intelligence com- or transfer funds—in the words of the can no longer keep the American peo- munity and its multibillion-dollar report—‘‘in an expeditious manner.’’ ple safe simply by projecting military budget. Today, as testimony before our The DNI will have a major hand in force abroad. The world has changed. committee validated, no one is clearly the appointment of key officials across Our terrorist enemies today make no in charge of the hunt for Osama bin the intelligence community, thus ele- distinction between soldiers and civil- Laden. No one has had the authority to vating the authority of that position. ians, between foreign and domestic lo- knit together the efforts of the 15 dis- He or she will recommend appointment cations when they attack us. To defeat parate agencies working on intel- of the Director of the Central Intel- them, we must have the best possible ligence for the American people, and, ligence Agency to the President. The intelligence about their plans before therefore, no one has ultimately been Secretary of Defense will have to ob- they strike so we can stop them before accountable for the deadly mistakes tain the DNI’s concurrence in appoint- they strike. that have been made. ing the heads of the National Security This legislation moves us toward This legislation changes all of that, Agency, the National Reconnaissance that goal significantly by transforming putting a clear command structure in Office, and the National Geospatial-In- our intelligence community from a place so that in the future the puzzle telligence Agency. The Secretary will Cold-War model—and after all, it was pieces will be put together, the dots consult with the DNI before appointing at the outset of the Cold War that the will be connected, and so, I hope, pray, the Director of the Defense Intel- current structure was conceived—a and believe, we will never have to suf- ligence Agency. The Secretaries of the Cold-War model that shared informa- fer through another attack like the one Departments of Energy, Homeland Se- tion only if there was a need to know, we did suffer through, and still do, on curity, Treasury, State, and the Attor- to a 21st-century model that will share September 11, 2001. ney General will need the concurrence information to maximize the intel- I wish to briefly discuss some of the of the DNI to appoint the heads of in- ligence community’s substantial re- key provisions, starting with intel- telligence agencies under their imme- sources and expertise and, yes, guar- ligence reform. diate jurisdiction and under the DNI’s

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11943 overall jurisdiction. That is real au- This legislation takes that direction travel into the United States. This was thority in this new office. from the Commission to heart and re- a topic about which much was said and The DNI will also have significantly quires the President to establish a net- debated in the conference, and before, expanded authority to transfer per- work of technologies and policies that during, and after House adoption of sonnel and funds beyond those of the will resolve conflicts between the need this conference report yesterday. I current DCI so that he or she may to share and the need to protect guess the conferees, in their wisdom, react quickly to changing threats and sources and methods. It will create and decided some of the immigration re- direct intelligence resources where allow us to use the best technology to form in the House bill would have they are needed. make sure we are sharing and culling weighted the bill down and inhibited or In addition to creating the DNI, this and filtering and applying the vast prohibited its passage. It is urgently conference report will create—as rec- amount of data we get from our intel- needed and we cannot afford to do that. ommended by the Commission—the Na- ligence networks most effectively. We will get to that next year. tional Counterterrorism Center and a Beyond intelligence reform, this bill Make no mistake, this conference re- series of National Intelligence Centers contains much more. In fact, the 9/11 port contains some tough antiterrorist to ensure that critical national secu- Commission made 41 recommendations law enforcement measures, and some rity issues are addressed with max- to protect our Nation from terrorism. tough immigration enforcement meas- imum coordination and teamwork. In August, Senator MCCAIN and I draft- ure. It specifically implements the 9/11 This may well be the most signifi- ed legislation to address them all. I am Commission Report recommendation cant process we have begun with this pleased and proud to say I am grateful for the Federal Government to estab- bill, the authority of DNI, but creating for the conferees, to the Senate, and to lish minimum standards for birth cer- a model, and a model built on the most the House that most of those initia- tificates, driver’s licenses, and personal effective, modern corporate models of tives have become part of this con- identification cards. Those provisions joint team efforts to deal with prob- ference report. will help decrease fraud so terrorists lems. But it really deals directly and For example, the 9/11 Commission ob- are not able to hide their identity. grows out of the experience of the Pen- served that many of the actions nec- They will not deprive the States of the tagon post-Goldwater-Nichols, in joint essary to protect us in the war against right that States understandably want, warfare. terror also involves a consolidation of to determine, not the form of the driv- This says when we have a critical na- governmental authority and the in- er’s license, but who is eligible to re- tional security problem the best way to creased presence of government in our ceive a driver’s license within their deal with it will be to create a center lives to protect us. In response, the States. to deal with it, a table at which every Commission called for ‘‘an enhanced Other measures in this conference re- element of our Government involved in system of checks and balances’’ to pro- port will go far to tighten border secu- dealing with that problem is present so tect the civil liberties that define us as rity. It will increase the number of bor- they can collect intelligence together, Americans. In fact, this conference re- der guards, immigration officers, and analyze it together, and then plan how port creates a Privacy and Civil Lib- detention beds for those who are being to combat the problem. erties Oversight Board. held for legal action and other action Specifically created in this bill, of The Board will have two functions. to determine their immigration status course, is the National Counterterror- First, to advise the President and Fed- and whether they should be deported. ism Center which will seek to make en- eral agencies at the front end of policy- No longer will we have a case, as in the sure the disastrous disconnect between making and, second, to conduct over- the FBI and the CIA that occurred sight at the back end, investigating past, where a challenge is made to prior to 9/11 will never occur again. It and reviewing Government actions to someone’s immigration status but they will develop plans, assign roles, and determine whether executive branch are allowed to wander and disappear monitor the agencies’ implementation officials are appropriately respecting into the vastness of America. There of those plans in order to thwart the the individual freedoms of the Amer- will be thousands of new beds created, next terror attack. ican people. detention facilities, to hold those peo- This is not a narrowly focused, con- The 9/11 Commission also recognized ple while their cases are being restricted center. The Center’s planning the futility of combating terrorism viewed. will be at the strategic level such as only by military means. Of course, we We added a provision allowing the how do we best win the ‘‘hearts and have been, and will continue, doing our Government to deport anyone who has minds’’ of the great majority of people best to capture and kill all the terror- received military training from a ter- in the Muslim world. It will be at the ists we can as soon as possible. But we rorist organization. The Government tactical level—for instance, how we are understand that ultimately what is re- will also be able to obtain a Foreign In- going to capture Osama bin Laden. quired to stop the growth of terrorism telligence Surveillance Act warrant for The National Counterterrorism Cen- are initiatives of foreign policy, diplo- anyone engaging in terrorist activities ter Director will be confirmed by the macy, economics, and of politics. even if they are not clearly connected Senate and it will report to the Direc- Our legislation—this conference re- to a specific terrorist organization. tor of National Intelligence, and in port—includes many of the provisions That is common sense, but it is not in some cases to the President himself. recommended by the Commission the law now. Let me talk about those other cen- which will do just that, including in- To better safeguard the Nation’s ters. creased American foreign assistance to transportation networks, this legisla- This bill creates one other center to Afghanistan and a renewed U.S. com- tion also requires the Department of deal with a most pressing threat to our mitment to Pakistan. It provides ena- Homeland Security to produce a na- security; that is, the proliferation of bling authorities to help us win ‘‘the tional transportation strategy that weapons of mass destruction. This part struggle of ideas’’ through the greater evaluates the risks faced by all modes of the bill was inserted as a result of funding and use of much more imagina- of transportation, not just aviation, the leadership of the majority leader, tion in American broadcasts to the Is- and sets some clear priorities and dead- Senator FRIST. It is an enormous step lamic world. It calls for broadening and lines for security needs. forward in dealing with the threat of growth of scholarships and exchange We also have included measures to WMD. programs between the United States help first responders, the hundreds of These are the central structures of and the Muslim world, with students thousands of men and women, largely the intelligence reform, but our legis- and faculty going back and forth. in uniform, some out, at the local and lation goes beyond that. The 9/11 Com- The bill also takes aggressive meas- State levels. We want to help them ob- mission documented that, in a period ures to prevent attacks, as well, by tar- tain interoperable communications preceding September 11, 2001, poten- geting terrorist travel, improving equipment so in a crisis they can talk tially helpful information available to screening at entry and exit points, and with each other and work coopera- one part of the Government was not securing identification documents. tively. shared with others which could have Our legislation requires secure iden- I have long believed if we are going used it. tification for travel documents for all to make sense of what happened on

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11944 CONGRESSIONAL RECORD — SENATE December 8, 2004 September 11 we need to look back Profeta, Fred Downey, Andrew immigrants’’ at the time they received their honestly with clear eyes and honest Weinshenk, and Donny Ray Williams, driver’s licenses. hearts. The 9/11 Commission’s extraor- Leslie Phillips, Bill Bonvillian and WHAT THE PENDING CONFERENCE REPORT (FOL- dinary work enabled us to do just that. Laurie Rubenstein. I could go on and LOWING THE COMMISSION’S RECOMMENDA- Its 587-page report did not close the on. Many other staffers of other Sen- TIONS) WOULD REQUIRE book on September 11. It will never be ators contributed much to this bill and The establishment of new standards to enclosed. The legislation does not close I thank them. I would especially like sure the integrity of the three basic documents Americans use to establish their iden- the book on September 11. It will live to thank Marianne Upton and Joe tity-birth certificates; State-issued driver’s alongside December 7 as a day that will Zogby from Senator DURBIN’s staff. licenses and i.d. cards; and social security live in infamy throughout American And I particularly express my personal cards. history and America’s future. appreciation, in this and so many part- New standards to ensure that the applicant The work on this conference report nerships we have been involved in, to for the identity document is actually the and its adoption today will open a new Senator JOHN MCCAIN of Arizona, and person the applicant claims to be; and im- chapter for a safer America. Chairman to his staff. We worked in close part- provements to the physical security of the document. Kean has said: nership to craft the legislation imple- States would receive grants to assist them Our biggest weapon of defense is our intel- menting the 9/11 Commission rec- in implementing the new standards. ligence system. If that doesn’t work, our ommendations. Many provisions were WHAT H.R. 10 REQUIRES chances of being attacked are so much great- adopted in the Senate and are integral H.R. 10 requires that before issuing a driver. So our major recommendation is to fix parts of the conference report. I thank er’s license a State would need to verify that that intelligence system and do it as fast as them all. each applicant: possible. I come back to the beginning to par- Is a citizen of the United States; That is exactly what this historic ticularly thank my colleague and Is an alien lawfully admitted to permanent residence status in the U.S.; legislation does. friend, our chairman, Senator SUSAN Has conditional permanent residence sta- In this Congress, this President ful- COLLINS of Maine. fills our constitutional duty to provide tus in the U.S.; I ask unanimous consent to have Has a valid, unexpired nonimmigrant visa for the common defense of our Nation. printed in the RECORD two documents or nonimmigrant visa status for entry into I said before that many can claim to be from the 9/11 Public Discourse Project the U.S.; or parents of this victory. Members of regarding driver’s licenses and military Has a pending application for adjustment both parties in Congress, leaders of chain of command. of status to that of an alien lawfully admit- both parties, bipartisan leadership in There being no objection, the mate- ted for permanent residence in the U.S. (There are additional requirements but these this Chamber certainly stood by Sen- rial was ordered to be printed in the ator COLLINS and me all the way. This are the key ones). RECORD, as follows: Only citizens and permanent residents simply would not have happened with- FACT SHEET: DRIVER’S LICENSES, 9/11, AND could receive driver’s licenses; all others out the support of the President of the INTELLIGENCE REFORM with documentation would have temporary United States, the Vice President of WHAT HAPPENED IN THE 9/11 PLOT driver’s licenses issued for the length of visa the United States, and their staffs, The hijackers obtained 13 driver’s licenses stay or not more than one year if there is no working hard and long to do something (two of which were duplicates) and 21 USA or definite end to the period of authorized stay. that institutions and government do State-issued identification cards (usually Undocumented aliens could not receive li- not do easily, which is to change. If it used for showing residence in the U.S. or a censes. was easy, the 20-some-odd attempts State). OBSERVATIONS made in the last half century to reform The driver’s licenses themselves were all It is important to have national standards our intelligence system would have legal, that is, they were not forged. But they on driver’s licenses, passports and other worked, would have succeeded. They were not all legally obtained. Seven hijack- identification documents. ers used fraudulent means (false statements There is no doubt hijackers used State- did not. of residency) to acquire legitimate identi- issued documents to get through a lot of This is about to succeed because of fications in Virginia. checkpoints. For this reason, we believe Fed- the effort that has been made across Their fraud in obtaining driver’s licenses eral minimum standards for such State- party lines in the national interests by did not arise from them being undocumented issued documents are important. everyone from the President of the aliens. All the hijackers entered the United Whether illegal aliens should be able to get United States to every single Member States with proper immigration documents, driver’s licenses is a valid question for de- but several had committed fraudulent acts bate. of Congress who worked hard on this The debate over this issue ought not to measure. to get them. One hijacker who obtained a driver’s li- hang up the hundreds of provisions in the Maybe I should add another thank cense when he was in status was out of sta- conference report that would strengthen in- you. Maybe I should go from the Presi- tus on 9/11. Another hijacker whose docu- telligence, improve information sharing, dent to our staffs. Senator COLLINS has ments clearly showed that he was out of sta- strengthen transportation and border secu- said the legions of staff members on tus and had overstayed his 30-day visitor’s rity, improve American foreign policy, and both sides of the aisle and both sides of visa did not seek or obtain a driver’s license. support first responders. the Capitol put their lives on hold and He used his passport to prove identification We would also note that if the hijackers and board the aircraft. presented visa documentation that appeared worked through nights and weekends valid to DMV officials (as they apparently for the cause of a safer America. I par- Based on what we learned in the 9/11 story, we recommended stronger immigration en- did), they would still have been issued tem- ticularly thank Kevin Landy on my forcement to catch terrorists who were ex- porary driver’s licenses for the duration of staff, whose work started with the leg- ploiting weaknesses in America’s border se- their visa, under the provisions in the House islation to create the 9/11 Commis- curity. We recommended greater attention bill. sion—that was a story in itself—and to terrorist travel tactics and information who has been single minded in his de- sharing about such travel. FACT SHEET: THE CONFERENCE REPORT AND INTELLIGENCE SUPPORT FOR MILITARY OPER- votion to crafting this legislation in a We also recommended strong Federal ATIONS way that was real and excellent. I also standards for the issuance of birth certificates and other sources of identification, 1. THE PROPOSED REFORMS DO NOT CHANGE THE single out the work of Majority Staff such as driver’s licenses, to avoid the iden- CHAIN OF COMMAND FOR CONTROL OF NA- Director Michael Bopp, and all of his tity fraud that terrorists can exploit. TIONAL INTELLIGENCE ASSETS team. Michael has terrific legislative We did not make any recommendations to The warfighter today can call upon real- skills and leadership abilities and has State governments about which individuals time intelligence support from the military served the conference and the country should or should not be issued a driver’s li- services (like the Air Force), from his joint extraordinarily well. On my staff I also cense. forces command (like CENTCOM), and from thank my staff director Joyce Specifically, we did not make any rec- national agencies (like the signals intel- Rechtschaffen, and Dave Barton, Mike ommendation about licenses for undocu- ligence analyzed by NSA). mented aliens. That issue did not arise in The bill does not affect support relation- Alexander, Raj De, Christine Healey, our investigation, as all hijackers entered ships between combat units and military Holly Idelson, Beth Grossman, Larry the United States with documentation (often services (like the Air Force). Novey, Jason Yanussi, Kathy Seddon, fraudulent) that appeared lawful to immigra- The bill does not affect support relation- Dave Berick, Mary Beth Schultz, Tim tion inspectors. They were therefore ‘‘legal ships between combat units and the joint

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11945 forces command to which they are assigned the appropriations for joint military intel- addressed as the conferees proceed to a final (like CENTCOM). It would not affect ligence or for tactical intelligence and re- bill. In this regard the budgets of the combat CENTCOM’s management of the assets as- lated activities, the proposed DNI partici- support agencies should come up from the signed to that command. So, for example, pates with the Secretary of Defense in devel- agencies through the Secretary of Defense to the bill would have no effect at all on the oping the final budget for them. For these the National Intelligence Director, ensuring support relationship between the soldier in combat support agencies the authority of the that required warfighting capabilities are ac- the field and a JSTARS aircraft or Predator Secretary of Defense remains exactly as it is commodated and rationalized and ensuring UAV assigned to CENTCOM’s intelligence now. that the Secretary meets his obligations. component, its J–2. If the combat support agencies are also na- For appropriations, it is likewise important Assets, like satellites, that are run by national intelligence agencies (which is the that the appropriations are passed from the tional agencies are managed for the benefit case for the National Security Agency, the National Intelligence Director through the of the whole US government. That is why National Geospatial Intelligence Agency, Department to the combat support agencies. these are called ‘‘national’’ agencies. The and the National Reconnaissance Office), the It is my understanding that the House bill chain of command for operational decisions proposed DNI would develop and determine maintains this vital flow through the Sec- about those assets therefore goes outside of the national intelligence program budget retary of Defense to the combat support DOD under the status quo. ‘‘based on budget proposals provided . . . by agencies. It is my recommendation that this Under President Bush’s executive order the heads of agencies and organizations critical provision be preserved in the con- (August 2004), DCI Goss has the duty to set within the intelligence community and the ference. The combat support agencies provide crit- the requirements and priorities for collec- heads of their respective departments and, as ical combat intelligence capabilities impor- tion by these agencies. The DCI also has the appropriate, after obtaining the advice of the tant to the day to day operations of our authority to ‘‘resolve conflicts in the Joint Intelligence Community Council.’’ armed forces, including, of course, combat tasking of national collection assets. . . .’’ Thus, in the conference report, the Sec- operations. Establishing the budget process Under the conference report these same au- retary of Defense has input into budget prep- in this manner would allow the combat sup- thorities simply move from the DCI to the aration for these national agencies both di- port agencies to continue their outstanding DNI, for ‘‘resolving conflicts in collection re- rectly and through his participation in the support to the warfighters, our on-going quirements and in the tasking of national proposed Joint Intelligence Community counterterrorism efforts, and the men and collection assets of the elements of the intel- Council. women of our nation’s armed forces serving ligence community.’’ 3. THE COMMISSION CONSIDERED DOD CONCERNS in harm’s way. At the operational level, the job of getting IN THE PREPARATION OF ITS RECOMMENDATIONS Sincerely, national assets in support of the warfighter Commissioners and Commission staff dis- RICHARD B. MYERS, is managed by the unified combatant com- cussed DOD concerns about intelligence reor- Chairman, Joint Chiefs of Staff. mands with the help of the Joint Staff’s J–2 ganization with Secretary Rumsfeld, Under and the J–2’s National Military Joint Intel- Mr. LIEBERMAN. I yield the floor. Secretary of Defense for Intelligence ligence Center. The PRESIDING OFFICER. The Sen- Cambone, Director of the National Security None of the current practices for the allo- ator from Maine. Agency General Hayden, the Director of the cation of national assets would change as the Ms. COLLINS. Mr. President, before National Geospatial Intelligence Agency focal point for national coordination moves the Senator from Pennsylvania is rec- General Clapper, and many others. General from the DCI to the DNI. ognized, I have a unanimous consent Hayden and General Clapper have spent their 2. THE SPECIFIC CONCERNS ARTICULATED BY JCS careers in providing military intelligence request. CHAIRMAN GENERAL MYERS IN HIS LETTER OF support for the warfighter. Mr. President, I ask unanimous con- OCTOBER 21ST WERE ADDRESSED IN THE CON- Commissioners and/or Commission staff sent Senator MCCAIN be allocated 5 FERENCE REPORT made three investigative visits to HQ Cen- minutes of my time at some point dur- General Myers’ letter of October 21st (at- tral Command and HQ Special Operations ing the debate today. tached) did not register any concerns about Command. They interviewed officers at HQ The PRESIDING OFFICER. Without the chain of command in operational intel- Northern Command and HQ Joint Special objection, it is so ordered. ligence support for the warfighter. Operations Command. They interviewed Ms. COLLINS. Mr. President, I will General Myers focused only on budget mat- users of intelligence in the field, in Afghani- be putting into the record a list of the ters, where he specifically requested that: stan and Pakistan. Senate conferees because each of them (a) ‘‘the budgets of the combat support 4. A BETTER STRUCTURE ENABLES BETTER contributed in extraordinary ways to agencies should come up from the agencies MANAGEMENT through the Secretary of Defense to the Na- this bill. I will be making comments tional Intelligence Director’’; and The Commission never took the view that about some of them and their par- (b) ‘‘it is likewise important that the ap- reorganization solves all problems. A better ticular contributions later in the de- propriations are passed from the National In- structure enables better management. bate today. telligence Director through the Department Numerous specific management reforms Mr. LIEBERMAN. I ask unanimous are needed, in areas such as human intel- to the combat support agencies.’’ consent that Senator CARPER of Dela- This latter point, on ‘‘this vital flow,’’ is ligence collection; common standards for information technology and network capabili- ware be given 5 minutes to speak at an the one—the only one—singled out for a appropriate time of the time allotted ‘‘recommendation that this critical provi- ties; more efficient use of available experts; improved language skills; standardized proc- to me. sion be preserved in the conference.’’ The PRESIDING OFFICER. Without It was. essing of raw intelligence; and better all- VVIn the conference report, the appropria- source analysis. objection, it is so ordered. tions do not go to the National Intelligence What we found is that these and other The Senator from Pennsylvania. Director. The appropriations for national in- management reforms falter in an unmanage- Mr. SPECTER. Mr. President, I begin telligence go through the heads of the rel- able intelligence community. A better struc- by congratulating the chairman, Sen- evant departments. ture makes it more likely that such urgent ator COLLINS, and the ranking member, With the help of OMB, the DNI can direct management reforms will succeed. Senator LIEBERMAN, for their extraor- allotment or allocation of these funds, but dinary leadership in the beginning of the flow of funds goes through the depart- APPENDIX: LETTER FROM GEN. RICHARD the legislative process which has cul- MYERS TO HASC CHAIRMAN HUNTER ment to (in DOD’s case) the combat support minated in where we are today and agencies: CHAIRMAN OF THE JOINT their steadfast determination in pur- ‘‘Department comptrollers or appropriate CHIEFS OF STAFF, budget execution officers shall allot, allo- Washington, DC, October 21, 2004. suit of this bill throughout many ardu- cate, reprogram, or transfer funds appro- Hon. DUNCAN HUNTER, ous months. priated for the National Intelligence Pro- Chairman, Armed Services Committee, House of Senator COLLINS and Senator LIEBER- gram in an expeditious manner.’’ Representatives, Washington, DC. MAN took up at the direction of the ma- Thus the conference report accepted the DEAR MR. CHAIRMAN: As we discussed dur- jority leader and the Democratic lead- recommendation of General Myers for how to ing our recent telephone conversation, I er in structuring hearings which began direct the flow of funds. know that you and the conferees are dis- at the end of July of this year imme- Even on the issue of budget preparation, cussing intelligence reform and the intel- diately after the Democratic National the conference report addressed the concern ligence budget process. This is a vitally im- Convention. They proceeded in August raised by General Myers. portant subject as we look at the effective- In the conference report, the budgets from ness of the intelligence provided by our com- in an unprecedented way where the the combat support agencies come up bat support agencies. It is my belief that the regular schedules were interrupted, a through the Secretary of Defense. If the responsibilities of the Secretary of Defense difficult thing to do in a campaign combat support agencies are not national infor the operation of these agencies, including year. They reconvened the Govern- telligence agencies and are covered under budget preparation and execution, should be mental Affairs Committee on which

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11946 CONGRESSIONAL RECORD — SENATE December 8, 2004 I served and the committee members ceived public attention, finally came to Immediately thereafter, Senator were advised of schedules—difficult to the attention of the key officials of the MCCAIN, Senator LIEBERMAN, Senator do in a campaign season when many FBI. BAYH, and I introduced a bill which Members are up for reelection—but the The Judiciary Committee held hear- tracked what the 9/11 Commission legislative objective was of paramount ings in June of 2002, and there was sur- wanted done. When the Governmental importance and the committee re- prise and consternation that the appro- Affairs Committee took up the issue, sponded and the committee pursued priate test under the Foreign Intel- with the hearings in July and August, the hearings and came up with the leg- ligence Surveillance Act had not been it seemed to me we needed a bill which islation. applied. Had that material been known gave a great deal more authority to the I believe what we have here is really and had we been able to pick up the National Intelligence Director than a battlefield victory over the Depart- trail of Zacarias Moussaoui at an early where the committee was heading, and ment of Defense. The essential issue date, again the case was building that I introduced S. 2811, which gave the Na- has long been a turf struggle, and I 9/11 might well have been prevented, tional Intelligence Director authority. think we have taken a short step, but had these facts come to the attention I am not going to make that bill a part of the appropriate authorities and been a significant one, in the legislation of the RECORD. It has already been collated and put all under one um- which is presented in the conference re- made a part of the RECORD in prior deport today. brella. bates. I do not think we should overstate So the need was imperative for revi- The committee report did not give sion and reform of the national intel- where we have come, but I think, at the National Intelligence Director day- the same time, we need to recognize we ligence system. I had seen this need when I chaired by-day authority, which, as I say, I have stepped significantly forward, al- the Senate Intelligence Committee thought it should have. I offered an beit a single step, as a result of the in- back in the 104th Congress. At that amendment which had cosponsors, insistence of the President of the United time I introduced S. 1718, which con- cluding the former chairman of the States who deserves commendation for tained very material changes in the na- Senate Intelligence Committee, Sen- his leadership in the final stages of this tional intelligence community. I will ator SHELBY; the present chairman of matter to bring the legislation where it not put that legislation in the RECORD the Intelligence Committee, Senator is today. at this time. I have done so on prior de- ROBERTS; and many others who had Where we have had a good bit of dis- bates. But it was apparent at that time very extensive experience on the intel- cussion on the issue of chain of com- there needed to be a revision of the na- ligence structure for the country. I of- mand, I think realistically that has tional intelligence community. While fered that amendment on the floor, and been more smoke than substance. But, the Director of the Central Intelligence it was defeated by a vote of 78 to 19, so at any rate, the key participants in the Agency had paper authority, he did not that the National Intelligence Director House of Representatives were satisfied have budgetary authority or day-to- in the Senate legislation was not given so the bill did come to a vote in the day control sufficient to really put all day-to-day operation. House, and the Senate is ready to take of the intelligence operations under It was my thought then, and con- the matter up today. one umbrella. tinues to be my thought, that if we A great deal of credit is obviously Following 9/11, after the report from raised the bar a little higher, perhaps due to the families of the 9/11 victims Colleen Rowley came to light in June in the negotiations—as we know, as a in their insistence that the 9/11 Com- of 2002, the administration agreed there practical matter, in a House/Senate mission be formed. And then great should be a new Department of Home- conference there are compromises—we credit is due to the 9/11 Commission land Security. Senator LIEBERMAN and might have ended up with a stronger itself in structuring a report, which I introduced S. 1534, 30 days after 9/11, Director than we have at the present was filed in July, and then putting con- on October 11 of the year 2001. The time. In the course of the negotiations siderable pressure to have their report hearings were held and there was con- with the House, the budgetary control enacted. siderable debate, and the legislation was not maintained. I think, to repeat, the realities are languished and had a lot of opposition. So what we have today is a step for- that the final legislation is short of It finally came to the Senate floor in ward. But there is a great deal more, in where the 9/11 Commission would like the fall of 2002. Then, as what fre- my judgment, of which the National to have gone either with respect to quently happens, the House passed a Intelligence Director needs to have ef- budget control or with respect to day- bill and left town, leaving us with the fective control over in the national in- to-day operations, but in the tortuous option of either taking their bill in Oc- telligence community. But again, this process of making changes in the intel- tober of 2002, which was an election is a step forward, not a big step but a ligence community, the 9/11 Commis- year, or putting the matter over, which significant step, and it is something sion has been a catalyst here in a very would have gone to spring. upon which we can build. important way. At that time, Senator LIEBERMAN and It would be a colossal mistake to re- It became apparent, when 9/11 oc- I made an effort to give the new Sec- ject this bill with the thought of going curred, that had there been proper co- retary of Homeland Security authority back to the drawing board next year to ordination among the intelligence to direct—not to task or not to ask or begin again what we have accom- agencies that 9/11 might well have been not to request but to direct—the other plished, putting us on another plateau prevented. There was that FBI report intelligence agencies. It seemed to us from which we can work. out of Phoenix about the suspicious when you were creating a new Depart- We have in this legislation signifi- character who was interested in learn- ment that this was the time to make cant improvements on transportation ing how to fly a plane, not concerned some fundamental changes in the na- security, on terrorist travel and effec- about takeoffs or landings. That FBI tional intelligence structure. But the tive screening, on border protection, report never got to the proper line in administration was opposed. immigration and visa matters, on ter- FBI headquarters in Washington. I talked to Secretary Ridge, Vice rorism prevention. We do have those Then, the CIA knew about the two al- President CHENEY, and I talked to the areas of very significant improvement. Qaida operatives in Kuala Lumpur, but President, and there was opposition, as I believe that Congress is going to that information was never trans- concerns had been expressed to putting have a big job of oversight now, to see mitted to the Immigration and Natu- any agency or any instrumentality or precisely what is done by the new Na- ralization Service. It was not in the any unit between the CIA and the tional Intelligence Director. We have INS computers. Those al-Qaida President. It seemed to me—and I made changed our Senate procedures to operatives got into the United States this argument—that would not have make permanent the Intelligence Com- and were two of the pilots on 9/11. been the case. But we were unable to mittee so there will be some institu- Then there was the FBI report out of make that modification. That is where tional knowledge there without the Minneapolis with Special Agent Col- the status of the record lay, until the shift on 8-year terms. I served 8 years leen Rowley, who wrote a 13-page, sin- 9/11 Commission came into operation on the Intelligence Committee and had gle-spaced report which finally re- and filed its report in July of this year. an opportunity to chair the committee

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11947 in the 104th Congress. That continuity obtained with this legislation as a sig- improved watch lists for passenger will be very important. nificant starting point. prescreening, improved border secu- On the Appropriations Committee on Far from perfect, it nonetheless pro- rity, including an increase in full-time which I serve, we have structured a vides a valuable foundation for future border patrol agents and detention new intelligence subcommittee. In the legislation and puts us on the path to beds, an increase in criminal penalties line of seniority, I may have the oppor- meaningful intelligence reform. As for alien smuggling, and for those who tunity to chair that subcommittee. such, I believe it is preferable to act seek to use weapons of mass destruc- That is something I am thinking now on a finite number of matters that tion, an increase in the number of seri- about. I am reluctant to give up the can be accomplished immediately. Any ous criminal offenses designated as subcommittee on Labor, Health, attempt in the future to enact intel- ‘‘Federal crimes of terrorism,’’ im- Human Services, and Education, but ligence reform legislation from provements in financial crime enforce- when we move forward from this point scratch, especially reform of intel- ment and terror financing abatement, on the restructuring of the national in- ligence budget matters, will be subject authority to use our Foreign Intel- telligence community, this is a very to the bitter turf battles involving the ligence Surveillance Act powers significant period and is something to self-protection of entrenched bureau- against ‘‘lone wolf’ terrorists, author- which I am giving personal consider- cratic prerogatives that have charac- ization to share grand jury information ation. terized this and past efforts at reform. about terrorist threats with State and The creation of the new National And while the contentious issues of local officials, and development of a Counterterrorism Center is a signifi- State driver’s license standards and national strategy on terrorist travel cant step forward. That has been an refugee asylum must be addressed, it is and travel documents. outgrowth of the mistake recognized far better to do so in the context of Many crucial objectives were not by the intelligence community from hearings and additional input from in- achieved, however. The budget execu- 9/11. That had been in process, and this terested parties. But simply starting tion authority deemed essential for the legislation takes a very important step over in the next Congress will likely DNI to exercise genuine control over beyond what is in existence at the accomplish little, if anything. Passage the intelligence community has been present time, putting it into a statu- of this legislation—which includes a removed from the bill, so that the ap- tory form. I have conferred with the statutory requirement for the issuance propriation for the national intel- top officials of the FBI, and the Judici- of Presidential guidelines assuring that ligence program does not go directly to ary Committee has oversight over the the statutory responsibilities of the the DNI, and the DNI does not have au- FBI. This is something which requires heads of various departments of our thority to direct the allocation of very substantial oversight. government will not be abrogated—will funds to the various elements of the in- It is my hope, depending on how the provide a legislative base for Congress telligence community. Further, the top Judiciary Committee is structured to build upon, while preserving the req- line budget figure for the national in- next year, that this is something which uisite military chain of command. telligence program will be kept secret, the Judiciary Committee can accom- Valuable preliminary objectives have and thus intelligence spending will re- plish. But the Intelligence Committee been accomplished in this legislation, main unaccountable to the American and the Governmental Affairs Com- consistent with the recommendations people. The DNI is left with the power mittee and perhaps other relevant com- of the 9/11 Commission. This legislation to ‘‘develop and determine’’ the na- mittees, Armed Services Committee, creates a Presidential-appointed, Sen- tional intelligence program budget, will have a big job in not resting on our ate confirmed director of national in- which is effectively the same authority laurels on legislation which will be en- telligence, DNI, who, while not serving that the current DCI is given over the acted today. We ought not to take too as the head of CIA, will 1. oversee na- National Foreign Intelligence Program much solace in laurels, although tional intelligence and provide all- budget by executive order. Also, per- though it is justifiable to some extent. source analysis on specific subjects of sonnel and transfer authority has been But there is a great deal more which interest across the U.S. government, further diluted in this final legislation. needs to be done to see to it that there and plan intelligence operations for the Specifically, while the DNI can move is the kind of coordination and that we whole government on major problems intelligence community funds in their have made a successful attack on the such as counterterrorism; 2. manage year of execution, the heads of the in- cultures of concealment which are the national intelligence program and telligence community agencies will present in the intelligence community. oversee the agencies that contribute to have a right of refusal over any re- I have seen that culture of conceal- it; and 3. ‘‘manage and direct’’ the programming or transfer exceeding 5 ment from the work that I have done tasking of collection and analysis. The percent of their agency’s aggregate on the Judiciary Committee on over- legislation also will establish a na- budget, or exceeding $150 million, or insight for the past 24 years. I saw that tional counterterrorism center, with a volving the termination of an acquisi- culture of concealment in the Central Senate-confirmed director, for devel- tion program, e.g., satellite procure- Intelligence Agency in the 8 years I oping joint counterterrorism plans cov- ment. Personnel transfer is also tightly was on the Intelligence Committee. It ering key missions, objectives to be circumscribed and can be accomplished may be that what has happened with achieved, tasks to be performed, inter- only with the approval of the Office of the events of 9/11 and with the pressure agency coordination of operational ac- Management and Budget. of the 9/11 Commission, with the legis- tivities, and the assignment of roles Beyond budget and transfer author- lation on the Department of Homeland and responsibilities in the consolidated ity, the new DNI has not been granted Security, that the intelligence commu- counterterrorism mission. Also, under authority that approximates what I nity has been sensitized, perhaps even this bill the President must establish a consider to be the appropriate level of more than sensitized, perhaps more ac- national counterproliferation center operational control over the various curately stated, bludgeoned by con- which, as envisioned by the provision’s elements of the intelligence commu- gressional criticism and by public crit- sponsor, Majority Leader FRIST, imple- nity. The DNI also does not have, as icism over their failures to coordinate ments a key recommendation of my the 9/11 Commission recommended, intelligence activities which, had they 1999 Commission to Assess the Organi- ‘‘hire and fire’’ authority over senior been coordinated, 9/11 might have been zation of the Federal Government to intelligence community officials, but prevented. Combat the Proliferation of Weapons rather has the right of concurrence in In conclusion—the two most popular of Mass Destruction. And the legisla- the hiring of senior intelligence com- words in every speech—I urge my col- tion will enable the implementation of munity officials and the right to be leagues to adopt this legislation. I fur- other policy objectives that I have fa- consulted in the appointment of the ther urge my colleagues in both this vored such as expansion of the electro- head of DIA. Nor does the DNI control body, the Senate, and the House to be magnetic spectrum to enhance first re- information infrastructure standards. vigilant, to pursue oversight, to see to sponder interoperability, deployment I also believe that the failure to in- it that the ultimate objective of co- and use of explosives detection equip- clude a statutory inspector general ordination and centralized direction is ment at airport screening checkpoints, weakens the oversight of the new DNI

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11948 CONGRESSIONAL RECORD — SENATE December 8, 2004 and thus raises additional privacy and telligence Reform and Terrorism Pre- after week, month after month—many civil liberties concerns. vention Act of 2004. In about 250 writ- times appearing to disintegrate before Finally, the legislation sets up an inten pages, we will literally rewrite the our eyes. She never quit. She just kept adequate structure within which the laws governing the intelligence com- pushing forward. She did it not just DNI must operate. I had initially pro- munity of America. with a determination, but with such a posed that the DNI serve as the head of This is an historic moment. It is unique understanding of what was in an independent agency, or department, rare, if ever, that the Congress rises to this conference report. She would dis- and the final Senate bill arrived at a the occasion as it has with this legisla- miss critics in a moment if they mis- similar ‘‘National Intelligence Author- tion. It is rare, if ever, that we can find stated what was within the report. She ity’’ to house the office of the DNI and a bipartisan consensus on an item of knew it cover to cover. She was well the national counterterrorism center. such controversy. Yet we have prepared. Contrary to the concepts conceived in achieved it. The National Security In- Had Senator COLLINS been doing this the Senate, the NCTC and the DNI’s of- telligence Reform Act will make Amer- alone, she might not have achieved her ficers under this legislation will be ica safer. It will force our Government goal. Standing by her side throughout housed within the office of the DNI. In to modernize the way we collect and was Senator JOE LIEBERMAN of Con- other words, there is no power base use intelligence. necticut. Joe is my colleague in the from which the DNI can operate. He This legislation was born from the Senate, a good friend, and a great Sen- will have no ‘‘troops’’ other than those tragedy of 9/11 and the determination ator. I think what he did with SUSAN that filter through the NCTC and the of the victims’ families that their COLLINS was to demonstrate to Amer- office, and no actual authority with loved ones would not have died in vain. ica what Congress can do, that we can which to influence, direct, or control These courageous survivors are the rise to the occasion, that we can put intelligence community entities and reason this congressional effort could aside partisanship and have a genuine, personnel. not and did not fail. In their grief, honest discussion for the good of this These shortcomings must be ad- many people tend to withdraw, to say country. That dynamic duo of Senator dressed in future legislation if we are that they will mourn in private. These SUSAN COLLINS of Maine and Senator to have an intelligence apparatus that victims’ families, after a period of JOE LIEBERMAN of Connecticut, on our can be effective against 21st century mourning, decided to step forward and side of the Rotunda, were the guiding threats, while protecting constitu- to lead our country and our Govern- force. tional rights. ment toward a safer America. Their I want to say a word about Congress- It will not be easy, however, to over- dedication and their determination woman JANE HARMAN and Congressman come the ingrained bureaucratic ten- have resulted in this document. PETER HOEKSTRA who, on the other side dencies to protect turf and the status The bipartisan 9/11 Commission gave of the Rotunda, on the House Intel- quo. It has recently been reported that us an excellent blueprint, a sense of ur- ligence Committee, did an extraor- the Department of Defense fought ex- gency, and a constant reminder that dinary job as well. tremely hard during the conference we had to rise above our partisan dif- They would be the first to add that committee negotiations to further references. We all know about this re- they could not have achieved any of duce the powers that would be accorded port. It is so well known and so well this without extraordinary staff con- to the DNI. My experience in attempt- read. It was even nominated as one of tributions. On my own staff, I salute ing to enhance the budget and oper- the great literary works. That is rare Marianne Upton, who has put in more ational authority of the Director of for a Government publication, but it hours than you could possibly imagine, Central Intelligence in 1996 led me to deserved that nomination because it is doing around-the-clock sessions, pre- the conclusion that the same turf bat- well written, well thought out, well paring different portions of this bill; tles existing prior to 9/11 would endure prepared. Governor Kean of New Jer- Joe Zogby, an attorney on my staff during the process of formulating this sey, Congressman Lee Hamilton of In- who really carried the banner many most recent attempt at intelligence re- diana put together an extraordinary times on issues of civil rights and civil form. Unfortunately, this is precisely panel of Democrats and Republicans liberties, oftentimes a lonely battle, what has occurred this year and, like who brought us this report. And this not always successful but with a real in 1996, the Pentagon has successfully report was our blueprint, as we sat determination and extraordinary skill attenuated intelligence reform legisla- down to write this historic legislation. that he brought to the Senate; and tion. My personal contributions to this bill Shannon Smith, a member of my staff Thus, while we have gained marginal were in two specific areas. After three who looked at this bill from the per- advantages over current law and prac- years of effort, we finally broke spective of defense issues and foreign tice in this legislation, the conference through the technical and bureaucratic policy issues. Those three, from my report in its totality should be viewed obstacles to information sharing point of view, made my presence felt, as the basis for building upon the pow- among our intelligence agencies by even when there were times I could not ers of the DNI in future legislation. adopting a proposal which I suggested be in conference committee meetings. Conversely, if we reject this bill, it is for a new government-wide approach, The path that led us to this point has ‘‘back to the drawing board’’ when we one with clear goals and clear author- not been without obstacles. We had to reconvene with an entirely new set of ity to reach the goals. And for the first make major compromises in order to priorities to tackle in the next Con- time, at the suggestion of the 9/11 Com- move the legislation forward. But this gress. This delay will allow reform op- mission, we added to our intelligence conference report proves that Congress ponents the time and renewed vigor to efforts a privacy and civil liberties could work in a bipartisan manner to marshal their resources in opposition board which was crafted to ensure that bring together strength and wisdom to changing the status quo. It is far we do not pay for our security with our and produce this significant bill. less likely that we will accomplish freedoms. Let me salute those who Many people recall what happened on anything meaningful on intelligence made this possible, particularly on the 9/11 and where they were when they reform next year if we must start from Senate side. learned of the tragedy. I remember. Ev- scratch, lacking the momentum of the Senator SUSAN COLLINS, chairman of erybody listening remembers. We also 9/11 report and without the pressure of the Governmental Affairs Committee, remember that late in the evening, the congressional and presidential elec- has really been an extraordinary lead- after that sad and worrisome day, the tions. er. She is a close friend. We have Members of Congress, on a bipartisan I thank the Chair and yield the floor. worked on so many things together. I basis, gathered on the steps outside The PRESIDING OFFICER. The Sen- knew she would rise to the occasion, and together sang God Bless America. ator from Illinois. but I didn’t know that she would have How many times as I went through Illi- Mr. DURBIN. Mr. President, we gath- the endurance and the determination nois and across this country people er today in the Senate for an historic to bring it to this day. I watched as the would say: That was a good thing. We occasion. What we are about to con- conference committee drove on and on, were sure glad you did it, to put aside sider is a conference report on the In- day after day, hour after hour, week your differences and to stand together.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11949 That day was a precursor of this day bers of the Board and the Board’s staff That makes sense, doesn’t it? If we because this day we will stand together will have high-level security clear- are going to bank all the fingerprints again. There will be a vote today that ances, so we expect that it will only of suspects around America, wouldn’t will be a bipartisan vote, and it will be rarely, if ever, be necessary to invoke the Border Patrol want to have an in- a clear and definitive victory for the this national security exception. tegrated network of fingerprints they passage of this legislation. The Privacy and Civil Liberties Over- could check against the FBI base? Let me speak to two or three areas sight Board will be required to report Let me tell you where we are on that. that were of particular importance. to Congress about its work on an an- For more than six years, we have been First, the Privacy and Civil Liberties nual basis. These reports, to the great- trying to achieve this. For more than Oversight Board. The 9/11 Commission est extent possible, will be unclassified six years, we have been trying to get realized that one of the problems we so we can all look at the activities of two agencies of Government to cooper- have is when we give Government our Government when it comes to re- ate in comparing fingerprints. Earlier enough power to protect us, occasion- specting privacy and civil liberties. this year, the inspector general of the ally it overreaches. That has happened This transparency will keep us in- Justice Department reported it would in virtually every war and in every pe- formed. The bright sunlight will shine take at least four more years to com- riod when there was a threat to our na- on these activities when it doesn’t bine the systems. tional security. Abraham Lincoln, who compromise national security. This I am sure a lot of people following I believe to have been our greatest Board will ensure that as we fight the this debate are saying: He has to be ex- President, suspended habeas corpus war on terrorism, we will respect the aggerating. Why would it take ten during the Civil War. There were those precious liberties that are the founda- years to reach the point that the fin- who said he went too far in usurping tion of our society. gerprints collected by one agency of the Constitution. During the period of The second area I worked in that I the Federal Government could be com- World War I, when there was concern, think may turn out to have historic pared to the fingerprint database of an- we had the Espionage and Sedition importance relates to information other agency? Acts, which some believe was an over- sharing. When the 9/11 Commission Re- It is a fact. It has to do with two stepping of governmental authority. In port came out a little over 135 days things. First, it has to do with equip- World War II, Franklin Delano Roo- ago, they kept referring to one basic ment. It has to do with technology. sevelt gave personal approval to the theme. This is what the report said: And second, it has to do with a mindset of cooperation rather than exclusion. Japanese internment camps, where in- The biggest impediment to all source anal- That is what led me to this whole nocent Americans were, in fact, jailed ysis—to a greater likelihood of connecting the dots—is the human or systemic resist- issue of information sharing. I tried to and imprisoned when they had done ance to sharing information. encourage a debate on this issue when nothing wrong, just for fear that they I have really focused on this since we created the Department of Home- might. In the Cold War, with our fear 9/11. So many colleagues looked at dif- land Security. I said to my colleagues of the Soviet Union, we went into the ferent aspects of the challenge created on both sides of the aisle: It is great for McCarthy era, questioning the patriot- by that terrible day. When I looked at us to talk about a new department ism of good Americans, destroying information sharing, the first thing I bringing together all these agencies, lives and careers in the process. During did was turn to the FBI, the premier but if they do not have compatible the Vietnam war, J. Edgar Hoover and law enforcement agency in America, computer databases and the will to the FBI compiled a list of suspects the top of the heap, the best and share, then we are going to lose out across America. The President com- brightest when it comes to law enforce- when it comes to information gath- piled an enemies list. ment. I asked the basic question: Tell ering. This list goes on and on. It tells us me about the computers at the FBI I did not win that debate when we that as we try to be safe, sometimes we headquarters on September 11, 2001. created the Department of Homeland go too far. The 9/11 Commission said we Do you know what I learned? Just Security, but I am happy to tell you need to put into place something that three years ago, if you looked at the that we have won the debate when it is unique, has never existed in history. computers at the FBI, you found com- comes to this bill. This Privacy and Civil Liberties Over- puters with no e-mail capacity, no ac- It is distressing to read chapter 8 of sight Board will make certain they cess to the Internet, no mechanism for the 9/11 Commission’s report entitled keep an eye on Government activity, word/name search matching, and no ca- ‘‘The System was Blinking Red.’’ It is make sure it doesn’t violate privacy or pacity for the electronic transmission hard to make sense out of the informa- civil liberties. I agree with the Com- of photographs. Anyone listening—par- tion-sharing breakdowns before Sep- mission when the Commission said to ticularly younger people—have to tember 11. us ‘‘the choice between security and shake their heads and say: Senator, The PRESIDING OFFICER. The Sen- liberty is a false choice.’’ I believe, the they could have gone down to the local ator’s time has expired. Commission believes, we can be both computer store and bought a basic Mr. DURBIN. Mr. President, I ask safe and free. computer that had all of this capacity. unanimous consent for 10 additional We can protect the lives of Ameri- What happened? Why did the FBI fall minutes. cans, and we can also protect their lib- so far behind in technology? What hap- The PRESIDING OFFICER. Without erties. That is what the Board is set- pened was, in their vanity and in their objection, it is so ordered. ting out to do. bureaucratic protectionism, they said: Mr. DURBIN. On July 10, 2001, an FBI As Governor Kean said in answer to a We don’t need to go to other firms cre- agent in the Phoenix field office sent a question I asked, this Board should be ating computers. The FBI will create memo to FBI headquarters and to two ‘‘disinterested’’ and it should not be its own computer system. agents on the international terrorism speaking for the Government. It should They did and what a mess it was. On squads in the New York field office ad- be independent in its oversight of the September 11, 2001, the technological vising of the ‘‘possibility of a coordi- Government and its activities. This capability of the FBI was virtually nated effort by Osama bin Laden’’ to Board will have the authority to obtain nonexistent when it came to com- send students to the U.S. to attend information, to ensure the Government puters. That is hard to imagine, isn’t civil aviation schools—the famous is respecting our privacy and civil lib- it? Phoenix memo. erties. If someone outside of the Gov- As I spoke to every level that I could This Phoenix memo went into the ernment refuses to provide needed in- of Government leadership, including system and virtually disappeared. On formation, the Attorney General will Vice President CHENEY; Attorney Gen- its face, this memo was fair warning. have authority to subpoena it. eral Ashcroft; FBI Director Mueller, This memo was a flare that went off, There is an exception for the Na- every one of them conceded that this climbed into the sky, and flashed a tional Intelligence Director and the At- was an obvious problem. Let me tell warning of danger, and no one noticed. torney General to withhold informa- you something else. We asked the FBI This was July 10, 2001. The Phoenix tion in the interest of national secu- and the Border Patrol to establish a memo went forward, and it disappeared rity. That is understandable, but mem- common fingerprint database. in the sky without even notification.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11950 CONGRESSIONAL RECORD — SENATE December 8, 2004 The notice was there. Something and humane treatment of captured ter- build the diplomatic, political, and military needed to be done, but no one re- rorists. A provision in the Senate bill, alliances the government will need. sponded within the FBI or in the other which passed 96 to 2, addressed it. Un- As a result, the Commission rec- appropriate agencies. fortunately, the House Republican con- ommended that the U.S. develop poli- As we learned, the Phoenix memo ferees insisted the provision be re- cies to ensure that captured terrorists was not an alert about suicide pilots. moved from the final version of the are treated humanely. That is exactly We learned the author was more con- bill, so the bill is silent. what we did in the Senate bill. In fact, cerned about a Pan Am 103 scenario. This is especially serious from my the Senate provision is similar to an The fact is, whether they are talking point of view because of the poor track amendment which I offered to the De- about the Phoenix memo or what led record over the last several years when partment of Defense authorization bill up to the intelligence investigation in- it comes to the use of torture. requiring that the Department issue volving Zacarias Moussaoui, we did not In a January 2002 memo to the Presi- policies to ensure that they will not have a sharing of information among dent, White House Counsel Alberto engage in torture or cruel, inhumane, agencies that might have protected Gonzales concluded that the Geneva or degrading treatment, a standard em- America and the 3,000 victims on Sep- Conventions, which have guided us for bodied in our Constitution and in nu- tember 11. decades when it comes to the humane merous international agreements. For well over two years, I have urged treatment of prisoners, in the words of The Senate intelligence reform bill that we do something profound and his- Mr. Gonzales were ‘‘quaint’’ and ‘‘obso- would have simply extended these re- toric. I thought about the Manhattan lete.’’ quirements to the intelligence commu- Project. That was a project, if you re- In August 2002, the Justice Depart- nity. What possible basis could the call, that dates back to the attack on ment sent a memo to Mr. Gonzales in House conferees have had for opposing Pearl Harbor. Prior to that attack, which they adopted a new, very restric- this provision, turning its back on the Franklin Roosevelt had his atomic tive definition of torture. They stated Geneva Convention’s basic standards project that was looking into this new that physical abuse only rises to the that we have held in this country for scientific research when it came to use level of torture if it involves ‘‘intense decades? of the atom. It was moving along at a pain or suffering of the kind that is I think what we have here, unfortu- snail’s pace, and then came December equivalent to the pain that would be nately, is a decision by the conferees to 7, 1941. On that date, the President said associated with serious physical injury be less than explicit about America’s we were shifting into a new approach. so severe that death, organ failure, or commitment. We need to make certain We want to know if we can use this new permanent damage resulting in a loss that we stand by standards which research in science to create atomic of significant body function will likely America has preached to the world for bombs, weapons that we may need in result.’’ decades, that we realize we are not just They also concluded that the torture this war. not talking about detainees captured statute, which makes torture a crime, He shelved the commission that had by our Government, but the potential did not apply to interrogations con- been working on it and created a new treatment of Americans and American ducted under the President’s Com- group under the head of GEN Leslie soldiers facing detention. mander-in-Chief authority. Groves. GEN Leslie Groves, who was Under our Constitution, the Presi- For us to remove this provision from involved in the Army Corps of Engi- dent does not have the authority to this new bill is troublesome to me. neers, dubbed it the Manhattan make his own laws by creating a new I think the intelligence community Project. What the general said was we definition of torture, and he cannot should be held to the same standards as are going to break all the rules. We are choose which laws he will obey. There the Department of Defense, and taking going to have Government leadership is no wartime exception to our Con- this language out of the bill will make to develop this atom bomb, but we are stitution. that very difficult to monitor, as I going to turn to the academic side, the In November 2002, Defense Secretary hoped we would be able to do. universities doing research, and we are Rumsfeld approved the use of coercive As the 9/11 Commission report ad- going to turn to private business, and interrogation techniques at Guanta- monishes, we have to think more we are going to create what this coun- namo Bay. These included removal of imaginatively to protect America and try needs to defend itself. And we did. clothing, using dogs to intimidate de- use information in a more sensible and The Manhattan Project met its goal tainees, sensory deprivation, and plac- thoughtful way. Intelligence is the and produced the bombs that ended the ing detainees in painful physical condi- first line of defense against terrorism. Second World War. tions. According to a recent Red Cross With this legislation, our intelligence I thought we needed something very report, the use of these techniques has gathering, analysis, and application similar when it comes to information grown ‘‘more refined and repressive’’ will be significantly improved. No sharing and technology in fighting this and constitutes torture. agency can do it alone. Collective vigi- war on terrorism. This bill moves us in There are so many unanswered ques- lance requires mutual cooperation and that direction. It creates an environ- tions about the administration’s posi- not just within the executive branch. ment for us to have computers that tion on the use of torture. Mr. Gonzales We need to do our part on Capitol Hill. communicate with one another, data- said, ‘‘We categorically reject any con- Congress needs to be part of this new bases that can work with one another, nection’’ between the administration’s concerted effort. I am ready to work information that can be shared. But all torture memos and the abuses at Abu with administration officials to make of the good words in this bill mean lit- Ghraib, Guantanamo Bay, and else- this happen. I salute President Bush, tle or nothing if there is not the will in where. But how can the administration Vice President CHENEY, Speaker these agencies to make it happen, not reject these connections when the tor- HASTERT, and many other Republican only the person supervising this new ture techniques that they approved for leaders who stepped up to make certain environment, but each person who is use in Guantanamo were being used in they did their part to pass this legisla- involved at each agency to share this Abu Ghraib and elsewhere in Iraq? tion. information and to make certain that Mr. Gonzales was recently nominated As we have done on the Senate side, we do not protect turf at the expense of to be the Attorney General. I look for- we have demonstrated that this kind of protecting America. ward to getting to the bottom of this bipartisan cooperation makes America Let me address one aspect of this issue when he comes before the Judici- a safer place. bill—a bill which I am happy to sup- ary Committee in January. Finally, thanks to the decision of my port and will vote for—that is trou- The 9/11 Commission correctly con- colleagues on the Senate Democratic bling to me. It is an aspect of the bill cluded that the Iraqi prisoner abuse side, I step into the capacity of the where we lost a provision in the con- scandal has negatively affected our Senate whip, the assistant Senate lead- ference which I think is very impor- ability to combat terrorism. They er, in a few days. As a result of that, I tant. wrote: will have new responsibilities on the That is a provision that was added in Allegations that the United States abused floor and more demands on my time. It the Senate relative to the detention prisoners in its custody make it harder to was necessary for me to step aside from

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11951 my service on the Governmental Af- invest a little bit of it in a worthwhile and has existed for a long time with re- fairs Committee, which I really en- cause. spect to our agencies. It has to change. joyed during the period I have been in I plan to vote for this bill. I was priv- This bill is going to change it. the Senate. ileged to be a member of the com- Another problem we had, nobody was I am glad the last action of the committee in the Senate that developed in charge. There was nobody to assess mittee was the passage of this impor- the proposal under which this bill is accountability and say you were ac- tant legislation. I think a lot of work based, and we are happy to be here for countable for not letting this happen. that was put in in that committee paid this day. With this provision, we are going to off with the passage of it. I am going to To the members of the 9/11 Commis- have a powerful person put in place, miss this committee. I wanted to make sion who have worked hard for about 18 nominated by the President, selected certain that whoever would fill that months, their staff, a lot of folks who by the President. It has to be an ex- slot would have the time to dedicate to lost loved ones who provided the impe- traordinary individual, somebody its important work of protecting Amer- tus, really the wind beneath the wings smart, somebody who enjoys the con- ica. for the Commission and really for this fidence of both sides of the aisle, some- I thank Governmental Affairs Com- effort, I say just a heartfelt thank-you body who will enjoy the confidence of mittee Chairman SUSAN COLLINS, as for their efforts, and I hope they are the intelligence community, somebody well as Senator LIEBERMAN, for all of pleased with where we are today. who will be willing to work real hard. the kindness they have extended to me Is this proposal perfect? No. Few of I am sure that person is out there. My during my period on the committee. I mine are. Is it better? You bet it is. It hope is the President will find him. My hope I will be able to continue to help is a real improvement. hope is we will confirm that person. them in my new capacity as the Demo- Back in 1947, the year I was born, the Some people say this is not a perfect cratic whip of the Senate. CIA was born as well. The intelligence bill; there are some provisions they do I yield the floor. structure that was created around the not like maybe with respect to our bor- The PRESIDING OFFICER. The Sen- CIA and Cold-War years that followed ders, maybe with respect to immigra- ator from Maine. was a structure that was designed to tion, maybe with respect to the rights Ms. COLLINS. Mr. President, I thank enable us to win the war against com- and prerogatives of the military and the Senator from Illinois for his communism, the Cold War. That war is making sure they are still in a position ments. He has been an extraordinarily over. We won that war. We have a new to be strong and provide the intel- active member of the Governmental war that we are fighting today, and it ligence that is needed when it is needed Affairs Committee. He has contributed is a war against terrorism. to our battlefield soldiers. to so many different investigations. Just as the one approach worked well This is not a constitutional amend- Whether it was our review of mental for many years—our intelligence appa- ment. This is not something that is in health services for children or the food ratus worked well for many years concrete. This is a bill. It is a bill that safety investigation, he has always against communism—it does not nec- has been hard fought and a compromise been front and center in the commit- essarily mean it is going to work well has been well won, but it is not forever. tee’s deliberations, as he has been with against terrorism. In fact, it has not. To the extent we go forward and we this intelligence reform bill. We will When I was a naval flight officer, find that changes need to be made, we miss very much having him as a mem- when I was not flying in a P–3 airplane, can make them, and we should. ber of the committee, but I am grateful one of my ground jobs was to be the air In conclusion, we have been working for his past service, and we hope he will intelligence officer on the ground, at this stuff for a long time. People return to the committee some day. briefing other crews for their missions. have known the system was broke for a I know that two of the Homeland Se- We had a crew over here that was fly- long time. We have had any number of curity and Governmental Affairs Com- ing a top-secret mission, needed infor- recommendations and studies that mittee members are waiting to speak, mation about it, and then another said, fix this system and this is how to so I will not prolong. I will talk more group over here with the same clear- do it. We have not done it. Today we about my conferees, my wonderful, ance that did not fly that same mis- have the opportunity to change it and able group of conferees, later. sion. We did not brief the crew that to take a real step in the right direc- I ask unanimous consent that Sen- was not going to fly the mission. There tion. We would be foolish not to. I am ator CARPER be recognized next. He has was a need to know. If they had a need happy to say we are not foolish. We are already reserved time under the time to know, we provided the information doing the right thing. It is time to agreement; to be followed by Senator for them. If they did not have a need to seize the day, and that is exactly what COLEMAN, who has already reserved know, we did not provide it for them. It we are going to do. time under the time agreement; to be worked well in naval aviation. It did My thanks again to all those who followed by the chairman of the Intel- not work so well when it came to shar- have worked so hard to get us to this ligence Committee, Senator ROBERTS, ing information across 15 different in- point. who similarly has reserved time. Two telligence agencies on information I yield back my time. out of the three of these individuals about terrorism. The PRESIDING OFFICER. The Sen- were conferees on the bill. Two of the We had one agency that knew there ator from Minnesota. three also are members of the Govern- were bad guys around the world who Mr. LEVIN. Mr. President, will the mental Affairs Committee. Each of wanted to come here and hurt us. We Senator from Minnesota yield for a them has played a significant role in had another agency that knew the unanimous consent request, unless bringing us to where we are today, and names of the people who actually came there was someone else who was in I am grateful for their support and in- in and actually could have said that order here? I wonder if we could set up volvement. these were some of those bad guys. We an order following the Senator from The PRESIDING OFFICER. Without had another agency that knew folks Minnesota, the Senator from Kansas be objection, it is so ordered. were being trained to fly in airplanes, recognized, and then I be recognized The Senator from Delaware. not to land them, not to take them off following the Senator from Kansas. Mr. CARPER. Mr. President, I say to but to literally fly them straight and Ms. COLLINS. That is fine. our chairwoman of the committee, level. Among those 15 different agen- The PRESIDING OFFICER. Is there Senator COLLINS, a heartfelt thank-you cies, I call them stovepipes, they had objection? Without objection, it is so for the leadership and persistence that the information but they never talked. ordered. she and my good friend JOE LIEBERMAN At least they did not talk enough. We The Senator from Minnesota. have demonstrated to get us to this did not put it together. Mr. COLEMAN. Mr. President, I day. People talked about connecting the serve on the Governmental Affairs I also say to the President, thanks dots. That is exactly what did not hap- Committee. I served on the conference for using some of that political capital. pen. So we were not talking; we were committee that helped draft this bill, You picked up a little bit last month, not sharing information. There was a and I am going to be very proud to vote and I am pleased you have decided to need-to-know mentality that existed for this bill this afternoon.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11952 CONGRESSIONAL RECORD — SENATE December 8, 2004 I wish to start and end by thanking ommendations. It creates a Director of the Intelligence Committee, has been the chair, Senator COLLINS, for her in- National Intelligence to oversee and part of our discussions. He noted there credible leadership. This was not easy coordinate the effort in the intel- have been decades of efforts to reform to do. When we left around Thanks- ligence community. A central problem intelligence. We had a base to build giving, there were a lot of folks who the Commission identified was that upon, but we had not moved forward said this would not happen, that it prior to 9/11, no one was in charge of until today, and we have moved for- could not be done. We had people who our intelligence operations. We have ward building on so much of what has had some very strong opinions about a taken care of that problem. been done in the past and building on a wide range of issues, and there were It is important to note a lot of people record, which we heard about from differences. were doing a lot of things and doing folks who headed the CIA, doing oper- Leadership makes a difference. The good things, but they were not sharing ations work today. leadership of Chairman COLLINS made a information, they were not coordi- There was a very extensive analysis difference. The leadership of Ranking nating efforts to the degree we needed. of what the needs are. We looked at the Member LIEBERMAN made a difference. We had this concept that has been work of the Commission, the families I will also note, I am sure before we talked about on the Senate floor of of the victims, the history of intel- finally vote on this the chairman will silos, folks working in their own areas, ligence reform, and we made a dif- talk about staff. But I see Michael doing a good job. But the reality is, to ference today. For that, Chairman COL- Bopp, who is the staff director and be effective, you can’t work in a silo, LINS, Ranking Member LIEBERMAN, and chief counsel of the Governmental Af- you can’t work in isolation; you have all involved—and the President of the fairs Committee. Staff worked very to work together so all the activities of United States—should be proud. The hard. They did an extraordinary job. all those involved in intelligence re- President of the United States played a We were on break, weren’t around, but flect similar priorities. tremendous role in getting this done. folks were working day and night over We have corrected that now. The DNI One final point before I yield the holidays to give us this opportunity to is in charge of intelligence. He has the floor. When we talk about intelligence get it done. I do want to compliment power to shape the intelligence com- reform, we do talk about the big Mr. Bopp and all of the staff, on a bi- munity over time. He can implement things. We talk about creating a Direc- partisan basis, including my own staff joint policies on personnel, training, tor of National Intelligence and the who worked so hard. America should information systems, and communica- National Counterintelligence Center. thank them because this bill is good tions. The DNI also has a National But I also want to take a moment to for America. This bill makes America Counterterrorism Center to lead our talk about what this bill does for the safer. counterterrorism efforts. The Center rest of us, some of the folks at the As I look back on the opportunities I will contain the best and brightest the local level. had in my first session of Congress, the Government has. Merely by creating I come from Minnesota. It is a small 108th, I believe the passage of this bill these two new entities we take an im- State, located on our border with Can- is the most significant thing this Con- portant step forward. This is not about ada. But, like her northern neighbors gress has done. We have made America more bureaucracy; this is about more such as Maine, Minnesota can be a safer. There are a lot of important effective, focused, targeted efforts to gateway for many of the goods and peo- achievements—Medicare reform, tax improve the safety of America, to imple crossing by boat, car, plane, and cuts—but in the end you can’t have prove our intelligence efforts. It is a train. They may end up in Chicago or economic security without national se- base upon which we can continue to San Francisco or New York, but many curity. Americans cannot live if they move forward. come in through the border States. live in fear. The threat of terrorist at- Like all legislation, this bill rep- Homeland security starts with border tack is the greatest threat that faces resents a compromise. On intelligence security. America, and we have now taken sub- reform, we agreed to many of the pro- This bill recognizes that. It under- stantial steps in making America safer. visions in the House bill. We gave the stands that when it comes to border se- We make us safer, as I said before, by Department of Defense more of a say in curity, it is going to be folks at the the creation of a Director of National how funds are allocated after Congress local level, not folks at the Federal Intelligence, a single person whom we appropriates them. We agreed to keep level, who are going to be the first on can say is in charge. the total amount of money spent on in- the scene. That is why this bill con- I was struck during the hearings by telligence classified. But the House, in tains a provision to ensure that State my understanding of the statement of turn, has agreed to respond to many of and local officials will be part of an in- George Tenet that a few years before our concerns with the rest of their tegrated command system so first re- 9/11, he made a statement, sent out an original language. sponders can communicate with each e-mail, that we were at war with al- This bill makes important reforms in other. Communication and teamwork Qaida, but a lot of folks didn’t know immigration and law enforcement pow- go hand in hand, and thanks to this the war was happening. The CIA didn’t ers but omits the most controversial bill, if we face another 9/11, local, talk to the FBI and the Defense De- sections included in the House bill, and State, and Federal officials will not partment was not coordinated with the I believe that is wise. We need to ad- only be ready but will be able to work CIA to the degree it needed to be for us dress the issue of immigration reform. as a team. to be as safe as we should be. This bill It is a critical issue. But we cannot This bill also understands that bor- addresses that by creating a Director allow our efforts to improve intel- der security takes resources and man- of National Intelligence to advise the ligence, we cannot allow our efforts to power by providing an additional 10,000 President, to be the go-to person, the improve security to get pushed aside, agents over 5 years to protect U.S. bor- person we know is in charge. It then to somehow get held up because we ders and unmanned aerial vehicles to creates a National Counterterrorism have not had the kind of debate and monitor our border with Canada. This Center so we can bring the best and analysis and scrutiny we need to have is good news for America and good brightest together to make America in both Chambers on the important news for places such as International safer. issue of immigration reform. Falls, MN. This bill is not the same bill the Sen- 9/11 was a horrible tragedy. We saw International Falls is just a small ate passed, but it is a good one. At the the face of evil. We learned the des- town in Minnesota, but because of its beginning of our efforts way back in perate measures people will take to location, this city is among the 50 busi- June, Senator CARPER, from Delaware, stamp out our way of life. But we have est gateways in this country, admit- shared the credo that one of his con- seen and we have learned. From learn- ting many hundreds of thousands of stituents lived by: The main thing is to ing—I want to stress this—in this proc- men and women through it into this keep the main thing the main thing. I ess we had extensive hearings. We country each year. I went there this believe we have done that in this bill. moved forward quickly, but we didn’t August to see what was going on and to This bill implements both of the 9/11 rush to judgment. The Senator from talk with people directly responsible Commission’s most important rec- Kansas, Senator ROBERTS, who chairs for our border security, people like

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11953 Paul Nevanen, director of Koochiching first step in our goal to strengthen and and explicitly under the command of County’s Economic Development Au- improve our Nation’s intelligence capa- the Secretary of Defense. thority, and Glen Schroeder, the chief bilities. The leadership construct for national agent in charge of border patrol. Peo- My colleagues, we should start—and intelligence assets remains largely un- ple like Paul and Glen highlighted the others have said this, and it is cer- changed. The Director of National In- difficulties they had just commu- tainly true—by recognizing Senator telligence remains primarily a budget nicating with their Federal counter- COLLINS and Senator LIEBERMAN and and policy leader for national intel- parts and the difficulty of adequately their staff for their efforts to get a bill ligence assets. screening entry of people into the which will have a positive impact on Undoubtedly, the Director’s budget United States without proper tech- our intelligence community. They have and policy authorities are strength- nology and resources. After talking put in a tremendous amount of hard ened. But day-to-day operational con- with the people at International Falls, slugging, sometimes very contentious trol of our national intelligence collec- I came back to Washington and fought and very difficult work, and overtime, tion agencies remains dispersed. The hard for our folks on the border. This since they began this effort back as of Central Intelligence Agency will now bill reflects that hard work. It gives the 1st of August. I thank them. To- be led by an independent Director. The them the resources and manpower nec- gether, we will have made a positive Secretary of Defense retains the oper- essary to support and secure our bor- difference in behalf of our national se- ational control of the National Secu- der. curity. rity Agency, the National Geospatial- This is a good bill. I am going to vote I would also like to thank President Intelligence Agency, and the National for it with a great sense of pride. There Bush for his instrumental efforts in Reconnaissance Office. are some who may say we could walk getting this conference report moving. Note the word of all three agencies, away from this bill and hope for some- Without his leadership, this reform ‘‘national.’’ thing better next year. That would be would still be in the midst of a turf and These are not only combat support irresponsible. This bill makes America issue gridlock. The President knows agencies, but national policy assets. safer. Passage of intelligence reform that national security demands intel- I cannot see how the existing chains will only become more difficult as time ligence reform and that the status quo of command have been seriously passes—unless, God forbid, there is an- is not an option. So I thank the Presi- changed. other terrorist attack. In that case, of dent for weighing in. The history of the intelligence com- course, there will be another call for All one had to do is listen to the de- munity does not support the oppo- reform. But I submit that Congress will bate on this bill in the other body yes- nents’ second argument—that the have failed in its duty to the American terday to understand that this bill by Armed Forces will somehow be de- people if it waits until then to do any- necessity is a compromise. When you prived of intelligence by a stronger Di- thing. compromise you do not get everything rector of National Intelligence. The We don’t have to wait. We have a you want. In my case—and in the view former DCI has always set require- great bill before us. We have been proof many who serve on the Senate Intel- ments and priorities for collection by vided with great leadership from Chair- ligence Committee—it does not do ev- national assets. Moreover, neither the man COLLINS, from the ranking mem- erything that I believe is necessary to President nor Congress—certainly not ber, and the President’s efforts. I ap- clearly streamline the structure of our this Member of Congress, a former ma- plaud all of them. As I said before, I intelligence community. It is no secret rine—would ever permit the crucial in- look forward to voting for this bill. that I believe we should have gone far- telligence needs of our military to be I yield the floor. ther. ignored by the Director of National In- The PRESIDING OFFICER. The Sen- It is perplexing to me and a paradox telligence. ator from Kansas. of enormous irony that after the 9/11 Certainly, the requirements of our Mr. ROBERTS. Mr. President, it is investigation by both the Senate and men and women in the military must my understanding that I have allotted House Intelligence Committees, after be met. That has been said over and to me 10 minutes. I had originally un- our Senate committee’s WMD report, over again, especially in the House. derstood it was 15. I ask the distin- after the findings of the 9/11 Commis- But we must also recognize that the guished chairman of the Governmental sion, after the report of the President’s principal user of national intelligence Affairs Committee if she could yield WMD commission, and after all of the that is produced by our national intel- me 5 minutes out of her time, which I hearings we have held within the ap- ligence agencies are our national pol- know is precious, thus making it 15? Ms. COLLINS. I am happy to yield to propriate committees and the Senate icymakers, primarily the President of the distinguished chairman of the In- Intelligence Committee—we have held the United States, the National Secu- telligence Committee 5 additional min- over 200 hearings this session, 60 per- rity Council, and the Congress of the utes from my time. It is my under- cent more than the previous session of United States. The DNI must have au- standing that the ranking member of Congress—after all of this, and the thority to ensure that the intelligence the committee, the vice chairman of knowledge of the attacks on the requirements of the President and the committee, is also seeking some Khobar Towers, the USS Cole, and the other national policymakers are met. additional time. embassy bombings, 9/11, terror attacks Thus, while the Department of De- In between, however, Senator LEVIN all over the world that we know are fense is by volume—everybody under- has set a schedule to speak. I appre- connected, that still some believe we stands that, by volume—the largest ciate the order amongst Members. I do not need comprehensive reform or user of national intelligence, we must will also be happy to yield 5 minutes have or will vote against this legisla- not forget that our national collection from Senator LIEBERMAN’s time to Sen- tion because they believe it is a rush to assets at the CIA and at the NSA, the ator ROCKEFELLER. judgment or that the legislation did NRO and the NGA—what the critics The PRESIDING OFFICER. Without not include what they deem their top call combat support agencies—serve objection, it is so ordered. national security priority. our policymaking needs as well. The Senator from Kansas is recog- In this regard, some have argued that However, while this is not the best nized for 15 minutes. this bill will interrupt the military bill possible, it is the best possible bill. Mr. ROBERTS. I thank the Presiding chain of command or prevent the men It is also a big step in the right direc- Officer, and I thank the chairman. and women of the armed services from tion. Mr. President, one day after the 62nd receiving crucial intelligence informa- As has been said it will create a Di- anniversary of the attack on Pearl tion. Certainly these arguments should rector of National Intelligence, or a Harbor, and 3 years and 82 days after not be ignored. But in the end, this leg- DNI, who is separate from the Director the 9/11 terrorist attacks on our coun- islation does very little to modify the of the CIA. It will give this Director, try, we will now pass the National Se- chains of command within the intel- the DNI, marginally improved budget curity Intelligence Reform Act of 2004. ligence community. authorities over our intelligence com- I rise in strong support of this con- The tactical intelligence elements of munity agencies. It will provide au- ference report which is a remarkable the U.S. Government remain clearly thority to conduct quality control

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11954 CONGRESSIONAL RECORD — SENATE December 8, 2004 checks of the analytic products of our it is essential and we must persevere. lowing that, Senator ROCKEFELLER, and intelligence community. It will also President Eisenhower, a five-star gen- then we proceed to Senator BYRD, who, create a National counterterrorism eral, a national hero, was unable to I understand, has agreed to begin at Center which will, I hope, eventually achieve the reforms he sought to unify about 12:40 instead of 12:30. serve as the Nation’s true clearing- the Department of Defense in the 1950s. I ask unanimous consent that be the house for terrorist-related intelligence. Instead, President Eisenhower’s re- order of debate. These are, in my view, very positive forms would have to wait another 30 The PRESIDING OFFICER. Without steps forward in our intelligence com- years for the Goldwater-Nichols Act objection, it is so ordered. munity. which made the U.S. military the very The Senator from Florida. I would also like my colleagues to remarkable and unified force it is Mr. GRAHAM of Florida. Madam take note of several other important today. President, I am going to submit for the and long overdue provisions in this bill. The forces of the status quo beat RECORD a fuller statement, but in def- For example, this bill will consolidate back President Truman’s efforts in 1947 erence to the limited time we have, I what is now a needlessly complicated to put military operations under the have a few brief comments on what I and expensive background investiga- control of the Joint Chiefs of Staff and consider to be one of the most impor- tion and security clearance process the unified commands that had shown tant enactments of my 18 years in the under one agency. Today, it takes too their utility during World War II. In- Senate. This is an accomplishment which did long to get good people in very crucial stead, in 1947, President Truman was not happen beginning this summer but positions. Noting the debate in the forced to accept a National Security rather has been underway for at least other body, it is important to stress Act that codified a system in which the the 15 years since the fall of the Berlin this bill will also bring important im- military services were loosely joined Wall. I am extremely pleased we have provements to our Nation’s border se- under a very weak Joint Chiefs of Staff now arrived at the point we may be in curity. organization that had no significant a position to enact serious intelligence I am not, however, under any illu- authority independent of the military reform for the first time in over 50 sions. This bill is not perfect. No bill is. services. years. Senator COLLINS and Senator LIEBER- The compromise President Truman There are many important aspects of MAN were forced to put the Senate bill was forced to accept mirrors in many this legislation. One, it will centralize through the filter of the demands of ways the compromise bill we are voting the intelligence agencies, not as an end the House and still manage to get a bill for today. But there is reason for opti- in itself, but to create the platform that is a step in the right direction—a mism. That shell of a Joint Chiefs of from which we can then decentralize. big step. Staff which was codified in 1947 did pro- As Senator ROBERTS was discussing, in In conjunction with the administra- vide the foundation upon which the 1947, the various separate military tion, we in the Congress—more espe- Goldwater-Nichols Act would build the branches—there was a Secretary of the cially those of us who had the privilege remarkable unified command and con- Army, there was a Secretary of the of serving on the House and Senate In- trol structure we have today. Navy—were brought together under a telligence Committees—will need to In addition to serving as that impor- Secretary of Defense. Then, 39 years nurture this new intelligence structure tant foundation, the Joint Chiefs of later, that centralized organization over the years and clarify as necessary Staff also became a voice. That voice was decentralized into the combatant the various authorities in order to was independent of the military serv- joint commands that now are the prin- make it effective. ices turf interests in the debate over cipal warfighters for America. For those who are uneasy with the how to continue the process of the re- That is exactly the process antici- unprecedented speed with which this form of our defense. That was the first pated here. The only major difference bill was brought to this point, I would step in the struggle that resulted in is it will not take 39 years to get from like to offer the reassurance that what the Goldwater-Nichols Act and a major centralization to decentralization. we will pass today is certainly not the overhaul of the military command A second aspect of this bill I point final chapter on the reform of our in- structure. out, we have much work to do in the telligence. After this bill becomes law, This bill does not give the Director of area of human intelligence. The case we will monitor its implementation National Intelligence all of the au- could be made that both the war in Af- and make any needed adjustments in thorities I would like to provide. It is ghanistan and the war in Iraq were a subsequent years. If one looks at his- my sincere hope, however, that it will product of our inadequate human intel- tory, the process of amending and im- at least create the same kind of voice, ligence capabilities. We must make a proving the National Security Act of independent of the institutional inter- major effort to rebuild our human ca- 1947 began almost immediately fol- ests that currently divide our intel- pabilities. This bill takes a step in that lowing its passage. I expect that this ligence community, a voice that can direction through emphasis on more bill will be no different. This bill is lead us toward the ultimate goal: a linguistic training in the Defense bill only the beginning of the intelligence more rationally organized intelligence that was the establishment of what I reform process. Since July, several community with a clear chain of com- refer to as the intelligence equivalent other Senators and I have made it clear mand and the real accountability that of the Reserve Officers Training Corps. that while we believe this bill has comes with it. We need many other initiatives to fill many good provisions, what it fails to Since 1949, 24 attempts have been this gaping hole in our intelligence. do is create a leader of the intelligence made to pass comprehensive intel- The third area—and I particularly community who is clearly in charge ligence reform legislation. I thank all commend Senator WYDEN and Senator and as a result is fully accountable. concerned that we have been successful LOTT and others involved in this—is to That does not make this a bad bill. It on the 25th attempt. It has been 3 years try to make our security classifica- just means that Congress must con- and 82 days since September 11. On be- tions more truly an issue of security tinue to monitor and guide the intel- half of the families of the victims of rather than agencies trying to bury ligence reform process. We must con- September 11 and on behalf of national their mistakes. tinue the logical reform of our intel- security and every American, I am In this legislation we establish a new ligence community. If we are not dili- thankful we will not wait another day. classification board that will review gent, our newly created Director of Na- I yield the floor. decisions that are made in the execu- tional Intelligence could end up a di- The PRESIDING OFFICER (Ms. MUR- tive branch to determine if there has rector in name only. Our national secu- KOWSKI). The Senator from Michigan is been an excessive use of secrecy. Our rity certainly demands better. recognized for 15 minutes. former colleague, Senator Pat Moy- I am determined to work with my Mr. LEVIN. I thank the Presiding Of- nihan, used to say that secrecy is for colleagues in this Congress and the ad- ficer. I ask unanimous consent, instead losers. We do not want the United ministration to continue the process of my proceeding, that the Senator States to be in that category of losers. that has been started by this reform ef- from Florida be recognized and I be What we are doing today is an impor- fort. This process will be difficult, but recognized following that; and fol- tant step. It is not by any means the

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11955 last step. Let me mention a few things clear priorities for the intelligence would have wanted, but it is a large that will need to flow from our decision community, and this will be reflected improvement, and I am proud to vote today. Some are rather tangential to in the creation of additional national for this bill. I want to take a few brief the issue of intelligence reform. As an intelligence centers. These are the de- minutes simply to praise the families example, we are now requiring any visa centralizing units that have been es- from the New York metropolitan area applicant to have a face-to-face en- tablished in the case of terrorism and who worked so long and hard on this counter with a visa agent. That may counterproliferation and will be under bill. sound like an appropriate protection the directive of the DNI to establish in Today we live in a cynical time. But against inappropriate people getting other emerging threat areas. The DNI these families showed that a small access to the United States. must also revise current budget prior- group of people, if they have the will There are also, however, very prac- ities, particularly in areas such as re- and the fortitude and the strength and tical matters. A country that will be of search and development, to reflect re- the courage, can move mountains, even increasing significance to the United sponse to our emerging threats. here in Washington. Without the fami- States is the country of Brazil. Brazil He also will have to establish com- lies, we would not have had a 9/11 Com- is a country which is the size of the munitywide personnel policies that mission. Without the families, we continental United States plus a sec- support the recruitment, training, and would not have had a 9/11 bill. Without ond Texas. It is the fourth largest retention of the most effective intel- the families, we would not have had country in population in the world. ligence community personnel. each House pass its own bills. And Today we have three places in which a Finally, there will be a responsibility without the families, we would not person could get a visa. They are rel- here on the Congress. In the Senate, we have had the agreement we have come atively close together. It would be as if have taken steps to reform our over- to now. the only place you could get a visa in sight of intelligence. No longer will They are an amazing group. When the United States was Washington, there be an 8-year term limit. No you look into their eyes, as they carry New York, or Boston. We have to de- longer will intelligence budgets go their pictures of their lost husbands velop some strategy to make it more through the Defense subcommittee but, and wives and children and parents, reasonable for persons around the rather, through their own Appropria- you see the best of America and the world, but particularly in these large- tions subcommittees. best of New York. They are a beacon, a sized nations that are so important to These are good starts. But we are model of strength, of courage, of in- our economy, to be able to have rea- also going to have to look at the cul- domitability, and they can rest easier sonable access to the visa process. ture of the congressional oversight tonight, as we all can, that our world The second part of this legislation re- committees, focusing much more on will be safer, and perhaps the horrible lates to the United States relationship the future and the threats that are thing that happened to our city and with Saudi Arabia. It points out that coming at us and relatively give less of our country on that tragic day of 9/11 the Government of Saudi Arabia has our time to constant focus on the acci- will not be repeated, God willing, not always responded promptly or fully dents that can be seen through the again. to the United States request for assist- rearview mirror. By its nature, the in- Madam President, I yield the floor ance in the global war on Islamic ter- telligence community is going to cre- and thank my colleague from Michigan rorism. ate accidents from time to time. They for his generosity. I believe we need an enormous in- need to be reviewed, but we cannot af- The PRESIDING OFFICER. The Sen- crease in the transparency of the rela- ford for them to be totally consuming ator from Michigan. tionship between the United States and in terms of our oversight responsi- Mr. LEVIN. Madam President, first, I Saudi Arabia, and that is a goal we bility. It is in the future that the want to state how indebted we all are have been retreating from. In the joint threats are to be found, and it is our re- to the 9/11 Commission and to the fami- House-Senate report on the factors sponsibility to be able to assure the lies for their work in putting us on the that led to 9/11, an 800-page report con- American people that our intelligence road to reform. That road will reach a tained 27 pages on the role of Saudi communities are capable of identifying culmination today. It is appropriate Arabia in 9/11. Every one of those 27 those threats and providing informa- that we spent the time we did to try to pages was classified, so the American tion to decisionmakers to mitigate the put together a bill which is comprehen- people in that and other instances have chances that those threats will become sive and the most dramatic reform in been denied access to the information the next Pearl Harbor or the next 9/11 the intelligence community that we about our relationship with Saudi Ara- tragedy. have had in many decades. bia. I hope the provision contained in Madam President, in conclusion, I We in the Congress started out on this legislation will move us toward a thank all the people who have played that road with the goal of creating a greater frankness and candor in that such a significant role. Obviously, Sen- strong Director of National Intel- important relationship. ator COLLINS and Senator LIEBERMAN ligence, or DNI. One milepost was to Finally, this legislation places re- deserve special notice. But there are empower that Director with real budg- sponsibility for important future ac- many other people in this Chamber et power and adequate control over tions in at least three places. One of today, such as Senator ROBERTS and personnel in the intelligence commu- those is the President. The President Senator ROCKEFELLER, who have nity. Another milepost was the cre- will have the responsibility for making played a continuing role in seeing that ation of a strong National counterter- a series of critical appointments so our intelligence community is able to rorism Center, or NCTC, with the au- there will be the human beings respon- serve its responsibility to the people of thority to conduct strategic counter- sible for implementing this legislation America. terrorism planning and to assign roles in a creative, dynamic manner. Thank you very much. and responsibilities for counterterror- He also must assure there is a value The PRESIDING OFFICER. The Sen- ism activities. The managers deserve system in relationship to this new of- ator from Michigan. great credit as the conference agree- fice and other positions which are also Mr. LEVIN. Madam President, I ask ment represents a significant achieve- his responsibility to appoint. The most unanimous consent that I be allowed to ment in regard to those issues. Their notable of these will be between the Di- yield 2 minutes of my time to the Sen- work, the work of Senators COLLINS rector of National Intelligence and the ator from New York. and LIEBERMAN, is a model of biparti- Department of Defense. It will require The PRESIDING OFFICER. Without sanship, and I heartily commend them continued Presidential involvement objection, it is so ordered. for it. and monitoring to assure that relation- The Senator from New York is recog- The conference agreement contains a ship achieves rather than frustrates nized. number of provisions that I proposed in the objectives of this legislation. Mr. SCHUMER. Madam President, I the Senate-passed version. For exam- The new Director of National Intel- thank my friend from Michigan for ple, it is critical that there be a cus- ligence will have enormous responsi- yielding. I thank all those who worked tomer focus instead of a top-down focus bility. He or she will have to establish on this bill. It is not everything we all in setting intelligence collection and

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11956 CONGRESSIONAL RECORD — SENATE December 8, 2004 tasking requirements. There is lan- the Secretary of Defense rather than The intelligence failures before the guage in this conference report to pro- automatically transferring them to the Iraq war were massive. The CIA’s fail- vide that customer focus. new DNI without review. The con- ures were all in one direction, making The Senate bill contains language ference report now gives that non- the Iraqi threat clearer, sharper, and which I offered which precludes the reviewable power to the new Director more imminent, thereby promoting the NCTC Director from assigning specific of Intelligence. The programs, then, administration’s decision to forcibly responsibilities directly to components that the new Director will have that remove Saddam Hussein from power. of the Department of Defense. That au- kind of control over include the intel- Nuances, qualifications, and caveats thority would have had a negative im- ligence staffs of the Chairman of the were dropped. A slam-dunk was the as- pact on the military chain of com- Joint Chiefs of Staff, the intelligence sessment relative to the presence of mand. That authority should remain in staffs of the commanders, and the in- weapons of mass destruction in Iraq. the Department of Defense. The con- telligence staffs of certain communica- The CIA was telling the administration ference report retains our Senate lan- tions, and control over certain commu- and the American people what it guage. nications systems which support sen- thought the administration wanted to The legislation also contains a provi- sitive military command and control hear. sion which I authored with Senator activities within the Department of In July of 2004, just a few months COLEMAN to stop money laundering and Defense. ago, our Intelligence Committee in the terrorist financing. The 9/11 Commis- As I said, I am mystified why these Senate issued a 500-page unanimous re- sion acknowledged that disrupting ter- two provisions, which were included in port setting out a long list of instances rorist financing is one key to winning the Senate-passed bill, were omitted where the CIA or its leaders made the battle against terrorism. Our provi- from the conference agreement. Did statements about Iraq’s WMD and, to a sion strengthens bank oversight by im- House Republicans object to those pro- lesser extent, Iraq’s links to al-Qaida, posing a 1-year cooling-off period on visions even though those provisions which statements were significantly Federal bank examiners before they addressed concerns that a number of us more certain than the underlying intel- can take a job with one of the financial have and, as a matter of fact, that the ligence reporting and more certain institutions which they oversaw. The Armed Services chairman in the House, than the CIA’s earlier findings. need for this provision arose from our Duncan Hunter, had about protecting In fact, the first overall conclusion investigation conducted by the Perma- the military chain of command and on WMD in the intelligence commit- nent Subcommittee on Investigations about the Department of Defense hav- tee’s report was that ‘‘most of the key which disclosed the weak anti-money ing a voice in budget matters which so judgments in the Intelligence Commu- laundering controls at Riggs Bank directly and keenly affect them? nity’s October 2002 National Intel- which resulted in highly suspicious fi- There are a number of other trou- ligence Estimate . . . either overstated nancial transactions. bling omissions from the conference re- or were not supported by the under- Among other problems, we were sur- port. I happen to be one who agrees lying intelligence reporting’’ regarding prised to learn that the Federal bank that we need a new strong director of Iraq’s programs of weapons of mass de- examiner who oversaw Riggs and al- national intelligence and a new NCTC, struction. lowed the bank to continue operating a new national counterterrorism cen- These are life-and-death issues. We in for years with a deficient anti-money ter, with strong authority. But their Congress and the American people need laundering program retired from the creation will not solve all or even the to know that we are getting objective Government and immediately took a most critical of the problems in our in- assessments on North Korea’s nuclear job at the bank, raising conflict of intelligence community. In fact, the cre- program or Iran’s nuclear intentions, terest concerns. Our new provision will ation of a stronger intelligence direc- for instance. We cannot have any doubt help eliminate such conflicts. tor makes it even more important that in our mind the intelligence assess- Our provision also directs the Treas- we enact reforms to ensure that intel- ments that we get represent the facts ury Department to conduct a study of ligence assessments are not influenced as they are objectively assessed and are current Federal anti-money laundering by the policy judgments of whatever not shaped to serve policy goals of the efforts and recommend improvements administration is in power and that a White House—this White House or any to the process for setting priorities so stronger DNI is not just a stronger po- other White House. that we direct our efforts where they litical arm of any administration. are most needed. I am deeply troubled that the con- We need a stronger national director On the other side of the ledger, I ference report does not contain critical of intelligence, but a stronger DNI want to talk about a number of provi- provisions that were included in our must not simply be a stronger yes man sions that were included in the Senate- Senate-passed bill on a bipartisan basis for whatever administration happens passed bill but which are, unfortu- that were intended to promote inde- to be in power at the time. When we nately, absent from this conference re- pendent and objective intelligence wrote the Senate bill, we included pro- port. We had a number of provisions in analysis. visions to promote the objectivity and our Senate bill, on which we worked so The scope and the seriousness of the independence of intelligence assess- hard, that are omitted from this bill. It problem of manipulated intelligence ments and to provide a check on the seems to me the bill is weaker as a re- cannot be overstated. History has too new National Intelligence Director sult. many examples of intelligence assess- from becoming a policy or political One Senate-passed provision would ments being shaped to support an ad- arm of the White House. I am troubled have permitted the new DNI to transfer ministration’s policy goals, with disas- that the conference report excludes military billets among activities with- trous results. Forty years ago Sec- some of those checks and significantly in the intelligence community but retary of Defense McNamara invoked weakens others. would not have permitted the new Di- dubious classified communication Perhaps the most troubling area in rector to transfer individual members intercepts to support passage of the which this conference report falls short of the armed forces, thereby avoiding Gulf of Tonkin resolution which was in that regard is the elimination of the potential for the Director to inter- then used by President Johnson as the provisions which we had in our bipar- fere with the military chain of com- legislative foundation for expanding tisan Senate bill which gave Congress mand. That was changed and it mys- the war against North Vietnam. the tools to do effective oversight of tifies me as to why our provision was Director of Central Intelligence Bill the intelligence community. On this dropped. Casey heavily manipulated intelligence issue, the 9/11 Commission itself said Another Senate provision would have during the Iran Contra period. A bipar- that ‘‘Of all of our recommendations, provided that the administration re- tisan Iran Contra report concluded strengthening congressional oversight view certain Defense Intelligence that CIA Director Casey ‘‘misrepre- may be among the most difficult and Agency programs to determine whether sented or selectively used available in- important.’’ That is why during the they should be managed by the new Di- telligence to support the policy that he Senate’s consideration of the bill, we rector of National Intelligence or by was promoting.’’ worked so hard to include provisions

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11957 aimed at achieving that goal. The ab- House opposed even that language. The to craft a series of provisions that were sence of these provisions from this con- record should be clear on this matter if included in this bill. Unfortunately, ference report is deeply troubling. we are to carry on the battle for the conference agreement does not in- The bipartisan bill that we passed stronger Congressional oversight, clude many of the provisions the Sen- here in the Senate contained language which is so essential. ator cared most about concerning ac- that required the new Director of Intel- Other provisions directed at the process to information by Congress in ligence, the National Intelligence duction of independent, objective intel- order to ensure effective congressional Council, the NCTC, and the CIA to pro- ligence were also included in the Sen- oversight. vide intelligence not shaped to serve ate-passed bill but were dropped from I think the loss of those provisions is policy goals. The conference report this conference report. For example, unfortunate. On the Senate side, they omits that language. the Senate-passed bill created a statu- had bipartisan support. I think it re- The Senate-passed bill promoted tory ombudsman to initiate inquiries flects a historic tension between Con- independence of the NCTC by stating into problems of politicization, biased gress and the executive branch when it that the Director could not be forced to reporting, or lack of objective analysis. comes to oversight and the inadequate ask permission to testify before Con- This conference report weakens that sharing of information with Congress. gress or to seek prior approval of con- provision by requiring merely that the This has been a problem in previous gressional testimony or comments. The DNI identify an individual—and that administrations, and it has continued conference report leaves out that pro- could be any individual, including the to this day. So the Senator is correct vision. DNI him or herself—to fill that role. that this objection did not originate The Senate-passed bill contained a The Senate-passed bill created a stat- with any of the Senate conferees, ei- provision requiring the DNI to provide utory inspector general in the office of ther Republican or Democrat, and it Congress access to intelligence reports, the DNI with strong investigative pow- did reflect the views of the executive assessments, estimates, and other in- ers. This conference report does not. branch. I want to make it clear that re- telligence information and to do so Instead, it simply leaves it up to the gardless of whether we have had a within a time certain. DNI to create an IG or not. Democratic President or a Republican The conference report omits that The Senate-passed bill created a stat- President, that tension has existed Senate-passed requirement giving us a utory Office of Alternative Analysis or over decades. tool to do oversight. There is a long, ‘‘red team.’’ This conference report Mr. LEVIN. I thank the chairman of painful history of efforts in Congress, weakens that by simply requiring the the committee. The PRESIDING OFFICER. The Sen- on a bipartisan basis, to obtain infor- DNI to establish a process and assign mation from the intelligence commu- ator from West Virginia is recognized. an individual or entity—again, any in- Mr. ROCKEFELLER. Madam Presi- nity which have never been answered dividual or entity—to conduct the dent, I will spend a minute on separate or have been slow-walked for weeks, function of red teaming. intelligence-related matter before months, and years at a time. It is unac- Let me summarize. While I am speaking about the bill currently be- ceptable. pleased that we were successful in cre- fore the Senate. In the time I have A more powerful DNI could make ating a strong DNI and NCTC, I am been vice chairman of the Intelligence matters worse—or better. Congress is deeply disappointed that we did not Committee, I have worked hard to try coequal to the executive branch on in- reach our destination in these other to make sure that funds are channeled telligence issues and it baffles me why equally important areas. to where they ought to be in intel- any Member of Congress, over in the Mr. President, on balance, I have ligence. For this reason, and with a House where we had this opposition, concluded that I will vote for this bill, great deal of reluctance, I am going to would oppose strengthening our ability but I am concerned about what has oppose the fiscal year 2005 intelligence to access information and carry out been left out of this conference report. authorization conference report, which our oversight responsibilities and to I think the managers share my concern the Senate will consider later today. prod the intelligence community to about these omissions and would ask My decision to take this somewhat give us objective facts without spin. that they work with me to address unprecedented action is based solely on I ask unanimous consent for 1 more these issues in the 109th Congress. my strenuous objection—shared by minute. While we have the chairman of the many in our committee—to a par- The PRESIDING OFFICER. Without committee on the floor, I thank her ticular major funding acquisition pro- objection, it is so ordered. and Senator LIEBERMAN for the strong gram that I believe is totally unjusti- Mr. LEVIN. I was also troubled to support they gave to the provisions I fied and very wasteful and dangerous find out that White House staff was ac- just described. We should give Congress to national security. tually present in the room during staff the tools to do the oversight which is Because of the highly classified na- negotiations of these issues. It is my so essential if we are going to get inde- ture of the programs contained in the understanding that the White House pendent, objective analysis. I don’t national intelligence budget, I cannot objected to the Congressional oversight know why the House—apparently Re- talk about them on the floor. But the provisions during those discussions. I publicans who are carrying out the de- Senate has voted for the past 2 years to know these Senate provisions were sires of the White House—took this po- terminate the program of which I strongly supported by both the Senator sition. But it weakens Congress. I want speak, only to be overruled in the ap- from Maine and the Senator from Con- to create a record here, number one, propriations conference. The intel- necticut. I know how difficult those acknowledging and thanking and com- ligence authorization conference report discussions were and I appreciate that mending our managers for the work that I expect to be before the Senate support very much. It was not a lack of they did in conference, trying to pre- later today fully authorizes funding for trying on their part which led to the serve our bipartisan provision, but ask- this unjustified and stunningly expen- exclusion of these provisions. It was ing, if I could, that they comment on sive acquisition. I simply cannot over- the opposition of the White House car- what I just said relative to where the look that. ried by House Republicans. objection came from to these provi- My decision is shared by a number of In the final negotiations leading up sions that gave Congress the tools to my colleagues. Speaking for myself, if to the November 20 draft conference do effective oversight over intelligence we are asked to fund this particular agreement, I even offered what I know assessments, which we had in our bi- program next year, I will seriously con- the managers agreed was a reasonable partisan Senate bill, and whether I was sider and probably will ask the Senate compromise that would have simply re- correct in stating that. to go into closed session so the Sen- quired that the DNI report to Congress Perhaps the Senator can answer on ators can understand, fully debate, be- the status of outstanding requests for her own time as to whether the objec- come informed upon, and then vote on intelligence information from com- tion came from the House Republicans termination of this very wasteful ac- mittee chairmen and ranking mem- and the White House. quisition program. bers. It is my understanding that the Ms. COLLINS. Madam President, the Mr. WYDEN. Madam President, I rise House Republicans and the White Senator from Michigan worked so hard today to express my concern regarding

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11958 CONGRESSIONAL RECORD — SENATE December 8, 2004 a provision included in the Intelligence passed the Senate twice since the at- known in this body—that was con- authorization conference report, which tacks of 9/11, has been included in the ducted by both the House and Senate has been included in the intelligence intelligence reform legislation. Intelligence Committees, working to- reform legislation before us. I com- As all my colleagues who have read gether over a period of 2 years ago. mend the efforts of both Chairman the 9/11 Commission Report know, the The intelligence reform bill also es- ROBERTS and Vice Chairman ROCKE- case of Zacarias Moussauoui—the tablishes a National Counterterrorism FELLER for their hard work during the ‘‘twentieth hijacker’’—showed that Center where our analytical and oper- negotiations over this legislation. But current law was insufficient to address ational efforts to combat terrorism, I, like the vice chairman, do not sup- cases in which a foreign person is sus- here and abroad, can be brought to- port the continued funding of a major pected of terrorist involvement but had gether in a coordinated way. This acquisition program which is unneces- no known connection to a terrorist or- builds on the effort to centralize Coun- sary, ineffective, over budget, and too ganization. Current law under the For- terterrorism analysis begun with the expensive. The easier path would be to eign Intelligence Surveillance Act, or creation of the Terrorist Threat Inte- step aside and let this program con- FISA, required that the FBI show that gration Center. tinue without dissent. In this case, any suspected terrorist must have But unlike TTIC, the new center will however, I do not believe the continued links to a known foreign terrorist coordinate much more than just intel- funding of this program is the best way group before the special FISA court ligence analysis. The NCTC, National to secure our Nation and the safety of would issue an intelligence warrant to counterterrorism Center, will be re- our troops and citizens. surveil or search the suspect. The Sen- sponsible for the strategic planning of The Senate Select Committee on In- ate passed bill made this needed all Counterterrorism operations across telligence has raised concerns about change and included reporting require- the Government. It will provide a unity the need and costs of this program for ments necessary to ensure proper con- of effort that we have been lacking for the past 4 years and sought to cancel gressional oversight of how this provi- all of these years. this program in each of the past 2 sion was implemented. The bipartisan The final legislation is, I believe, a years. This has not been a political effort to enact this provision was led monumental achievement. I am proud issue, a Democratic or Republican by Senators KYL and SCHUMER who to support it. But I am also very hon- issue, nor should it be. The members of est, as was the previous speaker, Sen- the Senate committee have supported proved that we can fight terrorism ator LEVIN from Michigan, that it does these efforts in a nonpartisan way with more effectively without giving up our not address all of the recommendations unanimous votes each time. privacy and cherished civil rights. The Senate Intelligence Committee The 9/11 Commission identified the of the 9/11 Commission. That is some- has determined that this program Moussaoui case as one instance where, what natural in the process of a con- should not be funded based on firm pol- if things had gone right and with a ference. But it is important to point icy judgments. Numerous independent lucky break here or there, the disas- out what we don’t yet have and what reviews have concluded that the pro- trous attacks against the World Trade we need to continue working for. gram does not fulfill a major intel- Center and the Pentagon may have I am disappointed that a number of ligence gap or shortfall, and the origi- been delayed, disrupted, or even important provisions in this bill were nal justification for developing this stopped. I acknowledge the concerns dropped or weakened—in some cases technology has eroded in importance some have expressed regarding the pos- necessarily—in order to get this agree- due to the changed practices and capa- sibility this provision may be misused ment. The agreement had to be bilities of our adversaries. There are a or unnecessarily extends the reach of reached. The intransigence of the number of other programs in existence the FISA statute. I believe that we can House conferees forced the Senate con- and in development whose capabilities address these concerns with proper ferees to give up more than I would can match those envisioned for this congressional oversight of how this au- have hoped. A couple of examples are program at far less cost and techno- thority is used and review of this provi- the DNI’s ability to transfer funding logical risk. Like almost all other ac- sion prior to its 2005 sunset. and personnel. It is a basic part of what quisition programs of its size, initial Mr. ROCKEFELLER. Madam Presi- the President is asking for, what the budget estimates have drastically un- dent, I now turn to the business cur- commission was asking for. It is sig- derestimated the true costs of this ac- rently pending before the Senate, the nificantly weakened from the Senate quisition and independent cost esti- National Security Intelligence Reform bill, which passed 96 to 2. mates have shown that this program Act. I am pleased to be here at long The comptroller established to exe- will exceed its proposed budgets by last to speak in support of the National cute the National Intelligence Program enormous amounts of money. The Sen- Security Intelligence Reform Act. funding has been dropped, requiring in- ate Intelligence Committee has also in After 5 months of endless work, led by telligence spending to still be chan- the past expressed its concern about Chairman COLLINS and Senator LIEBER- neled through the Pentagon comp- how this program was to be awarded to MAN, we are poised to achieve what troller. the prime contractor. people thought was impossible. Some The creation of the inspector general I understand why funding for this have criticized this legislation for in the Office of the Director of Na- program was included in the conference being too hastily conceived or rushed tional Intelligence is discretionary, not report. The administration requested to completion. To the contrary, this re- statutorily mandated. It is not going it, the appropriators have already fund- form has been 50 years in the making to be any good unless there is a person ed it, and the House wanted to main- and the issues have been the subject of there doing their job. tain the funding. Nevertheless, I be- 46 different commission reports. Most Many provisions in the Senate bill lieve this issue must be highlighted be- of them have suggested the same kinds designed to ensure the objectivity of cause it is not going away. I wish more of things we are doing here. intelligence and improve congressional of my colleagues knew of the details of Now, under the extraordinary leader- oversight were modified or were this program and understood why we ship coming from Senator SUSAN COL- dropped, including the provisions of the are so convinced that it should be can- LINS and Senator JOE LIEBERMAN, our bill authored by Senator CARL LEVIN— celed. I encourage you to request a Nation will soon have a Director of Na- many excellent suggestions that would briefing, to come to the Intelligence tional Intelligence who can begin to ef- have improved congressional access to Committee and let our staff explain fectively coordinate our intelligence information and unvarnished intel- why we believe we are right about this agencies for the first time since the ligence reporting. program. If you do, I believe my col- creation of the National Security Act Similarly, the Senate conferees were leagues would agree with the members of 1947. forced to modify other important proof the Senate Intelligence Committee This critical reform was first sug- visions on the civil liberties, privacy, and vote to stop this program next gested during the Nixon administration and declassification boards in order to year. and was the central recommendation overcome House objections. I am pleased that the so-called ‘‘lone not only of the 9/11 Commission, but Even with these shortcomings and wolf’’ terrorist provision, which had also the joint inquiry—not so well others, the agreement reached is still a

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11959 very good one, one that I can support President, somebody immune to the in- ginia has indicated a desire to speak, and one on which I hope we can build fluence of political pressure. and I believe I am on the list. I will be in the future in our intelligence au- In order to carry out the enormous happy to take whatever position is thorization bills. responsibilities created in this bill, the available. I can follow my distin- While several provisions from the new Director cannot be seen as pur- guished colleague from West Virginia. I Senate bill were weakened or dropped, suing a political agenda of any kind or am here to listen and learn. the final agreement still includes many forcing the intelligence community to The PRESIDING OFFICER. The Sen- very important provisions—as I would support a particular administration ator from Maine. say, the beginning of the turning of the policy. That would apply, obviously, to Ms. COLLINS. Madam President, it is battleship—that will make meaningful both Democratic and Republican Presi- my understanding that the Senator improvements to the operation of the dents and their administrations. from West Virginia is scheduled to intelligence community in all areas, We need a Director who will speak speak next. The Senator from Virginia not just counterterrorism. truth to power, as we say, and present is on the list for 30 minutes of time. We had a press conference yesterday, what the intelligence community The Senator from West Virginia is on and I pointed out that in 1998, George knows, does not know, or believes in a the list for 2 hours of time. I am uncer- Tenet announced and declared that timely and objective way. tain whether the Presiding Officer can there was a war against al-Qaida. No- I urge the President to nominate an be advised whether there is a further body listened. Nobody had to listen, I individual to serve as the first Director order beyond what I have just indi- guess, and they did not. Under this new of National Intelligence who embodies cated? setup, if the Director of National Intel- these qualifications. The PRESIDING OFFICER. That is ligence so declares and has the author- In conclusion, I again thank Senators the extent of the list of speakers. ity to follow through, that will be ab- COLLINS and LIEBERMAN for leading us Mr. WARNER. Madam President, the solutely enormous. through this extraordinary process, senior Senator from West Virginia in- Some of the good provisions are: Lan- watching the process seem to disinte- dicated to me that in all probability he guage directing the DNI to create an grate, and then, through the absolute might not use that time. To facilitate ombudsman to ensure the objectivity persistence of both of them—even to matters, I can be on short notice to and independence of intelligence anal- the extent, I understand it, of come after should he not use 2 hours. ysis. That is so important because it BlackBerrying each other from the of- The PRESIDING OFFICER. The Sen- means that people can come to an om- fice to the Kennedy Center—and I will ator from West Virginia. budsman within an intelligence agency not say which Senator was at which Mr. BYRD. Madam President, am I and air their grievances, saying they place. But all of this helped bring the recognized? are being pressured to do analysis a deal together. The PRESIDING OFFICER. If the certain way, whatever. But having an They were extraordinary in what Senator from Maine yields the floor. ombudsman is very important in big they did. I have never seen anything Ms. COLLINS. Madam President, I and sensitive organizations. like it in the 20 years I have been here. will yield the floor. I just want to indi- The establishment of a intelligence I am really proud of both of them. cate that the Senator from Alaska, Mr. community reserve corps is, I think, a They never gave up their fight. They STEVENS, is also on the list to speak for really good idea. It is in the bill. It never took their eyes off the prize. 5 minutes. I believe he wanted to follow helps relieve the burden during periods They overcame institutional resistance the Senator from West Virginia. And I of increased deployments, such as we to change, and, in the end, they oversee that the Senator from Louisiana is are going through right now. came House efforts to undermine and also here and would like to speak for 5 And the establishment of an alter- emasculate the bipartisan mandate for minutes. So I ask that they also be put native analysis or ‘‘red teaming’’ capa- intelligence reform, but did so in a way in the queue. bility—which is simply the act and the which drew an enormously positive The PRESIDING OFFICER. Without art of taking the collection of intel- vote from the House last night. They objection, it is so ordered. The Senator ligence and then the analysis that are skillful, and we honor them. from West Virginia. comes from that collection and having Madam President, I yield the floor. Mr. BYRD. What does ‘‘in the queue’’ people who are there to say: But did The PRESIDING OFFICER. The Sen- mean in this situation? you ask this question? What about ator from Maine. Madam President, maybe I can shed that? In other words, they bring a Ms. COLLINS. Madam President, I just a little bit of light here to help. I contrarian point of view, thus dis- thank the Senator from West Virginia do not intend to take the full 2 hours ciplining intelligence at the collection, for his extraordinarily generous com- which have been allotted to me under a development, and production phase ments. We would not be where we are previous request. I will be very happy into a more worked product. today without the support of the vice to yield to the very distinguished sen- These reforms address problems un- chairman of the Senate Intelligence ior Senator from Virginia at this time covered in the Senate Intelligence Committee. He contributed greatly to if he so wishes to precede me. Committee inquiry into the prewar in- the bill. He was there from the very Mr. WARNER. Madam President, I telligence on Iraq, some of the ones I first day, drawing on his impressive ex- thank my colleague. As we discussed, I just mentioned. When we put them to perience in intelligence and national would like to have the benefit of the those two heroic Americans, Governor security matters, advising Senator LIE- remarks which he is going to deliver to Kean and Congressman Hamilton, they BERMAN and me on what should be in the Senate prior to my speaking. If we supported them strongly. They are the bill. He was one of our most active just leave it, I will be available when- very critical to this reform effort. and dedicated conferees. ever the managers wish to indicate I The creation of a Senate-confirmed I am very grateful for his support and can speak, I will do so. Director of National Intelligence pre- efforts and his contributions. I realize Mr. BYRD. Madam President, as I sents the President with the oppor- the bill we produced is by no means a say, I will not use the full 2 hours. tunity and the challenge to select an perfect bill, and I know that in the There will be ample time, I am sure, individual with strong national secu- years to come, he and his colleague, for some of the others whose names rity and management credentials and Senator ROBERTS, will work to have already been mentioned. who will be viewed by all as a non- strengthen and improve our efforts. I When I refer to the distinguished partisan leader of the intelligence com- thank him very much. Senator from Virginia, may I take this munity. That goes without saying. The PRESIDING OFFICER. The Sen- opportunity to thank him for the serv- That is absolutely basic. ator from Virginia. ice he continues to give to the country Now, more than ever, we need an in- Mr. WARNER. Madam President, and to his constituents, the people of dividual who will not only effectively might I inquire of the distinguished the great State of Virginia. I have manage the intelligence community managers as to the recognition of noted in the press some of the concerns for the first time ever, but who can speakers that meets the desire of the he has expressed with respect to this also be an objective adviser to the two managers? The Senator from Vir- particular legislation, and I am sure

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11960 CONGRESSIONAL RECORD — SENATE December 8, 2004 those concerns have led to improved vote my own sentiments as I attempt whatever is placed in front of them. legislation, certainly improved chances to represent the people of West Vir- They do it. They do it time and time for its passage today, and I want to ginia according to my own lights. again. And they importune those Sen- thank him for that. I know the families of the individuals ators who might be hopeful of speaking Mr. WARNER. Madam President, I who perished in the September 11 at- out and spending some time and debat- thank my distinguished colleague. His- tacks are following the proceedings of ing with their colleagues. These Sen- tory will have to reflect, once this is the Senate closely today, and my sym- ators are pressured by their colleagues adopted into law, and I intend to sup- pathies go out to them, as my sym- and by the leadership and by the White port it, upon certain provisions that I pathies did immediately after the ter- House to roll over and let the vote had some role in preparing, working rible tragedy that befell them and become and let us go home. I anguish with the distinguished managers of the fell the Nation. As chairman of the Ap- about the eroding character of the Sen- bill and my counterpart in the House, propriations Committee at that time, I ate. the distinguished chairman of the responded in a very positive way. We I have now served in this Senate 46 House Armed Services Committee, passed a $40 billion appropriations bill years. I have seen the Senate when it DUNCAN HUNTER, who has been a very within 3 days. That is somewhat of a took the time to speak and to debate forceful and committed individual to record, I must say. Again, I say, we en- and to amend, to ask questions. I have achieve the common goals Congress- acted—when I say ‘‘we,’’ I mean the en- seen those times, and those were the man HUNTER and I shared. tire Congress—a $40 billion appropria- great days for the Senate. It fulfilled I might add to the distinguished Sen- tions bill within 3 days of that tragic its duties to the American people and ator from West Virginia, there were at happening. to the Framers, to the forefathers, to least four or five others in the Chamber These families who have grieved over those who have preceded us. I greatly who consulted with me, worked with the loss of their loved ones for more regret that those days seem to be gone. me, and provided ideas, and I want to than 3 years, and who will continue to They seem to be gone. thank them, although I shall not take grieve over these losses throughout I anguish, as I say, about the eroding the time at this time to mention their their lifetimes, have been critical to character of this body. I anguish about names. the efforts to create the 9/11 Commis- the message it sends to the American I will be available whenever the mansion and allow their thorough inves- people when this body allows itself to agers wish to put in a call to me. tigation to be completed. The greatest be stampeded, as it so often does allow On another subject, I say to my distribute to their efforts of these past itself to be stampeded, into passing tinguished colleague from West Vir- years would be for the Congress to get legislation without thorough examina- ginia, the Christmas tree that is now these intelligence reforms right. tion. gracing the west lawn of the Capitol When the elected representatives of Oh, we congratulate ourselves on a grew on the border between Highland the people allow themselves to be co- job well done and then vote overwhelm- County and West Virginia, and my un- erced into a process that encourages ingly in support of the legislation, and derstanding is that some of the roots the abdication of our responsibility to yet we cannot even be bothered to ask penetrated into West Virginia. So understand and fully debate and thor- questions about the changes made in while the trunk may have been in our oughly review legislation, the people conference. Like pigmies on the battle- State, it really drew on the wisdom of are robbed of their voice and their gov- field of history, we cower like whipped West Virginia and Virginia, and I think ernment. Senators take an oath to de- dogs in the face of political pressure my colleague and I are very appre- fend the Constitution of the United when it comes to issues such as intel- ciative that this tree was selected. States. I have taken that oath many ligence reform. The PRESIDING OFFICER (Mr. times over these 58 years that I have I felt the pressure to forego any ALLARD). The Senator from West Vir- served in public office. Common sense speech, forego any request for a rollcall ginia. suggests that that means reading and vote but just to let it pass by voice Mr. BYRD. Mr. President, I thank studying the legislation before the vote. Can you imagine that? Let this the managers of this bill, Senator COL- Congress. We are dutybound to explore piece of legislation pass by voice vote; LINS and Senator LIEBERMAN, for the the opinions on all sides of an issue oh, Senators have travel plans, and it courtesies which they never failed to and, especially an issue that is so seri- would be well if we could just have a extend. I have the utmost respect for ous as is this one, we are dutybound to voice vote. the dedication and for the knowledge work toward a process that does not We have too much of that around which they have brought to this par- exclude opponents or silence the oppo- here. I for one have a rebellious feeling ticular subject matter. They have sition. against our relaxing in our duties to spent many weeks, days, and hours in In its heyday, the Senate, this body, the Senate and to the people by giving the consideration of this matter in the the U.S. Senate, was known as the in to such pressure. committee, on the Senate floor, in the greatest deliberative body in the world. I do not claim to know as much conference, and their kindnesses, their It should still be that. I wonder if it is. about this legislation as the managers studies, their knowledge, their ability What we have seen in recent times, of the bill. But I do know about proc- to translate into action the concerns however, is a hollow shell, a hollow ess. And it galls me that the Senate that so many of us have held with re- shell of that noble tradition. Time has allowed itself to be jammed against spect to intelligence is something wor- after time after time, the Senate a time deadline time and time and thy of admiration. forgoes its responsibility to deliberate time again—and in this instance, I also thank Senator ROBERTS and and to carefully review legislation, and jammed against a time deadline in con- my colleague in the Senate from West even defers to others to craft legisla- sidering this conference report. Virginia, Senator ROCKEFELLER. They, tion for it. This is the most far-reaching reorga- too, have worked hard and have con- Legislation is passed by the Senate nization of our intelligence agencies tributed much and will continue to do and then, all too often, hastily rewrit- since 1947. These changes will remain so. I recognize that these Senators ten in a conference report behind for decades, and these changes will im- have worked tirelessly since last sum- closed doors marked, as it were, ‘‘no pact upon the security of our Nation at mer in trying to craft the best legisla- minority view admitted.’’ All too often countless levels. Such matters ought to tion possible. So I have to compliment during the 108th Congress, the party be held to a higher standard of consid- these Senators. I have to salute them. leadership has held bills until just be- eration by the Congress than is the I have to respect them for their tenac- fore a recess and then employed dis- case here. ity. ingenuous rhetoric about, ‘‘Oh, last op- This conference report has been re- I regret that I cannot join them in portunities, these are the last opportu- worked and redrafted over the course supporting the conference report. I will nities to get something done.’’ of 2 months in a closed-door con- vote against it. Mine may be the only Senators, preoccupied with holiday ference, and the Senate has only re- vote against it, for that matter. But I schedules and holiday travel plans, for ceived a printed copy of the conference feel that I must speak out and must example, roll over timidly and accept agreement less than 24 hours ago. I

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11961 don’t know what is in the conference triot Act or the creation of the Department ate Armed Services Committee Chair- report. I would say that any other Sen- of Homeland Security, it has been mandated man Sam Nunn; former Senator War- ator who stands before this Senate and hastily and with scant consideration of its ren Rudman; former Secretary of State tells the American people he or she long-term consequences. George Shultz. knows what is in the conference report That is what I am talking about. The We do not know how these experts re- is like the emperor who had no clothes. Washington Post hit it right on the gard this conference report. We do not As late as yesterday, the conferees head. know how they regard the bill today, were still making changes. It is out- I tell you that I am not going to vote but even months ago they urged we rageous, outrageous, to expect Sen- for legislation of this importance under take more time. ators to read and understand a 615-page such circumstances. I have done it be- Henry Kissinger appeared before the measure in less than 24 hours. Is that fore. I have voted against other legisla- Senate Appropriations Committee and the way we ought to legislate? Here we tion from time to time which I felt was urged we take more time. He suggested have young pages who come here from being rammed through the Senate we take more time, even as much as all States of the Union. They expect to without proper consideration, without perhaps 8 months—nothing this year. learn how legislation is made, how the ample time for debate. And this meas- I read from an excerpt of a statement Senate works, how we Senators per- ure, of course, cannot be amended. A by former Secretary of State Henry form in the bright lights of publicity, conference report under Senate rules Kissinger, as of Tuesday, September 21, how we do the people’s business. I cannot be amended. So we have to take this year: know they read the casebooks and the it or leave it, vote it up or down. We What we are urging is a time for reflection history books and the textbooks and are buying a pig in a poke here, I can and a time for consideration with maybe a all these things about how legislation assure you. short deadline of 6 to 8 months, but to take is made. They come here with bright This conference report is very dif- it out of the immediate pressures of a period eyes, open eyes, open ears, great hope, ferent from the legislation that passed that is bound to affect the thinking. great aspirations, and they work for the House of Representatives and the There we were, about to enter into what I say has been rightly called the Senate 2 months ago. I have heard Sen- the heat of an election campaign and greatest deliberative body in the world. ators here on the floor today talk Henry Kissinger was saying, whoa, Is this deliberation, a 600-page re- about how this differs from the legisla- whoa, wait a minute. Let’s slow down. port? If I stood before the American tion that we passed in the Senate a few Let’s take adequate time. Don’t be people and said I can vouch for every- weeks ago. pressured by the election. Let’s don’t thing that is in this, I know what is in For example, a number of provisions do these things in such a hurry. it, the people would know I am mis- related to the U.S. PATRIOT Act and We do not know what these experts leading them, wouldn’t they? But this the law enforcement powers have been regard how they would perceive this is so often the way it is. We allow our- inserted into this bill, which again has conference report today. I don’t know selves to be pressured by the leader- never been considered on the Senate how Henry Kissinger would judge it. He ship. The leadership calls up measures floor. doesn’t know what is in the conference here in the Senate. Any Senator can This legislation has encountered vir- report, just as I don’t know what is in make a motion to proceed. But Sen- ulent opposition since the time of its it. Why should Senators forego the val- ators don’t do that. They defer to the conception. And while it may enjoy the uable insight of almost every public majority leader. I have been the major- support of the overwhelming majority figure who may actually be able to as- ity leader. I have been the minority of Members here today, nobody—I say sess what is in the new version of intel- leader. Senators defer to the majority nobody—can say with any confidence ligence reform? leader, whether it is a Democrat or a or certainty as to how this new layer of So I say again, let us not say we be- Republican, to call up measures. I say bureaucracy will affect our intelligence lieve we understand what is included in that we often just do not have the de- agencies or the security of our country. this conference report. I don’t under- bates the Senate should give to impor- We don’t know if it will enable the in- stand it. We have not had the time to tant measures. telligence agencies or enable the Gov- understand it. We do not have suffi- This conference report—as I say, it is ernment in all its ramifications to bet- cient resources by way of assistance outrageous for Senators to understand ter guard against a terrorist attack or from capable staff people. They have the 600-page bill in less than 24 hours. whether it will cause a host of unfore- not had the time. It is, in effect, a new I want to call attention to the Wash- seen problems. We are failing in yet an- bill and in some ways very different ington Post of today and its lead edi- other misguided rush to judgment to from anything the Senate has consid- torial titled ‘‘Reform In Haste.’’ I shall take the time and effort to find out. We ered to date. just take the time to read the first two are failing to take the time. It is a rush Common sense suggests the Congress paragraphs of today’s Washington Post to judgment. There has been a mad ought to hold hearings on the contents lead editorial titled ‘‘Reform In scramble to cobble the pieces together of this new measure so we may be in- Haste.’’ I quote therefrom: and pass a bill. Oh, I have to pass a bill. formed by experts about its benefits The Senate barely understands how and defects, so that we may ask ques- The rhetoric emanating from the Capitol the experts line up on this bill. The 9/ Hill in the past few days may have created tions, so that those questions and an- the impression that, after a hard-fought bat- 11 Commission is for it. That much we swers may be compiled into printed tle over key provisions, Congress worked its know. But former CIA Director George hearings so we all may have the benefit way to a sensible plan for reorganizing the Tenet said last week he opposes this of the knowledge, the benefit of time to U.S. intelligence community. Sadly, that is bill. That is sobering criticism from study and to reflect. far from the truth. The 600-page omnibus someone who, having left Government There is no reason the Senate cannot measure on its way to approval yesterday months ago, no longer has any turf to proceed in this prudent matter early had not been read or carefully considered by protect. next year. Instead of viewing this con- the vast majority of members, including A distinguished group of national se- ference report as the final stage of the some of those most involved in its construction. What passed for a debate in the past curity experts wrote in September that process, we ought to consider it as the couple of weeks was actually little more they oppose any intelligence reform starting point for debate next year. It than a turf battle by Pentagon satraps and this year. That group included former is only a few days away, next year. We the Congressmen who share their interests Senate Intelligence Committee Chair- ought to invite witnesses back to tes- on issues that are marginal to the broad re- man David Boren; former Senator Bill tify and allow the process to begin organization outlined in the legislation. Bradley; former Secretary of Defense anew outside the election cycle and That shake-up, driven by an odd combina- Frank Carlucci; former Secretary of built on the foundations of knowledge tion of election-year politics and the deter- Defense Bill Cohen; former CIA Direc- acquired this year. mination of the September 11 commission to leave a mark, may improve the quality of in- tor Robert Gates; former Deputy Sec- Instead, we are allowing ourselves to telligence information supplied to the Presi- retary of Defense John Hamre; former be lulled into the fallacious belief that dent and other key policymakers; we have Senator Gary Hart; former Secretary we must accept this bill, we must ac- our doubts. Like the passage of the USA Pa- of State Henry Kissinger; former Sen- cept this conference report, we cannot

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11962 CONGRESSIONAL RECORD — SENATE December 8, 2004 amend it, we must accept it from page oners in U.S. military jails. There is the creation of an independent Civil 1 through page 615. We have to accept mounting evidence that the CIA had Liberties Board to defend our privacy it lock, stock, and barrel. some hand in the mistreatment of de- rights and liberties. The Senate-passed We do not know what is in it. There tainees. The Red Cross has reported on bill embraced this recommendation may be several pigs in this poke, but the illegal practices of U.S. intel- and included additional protections to we buy them all; we embrace the whole ligence agencies holding ‘‘ghost detain- help ensure that executive agencies thing virtually sight unseen. We allow ees’’ in secret prisons. Why is this in- could not exert undue influence on the ourselves to be lulled into the falla- telligence bill silent on such out- Board. This conference agreement, cious belief that we must accept this rageous policies? How can Congress however, scuttles those protections by bill or risk it not passing next year, claim to fix what is wrong with our in- burying the Board deep inside the Of- with some even suggesting a terrorist telligence agencies if this major piece fice of the President, subjecting Board attack could result from it. of legislation does not even address members to White House pressure. Now, a terrorist attack may happen, such colossal intelligence failures? Why? but it won’t happen because this con- The only way to reduce the risk of The conferees included language ference report would have been put such failures is to ensure the account- making changes to the 1978 Foreign In- over until next year. If it is going to ability of this new Intelligence Direc- telligence Surveillance Act, the law happen, it will happen and nothing in tor to the people’s representatives in that blurs the rules on electronic sur- this conference report would stop it if the Congress. It is the Congress that veillance and physical searches by the it happened next week or the next must make the decision to declare war, U.S. Government. This conference re- month or the next several weeks or and it is the Congress that is respon- port, though, states that the Intel- months. That is nonsense. Don’t be- sible for the oversight of this new in- ligence Director shall have authority lieve it. telligence program to help guard to direct or undertake electronic sur- I have heard even some comments against future intelligence failures. veillance and physical search oper- from people who ought to know better It is paramount that the Congress do ations pursuant to FISA if authorized on the TV saying, What I am concerned everything possible to ensure itself ac- by statute or executive order. This is about, if we don’t pass this report, I cess to timely, objective intelligence. dangerous ground, isn’t it? This is dan- just hope we don’t have another ter- Yet that is not what we see in this leg- gerous ground to walk when the Presi- rorist attack—as though passage of islation. dent, through executive order, and this conference report will make any This conference report eliminates without the authorization of the Con- difference to any terrorist who may be provisions to ensure that the Congress gress, can direct this new Intelligence planning an attack next week or 10 receives timely access to intelligence. Director to undertake electronic sur- days or the next month or the next 2 or It also allows the White House’s Office veillance and physical search oper- 3 months. No legislation alone can of Management and Budget to screen ations. forestall a terrorist attack on our testimony before the Intelligence Di- Yet another provision would make country. rector presents it to the Congress. terrorist crimes subject to a rebuttable The momentum is strong now to re- Whistleblower protections for intel- form our intelligence agency. I submit presumption of pretrial detention, ligence officials who report to the Con- the greater risk is not that the momen- which means that prosecutors will not gress have also been stricken from the tum will dissipate next year if this bill be required to show a judge that the Senate-passed bill. does not pass today or this week, but defendant is a flight risk. Instead, the The conference agreement creates that the passage of this bill will re- defendant will be presumed to be a senior intelligence positions but ex- move any incentive to focus on the flight risk. Are Senators sure we are empts many of them from confirma- broader intelligence failures that have not trampling on the civil liberties of tion by the Senate. It eliminates the occurred outside the war on terror. the American people with the hasty This legislation is appropriately fo- privacy and civil rights officers in- passage of this conference report? cused on the failings of September 11 cluded in the Senate-passed bill. It Again, few, if any, Senate hearings but oblivious to the many other glar- strips 18 pages of legislative text that have been held on these provisions by ing deficiencies in our intelligence would have created an inspector gen- the full Senate Judiciary Committee. community. Our country went to war eral and ombudsman to oversee the In- The inclusion of these provisions in in Iraq, a war we should not have en- telligence Director’s office. That lan- title VI, with so little examination of gaged in, a war in Iraq on the shoulders guage has been replaced with one para- their real meaning, reminds one of how of false claims about weapons of mass graph, authorizing the Intelligence Di- the PATRIOT Act itself was enacted in destruction. But this bill dances rector, at his discretion, to create or haste without sufficient review, and around that issue on tippy toes. It is as not to create an inspector general, and with no real understanding of its true though Congress is too afraid to men- provides the Director with the power to consequences. tion the fact that faulty intelligence decide which, if any, investigative pow- These are unsettling provisions, and claims deceived the public out there, ers to grant the inspector general. the Senate ought to insist on its rights deceived the man and the woman on That means the new Intelligence Di- to consider them more carefully. The the street, deceived the people of this rector could exempt his office from in- Senate has not had enough time to un- country into believing there was an im- spector general audits and investiga- derstand this legislation or its implica- minent threat from Saddam Hussein. tions, and that the Congress would not tions. This new Intelligence Director Why is Congress avoiding that crit- receive reports from an objective inter- has been granted significant authori- ical issue? Is it because some do not nal auditor. The Congress is limiting ties, and the Congress has not done wish to expose the role of the White its own access to vital information enough to ensure adequate checks on House in feeding bad intelligence to within this new intelligence office, and the actions of the Intelligence Direc- the American people? The Founding it will have thereby compromised an tor. Fathers intended Congress to be a essential mechanism for identifying With regard to homeland security, check on the power of the Chief Execu- potential abuses within the new intel- the bill authorizes a significant in- tive, but increasingly Congress appears ligence program. crease in the number of Border Patrol content merely to be a cheerleader for Given the dark history of abuses of agents, immigration investigators, and the President depending upon which civil liberties and privacy rights by our a significant increase in the number of party might be in control at a given intelligence community, I had hoped beds for immigration detention. The moment. that the Congress would exercise more bill also authorizes increased funding The intelligence bill fails to address caution, but it has not done so in this for air cargo security and for screening the unfolding prison abuse scandals in legislation. airline passengers for explosives. All of Iraq, Afghanistan, and Guantanamo The 9/11 Commission recognized that these are worthy goals, but the provi- Bay. its recommendations call for the Gov- sions are just empty promises. The Armed Services Committee has ernment to increase its presence in Last September, when I offered an held six hearings on the abuse of pris- people’s lives, and so it wisely endorsed amendment to the Homeland Security

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11963 appropriations bill to fund these pre- of promising big reform efforts that it should expire on the same date as a cise activities, the White House op- never funds. visa or other temporary lawful pres- posed the amendment and my Repub- Mr. President, I am happy to yield ence authorizing document. This lican colleagues lined up, virtually to now, if I may retain my right to the means if you are here on a document— the man or woman, and voted against floor, to my friend from Oklahoma. it might be a visa—and it expires, your it. And today, Members will line up and Mr. INHOFE. I thank the Senator for driver’s license should expire at the vote for more empty promises. yielding. same time. That was a part of the President Bush had the opportunity The PRESIDING OFFICER. Without House bill that was taken out. to support Congressman SENSEN- objection, it is so ordered. The required documentation for iden- BRENNER and insist on tougher immi- Mr. INHOFE. Mr. President, the Sen- tity is the hard document. Many States gration reforms in this bill, but the ator had referred to a report and have inadequate and outdated proof of President welched. Senators talk about named several very distinguished peo- identity. This provision ensures that reforms needed to protect against ter- ple, including the former Senator from the States would have hard documenta- rorism, and the fact is that this bill is Oklahoma, my predecessor, current tion on this. a hodgepodge of empty border security president of Oklahoma University, The restriction of the State’s ability promises that the administration has David Boren. to accept foreign documents for a driv- no intention of funding—and I am cer- Mr. BYRD. Yes. er’s license, we have discussed this. I, tainly concerned about that; no inten- Mr. INHOFE. I would share with the for one, do not hold in as high a regard tion of funding—and that will only en- Senator from West Virginia that when foreign documents as I do our own doc- courage the kind of illegal immigra- I won the election to replace him, he uments that are generated here. tion that leaves our country wide open and I had a talk. And he said: I have The antitrafficking provision was to terrorists. something very significant to talk to taken out. The House bill adds to the Mr. INHOFE. Will the Senator yield? you about. existing criminal code addressing iden- Mr. BYRD. Yes, I will yield. If the Senator from West Virginia tity theft and fraud language to ad- Mr. INHOFE. I ask the distinguished will recall, Senator Boren was the dress the growing and lucrative crime senior Senator from West Virginia if he chairman of the Senate Intelligence of selling the technology and informa- would yield me a little bit of his time, Committee at that time. tion that facilitates counterfeiting of and then I will yield right back, be- Mr. BYRD. Yes. identity documents. This was taken cause something the Senator said I Mr. INHOFE. He said: You have to do out. I have not had the opportunity to think is worth elaborating on a bit. something. I have tried and I haven’t find out the reason for this. Notwith- Mr. BYRD. Very well. Will the distin- really succeeded because no one is standing that, I know there are many guished Senator inform me as to how aware of the shambles that the system good provisions we should be passing. One of them I draw to the attention much time? is in in terms of the turf battles in in- of the Senator and the Senate is the Mr. INHOFE. Oh, 10 minutes, but I telligence collection and all of that. electronic confirmation by the various probably will not use it all. I told him at that time I would do ev- State Departments of Motor Vehicles Mr. BYRD. Does the Senator wish me erything I could even though I was to validate other States’ driver’s li- to yield at this point? going to be on the Intelligence Com- Mr. INHOFE. I would like that, yes, mittee but not on some of the commit- censes. Had Virginia referenced the Florida or I will wait until the Senator finishes tees dealing directly with this. So he records of Mohammed Atta who was his current thought. I want to ref- talked about the crisis it was in. stopped here, it is likely they would erence former Senator Boren and some I will read to you from the CSIS re- have discovered that his license was things that you mentioned. port that was written by the very peo- not current. Who knows whether that Mr. BYRD. Yes. ple the Senator from West Virginia would have prevented 9/11 from hap- Mr. INHOFE. I will wait. listed. It reads: pening. However, we do know this: He Mr. BYRD. I will certainly yield to Racing to implement reforms on an elec- piloted one of the airplanes that went my friend very shortly. Let me say, tion timetable is precisely the wrong thing however, continuing my thought, it to do. into the towers, and he was also one of the masterminds at that time. Moham- may well be that the only problem that I think that it does have to be delib- med Atta was actually stopped in Vir- this bill will actually fix is one of poli- erative, and we do have to have more ginia. The House put a provision in to tics. time. Passing this bill in the waning hours Additionally, there is no one I hold in make it very difficult for that to take of the 108th Congress means that for all higher regard in terms of his back- place. This morning on a news show on Fox intents and purposes intelligence re- ground and capability than Porter News, Congressman SENSENBRENNER form will be removed from the agenda Goss. I served with him in the other was on, and E. D. Hill asked him some of the next Congress. By passing this body. Here is a man who has the back- questions: bill today, the Senate will be giving po- ground, yet we haven’t heard anything litical cover to those who wish to dis- . . . Explain to me this whole driver’s license from him on this. It seems to me if we thing. Because I know that out in California miss calls for more thorough reform of all agree, as we did when his confirma- they’re giving out licenses and then there intelligence agencies to fix problems tion took place, that he is the expert are these matricular I.D.s—all sorts of stuff that are not addressed in the legisla- that he is, he should have some partici- like this. tion, including the Iraq WMD, weapons pation. At least I want to know what This bill—the last part that I read—said of mass destruction, fiasco and the his thinking is about this. that they wanted national guidelines for fed- abuse of prisoners in secret detention Just for a moment, I saw several eral—for identification, for driver’s licenses facilities. things in the House bill I liked. I have and that type of identification form. What does this mean? Intelligence reform should be done a very short list of things that were right the first time. But the actual im- taken out of the House bill in con- Congressman SENSENBRENNER re- plementation of this bill will be ference. This disturbs me. For example, sponded: shrouded in secrecy and hidden from they took out any requirement for Well, it would be proof of lawful presence public scrutiny. Under this conference in the United States, which means either a proof of lawful presence in the United birth certificate, a U.S. passport, a foreign report, the total amount of intelligence States. The requirement applies to im- passport with a green card. Or if someone is spending will remain classified so that migration law provisions passed in here on a temporary visa with an expiration the American people may never know 1996, which I supported, as did the Sen- date, that passport and changing the law to if the President is shortchanging the ator from West Virginia, that were have the driver’s license expire as of the date reform effort that this bill requires. signed into law by President Clinton. the visa expires. Senators ought not be so willing to Secondly, the temporary license re- He goes on and talks about Moham- rush this bill through knowing that it quirements, including a requirement— med Atta and when he was stopped and may serve as political cover for an ad- again this was in the House bill and what happened. That part is very dis- ministration that has a sorry history was taken out—that the license term turbing to me.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11964 CONGRESSIONAL RECORD — SENATE December 8, 2004 Finally, there has been a lot of talk I only say this not to criticize any- It would be counterproductive to deny the about the 16-mile gap that was in there one, but only to say that, without ex- commission the extra 2 months it now says that has now been returned back to ception, every time we have rushed to it needs to complete its investigations. . . . about a 21⁄2 mile gap between San Diego do something, we have used the excuse Mr. President, the Founding Fathers and Tijuana. It is a gap because there that we are going to fix it 3 weeks from would be ashamed of the notion that is no fence there. People come and go now or tomorrow or in the beginning of time is a luxury reserved for the as they will. That is where a lot of the the next session, but it doesn’t seem to unelected members of independent illegals are coming through, a lot of take place. So like a lot of reforms commissions. What about the Senate? people who could be terrorists. We that are in this, I would rather go back What about the elected representatives don’t know. Nonetheless, they are and have the opportunity to make sure of the people who serve in this body? going through. we get the reforms I outlined that were The Framers of the Constitution con- They had closed that gap in the taken out or put in by the House. The ceived a Senate that would resist the House bill, and that language was reason is that once you pass a bill, you forces that urge us to bend with each taken out. That might be something lose your leverage to get those things change in the political breeze. To the that has been said on this floor. I that were controversial back in. I don’t contrary, the Constitution binds Sen- haven’t heard anyone justify why that have any doubt that the Speaker—he ators to serve the greater causes of the was done, but it seems like it was done. says he will bring this up, and I don’t Republic and reserves the power of I know that Congressman HUNTER doubt that. I have serious doubts that each Member to demand more time for placed a provision to close the gap, and if they pass something in the House debate, more time for thoughtful con- apparently there were some endangered and send it here to correct those five sideration. So shame on us for not in- species lawsuits that came in and have areas I outlined, it would be done over voking that wisdom in claiming the ad- caused this conference report to leave in this body. ditional time we need to better assess that gap open. I appreciate very much the Senator this legislation and to better protect I suggest that if we are leaving it yielding me a few minutes of his time the security of this Nation and to bet- open, I say to the Senator from West to share those thoughts with him. ter enhance the well-being of the Virginia, we are leaving it open to pro- Mr. BYRD. Mr. President, I thank American people, who stand in need of tect a maritime succulent shrub which the Senator who has expressed, rightly, closer examination and scrutiny of legis something that is required or could his concern. The Senator has cited ex- islation that will provide for their se- create a harassment to some endan- cellent examples of why this bill is curity and the security of their chil- gered species. So I checked to see what being rushed and why it should not be dren and the security of the institu- that was. I found out that the two rushed. tions that need that protection and major species that might be endan- I am for intelligence reform. There that security. gered species, that might be harassed— are many things in this package, I am Mr. President, I yield the floor. not killed, harassed—were the vireos or sure, that are worthwhile. But we can- FOSTERING THE FLOW OF INFORMATION the flycatchers. not fully protect ourselves against ter- Ms. COLLINS. Mr. President, the 9/11 I am holding a picture of a rorists unless we address the gaps in Commission found that the biggest im- flycatcher. Let me get the full name. our borders and stem the rise of illegal pediment to ‘‘connecting the dots’’ was I don’t seem to have that here. immigration. There is a great deal of resistance to information sharing. As Anyway, this is one of the species friction in the House of Representa- that might be harassed—not killed, but the Commission stated in its report: tives with respect to this conference ‘‘Agencies uphold a ‘need to know’ cul- harassed. The other is this critter, a report because of the failure to address vireo. I checked with the U.S. Geologi- ture of information protection rather many of the problems Congressman than promoting a ‘need to share’ cul- cal Survey, and I found out there are SENSENBRENNER spoke about. I hope we an estimated 2,000 vireos in existence ture of integration.’’ I ask if the rank- will still have an opportunity to do ing member on the Governmental Af- today and 1,000 flycatchers in existence that. But this is just one area in the fairs Committee, Senator LIEBERMAN, today, and the most this would pre- conference report that ought to have would explain how this legislation ad- vent, not from being killed but from had more time, but it did not get the dresses this finding of the Commission. being harassed, would be 2 of these and time, as the subject matter in its en- 3 of these. Mr. LIEBERMAN. In drafting this tirety should have had more time. legislation, we fully considered the Now, I ask you to prioritize this. Is it Next year, the President will ask the finding of the 9/11 Commission that better to harass five of these endan- Congress to pass a sweeping amnesty. Senator COLLINS refers to, and we de- gered species and at the same time It’s clear that illegal aliens will con- signed the bill to foster a shift away leave this 3.5-mile gap open for perhaps tinue to pour into this country until from a ‘‘need-to-know’’ culture of ex- terrorists or someone else to come the Congress takes action to protect cessive secretiveness, toward a more through? I have been very concerned its borders. about these things. The 9/11 Commission’s endorsement integrated and open culture of ‘‘need to I do understand that the House has of this legislation will mean nothing if share.’’ The bill assigns key respon- said they are going to fix all this in these so-called reforms lead to future sibilities to the DNI and to the Presi- January—I cannot remember, I think intelligence failures. dent to achieve this shift in culture. in the first part of January sometime— What the American people will re- The bill makes the DNI responsible but every time that happens, when member, however, is that the Con- for establishing guidelines for the in- they say they are going to fix some- gress—the Senate and the House—abdi- telligence community to ensure max- thing that we rush through to pass, it cated its role to fully protect their se- imum availability of, and access to, in- doesn’t happen. curity interests. The American people telligence information within the com- I saw my friend, the Senator from will remember that the Congress em- munity, and to maximize the dissemi- Florida, walking through here a powered an unelected bureaucrat while nation of intelligence consistent with minute ago. He reminded me that I was doing little else to protect against fu- protection of sources and methods. The the only Senator in 2000 to vote against ture intelligence failures. legislation recognizes that there will the Everglades Restoration Act. I did This process has been hurried and sometimes be a tension between the so because we did not have a core plan, rushed from the beginning. It has been need to share intelligence information a feasibility study, and we didn’t know tainted ever since the decision was and the need to protect intelligence about the cost. We were given assur- made to tie its consideration to a polit- sources and methods, and the DNI will ances that if we would pass that bill on ical schedule. be responsible for establishing policies that particular day, we would have a When the 9/11 Commission needed and procedures to resolve any conflicts feasibility study and the cost would more time to conduct its investigation in this area. The DNI’s guidelines are not exceed where they are today. Now into the September 11 attacks, the to foster a shift from a culture of we find out that the costs have dra- Congress acted magnanimously in undue secrecy by, among other things, matically exceeded the estimates in granting a 2-month extension. Senators allowing for dissemination of intel- 2000. said at the time: ligence products at the lowest possible

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11965 level of classification consistent with telligence information they need to do Border Protection, has required com- security needs—and in unclassified their jobs. And the legislation will also mercial aircraft and commercial ves- form to the extent possible. enable and encourage the diffusion of sels to electronically transmit advance The President will be responsible for information about terrorism to the passenger and crewmember informa- also establishing an information shar- American people. It has often been said tion in order to assist the Department ing environment for communicating that an informed citizenry is a bulwark in the effective inspection of pas- terrorism information beyond the in- against tyranny, but an informed citi- sengers and crew. Currently, passenger telligence community. This program zenry is also a bulwark against ter- vessels provide advanced passenger will facilitate the sharing of informa- rorism. By fostering the diffusion of in- manifests both upon the original depar- tion among all appropriate Federal, formation, consistent with the need to ture of the voyage and 24 to 96 hours State, local, and tribal entities and the secure intelligence sources and meth- before arrival into the United States. private sector. To help shift from a cul- ods, the legislation should help enable This provision will help streamline the ture of undue information protection the American people to have the infor- process, by requiring the manifest data that can impair our security efforts, mation they need to make informed de- be compared against one consolidated, the legislation instructs the President, cisions about the threats our nation comprehensive terrorist database, and among other things, to require a reduc- faces and the steps we must take to by requiring that the comparison be tion in overclassification of informa- overcome those threats. done prior to the departure of the ves- tion. The President will also issue Mr. NELSON of Florida. I would like sel. The cruise industry will do its part guidelines to ensure that information to make a statement in regard to an by ensuring that complete and accu- is provided in its most shareable form, important provision in the conference rate data is collected as early as pos- such as by using ‘‘tearlines’’ to sepa- report: Section 4071, Watch Lists for sible, and the Department of Homeland rate data from the sources and meth- Passengers Aboard Vessels. I would Security will work to ensure the com- ods by which the data is obtained. like to first commend the cruiseline in- parison is done effectively and effi- Ms. COLLINS. I thank the Senator. dustry for all of its proactive measures ciently, and make every effort to not Mr. President, some concerns have to enhance passenger vessel security. delay the departure of these vessels. been expressed to us about whether the Both the cruise industry and I share We expect the cruise industry and the authorities under this bill might be the same commitment—that is to en- Department to work closely together used, or abused, to unduly limit the sure the safety and security of the mil- on these issues throughout the rule- flow of information to the Congress, lions of passengers and crew traveling making process. Ms. COLLINS. I thank both Senators State and local governments, and the on their vessels each year, in addition for their excellent summary of the public. Nothing could be farther from to securing our ports. DHS reporting requirements currently our intent than to chill the appropriate In an effort to clarify the intent of in place. The intent of section 4071 is to the provision included in the Intel- and desirable dissemination of infor- encourage DHS to establish a simple ligence Reform Conference Committee mation. This bill does not grant any and timely method of collecting infor- new authority for the DNI or the Presi- Report, I want to take this opportunity mation. I want to make clear that the dent to establish a regime of undue to recognize the current procedures in intent of this provision is to ensure ac- government secrecy. The bill properly place at the Department of Homeland curate passenger vessel information is affords the DNI authority to protect Security in regard to passenger vessels collected and shared with the appro- intelligence sources and methods, but and express support for the increased priate authorities in an efficient man- this is the same authority that is cur- security procedures undertaken in this ner, so it may be compared against one rently vested in the Director of Central area. Currently, passenger vessels elec- consolidated database to be developed Intelligence. The legislation does not tronically transmit advance passenger by DHS. The provision is not an en- include any new provisions to crim- information through the Federal APIS tirely new requirement. It is based, in inalize or unduly suppress the lawful reporting system or through the 96- part, on current practices, but is de- sharing of unclassified information, hour advanced notice of arrival. This signed to utilize one consolidated and nor does the bill waive any existing allows the government to review all comprehensive terrorist database that protections of government employees passenger and crew manifest informa- can be used to screen crew and pas- who raise legitimate concerns by dis- tion and check against numerous Fed- senger data more effectively in all closing information to Congress or eral agency databases to ensure that transportation modes, while keeping through other lawful channels. all passengers and crew are cleared for delays to a minimum. I fully expect the DNI and the Presi- sailing, though not always before de- Mr. NELSON of Florida. I thank dent will exercise their responsibilities parture. Chairwoman COLLINS and Ranking under this bill in a way that fosters— The purpose of section 4071 is to pre- Member LIEBERMAN for their comments not unreasonably restricts—the flow vent terrorists or suspected terrorists and support on this important issue. and dissemination of information to from physically boarding cruise vessels Our efforts here today are focused on Congress, State and local officials, and that depart from U.S. and U.S. con- encouraging the Department of Home- the public. Certainly, if there is any in- trolled ports. Currently, both Customs land Security to further increase pas- dication that the authorities under and Border Protection and the Coast senger vessel security. I urge the De- this legislation are being misused to Guard require the submission of pas- partment to work closely with the unduly stifle the flow of information senger and crew manifests. This provi- cruise line industry in crafting this and to thereby defeat the purposes of sion would codify the reporting re- rule to prevent any unnecessary depar- the bill, I fully expect and intend that quirement for vessels, and ensure that ture delays from occurring. Congress will promptly look into and both manifests are checked against one TERRORIST SANCTUARIES DEFINITION remedy the situation. Congressional consolidated terrorist watchlist prior Ms. COLLINS. Mr. President, section oversight of these issues will be fos- to departure. The provision also in- 7102 of the conference report provides tered by the reports that are required cludes language which would allow the that the term ‘‘repeated provided sup- during the implementation and oper- Secretary to waive the requirement for port for acts of international ter- ation of the Information Sharing Envi- vessels embarking at a foreign port if rorism,’’ as used in the Export Admin- ronment, and through the establish- the requirement is impractical, how- istration Act, shall include, but not be ment of the Privacy and Civil Liberties ever, in such cases the passengers and limited to, ‘‘the recurring use of any Oversight Board. crew would continue to be screened part of the territory of the country as Does the Senator from Connecticut prior to arrival at a U.S. port accord- a sanctuary for terrorists or terrorist agree with my assessment? ing to the 96-hour rule. organizations.’’ I ask if the ranking Mr. LIEBERMAN. I could not agree Mr. LIEBERMAN. I thank the Sen- member on the Governmental Affairs more. This legislation is designed to ator from Florida for highlighting this Committee, Senator LIEBERMAN, would enable the Governmental and non-Gov- important matter. As the Senator clarify the addition of this criteria to ernmental entities with security re- pointed out, since January 2003 DHS, the definition used in the Export Ad- sponsibilities to have access to the in- through the Bureau of Customs and ministration Act.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11966 CONGRESSIONAL RECORD — SENATE December 8, 2004 Mr. LIEBERMAN. ‘‘The recurring use taken several months after some of of a negotiated rulemaking committee of any part of the territory of the coun- these same States claimed that they that would include representatives of try as a sanctuary for terrorists or ter- reformed their driver’s license issuance States, among other stakeholders. The rorist organizations’’ is not the only processes following the 9/11 tragedies. committee is empowered to make a factor the administration should take In October 2002, I introduced S. 3107, recommendation for the minimum into account when making determina- the Driver’s License Fraud Prevention standards to be promulgated by the De- tions of which nations are terrorist Act of 2002, with Senator MCCAIN, to partment of Transportation. The sponsors for the purposes of the Export address the glaring problems we uncov- mininum standards would address Administration Act. It is just one of ered with the hearing and the GAO among other issues 1. documentation the appropriate factors to be taken study. The core goal of that bill was to required as proof of identity of the ap- into account when the Secretary exer- allow for the Federal Government to plicant; 2. verifiability of documents cises his discretion to determine work with States and interested par- used to apply for a license; 3. proc- whether the government of a country ties to develop a set of minimum secu- essing of the applications to prevent has repeatedly provided support for rity standards to be applied uniformly fraud; and 4. security features to be in- acts of international terrorism. I un- to all States. cluded in the card. derstand from the State Department In drafting that bill, we had three On this point, I would like to com- that other factors that the Secretary main principles for reforming the State mend the chair of the Governmental of State typically takes into account processes: 1. reform must apply uni- Affairs Committee for her tireless ef- include: Whether the government of a formly to all 50 States; 2. State’s rights forts on behalf of the States’ interests. country is furnishing arms, explosives and jurisdictions must be respected; Senator COLLINS has worked to ensure or lethal substances to individuals, and 3. applicants, holders, and users of that this bill recognizes the limited groups or organizations with the likeli- driver’s licenses must have their pri- role of the Federal Government in this hood that they will be used in terrorist vacy, civil liberties, and other con- area—issuing driver’s licenses are a activities or whether a government is stitutional rights protected. unique State function and that we providing direct or indirect financial Then, a few months ago, when Sen- should not impose reform measures on States without their valuable input. backing for terrorist activities. ators MCCAIN and LIEBERMAN drafted S. Third, the rulemaking process in- Ms. COLLINS. I thank the Senator. 2774, their comprehensive bill to imple- cludes safeguards to protect the pri- DRIVER’S LICENSE AND PERSONAL ment the 9/11 Commission Report, I vacy and due process rights of appli- IDENTIFICATION CARD PROVISIONS worked with them to add a provision cants. Ms. COLLINS. Mr. President, I yield that would provide Federal standards for driver’s licenses. This addressed one Ms. COLLINS. If the Senator from Il- to the Senator from Illinois to speak linois would yield, I would like to on one of the provisions in the con- of the recommendations that the 9/11 Commission made: speak on that issue. ference report. Mr. DURBIN. I am happy to yield to [T]he federal government should set stand- Mr. DURBIN. Mr. President, I want the distinguished manager on the floor. to discuss section 7212 of the con- ards for the issuance of birth certificates and sources of identification, such as drivers li- Ms. COLLINS. I want to take this op- ference report accompanying the intel- portunity to thank Senator DURBIN for ligence reform bill that deals with min- censes. Fraud in identification documents is no longer just a problem of theft. At many his leadership on this issue. He and I imum standards for driver’s licenses entry points to vulnerable facilities, includ- serve together on the Governmental and personal identification cards. ing gates for boarding aircraft, sources of Affairs Committee and we have worked I am joined on the floor by Senators identification are the last opportunity to en- hand-in-hand on identity theft issues. COLLINS, LIEBERMAN, SUNUNU, and LAU- sure that people are who they say they are I wholeheartedly agree with what the TENBERG, who are all my colleagues on and to check whether they are terrorists. Senator has said, and I want to empha- the Governmental Affairs Committee, This provision was adopted unani- size again how important it is for the and who have been leaders in this ef- mously by the Senate as an amend- appropriate stakeholders to have a seat fort. I hope they will join in a colloquy ment to the Collins-Lieberman intel- at the table in developing a rec- to help explain what we collectively in- ligence reform bill, and is also in the ommendation for minimum standards tended as we drafted this provision. conference report before us today. I am that the Department of Transportation In the days immediately following glad to see that the provision in the will promulgate. I know that State of- September 11, 2001, we read in the conference report before us today lives ficials and their representatives from newspapers that the hijackers had in up to the three principles I outlined the National Governors Association their possessions multiple driver’s li- above. and the National Conference of State censes and State identification cards. First, the provision would prohibit Legislatures have raised serious con- The press reported that some of the Federal agencies from accepting, for cerns about Congress imposing un- nineteen hijackers had obtained these any official purpose, a driver’s license funded mandates on the States and pre- documents from DMV offices in States or identification card newly issued by a empting State laws on eligibility re- that, at that time, had lenient rules on State more than 2 years after the regu- quirements. That is why I support the issuing such documents. They also ob- lations on minimum Federal standards innovative approach we came up with tained other official-looking identifica- are promulgated, unless the document in the Senate bill and the conference tion documents from the Internet. conforms to such standards. The lan- report that would allow representa- In the last Congress, the Govern- guage also requires the Transportation tives of State officials to have a real mental Affairs Committee held a hear- Secretary to set a date after which no voice in the development of a rec- ing that revealed that the 9/11 terror- license may be accepted unless it con- ommendation for these Federal stand- ists took advantage of loopholes in forms to the new standards. ards. some State DMVs’ issuance processes This should encourage all 50 States That is also why I believe it is impor- that have been apparent for years to to work together and adopt the min- tant to emphasize that the conference anyone willing to obtain fake IDs. imum Federal standards at the same report includes language ensuring that Following the hearing, I asked the time so that no State will remain the any recommendation made by the ne- GAO to study how easy it would be for weakest link in our national efforts to gotiated rulemaking committee in- someone to obtain driver’s licenses and protect our homeland. We want to clude an assessment of the benefits and State ID cards from DMVs, using false make sure terrorists and criminals do costs of the recommendation. The re- pretenses. The GAO investigators went not forum shop for the easiest State port also states that the Secretary of out to several States and conducted from which to obtain fraudulent ID Transportation shall award grants to undercover operations where they tried cards. States to help them conform to the to obtain licenses using fake breeder Second, the language of the Senate minimum standards and that each documents, or using other false meth- bill as adopted in the conference report State shall receive a minimum alloca- ods. Incredibly, the GAO investigators requires a negotiated rulemaking proc- tion of grant monies to help offset the succeeded every single time. More in- ess under the Administrative Proce- costs of implementing the new Federal credibly, the GAO study was under- dure Act. This requires the formation standards.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11967 Mr. SUNUNU. Will the Senator yield Mr. LAUTENBERG. I thank the Mr. LIEBERMAN. The Senator from for a question? ranking member and also the chair of Maine has raised a very important part Ms. COLLINS. I am happy to yield. the Governmental Affairs Committee. I of our language that is worth empha- Mr. SUNUNU. I believe the National am pleased that they agree that it is sizing. Moreover, in making our coun- Governors Association and the Amer- important that representatives of in- try safer by tightening standards for ican Association of Motor Vehicle Ad- terested parties have a seat at the identification documents, we must ministrators both endorsed the Senate table, and I would emphasize that the never trample on any individual’s civil version of this language over the House negotiated rulemaking committee and due process rights. version because, among other things, should also include organizations with One of the standards we require for the Senate version provided the flexi- technological and operational expertise the rulemaking is for a State to con- bility and partnership between the in document security, in addition to fiscate a driver’s license or identifica- Federal and State governments. Is this organizations that represent the inter- tion card if any component or security an accurate portrayal of their position? ests of applicants. feature of the license or identification Ms. COLLINS. The Senator from New Mr. SUNUNU. I would also like to card is compromised. It is important Hampshire is correct, and I would also ask a follow-up question to the Senator that this standard, as well as all of the point out that the White House has from Connecticut. Although the con- standards, include procedures and re- also weighed in on that issue. In its ference report does not specify any par- quirements to protect the civil and due statement of administration policy, ticular group or organization to be in- process rights of all individuals who dated October 7, 2004, the White House cluded on the rulemaking committee, apply for and hold driver’s licenses and emphasized the need for ‘‘consultation it is certainly expected that privacy personal identification cards. with the states . . . to address impor- and civil liberties groups, along with Mr. DURBIN. I ask the Senator from tant concerns about flexibility, pri- organizations like the National Con- Connecticut a related question on how vacy, and unfunded mandates.’’ This ference of State Legislatures, the Na- this provision of the conference report conference report maintains those im- tional Governors Association, and the deals with the issue of immigration portant aspects of the approach in the American Association of Motor Vehicle laws. Senate bill. Administrators would play an impor- It is my understanding that the lan- Mr. SUNUNU. I thank the Senator. tant role in the rulemaking process. I guage of the conference report makes Mr. LAUTENBERG. I also have a would ask my colleague from Con- it clear that the Federal regulations to question for the Senator from Maine, necticut if I understand this provision be developed by the Department of or for any other Senator who helped correctly? Transportation cannot directly or indi- draft this important provision in the Mr. LIEBERMAN. I thank the Sen- rectly infringe on a State’s power to bill. Would the Senator yield for a ator from New Hampshire for his in- set eligibility criteria for who can question about who else would be inquiry. The Senator makes an impor- qualify to obtain a driver’s license or volved in the negotiated rulemaking? tant point in noting that the language identification card. So if a State has Ms. COLLINS. I see the distinguished of the conference report does not speci- unique reasons for allowing or prohib- Senator from Connecticut is on the fy any particular group or organization iting certain groups of people to hold floor and I wonder if the ranking Dem- to be included. However, I think a col- ocrat on the Governmental Affairs laborative rulemaking process would licenses based on their age, physical Committee, who is the expert on this be difficult to imagine without input disability, in-State residency, or legal issue, would be willing to engage in from interested groups and organiza- status in the United States, then, this dialog. tions. And I believe the distinguished, under the conference report language, Mr. LAUTENBERG. I will address chair of the committee would agree those would continue to be the State’s this question to the Senator from Con- that this is the intention behind our decisions. necticut. In reading section language. This issue was handled differently by 7212(b)(4)(B), I see that the negotiated Ms. COLLINS. I absolutely agree the other Chamber. The House bill had rulemaking committee to be estab- with the Senator from Connecticut language that would have taken away lished by the Secretary of Transpor- that the negotiated rulemaking process the States’ rights to determine eligi- tation has to also include ‘‘interested has to include groups that represent bility by imposing a new harsh legal parties.’’ What does the author of this the interest of many interested parties, presence requirement for the issuance provision understand to be the intent including the States, and applicants of driver’s licenses. This is the provi- of this category? for, and holders of, driver’s licenses. It sion that, I believe, created a lot of Mr. LIEBERMAN. I want to thank is also important to note the Depart- misunderstanding in the press about the distinguished manager for yielding ment of Homeland Security and other what the conference report does. to me, and the Senator from New Jer- Federal entities will represent the se- States around the country are al- sey for the excellent question. The gen- curity interests of the Federal Govern- ready struggling with the issue of eral legal criteria for selecting such ment in the process. whether to provide licenses to undocu- parties for inclusion in a negotiated This collaborative process among all mented aliens, and they should con- rulemaking is described in the Nego- parties is essential to ensure that the tinue to work on the issue through tiated Rulemaking Act. We have been final rule strikes the right balance of their own legislative processes. Con- told by many experts, including the all the competing interests. One of the gress should not preempt the rights of 9/11 Commission, that we need to ad- interests that should not be lost in this all 50 States through the backdoor. dress every vulnerability to prevent debate is the need for protecting pri- The issue of how our country treats any future attacks, and that we need to vacy and civil and due process rights of those who are here without proper doc- enlist the assistance of everyone who all applicants for, and holders of, driv- umentation is a complex one that in- can contribute to protecting our home- er’s licenses and personal identifica- volves myriad of overlapping immigra- land. So in this provision, we are really tion cards. 1 believe it is crucial that tion, foreign policy, and economic asking for experts and interested par- the American people be assured that laws. We should not open that debate ties who can bring some productive these new Federal standards will not here unless we are ready and willing to ideas to the table to join us in devel- encroach on their fundamental rights address all the comprehensive pro- oping these minimum Federal stand- and that their personal information posals that ought to be included in ards. Interested parties must also in- will be handled properly, respectfully, such a debate. clude groups or organizations pre- and securely. I certainly hope the President will senting the interests of applicants for That is why we included language in engage in this debate, and soon. But and holders of driver’s licenses and per- the conference report that specifically obviously, we cannot accomplish such sonal identification cards, such as con- requires the agency rulemaking to in- an enormous task of overhauling our sumer organizations and organizations clude procedural safeguards for the pri- immigration laws through the 9/11 representing immigrants. It is impor- vacy rights of applicants and holders of Commission bill, and the 9/11 Commis- tant that the interests of these groups driver’s licenses and identification sion did not ask us to do that. We be considered. cards. should not use this bill to require the

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11968 CONGRESSIONAL RECORD — SENATE December 8, 2004 States to turn their DMV employees Act of 1947 was adopted in order to pre- The centers are to be created within into immigration agents, and this con- vent another Pearl Harbor attack in the Office of the DNI, which also will ference report will not do so. the Cold War. This legislation seeks to house the National Counterterrorism Mr. LIEBERMAN. I thank the Sen- enable the intelligence community to Center, the National Counter Prolifera- ator from Illinois for pointing out this prevent another 9/11 attack from ter- tion Center, the National Intelligence language in the conference report. I rorists and other adversaries in the Council, and other entities whose pur- know that this is a complicated and 21st century. pose is to integrate and unify the ef- emotional issue and one which the Under this legislation, the DNI has forts of the various intelligence agen- States are already dealing with on a two primary responsibilities. cies to accomplish intelligence mis- State-by-State basis. I agree that the First, the DNI is the head of the in- sions. Among their responsibilities, the conference report language does not telligence community. In this capac- centers will provide all-source analysis allow the minimum standards to di- ity, the DNI will unify and optimize of intelligence, identify and propose to rectly or indirectly infringe on States’ the resources of the intelligence com- the DNI intelligence collection and power to set eligibility criteria for who munity to serve the President, the Na- analysis requirements, and have pri- can obtain a driver’s license or per- tional Security Council, and other in- mary responsibility for net assess- sonal identification card. telligence consumers. The direct locus ments and warnings. With their ability of the DNI’s authority is the National Ms. COLLINS. I thank the Senators to harness the capabilities of entities Intelligence Program, which is the new from New Hampshire, New Jersey, Illi- across the Intelligence Community and name for the National Foreign Intel- nois, and the distinguished ranking create a unified effort, the centers will ligence Program. The renaming of the member for their comments, their val- improve the intelligence community’s program signifies that the national se- uable contributions to this bill, and for ability to respond with speed and agil- curity threats of the 21st century participating in this colloquy. ity. straddle the foreign/domestic divide DNI, NCTC Each center will be led by a director Ms. COLLINS. Mr. President, the leg- and that our Intelligence Community who will be appointed by the DNI and must have capabilities that cross this islation that is before the Senate rem- serve as the DNI’s principal adviser in seam. edies the problem identified by the 9/11 that center’s area of responsibility. Second, the DNI is the principal in- Commission that there is no one in telligence adviser to the President. Ac- The center’s director reports to the charge of the U.S intelligence commu- cordingly, the DNI, not the CIA Direc- DNI. Each center will have a profes- nity. The Commission found that the tor, will be responsible for briefing the sional staff, including personnel trans- Director of Central Intelligence, DCI, President, including the President’s ferred, assigned, or detailed from ele- has too many jobs—namely leader of daily brief. As the President’s principal ments of the intelligence community the intelligence community, principal intelligence adviser, the DNI will rely as directed by the DNI. The centers intelligence adviser to the President, on the National Counterterrorism Cen- will be administratively distinct from and director of the Central Intelligence ter and the National Counter Prolifera- the intelligence agencies, just as the Agency, CIA—to do any of them effec- tion Center; additional National Intel- combatant commands are administratively. In addition, the Commission ligence Centers established by the DNI, tively distinct from the Military Serv- found that the DCI lacks sufficient au- which will have primary responsibility ices. This prevents a center from being thority to manage the Intelligence for analysis of particular topics or subsumed within and dominated by a Community, including authority over matters; the National Intelligence particular agency. funding, personnel, security, and tech- Council; and all of the analysts who re- I should add one point of clarifica- nology. side within the various agencies of the tion. The legislation calls on the DNI The intelligence community is domi- Intelligence Community. to explore creating an open source in- nated by its component agencies and is Mr. President, will the Senator from telligence center to improve the collec- organized into ‘‘stovepipes’’ that do Connecticut explain the National Intel- tion and analysis of open source mate- not share information adequately ligence Centers and their purpose? rials. This entity is different from the among themselves and with the rest of Mr. LIEBERMAN. I thank the Sen- national intelligence centers, which government effectively. The DCI lacks ator and agree with her statements. are organized on geographic or the authority to break-down these The National Intelligence Centers are a transnational topics rather than func- stovepipes and transform the Intel- critical element in the transformation tional topics like human or signals in- ligence Community into a 21st century of the intelligence community into a telligence. This center would be like enterprise. 21st century enterprise. The 9/11 Com- the agencies and entities in the intel- The intelligence community needs to mission stressed the role of the centers ligence community—like the CIA or operate as a network in order to in the restructured intelligence com- the National Security Agency—that counter 21st century terrorist networks munity. The Commission’s rec- are organized to exploit particular col- and other agile foes. Despite many im- ommendation stems from the pre-9/11 lection disciplines. pressive accomplishments since the 9/11 and current situation in which no one Ms. COLLINS. I thank the Senator attacks, the intelligence community is below the DCI is responsible for how and concur with his description of the unable to transform itself into a net- the CIA, the National Security Agency, centers. work due to its anachronistic structure and other intelligence agencies inte- This bill provides the DNI with sig- and is still oriented toward fighting grate their capabilities against specific nificant new authorities regarding such the bureaucratic nation-state enemies intelligence targets. areas as determining the National In- of the Cold War. The centers will provide unified di- telligence Program budget and exe- In response to the 9/11 Commission’s rection across the intelligence commu- cuting its appropriation, transferring findings, this legislation restructures nity to fulfill missions. They are analo- funds and personnel, and reprogram- the intelligence community by cre- gous to the Defense Department’s com- ming funds. I would like to summarize ating a strong Director of National In- batant commanders, who unify the some of these critical authorities. telligence, DNI, who can lead, shape, military services’ capabilities to per- Under this bill, the DNI will have and transform the 15 organizations of form missions and fight wars. The pur- sole authority to ‘‘develop and deter- the intelligence community into a co- pose of the National Intelligence Cen- mine’’ an annual budget for the Na- hesive network. It creates a DNI who ters can be summed up in one word: tional Intelligence Program based on has the authority needed to set the ‘‘jointness.’’ Just as, in the military, the budget proposals provided by the course for the intelligence community the Goldwater-Nichols Department of heads of the agencies and organizations and ensure that the course is followed. Defense Reorganization Act of 1986 of the intelligence community as well It is fitting that this legislation sought to integrate the military serv- as these agencies’ and organizations’ should be completed during the week of ices’ capabilities by strengthening the respective department heads. The word December 7, the day on which the combatant commanders, so this legis- ‘‘determine’’ in the legislation means United States was attacked at Pearl lation fosters greater jointness among that the DNI is the decisionmaker re- Harbor in 1941. The National Security the intelligence agencies. garding the budget and does not share

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11969 this authority with any department in order to pay for fact-of-life costs The DNI is also responsible for overhead. The DNI is to produce a consoli- such as increased fuel costs. The legis- seeing the coordination of the intel- dated annual budget for the National lation precludes any reprogramming or ligence community’s liaison with for- Intelligence Program, which ensures transfer of funds from the National In- eign intelligence and security services the integration of the agencies and en- telligence Program without the DNI’s to avoid having each agency of the in- tities within the intelligence commu- consent. In addition, apportionment telligence community pursue an indi- nity. plans—in which any ‘taxes’ would have vidualistic approach. The DNI will cre- The heads of such agencies and orga- to be reflected—are to be prepared at ate common policies and strategy nizations within the intelligence com- the DNI’s exclusive direction. Accord- among the various entities in the intel- munity must provide directly to the ingly, under this legislation, comptrol- ligence community to ensure max- DNI such other information as the DNI lers are not authorized to exact such imum returns from foreign liaison rela- requests for the purpose of determining ‘taxes’ unilaterally. Congressionally tionships. In implementing the DNI’s the budget. Thus, the DNI will have di- mandated cuts will also be imple- strategy, the CIA will coordinate for- rect access to information from such mented through the apportionment eign liaison ‘‘on the ground’’ in foreign agencies as the National Security process, which will occur at the exclu- countries. Agency in the budget-build process and sive direction of the DNI. The DNI should be in the chain of so be able to understand the needs of We have worked closely with White command involving the conduct of cov- each component of the Intelligence House, OMB, and the National Security ert action and will be responsible and Community when determining the an- Council staff in developing this budget accountable to the President for such nual consolidated national intelligence language, and all agree that this lan- conduct by the intelligence commu- budget. The department heads may not guage will provide the new DNI with nity, including their funding. The DNI interpose themselves between the DNI the full budget authority needed to would be undercut if the President and the heads of agencies and organiza- manage the national intelligence budg- interacted directly with the CIA Direc- tions within the intelligence commu- et and appropriation effectively. tor—who is the DNI’s subordinate—or nity. The new DNI will also have signifi- any other element of the Intelligence Whereas the DCI today effectively cantly expanded authorities to transfer Community directly regarding covert only has a role in the execution of the personnel and funds. After OMB’s ap- action. Instead, this legislation envi- CIA budget, the DNI will ‘‘ensure the proval and congressional notification, sions that the President will give or- effective execution’’ of the entire Na- the DNI may transfer personnel from ders regarding covert action directly to tional Intelligence Program appropria- one element of the intelligence com- the DNI, who will then task the CIA tion across the intelligence commu- munity to another for not more than 2 and other agencies of the Intelligence nity. The Director of the Office of Man- years as long as the transfer is for a community as appropriate. Mr. LIEBERMAN. I agree with the agement and Budget, OMB, for in- higher priority intelligence activity Senator’s statements. I would like to stance, must apportion National Intel- and supports an emergent need, im- elaborate on the CIA’s role under this ligence Program funds—whether for proves program effectiveness, or in- legislation. With respect to the CIA, creases efficiency. Most significantly, the CIA, Federal Bureau of Investiga- the 9/11 Commission stressed that the while personnel transfers must be made tion, FBI, National Security Agency, DNI should no longer be responsible for in accordance with procedures devel- or any other element of the intel- managing the day-to-day activities of oped by the DNI and department heads, ligence community—at the DNI’s ‘‘ex- the CIA. The legislation has been very those department heads will no longer clusive direction.’’ The DNI’s ‘‘exclu- carefully crafted to ensure that the Di- have the right to object to such trans- sive direction’’ is intended to extend to rector of the CIA is subordinate to and fers—as they do under current law. Fi- apportionment plans as well, which de- reports to the new DNI only, and not nally, the DNI is also provided addi- lineate how appropriated funds will directly to the President, but that the flow from the U.S. Treasury to the tional authorities to transfer a limited DNI does not manage the CIA’s daily agencies and entities of the intel- number of personnel upon the estab- activities. This situation is similar to ligence community. The DNI is further lishment of the Office of the DNI and how a CEO runs a company composed responsible for managing the National each time a new National Intelligence of various business divisions. The CEO Intelligence Program appropriation by Center is created. is the undisputed head but focuses on As I mentioned, National Intelligence ‘‘directing the allotment or allocation’’ high-level issues of strategy, policy, Program funds may not be transferred of such appropriation through the personnel, and budgets rather than get- or reprogrammed without the DNI’s ap- heads of departments containing ele- ting involved in the daily workings of ments of the intelligence community. proval except in accordance with pro- any single business division. Likewise, Department comptrollers must then cedures prescribed by the DNI. All the DNI should not manage the CIA allot, allocate, reprogram, or transfer transfers and reprogrammings must be and other intelligence agencies. No those funds ‘‘in an expeditious man- for a higher priority intelligence activ- CEO would run a company that way, ner.’’ ity; must support an emergent need, nor should the DNI manage the Intel- In order to ensure that the National improve program effectiveness, or in- ligence Community that way. Intelligence Program budget is exe- crease efficiency; and may not involve To emphasize that the DNI is no cuted in accordance with the DNI’s di- funds from the CIA Reserve for Contin- longer the head of the CIA, the legisla- rection, the DNI will ‘‘monitor the im- gencies or a DNI Reserve for Contin- tion stipulates that the Office of the plementation and execution’’ of the ap- gencies. Most importantly, the DNI DNI—which houses the centers and propriation, including by audits and will not require concurrence for such other entities designed to unify and in- evaluations. A department, agency, or transfers or reprogrammings from af- tegrate agencies’ capabilities—cannot entity has no authority to refuse or ob- fected department heads as long as be co-located with any other element struct DNI-mandated audits. If depart- they are less than $150 million and 5 of the intelligence community after ment comptrollers act in a manner in- percent of a department’s National In- October 1, 2008. This provision ensures consistent with the DNI’s directions, telligence Program funds and do not that the DNI is not put in the inher- then the DNI shall report such action terminate an acquisition program. ently conflicted position of being both to the President and to Congress with- Thus, the DNI will have unilateral au- the CEO of the intelligence community in 15 days. I expect that the DNI will thority to transfer or reprogram a sig- and closely aligned with one of the sub- need to create a chief financial officer nificant National Intelligence Program sidiary elements simultaneously. with comptroller-like responsibilities funds, subject to OMB approval and The Senator from Maine previously to implement these authorities. congressional notification. Permit me stated that the DNI, not the CIA Direc- Some observers have raised concerns to take a moment to mention the DNI tor, is the President’s principal intel- regarding whether departmental comp- Reserve for Contingencies. I believe ligence advisor and is responsible for trollers are able to ‘tax’ the National that creation of this reserve is impor- briefing the President or preparing the Intelligence Program appropriation tant to permit the DNI to meet special President’s daily brief. The CIA Direc- channeled through their departments circumstances that arise. tor is subordinate to and reports to the

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11970 CONGRESSIONAL RECORD — SENATE December 8, 2004 DNI only, and not directly to the Presi- I want to highlight two other DNI au- in practice that the DCI decides wheth- dent, both regarding intelligence ac- thorities. Current law precludes the er a satellite is to be positioned over tivities and covert action. The CIA Di- DCI from directing, managing, or un- North Korea or Iraq. Of course, the DCI rector should concentrate on ensuring dertaking electronic surveillance or consults closely with the Secretary of that the Central Intelligence Agency physical searches under the Foreign In- Defense—but the DCI is the final deci- transforms its human intelligence and telligence Surveillance Act, FISA un- sion-maker. And there is no evidence special activities capabilities to meet less otherwise authorized by statute or that the military has been dissatisfied the difficult challenges of the 21st cen- executive order. This legislation also in recent conflicts with the supply of tury. The CIA Director should also en- precludes the DNI from directing or un- intelligence from national collection sure that the Central Intelligence dertaking such operations. As the leg- assets. Agency trains analysts of the highest islation makes clear, the role of the The legislation’s provision regarding caliber for deployment to the centers Department of Justice and the Attor- tasking authority merely sharpens cur- and that whatever analysis is con- ney General under FISA are unaffected rent law by making the DNI’s author- ducted by the CIA in-house—which by this legislation. However, this legis- ity to task collection and analysis ex- would primarily be on topics for which lation does delete a restriction that plicit. In this way, the bill essentially there is no center—is done with the now precludes the DNI from managing codifies current practice. greatest independence, clearest objec- FISA collection. This change should The DNI’s tasking authority will be tivity, and best tradecraft. better ensure that national intel- critical to the DNI’s success. The 9/11 I would like to discuss for a moment ligence collected under FISA is used ef- Commission envisioned a strong, em- the CIA Director’s salary. Under cur- ficiently and effectively for national powered DNI, with more—not less—au- rent law, the DCI is paid at Executive purposes. thority to control the collection and Schedule Level II pursuant to section Current law also makes the CIA the analysis of intelligence information. 5313 of title 5, United States Code. The manager of all human intelligence op- The Commission cites specifically the legislation places the DNI at Executive erations. The legislation changes that DCI’s limited ability ‘‘to influence how Schedule Level I but does not delete formulation, authorizing the CIA to . . . technical resources are allocated the reference to the DCI at Executive manage human intelligence operations and used’’ as a problem. 9/11 Commis- Level II. Section 1081(b) of the legisla- abroad. The intent of the legislation is sion Report, p. 409. In a hearing before tion makes clear that any reference to not to have human intelligence oper- the Senate Armed Services Committee the DCI in the DCI’s capacity as the ations split among the CIA, the FBI, on August 17, 2004, Secretary of Defense head of the CIA in any law, regulation, and elements of other agencies with no Donald Rumsfeld spoke of the need to document, paper, or other record of the one in charge. Instead, it is the DNI rebuild the intelligence community United States shall be deemed a ref- who is in charge. Of course, the DNI ‘‘along 21st century lines.’’ According erence to the CIA Director. After pas- should not be spending his or her day to Secretary Rumsfeld, this reorganiza- sage of this legislation, the provision managing human intelligence oper- tion includes ‘‘a national intelligence in current law that states that the DCI ations. Instead, the DNI should dele- director with authority for tasking col- is paid at Executive Schedule Level II gate his or her authority to an official lection assets across the government.’’ will therefore refer to the CIA Direc- within the intelligence community, This legislation includes a provision tor. when appropriate. that the Senator from Connecticut and Ms. COLLINS. I thank the Senator Indeed, the issue of delegation is crit- I drafted requiring that the President and agree with his statements. I pre- ical. This legislation centralizes au- issue guidelines to ensure the effective viously discussed the purpose of the Of- thority in the DNI in order to clarify implementation and execution within fice of the DNI, which is to house enti- responsibility, authority, and account- the Executive branch of the authorities ties such as the centers which inte- ability for the intelligence community. granted to the DNI under this legisla- grate and unify the efforts of the var- However, the intent of this legislation tion, in a manner that respects and ious intelligence agencies to accom- is not that the DNI should retain all does not abrogate the statutory re- plish intelligence missions. The legisla- authority himself or herself. Like any sponsibilities of department heads. The tion authorizes the DNI to create new good CEO, the DNI should delegate and interaction among the DNI, depart- entities within the Office of the DNI to decentralize. This legislation central- ment heads, and heads of agencies and respond to new challenges, such as new izes authority so that the DNI can entities within the intelligence com- centers and ad hoc groups. build a network—with information, re- munity is critical and must be as The legislation also authorizes the sources, and personnel flowing freely smooth and efficient as possible. These DNI to coordinate the performance by across the agencies of the intelligence guidelines will be important for ensur- elements of the intelligence commu- community—that operates in a decen- ing such seamless interaction. nity of services of common concern tralized, fast, and flexible manner. For This provision does not authorize the that can be more efficiently accom- example, the DNI should delegate au- President or department heads to over- plished in a consolidated manner. For thority to the heads of the National In- ride the DNI’s authority as contained example, there may be information telligence Centers so that they can uti- in this legislation. This legislation has technology services, security services, lize capabilities throughout the intel- carefully crafted authorities for the and personnel services that are being ligence community to accomplish in- DNI—including budget, transfer, performed in duplicative or competi- telligence missions. tasking, et cetera—that give the DNI tive manner by various entities across Included in this legislation is very sufficient authority to manage the In- the intelligence community and that strong tasking authority for the DNI. telligence Community. This provision the DNI believes would be more effi- Under current law, the DCI has author- is not intended and should not in prac- ciently performed—such as by exploit- ity to task assets across the intel- tice trump or undermine in any way ing economies of scale, or preventing ligence community to collect informa- the DNI’s authorities contained in the discrepancies between agencies—when tion. Pursuant to the National Secu- legislation. done in consolidated manner. The DNI rity Act of 1947 as amended, the DCI In addition, the legislation amends may select one entity within the intel- controls the tasking of national intel- the Secretary of Defense’s authority to ligence community to perform those ligence assets. Section 403–3 of Title 50, implement the DNI’s decisions regard- services for the community. The DNI United States Code, states explicitly ing the National Intelligence Program, may also create a new entity within that the DCI ‘‘determine[s] collection contained in section 105(a) of the Na- the Office of the DNI to perform such priorities, and resolve[s] conflicts in tional Security Act of 1947 as amended, services. I expect that the DNI will ex- collection priorities levied on national to ensure that the Secretary of Defense ercise this authority in order to collection assets.’’ The President’s lat- does not interact with the Intelligence streamline the intelligence commu- est Executive Order 13355 on the issue Community in a way that is incon- nity, reduce discrepancies across agen- is even stronger: It gives the DCI au- sistent with the DNI’s authorities. This cies, and save resources that can be de- thority to ‘‘manage collection provision is another example of voted to producing better intelligence. tasking.’’ This language is interpreted Congress’s intent to create a strong

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11971 DNI with sufficient authority to man- our citizens and our soldiers. Reforms a dual line of reporting: (1) to the DNI age and be accountable for the Intel- that help achieve greater ‘‘unity of ef- regarding the NCTC’s budget and pro- ligence Community, including those fort,’’ as the 9/11 Commission put it, grams and concerning intelligence elements within the Department of De- will clearly benefit our troops in the matters, and (2) to the President re- fense. field because information critical to garding Executive branch-wide plan- Some observers have raised concerns their safety and success could just as ning. This arrangement reflects the na- that this legislation will impede the easily come from the CIA or the FBI as ture of the NCTC’s mission, which is flow of intelligence to the warfighter. I from the Pentagon’s own intelligence both to integrate intelligence—for believe that nothing is further from systems. Similarly, the vital clues to which the DNI is the ultimate author- the truth. The warfighter will benefit stop the next attack on our own soil ity—and to conduct Executive branch- from far-reaching intelligence reorga- could come from the National Security wide planning—which is beyond the nization that creates a DNI with sig- Agency or the other national intel- DNI’s jurisdiction. nificant authorities. The DNI will have ligence agencies within the Depart- As per the Commission’s proposal, the power to force the various Defense ment of Defense. Fully connecting all the NCTC will have two directorates to and non-Defense intelligence entities these pieces is now critical to our total reflect its dual mission. The NCTC’s to work together seamlessly, creating security effort. Directorate of Intelligence will in es- a more accurate intelligence product But as the 9/11 Commission showed in sence be the national intelligence cen- that can be shared more quickly than its powerful report, we will not succeed ter for counterterrorism, but the NCTC today. The DNI would also be a single if there is no one in charge who is able will be more than just a strengthened point of contact for the military—and to forge unity among all of our intel- TTIC. The NCTC will transcend the the military would know whom to hold ligence agencies. A fundamental lesson TTIC because the NCTC will clearly be responsible if intelligence from na- of bureaucracy is that there will be no preeminent in the intelligence commu- tional assets is inadequate. The DNI in- coordination at the working levels if nity for counterterrorist analysis, will evitably will prioritize the warfighter’s there is no unified authority at the propose collection requirements to the need for intelligence, subject to the di- top. And there will be no real unified DNI and otherwise integrate the intel- rection of the President as to overall authority in the intelligence commu- ligence community’s capabilities, and intelligence priorities. nity unless a Director of National In- will attract the best professionals from Mr. LIEBERMAN. I thank and agree telligence has significant authority across the intelligence community. with the Senator. This reform legisla- over budgets and people. Our troops The tasks of this directorate are simi- tion will benefit our troops in the field, battling in Iraqi streets must have, in lar to those of any national intel- as well as better protect our citizens at real time, not simply traditional mili- ligence center: integrating the activi- home. tary intelligence on the force levels ties of intelligence agencies such as the The 9/11 Commission found that the they face, but CIA-developed intel- CIA and the National Security Agency; U.S. intelligence agencies are still or- ligence on the nature and identity of performing all-source analysis on ganized to counter yesterday’s challenges, not today’s threats. During the the al Qaeda and insurgent combatants transnational terrorism; being the re- Cold War, the enemy was well-known, firing at them. pository for intelligence on trans- Ms. COLLINS. I thank the Senator and our intelligence was appropriately national terrorism; conducting net as- from Connecticut and agree with his focused on determining its capabilities. sessment matching terrorist capabili- statements. Mr. President, I wonder if We could tolerate then a stove-piped ties and intentions with U.S. my distinguished colleague from Con- intelligence system where the FBI’s in- vulnerabilities and countermeasures; necticut would be kind enough to de- telligence efforts were separate and and warning about potential threats. scribe the National Counterterrorism Some observers question whether the disconnected from overseas and military intelligence because our enemies Center provision in our bill. NCTC will absorb all the counterterror- Mr. LIEBERMAN. I thank the Sen- were not attacking us from within our ism analysts from across the intel- ator from Maine. The 9/11 Commis- borders. We could tolerate then a sepa- ligence community. However, those sion’s recommendation for a National rate overseas intelligence system run who question whether the NCTC would Counterterrorism Center, NCTC, arises by the CIA because there was no clear drain our precious supply of analysts from two main findings. First in keep- reason to integrate foreign military actually prove the case for the NCTC— ing with the Commission’s general and domestic intelligence. We could because there are so few analysts, we finding regarding the intelligence com- tolerate then a separate military intel- need to centralize this precious re- ligence system because we faced a mili- munity, the intelligence agencies are source rather than dissipate them tary force comparable to our own, not fully integrated in their efforts across the intelligence community. using conventional tactics against us, against terrorism. No one below the And the same reasoning applies to the different from the threats we faced at DCI has responsibility, accountability, National Counterproliferation Center home. and authority for the counterterrorism and the National Intelligence Centers In the war on terror, all that has mission. Second, counterterrorism re- as well. changed. The threat has become asym- quires an integrated Executive branch- The NCTC’s second directorate is for metrical, meaning a weaker enemy at- wide effort in which departments and Strategic Operational Planning. This tacks a stronger force at its points of agencies beyond intelligence must directorate would conduct strategic vulnerability. That’s how al-Qaeda op- work together on a tactical level, with operational planning for the entire Ex- erates, working in the shadows, attack- agility, and a rapid pace—like a net- ecutive branch—ranging from the coming us on all fronts: domestic, overseas, work—but today ‘‘stovepipes’’ still bat commands, to the State Depart- civilian and military. dominate the Executive branch. Al- ment, to the FBI’s Counterterrorism The cold fact is that the killing zone though departments and agencies are Division to the Department of Health has expanded. This requires a much cooperating at unprecedented levels, and Human Services to the CIA. more integrated and more agile intel- the Commission concluded that such Witnesses at the Committee on Gov- ligence apparatus. It requires someone cooperation is more confederative than ernmental Affairs hearing on August in charge with the authority to force truly joint and integrated. To remedy 26, 2004, argued that interagency oper- disparate agencies to share informa- these two problems, the Commission ational planning is already taking tion, to determine overall priorities, proposed that the NCTC be responsible place organically and thus there is no and to make sure we maximize the re- for both joint counterterrorism intel- need for the NCTC. Yet the witnesses turn on our enormous investment in ligence and joint counterterrorism could only identify planning processes intelligence so that we will be success- operational planning. within their organizations in which ful at thwarting an enemy determined The legislation creates the NCTC representatives from other agencies to kill civilians as well as military along the lines of the Commission’s were involved, not a single truly joint combatants. model. Per the Commission’s rec- planning process across the Executive A modernized intelligence commu- ommendation, the NCTC director is a branch. The military had a process— nity will help us better protect both Deputy Secretary-equivalent and with but so did then-DCI George Tenet, who

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11972 CONGRESSIONAL RECORD — SENATE December 8, 2004 had a daily counterterrorism meeting. With respect to the assignment of perience that will be invaluable to the And the multitude of joint planning roles and responsibilities, the NCTC DNI in managing the intelligence com- processes drain personnel, time, and re- will not dictate to each department or munity. This legislation supplants the sources. Moreover, the lack of a central agency which personnel or capabilities DDCI/CM but transfers the official’s coordinating mechanism provides no to utilize, unless the selection of the staff as the DNI considers appropriate safety net for an issue falling through personnel or capabilities directly im- to the Office of the DNI. The DNI can the cracks when each agency—viewing pact the mission such as a risk calcula- then build on this staff as necessary to it through a stovepipe—misses the tion or likely collateral damage. implement the DNI’s new authorities. issue’s overall significance. There Perhaps the best example of an issue Finally, I would like to describe the should be only one interagency stra- for strategic operational planning is implementation of this legislation. The tegic operational planning process, run the hunt for Osama bin Laden. There is legislation does not permit the current by the NCTC, for counterterrorism. no policy dispute about the objective; DCI to become the DNI without going The Commission has analogized this all departments and agencies agree. through the Presidential nomination directorate to the J–3 Directorate of But the mission inherently cuts across and Senate confirmation process for Operations of the Joint Staff, which the Executive branch: Intelligence the DNI position. This legislation gives works for the Chairman of the Joint agencies must find bin Laden’s where- the DNI different authorities and re- Chiefs of Staff. J–3 does planning for abouts, diplomats must pressure coun- sponsibilities than the DCI has today. operations conducted by the combatant tries to cooperate, public diplomacy As such, the Senate will need to pro- commands. However, because the must persuade his sympathizers to vide advice and consent to the Presi- Chairman is not in the Defense chain of turn him in, and special operations dent’s selection for the DNI. command, J–3 has no operational au- forces must raid suspected sanctuaries. Title I of the intelligence reform leg- thority to enforce its plans on the com- Some of the action is longer-term, such islation takes effect not later than six batant commands. The Chairman’s as using diplomatic and economic pres- months after the Act’s enactment. The stature gives J–3’s plans a certain sure to win countries’ cooperation. legislation envisions that the President amount of persuasive authority, but J– Some of the action is very short-term. will decide upon the effective date for 3 has no direct authority over the com- For example, the NCTC would rec- title I and may effectuate parts of title batant commands. As the Commission ommend to the CIA and the Defense I at different times within that 6- has stated explicitly, and as reflected Department’s Special Operations Com- month period. For example, the Presi- in this legislation, the NCTC’s Direc- mand, SOCOM, whether to infiltrate or dent could decide that all or parts of torate of Strategic Operational Plan- raid a sanctuary; indeed, one can imag- title I become effective upon the con- ning has no operational authority. Ac- ine a situation in which the CIA rec- firmation of the DNI. Until such time cordingly, the NCTC would not inter- ommends infiltrating while SOCOM as the President determines—but in no fere with the military chain of com- recommends raiding, and now the only event later than six months after en- mand. independent interagency body that can actment—the DCI will remain head of I would like to discuss in-depth the help resolve the issue is the National the intelligence community and the definition of strategic operational Security Council staff. If SOCOM ob- DDCI/CM and the various assistant planning. Some observers have advo- jected, then the legislation’s provision DCIs will continue to report to him. cated confining the NCTC’s operational for the resolution of disputes would The legislation requires that the Presi- planning function to high-level stra- apply. If the CIA and SOCOM accepted dent submit an implementation report tegic issues, such as fashioning an Ex- the NCTC’s plan, the NCTC would not to Congress not later than 180 days ecutive branch-wide strategy for win- dictate how the department or agency after the act’s effective date, but it is ning Muslim ‘‘hearts and minds’’—leav- performed the mission, i.e., how the desirable that this report be submitted ing more tactical planning to the agen- CIA infiltrated the group or SOCOM ex- as soon as possible. cies individually. An Executive branch- ecuted the raid. Some provisions in title I explicitly wide ‘‘hearts and minds’’ strategy An analogy for strategic operational state that they are effective on the would fall within the NCTC’s purview, planning is like lanes in a highway, act’s date of enactment, namely the but the NCTC must reach below that each lane symbolizing an agency’s ex- transfer of the TTIC or its successor to strategic level in order to have the im- pertise (e.g., special operations, espio- the NCTC and the transfer of the staff pact envisioned by the Commission and nage, and law enforcement). The NCTC of the DDCI/CM to the Office of the this legislation. will not tell each agency how to drive DNI as appropriate. The NCTC has al- The legislation defines strategic in its lane. But effective counterterror- ready been created by Executive order, operational planning to include ‘‘the ism requires choosing which lane— absorbing the TTIC. With respect to mission, objectives to be achieved, meaning which type of activity, and the staff of the DDCI/CM, that staff tasks to be performed, interagency co- thus which agency, to utilize in a par- does not cease to exist upon the act’s ordination of operational activities, ticular situation. The NCTC would se- enactment but rather becomes avail- and the assignment of roles and respon- lect the lane but would have no author- able for transfer to the Office of the sibilities.’’ Examples of missions in- ity to order an agency to drive. DNI after the Office of the DNI is es- clude destroying a particular terrorist Returning to the discussion of the tablished. group or preventing a terrorist group DNI’s authorities, I note that the new This legislation requires the DNI to from forming in a particular area in DNI will take on a number of addi- take various actions within 180 days of the first place. Objectives to be tional duties and responsibilities be- the act’s enactment, including submit- achieved include dismantling a ter- yond what the DCI has today. I would ting a report to Congress concerning rorist group’s infrastructure and logis- ask my friend from Maine, how will the operational coordination between the tics, collapsing its financial network, new DNI manage the new community CIA and the Defense Department, as- or swaying its sympathizers to with- functions that he or she will need to di- signing an individual or entity to be re- draw support. Tasks include recruiting rect as head of the intelligence commu- sponsible for analytic integrity, and a particular terrorist, mapping a ter- nity? identifying an individual to serve as an rorist group’s network of sympathizers, Ms. COLLINS. I thank my colleague ombudsman. The DNI also shall pre- or destroying a group’s training camp. and agree with his statements. The scribe regulations and other directives Examples of interagency coordination new DNI will not need to create a staff not later than one year after the act’s of operational activities include the from scratch to manage the intel- enactment. Thus we hope that the hand-off from the CIA to the Depart- ligence community. Today, the DCI re- President will move speedily to nomi- ment of Homeland Security and the lies on the Deputy Director of Central nate an individual to serve as the DNI. FBI of tracking a terrorist as that ter- Intelligence for Community Manage- The threats arrayed against the United rorist enters the United States, or the ment, DDCI/CM, and that official’s States do not afford us a grace period. coordination between CIA and special staff to coordinate the activities of the INFORMATION SHARING operations forces when operating intelligence community. This profes- Mr. LIEBERMAN. Mr. President, I against a terrorist sanctuary abroad. sional staff already has substantial ex- wish to call attention to an important

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11973 part of this legislation—the provision than creating whole new, and poten- eral Government. By placing a single in section 1016 on information sharing. tially overlapping, systems, and em- individual in charge of the develop- The effective use of information, ploys an information access management of the ISE, the legislation seeks from all available sources, is essential ment approach that controls access to to ensure the accountability and focus to the fight against terrorism. The 9/11 the data rather than just systems and necessary to accomplish this critically Commission, in fact, concluded that networks without sacrificing security. important task. the biggest impediment to all-source And it includes incorporating protec- Although the President has discre- analysis, and to a great likelihood of tions for individuals’ privacy and civil tion to determine whom to designate ‘‘connecting the dots,’’ is the resist- liberties from the very beginning—both as program manager, it is essential, ance to information sharing. As the in the policies of the environment and and required by subsection 1016(f)(1), commission documented, in the period in technologies and processes to ensure that the program manager have and ex- preceding September 11, 2001, there that the policies are adhered to. ercise government-wide authority; the were instances o potentially helpful in- Mr. LIEBERMAN. Another impor- ISE will involve the sharing of ter- formation that was available but that tant aspect of this provision is the rorism-related information from across no person knew to ask for; information mechanisms it puts in place to ensure the government, including from enti- that was distributed only in compart- that this new approach to information ties outside the intelligence commu- mented channels; and information that sharing actually gets implemented. We nity—whether bioterror information was requested but could not be shared. have known for some time now about from the Centers for Disease Control or As a result of its findings, the com- the critical importance of information relevant border information from Cus- mission urged that a new approach to sharing in the fight against terrorism. toms and immigration offices at the information sharing be developed that But translating generalized calls for Department of Homeland Security—so would help move from a ‘‘need-to- improved information sharing into a that the program manager will be know’’ culture of information protec- working, fundamentally changed sys- someone with responsibilities that cut tion to a ‘‘need-to-share’’ culture of in- tem requires hard and sustained work. across the Federal Government as well. tegration. Noting that no single agency To help ensure that this ambitious new Although the DNI is, and will continue could develop a meaningful informa- effort will succeed, and that the ISE is to be, responsible for setting information sharing system on its own, the actually implemented as envisioned, tion sharing standards throughout the commission recommended a new, gov- the legislation provides for a staged de- intelligence community (a responsi- ernment-wide approach, based on the velopment process, with periodic re- bility expressly recognized in sub- conceptual model of the Systemwide porting and the promise of significant section 1016(e)(10)(A)), it is not our in- Homeland Analysis and Resource Ex- and sustained Congressional oversight. tent that the DNI also assume the fur- change SHARE Network proposed by a The first benchmark in the ISE de- ther responsibilities of program man- task force of leading professionals as- velopment process is 180 days after en- ager. We expect and intend that whom- sembled by the Markle Foundation. actment: by this date, a review must be ever is designated as program manager This legislation puts the commis- conducted of current agency capabili- will have the development of the ISE sion’s information sharing rec- ties; in addition, a description of the as their sole or primary responsibility, ommendations in place, requiring that technological, legal and policy issues and we believe that it is desirable that the President establish a new, govern- presented by the creation of the ISE, the individual have management exper- ment-wide Information Sharing Envi- and how they will be addressed, must tise in enterprise architecture, infor- ronment ISE to share information be submitted to the President and Con- mation sharing and interoperability. among federal, State, local and tribal gress. Within 270 days of enactment, The legislation provides that the pro- entities, and, where appropriate, with the President is required to issue gram manager is to serve for 2 years, the private sector which owns or con- guidelines for acquiring, accessing, during the initial development of the trols much of the nation’s critical in- sharing, and using information, and, in ISE, to ensure that the project gets off frastructure)—in a manner consistent consultation with the Privacy and to a sound start. As part of the imple- with national security and with the Civil Liberties Oversight Board estab- mentation plan to be submitted to Con- protection of privacy and civil lib- lished in section 1061 of the legislation, gress after one year, the program man- erties. guidelines to protect privacy and civil ager is to recommend a future manage- Ms. COLLINS. I agree whole- liberties in the development and use of ment structure for the ISE, including a heartedly with my colleague about the the ISE. These two sets of guidelines recommendation as to whether the po- importance of these information shar- are critical in defining the framework sition of program manager should con- ing provisions. I also want to empha- of the ISE, and their issuance will pro- tinue. During this two-year start up pe- size that the ISE is not some mam- vide an important opportunity for Con- riod, the program manager will be as- moth new database. Indeed, it is not gress to evaluate the proposed direc- sisted in his or her efforts by an Infor- just technology, but rather represents tion of the ISE. Within a year, a de- mation System Council established by a combination of technologies and poli- tailed implementation plan for the the legislation and based on the exist- cies designed to facilitate the appro- ISE, including budget estimates and ing Information System Council estab- priate sharing of terrorism informa- proposed performance measures, must lished by the President through execution. be submitted to Congress, which will tive order. The council, made up of rep- Section 1016 includes a list of at- provide for a further opportunity for resentatives from agencies partici- tributes the ISE is required to have. Congressional evaluation. Finally, in 2 pating in the ISE, will not only advise These include such things as facili- years, and annually thereafter, the the President and the program man- tating the sharing of information President must submit a report to Con- ager, but also, among other things, among those who have differing levels gress on the state of the ISE and of in- provide a means of coordinating among of access or clearance or different ca- formation sharing across the Federal the various agencies participating in pacities to make use of the informa- Government. the ISE, helping to resolve interagency tion—i.e., providing information from Ms. COLLINS. In addition to the disputes that may arise. In performing the beginning in its most shareable step-by-step development process my its duties, the council is to consider form, so that the maximum number of colleague has described, I would also input from those outside the Federal individuals can access the information note that the other key means by Government as well—including state, in at least some meaningful form at its which the legislation seeks to ensure local, and tribal officials and those in earliest point of consumability—while the successful implementation of the the private sector who are potential having additional details available to ISE is through the appointment of a participants in the ISE or who have those who are granted appropriate ac- program manager. Not later than 120 relevant policy or technical expertise. cess; in this way, the right information days after enactment of the legislation, I also note the legislation provides gets to the right consumer at the right the President is required to designate that the individual agencies that pos- time. It also includes building on exist- an individual who is to be responsible sess terrorism information or other- ing systems where possible, rather for information sharing across the Fed- wise participate in the ISE are to fully

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11974 CONGRESSIONAL RECORD — SENATE December 8, 2004 cooperate in the development of the vacy and civil liberties and adhering to with a board request for information ISE. The cooperation of all relevant applicable rules. Further, the bill pro- only in cases where the DNI in con- agencies is critical to the success of vides the board with the tools it will sultation with the Attorney General, this government-wide information need to carry out its functions. determines that withholding informa- sharing effort, and agencies can expect Mr. LIEBERMAN. I agree with the tion from the board is necessary to pro- Congressional oversight to ensure that Senator from Maine that the board will tect the national security interests of they are planning for, and fully con- have the tools necessary to carry out the United States or where the Attor- tributing to, the construction of the its purpose. In its advice role, the ney General determines that with- ISE. board has a broad mandate to review holding the information is necessary to PRIVACY AND CIVIL LIBERTIES OVERSIGHT and provide advice to the President and protect ongoing sensitive law enforce- BOARD to federal agencies on proposed poli- ment or counterterrorism operations. Mr. LIEBERMAN. Mr. President, cies, whether or not codified formally In light of the fact that board members among its other significant provisions, in regulations, and on the implementa- must in any event have appropriate the bill before the Senate, S. 2845, es- tion of new and existing laws, regula- clearances to see classified informa- tablishes a new Privacy and Civil Lib- tions and policies, in order to ensure tion, as well as the expected nature of erties Oversight Board. Waging the war that privacy and civil liberties are ap- the board’s work, we anticipate that on terror has required that the federal propriately considered. Following a re- these exceptions will rarely need to be government take steps that consoli- lated 9/11 Commission recommenda- invoked. date governmental authority and in- tion, the board is further specifically In addition to getting information crease the government’s presence in directed, when providing advice to ex- from the executive branch, the board our lives. As the 9/11 Commission ob- ecutive branch officials on proposals to may also request information and as- served, this shift of power and author- retain or enhance particular govern- sistance from State, local and tribal of- ity to the government, while nec- mental powers, to consider whether the ficials, and it may request documents essary, calls for ‘‘an enhanced system need for those powers have been bal- or testimony from others outside the of checks and balances to protect the anced against the need to protect civil executive branch, including private precious liberties that are vital to our liberties and privacy and whether there parties who may have relevant information, such as former federal employ- way of life.’’ Following the commis- are adequate guidelines and super- ees and government contractors. Al- sion’s recommendation on this point, vision to ensure that the use of the though the board does not itself have this bill creates, for the first time, a power is properly confined and that the authority to subpoena documents Board that can look across the federal privacy and civil liberties are pro- from private parties, if the card is un- government and ensure that liberty tected. able to obtain relevant information concerns are appropriately considered Although the board has no authority from a nongovernmental party, it may in the policies and practices of the ex- to veto or delay executive branch ac- refer the matter to the Attorney Gen- ecutive branch. tions, executive branch officials are ex- eral, who may take such action as ap- Ms. COLLINS. Specifically, the board pected to routinely consult with the propriate to ensure compliance, includ- established in the bill is to be made up board, and the board to routinely re- ing the use of compulsory process. of five members, who are to be ap- view and provide input, on the develop- I would also like to note that al- pointed by, and serve at the pleasure ment and implementation of policies though the board’s jurisdiction is not of, the President. Two of the five mem- intended to protect the Nation a intended to extend beyond matters re- bers—the chairman and vice-chair- against terrorism; indeed, a suggestion lated to efforts to protect the Nation man—are also required to be Senate- in conference negotiations that would against terrorism—to, for example, confirmed. To help ensure an inde- have limited the board to providing ad- claims that the IRS is not adequately pendent and effective board, all of the vice only when requested by the head protecting the confidentiality of tax members are to come from outside the of an agency was specifically rejected. returns—it is our intent its jurisdic- federal government and are expected to It is our intention that the board be- tion be interpreted inclusively, to be people of stature, selected on the come an institutionalized voice that reach, for example, laws that were basis of their achievements, experience ensures that privacy and civil liberties originally adopted to protect against and independence. All of the members concerns are always considered and, terrorism, but may now have been of the board are expected to devote sig- where appropriate incorporated, in pol- turned towards other purposes. nificant time to this important endeav- icy making. Ms. COLLINS. I thank my colleague or, and the chairman may be appointed With respect to its oversight role, the for his clear explanation. Just as im- to a full-time position; given the broad board has broad authority to review portant to the other authorities pro- responsibilities of the board, we believe and investigate executive branch ac- vided to the board is ensuring some that having a full-time chairman tions, whether limited to a single agen- transparency of the activities of the though not required would usually be cy or involving interagency policies, to board. Transparency helps to give con- the wisest course. determine whether the government is fidence to the American people that The Privacy and Civil Liberties Over- appropriately protecting privacy and the protection of their civil liberties sight board’s purpose is to ensure that civil liberties. To carry out this func- and privacy is being addressed as we privacy and civil liberties concerns are tion effectively, the board has been take actions to further protect our Na- appropriately considered in the imple- given investigative powers similar to tion from terrorism. To that end, the mentation of all laws, regulations, and those of a government-wide inspector board is to report to Congress at least policies that are related to efforts to general. Specifically, the and is to have annually on its activities, and may do protect the Nation against terrorism. access to all relevant documents and so more frequently, as would be ex- The board is empowered to carry out materials in the executive branch, in- pected should the board complete an its mission in two equally important cluding classified information, and to important investigation or otherwise ways. First, the board is to advise pol- all relevant federal officials to inter- make findings or recommendations of icy makers at the front end, to ensure view them and take statements. De- which Congress would wish to be ap- that when executive branch officials partments and agencies, moreover, are prised. The bill requires that the are proposing, making or imple- required to cooperate with the board: if board’s reports to Congress be unclassi- menting policy, they appropriately the board believes information or as- fied to the greatest extent possible, in consider and protect privacy and civil sistance has been unreasonably re- order to facilitate public discussion of liberties. Second, the board is to confused, it is to notify the relevant agen- the board’s activities; where it is nec- duct oversight, by investigating and re- cy or department head, who, unless the essary to include classified information viewing government actions at the information cannot lawfully be pro- in the reports, it is to be included in a back end, reviewing the implementa- vided to the board, is to ensure compli- separate classified annex. Whether and tion of particular government policies ance with the request. when to release reports directly to the to see whether the government is act- The bill provides an exception to the public or to otherwise engage in activi- ing with appropriate respect for pri- requirement that an agency comply ties that directly involve and inform

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11975 the public is left to the discretion of 11 Commission into reality. Thanks to fined as ‘‘early’’ or ‘‘soon.’’ It is my ex- the board, but we believe that given their tireless and bipartisan effort, I pectation that whether it is a member the public importance of the issues en- and my colleagues today can point to a of Congress or a committee seeking the trusted to the Privacy and Civil Lib- provision in the intelligence reform Board’s decision on the proper classi- erties Oversight Board, openness is bill that will clear the fog of unneces- fication of information, the Board will called for and will ultimately foster sary secrecy that has for too long get back to the requester expedi- public trust that the government is ap- clouded our national intelligence pic- tiously. propriately protecting privacy and ture. As the principal sponsor of this I am of the view that the problems in civil liberties as it continues to vigor- bipartisan provision, which will estab- our intelligence community will not be ously fight the war on terror. lish for the first time an appeals proce- addressed until the problems in the na- Also intended to foster this public dure that members of Congress may tional security classification system trust is the fact that, while the board use regarding the classification of ma- are addressed. Thomas Kean, who is exempted from the requirements of terials for national security purposes, I chaired the 9/11 Commission, said that the Federal Advisory Committee Act wish to explain how I envision this new three-quarters of the classified mate- because, as a permanent, ongoing enti- process working. rial he reviewed for the Commission ty, it does not fit comfortably into the The power to classify documents as should not have been classified in the mold of the usual subjects of that act, secret is one of the most powerful tools first place. Now, as the Senate acts on the board is expressly subject to the in American Government, and it seems the conference report that strongly re- Freedom of Information Act, like any to be very much in vogue. Over-classi- flects the 9/11 Commission rec- other agency. fication of documents is now the rule ommendations, it only makes sense to Mr. LIEBERMAN. I would also like rather than the exception. Documents include this provision. to point out that the bill encourages are sometimes classified for political I have no illusions that this classi- federal departments and agencies in- reasons rather than to protect national fication appeals mechanism will abol- volved in law enforcement and anti- security interests. Last year alone, the ish the strongly rooted institutional terror functions to designate an agency Federal Government spent $6.5 billion bias in favor of overclassification, but official to serve as a privacy and civil creating 14.3 million new classified doc- taken in conjunction with the overall liberties officer. Such officers, modeled uments. That is double the number of review of the standards used to classify on similar officers at the Department documents 10 years ago. This awesome information contained in other sec- of Homeland Security and newly cre- power should be used judiciously, and tions of the conference report, it is a ated in the Office of the DNI, can play it surely should not be the subject of very sound first step. an important role in providing day-to- old fashioned horse trading, as it was I am grateful to Senator LOTT, my day advice and insights on civil lib- last summer during the preparation of principal cosponsor, for championing erties and privacy matters and con- the Senate Intelligence Committee’s this matter in conference. He and his ducting internal reviews. Because such report on pre-Iraq war intelligence. staff worked nonstop to preserve this officers would be highly knowledgeable Last summer the Senate Intelligence provision. I also want to acknowledge about their own agencies, they could Committee, on which I serve with my the efforts of Senator BOB GRAHAM, an- augment the role of the board and help co-authors, spent more than 6 weeks other conferee, and his staff to defend address issues early on. The role of arm-wrestling with the Central Intel- our work. such officers would be distinct from ligence Agency, CIA, over how much of Mr. DOMENICI. Mr. President, I rise those of the new chief privacy officers the report on pre-Iraq war intelligence to express my support for the intel- created in the Omnibus Appropriations would be made public. Originally, the ligence reform provisions negotiated bill. Those officers would be largely re- agency wanted to black out more than by the House and Senate. These meas- sponsible for focusing on informational half of the report. In the end, ‘‘only 20 ures provide common sense restruc- privacy issues and not responsible for percent’’ of the report was blacked out. turing of our Nation’s approach to na- addressing broader civil liberties con- At that time, there was no inde- tional intelligence. cerns. pendent body to which the committee For years the United States has con- Ms. COLLINS. I would like to thank members could turn to find out what templated reorganizing the intel- my friend for working with me on should and should not be classified for ligence community. Unfortunately, it these very important provisions. In the national security purposes. That is pre- took the tragedy of September 11 and wake of the terrorist attacks on Sep- cisely the problem addressed by the the loss of nearly 3,000 citizens to tember 11, 2001, during his joint address provision crafted by Senators LOTT, achieve systemic change. This legisla- to Congress, the President called on all BOB GRAHAM, SNOWE, and myself. Our tion, however, is the culmination of a Americans to ‘‘uphold the values of provision will give Congress for the serious national debate that has oc- America and remember why so many first time a means of appealing classi- curred since that fateful day. It is a have come here. We’re in a fight for our fication decisions. just tribute to those we lost, their fam- principles, and our first responsibility The provision gives Congress the au- ilies and to future generations of is to live by them.’’ Indeed, as we im- thority to appeal classification deci- Americans whose security depends on prove government to better secure our sions to an independent standing body, our actions today. I believe this legis- Nation against future attacks, we must the Public Interest Declassification lation better prepares us to meet the at the same time protect those Amer- Board. This Board is made up of nine security challenges of today and I ican values that define our free society. members with expertise in national se- would like to make note of some im- These freedoms and values are what de- curity and related areas; five are ap- portant provisions. fine us as Americans and what defines pointed by the President and four by First, it creates a National Director our Nation. Since the inception of our the bipartisan leadership of the Senate of Intelligence who has the necessary Nation, there has been much sacrifice and House. Under the amendments authority to write and execute intel- in order for us to have the freedoms we made by section 1102, when any Mem- ligence budgets. This critical change enjoy today. These liberties are what ber of Congress asks the Board to de- will help ensure that resources and per- have been entrusted to us to protect. classify a document or materials, the sonnel can be moved to areas of pri- That is why, as we protect our Nation Board ‘‘shall advise the originators of ority throughout the intelligence com- from future terrorist attacks, we also the request in a timely manner wheth- munity for more effective management must ensure that we do no trample on er the Board intends to conduct such of intelligence operations and analysis. the very values that the terrorists seek review.’’ This change was strongly endorsed by to destroy. This means that if I or another Mem- both the 9/11 Commission and Joint In- Mr. WYDEN. Mr. President, I wish to ber of the Senate were to ask the Board quiry of the House and Senate Intel- commend Senators COLLINS and LIE- to determine whether a document is ligence Committees and I believe it is BERMAN for their leadership in working properly classified for national secu- essential. round the clock for months to trans- rity purposes, the Board must respond Second, it establishes a National late the key recommendations of the 9/ in a timely manner. ‘‘Timely’’ is de- Counterterrorism Center. This will

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11976 CONGRESSIONAL RECORD — SENATE December 8, 2004 achieve an integrated approach to clarifying institutional lines of author- gress on the proposals to improve the counterterrorism intelligence and stra- ity but in ensuring that we have the education of such individuals if exist- tegic operational planning. Given the best and brightest on the front lines of ing programs are found inadequate. continuing threat the United States our national defense. These programs partially address, faces from international terrorists, it One of the important objectives driv- however, a larger national problem in is vital that we organize our informa- en home by the 9/11 Commission’s re- our educational system that must be tion and resources in a highly coordi- port and in testimony before the Gov- tackled, including at the primary and nated fashion to meet this challenge. ernmental Affairs Committee is the secondary level. I look forward to The NCTC provides the proper mecha- need to have the right people in the working with my colleagues in the nism to facilitate this coordination by right places in our Government, both next Congress to implement additional gathering relevant information from civilian employees and military per- programs to solve the human capital all appropriate departments and agen- sonnel, to combat future threats. We crisis in our national security commu- cies within our government. must ensure that our Federal work- nity as well as elsewhere in the govern- In addition to these primary reforms force remains trained and ready to re- ment. provisions, I am pleased the conference spond to the challenges we may face in In addition, I am pleased that the report includes two other provisions of the future, just as Federal employees legislation includes language creating importance to New Mexico. By retain- have responded with courage when an Office of Geospatial Management in ing my language directing the Depart- called upon in the past. the Department of Homeland Security, ment of Homeland Security to report There is a human capital crisis in the which was added to S. 2845, the Senate on development of an Unmanned Aerial Federal Government. Not only are we version of the bill, through an amend- Vehicle border surveillance capability, losing decades of talent as civil serv- ment offered by Senator ALLARD and this legislation recognizes the need to ants retire, we are not doing enough to myself. This language is identical to S. exploit emerging technologies for se- develop and nurture the next genera- 1230, the Homeland Security Geo- curing the homeland. The porous nation of public servants. Nowhere is this graphic Information Act. It will help to ture of our borders, particularly in re- more evident than in our intelligence better coordinate the procurement and mote areas of the Southwest, is vulner- services. Time and time again senior management of geospatial information able to terrorists, drug smugglers and officials note the lack of trained lin- within the Department of Homeland other criminal activity. My language guists, the lack of trained analysts to Security and centralize activities with- begins to seek new solutions to this evaluate information, and the lack of in one office. Geospatial information significant security concern. Also, I am scientific technical expertise needed to has become a critical component in gratified that the conferees recognized confront these new threats. both assisting our war fighters and in the value of the National Infrastruc- Staffing new interagency intelligence protecting our homeland. ture Simulation and Analysis Center operations centers on a 24/7 basis, de- However, I would be remiss not to operated by our national laboratories veloping new human intelligence, mention areas that are not included in as Sandia and Los Alamos. The formal HUMINT, operations and interpreting the legislation. relationship this legislation creates be- the information coming into our intel- I regret that the conference report tween NISAC and the National Direc- ligence analysts pose management did not include a Senate amendment I tor of Intelligence ensures the intel- problems of massive proportions. We sponsored with Senator FITZGERALD to ligence community has access to the continue to be seriously understaffed. I create a chief financial officer, CFO, very best capability our Nation has for have been calling attention to this within the Office of the Director of Na- understanding vulnerabilities to crit- problem, along with my colleague, Sen- tional Intelligence. Our amendment ical infrastructures. ator VOINOVICH, for a number of years. would have placed the NIA under the In conclusion, I believe this legisla- Thus, I am pleased that the legisla- Chief Financial Officers Act of 1990, tion is historic. Nothing is more impor- tion we vote on today contains provi- which requires agencies to submit au- tant than the security of our country sions similar to those in S. 589, the dited financial statements and requires and intelligence is the underpinning of Homeland Security Federal Workforce that CFOs be appointed by the Presi- success in the war on terror. Objective, Act, which I introduced and was passed dent, confirmed by the Senate, and re- timely, accurate intelligence is what by the Senate last November. port directly to an agency’s head. This our policymakers need to make the The National Intelligence Reform amendment is similar to legislation right decisions affecting the safety of Act mirrors the intent of S. 589 by es- Senator FITZGERALD and I sponsored Americans at home and abroad. This tablishing a program awarding scholar- now Public Law 108–330—which brings legislation takes an important step to- ships to students in exchange for gov- the Department of Homeland Security, ward invigorating our intelligence ernment service in the intelligence DHS, under the CFO Act and ensures a gathering as we face the threats of the community. I would like to reiterate Senate-confirmed CFO who reports di- 21st century and it has my strong sup- that the language in the Governmental rectly to the Director of DHS. I plan to port. Affairs Committee report relating to introduce legislation that embodies our Mr. AKAKA. Mr. President, I rise this provision and urge the DNI to give amendment because I strongly believe today to express my support for the special consideration to applicants that this new entity must have the fi- conference report on legislation cre- seeking degrees in foreign languages, nancial management systems and prac- ating a Director of National Intel- science, mathematics, or a combina- tices in place to provide meaningful ligence. Before doing so, I commend tion of these subjects. and timely information needed for ef- the tremendous effort made by Senator S. 2845 includes other aspects of S. fective and efficient management deci- SUSAN COLLINS, the chairman of the 589, such as an incentivized rotational sionmaking. Governmental Affairs Committee, and program for employees in the intel- It would be naive to say that this leg- Senator JOE LIEBERMAN, the ranking ligence community in order to break islation by itself will make America member, who have dedicated the last down cultural and artificial barriers to stronger. Americans will make Amer- few months to ensuring this legislation information sharing, build a cadre of ica stronger. What this legislation does was passed. I salute them. highly knowledgeable professionals, offer is a framework within which we Passage of this legislation ensures and ensure cooperation among national can build a more secure nation if we all that many of the key recommendations security agencies. work together within the limits of our of the 9/11 Commission become law. In addition, the conference report in- Constitution. Most important of these are the estab- cludes language offered by Senator BOB In creating a Director of National In- lishment of a Director of National In- GRAHAM and Senator RICHARD DURBIN, telligence it is critical that the Presi- telligence, DNI, and a National coun- and myself requiring the Director of dent pledge to make this office ac- terterrorism Center, NCTC. National Intelligence to review exist- countable to the American people. The However, much still remains to be ing programs to increase the number of DNI must be kept free of political pres- done. I continue to believe that the key personnel with science, math, and for- sures and independent of partisan pol- to a stronger America lies not just in eign language skills and report to Con- icy agendas. While employees working

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11977 under the DNI will have the same theless, I remain concerned that cre- intelligence agencies. I have been rights and protections as those at the ating a new Director of National Intel- fighting for intelligence reform for CIA, I urge the DNI to make every ef- ligence will not do enough. It still years. It is overdue and greatly needed. fort to ensure that whistleblowers are leaves too many participants with an Now is the time. not retaliated against and that their opportunity to fail to communicate This is a very good and important disclosures, which may have a signifi- and cooperate. bill. This bill will make the American cant impact on the security of this na- No one can argue against the basic people safer by reforming our intel- tion, are taken seriously. rationale for creating a Director of Na- ligence community for the 21st Cen- The DNI must make civil liberties tional Intelligence. The American in- tury, by improving protection of our and privacy rights a capstone in the telligence community has suffered homeland, and by unifying and structure of this new agency. Without from a lack of coordination and com- strengthening our efforts to combat these basic protections, our freedoms munication, as the 9/11 Commission terrorism. will not be strengthened, our Nation and many other reports have outlined. The reforms will help prevent an- will not be more secure. This lack of coordination and commu- other 9/11 attack and help ensure we I pledge to do all I can to exercise my nication comes in part from the ab- never go to war again on dated and du- responsibility to oversee this new in- sence of any one person in charge and, bious information. These reforms will telligence agency and ensure it lives up ultimately, accountable for the accu- make highest and best use of the talent to the trust being placed in it by the racy and timeliness of our intelligence. in our intelligence agencies, who will Congress today. I strongly agree that we need a Na- have a framework to be able to protect Mr. CONRAD. Mr. President, I will tional Intelligence Director. But such a the Nation and speak truth to power. join many of my colleagues today in Director cannot improve the commu- I have fought for reform of our intel- voting for the Intelligence Reform bill; nication and coordination between the ligence community for years. I have however, I do so with some reserva- intelligence agencies without the full been a member of the Intelligence tions. authority and resources necessary to Committee since before 9/11 to be an First, let me highlight the provisions do the job. advocate for reform, particularly re- contained in this bill that are espe- The concern I have with this final garding signals intelligence. cially important to North Dakota. The bill is that we have maintained the CIA Since I joined the intelligence com- bill includes a proposal I authored that and all of the other intelligence agen- mittee we have also investigated two would establish a pilot project on the cies we had before, and added a Na- serious intelligence failures: Northern border to enhance security tional Intelligence Director on top. In- Why couldn’t we prevent the 9/11 at- through the use of advanced tech- stead of consolidating the various in- tacks on America? nologies like remote sensors, cameras, telligence agencies, we have created Why did we think Saddam Hussein and unmanned aerial vehicles. The bi- additional boxes on an organizational had weapons of mass destruction? partisan 9/11 Commission Report recog- chart that I fear will only create more The House and Senate intelligence nized that the Northern border oper- turf battles, thereby undermining our committees had a joint inquiry into in- ates with only a fraction of the man- ability to enhance and improve our intelligence relating to 9/11. We found in- power and resources that are devoted telligence capabilities. I was concerned sufficient information, missed opportu- to the Southern border, but poses no about this issue in the Senate’s intel- nities, and failures to share informa- less risk for terrorists sneaking across ligence reform bill. The final bill has tion. So many talented and highly into the United States. This project an even weaker Director of National skilled people in our intelligence com- will help the border patrol in moni- Intelligence. That makes me even more munity worked so hard and so effec- toring the border more effectively and concerned. tively, but our intelligence agencies In my view, this bill simply does not efficiently. Additionally, I am pleased did not serve them or us well. provide the National Intelligence Di- that the bill includes a provision di- These investigations convinced me rector with all of the tools he needs to recting that at least 20 percent of any that our intelligence agencies needed do the job. He will have only a very increase in the number of Border Pa- fundamental reforms. I recommended limited power to move money among trol agents be assigned to the northern the creation of a Director of National the different intelligence agencies. border. Both of these provisions take a Intelligence to unify and lead the intel- Without strong control over the step in the right direction to improve ligence community and many other money, the Director could become just important intelligence reforms. I am the security of our northern border. another layer of bureaucratic review. In considering intelligence reform, I If that was the end of the story, I pleased that many of the reforms I embraced the recommendations of the probably would have to vote against have been advocating are part of this 9/11 Commission. They made a major this bill. But I see this bill as a step in bill. effort to understand what happened on the right direction. Its authors have The National Security Intelligence September 11, 2001, and to figure out assured me this is a beginning. In the Reform Act also builds on the work of how we could help prevent future at- end, the success of the Director of Na- the 9/11 Commission. I want to thank tacks. This legislation never would tional Intelligence depends on the Senator COLLINS and Senator LIEBER- have passed without their hard work. President creating procedures that MAN for their work on this bill in Com- By adopting one of the key rec- place that official at the heart of the mittee, in the Senate, and holding the ommendations of the 9/11 Commission, intelligence community, with real au- line in conference with the House. The this bill takes a major step toward im- thority and real accountability. I am result is broad, deep and authentic re- proving our Counter-terrorism efforts. counting on President Bush to do so. form. Establishing a National Counterterror- Ms. MIKULSKI. Mr. President, I rise The bill gives the intelligence com- ism Center that can both analyze the in support of the National Security In- munity one leader, a Director of Na- terrorist threat and do strategic plan- telligence Reform Act. tional Intelligence, with real authority ning for operations to defeat terrorists I am proud to cast my vote in favor over the National Intelligence Program will make us safer. of the first major reform of the intel- budget and personnel, to manage and This bill would never have become ligence community. Intelligence re- unify and oversee the intelligence com- law without the commitment of the form will make our Nation safer and munity. families of the victims of the 9/11 at- stronger, and ensure we use our re- The bill creates a National Counter- tacks. They demanded real reform, sources smarter. We have created a terrorism Center to unify our Nation’s without any further delay. We in Con- framework that works to prevent a intelligence information and planning gress owed those families no less. predatory attack on the United States, to fight terrorism more effectively. Some of my colleagues today have supports our troops, and provides good The bill creates a National Counter- said that this bill is the largest reform intelligence to policymakers so we can proliferation Center to provide the of our national security agencies since guard and guide the Nation. same unity of effort and effectiveness 1947. The provisions I have just men- I am excited that we are going to in the effort to prevent the spread of tioned are important reforms. Never- pass such fundamental reform of our weapons of mass destruction.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11978 CONGRESSIONAL RECORD — SENATE December 8, 2004 The bill provides for diversity of the 9/11 Commission and the enactment forward to working with my colleagues opinion in intelligence analysis and of this bill. on future reforms. protects the independence of analysis I believe this bill is an important Mr. CHAMBLISS. Mr. President, an from policy and political pressures, by first step toward needed intelligence enormous amount of time and effort by using red-teaming to test assumptions reform. As we are all aware, intel- the White House, the Congress, the 9/11 and avoiding group-think by ensuring ligence is the key to keeping America Commission, the families of the vic- that alternative views are presented to safe and winning the global war on ter- tims the 11 September 2001 terrorist at- policy-makers. rorism. I think that there are many tacks, and others have gotten us here, The bill requires better sharing of in- provisions of this bill which will im- today, to make a final decision on the telligence information, both within the prove U.S. intelligence. It creates a Di- Intelligence Reform and Terrorism intelligence community and with first rector of National Intelligence who has Prevention Act of 2004. We owe a debt responders in our States and commu- personnel and budget authority; estab- of gratitude to all those involved with nities who have a need to know. lishes an Information Sharing Environ- this process. However, not everyone The bill provides protections for the ment to facilitate the sharing of ter- will agree, nor should they, with every- rights of Americans by creating a Pri- rorism information among all appro- thing contained in, or missing from, vacy and Civil Liberties Oversight priate Federal, State, local, tribal and the bill we are about to vote on. Board and making officials in each private sector entities; provides for This should not surprise us, since no agency responsible for protecting civil training and education to meet lin- one individual or group has all the an- liberties and privacy rights. guistic requirements; and emphasizes swers on how best to reform our vast The bill will also unify and stream- the use of open intelligence, a resource intelligence community. What we can line the standards for granting security I believe we have overlooked recently all agree upon, however, is the dedica- clearances and require that a clearance to our detriment. tion and sense of purpose of everyone granted by one agency is accepted by I am also pleased that this bill estab- in the Congress who has worked on this other agencies. lishes a National Counterproliferation legislation. The Members and staffs, This bill goes beyond intelligence re- Center since I believe the proliferation from both sides of the aisle, all tried to form to address many of the other 9/11 of weapons of mass destruction and the do what they thought was best for the Commission recommendations: to im- potential for terrorists and rogue future security of the United States prove aviation security, including air states to obtain these weapons are the and for that they all deserve our appre- cargo inspections, to improve maritime greatest threats facing us today. ciation. security, to strengthen border enforce- In addition, I commend the House I rise today not simply to commend ment, and to strengthen criminal laws and Senate for providing for a Privacy the hard work of a lot of people, rather, on terrorism, building weapons of mass and Civil Liberties Oversight Board I want to make the point that today destruction, and financing terrorist within the Executive Office of the marks the start, and not the end, of the groups. President that would ensure that pri- intelligence reform process. Our work I have been fighting for many of vacy and civil liberties concerns are in the Congress on this issue is not these reforms and am very pleased that appropriately considered in the imple- ending today; it is just beginning in this bill includes them. They are going mentation of laws, regulations, and ex- earnest. to make America safer, stronger and ecutive branch policies related to ef- We were attacked on 11 September smarter. forts to protect the Nation against ter- 2001 in a vile, unprovoked manner that This is not a perfect bill; no bill is. rorism. While Americans are more will- employed methods heretofore never There are some provisions in this bill ing to give up some of their privacy used in warfare. Before 11 September, that raise questions or concerns. You after 9/11, necessary intrusions must be the idea of hijacking civilian airliners, can count on me to be vigorous and rig- carefully balanced against the rights of loaded with innocent people, and using orous in oversight, to make sure we U.S. citizens and I believe the Board them as guided missiles to destroy have real reform to protect America will help maintain the balance. landmark buildings and thousands of and protect the freedoms that America Again, this bill is simply a first step. non-combatant people was something stands for. The United States remains vulnerable you would only find in a book of fic- Thanks to the dedication, commit- in many areas. I do not believe the bill tion. ment and persistence of the 9/11 fami- does enough to provide for transpor- It was difficult to imagine before lies and the Congress, we had an inde- tation security such as for ports, public that attack that a group of people pendent commission to investigate 9/11. transportation and railroads. In addi- could be so evil, so focused on destroy- The 9/11 Commission brought into the tion, it does not address other asym- ing innocent lives, and so ready to kill sunshine what many of us knew from metrical threats such as food safety. themselves for some warped sense of our classified hearings. The 9/11 Com- Two days ago Secretary of Health and their own religion and their distorted mission report was not just riveting Human Services Thompson noted how sense of justice. reading—it was a good blueprint for in- easy it would be to tamper with and We can fault our intelligence ana- telligence reform. Senators COLLINS poison our food supply. lysts for not ‘‘connecting the dots,’’ and LIEBERMAN picked up that blue- Finally, I would like to express my but maybe they had too few ‘‘dots’’ to print and ran with it. The Senate pro- disappointment with the administra- work with and maybe what they did duced a bipartisan bill that is a shining tion’s and Republican congressional have didn’t seem quite plausible at the example of what can be done around leadership’s participation in this un- time relative to our own understanding here when we work together, not as dertaking. The administration origi- of human nature and how wars have blue State Democrats, not as red State nally did not want a 9/11 Commission been fought in the past. Republicans, but as Americans—as and its support of this bill was luke- The House Subcommittee on Ter- members of the red, white and blue warm at best. The tragedy of Sep- rorism and Homeland Security issued party, working together for America tember 11 made it clear that our Na- the first report outlining problems and the American people. As a proud tion was not as secure as it could be within the intelligence community member of the red, white and blue and changes needed to be made. It is about our failure to stop the 9/11 at- party, I enthusiastically support the the duty of the administration to make tacks. As the chairman of that sub- National Security Intelligence Reform those changes as quickly as possible. committee, I released that report on 17 Act. September 11 was over 3 years ago and July 2002. What we discovered was that Mr. REED. Mr. President, I rise to we are just now enacting the first the two most egregious intelligence express my support for S. 2845, the in- changes. The process certainly could failures involved human intelligence or telligence reform bill. have proceeded more quicky if the ad- HUMINT and the sharing of intel- I first want to commend the 9/11 fam- ministration had been more actively ligence, primarily between the CIA and ilies who have worked so tirelessly to engaged throughout the process. the FBI. ensure that necessary reforms were im- But we have a bill which is a good A dedicated enemy without any con- plemented through the formation of first step. I support this bill and look straints on their behavior is a difficult

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11979 and extremely dangerous foe to defeat. the 109th Congress a Subcommittee on a vote. Initially, the 9/11 Commission As I said in this Chamber last July 21, HUMINT to focus our attention on this was not to report its findings to Con- ‘‘. . . there is only one principle to fol- critical aspect of our security. Without gress and the American public until low on intelligence reform. Intelligence a subcommittee structure in the SSCI, after the November elections. Fortu- is our first line of defense against ter- I fear we will not be up to the task of nately, the Commission was permitted rorism, and we must improve the col- providing in-depth oversight of the in- to issue its findings during the sum- lection capabilities and analysis of intelligence community, which would be mer, which allowed Congress to draft telligence to protect the security of the a failure of one of the Congress’ most S. 2845 and act upon nearly all of the 9/ United States and its allies.’’ The ques- important constitutional responsibil- 11 Commission’s 41 recommendations tion we all need to ask ourselves is ities. to reform the intelligence community does this bill strengthen this principle Five, the span of control for the new and improve the public’s safety. Never- or not? The answer is a qualified one DNI that is being created by this legis- theless, there were roadblocks along and there is much more to do before we lation is enormous. In fact, it is almost the way. Many Members in both can unequivocally say we have done ev- impossible. This bill leaves the intel- Houses tried to kill this legislation, erything possible on reforming our in- ligence community at fifteen members, and it is a major accomplishment that telligence community. Let me mention eight of which are in the Department we will hold a vote today and send this just six issues that we will need to of Defense. I had a bipartisan amend- bill to the President this evening. focus on early in the 109th Congress ment to S. 2485 that was co-sponsored Of course, the credit goes to Senators relative to intelligence reform: by my colleague from Nebraska, Sen- SUSAN COLLINS and JOSEPH LIEBERMAN, One, once this bill becomes law, the ator BEN NELSON, that would have cre- the chairman and ranking member of President will be nominating the first ated a unified command for military the Senate Committee on Govern- Director of National Intelligence, DNI. intelligence giving the new DNI a sin- mental Affairs. With great skill, they This will be one of the most important gle point of contact for military-re- pushed and pulled in unison when they decisions of his presidency and, in like lated intelligence requirements and needed to keep this legislation afloat. manner, the confirmation of the indi- collection capabilities instead of eight. They refused to let our national secu- vidual nominated will be one of the Collectively, the eight members of the rity fall prey to those who sought inac- most important responsibilities of this intelligence community that this bill tion over action. Additionally, Senator leaves in the Department of Defense Senate. We need to make sure that the JOHN WARNER, the able chairman of the DNI has the ability, experience, and are huge, with tens of thousands of Armed Services Committee, worked leadership qualities to successfully im- people and multi-billion dollar budgets. tirelessly to ensure that S. 2845 would plement the legislation we are voting How someone outside of the Depart- preserve the military’s chain of com- on today. ment of Defense, like the DNI, could mand and ensure necessary intel- adequately and efficiently manage Two, the Congress needs to put its ligence resources would remain avail- these vast intelligence capabilities by primary focus on rebuilding the most able to the military at all times. As a dealing with eight separate military critical aspect of our intelligence col- result of the efforts of these Senators, members is beyond me. Senator NEL- lection capability, namely HUMINT. If we will pass a bipartisan bill that will SON and I are committed to fix this we are ever to win the war on ter- achieve the goal of centralizing U.S. shortcoming by introducing a bill to rorism we need to put our spies inside intelligence operations while helping create a four-star command for mili- of al-Qaida and other organizations intelligence agencies better coordinate tary intelligence in the 109th Congress. that mean us harm. We also need good with U.S. military efforts. Six, Chairman JIM SENSENBRENNER HUMINT to get a better indication of Again, the 9/11 Commission found championed several critical proposals the threats being posed by nation that our Nation was vulnerable to at- relative to immigration reform, includ- states such as North Korea, Iran, and ing improving our asylum laws and tacks because we were not properly Syria. standards for issuing driver’s licenses. I collecting, analyzing, and acting upon Three, in this regard, we need to re- regret his proposals are not in the con- intelligence. Our domestic intelligence shape the culture in the Directorate of ference report before us today. We agencies were not talking with their Operations at CIA, which is responsible should be committed to working on foreign intelligence counterparts, and for managing our HUMINT activities, legislation to strengthen our immigra- federal law enforcement offices were from ‘‘risk-avoidance’’ to ‘‘risk-tak- tion laws as soon as possible. not working with local law enforce- ing.’’ Porter Goss has begun this proc- Yes, our work in the Congress on in- ment. And so, perhaps most impor- ess, but he will need the strong support telligence reform is just beginning. tantly, this bill creates a Director of of the Congress to institutionalize this Confirming the first DNI, focusing our National Intelligence, DNI, and a Na- new, aggressive culture. It is because of effort on HUMINT, shaping a ‘‘risk- tional Counterterrorism Center, both this very point that I voiced objections taking’’ culture among our intelligence of which will go a long way toward en- to the creation of a Privacy and Civil officers, improving our oversight of the suring that our Nation’s many intel- Liberties Oversight Board, both in the intelligence community, creating a ligence and military agencies have the original bill passed by the Senate and four-star military intelligence com- oversight, resources and coordination in the Conference Report. We need to mand, and strengthening our immigra- necessary to protect our borders and take more risks in HUMINT and we tion laws will assuredly keep the 109th our citizens. need to rebuild the morale of our Congress fully focused on intelligence This bill will also help improve inter- HUMINT collectors. What kind of mes- reform. Today is but the beginning of agency cooperation by requiring exten- sage are we sending to our intelligence this effort and this process. sive sharing of intelligence and law en- agents in the field who are risking Ms. LANDRIEU. Mr. President, forcement operations among Federal, their lives to protect us by creating a today, nearly 38 months after the Sep- State, and local agencies. That alone is board designed to look over their tember 11 attacks on New York City a key step toward better protecting our shoulders and, which is redundant to and the Pentagon, the Senate will pass citizens by ensuring information that the President’s Board on Safeguarding a bill to make Americans safer at home could be vital to our national security Americans’ Civil Liberties? This may and abroad. What was broken before 9/ makes it to the appropriate level. To create a morale problem throughout 11 must be fixed. S. 2845 is based on the better balance security with citizens’ our intelligence community that might lessons learned from the National Com- rights, this bill also establishes a Pri- take years to repair and, I hasten to mission on Terrorist Attacks Upon The vacy and Civil Liberties Board to re- add, at a time when we need HUMINT United States—the 9/11 Commission. view Federal policies and practices. more than ever to protect our citizens. This legislation is a great step forward Before I close, I do want to point out Four, to help Porter Goss rebuild our to revamp and strengthen our intel- a provision that was deleted in the con- HUMINT capabilities and to raise the ligence community to thwart terror at- ference which could have made this bill importance and priority of HUMINT re- tacks on Americans in the future. even stronger. Our Nation needs a di- form, the Senate Select Committee on It has not been an easy task to bring rector of national intelligence with the Intelligence, SSCI, should establish in this legislation to the Senate floor for mandate to provide the President and

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11980 CONGRESSIONAL RECORD — SENATE December 8, 2004 other intelligence consumers with ac- first must recognize and congratulate a robust national security workforce at curate, truthful, and even blunt intel- the extraordinary hard work and lead- the FBI and falls squarely within the ligence. The DNI should not feel ham- ership of Senator COLLINS and Senator spirit of the 9/11 Commission rec- strung to tell the President and other LIEBERMAN and their respective staffs. ommendations. It is my sincere hope intelligence consumers what they want It is only because of their determina- that the FBI will utilize these to hear; rather, the DNI must be able tion and tireless efforts that we are flexibilitie4s to build an elite cadre of to tell them what they need to hear. able to consider this legislation today. intelligence analysts that will help win The DNI must be independent and I would also thank and recognize Rep- the War on Terror. unsusceptible to the political whims of resentatives HOEKSTRA and HARMAN Finally, this legislation attempts to his/her superiors. S. 2845 does not go as and their staffs for their hard work. On reform the Presidential appointments far as I would like to ensure that there balance, this legislation is an impor- process, which has been broken for dec- will be no politicization of the gath- tant step in improving our national se- ades. An amendment I offered on the ering and analysis of intelligence. The curity. Senate floor would require the Office of original Senate bill contained safe- This legislation establishes a Direc- Government Ethics to submit a report guards to ensure intelligence would not tor of National Intelligence with great- to Congress evaluating the financial be politicized. I am hopeful the DNI er budget authority than the current disclosure process for executive branch will not feel pressured to validate cer- Director of Central Intelligence to pro- employees within 90 days of the date of tain political or policy points of views vide leadership and direction to the 15 enactment. It would require the Office where the intelligence simply cannot agencies of the Intelligence Commu- of Personnel Management to submit a provide such validation. nity. list of presidentially appointed posi- While I hope we can revisit this issue It also establishes a National tions to each major party candidate in the 109th Congress, this bill is a suc- Counterterrorism Center to conduct after his or her nomination. It would cess. It will benefit the American peo- analysis of terrorism-related intel- require the Office of Government Eth- ple greatly, and I look forward to its ligence and conduct strategic planning ics, in consultation with the Attorney passage. for the War on Terror. General, to report to Congress on the Mr. KOHL. Mr. President, I am To ensure that the civil liberties of conflict of interest laws relating to pleased that in one of the final acts of Americans are protected during this Federal employment. The provision this Congress we have overcome the ob- time of justifiably increased govern- would also require each agency to sub- jections of the House leadership to pass ment powers, the legislation also es- mit a plan to the President and Con- a major intelligence reform bill. The 9/ tablishes a Privacy and Civil Liberties gress that includes recommendations 11 Commission report provided a Oversight Board within the Executive on reducing the number of positions re- unique opportunity for Congress to act. Office of the President. quiring Senate confirmation. I hope If we had allowed this moment to pass All of these provisions were key rec- that we are able to take definitive ac- and we had not succeeded in enacting ommendations of the 9/11 Commission, tion to reform the appointments proc- the Commission’s reforms, it is un- and I am pleased that they are included ess in the 109th Congress and finally re- likely that we would ever achieve ef- in this legislation. form a process that has been examined fective intelligence reform, leaving us I am also pleased that the legislation by no less than 15 commissions, includ- right where we started—with a frag- we are considering includes three pro- ing the 9/11 panel. visions that I have sponsored. mented counterterrorism infrastruc- I would like to offer an observation ture struggling to keep up with the ter- The bill reforms the broken process of granting security clearances. The regarding the Office and Director of rorist threats of tomorrow. National Intelligence which this bill The legislation before us creates a extended length of time it has taken to establishes. The director only will be Director of National Intelligence who conduct and subsequently adjudicate a successful if an individual is chosen will have broad authority over the security clearance prevents qualified who can develop a strong working rela- many elements of our intelligence Federal employees and their private tionship with the President. In other community. While many of us were sector partners from doing important words, the DNI can be successful with confident that the Senate bill did not work to enhance our national security. the powers provided by Congress if this jeopardize the chain of command, lan- In addition, a lack of reciprocity individual has the confidence and trust guage was added to ensure that the among agencies for already granted of the President. If not, then no military would have access to the in- clearances delays and mobility of Fed- amount of authority granted to that telligence it needs. eral employees within the government individual by Congress will make a dif- In addition to creating a National and places an unnecessary administra- ference. Counterterrorism Center to coordinate tive burden on agencies as they dupli- counterterrorism intelligence and mis- cate the clearance process. Similarly, the Office of the Director sions, the bill includes important pro- The reforms in this legislation are an will have to be staffed by the best and visions strengthening FBI intelligence important step in expediting the proc- brightest minds in the Intelligence capabilities, transportation security, ess, while preserving national security Community if it is going to be success- border protection, and diplomatic and interests. The President designates a ful in managing and improving U.S. in- military efforts in the war on ter- single entity to oversee the security telligence efforts. I hope that our Intel- rorism. We cannot rely on intelligence clearance process and develop uniform ligence Community agencies will work alone to prevent the catastrophic ter- standards and policies for access to closely with the DNI, his staff, and the rorist attacks of the future. We must classified information. The President new intelligence centers to ensure remain vigilant in all these areas. also designates a single entity to con- their effectiveness and enhance the se- Finally, I want to applaud the dili- duct clearance investigations. Addi- curity of the United States. gence of our colleagues and the mem- tional investigative agencies could be The passage of this legislation also bers of the 9/11 Commission who designated if appropriate for national places a new burden on Congress. Every pressed on when it seemed that this security and efficiency purpose. Reci- Member of the Senate, but especially bill was doomed to die. While I have no procity among clearances at the same the members of the Senate Select Com- illusions that this bill will suddenly level is required. mittee on Intelligence, will need to be make us invincible, it is critical that The bill also includes a provision I involved in ensuring that this legisla- we begin the difficult process of re- added in Committee to improve the in- tion is implemented effectively. Robust aligning the way our government an- telligence capabilities of the Federal congressional oversight of intelligence ticipates and responds to terrorism. Bureau of Investigation. Specifically, is vital, and we here in this chamber That is why I intend to support this bi- the FBI Director may work with the are not off the hook just because we partisan legislation. Office of Personnel Management to de- have passed this bill. Mr. VOINOVICH. Mr. President, I velop new classification standards and Finally, I want to inform my col- rise to support the Intelligence Reform pay rates for intelligence analysts. leagues that while we have dem- and Terrorism Prevention Act of 2004. I This will facilitate the development of onstrated our willingness to reform the

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11981 structures and processes of the execu- Despite over 50 years of debate on the holes—some glaring—that I believe tive branch to better protect our Na- issue, it was the morning of September should be filled. But the fact that we tion, we have been less willing to re- 11, 2001, and all that followed there- are on the precipice of passing such a form our own structures and proce- after that provided the major impetus landmark package is indeed impres- dures. The 9/11 Commission recognized to get us where we are today, on the sive. This bill is a product of com- that changing congressional com- floor of the U.S. Senate passing legisla- promise and again, I want to thank my mittee jurisdiction is exceptionally dif- tion to finally address what has eluded Senate colleagues, led by Senators ficult but also noted reforms of the ex- so many for so long. COLLINS AND LIEBERMAN, who served on ecutive branch ‘‘will not work if con- To say that September 11 is a sem- the conference committee that pro- gressional oversight does not change inal moment for our nation is an un- duced this bill. too.’’ They recommended that the Sen- derstatement. That day forever Mr. President, issues of account- ate and House each establish a single changed the way we view the world. It ability have often been central to the authorizing committee for the Depart- was that day, more than any one be- work we as Senators do in seeking to ment of Homeland Security. fore, that proved that we have entered bring better government to our con- I remain deeply disappointed that the a new era where our nation faces very stituents—particularly when matters Senate did not do this in October. different, more pervasive and inimical of national security are at stake. Rather, Senate Resolution 445 main- threats. In that vein, Mr. President, before tains authorizing jurisdiction over sig- It was a day, more than any before, the release of the 9/11 Commission re- nificant elements of DHS with at least which proved that intelligence is now port earlier this year, I introduced three different committees. The inap- and must always be our best, first line stand-alone legislation—cosponsored propriately renamed Committee on of defense against a committed enemy by Senator MIKULSKI creating an In- Homeland Security and Governmental who knows no borders, wears no uni- spector General for Intelligence. The Affairs will have jurisdiction over less form and pledges allegiance only to ‘‘Intelligence Community Account- than 10 percent of the DHS workforce causes and not states. ability Act of 2004’’ proposed an inde- and less than 40 percent of its budget. It was a day that has proven that the pendent inspector general for the en- Let me repeat that. We didn’t even give intelligence community’s old structure tire intelligence community—all fif- the proposed Homeland Security Com- and old ways of doing business are in- teen agencies and department mem- mittee the jurisdiction over either the sufficient for confronting the chal- bers. I introduced this legislation majority of the budget or the personnel lenges of the twenty-first century. largely as a result of my experience as of the department. As a member of the Senate Select a member of the Senate Intelligence It is disappointing that the Senate Committee on Intelligence, my posi- Committee and the revelations of the was unable to put aside turf consider- tion on intelligence community reform investigation on the pre-war intel- ations and adopt meaningful reform of has been steady and consistent—I was ligence of Iraq. The version of the reform bill adopt- its committee structure. Shame on us an early supporter of comprehensive ed by the Senate in October embraced for not doing better. I intend to raise reform and came to believe that a new the concept and spirit of my earlier bill this issue again when Congress recon- Director of National Intelligence was and included language creating an In- venes in January and hope that my col- vital in order to address the defi- spector General for the Director of Na- leagues will join me in that effort. ciencies and failures that became evident to us as a Congress and as a national Intelligence. Once again, I would like to thank I was disappointed to learn that tion. The work of the Senate Select Senators COLLINS and LIEBERMAN and much of the language included in the Committee on Intelligence over the their staff for all their hard work on Senate-passed version of the bill was past 2 years in undertaking a thorough this legislation. I hope they are proud not ultimately included in the final review of the pre-war intelligence on of their efforts. package before us today. The con- Iraq’s weapons of mass destruction pro- I yield the floor. ference agreement gives the DNI the Ms. SNOWE. Mr. President, I rise to grams, the regime’s ties to terrorism, authority to establish an IG according support the conference report to ac- Saddam Hussein’s human rights abuses to the guidelines set forth in the In- company the intelligence reform legis- and his regime’s impact on regional spector General Act of 1978. Unfortu- lation before us today. stability allowed me to delve into nately, the conference agreement does First and foremost, I want to recog- those failures and ask pointed ques- not mandate that he establish an IG. nize and thank my colleague, the Sen- tions about the methods and organiza- I want to make clear my intentions ator from Maine and chair of the Gov- tion of the community. to continue working for better and ernmental Affairs Committee, Ms. COL- After the in-depth analysis of 30,000 more comprehensive accountability in LINS, for her exceptional and tireless pages of intelligence assessments and our intelligence community. It is my work throughout the past several source reporting, and the interview of view that the scaling back of the In- months to produce this comprehensive more than 200 individuals, the com- spector General provision in this bill to reform to our nation’s intelligence mittee produced a report in July, 2004 flies in the face of the 521 page report community. I applaud her for under- that indisputably begged for intel- that followed the Intelligence Commit- taking this historic effort and for guid- ligence community reform. tee’s investigation on Iraq pre-war in- ing this legislation through her com- I joined several of my colleagues, telligence and ignores vital problems of mittee and through the conference most notably, Senator FEINSTEIN, on information sharing that have been with the House of Representatives on a legislation overhauling the community found throughout the community. bipartisan basis. and championing the idea of estab- My strong preference would be to As well, I want to express my appre- lishing a position, to be filled by single codify and explicitly define expanded ciation to the ranking member, Sen- person, independent from the day to authorities for the DNI’s inspector gen- ator LIEBERMAN, for his efforts in day responsibilities of running a single eral rather than simply give the DNI bringing us to this day. It truly was an intelligence agency, and whose sole re- the authority to create an IG on his/her enormous undertaking that was as- sponsibility is to lead and manage the own. While I am pleased that the con- signed to the Governmental Affairs intelligence community. The Feinstein ference agreement does retain DNI in- Committee, and I want to thank them legislation, I believe, was a catalyst spector general language in spirit, I am for all they have done on this intel- from which to begin this reform and I dismayed that it is not stronger. ligence reform legislation. am proud to have been associated with I firmly believe that a community- Intelligence community reform is it. Senator FEINSTEIN’s early and wide IG should have the authorities to not a new issue. Since the First Hoover steadfast work on this issue was cru- delve into the coordination and com- Commission in 1949, studies have been cial and I commend her for her dedica- munication between and among the conducted, commissions have been es- tion and vision. various entities of the intelligence tablished, and reports have been issued The conference report we have before community. on how best to structure and reform us today is not perfect. It is not, in my An inspector general will help to en- our Intelligence Community. mind, an ideal solution. There are hance the authorities of the National

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11982 CONGRESSIONAL RECORD — SENATE December 8, 2004 Intelligence Director that we will reform the intelligence community to the effectiveness and interagency co- shortly create, assisting this person in ensure that the new National Intel- ordination within the Terrorism instituting better management ac- ligence Director was given the tools Threat Integration Center left much to countability, and helping him/her to and the authority to ensure that alter- be desired so I am vitally interested in resolve problems within the intel- native analysis becomes a key compo- what structures work best for inte- ligence community systematically. nent in the development of national in- grating the vast intelligence collec- Ideally, the inspector general for intelligence products. To that end, I of- tion, analysis and dissemination efforts telligence should have the ability to fered amendment during the Senate de- necessary to counter the international investigate current issues within the bate that called on the Director of Na- threat of terrorism. Coupled with the 9/ intelligence community, not just con- tional Intelligence to establish, as he 11 Commission’s recommendation that duct ‘‘lessons learned’’ studies. The IG sees fit, alternative analysis units a series of such centers be established, should have the abilities to seek to within our analysis agencies. I believed it was time that we took the identify problem areas and identify the I am pleased the conferees elected to time to understand what worked well most efficient and effective business retain provisions within the bill that in such centers and what didn’t. There- practices required to ensure that crit- require the Director of National Intel- fore I amended the Senate bill to re- ical deficiencies can be addressed be- ligence to establish a process for ensur- quire an evaluation of the effectiveness fore it is too late, before we have an- ing that elements of the intelligence of the NCTC at the end of one year. other intelligence failure, before lives community conduct alternative anal- That evaluation would have included are lost. ysis of their intelligence products. Na- an assessment of whether the NCTC is In short, an inspector general for in- tional policy makers must be confident accomplishing their mission, the state telligence that can look across the en- that the underlying assumptions and of interagency relations, problems or tire intelligence community will help judgements of any analysis have been issues relating to personnel assign- improve management, coordination, tested and found valid before making ments, funding, and so forth. cooperation and information sharing decisions that affect our national secu- Unfortunately, with this bill, will not among the intelligence agencies. A rity. have the opportunity to understand strong, effective IG will help break Another key failure the committee whether the NCTC construct is the best down the barriers that have perpet- uncovered was in the production of a way to approach other threats facing uated the parochial, stove-pipe ap- comprehensive and coordinated intel- the nation. My concern has been ampli- proaches to intelligence community ligence community assessment of fied by the merging of the TTIC into management and operations. Iraq’s WMD programs. In fact, a Na- the NCTC and the establishment of a Too many incidents of failure to pre- tional Intelligence Estimate on Iraq’s National Counter Proliferation Center vent attacks, failure to properly col- weapons of mass destruction programs in this bill. Congress will need to close- lect the needed intelligence, failure to was not written until Congress rely monitor the effectiveness of such adequately analyze that intelligence quested that one be drafted in Sep- centers to ensure that they provide the and failure to share information within tember 2002, in the midst of the debate nation with the agility and flexibility the community beg for better account- about taking military action against we must have to counter the 21st cen- ability in the entirety of the commu- Iraq. tury threats. We received the NIE just 2 weeks be- nity. Who better to do this than a sin- The legislation before us today ad- fore we voted to authorize the Presi- gle IG, who can reach across the com- dresses another key issue: the con- dent to take action in Iraq. The intel- munity, work with the existing indi- tinuing vulnerability of our transpor- ligence community should have been vidual agency IG’s, and confront any tation system. Obviously, failures in more aggressive in identifying Iraq as problem with a macro, overarching transportation security were para- an issue that warranted the production view? This remains an issue on which I mount in the September 11 attacks. As of a National Intelligence Estimate look forward to further working with the 9/11 Commission report states, the and should have initiated the produc- my colleagues in the very near future. 9/11 terrorists were ‘‘19 for 19’’ in pene- tion of such an estimate prior to the As I stated earlier, members of the trating our shortcomings. To be sure, request from Congress. Senate Select Committee on Intel- For this reason, I offered an amend- we can never secure our entire trans- ligence have spent a great deal of the ment that would have required the exportation system 100 percent. But, past year looking at the intelligence amination of the process by which the given the consequences of a failure to available to national policymakers in NIE’s are initiated, developed, coordi- secure the system, that doesn’t mean the run-up to military action in Iraq. nated and disseminated to national de- we should not expend 100 percent of our One of the major conclusions we drew cision makers. I believe we must de- effort in trying. was that the intelligence community velop methods to ensure that NIE’s are First, the conference report imple- suffered from a collective presumption linked to priorities outlined by the ments the central 9/11 Commission rec- that Iraq had an active and growing President and Director of National In- ommendation with respect to transpor- weapons of mass destruction program telligence and not simply developed in tation security by requiring that the and that this ‘‘group think’’ dynamic an ad hoc fashion. Secretary of Homeland Security de- led intelligence community analysts, It is unacceptable that just weeks be- velop and implement a national, over- collectors and managers to both inter- fore Congress considered the weightiest arching strategy for transportation se- pret ambiguous evidence as conclu- matter that will ever come before us— curity. Timely development of this sively indicative of a WMD program as the decision to commit our young men strategy is critical so that we are able well as ignore or minimize evidence and women to war—the intelligence to understand what needs to be done, that Iraq did not have active and ex- community only first began working what we need to do to get there, and to panding weapons of mass destruction on an intelligence estimate on what fill the gaping holes in our homeland programs. they would face. We must do better security system as quickly as possible. From our review, we know the intel- than that. We must have the foresight This bill also addresses the issue of ligence community relied on sources to know what threats face us in the fu- air cargo security, which in my view is that supported its predetermined ideas, ture and the ability to develop and re- currently a gaping hole in our home- and we also know that there was no al- port accurate and timely national in- land security net—particularly when ternative analysis or ‘‘red teaming’’ telligence estimates. you consider that half of the hull of performed on such a critical issue, al- I am disappointed that the final bill each passenger flight is typically filled lowing assessments to go unchallenged. passed out of conference did not in- with cargo. As Governor Kean, Chair of This loss of objectivity or unbiased ap- clude provisions for streamlining the the 9/11 Commission, put it, quite sim- proach to intelligence collection and development of our National Intel- ply, before the Senate Commerce Com- analysis led to erroneous assumptions ligence Estimate and I will continue to mittee this summer, ‘‘The Transpor- about Iraq’s WMD program. work toward improving that process. tation Security Administration must For this reason, I believed that was During the year, we in the committee improve its efforts to identify and vital that we use this opportunity to heard testimony that indicated that physically screen cargo.’’

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11983 The bill before us today would help to meet the challenges and threats this lance capabilities along the southwest TSA to do just that by incorporating Nation will face in the future. border. an amendment written by Senator Mrs. BOXER. Mr. President, I am Finally, the bill improves security ROCKEFELLER, which I cosponsored, au- pleased to have this opportunity to for our aviation system, including ad- thorizing $600 million to enhance secu- vote in support of the Intelligence Re- ditional funds for Federal air marshals. rity on both all-cargo and passenger form and Terrorism Prevention Act. And while I am pleased that conferees aircraft. The conference report also re- Passage of this conference report today took note of my concern about pro- quires TSA to develop better tech- is an important step forward in defend- tecting the anonymity of Federal air nologies for air cargo security, authoring our country against the new marshals, I do not believe the final pro- izes funding for equipment and re- threats that face us. vision is strong enough. search and development and to create a While I expect that the overwhelming Clearly, this bill cannot be the last pilot program to evaluate the use of majority of the Senate will vote in piece of legislation we pass to make us currently available and next genera- favor of the conference report today, it safer. There is much more work to be tion blast-resistant containers. has not been an easy road to this point. done to protect our ports, our nuclear Overall, with respect to transpor- The Bush administration fought tooth and chemical plants, and the flying tation security, I believe that the com- and nail against creating an inde- public. Our first responders need far prehensive, bipartisan bill before us pendent commission to investigate the more attention so they have the inter- today will give TSA the tools it needs Government’s failings leading to the operable communications systems they to carry out his critical piece of the tragic day of September 11, 2001. And, need, and an adequate number of per- homeland security puzzle—securing our once the 9/11 Commission was estab- sonnel to protect our streets at all air transportation system. lished, the President’s record of co- times and for whatever reason. I also I have addressed some of the issues operation was spotty, at best. But believe that we are moving far too that were central to my work on this largely because of the brave efforts and slowly on developing countermeasures matter and shared many of my con- persistence of those families who lost to protect commercial aircraft against cerns with this conference agreement loved ones on 9/11, these obstacles were the threat of shoulder fired missiles. I package. It is critical, however, that I overcome and the important rec- will press hard for action on all of also express my deep sense of satisfac- ommendations made by the bipartisan these issues so that we do not simply tion that we are here today, ready to 9/11 Commission will be enacted into return to business as usual. pass this bill and send it to the Presi- law. America will never forget the trag- dent’s desk. The 9/11 Commission, led by co chairs edy that took place on September 11, We have come a long way this year. Thomas Kean and Lee Hamilton, did 2001. We are a changed Nation because And while it is not a perfect product, this country a great service by con- of it. The families of those who lost this legislation is still one the Amer- ducting a thorough investigation of the their lives that day have done tremen- ican people can be proud of. As of last events leading up to September 11, 2001. dous work in fighting for this bill. That week, we were not even sure this ac- The report issued in July contained is why I am pleased we are passing this complishment would be attributed to more than 40 important recommenda- bill today. The Federal Government the 108th Congress or if we would begin tions that will make us a stronger na- must do everything it can to prevent anew next year with the 109th. This tion as we work to confront the dan- another attack and today’s vote is a legislation builds on the recommenda- gers of global terrorism. Through the step in the right direction. tions of the 9/11 Commission and also hard work of Senator COLLINS, Senator Mr. FEINGOLD. Mr. President, with addresses the views of many other LIEBERMAN and others, these rec- a recognition that this bill is imper- studies and related commissions which ommendations were incorporated into fect, and with the firm conviction that focused on protecting the United bipartisan legislation that easily this effort is only one step in a much States. passed the Senate. And although the broader effort needed to get this coun- Mr. President, on September 7, 2004, I House of Representatives did not take try on the right track to effectively de- had the opportunity to question mem- the same bipartisan approach, the final feat the terrorist forces that have at- bers of the 9/11 Commission during a negotiated conference report is a good tacked this country, I will vote in SSCI hearing and in response to my bill that will improve our ability to favor of the intelligence reform con- question about how much we needed to fight terrorism in several ways. ference report today. accomplish in this round of reform, First, the bill creates a new Director I have tremendous respect for the 9/11 former Secretary of the Navy John of National Intelligence to serve as the Commission that made the rec- Lehman reminded us that in the 1947 head of all 15 intelligence agencies and ommendations at the heart of this leg- National Security Act, there were at control their budgets. This person islation. Their report was not charac- least three major fine-tunings in the would be accountable to Congress, the terized by an ill-considered rush to subsequent years. President, and the American people in simply act, but rather an imperative to He told us that the basic framework implementing the National Intel- act wisely. It was not colored by par- was passed as one package, but it was ligence Program. tisan biases, or tainted by self deluding recognized there was more needed to be Second, the bill requires the Presi- rosy scenarios about where we stand as done or refining what was done in the dent to create a new information shar- a country. I may not agree with every original act. He said that if we could ing environment. The 9/11 Commission word in the 9/11 Commission’s report, get the framework passed, then the found that our ability to defeat ter- but I strongly agree with the vast ma- flesh can be put on the bones further rorism is severely hampered because jority of it, and I believe that the Com- down the road. He specifically men- government agencies are resistant to mission performed a tremendous serv- tioned that some things such as how sharing information. This provision ice for the American people. many of the national intelligence cen- will ensure that information about ter- Among the most detailed and ters we should establish could wait rorists is shared not only among Fed- thoughtful recommendations of the until the DNI got his feet on the eral agencies, but also between Fed- Commission were those focused on the ground but that our primary focus eral, State and local agencies. urgent need for reform of America’s in- should be to put the framework in Third, the bill creates a new National telligence community. By stressing place now. counterterrorism Center to plan and unified effort, and most importantly, I agree with Secretary Lehman and coordinate counterterrorism missions accountability, the Commission point- that is why I will support passage of and a new National Counterprolifera- ed the way toward the reforms con- this bill even while believing we have tion Center to improve the Govern- tained in this bill. much work left ahead before we have ment’s ability to halt the proliferation This bill puts someone in charge of successfully transformed our intel- of weapons of mass destruction. America’s intelligence community— ligence apparatus, in the executive Fourth, the bill increases the number someone to be appointed by the Presi- branch and the legislative branch, into of border guards and immigration dent and confirmed by the elected rep- an organization that is fully equipped agents while also improving surveil- resentatives of the American people in

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11984 CONGRESSIONAL RECORD — SENATE December 8, 2004 the Congress. The Director of National there are better and more constitu- The material support provision Intelligence will be in charge not sim- tional ways to deal with a situation amends and expands the current crime ply via title and not only because we where evidence of a connection to a of providing material support to terror- reorganized boxes on an organizational foreign government or terrorist organi- ists or terrorist organizations. One fed- chart. This legislation provides real au- zation is not easily obtained. eral court, of course, has ruled that a thorities to the DNI in terms of allo- Even if section 6001 survives con- provision of the current statute is un- cating resources, establishing tasking stitutional challenge, it would mean constitutional because it criminalizes priorities, and ensuring information- that non-U.S. persons could have elec- First Amendment protected activities. sharing to unify our efforts. It is up to tronic surveillance and searches au- In January, a federal judge in Cali- the Director to use the powers granted thorized against them using the lesser fornia ruled that a provision added by in this bill to make this community standards of FISA even though there is the PATRIOT Act criminalizing the function—to make sure that the right no conceivable foreign intelligence as- provision of ‘‘expert advice or assist- people have the right resources and the pect to their case. This provision may ance’’ to a terrorist organization was right priorities, and that they share very well result in a dramatic increase vague and therefore unconstitutional. crucial information with their colin the use of FISA warrants in situa- The judge found that the term ‘‘expert leagues. tions that do not justify such extraor- advice or assistance’’ could be inter- And I will add that it is up to the dinary government power. preted to include unequivocally pure President of the United States and this When the lone wolf provision was speech and advocacy protected by the Congress to ensure that the lines of au- considered in the Senate as a stand First Amendment. The judge found alone bill last year, I supported an thority and the clear accountability that the PATRIOT Act bans all expert amendment by Senator FEINSTEIN that laid out in the language of this legisla- advice and assistance, including pro- we thought was a reasonable alter- tion come alive. We must insist on real viding peacemaking or conflict resolu- native way to make sure that FISA can tion advice, and places no limitation accountability; we must accept noth- be used against a lone wolf terrorist, on the type of expert advice and assisting less. without eliminating the important The conference report also estab- ance that is banned. agent of a foreign power requirement. lishes, in law, the mandate for the Na- The conference report attempts to The amendment would have created a cure this constitutional defect in the tional Counterterrorism Center to permissive presumption that if there is law. It states that the law criminal- bring an integrated effort to that ur- probable cause to believe that a non- izing providing material support to a gent priority. If we are ever to connect U.S. person is engaged in or preparing foreign terrorist organization shall not the disparate dots that can shed light to engage in international terrorism, on the methods, the plans, and the the individual can be considered to be be construed to abridge rights guaran- vulnerabilities of fluid, flexible ter- an agent of a foreign power even if the teed by the First Amendment. The con- rorist networks that operate in the evidence of a connection to a foreign ference report also allows an exception shadows, we must integrate our own ef- power is not clear. The use of a permis- for providing personnel, training, or ex- forts, not as an afterthought, but as a sive presumption rather than elimi- pert advice or assistance that is ap- fundamental organizing principle. nating the foreign power requirement proved by the Secretary of State and However, I am troubled by some pro- would have maintained judicial over- the Attorney General. But I am not visions that were added in conference sight and review on a case by case basis convinced that these provisions cure that have nothing to do with reforming on the question of whether the target the constitutional flaws. And expand- our intelligence network. The bill in- of the surveillance is an agent of a for- ing this provision is therefore the cludes in section 6001 what has come to eign power. The permissive presump- wrong way to go. be known as the ‘‘lone wolf’’ provision. tion would permit the FISA judge to Furthermore, as I noted earlier, the The lone wolf provision eliminates the decide, in a given case, if the govern- material support provision in the con- requirement in the Foreign Intel- ment has gone too far in requesting a ference report has not been debated ligence Surveillance Act, FISA, that FISA warrant. and analyzed in the Senate Judiciary surveillance or searches be carried out Senator FEINSTEIN’s formulation Committee or even on the floor of the only against persons suspected of being would have put some limit on the gov- Senate when this bill was considered agents of foreign powers or terrorist ernment’s ability to use this new power before the election. The 9/11 Commis- organizations. I am very concerned to dramatically extend FISA’s reach. If sion strongly recommended that when about the implications of this provi- the government comes to the conclu- determining whether to expand Federal sion for civil liberties in this country. sion that an individual is truly acting law enforcement power, the burden is It is important to remember that on his or her own, then our criminal on the executive branch to show how FISA itself is an exception to tradi- laws concerning when electronic sur- its proposals would materially enhance tional constitutional restraints on veillance and searches can be used are security and what steps it will take to criminal investigations, allowing the more than sufficient. True lone wolf ensure the protection of civil liberties. government to gather foreign intel- terrorists can and should be inves- The executive branch has not even ligence information through wiretaps tigated and prosecuted in our criminal started to meet that test here. We and searches without having probable justice system. Section 6001 allows the don’t know how this new provision will cause that a crime has been or is going government to use FISA to obtain a work, and what problems might arise to be committed. The courts have per- warrant for surveillance even if it because of it. We haven’t had the op- mitted the government to proceed with knows that the subject has no connec- portunity to consult with experts and surveillance in this country under tion whatsoever with a foreign power consider amendments in the normal FISA’s lesser standard of suspicion be- or a terrorist organization. That is not legislative process. Congress and the cause the power is limited to investiga- right. American people deserve a full debate tions of foreign powers and their I am also very concerned about the on this issue. Inserting this provision agents. This bill therefore writes out of material support, section 6601 et seq., in the conference report without that the statute a key requirement nec- and pre-trial detention, section 6952, debate was a mistake. essary to the lawfulness of intrusive provisions contained in the conference Similarly, the pretrial detention pro- surveillance powers that may very well report. Neither of these provisions was vision was not recommended by the 9/11 otherwise be unconstitutional. considered by the Senate, or even by Commission, and the administration By allowing searches or wiretaps the Senate Judiciary Committee. has never shown how current law is in- under FISA of persons merely sus- While it appears that the material sup- adequate. Furthermore, like the mate- pected of engaging in or preparing to port provision adopted by the con- rial support provision, this provision engage in terrorism, the bill essen- ference is not as broad as the provision did not receive adequate consideration tially eliminates the protections of the contained in the House bill, its full im- by the Senate. At the only hearing Fourth Amendment. I voted against plications cannot possibly be analyzed where this issue was raised this year, the lone wolf bill when it passed the in the brief time we have to consider the Department of Justice could not Senate early in this Congress. I believe this bill. give a single example where current

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11985 law failed and this expanded presump- rose above partisan politics. They are talking about Senators COLLINS tion of pretrial detention was needed. unanimously passed a report that con- and LIEBERMAN, and what they did here Current law, which allows for bail to be tained comprehensive recommenda- to make America safer. denied if a defendant is a flight risk or tions to make our intelligence better This legislation is particularly im- a danger to the community, is fully and our country safer. The Senate re- portant to me, for I have been working adequate to cover the kinds of ter- sponded to the Commission’s work and to bring about the essential reform rorism cases where bail should not be on October 6 overwhelmingly passed a contained in this law—the creation of granted. Reasonable bail is a constitu- reform bill that enjoyed the support of Director of National Intelligence to ef- tional right. I am very troubled by the the commission and the families. fectively lead the intelligence commu- expansion of the presumption that bail This conference report also enjoys nity—for a long time. will be denied. the strong support of the 9/11 Commis- This work began in 2002, when I in- Unfortunately, this Justice Depart- sion, and the families who lost loved troduced the Intelligence Community ment has a record of abusing its deten- ones. Most important of all, it enjoys Leadership Act, which would have cretion powers post-9/11 and of making the strong support of the American ated a Director of National Intel- terrorism allegations that turn out to people. This bill creates a strong Na- ligence with authority over budget, have no merit. It is worth noting that tional Intelligence Director and a personnel, and strategy, similar to the crime of material support of ter- Counterterrorism Center, as well as an what is in the bill before the Senate rorism, which has been expanded in independent board to protect our civil today. this bill, is one of the crimes where a liberties. First, the Senate and House Intel- suspect is presumptively denied bail. In These reforms will make it harder for ligence Committees joined together to sum, as with the material support pro- information to slip through the cracks create the ‘‘Joint Inquiry into the at- vision, the administration has not met of our intelligence system. They will tacks of September 11th, 2001.’’ That its burden of showing how the ex- make it easier for our intelligence offi- inquiry carefully examined the intel- panded pretrial detention provision is cials to connect the dots and see the ligence-related background of the at- necessary and would not impair con- kind of warnings that could have pre- tacks. The resulting report had, as its very stitutional rights and protections. It vented the tragic events of 9/11. They first recommendation, the creation of a has no place in this bill. will make it easier to coordinate the Director of National Intelligence. This This bill is not perfect. Over time, as efforts of the 15 different agencies that recommendation was unanimously the new structure begins to operate, we are responsible for providing the good adopted by both the Senate and House may find that additional changes are intelligence we must have to win the Intelligence Committees. needed. But the conference report war on terror. The following year, the Senate Intel- takes critically important steps in the Along with the Congressional re- ligence Committee examined the intel- right direction. I commend Senators forms we achieved in October, we have ligence relating to the assertions that COLLINS and LIEBERMAN for working improved our intelligence operations Iraq possessed weapons of mass de- tirelessly to ensure that this legisla- and followed the key recommendations struction. tion becomes law this year. of the 9/11 Commission. As we all know, no such weapons Mr. REID. Mr. President, the United I appreciate the hard work of the were found, despite prewar intelligence States of America today is the greatest Commission and its co-chairs TOM which unambiguously stated that Sad- military force in history. Our men and KEAN and LEE HAMILTON, who endorsed dam Hussein both possessed and in- women in uniform are second to none. this conference report. I appreciate the tended to use such weapons. Nobody disputes our military superi- House leadership for allowing a vote on The findings of that report illus- ority. And yet, military might alone this bill, despite opposition from many trated what the Joint Inquiry had will not win the war on terror. members of the majority parry. And of found the year before: The failures Military might alone will not win be- course our Nation owes a debt of grati- were in part due to flaws in the intel- cause our enemies will never meet us tude to Denise Keasler and all the ligence community, most notably the face to face. Instead, they will try to other Americans who lost loved ones lack of an effective leadership struc- hit us when we aren’t looking. That is on 9/11, and who fought tirelessly for ture. why good, solid intelligence is one of these reforms. Even as the Senate Intelligence Com- our most important weapons in the war Denise said today that she is so glad mittee was completing its work, so too on terror. this bill is passing, because she doesn’t was the 9/11 Commission. Our enemies caught us off guard on want a single other American to en- Again, their findings were clear. The September 11, 2001. And even as we dure the kind f pain that she has suf- Commission found that America’s in- vowed that it must never happen again, fered since her daughter was killed on telligence community needed struc- we realized that we needed to make 9/11. That is the goal we all share. This tural reforms, most important of which some fundamental changes in our intel- bill will move us closer to making our was the creation of a single head of the ligence agencies. The creation of the country safer. intelligence community, with adequate 9/11 Commission was a major step to- Mrs. FEINSTEIN. Mr. President, I budget, personnel, and statutory au- ward needed change. There was ini- today offer my support for the con- thority. Further, that person could not tially some political opposition to this ference report on the Intelligence Re- simultaneously serve as Director of the Commission, but mainly because of the form and Terrorism Prevention Act of Central Intelligence Agency. unrelenting support of the families of 2004. Simply put, this legislation rep- In the beginning of this Congress, I 9/11 victims, we created the Commis- resents the first, and most critical, reintroduced the original 2002 legisla- sion. step towards bringing our national se- tion, and soon I was not alone. Sen- One of these family members is curity structure into the 21st Century. ators SNOWE, LOTT, WYDEN, and MIKUL- Denise Keasler of Las Vegas, who lost I begin by offering my thanks, and SKI joined my effort, along with Sen- her daughter, Karol Keasler, in the praise, to Senators SUSAN COLLINS and ators ROCKEFELLER and GRAHAM, the twin towers. Karol worked on the 89th JOE LIEBERMAN. This bill would never current and former Vice Chairman of floor of the World Trade Center. After have been done without their extraor- the Intelligence Committee. the first plane hit the north tower, she dinary work. Their effort combined in- In August of 2004, I wrote with Sen- called her mother to tell her that she tellectual distinction and adherence to ators SNOWE, GRAHAM, MIKULSKI and was OK. Then the line went dead. the best traditions of the United States WYDEN to the President asking for his Like many of the people who lost Senate. They were able to construct ‘‘support and assistance in moving for- loved ones that day, Denise has dedi- good, solid law and then build a con- ward with legislation to make needed cated herself to reforming our intel- sensus that crossed party lines in the changes to the structure of our na- ligence system. And was because of the midst of an intensely political season. tion’s intelligence community.’’ I ask dedication of people like her that the When we speak of how the Senate unanimous consent that this letter be 9/11 Commission was created. Once the should work—with a spirit of printed in the RECORD immediately fol- Commission was in place, its members collegiality and mutual respect—we lowing this statement.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11986 CONGRESSIONAL RECORD — SENATE December 8, 2004 The PRESIDING OFFICER. Without The solution to this problem is to en- commission, most importantly by ‘‘split- objection, it is so ordered. sure that the position of intelligence ting’’ the two jobs held by one person into (See exhibit 1.) community director is provided real two: a ‘‘Director of National Intelligence’’ to Mrs. FEINSTEIN. Soon thereafter, budget authority, real personnel au- lead the Intelligence Community, and a ‘‘Di- rector of the Central Intelligence Agency’’ to Senators COLLINS and LIEBERMAN were thority, and real authority to set strat- provide leadership for the CIA. given the monumental task of moving egy and policy, and this bill does that. You announced yesterday your support for forward with the project of intelligence This conference report includes com- the creation of a Director of National Intel- reform. They were certainly the right promises that slightly diminish these ligence to oversee our nation’s intelligence choice. I provided my legislation to authorities as they were originally agencies. In addition to this fundamental them, and I am pleased that much of it conceived in the Senate bill which structural change, we agree with many of was included in their finished product, overwhelmingly passed in September. the Commissioners’ most important rec- which in turn forms the basis for the I would have preferred that the DNI ommendations concerning additional intelligence reform. We look forward to working conference report we are considering have more authority, but I understand with you in implementing these important today. and respect the concerns raised by reforms. Let me now turn to the substance of some, including my friend and col- We would welcome the opportunity to dis- the law we are about to vote upon, not- league Senator WARNER of the Armed cuss the legislation with you, and look for- ing that this legislation is just a first Services Committee, that we could un- ward to working together to address these step towards reform. It is a top-level intentionally harm the uniformed mili- critical issues. Sincerely yours, structural change that is designed to tary. DIANNE FEINSTEIN, lay the groundwork for the deep cul- The result is a compromise, and I tural, bureaucratic and operational OLYMPIA J. SNOWE, think we can and should live with that BOB GRAHAM, changes which are needed throughout compromise. BARBARA A. MIKULSKI, the intelligence community. The DNI The structure that is set out in the RON WYDEN, will have a big job to do, and this legis- conference report closely tracks what United States Senators. lation is just the beginning. originally was contained in the 2002 In- Enclosures as described. As I have noted, the way our intel- telligence Community Leadership Act: Mrs. MURRAY. Mr. President, I rise ligence community is structured is fun- It creates a Director of National Intel- today to express my support for the In- damentally flawed. It is unsuited for ligence, separate from the CIA Direc- telligence Reform and Terrorism Pre- the 21st century. The old days of the tor; The DNI is given adequate budget, vention Act of 2004. This landmark leg- Soviet Union and Communism are personnel and strategic planning au- islation will modernize and unify our over, replaced by a world of asym- thority; The DNI can set priorities for intelligence community and help en- metric threats, rogue states, and shift- intelligence collection and analysis, sure the safety of our country. ing terror organizations. and manage tasking across all 15 agen- I strongly support this vital intelligence reform bill. The 9/11 Commis- The most important of these struc- cies. tural failings is related to what under It also contains some ideas advanced sion worked incredibly hard to identify current law is called the office of the by the 9/11 Commission which I believe how to better protect our country from Director of Central Intelligence, known are important. Most important of these terrorism and gave us an excellent as the DCI. That title involves two sep- is the creation of a National Counter- roadmap to protect our people. We in arate, and I believe incompatible, terrorism Center, which will serve Washington State are proud of the out- jobs—head of the intelligence commu- under the DNI when engaged in intel- standing work put in by Commissioner nity and head of the Central Intel- ligence-related matters. It also in- Slade Gorton. He has again done his State proud in service to our country. ligence Agency. cludes the creation of a Directorate of Thus, there is only a nominal head of My colleagues, Senators COLLINS and Intelligence within the Federal Bureau the intelligence community, who can- LIEBERMAN, deserve a great deal of of Investigation. credit for getting us here today. When not be effective. This is because of two What is the bottom line? It is that, some thought that real reform of our problems built into its structure. with the passage of this bill, we will The first problem is that the DCI has intelligence community was just a have taken a critical concrete step to- two basic, incompatible jobs: Leader of dream, too complicated to be realized, wards equipping our Nation to defend the intelligence community, which in- it was their dogged determination to against the enemy of the 21st century— cludes 15 agencies and departments, craft a good piece of legislation that terrorists, rogue states and others who and in that role is the principal intel- carried us through. And when others would do us harm. threw roadblocks in their path, it was ligence adviser to the President; and We recognize that what worked in their patience and perseverance that leader of the Central Intelligence 1947 does not necessarily work today. allowed us to come together and put Agency, which is only one of the 15 We create a new intelligence commu- the safety and security of our nation agencies which make up that big, and nity, and a new leader of that commu- before politics. sometimes fractured, community. nity, with stature and authority to do These two jobs cannot effectively be I especially commend the September the job. 11 families who bravely stood up and held by one person. Each is a full time I thank my colleagues in this and the spoke out in favor of creating the Com- job. They require full and undivided at- other body who worked so hard to mission. They forced our Government tention. bring us to where we are today, pre- Perhaps worse, they can be in direct to fully examine the terrorist attacks pared to pass a truly historic law conflict, because what is good for the and to find ways to make our people which will make everyone safer in an intelligence community in terms of safer. Their brave advocacy has made a unsafe world. mission, resources, and strategy, may difference, and this bill is a fitting not be good for the ‘‘troops’’ at the EXHIBIT 1 tribute to their loved ones. Central Intelligence Agency. U.S. SENATE, As a member of both the Homeland Secondly, under the current struc- Washington, DC, August 3, 2004. Security Appropriations Subcommittee ture, the DCI lacks basic tools needed Hon. GEORGE W. BUSH, and the Senate’s 9/11 Working Group, I The White House, to run any large government depart- Washington, DC. have looked closely at these chal- ment—budget, personnel, and statu- DEAR MR. PRESIDENT: We write to seek lenges. Over the past few years, I have tory authority. your support and assistance in moving for- worked closely with the Department of Today, the DCI nominally admin- ward with legislation to make needed Homeland Security, including the isters the nuts and bolts functioning of changes to the structure of our Nation’s In- Coast Guard, FBI, TSA, Border Patrol, the intelligence community, money telligence Community. We are co-sponsors of as well as the National Guard and local and people. I say ‘‘nominally’’ because the ‘‘Intelligence Community Leadership law enforcement throughout Wash- the DCI does not really control all that Act of 2003,’’ which was first introduced on ington State. Through our work to- January 16, 2003, legislation which we believe much of that money, or the people who is a valuable starting point for this effort. gether, I have learned first hand the use that money to run operations, con- That legislation closely matches the rec- difficulties they face every day in de- duct analysis, and build spy systems. ommendations recently made by the 9–11 fending our country.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11987 We need clear direction for our coun- ing with all of my colleagues in the bill, which relates to public diplomacy try’s intelligence community. The Congress and the administration to responsibilities of the Department of Commissioners stressed better coordi- provide the critical funding needed to State. I commend the conferees for set- nation between the various intel- achieve the homeland security mission. ting forth the important statement ligence agencies, and this bill accom- Mr. CORZINE. Mr. President, I am that public diplomacy must be integral plishes that and so many other impor- pleased today to vote for the Intel- to American foreign policy. I don’t tant goals. I am glad that in the same ligence Reform and Terrorism Preven- have any doubt that Secretary Powell bipartisan spirit that the 9/11 Commis- tion Act of 2004. The bill represents a understands that fact, but it is worth sion showed throughout their work, we critical step toward improving our in- codifying this statement in law. in Congress were able to work through telligence capabilities. If faithfully im- Section 7109 adds a new section 60 to our differences to pass this most implemented, it will allow our intel- the State Department Basic Authori- portant reform bill. ligence community to coordinate its ties Act of 1956, which, as the name im- I fully support the steps this bill in efforts to thwart terrorism and defeat plies, is the main operating statute for taking in several areas, including: terrorists abroad. The establishment of State Department activities. Sub- Intelligence—through the creation of a Director of National Intelligence is section (b) of section 60 instructs the a Director of National Intelligence, also necessary if we are to successfully Secretary of State to make every ef- DNI, this bill restructures and prioritize our efforts to fight terrorism, fort to coordinate the public diplomacy strengthens the intelligence commu- confront threats from nation states, activities of the Federal Government, nity. The DNI will have the authority stabilize failed states that act as breed- and to coordinate with the Broad- and resources to transform the intel- ing grounds for terrorists, and stop the casting Board of Governors to develop ligence community into an agile net- proliferation of nuclear and other dan- a strategy ‘‘for the use of public diplo- work to fight terrorism. gerous weapons. The Director will also macy resources.’’ Information sharing—the 9/11 Com- be responsible for ensuring that our The Broadcasting Board of Gov- mission recommended a new, Govern- policies are once again informed by ac- ernors, BBG, is an agency that is sepa- ment-wide approach to information curate and objective intelligence. rate and distinct from the Department sharing. This bill will facilitate infor- Improving our intelligence capabili- of State. It was established as a sepa- mation sharing among Federal, State, ties is especially important to the peo- rate agency in 1998 for an important local, tribal, and private sector enti- ple of New Jersey. More than 700 of reason: to place a ‘‘firewall’’ between ties. New Jersey’s citizens died on Sep- the foreign policy makers and the jour- Privacy and civil liberties—this bill tember 11, 2001. At least two of the 9/11 nalists who operate our international creates an oversight board that will en- terrorists lived in New Jersey, and the broadcast services as a means of pro- sure privacy and civil liberties are ap- anthrax that struck Washington in Oc- tecting journalistic integrity. The propriately considered as laws regula- tober 2001 originated in New Jersey. Board consists of nine members, one of tions, and policies are implemented to Our State is also especially vulnerable whom is the Secretary of State. Of protect our country against terrorism. to terrorist attack. Our transportation course, the two agencies do cooperate, This oversight board will safeguard in- infrastructure, chemical plants and as current law already instructs. The dividual’s rights. State Department has a voice in the Transportation security—the 9/11 ports are not adequately secured, and Board’s activities through the Sec- Commission highlighted several defi- one stretch of road has been called by ciencies in transportation security. the FBI the most dangerous 2 miles in retary’s seat on the Board, and the De- This bill will improve passenger America. partment has a statutory mandate prescreening on airlines and cruise We would not be passing this bill under the U.S. International Broad- ships and require the TSA to develop were it not for the families of 9/11 vic- casting Act of 1994 to provide ‘‘infor- better technologies for air cargo secu- tims. They turned our national tragedy mation and guidance on foreign policy rity. into meaningful reform. They have in- issues to the Board.’’ And, by law, the Border and immigration enforce- spired us, even as they have helped Secretary must be consulted whenever ment—this bill includes provisions to make us safer. This bill is also a testa- decisions are made about adding or de- enhance security of our borders and en- ment to the incredible work of the 9/11 leting language services. force border and immigration laws. It Commission. Under the steady leader- The requirement for a strategy under allows the Secretary of Homeland Se- ship of former New Jersey Governor section 60 must be read in light of this curity to carry out a pilot program to Tom Kean and former Representative existing law. It does not breach the test advanced technologies that will Lee Hamilton, the bipartisan commis- firewall. Rather, it recognizes the re- improve border security between ports sion put our Nation’s safety ahead of ality that creating a public diplomacy of entry along the northern border of politics. The Commission brought the strategy for the Government will in- the United States. These technologies country together in understanding the volve collaboration between the State would be used for border surveillance attacks of 9/11 and the events that pre- Department and the BBG. The provi- and operation in remote stretches ceded the attacks. Through its public sion in this legislation does not give along the border where resources are hearings and transparent approach, the Secretary any more authority with stretched thin. they also rallied the country behind regard to the international broad- Since the tragedy of September 11, the hard, but critical work of intel- casting activities of the BBG than he Congress has passed strong legislation ligence reform. has under current law, nor does it give to protect the homeland only to see the The bill itself will not, however, the BBG any authority over other pub- President fail to request adequate make us safer, unless it is fully imple- lic diplomacy activities outside of funding to achieve the homeland secu- mented in letter and spirit. The success international broadcasting. rity mission. We can not play home- of these reforms is also dependent on Subsection (b) of section 7109 amends land security roulette forever and ex- the people tasked with carrying them current law to further delineate the re- pect to successfully defeat terrorism. out. As a new member of the Senate In- sponsibilities of the Under Secretary of To best protect the American people, telligence Committee, I will make sure State for Public Diplomacy. Among we must fund our intelligence and that the bill is implemented as in- other things, this subsection tells the homeland security efforts to swiftly tended, that our intelligence commu- Under Secretary to assist the Broad- implement these changes. nity has the tools and resources to pro- casting Board of Governors to ‘‘present Today’s action is an important step tect us, and that reforming our intel- the policies of the United States clear- toward achieving a truly integrated na- ligence does not result in the infringe- ly and effectively,’’ and to ‘‘submit tional effort in the global war on ter- ment of our civil liberties. I will also statements of United States policy and ror. This bill makes significant ensure that our intelligence agencies editorial material to the [BBG] for changes necessary to meet current and are led by the best people our country broadcast consideration.’’ These provi- future national security challenges. has to offer. sions are consistent with the current I am proud to support this historic Mr. BIDEN. Mr. president, I wish to practice under which editorial state- legislation, and I look forward to work- speak briefly about section 7109 of the ments of U.S. policy are reviewed by

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11988 CONGRESSIONAL RECORD — SENATE December 8, 2004 the Department of State. The language Among other things, this bill will also prevent privacy abuses, this panel will in the bill that material is to be sub- establish a national counterterrorism not have subpoena power, and its mem- mitted for ‘‘broadcast consideration’’ center, and direct the Transportation bers will serve at the pleasure of the makes clear that final authority about Security Administration to take steps President. This situation calls into what is to be broadcast rests with the to strengthen our transportation secu- question whether, in practice, the BBG. rity efforts. panel will be able to fulfill its role of Mr. DODD. Mr. President, I rise But I also have strong reservations protecting Americans from the ex- today to speak about the conference re- about certain aspects of this con- cesses of power exercised by their Gov- port of the national intelligence reform ference report. ernment. bill, which is currently pending before First, the new Director of National Despite these reservations, I voted in this body. I would like first to com- Intelligence, DNI, would not be di- support of this conference report. We mend Senators COLLINS and LIEBER- rectly in charge of day-to-day intel- have already waited too long—3 years MAN, as well as Representatives HOEK- ligence-gathering operations. Indeed, and 3 months—and the process of intel- STRA and HARMAN, for their efforts in this bill—whose language, in some cru- ligence reform must begin. This legis- crafting this legislation. cial places, is disturbingly vague—pro- lation is a beginning. Let me be clear from the outset. I vides that the DNI will not in practice The tragedy of 9/11 continues to echo support the 9/11 Commission’s rec- head up the intelligence pyramid pro- today with each family that lost a ommendations, as I think do most of us viding recommendations to the Presi- loved one that horrible day. No legisla- here in the Senate. The Commission dent. tive reforms can alleviate that loss or was a bipartisan group whose members Instead, the DNI will now have com- wash away the heart-wrenching pain dutifully dedicated well over a year of petition from the CIA Director, as well felt by these families. But if done their lives to the protection of our Na- as the Director of the newly created right, reforms might help prevent an- tion. We owe them a great debt of grat- National counterterrorism Center— other such tragedy from happening itude—not only for the hard work that both of whom will be presidential ap- again. went into preparing their report, but pointees requiring confirmation by the That is why I would also offer a word for their concerted effort since then to Senate. Rather than simplification and of advice to the administration, to the keep the issue of intelligence reform at consolidation, it is possible that this officials who are eventually confirmed the front of the national agenda. could have the effect of creating new for these posts, and to those whose jobs But as we all know, many months bureaucracies and increasing confu- will be to root out terrorists within our have passed since the 9/11 Commission sion. borders. The American people will be issued its report. And our Nation’s in- We should remember that among the watching you, as will Congress. And to- telligence system remains broken. purposes of creating a DNI was to con- gether, we will make every effort to en- That is not because the Senate failed solidate intelligence coordination ef- sure that the process of reform con- to act. I was pleased in October when forts in one person who could craft a tinues and that Americans’ constitu- the Senate came together in a bipar- suitable budget, ensure sharing of in- tionally guaranteed rights are pro- tisan fashion to pass the National In- formation among agencies, and con- tected. telligence Reform Act of 2004, which solidate information for presentation Mrs. CLINTON. Mr. President, today closely followed the important rec- to the President. It is by no means cer- is a historic day. We are coming to the ommendations of the 9/11 Commission. tain that this purpose will be achieved end of a process that began imme- I strongly supported that bill. by this legislation. diately after the September 11 attacks Had the House’s version of that bill Second, although the DNI would have and is ending with a historic reorga- followed the 9/11 Commission’s rec- control over much of America’s total nization of the intelligence commu- ommendations as closely as the Sen- intelligence budget—roughly $40 bil- nity. Today’s vote, coming after ate’s version, we would not have been lion—he or she would not have control months of testimony before the 9/11 here today talking about the lingering over approximately 30 percent of this Commission, weeks of hearings on Cap- need to pass intelligence reform. Un- total, including certain tactical mili- itol Hill and tough negotiations in Con- fortunately, House Republicans in- tary intelligence operations. The De- gress, represents a signal accomplish- cluded several provisions in their bill— partment of Defense, DOD, would re- ment in reforming our government to and insisted on them during contain control over those operations and protect our homeland and fighting the ference—that nearly derailed the en- funds. war on terror. tire effort. Why is this a problem? Because these Today’s accomplishment, the Intel- The 9/11 Commission urged them to DOD intelligence collection agencies ligence Reform and Terrorism Preven- drop these provisions. But their pleas provide three-quarters of our Nation’s tion Act of 2004, would not have been fell on deaf ears. military and international intel- possible without the courage, dedica- President Bush was also slow to ligence. Leaving aside operational con- tion and hard work of the families of react. Although he has professed his trol, if the DNI doesn’t have budgetary the victims of September 11. It was the support for intelligence reform, during authority over three-quarters of some persistence and resilience of these most of this time, the President sat on of our most important intelligence ac- brave family members who lost their the sidelines as members of his own tivities, how will that person be able to loved ones on September 11 that led to party nearly prevented its implementa- effectively carry out their job of pro- the creation of the 9/11 Commission. tion. tecting the American people? And it was their continued resolve that Having said that, I am pleased that Also of concern are provisions which helped to keep the heat on Congress to House-Senate conferees worked out could affect Americans’ civil liberties. insure that those recommendations their differences over this measure. I For example, this bill will create an were put into law. While not every rec- voted in support of this conference FBI intelligence directorate, and it ommendation of the 9/11 Commission is agreement a short while ago because will require the FBI to specifically included in this bill, the bill makes his- reform of our intelligence systems is train and dedicate a group of its agents toric changes in the way our govern- long overdue. It can not be put off any to gather domestic intelligence against ment will collect and analyze intel- longer. suspected terrorists. Obviously, we ligence so that we hopefully never In part, this bill achieves some im- need to prevent terrorists from reach- again have to live through a day like portant objectives set out by the 9/11 ing our shores and root them out if and September 11. Commission. It establishes the position when they are here. But we will have In the aftermath of September 11, of Director of National Intelligence, to keep close watch to ensure that and as the 9/11 Commission report so DNI, the person who, hopefully, will Americans’ civil liberties are not vio- aptly demonstrates, it is clear that our help coordinate the flow of intelligence lated as part of these efforts. intelligence system is not working the to the President, as well as set budg- That is why I am so concerned that way that it should. The Commission re- etary priorities for a fair amount of although this legislation creates a port, following on the work of prior our Nation’s intelligence activities. panel to protect civil liberties and to commissions that have studied the

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11989 issue, details how we have 15 different will be dedicated specifically to our are to win the war against terrorism. intelligence agencies who are not shar- northern border. There will also be an We need to ensure that our frontline ing information, not communicating increase of at least 4,000 full-time im- solders in the war against terrorism with one another and missing impor- migration and Customs enforcement here at home—our local communities tant linkages. This legislation, through officers in the next 5 years. and our first responders—are as in- the creation of a Director of National While I look forward to a productive formed as possible about any possible Intelligence, DNI, breaks down the ar- debate on immigration issues in the threat so that they can do the best job tificial barriers in the intelligence next Congress, I am pleased that there possible to protect all Americans. I am community and insures that there is a are a number of key immigration re- pleased that this legislation mandates high level official, answerable to the form provisions in this legislation, in- major improvements in this regard. President, who is working to insure cluding those addressing the process of Contained in title VII of the act are that our intelligence agencies are shar- obtaining U.S. visas. provisions from the 9/11 Commission ing information and communicating I am also pleased that the legislation Implementation Act of 2004, legislation with one another. addresses the root causes of terrorism introduced by Senators MCCAIN and This legislation gives the DNI budget in a proactive manner. This is an issue LIEBERMAN and for which I am proud to authority over the intelligence com- that I have spent a good deal of time have been an original cosponsor. munity which will allow him or her to on in the past year because I believe so Among its provisions are those that ad- exercise proper control over the coordi- strongly that we are all more secure dress homeland security preparedness, nation among agencies. In Washington, when children and adults around the including a call for a unified incident budget authority means real authority world are taught math and science in- command system and significantly en- and strengthening the DNI is a major stead of hate. The bill we are voting on hancing interoperable communications accomplishment of this bill. He or she today includes authorization for an between and among first responders will also be responsible for budget exe- International Youth Opportunity and all levels of government. Title VII cution and have the authority to repro- Fund, which will provide resources to also speaks to the need for allocation gram funds and transfer personnel. build schools in Muslim countries. The of additional spectrum for first responder needs and to assess strategies These powers will allow the DNI to es- legislation also acknowledges that the that may be used to meet public safety tablish objectives and priorities for the U.S. has a vested interest in commit- telecommunication needs, an issue intelligence community and manage ting to a long-term, sustainable invest- that I have focused on intensely as co- and direct tasking of collection, anal- ment in education around the globe. chair of the E–911 Caucus. ysis, production, and dissemination of Some of this language is modeled on I am extremely disappointed, how- national intelligence. legislation that I introduced in Sep- ever, that this legislation does not spe- This legislation also establishes a tember, the Education for All Act of cifically mandate an improvement in Privacy and Civil Liberties Oversight 2004, and I believe it takes us a small how the Federal Government allocates Board, as the 9/11 Commission rec- step towards eliminating madrassas critical homeland security funds to ommended. The creation of this Board and replacing them with schools that States and local communities around is intended to ensure that at the same provide a real education to all chil- the country. As many of my colleagues time we enhance our Nation’s intel- dren. know, I have repeatedly called upon ligence and homeland defense capabili- But we are being shortsighted if we the administration and my colleagues ties, we also remain vigilant in pro- limit our educational investments to to implement threatbased homeland tecting the civil liberties of Americans. countries with predominantly Muslim security funding to ensure that the Our civil liberties define us as Ameri- populations, and if we focus solely on homeland security resources go to the cans. As the 9/11 Commission said, expanding the number of U.S.-run States and areas where they are needed ‘‘Our history has shown us that insecu- schools in these areas, as the Intel- most. I have introduced legislation in rity threatens liberty. Yet, if our lib- ligence Reform and Terrorism Preven- this regard and even developed a spe- erties are curtailed, we lose the values tion Act does. Instead, the U.S. should cific homeland security formula for ad- that we are struggling to defend.’’ The work with the global community to ministration officials to consider. conference report being considered create strong incentives for developing But threat-based funding is not only today essentially charges the Board countries to build universal, public important to me and to the New York- with primary executive branch respon- education systems of their own. Only ers whom I represent; it was also a pri- sibility for ensuring that privacy and then will our investments have the mary recommendation of the 9/11 Com- civil liberty concerns will be appro- maximum impact because only then mission. Specifically, in its report, the priately considered in the implementa- will they result in systemic change. Commission stated: tion of provisions designed to protect We do not know where the next Af- We understand the contention that every us against terrorism. While the legisla- ghanistan will spring up, but we do state and city needs to have some minimum tion that initially passed the Senate know that extremism will flourish infrastructure for emergency response. But explicitly provided the Board with sub- where educational systems fail. federal homeland security assistance should The 9/11 Commission, and the com- not remain a program for general revenue poena powers, the conference report sharing. It should supplement state and local that we are voting on today does not. missions before it, including the Home- resources based on the risks or vulnerability That omission is unfortunate, and I land Security Independent Task Force that merit additional support. Congress will work with my colleagues in Con- of the Council on Foreign Relations, should not use this money as a pork barrel. gress to address this issue and provide chaired by former Senators Warren The 9/11 Commission also rec- such powers in the future, so that the Rudman and Gary Hart—Hart-Rudman ommended that an advisory committee Board will have the tools it will need Commission—and the Advisory Panel be established to advise the Secretary to help us maintain the proper balance to Assess Domestic Response Capabili- on any additional factors the Secretary between our Nation’s security and our ties for Terrorism Involving Weapons should consider, such as benchmarks liberties. of Mass Destruction, chaired by former for evaluating community homeland The legislation calls for dramatic im- Gov. James Gilmore III—Gilmore Com- security needs. As to these bench- provements in the security of our Na- mission—called for dramatic improve- marks, the Commission stated that tion’s transportation infrastructure, ments in the sharing of intelligence in- ‘‘the benchmarks will be imperfect and including aviation security, air cargo formation. In the immediate aftermath subjective, they will continually security, and port security. Through of the 9/11 terrorist attacks, I worked evolve. But hard choices must be made. this legislation, the security of the with a number of my colleagues bipar- Those who would allocate money on a northern border will also be improved, tisan basis in focusing on the need for different basis should then defend their a goal I have worked toward since 2001. greater sharing of terrorist-related in- view of the national interest.’’ In Among many key provisions, the legis- formation between and among Federal, short, the Commission made unequivo- lation calls for an increase of at least State and local government agencies. cally clear that the current method of 10,000 border patrol agents from fiscal The sharing of critical intelligence in- allocating the majority of federal years 2006 through 2010, many of whom formation is vitally important if we homeland security resources, i.e., on a

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11990 CONGRESSIONAL RECORD — SENATE December 8, 2004 per capita basis alone, must be Nonetheless, I have mixed feelings rently have in place that gets timely changed. about this legislation. I am neither intelligence to our warfighters on the Not only did the 9/11 Commission rec- convinced that it will fix the core prob- ground. Second, though some changes ommend that such changes be made in lems in our intelligence community, have been made to the language origi- how Federal homeland security funds nor that it will do no harm. Particu- nally adopted by the Senate, I continue are allocated, but commissions before larly in time of war, prudence demands to have serious concerns about the efit, such as the Rudman Commission, Congress fully understand the con- fect of the privacy and civil liberties have strongly recommended it as well. sequences, both positive and negative, oversight provisions on the ability of Indeed, the Rudman Commission stated of its actions, and be cautious about our intelligence officers to perform more than a year and a half ago that mandatory change. At the same time, their missions. I am concerned that the ‘‘Congress should establish a system there are some positive reforms that manner in which this oversight will be for allocating scarce resources based can be easily implemented. I note the conducted will exacerbate the problem less on dividing the spoils and more on inclusion in the conference report of a of risk aversion identified by the 9/11 addressing identified threats and number of much-needed provisions, Commission and the Congressional in- vulnerabilities.... To do this, the fed- which will help to ensure we have the quiry on the 9/11 attacks. Third, while eral government should consider such legal authorities and resources we need I am pleased that some House provi- factors as population, population den- to effectively fight terror. In fact, title sions to reform immigration, as well as sity, vulnerability assessment, and VI includes about half of the provisions a provision I offered as an amendment presence of critical infrastructure of the Tools to Fight Terrorism Act, S. to the Senate bill, were included in the within each state.’’ 2679, an omnibus antiterrorism bill final conference report, I am very dis- Both the Senate and House-passed in- that I introduced earlier this year with appointed that we have passed up an telligence reform bills that were rec- several other members of the Judiciary opportunity to do more in this area to onciled in this conference report con- Committee and Senate leadership. protect our country. tained language that sought to effec- This is the second time the intel- Fourth, while noting my concerns tuate this important recommendation ligence reform measure comes before about the intelligence reorganization but, unfortunately, such language was the Senate. We previously considered portion of this conference report, I do not included in the conference report. the Senate version in October, prior to want to recognize the inclusion of some As the 9/11 Commission, Rudman Com- the Presidential election. I voted for it important provisions from my Tools to mission, many other homeland secu- to ensure a modified version could be Fight Terrorism Act. rity experts, and I have repeatedly as- worked out in conference, and, in the During the debate on the Senate serted, there are few issues more im- interest of allowing it to move quickly, version of the intelligence reform bill, portant to our nation’s homeland de- withdrew an amendment on privacy I discussed in detail the shortcomings fense than homeland security prepared- and civil liberties oversight about of the 9/11 Commission’s recommenda- ness and the proper allocation of the which I felt very strongly. I did so with tions, on which that bill and this con- resources to achieve that preparedness. great reservations because of the many ference report are based. Former Sec- Therefore, I will continue to work as deficiencies in the Senate bill, but was retary of Defense James Schlesinger hard as I can with my colleagues on a assured that my concerns would be ad- aptly summarized what I believe to be bi-partisan basis to make the 9/11 Com- dressed in the House-Senate con- the key problem: ‘‘[The Commission] mission’s call for threat and risk-based ference. I know that a number of my has . . . proposed a substantial reorga- funding a reality. Senate colleagues voted for the bill nization of the intelligence commu- At the end of the day, this legislation with a similar understanding. nity—changes that do not logically has the capacity to improve our secu- Unfortunately, I don’t believe that flow from the problems that the Com- rity and make us safer. I would espe- some of the commitments to address mission identified in its narrative.’’ cially like to note the dogged persist- Members’ concerns were fully honored, A number of former officials also ence of Senators COLLINS and LIEBER- and I regret that our vote for the bill cautioned Congress from acting hastily MAN, who were unflinching in their was used by Senate conferees to sug- to pass legislation without a complete work on this important bill. However, gest almost unanimous Senate support understanding of the problems. For ex- passage of this legislation is just the in order to influence House conferees ample, the Center for Strategic and beginning. We have now given our Gov- to support the Senate version. The International Studies released a state- ernment the tools to make a dif- Senator from Maine said the following ment before the original Senate vote ference. But as with anything in our on October 20: ‘‘I’m very proud of the on S. 2845, which warned: ‘‘Rushing in system, success depends on the inde- fact that the Senate produced a bill with solutions before we understand all pendence and accountability of those that passed with only two dissenting of the problems is a recipe for failure.’’ appointed to carry out these reforms. votes, and I hope that we can likewise The statement was endorsed by: former It is critical that the American people, produce a product from this conference Senators David Boren, Bill Bradley, and we in Congress, insist upon ac- that will be signed into law shortly.’’ Gary Hart, Sam Nunn, and Warren countability from those whom we are In retrospect, it would have been better Rudman; former Secretaries of Defense asking to implement these reforms. I to have voted against the flawed Sen- Frank Carlucci and William Cohen; look forward to working with my col- ate bill so House conferees would have former Deputy Secretary of Defense leagues in the Senate in that effort. understood that it did not enjoy uni- John Hamre; former Director of Cen- Once again, thank you to the 9/11 versal support. tral Intelligence Robert Gates; former families, the 9/11 Commission and all Over the last 2 months, I pressed my Secretary of State and National Secu- those who have worked to make this case on privacy and civil liberties over- rity Advisor Henry Kissinger; and legislation a reality. Now the hard sight and other issues with the Mem- former Secretary of State George work of implementing these reforms bers of the conference committee, the Shultz. begins. White House, and others. I know that In recent weeks, the editorial pages Mr. KYL. Mr. President, today we some of my colleagues have done the of several major papers, while not nec- vote on the conference report on the same. I have studied carefully the final essarily sharing the same substantive intelligence reform bill, S. 2845/H.R. 10. product on which we will vote, and, positions, have strongly urged Con- As did the House, we will approve it though some changes have been made, gress to begin a new process next year and send it on to the President for his I still have serious reservations that I to pursue intelligence reform, rather signature. will discuss today. than rush to pass legislation this year. I strongly believe that our intel- To summarize: Regarding the central The Wall Street Journal in a November ligence community must be reformed thrust of the bill, reorganization does 22 editorial commented: ‘‘If this reform and appreciate the hard work in sup- not necessarily equal reform. This bill is really so vital, it will get done, but port of that objective of those Senate does reorganize; but it remains to be better to do it in a more considered and House Members who have worked seen whether this reorganization will fashion next year.’’ Similarly, in re- on the problem. improve or damage the system we cur- sponse to Congress not considering the

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11991 conference report before Thanksgiving, trol, timely, accurate intelligence is lit- tor of National Intelligence by this the Washington Post ran an editorial erally a life and death matter every day. . . . title and the amendments made by this which stated: ‘‘. . . the legislation’s As we move forward, we cannot create any title, in a manner that respects and failure strikes us as a benefit. More institutional barriers between intelligence does not abrogate the statutory re- time and more careful deliberation is agencies—and of course that would include the National Security Agency, the National sponsibilities of the heads of the de- needed before such sweeping changes Geospacial-Intelligence Agency, and the Na- partments of the United States Gov- are enacted.’’ And the Washington tional Reconnaissance office and the rest of ernment concerning such departments Times ran an editorial on November 30 the warfighting team.’’ . . .’’ which advised: ‘‘Intelligence reform is I am concerned that the reorganization Despite the improvements that have necessary, and reasonable people can package before the Senate places this effec- been made, and the protections that disagree on what constitutes a good tive system in jeopardy. have been added, I still believe that we bill without being insulted. Rather In S. 2485, the NSA, NGA, and NRO remain simply don’t know for sure how the than getting it now, we urge Congress within DOD; but this is somewhat deceiving. These national collection agencies will also changes we are making will affect the to focus on getting it right.’’ be within the newly defined ‘‘National Intel- system we currently have in place to I don’t believe we can say with rea- ligence Program.’’ The Committee-reported support our men and women in uni- sonable certainty that we are getting bill would essentially remove the Secretary form. For that reason, we must commit it right. In large part, this conference of Defense from any meaningful manage- to carefully monitor this legislation’s report sets up a new bureaucratic ment role over these agencies. implementation, specifically, the DNI’s structure. It does not, however, tackle First, the National Intelligence Director authority to transfer military per- the more difficult issue of resolving would have the authority to appoint the sonnel within the National Intelligence cultural problems within the intel- heads of these agencies, albeit with the concurrence of the Secretary of Defense. What Program, authority to reprogram and ligence community, including risk transfer funds, and the role of the DNI aversion, group think, and a failure of makes this unusual and potentially problematic? Well, consider the fact that the Direc- in intelligence acquisition programs leadership. These problems, along with tor of the National Security Agency, a Gen- managed largely by the Defense De- other matters, like immigration re- eral Officer, is dual-hatted as the Deputy partment—and be prepared to make form and legal tools and resources for Commander for Network Attack, Planning, changes if necessary. fighting terror, all identified by the and Integration at Strategic Command, or Perhaps the key concern I have with 9/11 Commission, must be addressed if that the Director of the National Reconnais- this conference report is its privacy we are to improve our ability to pre- sance Office also serves as an Under Sec- and civil liberties oversight provisions, dict and prevent future terrorist at- retary of the Air Force. These positions truly support the mission of the Defense De- which are totally extraneous to any tacks. Indeed, those who say that this problem related to 9/11 and will exacer- bill is needed to prevent another 9/11 partment. Second, the National Intelligence Director bate the cultural problems in the intel- can no more guarantee that result than would have the authority to execute the ligence community, in particular, the those who advocate the status quo, rea- budgets of these agencies. It is one thing to problem of risk aversion. son being that neither scenario really say that the NID should manage the entire Risk aversion, which plays out not gets at the core issues. budget for the National Intelligence Pro- only in the intelligence community, Additionally, and as I already men- gram, and, therefore, to help develop agen- but also in foreign policy decision- tioned, we should be mindful of the fact cies’ budgets and even receive their appro- making, economics, business invest- priation. It is quite another to altogether re- that we are making drastic changes to ments, and so on, is the tendency to the structure of our intelligence com- move the Secretary of Defense from the loop by requiring that the NID suballocate fund- avoid action which might be criticized munity and the process by which it op- after the fact because of a poor out- erates, while our country is fighting a ing directly back to the agencies. This effectively removes the Secretary from the man- come. There are many potential causes war. I discussed these concerns on the agement loop. a particular action might have adverse, floor of the Senate during the floor de- I have studied the Defense Secretary’s tes- unintended consequences, might get bate on S. 2845, the Senate version of timony to the Senate Armed Services Com- one into trouble with one’s superiors, the intelligence bill, stating: mittee, as well as the testimony of other experts. I am also aware that there were some or might simply draw unwanted atten- In his testimony, Secretary Rumsfeld dis- tion. When an individual or a Govern- cussed in detail his concerns about how in- good amendments in the Committee mark- telligence community reorganization could up to help preserve the Defense Depart- ment acts, there is always a calcula- potentially adversely affect the Defense De- ment’s equities. But I am still not convinced tion of risk; but some Governments partment. He expressed his strong reserva- that we are doing no harm. As General Myers and some individuals are more willing tions about the national collection agen- commented during the course of the Senate to take chances than others. This is a cies—the NSA, NGA, and NRO—being re- Armed Services Committee’s discussion on product of both leadership and environ- moved from the Defense Department (where the subject, ‘‘[T]he devil’s in the details.’’ ment. Risk aversion has contributed to they are now located) and aligned under the The chairmen of the House and Sen- numerous intelligence failures, includ- direct leadership of the National Intelligence ate Armed Services Committees, as Director. He stated: ing the September 11 attacks, accord- ‘‘We wouldn’t want to place new barriers well as other Members of the House ing to the 9/11 Commission. or filters between the military Combatant and Senate, have played a vitally im- One contributor to risk aversion is Commanders and those agencies when they portant role in conference negotiations the belief that third parties, including perform as combat support agencies. It to make sure that intelligence support congressional committees, will chal- would be a major step to separate these key to our combatant commanders will not lenge decisions after the fact. The Pri- agencies from the military Combatant Com- be disrupted. They worked tirelessly to vacy and Civil Liberties Oversight manders, which are the major users of such see that changes, some of which the capabilities.’’ Board included in the Senate bill is The Defense Department worked tirelessly Chairman of the Joint Chiefs of Staff just such an institution. in the decade after the first Gulf War to en- said were needed, would be included in I introduced an amendment to the sure that the speed and scope of intelligence the conference report. I applaud their Senate bill which would have modified support to military operations would be im- efforts, and appreciate the changes the privacy and civil liberties over- proved for future conflicts. It was General that conferees were willing to make. sight provisions because I strongly be- Schwartzkopf’s view that the national intel- Many of the potential defense-related lieved that the bill would have exacer- ligence support during Desert Storm was not adequate. Now, as we’ve seen from the suc- pitfalls of the reorganization that I dis- bated the problem of risk aversion by cess of our military operations in Afghani- cussed in the context of the Senate bill creating a redundant oversight bu- stan, Iraq, and the broader War on Terror, have been improved upon. One crucial reaucracy and an unaccountable over- ‘‘gaps and seams,’’ as Secretary Rumsfeld re- change is the following provision insight Board with inappropriate author- fers to them, have been drastically reduced. tended to ensure that the military ity over Government officials and pri- General Myers, Chairman of the Joint chain of command is protected: ‘‘The vate individuals. The bill went far be- Chiefs of Staff, also expressed his concerns President shall issue guidelines to en- yond the recommendation of the 9/11 on the subject during his testimony to the Senate Armed Services Committee, stating: sure the effective implementation and Commission, which was to create an ‘‘. . . for the warfighter, from the combat- execution within the executive branch executive branch board to oversee pri- ant commander down to the private on pa- of the authorities granted to the Direc- vacy and civil liberties and advise the

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11992 CONGRESSIONAL RECORD — SENATE December 8, 2004 President. The President created such the conference report consolidates the views for non-immigrant visa appli- a board through Executive order in Au- positions within the office of the Na- cants was retained. I am also pleased gust. tional Director of Intelligence respon- that some other immigration reform In summary, the Senate bill would sible for privacy and civil liberties provisions were included in the con- have established: two officers within oversight into one. But the authorities ference report, including an authoriza- the National Intelligence Authority, of the Privacy and Civil Liberties Over- tion for an increase in Border Patrol one responsible for privacy, the other sight Board, which was contained in agents by 2,000 in each of fiscal years for civil rights and civil liberties; an the Senate bill but not in the House 2006–2010; an increase of Immigration inspector general within the National bill, remain problematic. Subpoena au- and Customs Enforcement agents by Intelligence Authority, who, in part, thority over private individuals, which 800 in each of fiscal years 2006–2010; an would monitor and inform the National would have been entirely inappro- increase in detention beds by 8,000 in Intelligence Director of any violations priate, particularly given the location each of fiscal years 2006–2010, with pri- of civil liberties and privacy; an Om- of the Board in the Executive Office of ority for the use of these beds to detain budsman within the National Intel- the President, was removed, and the aliens charged with inadmissibility or ligence Authority to protect against Board will now be accountable to the deportability on security grounds. so-called ‘‘politicization’’ of intel- President. But the authority to compel I am also pleased that a requirement ligence; a Privacy and Civil Liberties executive branch compliance with to develop and implement a plan to re- Oversight Board with extensive inves- Board requests remains. And this is the quire a passport or other document, or tigative authorities; and privacy and real problem. combination of documents, sufficient civil liberties officers within the De- Departments and agencies are re- to denote citizenship and identity for partments of Justice, Defense, State, quired to comply with any Board re- all travel into the U.S. by U.S. citizens Treasury, Health and Human Services, quest unless a waiver is exercised by and nationals from Western Hemi- and Homeland Security, the National the National Director of Intelligence or sphere countries, for whom such re- Intelligence Authority, the Central In- the Attorney General. This places an quirements have previously been telligence Agency, and any other de- additional burden on two key officials, waived, is included in the conference partment, agency, or element of the whose attention should be directed to- report. And that a provision requiring Executive Branch designated by the ward other issues, including preventing a detailed plan from the Department of Privacy and Civil Liberties Oversight a future terrorist attack. It also will Homeland Security, within 180 days, Board to be appropriate for coverage. likely foster an environment in which about how to accelerate the full imple- While I believe that privacy and civil our intelligence officers are increas- mentation of the biometric document liberties should be protected, I do not ingly cautious, or risk averse, about requirement of the Border Security Act believe that oversight should be con- completing the very tasks that are re- that Senators FEINSTEIN, KENNEDY, ducted in a manner that causes intel- quired to fulfill their missions. Just be- BROWNBACK, and I authored, will be in- ligence officers to be more worried cause a Board request to a Depart- cluded. There are other good provi- about getting into trouble than about sions. performing their missions. The ques- ment-head does not necessarily rise to I am very troubled, however, that tion is whose civil liberties are jeop- the level of reasonably exercising a many of the important immigration re- ardized by improvement of our intel- waiver does not mean that it does not form provisions included in the House- ligence capabilities? The Taliban? Al- act as a deterrent or a distraction to passed bill were either altered signifi- Qaida? Saddam Hussein? Not American those serving honorably in the intel- cantly or left out of the conference re- citizens. The attacks of 9/11 were not ligence community. Consider this example: The Inter- port. I understand that Members have caused by civil liberty deprivation; but national Red Cross complains that ter- been assured that such provisions will by inadequate intelligence and immi- be considered next year. As the chair- gration law deficiencies. So why hobble rorists captured in Pakistan are treat- intelligence capabilities because of a ed poorly and convinces the Civil Lib- man of the Senate Judiciary Sub- perceived problem that has never been erties Board to investigate. The Board committee on Terrorism and a senior identified and was in no way involved demands that our CIA station chief in member of the Immigration Sub- in the 9/11 attacks? To the extent there Pakistan testify about what he knows. committee, I have witnessed many is concern about laws such as the Pa- The DNI demurs on grounds of national times the opportunities for real immi- triot Act, they can be dealt with in the security, or doesn’t. The hue and cry gration reform slip through our fin- reauthorization of that Act. Such con- about ‘‘secrecy’’ and ‘‘cover-up’’ cause gers. This conference measure rep- cerns have nothing to do with intel- the DNI to allow the Board to interro- resents one example. ligence reorganization. gate the CIA official. Can anyone deny There is no real substantive reason My amendment would have elimi- the national security implications, let that these important provisions, which nated some of the redundancy, for ex- alone the resulting risk aversion that were described as immigration reforms ample, by paring back the number of would settle into the entire intel- but can also be accurately be described officers within the office of the Na- ligence community? It would be disas- as counterterrorism measures, should tional Director of Intelligence respon- trous. not have been included in the final bill. sible for privacy and civil liberties I intend to monitor closely the ac- The primary goal of this legislation, is oversight, and altered the power of the tion of this Board once it is put into to better enable the U.S. Government Privacy and Civil Liberties Oversight place to ensure that its investigations to prevent future terrorist attacks like Board by eliminating subpoena author- and public reporting requirements do that which occurred on 9/11. Many of ity and the Board’s authority to com- not adversely affect our intelligence the House-passed immigration provi- pel executive branch compliance with community, and will urge further limi- sions ultimately excluded from the its requests. tations on its authority. Fighting ter- final conference report would have en- In the interest of allowing the intel- rorists abroad means spying, gathering hanced the Government’s ability to ligence bill to move forward quickly intelligence. Civil liberties for terror- prevent entry of, and find, terrorists through the Senate, and noting that ists should not be high on the list of who wish harm to our country. the House bill’s provisions on the sub- U.S. reforms for intelligence collec- The public and media debate about ject were more reasonable, I withdrew tion. Again, 9/11 was caused by intel- immigration reform and the intel- this amendment with a verbal under- ligence failures, not insufficient atten- ligence conference report has focused standing that my concerns would be tion to terrorists’ civil rights. A sense on driver’s license standards and addressed in the House-Senate con- of perspective would have eliminated whether States should be prevented ference. I pressed my case firmly in the most egregious features of the con- from issuing such documents to illegal writing with the conferees, outlining ference report. aliens. The answer is unequivocally my concerns and suggesting various With regard to the immigration pro- yes, and I will discuss this matter ‘‘fixes.’’ visions included, or not included, in the again. There are additional important Some improvements have been made final bill, I am pleased that a provision immigration/terrorism reforms that in the conference report. For example, I authored requiring mandatory inter- the conference negotiators refused to

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11993 accept, and by doing so, I believe the report retains that provision, which partment is following the law and mak- bill was seriously, dangerously weak- makes revocation of a visa on tering it harder for individuals who ened. I will mention only a handful of rorism grounds a legal ground for the shouldn’t possess U.S. visas from ob- them. deportation of the visa holder. How- taining them. But that still leaves mil- Importantly, the House-passed bill ever, the conferees created another lions of individuals who enter the coun- included a section that would have re- loophole through which a potential ter- try illegally, some of whom could be quired aliens in the United States to rorist could remain in the United terrorists, able to obtain the document use only a Department of Justice- or States despite a visa revocation, by that will allow them to blend easily Department of Homeland Security- adding language that would allow judi- into our neighborhoods, workplaces, issued document, or a valid passport, cial appeal of any visa revocation deci- churches, and mosques, let alone board to establish identity to a U.S. Govern- sion. Allowing judicial appeal of such airplanes or otherwise gain access to mental official or worker. This would decisions will only create another ave- sensitive areas. The conference report have effectively prohibited the use of nue through which a potential terrorist only requires that States include the the matricula consular identification can legally remain in the United States following: the person’s full legal name; card for identification purposes for for an undetermined amount of time. the person’s date of birth; the person’s Federal identification. The conference Currently all decisions regarding visa gender; the person’s driver’s license or measure eliminated this section of the issuance by Consular Officers are final, identification number; a digital photo- bill, and instead provides only for a they are not subject to judicial review. graph; the person’s address of principal process for determining minimum The same should be true of visa revoca- residence; and the person’s signature. standards that passengers will have to tion decisions. A number of Senators, And a carve-out was included for present to board a commercial aircraft including Senators GRASSLEY, SES- States in order that any documentary in the United States. SIONS, CHAMBLISS, ENSIGN, and I fully requirements ‘‘may not infringe on a Additionally, the House would have supported this provision and con- State’s power to set criteria con- expanded the use of expedited removal templated offering as a similar amend- cerning what categories of individuals by requiring its use in the U.S. as well ment during Senate consideration of are eligible to obtain a driver’s license as along the U.S. border, currently ex- the bill. I am disappointed to learn or personal identification from that pedited removal is used only at U.S. that language was added to allow indi- State.’’ The driver’s license provision ports of entry. The conference measure viduals whose visas have been revoked included in the final bill will not do strikes this provision. on terrorism grounds to appeal the much to better secure the license, and The House-passed bill would also State Department’s decision. will continue to allow illegal immi- have overturned a Ninth Circuit prece- Finally, while increasing the number grants to obtain such documentation. dent that has effectively barred immi- of Customs and Immigration enforce- As I have said, there are a number of gration judges from denying asylum ment officers is important and is ac- immigration-related provisions in the claims on the basis of credibility. The complished in the conference report, conference report that will make a dif- Government is barred from asking for- another important House-passed provi- ference, including the section of the eign governments what evidence they sion, requiring that half of any new im- bill that requires in-person interviews have about the terrorist activities of migration investigators be focused on of non-immigrant visa applicants, an asylum applicants. So the only evi- enforcing restrictions on illegal immi- authorization for an increase in con- dence the Government can use in op- grants in the workforce, was not in- sular officer positions, and others. But posing an asylum request is to argue cluded in the final version of the bill. we also had an opportunity to include that the applicant is lying. The Ninth As I mentioned in the beginning of other security-related immigration re- Circuit precedent barring immigration my comments about the immigration- forms, and we failed. I will work in the judges from denying asylum claims on related sections, an important provi- 109th Congress to ensure their consid- the basis of credibility would have been sion dealing with identity standards in eration, and the consideration of other overturned if the conference report re- the Federal context was struck from important immigration reform meas- tained the House-passed provision; but the conference measure. While that ures. Such consideration is important it was eliminated from the conference measure wasn’t necessarily perfect, it to the future of our country, from a se- measure. certainly represented a good beginning curity perspective and from an eco- Additionally, the Ninth Circuit has for development of a necessary stand- nomic perspective, and the course we been granting asylum to applicants on ard of identification in this country. take over the next year or two will, in the basis that their government be- The House-passed driver’s license part, contribute to our success at pre- lieves they are terrorists, and, there- standards section also represented a venting future terrorist attacks and fore, they deserve asylum because they very good attempt at eliminating the shape the future of our Nation. I will are being persecuted on account of the opportunity for illegal immigrants to work to get it right and look forward political beliefs of the relevant ter- obtain driver’s licenses, which we all to working with my colleagues on all rorist organization. The House-passed know allows illegal immigrants to live of these important issues. bill overturned this precedent and as though they were here legally. As I mentioned, one bright spot in would have required aliens to show While I would very much like to dis- the bill before us today is title VI, they qualify for asylum based upon the cuss the negative ramifications on the which provides new tools to law en- currently protected grounds for receiv- workplace, and States generally, of the forcement to investigate and prosecute ing such, but conference negotiators illegal immigrant population having terrorist crimes. Title VI includes refused to accept this provision. such easy access to driver’s licenses about half of the provisions of the Instead, what the final version of the and other documents that allow them Tools to Fight Terrorism Act, S. 2679, bill included is a Government Account- to live as though they are here legally, an omnibus antiterrorism bill that I inability Office, GAO, study on the weak- I will instead focus on how important troduced earlier this year with several nesses in the U.S. asylum system that documentary validity is to preventing other members of the Judiciary Com- have been exploited by aliens con- terrorists from entering and living in mittee and the Senate leadership. Ob- nected to terrorism. the United States. Both the House and viously, I am pleased that these impor- The House version of the bill in- Senate, after reviewing the 9/11 Com- tant provisions are included in the cluded a provision to close an existing mission’s recommendation, voted to final legislation. loophole in immigration law that al- apply some form of standardization to Subtitles A and F through K of title lows foreign nationals whose visas or the driver’s license. The question real- VI of the conference report mirror par- other travel documents have been rely is, Is the Congress willing to get to allel provisions in the Tools to Fight voked by the State Department on ter- the root of the problem and prevent il- Terrorism Act. And TFTA itself con- rorism grounds, to remain in the legal immigrants from obtaining such sists of all or part of 11 other bills that United States until their visa, or DHS- licenses? True, most of the 9/11 hijack- currently are pending in the House and approved time here, expires, despite ers had ‘‘valid,’’ but improperly issued, Senate. Collectively, these other bills the revocation. The current conference visas. Hopefully, now, the State De- have been the subject of 9 separate

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11994 CONGRESSIONAL RECORD — SENATE December 8, 2004 hearings before House and Senate com- ists would have eliminated the major obsta- International Jihad Movement. By way of mittees and have been the subject of 4 cle to federal agents’ investigation of this background we believe we can see the con- separate committee reports. In addi- terrorist—the need to fit this square peg into temporary development of this movement, tion, the entire TFTA was reviewed in the round hole of the current FISA statute. and its focus on terrorism, rooted in the So- FISA allows a specially designated court viet invasion of Afghanistan. a September 13 hearing before the Sen- to issue an order authorizing electronic sur- ‘‘During the decade-long Soviet/Afghan ate Subcommittee on Terrorism, which veillance or a physical search upon probable conflict, anywhere from 10,000 to 25,000 Mus- heard testimony from Justice Depart- cause that the target of the warrant is ‘‘a lim fighters representing some forty-three ment witnesses Barry Sabin, Chief of foreign power or an agent of a foreign countries put aside substantial cultural dif- the counterterrorism Section of the power.’’ 50 U.S.C. Sec. 1805(a)(3)(A), ferences to fight alongside each other in Af- Criminal Division, and Dan Bryant, As- 1824(a)(3)(A). The words ‘‘foreign power’’ and ghanistan. The force drawing them together sistant Attorney General for the Office ‘‘agent of a foreign power’’ are defined in 1801 was the Islamic concept of ’umma’ or Mus- of FISA. ‘‘Foreign power’’ includes ‘‘a group of Legal Policy, as well as George lim community. In this concept, nationalism engaged in international terrorism or activi- is secondary to the Muslim community as a Washington University law professor ties in preparation therefor,’’ 1801(a)(4), and whole. As a result, Muslims from disparate Jonathan Turley. ‘‘agent of a foreign power’’ includes any per- cultures trained together, formed relation- These hearings and reports provide a son who ‘‘knowingly engages in sabotage or ships, sometimes assembled in groups that substantial legislative backdrop to international terrorism, or activities that otherwise would have been at odds with one title VI of the present bill. The state- are in preparation therefor, for or on behalf another[,] and acquired common ideologies. ment that follows is my attempt to of a foreign power.’’ 1801(b)(2)(C). ‘‘Following the withdrawal of the Soviet provide some guide to navigating this Requiring that targets of a FISA warrant forces in Afghanistan, many of these fighters be linked to a foreign government or inter- returned to their homelands, but they re- legislative thicket. Of course, one national terrorist organization may have might well ask whether it is an inher- turned with new skills and dangerous ideas. made sense when FISA was enacted in 1978; They now had newly acquired terrorist train- ent contradiction to rely on legislative in that year, the typical FISA target was a ing as guerrilla warfare [had been] the only history supplied by a judicial conserv- Soviet spy or a member of one of the hier- way they could combat the more advanced ative, since judicial conservatives tend archical, military-style terror groups of that Soviet forces. not to believe in legislative history. era. Today, however, the United States faces ‘‘Information from a variety of sources re- The short answer would be that in mo- a much different threat. The United States is peatedly carries the theme from Islamic ments of litigation crisis, every lawyer confronted not only by specific groups or radicals that expresses the opinion that we tends to believe in whatever talismans governments, but by a movement of Islamist just don’t get it. Terrorists world-wide speak extremists. This movement does not main- are available. One might as well help of jihad and wonder why the western world is tain a fixed structure or membership list, focused on groups rather than on concepts him find them. With that disclaimer, I and its adherents do not always advertise that make them a community. offer the following effort to illuminate their affiliation with this cause. Moreover, ‘‘The lesson to be taken from [how Islamist the origins and objectives of the TFTA in response to the United States’ efforts to terrorists share information] is that al-Qaida provisions in title VI. fight terrorism around the world, this move- is far less a large organization than a Subtitle A, section 6001, Lone-Wolf ment increasingly has begun operating in a facilitator, sometimes orchestrator of Is- FISA Authority ‘‘Moussaoui Fix,’’ this more decentralized manner. lamic militants around the globe. These section amends FISA to allow orders The origins and evolution of the Islamist militants are linked by ideas and goals, not for surveillance of foreign visitors to terrorist threat, and the difficulties posed by by organizational structure. FISA’s current framework, were described in ‘‘The United States and its allies, to in- the U.S. who appear to be involved in detail by Spike Bowman, the Deputy General clude law enforcement and intelligence com- international terrorism but are not af- Counsel of the FBI, at a Senate Select Com- ponents worldwide[,] have had an impact on filiated with a known terror group. The mittee on Intelligence hearing on the prede- the terrorists, but [the terrorists] are adapt- need for this provision is explained in cessor to S. 113. Mr. Bowman testified: ing to changing circumstances. Speaking Senate Committee Report No. 108–40, ‘‘When FISA was enacted, terrorism was solely from an operational perspective, in- which accompanies a bill that Senator very different from what we see today. In the vestigation of these individuals who have no SCHUMER and I introduced at the begin- 1970s, terrorism more often targeted individ- clear connection to organized terrorism, or ning of this Congress. I quote the rel- uals, often carefully selected. This was the tenuous ties to multiple organizations, is be- usual pattern of the Japanese Red Army, the coming increasingly difficult. evant passages from that report at Red Brigades and similar organizations list- ‘‘The current FISA statute has served the length: ed by name in the legislative history of nation well, but the International Jihad The September 11, 2001 terrorist attacks on FISA. Today we see terrorism far more le- Movement demonstrates the need to consider the people of the United States underscored thal and far more indiscriminate than could whether a different formulation is needed to the need for this legislation. Several weeks have been imagined in 1978. It takes only the address the contemporary terrorist prob- before those attacks, federal law enforce- events of September 11, 2001, to fully com- lem.’’ ment agents identified one of the partici- prehend the difference of a couple of decades. The Committee notes that when FISA was pants in that conspiracy as a suspected But there is another difference as well. enacted in 1978, the Soviet invasion of Af- international terrorist. These agents sought Where we once saw terrorism formed solely ghanistan had not yet occurred and both to obtain a FISA warrant to search his be- around organized groups, today we often see Iran and Iraq were considered allies of the longings. One of the principal factors that individuals willing to commit indiscriminate United States. The world has changed. It is prevented the issuance of such a warrant was acts of terror. It may be that these individ- the responsibility of Congress to adapt our FISA’s requirement that the target be an uals are affiliated with groups we do not see, laws to these changes, and to ensure that law agent of a foreign power. Even if federal but it may be that they are simply radicals enforcement and intelligence agencies have agents had been able to demonstrate that who desire to bring about destruction. at their disposal all of the tools they need to this person was preparing to commit an act ‘‘[W]e are increasingly seeing terrorist sus- combat the terrorist threat currently facing of international terrorism, based on the suspects who appear to operate at a distance the United States. The Committee concludes picious conduct that had first brought him from these [terrorists] organizations. In per- that enactment of S. 113’s modification of to the attention of authorities, the agents haps an oversimplification, but illustrative FISA to facilitate surveillance of lone-wolf would not have been able to obtain a warrant nevertheless, what we see today are (1) terrorists would further Congress’s fulfill- to search him absent a link to a foreign agents of foreign powers in the traditional ment of this responsibility. power. As a result, these federal agents spent sense who are associated with some organi- [In a separate statement of additional three critical weeks before September 11 zation or discernible group (2) individuals views on S. 113, Senator Feingold expresses seeking to establish this terrorist’s tenuous who appear to have connections with mul- concerns about the constitutionality of al- connection to groups of Chechen rebels— tiple terrorist organizations but who do not lowing surveillance of lone-wolf terrorists groups for whom we now know this terrorist appear to owe allegiance to any one of them, pursuant to FISA. He suggests that by allow- was not working. but rather owe allegiance to the Inter- ing searches of persons involved in inter- It is not certain that a search of this ter- national Jihad movement and (3) individuals national terrorism without regard to wheth- rorist would necessarily have led to the dis- who appear to be personally oriented toward er such persons are affiliated with foreign covery of the September 11 conspiracy. We terrorism but with whom there is no known powers, S. 113 ‘‘writes out of the statute a do know, however, that information in this connection to a foreign power. key requirement necessary to the lawfulness terrorist’s effects would have linked him to ‘‘This phenomenon, which we have seen of such searches.’’ In order to address Sen- two of the actual September 11 hijackers, . . . growing for the past two or three years, ator Feingold’s concerns, the Committee at- and to a high-level organizer of the attacks appears to stem from a social movement taches as Appendix E to this report a letter who was captured in 2002 in Pakistan. And that began at some imprecise time, but cer- presenting the views of the U.S. Department we do know that suspending the requirement tainly more than a decade ago. It is a global of Justice on S. 2586, the predecessor bill to of a foreign-power link for lone-wolf terror- phenomenon which the FBI refers to as the S. 113.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11995 The Department of Justice’s letter pro- I do not think that one can overstate material witnesses in the Cole bombing case. vides a detailed analysis of the relevant the importance of information sharing, Investigation or interrogation of these indi- Fourth Amendment jurisprudence, con- of tearing down the walls that prevent viduals, and their travel and financial activi- cluding that the bill’s authorization of lone- ties, also may have yielded evidence of con- wolf surveillance would ‘‘satisfy constitu- different parts of the Government from nections to other participants in the 9/11 tional requirements.’’ The Department em- exchanging intelligence and working plot. In any case, the opportunity did not phasizes that anyone monitored pursuant to together in the war on terror. A graph- arise. the lone-wolf authority would be someone ic illustration of the importance of Congress must do what it can now to who, at the very least, is involved in ter- streamlined information sharing is pro- make sure that something like this rorist acts that ‘‘transcend national bound- vided by another pre-September 11 in- aries in terms of the means by which they does not happen again—that arbitrary, vestigation. Like the Moussaoui case, seemingly minor bureaucratic barriers are accomplished, the persons they appear this investigation also came tanta- intended to coerce or intimidate, or the lo- are not allowed to undermine our best cale in which their perpetrators operate or lizing close to substantially disrupting leads toward uncovering an attack on seek asylum.’’ (Quoting 50 U.S.C. Sec. or even stopping the 9/11 plot, and also the United States. Section 6501 is a 1801(c)(3).) Therefore, a FISA warrant ob- ultimately was blocked by a flaw in substantial step in that direction. tained pursuant to this authority necessarily our antiterror laws. The investigation The change made be section 6501 pre- would ‘‘be limited to collecting foreign intel- to which I refer involved Khalid Al viously was enacted by the Homeland ligence for the international responsibilities Midhar, one of the suicide hijackers of Security Act, but that change never of the United States, and the duties of the American Airlines Flight 77, which was Federal Government to the States in mat- went into effect because the Federal ters involving foreign terrorism.’’ (Quoting crashed into the Pentagon, killing 58 Rule of Criminal Procedure amended United States v. Dugan, 743 F.2d 59, 73 (2d Cir. passengers and crew and 125 people on by the HSA was revised by the Su- 1984).) The Department concludes ‘‘the same the ground. preme Court shortly after the enact- interests and considerations that support the An account of the investigation of ment of the HSA, and the amendment constitutionality of FISA as it now stands Midhar is provided in the 9/11 Commis- made by HSA presupposed the earlier would provide the constitutional justifica- sion’s staff Statement No. 10. That text of the Federal rule. The same pro- tion for S. 2568.’’ The Department addition- statement notes as follows: visions were introduced as part of S. ally notes that when FISA was enacted it During the summer of 2001 [an FBI official] was understood to allow surveillance of 2599 by Senators CHAMBLISS and me on . . . found [a] cable reporting that Khalid Al groups as small as two or three persons. The June 24, 2004. Mihdhar had a visa to the United States. A Department concludes that ‘‘[t]he interests Subtitle G, sections 6602 and 6603, and week later she found the cable reporting that that the courts have found to justify the pro- section 5402, Receiving Military-Type Mihdhar’s visa application—what was later cedures of FISA are not likely to differ ap- Training from and Providing Material discovered to be his first application—listed preciably as between a case involving such a Support to Terrorists, section 6602 New York as his destination. . . . The FBI of- group . . . and a case involving a single ter- ficial grasped the significance of this infor- makes it a crime to receive military- rorist.’’] mation. type training from a foreign terrorist A provision substantially the same as The FBI official and an FBI analyst work- group, and section 5402 makes aliens section 6001 first was introduced as a ing the case promptly met with an INS rep- who have received such training de- bill, S. 2586, by Senators SCHUMER and resentative at FBI Headquarters. On August portable from the United States. Sec- me on June 5, 2002. The Senate Intel- 22 INS told them that Mihdhar had entered tion 6603 broadens the jurisdictional ligence Committee held a hearing on S. the United States on January 15, 2000, and bases of the material-support statute. 2586 on July 31, 2002. Witnesses included again on July 4, 2001. . . . The FBI agents de- It also clarifies the definitions of the cided that if Mihdhar was in the United James Baker, Counsel for Intelligence States, he should be found. terms ‘‘personnel,’’ ‘‘training,’’ and Policy with the Office of Intelligence ‘‘expert advice or assistance’’ in re- These alert agents immediately and Policy Review, Department of sponse to concerns expressed in recent grasped the danger that Khalid Al State; Marion ‘‘Spike’’ Bowman, Dep- court decisions. Furthermore, this sec- Midhar posed to the United States, and uty General Counsel, National Security tion clarifies the knowledge required immediately initiated an effort to Law Unit, Office of the General Coun- to violate the statute, and specifies track him down. Unfortunately, at the sel, FBI; and Fred Manget, Deputy that nothing contained in the statute time, the law was not on their side. General Counsel, CIA. shall be construed to abridge free- The Joint Inquiry Report of the House The same provision was reintroduced speech rights. All of these sections and Senate Intelligence Committees in the 108th Congress by me and Sen- apply extraterritorially to U.S. nation- describes what happened next: ator SCHUMER as S. 113 on January 9, als, permanent residents, stateless per- 2003. S. 113 was unanimously reported Even in late August 2001, when the CIA sons whose habitual residence is the told the FBI, State, INS, and Customs that by the Judiciary Committee on March Khalid al-Mihdhar, Nawaf al-Hazmi, and two United States, and persons who are 11, 2003. The Committee issued Report other ‘‘Bin Laden-related individuals’’ were brought into or found in the United No. 108–40 for S. 113 on April 29, 2003. S. in the United States, FBI Headquarters re- States. 113 was approved by the Senate by 90– fused to accede to the New York field office In the final version of this legisla- 4 on May 8, 2003. The same provision recommendation that a criminal investigation, all immigration- and border-re- also was included in H.R. 3179, which tion be opened, which might allow greater lated provisions were placed in a new was introduced by House Judiciary resources to be dedicated to the search for title V, and thus the part of the mili- the future hijackers. . . . FBI attorneys took Chairman SENSENBRENNER and House tary-type-training provision making the position that criminal investigators Intelligence Chairman Goss on Sep- ‘‘CAN NOT’’ (emphasis original) be involved terror trainees deportable ended up in tember 25, 2003. The House Sub- and that criminal information discovered in that title as well, as section 5402. The committee on Crime, Terrorism, and the intelligence case would be ‘‘passed over new 5402, rather than referencing the Homeland Security held a hearing on the wall’’ according to proper procedures. An definition of military-type training in H.R. 3179 on May 18, 2004. Witnesses at agent in the FBI’s New York field office re- 6602, simply duplicates the key part of the hearing included Dan Bryant, As- sponded by e-mail, saying: ‘‘Whatever has that definition, a precaution against sistant Attorney General, Office of happened to this, someday someone will die the event that the now-distant 6602 be Legal Policy, Department of Justice; and, wall or not, the public will not under- repealed or never enacted. stand why we were not more effective in Nevertheless, despite their now far- Thomas Harrington, Deputy Assistant throwing every resource we had at certain Director, FBI; and Bob Barr, former problems.’’ flung nature, these sections still should be read together. Thus 2339D(c)’s defi- Congressman. The same provision also The 9/11 Commission staff report as- nitions of ‘‘serious bodily injury’’ and was introduced as H.R. 3552 by Rep- sesses the ultimate impact of these ‘‘critical infrastructure’’ should guide resentative KING on November 20, 2003. legal barriers: Subtitle F, section 6501, Sharing the use of those terms in 5402, even Grand-Jury Information With State Many witnesses have suggested that even though, unlike the definition of ‘‘mili- if Mihdhar had been found, there was noth- and Local Governments, this section ing the agents could have done except follow tary type training,’’ those definitions amends current law to authorize the him onto the planes. We believe this is incor- are not copied in the deportation sec- sharing of grand-jury information with rect. Both Hazmi and Mihdhar could have tion. The extraterritorial scope of 6602, appropriate state and local authorities. been held for immigration violations or as as articulated in 2339D(b), also should

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11996 CONGRESSIONAL RECORD — SENATE December 8, 2004 inform the application of 5402. The de- training methods. Additionally, by attending tion amends current law to prohibit portation provision is articulated in a terrorist training camp, an individual concealing having provided financing terms of conduct, which is the same lends critical moral support to other train- while knowing that it has been or will thing everywhere—rather than of- ees and the organization as a whole, support that is essential to the health and vitality of be provided to terrorists. This provi- fenses—which are a particular creature the organization. sion first appeared as part of S. 1837, of each jurisdiction. And obviously, And George Washington University which was introduced by Senator Congress is just as anxious to remove law professor Jonathan Turley had the GRASSLEY on November 6, 2003. The from this country those aliens who following to say about TFTA’s parallel Senate Judiciary Committee held a trained at an al-Qaida camp in Afghan- provision to section 6602 in his testi- hearing on the need to better combat istan as those who trained in the mony before the Terrorism Sub- terrorist financing on November 20, United States. committee: 2002. Witnesses included Robert J. Con- In two key respects, however, the de- rad, U.S. Attorney for the Western Dis- portation provision operates dif- This proposal would fill a gap in our laws revealed by recent cases, like that of Jose trict of North Carolina; Jimmy Gurule´, ferently than the criminal provision. Padilla, where citizens have trained at ter- Under Secretary for Enforcement, De- First, the knowledge requirement im- rorist camps. . . . The proposed crime has partment of Treasury; David posed by the second sentence of been narrowly tailored to require a clear Aufhauser, General Counsel, Depart- 2339D(a) was not imposed in 5402. While knowledge element as well as a reasonable ment of Treasury; Nathan Lewin, scienter is a traditional part of a crimi- definition of military-type training. The Lewin & Lewin, LLP; Allan Gerson, nal offense, it was not thought a nec- United States has an obvious interest in Professorial Lecturer In Honors, criminalizing such conduct and to deter citi- essary consideration in deciding which George Washington University; Jona- alien visitors should be allowed to re- zens who are contemplating such training. In my view, it raises no legitimate issue of free than Winer, Alston & Bird, LLP, mem- main in this country. If someone association or free speech given the criminal ber, Council on Foreign Relations; and trained at a terrorist camp, they nature of the organization. Most impor- Salam Al-Marayati, Executive Direc- should be removed forthwith, regard- tantly, given the use of these camps to re- tor, Muslim Public Affairs Council. less of what they claim to have known cruit and indoctrinate such citizens as Subtitle H, section 6702, Punishment about their host terror group. Second, Padilla and John Walker Lindh, this new criminal offense is responsive to a clear and for Hoaxes about Terrorism or Deaths 5402 will apply immediately at the time of U.S. Soldiers, this section imposes that deportation proceedings are initi- present danger for the country. With regard to section 6603, the Jus- criminal penalties for conveying false ated, regardless of the date of the trig- or misleading information, perpe- gering training. As the Supreme Court tice Department had the following to say about the parallel provision in trating hoaxes, about terrorist crimes has noted, deportation ‘‘looks prospec- or the death or injury of a U.S. soldier tively to the respondent’s right to re- TFTA at the Terrorism Subcommittee hearing earlier this year: under circumstances where such infor- main in this country in the future.’’ mation may reasonably be believed. INS v. Lopez-Mendoza, 468 U.S. at 1038. The [provision] . . . improves current law Under 5402, the only thing that need by clarifying several aspects of the material The Justice Department has com- have occurred ‘‘at the time the train- support statutes. This is another key tool in mented on the harm caused by false in- preventing terrorism. As the Department of ing was received’’ is that the training formation and terrorist hoaxes. In its Justice has previously indicated, ‘‘a key ele- TFTA testimony on a parallel provi- or sponsoring organization have been ment of the Department’s strategy for win- defined as a terrorist organization. sion to 6702 earlier this year, the De- ning the war against terrorism has been to partment noted: Since there is no reasonable ‘‘reliance’’ use the material support statutes to pros- on any U.S. law whatsoever in attend- ecute aggressively those individuals who Since September 11, hoaxes have seriously ing an al-Qaida or other terrorist train- supply terrorists with the support and re- disrupted people’s lives and needlessly di- ing camp, 5402 applies regardless of sources they need to survive . . . . The De- verted law-enforcement and emergency-services resources. In the wake of the anthrax at- when the training was received, so long partment seeks to identify and apprehend terrorists before they can carry out their tacks in the fall of 2001, for example, a num- as the group was defined at that time plans, and the material support statutes are ber of individuals mailed unidentified white as a terrorist organization. a valuable tool for prosecutors seeking to powder, intending for the recipient to believe The animating example behind this bring charges against and incapacitate ter- it was anthrax. Many people were inconven- provision is the alien visitor in the rorists before they are able to cause death ienced, and emergency responders were United States who is discovered to and destruction.’’ forced to waste a great deal of time and ef- have attended an al-Qaida camp in Af- Professor Turley, in his Terrorism fort. Similarly, in a time when those in uni- ghanistan in the summer of 2001. In the Subcommittee testimony on TFTA, form are making tremendous sacrifices for judgment of Congress, such a person is the country, several people have received said of the parallel section to 6603 that hoax phone calls reporting the death of a a danger to the United States. And ‘‘[t]his proposal would actually im- loved one serving in Iraq or Afghanistan. under 5402, that person, once discov- prove the current Federal law by cor- ered, will be immediately deportable. recting gaps and ambiguities that have And Professor Turley, also at the The Justice Department testified in led to recent judicial reversals. In that Terrorism Subcommittee hearing on favor of a provision similar to section sense, the proposal can be viewed as a TFTA, commented on the provision 6602 at the Terrorism Subcommittee’s slight benefit to civil liberties by re- similar to 6702: hearing on the TFTA earlier this year. moving a dangerous level of ambiguity This new provision would create a serious The joint statement of Messrs. Sabin in the law.’’ deterrent to a type of misconduct that rou- and Bryant notes that: The need for a stronger material-sup- tinely places the lives of emergency per- It is critical that the United States stem port statute and its application to ter- sonnel at risk and costs millions of dollars in unrecouped costs for the federal and state the flow of recruits to terrorist training rorist training camps were the subject camps. A danger is posed to the vital foreign governments. Since a terrorist seeks first of a hearing before the Senate Judici- and foremost to terrorize, there is precious policy interests and national security of the ary Committee on May 5, 2004. Wit- United States whenever a person knowingly [little] difference between a hoaxster and a receives military-type training from a des- nesses included Chris Wray, Assistant terrorist when the former seeks to shut down ignated terrorist organization or persons Attorney General, Criminal Division, a business or a community with a fake acting on its behalf. Such an individual Department of Justice; Dan Bryant, threat. . . . This provision responds to the stands ready to further the malicious intent Assistant Attorney General, Office of increase in this form of insidious misconduct of the terrorist organization through ter- Legal Policy, Department of Justice; and correctly defines it as criminal conduct. rorist activity that threatens the security of Gary Bald, Assistant Director, Coun- The key elements of section 6702 were United States nationals or the national secu- terterrorism Division, FBI; David Cole, introduced as H.R. 3209 in the 107th rity of the United States. Moreover, a train- law professor, Georgetown University Congress by Representative LAMAR ee’s mere participation in a terrorist organi- SMITH on November 11, 2001. H.R. 3209 zation’s training camp benefits the organiza- Law Center; and Paul Rosenzweig, Sen- tion as a whole. For example, a trainee’s par- ior Legal Research Fellow, Heritage was the subject of a hearing before the ticipation in group drills at a training camp Foundation. House Subcommittee on Crime, Ter- helps to improve both the skills of his fellow Subtitle G, Section 6604, Conceal- rorism, and Homeland Security on No- trainees and the efficacy of his instructors’ ment of Terrorist Financing, this sec- vember 7, 2001. Witnesses included

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11997 James Jarboe, Section Chief, Counter- of national security and does not materially this subtitle as federal wiretap predi- terrorism Division, Domestic Ter- affect civil liberty interests. cates. Section 6908 amends current law rorism, FBI; and James Reynolds, [Section 6803] would criminalize the par- to include these new offenses in the ticipation in programs involving special nu- Chief, Terrorism and Violent Crime clear material, atomic weapons, or weapons definition of ‘‘Federal crime of ter- Section, Criminal Division, Depart- of mass destruction outside of the United rorism.’’ Section 6909 amends current ment of Justice. H.R. 3209 was reported States. This new crime with extraterritorial law to include these new offenses in the by the House Judiciary Committee on jurisdiction is an obvious response to recent definition of ‘‘specified unlawful activ- November 29, 2001. The Judiciary Com- threats identified by this country and other ity’’ for purposes of the money laun- mittee issued Report No. 107–306 for allies like Pakistan. The obvious value of dering statute. And section 6910 H.R. 3209 on the same day. H.R. 3209 such a law would be hard to overstate. . . . It amends the Arms Export Control Act is important for the purposes of our was unanimously approved by the extraterritorial enforcement efforts to have by adding the offenses created by this House of Representatives on December a specific crime on the books to address this subtitle to the provision specifying 12, 2001. form of misconduct. crimes for which a conviction or indict- A provision similar to 6702 also was These sections are substantially the ment is a ground for denying an arms- introduced as H.R. 1678 in the 108th same as H.R. 2939, which was intro- export application. Congress by Representative LAMAR duced by Representative FORBES on In his Terrorism Subcommittee testi- SMITH on April 8, 2003. H.R. 1678 was July 25, 2003, and S. 2665, which was in- mony on TFTA earlier this year, Pro- the subject of a hearing before the troduced by Senator CORNYN on July fessor Turley said the following about House Subcommittee on Crime, Ter- 15, 2004. a provision parallel to subtitle J: rorism, and Homeland Security on July Subtitle J, sections 6901–11, Preven- Given the enormous threats to our country 10, 2003. Witnesses included Susan tion of Terrorist Access to Special from such weapons, these increased penalties Brooks, the U.S. Attorney for the Weapons, this subtitle is designed to are manifestly reasonable. . . . While it is Souther District of Indiana; James deter the unlawful possession and use certainly possible that a defendant could be in possession of a MANPADS as part of arms McMahon, Superintendent, New York of certain weapons, Man-Portable Air State Police; and Danny Hogg, a target trafficking or some other motive than ter- Defense Systems, MANPADS, atomic rorism, this is clearly one of the most likely of a war-time hoax about a family weapons, radiological dispersal devices, forms of terrorist conduct. member serving in Iraq. H.R. 1678 was and the variola virus, smallpox, whose Subtitle J is the same as S. 2664, ordered reported by the House Judici- potential misuse are among the most which was introduced by Senator COR- ary Committee by voice vote on May serious threats to homeland security. NYN on July 15, 2004. 12, 2004. The Judiciary Committee MANPADS are portable, lightweight, Subtitle K, section 6952, Presumption issued Report No. 108–505 for H.R. 1678 surface-to-air missile systems designed of No Bail for Terrorists, this section on May 20, 2004. The key provisions of to take down aircraft. Typically they would add terrorist offenses to the list section 6702 also were introduced as S. are able to be carried and fired by a of offenses, such as drug crimes, that 2204 by Senator HATCH on March 11, single individual. They are small and are subject to the statutory presump- 2004. thus relatively easy to conceal and tion of pretrial detention. Under cur- Subtitle H, section 6703, Increased smuggle. A single attack could kill rent law, a criminal suspect will be de- Penalties for Obstruction of Justice in hundreds of persons in the air and nied bail in Federal court if the Gov- Terrorism Cases, this section increases many more on the ground. Atomic ernment shows that there is a serious from 5 years to 8 years the penalty for weapons or weapons designed to release risk that the suspect will flee, obstruct obstruction of justice in terror inves- radiation, ‘‘dirty bombs,’’ could be used justice, or injure or threaten a witness tigations. It also instructs the Sen- by terrorists to inflict enormous loss of or juror. The judge must presume this tencing Commission to increase the life and damage to property and the en- showing is present if the suspect is guidelines range for making false vironment. Variola virus is the causa- charged with a crime of violence, a statements in relation to a terrorism tive agent of smallpox, an extremely drug crime carrying a potential sen- investigation. A provision similar to serious, contagious, and often fatal dis- tence of 10 years or more, any crime section 6703, albeit increasing the pen- ease. Variola virus is classified by the that carries a potential sentence of life alty to 10 years instead of just 8, has in CDC as one of the biological agents or the death penalty, or the suspect the past been included as part of the that poses the greatest potential previously has been convicted of two or above-described anti-hoax bills. threat for public-health impact and has more such offenses. This section would Subtitle I, sections 6802 and 6803, Ex- a moderate to high potential for large- add terrorist offenses that are subject panded WMD Prohibitions, section 6802 scale dissemination. There are no le- to a maximum penalty of at least 10 expands the jurisdictional bases and gitimate private uses for these weap- years to this list, judges would be re- scope of existing prohibitions on use of ons. weapons of mass destruction, and in- Current law allows a maximum pen- quired to presume that facts requiring cludes chemical weapons within the alty of only 10 years in prison for the a denial of bail are present. This is prohibition for the first time. Section unlawful possession of MANPADS or only a presumption, the terror suspect 6803 amends the Atomic Energy Act to an atomic weapon. No statute crim- still could attempt to show that he is more broadly prohibit directly and inalizes mere possession of dirty not a flight risk or potential threat to willfully participating in the develop- bombs. Knowing, unregistered posses- jurors or witnesses. ment or production of any special nu- sion of the variola virus is subject only The Justice Department testified as clear material or atomic weapon out- to a maximum penalty of 5 years. to the importance of this provision at side of the United States. This section Sections 6903–06 make unlawful pos- the Terrorism Subcommittee hearing also makes it a crime to participate in session of MANPADS, atomic weapons, on TFTA: or provide material support to a nu- radiological devices, or variola virus a Current law provides that federal defend- clear weapons program, or other weap- crime with a mandatory minimum sen- ants who are accused of serious crimes, including many drug offenses and violent ons of mass destruction program, of a tence of 25 years to life. Use, attempts crimes, are presumptively denied pretrial redesignated terrorist organization or to use, or possession and threats to use lease under 18 U.S.C. § 3142(e). But the law state sponsor of terrorism. And the of- these weapons are a crime with a man- does not apply this presumption to those fense created by this provision applies datory minimum sentence of 30 years charged with many terrorism offenses. To extraterritorially. to life. Use of these weapons resulting presumptively detain suspected drug traf- In his TFTA testimony about par- in death is subject to a mandatory fickers and violent criminals before trial, allel provisions to sections 6802 and minimum sentence of life imprison- but not suspected terrorists, defies common 6803 before the Terrorism Sub- ment. These penalties should espe- sense. This omission has presented authorities committee earlier this year, George cially help to deter middlemen and real obstacles to prosecuting the war on ter- Washington University law professor facilitators who are essential to the rorism, as Michael Battle, U.S. Attorney for Jonathan Turley stated: transfer of these weapons. the Western District of New York, testified [Section 6802, the WMD-statute provision] Section 6907 amends current law to before this subcommittee on June 22. In the would close current loopholes in the interest add the criminal offenses created by recent ‘‘Lackawanna Six’’ terrorism case in

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11998 CONGRESSIONAL RECORD — SENATE December 8, 2004 his district, prosecutors moved for pre-trial June 22, 2004. Witnesses included Ra- vate purpose for possessing these detention of the defendants, most of whom chel Brand, Principal Deputy Assistant items. Moreover, the potential for ter- were charged with (and ultimately pled Attorney General, Office of Legal Pol- rorist use of these items is among the guilty to) providing material support to al icy, Department of Justice; Michael most serious threats to our homeland Qaeda. It was expected that the defendants would oppose the motion. What followed was Battle, U.S. Attorney, Buffalo, NY; and security. By prohibiting the unauthor- not expected, however. Because the law does James K. Robinson, former Assistant ized possession of these items, and by not allow presumptive pre-trial detention in Attorney General, Criminal Division, imposing strong penalties on violators, terrorism cases, prosecutors had to partici- Department of Justice. these provisions will play a major role pate and prevail in a nearly three-week hear- I have spent considerable time rein preventing and disrupting future ing on the issue of detention, and were forced viewing this conference report and terrorist attacks, by depriving terror- to disclose a substantial amount of their evi- thoughtfully considering its provisions. ists of access to some of the most high- dence against the defendants prematurely, at I have serious reservations and agree ly destructive and dangerous items civ- a time when the investigation was still ongo- with the many experts in this field who ilized society has ever faced. ing. Moreover, the presiding magistrate judge did in fact authorize the release of one have urged a more thorough study of Specifically, these provisions would defendant, who, it was later learned, had lied the intelligence community’s problems punish unlawful possession as well as to the FBI about the fact that he had met and, likewise, a careful matching of unlawful production or transfer of with Usama Bin Laden in Afghanistan. The those problems to solutions. Though I these items, and includes attempts, Lackawanna Six case illustrates the real-life appreciate the hard work of the 9/11 threats, and conspiracies related to problems the absence of presumptive pre- Commission to help Americans under- such acts. These provisions generally trial detention has posed to law enforce- stand how 9/11 happened, the Commis- impose tough, mandatory minimum ment. But this shortcoming in the law has sion’s recommendations—on which it sentences of 25 years, and in some cases also enabled terrorists to flee from justice altogether. For example, a Hezbollah sup- spent far less time than on the nar- impose sentences up to and including porter was charged long ago with providing rative it took some 18 months to as- life imprisonment. Tough penalties material support to that terrorist organiza- semble—are not the final answer to the like these are appropriate for the most tion. Following his release on bail, he fled intelligence community’s problems. dangerous threats our nation faces, and the country. I intend to support this conference that is exactly the kind of threat that The suspect described above eventu- package, noting the improvements that these items pose. We may not be able ally was recaptured by the United have been made since Senate consider- to deter the most dedicated of our ter- States six years after his escape. Dur- ation, but I intend to closely monitor rorist enemies around the world from ing that time, he was not a participant its implementation. I also strongly be- wanting to harm us, but we can deter in a terrorist attack against the United lieve that Congress needs to focus its individuals who serve at lower levels in States, but he could have been. attention next year on resolving the terrorist organizations, and we can Law Professor Jonathan Turley also more difficult problems in the intel- deter those who might try to profit commented on the legislative ancestor ligence community and, more broadly from terrorism by supplying terrorists of section 6952 in his testimony at the in the homeland security arena, like with such items. Terrorism Subcommittee hearing on immigration, not addressed in this leg- I would like to spend just a brief mo- TFTA. He stated: islation. I will work with my col- ment highlighting the particular prob- [Section 6952] would create a presumption leagues in the House and Senate to en- lem of MANPADS. MANPADS are against bail for accused terrorists. Under sure this happens. lightweight, surface-to-air missile sys- this amendment, such a presumption could Mr. CORNYN. Mr. President, I rise to tems designed to take down aircraft. be rebutted by the accused, but the court express my support for the conference MANPADS fire an explosive or incen- would begin with a presumption that the ac- report accompanying S. 2845, the Intel- diary rocket or missile equipped with a cused represents a risk of flight or danger to ligence Reform and Terrorism Preven- guidance system designed to target society. This has been opposed by various tion Act of 2004. I highlight three spe- low-flying aircraft, typically around groups, who point to the various terrorist cific terrorism prevention provisions in the time of landing or departure. They cases where charges were dismissed or rejected, including the recent Detroit scandal the conference report, provisions on can be carried and fired by a single in- where prosecutorial abuse was strongly con- which I have worked particularly hard dividual, from a distance. Because they demned by the Court. I do not share the op- to incorporate into this new bill, provi- are small, they are easy to conceal and position to this provision because I believe sions which I am pleased to see enacted smuggle. They are relatively cheap— that, while there have been abuses in the in- into law. These provisions make impor- ranging from $25,000 to $80,000 each— vestigation and prosecution of terrorism tant improvements to our Federal take only seconds to prepare, require cases, the proposed change sought by the criminal law, improvements that are minimal training, and have a flight Justice Department is neither unconstitu- critical to strengthening our ability to time of just three to ten seconds. tional nor unreasonable. By some estimates, there are at least This proposal would not impose a categor- fight and win the war against ter- ical denial of bail but a presumption against rorism. 500,000 MANPADS in circulation bail in terrorism cases. Congress has a clear- The first two provisions involve around the globe. Although most ly reasonable basis for distinguishing ter- strengthening our efforts to ensure MANPADS are thought to be under the rorism from other crimes in such a presump- that weapons of mass destruction do control of an established military, as tion. In my view, this would be clearly con- not get into the hands of terrorists. many as a thousand MANPADS are be- stitutional. Earlier this year, I introduced two lieved by some to be in the hands of al- While I have been critical of the policies of bills, S. 2664 and S. 2665. I am pleased to Qaeida and other terrorist groups. Coa- Attorney General John Ashcroft, I do not see that both of those bills have now lition forces reportedly captured near- share the view of some of my colleagues in the civil liberties community in opposition largely been adopted by the conference. ly 5,600 missiles during the post–9/11 in- to this change. There is currently a presump- S. 2664, also known as the Prevention vasion of Afghanistan. Defense Sec- tion against pretrial release for a variety of of Terrorist Access to Destructive retary Donald Rumsfeld reported last crimes in 18 U.S.C. § 3142(e), including major Weapons Act, can be found at Title VI, year that MANPADS ‘‘are widely avail- drug crimes. It seems quite bizarre to have Subtitle J of the new bill reported by able in the world and do have the abil- such a presumption in drug cases but not ter- the conference. This provision creates ity to shoot down aircraft and heli- rorism cases. new federal prohibitions and strength- copters, and from time to time it hap- Section 6952 is substantially the ens current federal prohibitions pens in various locations.’’ He said same as the main provision of H.R. against the possession of four cat- there are ‘‘enormous numbers’’ of such 3040, which was introduced by Rep- egories of destructive items: (1) Man- weapons still in Iraq—‘‘have to be more resentative GOODLATTE on September 9, Portable Air Defense Systems, known than hundreds. . . . There are weapon 2003. I introduced the same bill as S. as ‘‘MANPADS’’, (2) atomic weapons, caches all over that country. They 1606 on September 10, 2003. S. 1606 was (3) radiological dispersal devices, were using schools, hospitals, mosques the subject a hearing before the Senate known as ‘‘dirty bombs’’, and (4) the to hide weapons.’’ Subcommittee on Terrorism, Tech- variola virus, the virus that causes A 2000 State Department report stat- nology, and Homeland Security on smallpox. There is no legitimate pri- ed that ‘‘one of the leading causes of

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S11999 loss of life in commercial aviation and fills a number of gaps in current his life and the risk of the others to worldwide has been from MANPADS law. bring me a phone? I know it was a re- . . . attacks, with over 30 aircraft They amend the current federal lief to all of you to hear I was okay. lost.’’ According to a Congressional Re- weapons of mass destruction statute by Now I feel I must make my life worth search Service report issued last year, criminalizing all WMD attacks on for- his. I don’t know if I can do that.’’ No there have been at least 36 known mis- eign government property in the one should have to die in the line of sile attacks on commercial planes in United States, as well as U.S. govern- duty in order to correct a hoax. And no the last 25 years; 35 of those incidents ment property, and expanding the cur- one should have to live with the emo- took place in war-torn areas, mainly in rent prohibition on the use of WMD to tional pain that this serviceman so elo- Africa. For example, in 1983 and 1984, include any acts affecting interstate quently describes in this poignant let- Angolan rebels shot down two Boeing commerce in a variety of ways. They ter. 737s. In the first incident, all 130 people also amend the federal biological Under current law, acts of imperson- on board died, but in the second at- agents and toxins law by extending the ation are illegal only if the person de- tack, the plane managed to land with- prohibition to possession by agents of mands or obtains something of value out fatalities after being hit at an alti- terrorist nations or terrorist organiza- from the victim. That does not include tude of 8,000 feet. In 1998, a Boeing 727 tions. military family hoaxes like the ones was shot down in the Democratic Re- With respect to foreign WMD threats, described here. In addition, many ter- public of Congo, killing 41. And in No- the bill amends a provision of the rorism hoaxes fall outside the defini- vember 2002, in Mombasa, Kenya, two Atomic Energy Act to prohibit partici- tions of current law. S. 2204 fills these missiles were launched against a char- pation outside of the United States in major gaps in the law, and I am pleased tered Israeli Boeing 767 just after take the unauthorized development as well to see these provisions incorporated off for Tel Aviv, Israel. The pilot re- as production of nuclear material, and into the conference report. ported spotting smoke trails near his creates a new criminal code section to Mr. LAUTENBERG. Mr. President, I plane, and some of the 261 passengers forbid the provision of material sup- rise to express my approval of this said they heard an explosion. The at- port to, or any other participation in, much-delayed 9/11 intelligence reform tempted attack has been linked to al- any WMD program of a terrorist orga- bill. As a conferee on this important Qaida, and occurred on the same day as nization or terrorist nation. legislation, I am proud of what we pro- an al-Qaida-linked bombing of a nearby The third and final provision I want duced. The terrible consequences of the resort hotel. Shoulder-launched mis- to highlight involves the perpetration 9/11 attack will never be forgotten, but siles also brought down several smaller of cruel hoaxes against the families of with the passage of this bill future gen- aircraft during the invasion of Iraq, in- military personnel and terrorism hoax- erations will be safer from terrorist at- cluding a Chinook helicopter that es generally. I am pleased to be an tack. crashed last November, killing 16. In original co-sponsor of S. 2204, also January, an Air Force C–5 transport known as the Stop Terrorist and Mili- On a personal basis, I, like so many plane carrying 63 troops was struck by tary Hoaxes Act, and pleased to see from my State of New Jersey and our a surface-to-air missile as it left Bagh- that provisions of those bills have been region, knew people who perished, fam- dad Airport, but it landed safely. incorporated into the conference re- ilies who were torn apart, people who Accordingly, MANPADS are widely port. still feel the pain of their loss. recognized as one of the greatest It is disturbing to think that anyone I want to thank Senators COLLINS threats to civil aviation today. And would want to engage in the false im- and LIEBERMAN, and Representatives just last year, the President agreed personation of a military officer in HOEKSTRA and HARMAN for their efforts with other world leaders at a G–8 con- order to harass, terrify, or otherwise to get a strong bill. This was a roller ference to a series of controls on cause mental distress to military fami- coaster conference, but well worth the MANPADS. S. 2664 is a critical part of lies. I cannot fathom why a human effort. the President’s effort to control and being would want to conduct a crank The 9/11 Commissioners also deserve combat the proliferation of MANPADS, call to the family of a member of the our appreciation for their steady lead- and I am pleased that the conference Armed Forces and falsely inform them ership and thoughtful input during this has seen fit to incorporate the provi- that their loved one has been killed in process. sions of that bill into its report. the line of duty. Last, and most importantly, I want In addition to MANPADS, S. 2664 also Yet during the recent war in Iraq, to salute the 9/11 families for their targets three other destructive devices. that is precisely what happened. Sev- dedication to getting this legislation No one questions the obvious danger eral families reportedly received hoax done. I especially want to thank the posed by allowing atomic weapons and telephone calls informing them that a Steering Committee of 9/11 Families radiological dispersion devices, or dirty family member serving the military in and the so-called ‘‘Jersey Girls.’’ Had it bombs, to get into the hands of terror- Iraq had been killed or captured. Not not been for you 3 years ago, the 9/11 ists. In addition, the variola virus is surprisingly, the families who received Commission would have never been es- the causative agent of smallpox—an ex- these calls were terribly distressed. It tablished. And were it not for you now, tremely serious, contagious, and often must have been a cruel experience in- this bill would have never passed. fatal disease. In fact, the Centers for deed to have to wait and work to con- Mr. President, we can finally look Disease Control has classified variola firm that their family member was ac- the 9/11 families in the eye and say: as one of the biological agents that tually alive and safe. ‘‘We have delivered.’’ poses the greatest threat for public Hoaxes against military families and This 9/11 bill is the most significant health impact. It has a high potential terrorism hoaxes must be punished, be- piece of intelligence legislation we for large-scale dissemination. Accord- cause they utilize scarce resources that have passed in 50 years. ingly, it may be attractive to terrorists need to be focused on combating ter- as a biological weapon. These provi- rorism, and distract the attention of The last major reform was the Na- sions, I am pleased to see, have also our law enforcement and our military tional Security Act of 1947, signed into been incorporated into the conference away from our terrorist enemies. But law by President Truman. report. that’s not the only reason. Hoaxes are While the process of compromise re- I will just add a quick word about S. cruel. They are mean-spirited. And sulted in a bill that did not adopt all of 2665, also known as the Weapons of they can be very dangerous. I want to the recommendations of the 9/11 Com- Mass Destruction Prohibition Improve- read a portion of a letter from one du- mission, this new law will bring signifi- ment Act. The provisions of S. 2665 can tiful U.S. serviceman to his uncle. The cant improvements in our intelligence be found at Title VI, Subtitle I of the letter is dated April 18, 2003, and it system for the better. new bill. Those provisions generally ex- reads: ‘‘One guy died bringing me a sat. Mr. President, the 9/11 Commission pand current federal criminal prohibi- phone so I could call Dad to let him recognized a need to have one person in tions against the use and proliferation know I was alive. It made me think of charge of our intelligence community, of WMD, both domestically and abroad, ‘Saving Private Ryan.’ Was it worth to prevent the kind of miscommunica-

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12000 CONGRESSIONAL RECORD — SENATE December 8, 2004 tion that occurred before 9/11. This bill to the creation of our national intel- in Afghanistan and the war in Iraq addresses this important issue by cre- ligence community in 1947. were the products of our inadequate ating a Director of National Intel- In the 15 years since the fall of the human intelligence capabilities. We ligence (DNI) with real authority over Berlin Wall, there has been a growing must make a major effort to rebuild America’s 15 intelligence-gathering awareness that our national intel- our capabilities, and this legislation agencies. ligence community is in need of serious begins to address that problem. This bill gives this intelligence direc- reform. Despite frequent reviews of the One of the most important elements tor principal authority over the esti- intelligence community’s failures and of a human intelligence program is a mated $40 billion intelligence budget structural problems—including the corps of skilled and dedicated linguists. and gives that person the power to es- Hart-Rudman Commission; the Gil- Unfortunately, while our intelligence tablish clear priorities for the intel- more Commission; the Bremer Com- agencies still possess a more-than-ade- ligence community. The bill makes mission; the Congressional Investiga- quate number of Russian speakers, clear: the buck stops with the DNI. tion of 9/11; and the 9/11—there has been they lack individuals proficient in the This bill also creates a National continued reluctance and resistance to Middle Eastern and Central Asian lan- Counterterrorism Center that will lead reform. guages that are of obvious current im- our counterterrorism efforts. It will be Recent intelligence failures—most portance. This legislation, along with staffed by terrorism experts from the notably the failure to detect the Sep- language in the Defense authorization CIA, FBI, and the Pentagon. The Cen- tember 11 plot, and the massive intel- bill that establishes a Reserve Officers ter will coordinate terrorism intelligence failures that led us to war in Training Corps counterpart for the in- ligence from throughout the govern- Iraq—have given new exposure to the telligence community, helps to address ment, breaking down the walls that problem and new momentum to reform this problem as well. The third intelligence-related item have too frequently prevented agencies efforts. I am extremely pleased that we deserving particular attention is the from sharing important information in are now in a position to enact serious issue of excessive classification. I want a timely manner. intelligence reform legislation for the to comment senator WYDEN and Sen- The bill bolsters border security, par- first time in over 50 years. I consider ator LOTT, who were very involved in ticularly improving aviation, air cargo, this legislation to be one of the most this aspect of the legislation. Our intel- and maritime security. It also important enactments of my 18 years ligence community has developed an strengthens border surveillance, in- in the U.S. Senate. There are several unhealthy obsession with secrecy, and creases the number of border patrol elements of this legislation which war- this has often led to bad analysis and agents and immigration and customs rant more detailed comment. bad decisions. This obsession with se- One of the most important aspects of enforcements investigators. crecy prevented intelligence agencies This bill also has some provisions to this legislation is the element that that had knowledge of various ele- safeguard our civil liberties by estab- Senator ROBERTS was just discussing— ments of the 9/11 plot from ‘‘connecting lishing a ‘‘Privacy and Civil Liberties the need to centralize the intelligence the dots’’ and realizing that a major agencies is not an end in itself, but a Oversight Board.’’ Although I do not terrorist operation was being plotted platform from which we can move to believe that this board has quite the on American soil. This obsession with decentralize. independence and power that I wanted, secrecy contributed to inadequate scru- As the United States military trans- I am hopeful that the Board will help tiny of intelligence relating to Iraq, formed itself from the military of San ensure that new regulations and poli- and as a result we went to war because Juan Hill and the World Wars, it first cies do not violate privacy rights or of weapons that did not exist, and ter- needed to centralize, under the Na- civil liberties. rorist connections that appear to have tional Security Act of 1947, consoli- Mr. President, despite the bipartisan been imaginary. support for this bill, it has faced a dif- dating the secretaries of the Army and This obsession with secrecy poses a ficult road. To be honest, we were Navy into the Department of Defense, serious and continuing threat to our ready for a vote on November 20. A and then to decentralize, under the national security. As the late Senator strong majority of the conference com- Goldwater-Nichols Act in 1986 into the Daniel Patrick Moynihan said, ‘‘Se- mittee approved this bill and we were joint commands of the modern mili- crecy is for losers.’’ If we do not want ready to go. I signed my name to the tary. Our intelligence community to lose in our struggle with the various conference report at that time. needs to transform itself and move threats we face today, we must aban- But later that same day, we found from being designed around functions— don this unhealthy obsession. This leg- out that the House Republican leader- such as electronic eavesdropping, or islation addresses this problem by di- ship would not move forward on the satellite surveillance—to a focus on recting that more rational guidelines bill. The reason? Because two Repub- missions, such as counterterrorism or for intelligence classification be estab- lican Congressmen didn’t like the con- counterproliferation. lished, and that an independent board ference report. This legislation makes the appro- be empowered to review these deci- Mr. President, in my view, the delay priate and necessary first step of cen- sions. This is an important first step in passing this bill was unnecessary tralizing the intelligence community toward abandoning this dangerous ob- and unwise. Every day this bill was under a Director of National Intel- session, and making sure that secrecy dragged out was a day that made our ligence. It also lays the foundation for decisions are made for reasons of na- communities less safe. the next step, which is decentralizing tional security, rather than agencies The House Republican leadership the intelligence community through trying to bury their mistakes. nearly snatched defeat from the jaws of the establishment of mission-based in- Madam President, what we are doing victory. But thankfully, in the end the telligence centers. Two are established today is an important step, but it is families and the 9/11 Commission made by statute—Counterterrorism and not by any means the last step. Some their voices heard, and we have reached Counterproliferation—and the legisla- of these steps are rather tangential to this milestone today. tion gives the DNI the power to estab- the issue of intelligence reform. For Mr. President, my home State, New lish other centers, to focus on those example, this legislation includes a Jersey, lost 700 of its citizens on 9/11. current or emerging threats he or she provision requiring face-to-face inter- There is little we in Congress can do to deems to be of priority importance. views with visa applicants. If we are to heal their pain. But today, at least we Among the shortcomings referred to implement this provision effectively can do something to help prevent such earlier, one of the first and foremost is we must seriously consider increasing a tragedy in the future. obviously an underdeveloped capacity the capacity of our consular service. Mr. GRAHAM of Florida. Yesterday for gathering human intelligence. Our Currently, in Brazil, visa applicants was the anniversary of Pearl Harbor, intelligence community has come to must travel to one of three large cities which is remembered as one of the rely too heavily on electronic eaves- in order to get a visa for travel to the greatest intelligence failures in our dropping and satellite surveillance, and United States. country’s history. The desire to pre- human intelligence has been neglected. Since Brazil is the size of the conti- vent future Pearl Harbors helped lead A case could be made that both the war nental United States, and these three

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12001 cities are located close together, this is alongside the National Counterter- Michael, Bopp, Jane Alonso, Deborah the equivalent of telling Americans rorism and Counterproliferation Cen- Barger, Don Bumgardner, Jen Burita, Elissa who wish to secure a visa to Mexico ters. The DNI must also revise current Davidson, Ann Fisher, Jason Foster, Jen- that they must first travel to either nifer Gagnon, Priscilla Hanley, Johanna budget priorities, such as the research Hardy, Jennifer Hemingway, Keith Janssen, Dallas, Chicago, or Cleveland. While it and development budgets, and establish David Kass, Bruce Kyle. is probably not cost-effective to open community-wide personnel policies Gordon Lederman, Lesley Leger-Kelley, new consulates in every city that that support the recruitment, training James McKay, Bill Murray, Jon Nass, Amy might need visa services, we should at and retention of effective intelligence Newhouse, Bill Priestap, Alec Rogers, Kate lest open more visa offices, so that community personnel. Scontras, Amber Smith, Heather Smith, these interviews can be conducted Finally, there will be a responsibility Cornelius Southall, Michael Stern, Sarah without unduly inconveniencing our here on the Congress. In the Senate we Taylor, Monica Wickey, and Keith Herrington. foreign guests. have taken steps to reform our over- Ms. COLLINS. Mr. President, I also This legislation also includes a sec- sight of intelligence. Terms limits on want to list the conferees on this bill. tion addressing the United States’ rela- the Intelligence Committee have been Contrary, perhaps, to the implications tionship with Saudi Arabia. It points removed. By creating a new appropria- of what we have just heard, this was an out, and I quote, that ‘‘the Government tion subcommittee for intelligence we extraordinarily open conference, where of Saudi Arabia has not always re- have freed the intelligence budget from Democrats and Republicans negotiated sponded to promptly or fully to United its previously unbreakable link to the side by side in every single meeting. It States requests for assistance in the defense budget. These are good starts. was a bipartisan effort. global war on Islamist terrorism,’’ and But we will also have to look at the Senators LOTT, ROBERTS, VOINOVICH, particularly cities the Saudi govern- culture of the congressional oversight COLEMAN, SUNUNU, DEWINE, LEVIN, ment’s inattention to the problem of committees, and make sure that they ROCKEFELLER, DURBIN, GRAHAM of Flor- terrorist financing. I would add that we direct their attention to the front ida, and Senator LAUTENBERG were the have compelling evidence to believe windshield of the future, and the Senate conferees on this important that Saudi interests actually played a threats that are coming at us, and bill. I thank each of them personally role in financing insurgents in Iraq and spend relatively less of their time on for how hard they worked. Each of earlier the 9/11 hijackers. The extent of looking through the rear view mirror them contributed greatly to the final Saudi involvement in 9/11 was detailed at accidents that have already oc- product, and I am very grateful for in a twenty-seven page section of our curred. their support. 2002 joint House-Senate Intelligence By its nature, the intelligence com- I wish to also respond to the concept Committees report on the attacks of munity is going to create accidents that somehow this issue was rushed. September 11, 2001. Unfortunately, from time to time. They need to be re- The fact is there have been numerous every one of those twenty-seven pages viewed. But we cannot afford for them reports and commissions that have was classified. This means that the to consume all of our oversight respon- urged intelligence reform going back American people have, in that and sibility. It is in the future that new to 1954. Over and over again, problems other instances, been denied important threats are to be found, and it is our re- were identified in our intelligence information about our relationship sponsibility to be able to assure the structure, even as our country became with Saudi Arabia. I hope that this in- American people that our intelligence more vulnerable to asymmetric telligence reform legislation calling for community is capable of identifying threats, such as terrorist groups. more dialogue on the U.S.-Saudi rela- those threats, and of providing infor- The 9/11 Commission, which did, in tionship is heeded, and that increased mation to the appropriate decision my view, an outstanding job, reviewed attention to this relationship will lead makers, in order to prevent those more than 2.5 million pages of docu- to greater transparency and candor. threats from becoming the next Pearl ments, interviewed more than 1,200 in- Madam President, as I said in my Harbor, or the next 9/11. dividuals, held 19 days of hearings, and farewell speech yesterday, in a quote Madam President, in conclusion, I took public testimony from 160 wit- from Winston Churchill, ‘‘This is not would like to note that this bill would nesses. Congress held 44 hearings on the end, nor is it the beginning of the not have been possible without an ex- the 9/11 Commission’s report and rec- end, but it is perhaps the end of the be- traordinary effort by dozens of mem- ommendations. ginning’’. This Churchillian wisdom bers of Congress, the Joint House-Sen- The Governmental Affairs Com- also applies to what we are accom- ate intelligence inquiry members and mittee, which I am honored to chair, plishing today. There is more that still staff, the 9/11 Commission, and, par- alone held 8 days of hearings and needs to be done as we move beyond ticularly, the families of the victims of marked up this legislation for 2 full the end of the beginning of intelligence 9/11. days. We were on the Senate floor for reform. Today is a celebration of the success nearly 2 weeks. We considered hun- Let me start with the President’s re- of urgently needed reform, finally over- dreds of amendments to this bill. The sponsibilities. The President will have coming the inertia of the status quo. conference on the bill lasted nearly 2 the responsibility for making a series But, this is only the end of the begin- months and received a great deal of at- of critical appointments, and he must ning. The President, the Congress, tention. appoint creative, dynamic and ex- those Americans who do and will serve I note that we have made substantive tremely hard-working people who can the intelligence community, bear the changes to only two provisions in the be effective in the challenging new responsibility of ensuring that the conference report since November 20 roles that we are creating. He must promise of enhanced security through when the conference agreement almost also ensure that the people he appoints reformed intelligence is achieved. The came to the Senate floor. promote a value system that is condu- fulfillment of this promise will be nei- The November 20 language was wide- cive to open, honest and effective intel- ther quick nor easy. The most impor- ly circulated. It included being pro- ligence gathering and analysis. And he tant undertakings seldom are. But the vided to the staff of the distinguished must also manage the relationships be- goal is worthy of our most steadfast senior Senator from West Virginia. tween the new DNI and existing depart- commitment to its attainment. I assert that this was an extraor- ment and agency heads—most notably The PRESIDING OFFICER. The Sen- dinarily inclusive process, and all the the Secretary of Defense—in order to ator from Maine is recognized. Members of the Senate have had ample ensure that the goals of intelligence re- Ms. COLLINS. Mr. President, I ask time to review the conference report form are realized. unanimous consent that a list of my since, with just two exceptions, which The new DNI will also have tremen- staff members who worked so hard on have been highly publicized. It is the dous responsibility. He or she will have this bill over so many months be print- same language, for the most part, ex- to establish clear priorities for the in- ed in the RECORD at this point. cept for technical changes, as we re- telligence community, and this will be There being no objection, the mate- ported it on November 20. reflected in the National Intelligence rial was ordered to be printed in the I wanted to make those points. I Centers that are created to work, RECORD, as follows: know there are other Members desiring

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12002 CONGRESSIONAL RECORD — SENATE December 8, 2004 to speak. I will yield the floor, but I re- LINS and Senator LIEBERMAN, have that I believe there was an informal— serve the remainder of my time. shown us that standard. This Senator I thought we had made it formal—un- Finally, Mr. President, I note that from Florida is very grateful. derstanding that Senator STEVENS the Senator from New Hampshire, Mr. There will be other issues that we would follow Senator BYRD’s remarks, SUNUNU, wishes to speak in favor of the have to address in the future. Some of and Senator WARNER would follow Sen- conference report. I am prepared to these additional questions on immigra- ator STEVENS’ remarks. But all the yield him some of my time, but I am tion are absolutely critical to our fu- Senator from Florida is trying to do— not certain how much time I have re- ture protection, and we can do that in and I very much appreciate his en- maining. If I could be informed by the the context of a big immigration bill. dorsement of the bill—is to yield back Presiding Officer as to how much time We simply cannot be safe if thousands the remainder of Senator BYRD’s time I have remaining, that would be help- of people continue to come across the at the request of Senator BYRD. ful. Mexican border, as we have heard in The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- testimony in our Commerce Com- objection? ator has 10 minutes remaining. mittee—specifically with our chair- The PRESIDING OFFICER. The Sen- Ms. COLLINS. I will yield at the ap- man, JOHN MCCAIN—having witnesses ator from Alaska. propriate time 5 of my remaining min- telling us how many people are coming Mr. STEVENS. Parliamentary in- utes to the Senator from New Hamp- across the Mexico-Arizona border each quiry: It is my understanding that part shire. I thank the Chair. week. It absolutely staggers the imagi- of the time was to be yielded to an- The PRESIDING OFFICER. The Sen- nation how we can have this porous other Senator. ator from Florida. border and protect ourselves from this The PRESIDING OFFICER. The re- Mr. NELSON of Florida. Mr. Presi- new threat of terrorism. So we have to quest was to allot Senator LIEBERMAN 5 dent, I yield myself 5 minutes of the deal with that issue. minutes of the remaining time. time of the Senator from West Vir- In part, this committee has dealt Mr. STEVENS. At this time? ginia. with it in giving new border agents and Mr. NELSON of Florida. No. If the The PRESIDING OFFICER. Without Customs officials, and for that I am Chair will clarify my statement. objection, it is so ordered. grateful. With more coastline than any The PRESIDING OFFICER. I believe Mr. NELSON of Florida. Mr. Presi- other State, save for the State of Alas- I just did. The request was to yield dent, I rise to state that I enthusiasti- ka, my State of Florida is a place that back the remainder of Senator BYRD’s cally support this legislation. If I had is ripe for infiltration, and we need time with the exception of 5 minutes to to sum up in one sentence what would that extra protection. be granted to Senator LIEBERMAN and 5 be one of the most powerful statements I am looking forward to the con- minutes retained by Senator BYRD. So as to why we need to pass this legisla- tinuing debate and offering some obser- there would be 10 minutes reserved on tion, it would be from the television vations from the perspective of the the minority’s time. interview of Governor Kean, the Chair- State of Florida as we get into that de- Without objection, it is so ordered. man of the 9/11 Commission, when he bate. But for the time being, the reor- The Senator from Alaska. said: This bill will pass. It is just a ganization of the intelligence appa- Mr. STEVENS. Mr. President, I rise question of will it pass now or will it ratus, where there will be account- to discuss this national intelligence re- pass after the next terrorist attack. ability and where there will be a cen- form bill with some reluctance, be- His statement was full of so much tralized budget, is very important for cause as a member of the Govern- meaning because of all the deliberation the future protection of this country. mental Affairs Committee I was also and the factfinding that the 9/11 Com- That is why I support this bill, and I involved, as the chairman of the Appro- mission had brought to the light of day will be voting for this bill when we priations Committee, in the enormous in showing how the intelligence appa- vote on it today. omnibus bill and I have not been able ratus of this country had failed us in Mr. President, on behalf of Senator to pay the attention to this bill that I alerting that we were about to be at- BYRD, I yield 5 minutes of his time to should have. I regret that some of my tacked. Senator LIEBERMAN, and I would then feelings about the bill reflect the fact I We do not have the luxury of two big yield back Senator BYRD’s time, except was not there to participate in those oceans protecting us as we have had in for 5 minutes under Senator BYRD’s meetings. I do commend my colleagues the past, for we now have a new kind of control. in both Houses of the Congress for enemy who deals with stealthiness. Our The PRESIDING OFFICER (Mr. their hard work in coming to an agree- ability to protect ourselves is having SUNUNU). Is there objection? ment on this bill. As with every con- the information ahead of time so we Mr. WARNER. Mr. President, I do not ference, each voice is heard but none can thwart the attack. understand. I ask the Presiding Officer can dominate, and compromise is abso- It was also very revealing in the 9/11 to advise the Senate with regard to the lutely required. Commission Report when they concurrent parliamentary situation. When I commend Senator COLLINS and Sen- cluded that we are safer than Sep- I left the floor earlier today, there was ator LIEBERMAN for their attention to tember 11, but we are not safe. an informal arrangement that Senator the concerns of the people of this Na- I commend the chair of the com- STEVENS and Senator WARNER would tion and for this bill that addresses mittee and her ranking member, as follow Senator BYRD. That is my recol- those concerns in the wake of Sep- they have done an extraordinary job in lection. I yield to the managers. tember 11. I do not believe this bill the crucible of legislative give and Mr. NELSON of Florida. Mr. Presi- fully resolved all of those concerns, but take to stand on their principles and to dent, do I have the floor? the American people should know that insist on those principles that a reorga- The PRESIDING OFFICER. The Congress has indeed passed a bill to re- nization be done under which there Chair can clarify. There is no specific form our intelligence community. would be accountability instead of the order to that effect. Does the Senator This process has been a long and ar- separate and multifaceted intelligence from Florida wish to clarify his unani- duous one. I voted for the Senate communities that we have seen in the mous consent request? version of this bill, when it passed the past that do not talk to each other. Mr. NELSON of Florida. To my good Senate, with reservations. I was con- My hat is off to the chair of the com- friend, the chairman of the Armed cerned about the needs of the mittee and to the ranking member. My Services Committee, I am yielding warfighters and the publication of the hat is also off to them because they back Senator BYRD’s time. He still has top line numbers of the intelligence have shown legislative dealmaking at time left. I stated specific parameters, community and the broad authorities its best. They have done it with 5 minutes for Senator LIEBERMAN and granted to the Director of National In- aplomb, with respect, with bipartisan- the additional 5 minutes that I stated. telligence. It was my hope that these ship, with dignity, and that is the The PRESIDING OFFICER. Is there concerns would be addressed, and they standard that has been so much a part objection? have been partially met by this bill. of the historical tradition of the Sen- Ms. COLLINS. Mr. President, I do I still believe that some of the sec- ate. And the two of them, Senator COL- want to clarify apart from this issue tions of the bill grant such authorities

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12003 to the Director of National Intelligence this bill, but it is my intention to ask I began to work my way through what that place him or her above those of that each general counsel in the intel- I perceived as my responsibility with any member of the President’s Cabinet, ligence community and the Depart- regard to this legislation in the capac- and by passing this bill we will have ment of Defense report to the next ity as chairman of the Senate Armed created an intelligence czar whose au- Congress, at least on a periodic basis, Services Committee. thorities will far exceed any govern- their interpretation and the subse- On Monday this week, I joined, at his mental official other than the Presi- quent implementation of this legisla- invitation, Chairman DUNCAN HUNTER dent himself. I believe this should be of tion in their Departments to ensure of the House Armed Services Com- some concern to every Member of the that these concerns of mine and those mittee, indicating that I planned to Senate, and Senator BYRD has outlined that have been expressed by other Sen- support this conference report, and some of those concerns. ators on the floor do not come to fru- that was predicated largely on the This Director of National Intel- ition. achievements of Chairman HUNTER ligence is not an elected official and is Again, this is a bill that is needed, and, to some extent, myself and others not directly accountable to the Amer- authority that is needed in the post-9/ working with the managers in pro- ican people. The Director of National 11 period. I believe still, as I have stat- viding a deletion of certain words in Intelligence will only be able to be ed repeatedly on the floor, there are reined in by the President himself, and many Members of the Senate who do the conference report and in their place that, I believe, puts an overwhelming not realize how much has been accom- providing others that, in my judgment, burden on the President of overseeing plished since 9/11, and I assume this bill give a greater degree of protection to this official and the actions of the Di- will be interpreted in terms of the in- the time-tested concept of chain of rector of National Intelligence on a telligence system as it exists today and command within our military forces. daily basis. No one else has any way to not based upon the intelligence system Again, I have been working, and I control this official. that existed on September 11, 2001. think it is important for the legislative The intelligence community has also I thank the Chair. history to set forth a chronology, on provided support to the President, to The PRESIDING OFFICER. The Sen- the chain of command language over the administration itself, and to the ator’s time has expired. several months. I am particularly Congress. I fear this bill goes far be- The Senator from Virginia. grateful to the Vice President, with yond that role. When an individual or Mr. WARNER. Mr. President, I ask whom I had consultations, and his an organization is given such broad au- the Presiding Officer to advise me staff, with whom I had continued con- thorities, the lines between policy- when there is but 5 minutes remaining versations, for their guidance and as- making and information gathering be- on my time such that I can allow that sistance on this vital issue as I worked come blurred. This is particularly true time to be used by another Senator, with Chairman DUNCAN HUNTER. The in the intelligence field, and I continue and I would hope the managers would issue was of great importance. I be- to have reservations as to how this new yield to Senator CORNYN, if that is pos- lieve, as a matter of fact, it was crit- organization will integrate these duties sible. ical that a clear record be laid out of with the overall governmental struc- Before my distinguished colleague the chronology of events that led to ture and particularly with those of the from Alaska departs the floor, I asso- this new language. Secretaries of State, Defense, and ciate myself with his goals in this Back in August and September of Homeland Security. forthcoming legislation and would like this year, when intelligence reform leg- These are extraordinary authorities to cosponsor that with him. I think that will be given to the Director of that is very much needed. I do not join islation was being developed, the White National Intelligence. That person will or do that in any criticism of the dis- House, on September 16, provided draft exercise power far beyond those I have tinguished work done by the managers legislation to the Congress. The proc- seen even in wartime. In my years in of this bill. They certainly were given ess was somewhat informal. I mean the Senate, I have known 12 Directors a daunting challenge to perform in a some of the processes throughout this of Central Intelligence. It has been my very short period of time, but I hope legislative consideration were some- privilege to know each one of them per- the managers and others recognize the what unusual. But, anyway, they pro- sonally. My roots in the intelligence need for oversight, perhaps in some re- vided draft legislation. It suggested community go back to World War II spect by my committee, the Intel- legislation contain—and I refer to sec- when I flew the OSS plane in China. ligence Committee, and the Govern- tion 6 on preservation of authority. Since then, I have had a great deal of mental Affairs Committee, because of That is another definition of chain of interest in and contact with members the enormity of the power that this command. This legislation would en- of the intelligence community and con- one individual has. sure the protection of the chain of tinue to have a great interest in the As it relates to my specific concerns, command as proposed by the President. operations of intelligence for our Na- that is of the chain of command and The bottom line is Cabinet officers re- tional Government. the operation of the new Director to in- main responsible for managing their Clearly, I believe I know a little his- volve himself in some way in those de- departments and would remain ac- tory of intelligence. I challenge anyone cision processes, as that order comes countable for the actions of their de- to name any official of a friendly or ad- down from the President through the partments. versarial intelligence service over the JCS to the combatant commanders, we I was advised at that time that this past century who has been granted the have to watch the execution of those preservation of authority section was broad authority that this National In- powers very carefully. drafted, indeed, with the personal intelligence Director will have. So I commend my distinguished col- volvement of the President and that he What this requires, in my judgment, league, and I wish to thank our distin- had expressed to his immediate associ- is persistent oversight by the Congress. guished majority leader for the very ates the importance of this concept to Each committee of the Congress with openminded and fair manner in which the President. oversight of intelligence matters must he dealt with those of us who had some scrutinize the actions of the intel- concerns about this throughout. He Legislation reported to the Senate by ligence community, and in particular was joined, I think in some respects, by the Government Affairs Committee did this Director, to ensure there are the Democratic leader. Together with not include this section. That, of course, was the chronology that the checks and balances in this system Senator STEVENS, Senator BYRD, Sen- managers can provide if they deem nec- that are required by our Constitution. ator SESSIONS, Senator KYL, Senator essary. We must aggressively remain attuned ALLARD, Senator CORNYN, and Senator to assure that none of the freedoms we BURNS, and I will let them speak for The administration felt strongly celebrate are hampered by this new en- themselves, but I thought their con- enough to appeal for the inclusion of tity or its Director. tributions to this Senator, and I think this provision of preservation of au- Now, having said that, as I informed from the conversations with the Sen- thority language during the Senate the President previously, I will vote for ator from Alaska, were very helpful as floor consideration of the bill. And in

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12004 CONGRESSIONAL RECORD — SENATE December 8, 2004 the Statement of Administration Pol- and women of the Armed Forces. The draft conference report, as well as the icy, dated September 28, 2004, the ad- lives of our uniformed personnel are at final version be printed in the RECORD. ministration urged the Senate to in- risk, and the success of our military ef- There being no objection, the mate- clude section 6 of their proposed legis- forts can often hang in the balance. rial was ordered to be printed in the lation in the Senate bill. The language contained in the No- RECORD, as follows: On October 1, 2004, I introduced an vember 20 draft conference report po- NOVEMBER 20, FINAL LANGUAGE PROPOSED BY amendment during the floor debate to tentially inserted the newly created CONFERENCE BIG 4 accomplish this very purpose, as estab- Director of National Intelligence into SEC. 1018. PRESERVATION OF AUTHORITY AND lished by the administration in their this chain of command with the au- ACCOUNTABILITY. communications. Unfortunately, after thority to direct military intelligence Not later than 120 days after the date of lengthy discussions with the floor man- assets to what the DNI—that is the ac- the appointment of the first individual ap- agers and the administration, I was pointed as the Director of National Intel- ronym for the Director of National In- ligence, the President shall, and on an ongo- just not able to effect what I believed telligence—considered higher prior- ing basis, issue guidelines to ensure the ef- was a compromise that would meet the ities, thereby possibly putting him in fective implementation within the executive goals that I had set out and, if I may conflict with the Secretary of Defense branch of the authorities granted to the Di- say, I felt the goals that the adminis- and the combatant commanders. Such rector of National Intelligence by this title tration had set out. Consequently, the a situation would clearly, I judged, vio- and the amendments made to this in a man- amendment was not considered and late the time-tested principle of con- ner that maintains, consistent with the pro- was withdrawn. tinuity, of unity of command. visions of this Act, the statutory responsi- I remained concerned about pre- The new law, however, as now re- bility of the head of the departments of the United States Government with respect to serving the authority of Cabinet offi- drafted, will presumably go forward for such departments, including, but not limited cers to manage their departments and many years. Although soldiers will to: to remain accountable for the perform- come and go, personalities will be dif- (a) the authority of the Director of the Of- ance of their departments as well as ferent. Consequently, these potential fice of the Management and Budget, or protecting the integrity of the chain of ambiguities are best removed now. I (b) the authority of the principal officers of command, from the President to the think the new language achieves, in the executive departments as heads of their Secretary of Defense to battlefield large measure, that goal. respective departments, including, but not limited to, under— commanders. Our Armed Forces are the finest in (1) Section 199 of the Revised Statutes (22 In a statement on the Senate floor on the world and one of the reasons for USC 2651); October 4, 2004, during the course of their excellence is an unambiguous, (2) Title II of the Department of Energy that debate, before final passage, I time-tested chain of command. Con- Organization Act (42 USC 7131); clearly indicated I would vote for the sequently, I was very concerned, as was (3) State Department Basic Authorities bill, but I had sufficient confidence my friend and colleague DUNCAN HUN- Act of 1956, as amended; (4) Section 102(a) of the Homeland Security that the process would once again take TER of the House Armed Services Com- Act of 2002 (6 USC 112(a)); and into consideration the positions of the mittee, that the draft conference re- (5) Sections 301 of title 5, 113(b) and 162(b) Senate and the House on the position port, if it became law, would not be or title 10, 503 of title 28, and 301(b) of title of chain of command, and that the con- drafted in such a way as to disrupt the 31, United States Code. ferees would see the wisdom of incor- integrity of our chain of command, or INTELLIGENCE REFORM CONFERENCE porating that provision as desired by even possibly have the ambiguity that EVOLUTION OF CHAIN OF COMMAND ISSUE the administration and along the lines gave rise to the ability for such disrup- Current law, as established by the Gold- of the amendment that I had consid- tion. water-Nichols Defense Reorganization Act of ered. Chairman HUNTER exhibited strong, 1986, provides for a clear and unambiguous Clearly, this chain of command issue determined leadership as a House con- military chain of command. This was a key has been of significant concern over feree on this issue, and I was privileged aspect of the reform legislation to ensure the past few weeks. It was one of the to work with him. We have shared such that combatant commanders were provided reasons the House of Representatives responsibilities, the two of us working with the unity of command necessary for successful execution of military operations. was not able to reach a decision to pro- together, over more than two decades ceed with a vote on this conference re- of service in our respective member- 10 USC 162 port prior to Thanksgiving. The record ships on the committees of the armed SEC. 162. COMBATANT COMMANDS: ASSIGNED FORCES; CHAIN OF COMMAND. reflects with clarity that it was impor- services of the Senate and the House. (a) ASSIGNMENT OF FORCES.— tant that this issue should be resolved. On Monday this week, after consulta- (4) Except as otherwise directed by the It was not a trivial matter—I repeat, it tions with the White House, the Chair- Secretary of Defense, all forces operating was not a trivial matter, as has been man of the Joint Chiefs of Staff, Chair- within the geographic area assigned to a uni- suggested in press reports, attributing man HUNTER, and several conferees, an fied combatant command shall be assigned those quotes to others. agreement was reached on the lan- to, and under the command of, the com- Each time our President sends the guage that protects the integrity of mander of that command. The preceding sen- U.S. Armed Forces into harm’s way to this chain of command, in my esti- tence applies to forces assigned to a specified combatant command only as prescribed by defend our Nation, a series of events mate, and preserves the authority of the Secretary of Defense. happens, including specific orders to heads of government departments to (b) CHAIN OF COMMAND.—Unless otherwise our combat support agencies, the De- effectively manage their departments directed by the President, the chain of com- fense Intelligence Agency, the National and remain accountable for the per- mand to a unified or specified combatant Security Agency, the National Recon- formance of all elements of their de- command runs— naissance Office, and the National partments. The final language is a sig- (1) from the President to the Secretary of Geospatial-Intelligence Agency, to pro- nificant change, which allays concerns Defense; and (2) from the Secretary of Defense to the vide very specific supports to combat- of the Members, which I expressed pub- commander of the combatant command. ant commanders at specific times and licly on December 3 in a press state- 10 USC 164 places. ment. This support is critical to the success SEC. 164. COMMANDERS OF COMBATANT COM- Other colleagues had approached me MANDS: ASSIGNMENT; POWERS AND of virtually all military operations, with the same basic concerns. I think, DUTIES. and those decisions often have to be and I have assured them in conversa- (c) COMMAND AUTHORITY OF COMBATANT made on a real time, instantaneous tions, that they have largely been met COMMANDERS. basis. There can be no ambiguity in the and that this proposed conference re- (1) Unless otherwise directed by the Presi- statutory framework or regulations port, which will eventually become dent or the Secretary of Defense, the author- about these orders and the ability to statutory law, has been greatly im- ity, direction, and control of the commander of a combatant command with respect to the execute them. And there can be no con- proved. commands and forces assigned to that com- flicting directions to the implementers Therefore, I ask unanimous consent mand include the command functions of— of that intelligence to provide it and that a copy of the preservation of au- (A) giving authoritative direction to subor- provide it expeditiously for the men thority provision for the November 20 dinate commands and forces necessary to

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12005 carry out missions assigned to the command, The proposed December 6 agreement be- 2004, stated that it is his intention to including authoritative direction over all as- tween Senate conferees and Chairman Hun- develop guidelines and regulations pects of military operations, joint training, ter provides necessary protection of chain of using the statutory guidance provided and logistics; command statutes. in this provision ‘‘to ensure that the (B) prescribing the chain of command to SEC. 1018. PRESIDENTIAL GUIDELINES ON IM- the commands and forces within the com- PLEMENTATION AND PRESERVA- principles of unity of command and au- mand; TION OF AUTHORITIES. thority are fully protected.’’ (C) organizing commands and forces within The President shall issue guidelines to en- With this agreement, it is now time that command as he considers necessary to sure the effective implementation and execu- to move forward to approval of this carry out missions assigned to the command; tion with the executive branch of the au- bill, and I shall vote for it. Earlier (D) employing forces within that command thorities granted to the Director of National today, the distinguished majority lead- as he considers necessary to carry out mis- Intelligence by this title and the amend- sions assigned to the command; er made reference to this bill as ‘‘not a ments made by this title, in a manner that perfect bill.’’ I associate myself with (E) assigning command functions to subor- respects and does not abrogate the statutory dinate commanders; and responsibilities of the heads of the depart- his opinion because there are several (F) coordinating and approving those as- ments of the United States Government con- issues about which I remain concerned; pects of administration and support (includ- cerning such departments, including, but not namely, the authorities of the Director ing control of resources and equipment, in- limited to: ternal organization, and training) and dis- of National Intelligence to establish (1) the authority of the Director of the Of- cipline necessary to carry out missions as- personnel policy for military personnel fice of Managements and Budget; and signed to the command. and transfer them within the National In recognition of the possible conflict be- (2) the authority of the principal offices of Intelligence Program; the ability of tween the new authorities being provided to the executive departments as heads of their respective departments, including, but not the Director of National Intelligence to the National Intelligence Director and exist- transfer and reprogram funds; the role ing chain of command statutes, the Bush Ad- limited to, under— (A) section 199 of the Revised Statutes (22 of the Director of National Intelligence ministration’s September 16 legislative pro- USC 2651); posal to implement the 9–11 Commission rec- in major intelligence acquisition pro- (B) title II of the Department of Energy ommendations contained a specific provision grams managed largely by the Depart- Organization Act (42 USC 7131 et seq.); to ensure protection of existing chain of ment of Defense; and the relationship (C) the State Department Basic Authori- command authorities. between the DNI and the Director of ties Act of 1956; SEC. 6. PRESERVATION OF AUTHORITY AND AC- (D) section 102(a) of the Homeland Security the CIA, and between the DNI and the COUNTABILITY. Act of 2002 (6 USC 112(a)); and Director of the National counterterror- Nothing in this Act or amendments made (E) sections 301 of title 5, 113(b) and 162(b) ism Center. by this Act shall be construed to impair or of title 10, 503 of title 28, and 301(b) of title 31, At this point, I say thanks to Sen- otherwise affect the authority of: (1) the Di- United States Code. ator STEVENS. I have worked closely rector of the Office of Management and Mr. WARNER. It has been clear, es- Budget; or (2) the principal officers of the ex- with the Central Intelligence Agency ecutive departments as heads of their respec- pecially after the July report issued by and the Directors of that organization tive departments, including, but not limited the Senate Intelligence Committee for these many years. The principal to, under section 199 of the Revised Statutes under the leadership of Chairman ROB- headquarters is in my State. I am priv- (22 USC 2651), Title II of the Department of ERTS and Chairman ROCKEFELLER, ileged to have had a long series of close Energy Organization Act (42 USC 7131), the about weapons of mass destruction in personal relationships with not only State Department Basic Authorities Act of Iraq and the valuable contribution of the Directors but many of the asso- 1956, as amended, section 102(a) of the Home- the 9/11 Commission and the comments ciate directors and others—indeed, the land Security Act of 12002 (6 USC 112(a)), and and thoughts of many others, that led sections 301 of title 5, 113(b) and 162(b) of employees. I think overall they have title 10, 503 of title 28, and 301(b) of title 31, to the impetus for the United States to stood the test of time and done their United States Code. have had major reform of our national very best to provide America with the The November 20 conference proposal con- intelligence system. That was needed. best intelligence, and most particu- tained inadequate protection of the chain of The Governmental Affairs Com- larly the men and women of the Armed command provisions as it subordinated these mittee was given this challenge and ac- Forces. sections of law to the new authorities vested cepted it. They have worked to the best Consequently, I will join others in in the Director of National Intelligence. This of their ability, and their final work proposal was opposed by Chairman Duncan this Chamber to carefully monitor Hunter. product brings us to this point today oversight implementation of this legis- SEC. 1018. PRESERVATION OF AUTHORITY AND where I presume there will be a strong lation over the coming months, and ACCOUNTABILITY. vote to endorse that workmanship. will, if deemed necessary, offer such Not later than 120 days after the date of It has been my position during this legislation, an example being what the the appointment of the first individual ap- process, however, to ensure that we do distinguished Senator from Alaska just pointed as the Director of National Intel- no harm to the immeasurably im- mentioned, when appropriate to fur- ligence, the President shall, and on an ongo- proved intelligence system that has ther strengthen this law to alleviate ing basis, issue guidelines to ensure the ef- been built for our battlefield com- fective implementation within the executive any unintended consequences of this branch of the authorities granted to the Di- manders over the past 15 years since legislation. rector of National Intelligence by this title shortcomings were identified during Again, I congratulate the managers and the amendments made to this title in a and after the Persian Gulf war. Senator of this bill. I look forward to working manner that maintains, consistent with the STEVENS commented on that. That is with them as we implement these re- provisions of this Act, the statutory respon- one of the reasons we were associated forms and build an intelligence system sibility of the head of the departments of the in working on this language change. A that provides the best possible support United States Government with respect to much improved system exists today, for our national decisionmakers, and such departments, including, but not limited and it will continually evolve in be- to: most particularly to those in uniform (a) the authority of the Director of the Of- coming more improved. serving on the distant battlefields and fice of the Management and Budget; or It has been the goal of the Senate ramparts of the world. (b) the authority of the principal officers of Armed Services Committee, working I ask unanimous consent to have the executive departments as heads of their with other committees of the Senate printed in the RECORD a working docu- respective departments, including, but not during this deliberative process on this ment on the chain of command issue limited to, under— intelligence reform, to ensure that in- (1) Section 199 of the Revised Statutes (22 which Chairman HUNTER and I used USC 2651); telligence support to the President, the during our deliberations on this issue, (2) Title II of the Department of Energy Congress, senior policymakers, and and in response to questions that were Organization Act (42 USC 7131); tactical commanders is enhanced. The directed to us, as well as a chronology (3) State Department Basic Authorities agreement we reached on Monday is of events associated with consideration Act of 1956, as amended; crucial in accomplishing that goal. of chain of command language during (4) Section 102(a) of the Homeland Security The new language in the conference Act of 2002 (6 USC 112(a)); and deliberations of this bill. (5) Sections 301 of title 5, 113(b) and 162(b) report before us today is a substantial There being no objection, the mate- or title 10, 503 of title 28, and 301(b) of title improvement. President Bush, in his rial was ordered to be printed in the 31, United States Code. letter to the Congress on December 6, RECORD, as follows:

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12006 CONGRESSIONAL RECORD — SENATE December 8, 2004 CHRONOLOGY PRESERVATION OF AUTHORITY/ abrogate the statutory responsibilities of ical pieces of information can come CHAIN OF COMMAND PROVISIONS IN THE IN- head of the departments of the United States from local or State law enforcement, TELLIGENCE REFORM AND TERRORISM PRE- Government. . . .’’ and not just from the sophisticated ap- VENTION ACT OF 2004 Mr. WARNER. Madam President, I paratus of a national intelligence orga- July 22, 2004—9/11 Commission Report re- yield the floor. Again, I yield such time nization. leased. as I might have remaining to Senator We have to coordinate and collect August 2004—relevant committees of Con- CORNYN. that information and then disseminate gress conduct hearings. The PRESIDING OFFICER (Ms. COL- September 16, 2004—White House provides it and do a better job of sharing that LINS). The Senator from New Hamp- suggested legislation on intelligence commu- information. nity reform to relevant committees of Con- shire is recognized. A final area of reform I would under- gress, which includes a section 6 on ‘‘Preser- Mr. SUNUNU. I thank the Chair. score is that with this legislation we vation of Authority’’ for heads of executive It is a pleasure to stand in support of set clear guidelines, a clearer process, departments to manage their departments the intelligence reform bill. and in many ways an easier process, for and remain accountable for their perform- In my remarks today in support of getting key pieces of information to ance. the bill, I want to first emphasize that the decisionmakers that will act on September 23, 2004—Government Affairs there is no real way we can know ex- that information. Committee reports S. 2845 to the full Senate actly and precisely what all of the ben- for consideration, without ‘‘Preservation of We saw, unfortunately, time and Authority’’ provision. efits might eventually occur due to the again in the wake of September 11 mo- September 28, 2004—White House submits reforms made by this bill. I think both ments where there existed important Statement of Administration Policy sup- the House and Senate went through a information, but for a variety of rea- porting S. 2845, but expressing concern about good-faith effort to try to develop a sons that information wasn’t placed in several issues including the lack of a ‘‘Pres- better, a better intelligence organiza- the right hands at the right time. So ervation of Authority’’ provision stating, tion, better rules for sharing informa- information sharing, as simple as it ‘‘The Administration supports inclusion of tion than we currently have, changes may sound, is a critical piece of the re- this provision [Section 6, Preservation of Au- that conform in many ways to some of thority and Accountability, of the Adminis- form element in this bill. tration’s proposal] in the Senate bill.’’ the difficulties identified, and rec- For all of those reasons, I am very October 1, 2004—Senator Warner submits ommendations made by the September pleased to support the legislation be- Amendment No. 3876 to S. 2845, to preserve 11 Commission. But the real motivator cause I think it will create a much bet- the authority of heads of executive depart- for reform I think began even prior to ter framework for understanding where ments to manage and remain accountable for September 11. we are successful and where we need to the performance of their departments. I think the impetus for change in our continue to improve our intelligence October 4, 2004—Debate on Warner ‘‘Preser- intelligence organization begins with gathering. Not every objective, not vation of Authority’’ amendment ends with the fall of the Iron Curtain, the end of no agreement. Modified language jointly every goal, will be attained in the next drafted by White House and Senator Warner the Cold War, the disintegration of the year or the next 2 years. But this orga- is rejected. Amendment is withdrawn. Soviet Union, and the emergence of nizational structure, the rules for in- October 6, 2004—S. 2845 is passed by the terrorism—now the greatest national telligence sharing, this budget process, Senate, but without a section on ‘‘Preserva- security threat that faces America and all will make our intelligence organization of Authority.’’ Senator Warner voices our allies—and concerns over the pro- tion much more effective. support for the overall legislation but cites liferation of weapons technology to A lot of concerns have been raised continuing concerns, including the lack of a terrorists around the world. That was about the legislation. A lot of people ‘‘Preservation of Authority’’ clause, and in- obviously brought to the forefront with dicates his intent to try to resolve these con- point out the obvious—that it is not a cerns during the conference process. the attacks of September 11. But the perfect piece of legislation. I don’t October 10, 2004—H.R. 10 is passed by the fact that we have a new set of threats think anyone has ever come to the House. and a new set of risks to American se- floor of the Senate or the House of Rep- October 16, 2004—Conference begins. curity is what calls on us to review the resentatives claiming they had finally October 18, 2004—Director, OMB, and Na- structure of our intelligence agencies written the perfect piece of legislation. tional Security Advisor send joint letter to and to make the recommendations for But a lot of those criticisms as well are conference chairmen expressing administra- change that are embodied in this bill. on a weak foundation; concerns, for ex- tion views on conference issues, including With this legislation, we will im- ample, about the process, the speed and urging conferees to include section 6 of the prove the budget process for intel- original administration proposal on ‘‘Preser- the timing with which this legislation vation of Authority,’’ and indicate this sec- ligence agencies by giving more power was written. tion is one of President Bush’s three core and authority to the Director of Na- The suggestion was made earlier last principles for the bill. tional Intelligence, the DNI. The DNI month that the Senate had rushed October 20–November 19, 2004—Conferees will coordinate where the funds and re- through this piece of legislation, that exchange approximately 12 offers and sources should be allocated among the we moved it through too quickly, that counteroffers on ‘‘Preservation of Author- 15 various agencies that have responsi- there was not enough time taken for ity’’ language. bility for intelligence gathering in the deliberations and hearings. I think of November 20, 2004—Conference managers United States and around the globe. propose final language. Chairman Hunter in- all the criticisms, that is probably the dicates his objection to the language believ- We reform the standard of account- weakest I have heard. ing it would potentially insert the DNI into ability by having an independent Di- The Chair well knows through a the chain of command. Senate conferees ap- rector of National Intelligence. I think number of hearings we collected infor- prove draft conference report 13–2. House there is, to borrow a phrase from the mation—not just from the September conferees defer action on conference report. previous speaker, a clearer chain of 11 Commission and all the work they November 21, 2004—House and Senate ad- command for responsibility and ac- did on these issues, not just from the journ without taking action on the con- countability in setting priorities and families of those who were lost on Sep- ference report. setting goals for the President of the November 22–December 5, 2004—consulta- tember 11, but from intelligence-gath- tions between Chairman Hunter, Chairman United States and all of those in the ering organizations, from the FBI, Warner, Vice President Cheney, several con- Government who rely on our intel- from local law enforcement, informa- ferees, and General Richard B. Myers, Chair- ligence-gathering operation. tion that was critical to developing man of the Joint Chiefs of Staff, on appro- We reform the process of coordi- legislation before the Senate today. priate language to ensure the integrity of nating between these 15 agencies. We The criticism of the process that the chain of command. have a new counterterrorism Center somehow the conference between the December 6, 2004—Agreement is reached that will be the central focus for gath- House and Senate was done in secret is between administration, conference man- ering information threats from law en- simply without foundation. The con- agers, Chairman Hunter, and other concerned Members of Congress, on revised forcement and intelligence agencies ference negotiations were extremely ‘‘Preservation of Authority’’ language that around the country. inclusive. In many ways I argue they directs the President to issue guidelines for We now have a much better under- were inclusive because they included implementation that, ‘‘shall respect and not standing of the degree with which crit- me. When the conference negotiations

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12007 and the discussion about the final leg- The PRESIDING OFFICER (Mr. legislation was declared dead on nu- islative language is inclusive enough to SUNUNU). The Senator from Maine. merous occasions. It was through their make available a role for the 95th most Ms. COLLINS. Mr. President, let me tenacity, hard work, and willingness to senior Member of the Senate, it is a make a brief comment in response to compromise that we now have perhaps pretty inclusive process. There were the recent discussion on the chain of one of the most significant and impor- Democrats in the room at the most command language. tant reorganizations of the Federal sensitive times as well as Republicans. First, I am very pleased we were able Government certainly since 1947 when It was bipartisan discussion and nego- to reach agreement with the chairman we created the Department of Defense. tiation. of the House and Senate Armed Serv- It is all very good news. No one could Obviously, not everyone got every- ices Committee on this language. Since describe it better than my two col- thing they wanted in the final bill. I did not see the documents that the leagues who point out this is a law that When the process is criticized for being chairman put into the RECORD, I state has to be translated into action. We exclusive or it was rushed, that criti- very clearly for the record that noth- have to change the reorganization of cism is most often made by someone ing in the final language in this bill in the boxes, but we also have to change who just did not quite get everything any way weakened the authority of the the culture, a culture that led the they wanted in the bill. new National Intelligence Director. President of the United States to pro- There is a criticism that we should In fact, the Director of National In- ceed to war on the assumption that have included more immigration or law telligence will have significant budg- Saddam Hussein had weapons of mass enforcement provisions. This bill does etary and other authorities and that destruction, which apparently he did deal with immigration in a direct and makes sense. We do not want to create not; an assumption that caused our substantive way: increasing customs just another layer of bureaucracy. We Secretary of State to testify before the agents and beds for detainees; better do not want to create a figurehead. We U.N. Security Council that Saddam information sharing that will make a want to empower this individual with Hussein was amassing weapons of mass huge difference for the INS and for oth- the authority to be able to marshal the destruction, an assumption that, unfor- ers engaged in securing our borders. resources to counter the very serious tunately, misled other intelligence But it does not have every provision threats we face both today and in the agencies throughout the world, not recommended by the House of Rep- future. only that of the United States of Amer- resentatives, so it should come as no In my judgment, nothing in this bill ica. But, as always, America leads. So surprise we will deal with many of has ever hindered military operations I applaud their outstanding work. As these issues, perhaps with a more com- or readiness, but I am pleased we were they said, this is the beginning of a be- prehensive immigration reform bill, in able to draft some additional language ginning, but it is an important begin- the next session of Congress. that has provided some comfort to ning. Without this legislation, I do not What is in the bill improves the sta- those who were concerned. believe we could make significant tus quo, improves the current situa- All Members have our first priority progress. tion. That is something for which we to the brave men and women who are I would like to thank the families of can all be pleased. fighting on the front lines of freedom. 9/11 who have steadfastly supported We have a lot of work to do on over- That is why this bill was very carefully this legislation. Without their support, sight in the coming session. We have a drafted to keep tactical and joint mili- it would still be sitting at the desk as lot of work to do to make sure this leg- tary intelligence programs under the it was the day Senator LIEBERMAN and islation does what we intended it to do. exclusive control of the Pentagon but I proposed it. I think their work is not But it is an outstanding effort. I com- to make sure those national assets over as well, because one of the failures mend the work of the chairman and the which serve multiple customers—in- of this body has been a total lack of ranking member on the Governmental cluding the President’s National Secu- congressional oversight reorganization. Affairs Committee as well as the House rity Council, our covert agents in the Still, there are numerous committees conferees. CIA, as well as our military—to ensure of congressional oversight. There has The PRESIDING OFFICER. The Sen- that those assets are controlled by the been no coordination, there has been ator’s time has expired. Director of National Intelligence just no consolidation, and in the words of The Senator from Connecticut. as today they are controlled by the Di- my friend, John Lehman, a member of Mr. LIEBERMAN. Madam President, rector of the CIA in his role as head of the 9/11 Commission, in his words: The I thank the Chair. Senator MCCAIN is the intelligence community. old bulls are more interested in pro- on the way. I am told by those who have worked tecting their turf in Congress than While Senator SNOWE is in the Cham- entire careers with the CIA that the they are in national security. ber and is the Presiding Officer, I Department of Defense has always been That is a tough indictment, but I thank the Senator from New Hamp- very happy with the relationship that think it is true; there is no meaningful shire for the extraordinary contribu- allows a priorities committee to work congressional oversight because of our tions he made to this bill and to the out and resolve any conflicts in the use failure to implement even the most conference both on what used to be the of these national assets. Certainly, this modest reforms of congressional over- Governmental Affairs Committee—I language and this bill as a whole, the sight, with the exception of permanent suppose it still is—and now the Home- reorganization as a whole, will improve membership on the Intelligence Com- land Security and Governmental Af- the quality of intelligence that is pro- mittee. fairs Committee, particularly on the vided to our troops, as well as making I want to point out and just talk for conference. civilians at home safer. That is our a minute about what has caused the Senator SUNUNU was an extraor- goal. That is what this legislation holdup here the last month or so; that dinarily important member, very achieves. is, the immigration issues. steadfast in support of genuine reform, Mr. President, the Senator from Ari- First, I always believed this legisla- and very skillful as a legislator, both zona has arrived. He has been a stal- tion was about reorganization of our within the Senate conference and with- wart proponent of reform. He has intelligence capabilities and not about out, on the occasional missions on worked very closely with Senator LIE- immigration. I think I can state with which he would be dispatched to the BERMAN and me. I am very grateful for some confidence that the issue of ille- other body where, I gather from the his leadership and support. gal immigration is one of over- record, he previously served and still The PRESIDING OFFICER. The Sen- whelming importance. has some people listen to him when he ator from Arizona. My State has been devastated in a goes over there. The Senator from New Mr. MCCAIN. Mr. President, I came broad variety of ways by the effects of Hampshire should feel the great pride here to applaud the enormous efforts of illegal immigration, ranging from peo- and gratitude of the Senator from my two colleagues, Senator COLLINS ple dying in the desert, to over- Maine and this Senator for all he con- and Senator LIEBERMAN. This has been whelming our health care facilities, to tributed to this historical decision. a task that has been, in the view of shootouts on our freeways, to other I yield to Senator COLLINS. many, insurmountable. This piece of terrible things that are happening all

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12008 CONGRESSIONAL RECORD — SENATE December 8, 2004 across the State of Arizona. We passed the subject that there ought to be an countries, which is the ultimate hope a ballot initiative this last election independent, nonpartisan investigation for a secure future. which, although I opposed, was cer- of how this outrageous attack on the So I thank the Senator from Arizona tainly an expression of the frustration United States by Islamist terrorists for his kind words, and I return them that the people of my State feel. But I could have happened and what we can to him. I hope it does not hurt his rep- would also point out, if anyone believes do to make sure, to the best of our utation, but in addition to being a that simply strengthening our borders God-given ability, it never happens straight talker, he is a great doer as is the answer to our Nation’s illegal again. well. immigration problem, they do not un- We put the bill together in a commis- Mr. President, as the Senate stands derstand the problem. sion. We had opposition. Every step poised now to adopt this 9/11 Commis- Fifteen years ago, we declared a war was tough, but ultimately it was sion recommendation bill, I believe we on drugs, and we decided we would stop adopted and filled brilliantly by a are at the brink of a turning point in the flow of drugs across our borders group of citizens. Both parties rose to our governmental history. It reflects which was poisoning the bodies and the occasion and presented a report the turning point that occurred, trag- minds of our young Americans. The that was a scathing indictment of the ically, outrageously, on September 11, fact is, the cost of an ounce of cocaine status quo, an intelligence community when we were attacked by 19 Islamist on the street in Phoenix today is less without anybody in charge, where peo- terrorists who, as someone else has expensive than it was 15 years ago. ple with information in the FBI, CIA, said, hated us more than they loved Why? Because there was a demand, and and other agencies were not sharing it their own lives, and so they killed where there is a demand, there is going with each other, and the gnawing con- themselves to express that hatred and to be a supply. clusion that if the intelligence commu- took with them 3,000 innocent Ameri- There is a demand for workers for nity had been better organized and the cans. jobs that Americans will not do. What dots had been connected, we could have With this vote, we in Congress are we have to have is comprehensive im- prevented September 11 from hap- saying that one era in our history, in migration reform that certainly entails pening. our national security history, has strengthening our borders, increasing JOHN MCCAIN and I welcomed that re- ended and another one has begun when Border Patrol, and having better laws port which came out at the end of July. we search for better and different ways and better enforcement. We began to work together to draft to protect ourselves from our sworn en- The issue of driver’s licenses has to into legislation all of the recommenda- emies. We are changing from one na- be discussed and debated because we tions of the 9/11 Commission. He was tional security strategy to another, are heading down—in a little straight persistent in driving to put those out from a Cold-War strategy to a strategy talk—we are heading down a path to- there. His staff and mine worked very fit to bring us to victory in a war ward a national ID card. I think that is hard. We did so right after Labor Day. against terrorism. something we ought to discuss and de- I am pleased to say, once again, as a re- Our purpose in this legislation all bate at some length before we take sult of the persistence and patriotism along, from its drafting through its that step as a necessary one, if it is, in of the Senator from Arizona, most of hearings, through the extensive nego- the war on terrorism. the contents of that original legisla- tiations and now with its passage, was So we have to have a comprehensive tion are in this conference report. Not to advance a new vision of how to pro- approach to immigration reform, and I just the establishment of the Director tect the American people in an unfor- hope that will be a top priority agenda of National Intelligence and the coun- tunately new world with different dan- item. terterrorism Center but a remarkable gers, where our enemies don’t distin- I say again that I am committed, and host of constructive and progressive guish between soldiers and citizens or I know the President of the United recommendations from the 9/11 Com- foreign and domestic military targets. States is committed, to overall, commission, which, frankly, most of the The brilliant work of the 9/11 Commis- prehensive immigration reform. I look country does not even know about yet, sion informed us that a lack of what forward to working with my friends on which I believe and have confidence they called the unity of effort, strong the other side of the aisle. This has to they will feel good about as they find leadership, accountable leadership, al- be a bipartisan issue, but it must be ad- out about them because they go not lowed good intelligence to slip through dressed because we can never assure just to transportation security, not our grasp, enabling the terrorists of the American people that they are safe just for aviation, but for all modes, for September 11 to evade our defenses. from terrorists if our borders are pene- border security, civil liberties, and pri- I have said before and I will say it trated, as they are today, by people vacy. again—it is a homely analogy or meta- who can easily come across illegally. In an age of terrorism, when the Gov- phor—the American intelligence com- But, overall, we also owe it to all men ernment will have to be more actively munity today is like a very good foot- and women who live and work in this involved in our lives, we want to pro- ball team with great players but no Nation to have certain protections. tect the freedom that defines us as quarterback. This bipartisan proposal I look forward to working with my Americans. we are about to vote on will create a colleagues, and, again, my congratula- There is a very progressive, far- quarterback, a strong quarterback. It tions to them. sighted section which says ultimately will upend the status quo which failed Mr. President, I yield the floor. we are going to do everything we can, us on September 11 and on other occa- The PRESIDING OFFICER. The Sen- hopefully with the assistance of a sions in our recent history by reorga- ator from Connecticut. greatly improved and organized intel- nizing many of our intelligence agen- Mr. LIEBERMAN. Mr. President, I ligence community—and do everything cies to create a unified command and thank my friend, the Senator from Ari- we can to capture and kill the terror- control structure so that one person, zona, for his kind words. I was just ists themselves—but ultimately we are the new Director of National Intel- thinking, as I was listening to Senator going to win this war on terrorism by ligence, will be in charge and account- MCCAIN, he is known as a straight talk- draining the swamps of poverty and able for the Nation’s intelligence oper- er, but he is also a great doer. When he tyranny and totalitarianism in which ations. sees something that is wrong, and no- the terrorism has grown. We rec- When somebody asks in the future, body is doing anything about it, you ommend and now put, with the force of ‘‘Who is in charge?’’ the question will are just not going to stop him until he law, aggressive steps for outreach to not be met with the same blank stares gets it right. When he sees a need that the Muslim world. We call for eco- and nonanswers that greeted the 9/11 is unmet, you are just not going to stop nomic development in the Muslim Commission when they asked that him until he figures out how to con- world, for the extension of freedom’s question. The answer will be, ‘‘the DNI vince our Government to meet it. range in the Muslim world, for the in- is in charge,’’ the Director of National In this case, within a month after crease of exchange programs—students, Intelligence, is in charge and respon- September 11, 2001, JOHN MCCAIN and I faculties, others—between the United sible. That, we are confident, will make were together somewhere and he raised States and predominantly Muslim this Nation and its people safer.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12009 The urgency of our times has de- reform our intelligence structure to 9/11 Commission life and to add many manded prompt action, but it has not allow us to better fight the war against key elements to the Senate bill, many been so prompt as to negate thoughtful terrorism and to counter future secu- of which are in this legislation, all of consideration of just about every sen- rity threats. We will be taking a struc- which work toward the implementa- tence and word in this conference re- ture that is characterized by stove- tion of those 9/11 Commission rec- port; prompt because we are, after all, pipes, by a lack of sharing of informa- ommendations. Senator WARNER and a nation at war. A war like none other tion, that was so indicated in the 9/11 Senator STEVENS both labored to make we have ever fought, a war in which we Commission Report as being a major sure we got the intelligence support to must maximize our resources, begin cause of intelligence failures. The 9/11 the military right, to make sure we did anew to meet our enemy and defeat Commission, over and over again, de- this in the correct way. JON KYL, part them and find better ways to utilize scribed the good people in our Govern- of our leadership team, worked hard on the enormously capable human intel- ment straining against structures that issues. I thank PAT ROBERTS for his ligence assets we have and the extraor- did not allow them to communicate ef- diligent and persistent efforts. A whole dinary technological assets we have as fectively vital information; thus, no host of Members on both sides of the well to transform our ability to defend one assembled the pieces of the puzzle aisle have participated. ourselves. that might have allowed us to detect I want to mention DENNY HASTERT, It never hurts to quote Sun Tzu, the the hijackers’ plot against our country. who played a critical role in bringing classic Chinese strategist of war, who We have reorganized the intelligence this legislation to fruition, which played out before the American people said: agencies into a new structure where over the last several weeks. We would one person clearly will be accountable If you know yourself but not the enemy, not be here right now without the unfor every victory gained you will also suffer and responsible. The new Director of flagging leadership of President Bush a defeat. If you know neither the enemy nor National Intelligence will be able to to fight the war on terror and to meet yourself, you will succumb in every battle marshall the resources we need to . . . but if you know the enemy and know the greatest challenge of our time. His counter the threat to our citizens. We commitment has been steady. It has in- yourself, you need not fear the result of a have a National Counterterrorism Cen- hundred battles. volved direct participation. He made it ter, a National Counterproliferation clear to me from day one that it is his The American people know them- Center designed to bring together ana- selves. We know our strengths. We highest priority to make America lysts from all the agencies so they can safer. know our purpose. We know our prin- pool their talents, analyze the intel- ciples. As a result of this bill, I am con- This bill moves America into a posi- ligence, and produce better informed tion where we can say—once he signs fident we will better know our enemy reports. and, therefore, have much less cause the bill—that America will be safer. This legislation will help make Lastly, I thank the 9/11 families, for fear. America more secure, and that is what without whom much of the momentum I want to say a final word about the this entire debate is all about. As my simply would not have been there to families, the survivors of September 11, colleague, Senator LIEBERMAN, has elo- see this bill all the way through. They because they truly were our inspiration quently stated: The status quo failed inspired us, they turned their personal throughout this journey to reform. us. Our bill may not be perfect. As the tragedies into action, and it is mani- They insisted on the creation of a 9/11 Presiding Officer indicated, no bill is. fested in the bill. commission and they insisted that its But it represents an enormous im- In the 3 years since the 9/11 attacks, recommendations be acted upon by provement over the status quo. we learned a lot about our Nation’s Congress and supported by the Presi- We cannot turn away from the intel- vulnerabilities, our strengths, and the dent. That is exactly what has hap- ligence failures that have cost the lives steps that we must take, many of pened, across party lines, across Cham- of thousands of American citizens. We which we are taking today in this bill. bers, the executive branch and legisla- have to act. I am very proud that the The bill will certainly make our Nation tive branch, working together. This is Senate today will approve historic leg- safer. Much more needs to be done, and an accomplishment which everyone islation that will make our country we all recognize that; but this is a here involved, and those involved at more secure. major leap forward. the White House, can celebrate. But ul- Mr. President, I know Senator FRIST As I said earlier, strengthening timately it is a victory for the Amer- plans to come down and speak right be- America at home and abroad, moving ican people and particularly for these fore the vote, and he has arrived on America forward in the pursuit of free- survivors of 9/11. Their self-sacrificing cue. I do want to take this opportunity dom and prosperity, and protecting the courage brings us to this historic mo- to request the yeas and nays. American people in our homeland have ment of reform. The PRESIDING OFFICER. Is there a been the driving motivations of the I said before, the American people sufficient second? 108th Congress, and they are captured know themselves. If you want to know There appears to be a sufficient sec- in this bill. the American people, meet the families ond. Mr. President, I believe we are ready and friends of those we lost on Sep- The yeas and nays were ordered. to proceed to a vote. At this juncture, tember 11. They represent the best of Ms. COLLINS. I thank all of my col- I will yield back all time. our country. They reflect our strength, leagues for their help and support. The PRESIDING OFFICER. All time our resilience, our values, our patriot- Mr. FRIST. Mr. President, as we apis yielded back. The question is on agreeing to the conference report to ac- ism, our sense of purpose, our commit- proach this truly historic vote, I want company S. 2845, the Intelligence Re- ment and optimism. No matter what to once again thank those who have la- form and Terrorism Prevention Act of the obstacles, America and the Amer- bored so hard to get to this point over 2004. ican people will go on and will prevail. the last days, weeks, and literally The yeas and nays have been ordered. We will prevail because we represent a months. The clerk will call the roll. cause, the cause of freedom, the cause Senators COLLINS and LIEBERMAN, the The legislative clerk called the roll. of opportunity. I hope and pray the chair and ranking member, deserve our Mr. MCCONNELL. The following Sen- passage of this legislation will help the highest praise—we oftentimes say that, ators were necessarily absent, the Sen- families of 9/11 find some peace, as I am but I mean it literally—for their pro- ator from Missouri, Mr. BOND, the Sen- confident it will help all Americans fessionalism, dedication, persistence, ator from Colorado, Mr. CAMPBELL, the find cause for greater confidence in our and bipartisanship, which is something Senator from Utah, Mr. HATCH, the Nation’s future security. that we stressed up front from day one, Senator from Mississippi, Mr. LOTT, I thank the Chair and yield the floor. when Senator DASCHLE and I first the Senator from Oklahoma, Mr. NICK- The PRESIDING OFFICER. The Sen- talked after the 9/11 Commission rec- LES, and the Senator from Oregon, Mr. ator from Maine. ommendations came. It has been there SMITH. Ms. COLLINS. Mr. President, we are throughout. I say thank you. Further, if present and voting, the on the verge of voting on historic legis- JOHN MCCAIN also stands out as Senator from Utah, Mr. HATCH, would lation, landmark legislation that will someone who endeavored to give the have voted ‘‘yea.’’

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12010 CONGRESSIONAL RECORD — SENATE December 8, 2004 Mr. REID. I announce that the Sen- I visited such a school last week in Before I yield the floor, Mr. Presi- ator from Iowa (Mr. HARKIN), the Sen- Tallahassee, FL. It is a school that is dent, I see the Senator from Montana ator from South Carolina (Mr. HOL- state of the art in all of the electronic has just come in. Just so I may inform LINGS), and the Senator from Hawaii provisions but yet, as part of the him, I have just given this Senator’s (Mr. INOUYE) are necessarily absent. school system of that county, Leon impassioned plea for the E-Rate Pro- I further announce that, if present County, is able to afford it because vir- gram and why we need to pass this bill and voting, the Senator from Iowa (Mr. tually all of their schools do have the tonight. I have laid out the reasons, HARKIN) would vote ‘‘aye.’’ Internet provided. This particular and I want the Senator from Montana The PRESIDING OFFICER (Mr. school, Roberts Elementary, in a rural to know a specific example of a school COLEMAN). Are there any other Sen- section outside of Tallahassee in Leon I visited last Friday, Roberts Elemen- ators in the Chamber desiring to vote? County, has a diverse student popu- tary in Tallahassee, FL. The result was announced—yeas 89, lation. It spans the socioeconomic The Senator well knows not only uni- nays 2, as follows: spectrum and, indeed, there are a num- versal service and the importance of [Rollcall Vote No. 216 Leg.] ber of students at this school who, if universal service to the rural areas of YEAS—89 they did not have Internet experience his State, as I do with mine—no matter Akaka Dodd Lugar at school, would not have the oppor- how long the lines are that have to be Alexander Dole McCain tunity to learn how to use the Internet run out there—but that in that Uni- Allard Domenici McConnell and have available to them the services versal Service Program is this funding Allen Dorgan Mikulski on the Internet. mechanism for providing Internet serv- Baucus Durbin Miller The long and short of it is we would Bayh Edwards Murkowski ice to schools and libraries. Bennett Ensign Murray be depriving, because of socioeconomic The final point I wish to make for Biden Enzi Nelson (FL) status, a significant part of our student Bingaman Feingold the Senator, who missed my remarks Nelson (NE) population an equal opportunity to an earlier, is that this is so important be- Boxer Feinstein Pryor Breaux Fitzgerald education, and that is a standard we all Reed cause there are many students whose Brownback Frist hold up as something that is worth- Reid families cannot afford Internet at Bunning Graham (FL) Roberts while to strive for. Burns Graham (SC) home, and, therefore, their only experi- Rockefeller It all comes down to tonight. The E- Cantwell Grassley ence of this is going to be getting it at Santorum Rate Program is going to stop, not be- Carper Gregg school. That was clearly evident to me Chafee Hagel Sarbanes cause there is any diabolical movement Schumer at Roberts Elementary in Tallahassee, Chambliss Hutchison here to take it away, because there cer- Sessions Clinton Jeffords tainly is not—it is widely acclaimed FL. Cochran Johnson Shelby It is my hope that now with the mel- Snowe and widely popular—but because of a Coleman Kennedy lifluous and golden tones coming forth Collins Kerry Specter new accounting glitch in one of our from the Senator from Montana, that Conrad Kohl Stabenow agencies. I won’t go into the details of Cornyn Kyl Stevens he would bring us some good news Corzine Landrieu Sununu this new method of accounting. It is, in essence, saying you are going to have about the negotiations of passing this Craig Lautenberg Talent bill tonight. Crapo Leahy Thomas to take away the fund that would sup- Mr. President, I yield the floor. Daschle Levin Voinovich ply the Internet to schools at a reduced Dayton Lieberman Warner The PRESIDING OFFICER. The Sen- rate. The alternative to that is—and DeWine Lincoln Wyden ator from Montana. this is not a very palatable alter- Mr. BURNS. I appreciate what Sen- NAYS—2 native—that telephone rates for the ator NELSON had to say, also, on this Byrd Inhofe Universal Service Program are going to legislation. This Congress should not NOT VOTING—9 go up to provide this money to congo sine die without passing these three tinue to provide Internet service to Bond Hatch Lott pieces of legislation. All three of them Campbell Hollings Nickles schools and libraries. Harkin Inouye Smith It can all be taken care of so easily— are very important. In fact, I would say The conference report was agreed to. and I do not know of any disagreement the E–911, the enhanced 911 bill, is Mr. DASCHLE. Mr. President, I sug- on the substance of the issue—if we probably the most glaring public safety gest the absence of a quorum. pass this bill tonight. It is my under- legislation we have worked on in many The PRESIDING OFFICER. The standing there are a couple of Senators years. One would think this legislation clerk will call the roll. who have a hold on this for completely that says we are going to take the The legislative clerk proceeded to different reasons unrelated to any of money that is collected and it has to be call the roll. this subject matter. There are discus- spent in our PSAPS—in other words, Mr. NELSON of Florida. Mr. Presi- sions going on in this U.S. Capitol our communications centers—to up- dent, I ask unanimous consent that the Building right now over the lifting of grade their technology, so that when a order for the quorum call be rescinded. those objections so at the last few min- 9–1–1 call comes in from a cell phone we The PRESIDING OFFICER (Mr. utes, the clock is showing, of this ses- can locate the caller. We have that in COLEMAN). Without objection, it is so sion of the Senate, we can take up the wired lines, but we do not have it so ordered. House bill and pass it. That is all we much in wireless phones. I think it is f have to do and do it by unanimous con- time that we do that. This is a great piece of public safety E-RATE PROGRAM sent with no objections. If we do not do this tonight, then we legislation, and we have been working Mr. NELSON of Florida. Mr. Presi- are going to have to come back and go on it for about 4 years. One would dent, as we are awaiting the final mo- through the whole process again—pass think that would be a no-brainer. It ments of this session of Congress, there it in the House, pass it in the Senate— took us long enough to pass legislation are deliberations going on in the Cap- and in the meantime have schools such to make a 9–1–1 call go into the nearest itol about an agreement to come forth as Roberts Elementary in Tallahassee, first responder. It used to be if one was with legislation—my understanding, FL, be concerned whether they are out of their home territory and their already passed by the House—that will going to have an e-rate, at the same phone was in roam, they could dial 9–1– allow Internet service to be provided to time threatening telephone subscribers 1 and they were apt to get the 600 Cafe schools and libraries. This is the very by thinking their bills are going to go in Miles City, MT. That does not do popular and widely acclaimed E-Rate up in order to pay for this worthwhile one a lot of good when they are on the Program that had been set up back in program, and none of that is necessary. outskirts of Tallahassee, FL. It did not the nineties. The idea was that we I call on cooler heads to prevail and know where to go, and now it does. lower the cost of providing Internet to allow this program that is so necessary So we think this is very important schools and libraries so that students for the education of so many of our legislation. The E–911 caucus was es- who would not otherwise have an op- children to achieve that objective we tablished by folks who work in public portunity of experience on the Internet all embrace, which is an equal oppor- safety and public communications would be able to get it at school. tunity for an education for all children. every day. We keep hearing what we

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12011 should be doing about our communica- a signal. We talk about bandwidth, that objection will be lifted and that tions systems in our cities, but how bytes, megabytes, gigabytes. We talk we will be able tonight to pass this leg- does a fire department communicate about this ability to move information, islation that is so needed? with the police department, with the no matter what it is, at the speed of Mr. BURNS. I tell my good friend highway patrol, and with the Federal light through fiberoptics and even our from Florida that negotiations are cur- agencies? Well, not very good. We have new wireless technologies. rently underway. the technology there for them to do it, What do they say? We have to have Mr. NELSON of Florida. Very good. and folks want to do it. The only thing spectrum. Even in my State of Mon- Mr. BURNS. We are talking. I think we lack is the funds. tana, we can now take the computers we are going to get this resolved. This says take those funds that are that we see used by the clerk in this Mr. NELSON of Florida. Then, I say collected—when we all pay our phone body, and with a little card in there, to the Senator, Godspeed. bill, there is a little checkoff there get on the Internet driving down the Mr. BURNS. I want to say something. around 50 cents that goes to emergency highway. It is not the fastest right The Senator from Florida has been telephone technologies. Well, guess now. It is around 56K, but these are the working with my cochair. The cochair what. We sent the money to the States. first steps to broadband wireless serv- on the Internet caucus is Senator CLIN- The States balanced their budgets, but ices that will be deployed in areas TON from New York. I will tell the Sen- they did not spend the money upgrad- where it is very expensive to string a ator, the Senator from New York has ing their communications centers. We line. just been an absolute champion on this think that is just terrible. That is why All three of these issues are wrapped because she understands upstate New this legislation needs passing. There is together in this package that should be York and she understands her rural no objection to it. It has passed this passed, and there is no issue that is im- areas. She doesn’t just understand body. It has passed the House of Rep- portant enough that can even stand up downtown New York. That might be resentatives. to the importance of these issues at the the political base but, nonetheless, Now, for those who do not think they closing of or the eleventh hour of this when she was elected as a Senator she have a dog in this fight and they live in Congress. Not one I can think of. And all at once realized, and came to me a rural area, take a look at another it is needed. and said: I have a rural area that I part of it, which is the Universal Serv- Enhanced 911 services—we have al- have to serve. ice and Anti-Deficiency Act exemption. ready gone over that. She has been very diligent. She has This money was collected in universal Mr. NELSON of Florida. Will the worked very hard, especially on the service for a specific purpose, and it Senator yield? other side of the aisle. should be used for a specific purpose. It Mr. BURNS. I will yield. I appreciate the contribution of the is very simple to do the right thing and Mr. NELSON of Florida. I commend Senator from Florida, and I thank Sen- do it right now. What has happened is the Senator for his leadership on this ator CLINTON for her cosponsorship and they have found some abuse, a little issue. Just to back up, about what the her work, as well as many other col- fraud, so across the country they shut Senator was saying, I have a letter to leagues who have worked with me— down making their payments to every the leadership of both the House and Senator LOTT, Senator FRIST, Senator school and library on the E-rate. It af- Senate signed by 34 Senators, bipar- SUNUNU, and many others who worked fects over 70 cities and schools in my tisan, pleading that we pass these to improve this legislation. They, too, State alone. items. place it very high on the priority list of I come from Montana, and in eastern So I ask the Senator, with this kind items that should be passed before we Montana we have a lot of dirt between of broad support—there is really no op- go home. The cochairs of the E–911 cau- light bulbs. It is expensive trying to position to the substance of this—what cus, Representative SHIMKUS and Rep- bring the new technologies to smaller is holding it up, and what are the pros- resentative ESHOO in the House, who schools to upgrade their technologies pects in these final few minutes of this have been tireless advocates, along to take advantage of distance learning. session of Congress that we are going with Representative CHIP PICKERING Sometimes it is telemedicine. We know to be able to disgorge this tonight? and many other Representatives—JOE that we have an aging population, a Mr. BURNS. I say to the Senator, I BARTON has been a champion on this rural population. They are getting don’t know exactly what is going on. issue. We have been working on E–911 older every day. We have to administer We know some of the things, but I do issues for many years now, and we all our health care in a different way. This not think that is material here. I am agree this is a good product and the also affects that. just pleading that it gets done. Let’s final product we can have this year. Again, for this body and this Con- look at the importance of this and our Mr. President, E–911 services are gress, this is an absolute no-brainer. I priorities and let’s finish our work and about as clear an example as you can realize that these are not issues that go home. To my knowledge, there is get of Congress acting in the public in- are great, sexy issues that one will find not anything any more important than terest and in the interest of public above the fold in their newspaper, but that we finish this, for the simple rea- safety as we could possibly have. If this is very important at the commu- son we have schools and libraries now someone dials 9–1–1 from a cell phone, nity level and to the folks who have that are receiving no payments. There that person’s location should be trans- kids in schools in rural areas. It is im- are no payments until we pass this leg- mitted to a public safety answering portant to the infrastructure from islation. With the support of the ad- point so the police, fire, or rescue first which they learn and receive goods, ministration we should be moving this responders can know exactly not only and most of all health care. legislation. what to do—they already know what to Also, the spectrum relocation bill is There are some who think it should do—and where to go. How do we find in here, too—again, a no-brainer. What be an appropriated account. It was this dialer of 9–1–1? do we want? What do we hear from our never in an appropriated account. This When we first started to look at first responders? We need spectrum. We money was not collected as taxes. It emergency services, we found out that need emergency spectrum. We need was collected for a particular purpose. 9–1–1 was not the national norm for an that spectrum so that we can deploy So I say, they signed the letter. My emergency number. We found many new technologies as broadband. colleague from Florida is exactly right, numbers, in many different areas. Basi- Years ago, we used to hear a signal and the Senators who signed the letter cally, what we did was we nationalized and we knew it was either television, a are exactly right. 9–1–1. We said no matter where you are picture, a voice, or data. We could dif- Mr. NELSON of Florida. Will the and what your circumstances are, 9–1– ferentiate from the signal what it was. Senator further yield for a question? 1 will be the national emergency num- We are in a different kind of a world Mr. BURNS. I am happy to yield. ber. So when we take a look at this, now. It does not make any difference if Mr. NELSON of Florida. Mr. Presi- this technology will save lives. It is al- it is data, audio, video, whatever. It is dent, I thank the Senator. I ask the ready saving lives. E–911 services are all ones and zeros. It is all digital. So Senator regarding the objection that is already being rolled out in this coun- now we do not talk about what kind of being raised, what is the chance that try, and this bill authorizes some more

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12012 CONGRESSIONAL RECORD — SENATE December 8, 2004 money, about $250 a year for 5 years in I know many Americans would be allow ourselves to be distracted or our matching grants made to appropriate shocked to learn that the 19 9/11 hijack- attention to be diverted from these entities so that progress will occur ers had a total of 63 validly-issued U.S. critical issues. No, Mr. President, bor- more rapidly in the next phase of im- driver’s licenses. Because of this as- der security is not anti-immigrant. As plementation of those two tech- tounding fact, the 9/11 Commission rec- Speaker HASTERT has said: nologies. ommended, on page 390: Immigrants to America are as victimized So I ask my colleagues to not only The federal government should set stand- by terrorists as American citizens. help us but to take these three essen- ards for the issuance of birth certificates and I hope we will work promptly next tial parts of this piece of legislation sources of identification, such as driver’s li- year to carefully reconsider the en- and pass it, and let’s send it to the censes. Fraud in identification documents is forcement measures included in the President for his signature. I think no longer just a problem of theft. House bill that are not included in to- that is about the best Christmas gift The Commissioners aptly pointed out day’s conference report. we could give to people who rely on that ‘‘For terrorists, travel documents Let me mention some of those provi- emergency services. [can be just] as important as weapons.’’ sions in the bill that was passed by the f I am pleased the conference report House but which are not included in that we have voted on today and passed RETIREMENT OF BOB GRAHAM the conference agreement that we have overwhelmingly includes some needed passed. Mr. BURNS. Mr. President, I appre- enforcement measures. But, as I say, I No. 1, the House required, but this ciate the good works of my good friend do not believe we should stop there. I bill does not include, a requirement from Florida. I see both Florida Sen- strongly believe that issuing driver’s that applicants for driver’s licenses ators are in the Chamber. Of course, licenses to individuals who are not law- show proof of legal status in the United Senator GRAHAM is just about to close fully present in our country has the po- States. It does not contain the House out his career in this Senate, and he tential of posing a national security requirement that temporary licenses will be missed. He was one of my neigh- risk in a post-9/11 world. should include a requirement that a li- bors when I first came here some 16 The example I just mentioned about cense term should expire on the same years ago, when they were living just the 9/11 terrorists: It is well docu- date as a visa or other temporary law- not too far down the street. So I appre- mented that Mohamed Atta had a driv- ful presence authorizing document and ciate him and all the talents and the er’s license that was valid beyond the that the face of the card should show contributions he has made to this body date of the expiration of his visa. Inas- the expiration date. and to the country. much as he had been stopped for an or- This bill does not require, but we I hope he is successful in the Black dinary traffic violation, a lapsed driv- should require in future legislation, Angus business in Florida. He will be er’s license, if its lapse was concurrent that the Department of Homeland Se- going back to his beloved ranch and with the end of his visa, would perhaps curity certify that States have met probably do a little writing, get a little have raised a signal which would have minimum driver’s license issuance and philosophical. I know he has done that caused some additional questions to be document standards. at times. He can do it in an environ- answered. Of course, I do not want to This bill does not contain, but should ment that is befitting a retired Sen- speculate what the outcome of that contain, or at least future legislation ator. We appreciate him. would be, but it makes sense to me, should contain, provisions providing We do not say goodbye in our part of and I think it makes sense to most peo- for the electronic confirmation by the country. We just say so long. Our ple, that why in the world would you State motor vehicle departments of the trails will cross one of these days. issue a driver’s license to someone who validity of other States’ driver’s li- The PRESIDING OFFICER. The Sen- is not lawfully present or allow that censes and information. ator from New Jersey. driver’s license to extend beyond the This conference report does not con- I yield the floor, and I suggest the ab- date of their visa? tain but should contain and I hope fu- sence of a quorum. Driver’s licenses, after all, are used ture legislation will require that half The PRESIDING OFFICER (Mr. COR- for access to airplanes all across this of our new immigration investigators NYN). The clerk will call the roll. The bill clerk proceeded to call the Nation; therefore, invalid driver’s li- should focus on enforcing our existing roll. censes held by someone not lawfully immigration laws and requiring that Mr. CORNYN. Mr. President, I ask present, or perhaps even fraudulent each State receive at least three of the unanimous consent that the order for documentation, pose a potential ter- new State immigration investigators. the quorum call be rescinded. rorist threat. We know that documents We should also require limits on judi- The PRESIDING OFFICER (Mr. like a driver’s license also function as cial review of visa revocations. We BURNS). Without objection, it is so or- a breeder document that is used to ob- should make it more difficult for ter- dered. tain other official documents, blurring rorists and foreign criminals to win f the line between those who are in the delays of their removal from the United States legally and those who United States. We should explicitly re- INTELLIGENCE REFORM BILL AND are not lawfully present. Without quire verification of certain informa- COMPREHENSIVE IMMIGRATION strong standards for driver’s licenses, tion—such as identity, mother’s maid- REFORM we ignore the clear security threat of en name, or other information—for the Mr. CORNYN. Mr. President, I want fraudulent documents. issuance of birth certificates accepted to say a few words about what we have For all these reasons, I submit that by a Federal agency. And we should re- done here today in passing the intel- our work here is not yet finished until quire that the States adopt standard- ligence reform bill and say that I sup- we begin to address this potential ized practices for how they secure vital port this effort. It was a difficult but threat. records offices. necessary step to making America We are a nation of immigrants, but Mr. President, I believe that common safer. we are, at the same time, a nation of sense tells us that each of these provi- I do not believe we should fool our- laws, or at least we claim to be. But sions should be the law of the land, and selves to think we have actually fin- when America fails to enforce its own I regret they were not able to be in- ished the job. By that I mean I think laws, it becomes more and more dif- cluded in this legislation. But certainly some of the objections that had been ficult to claim, with a straight face, all that means is that our work is not made to this legislation or I should say that we are indeed a nation of laws. yet done, and we have much left to do. some of the proposals for additional We should have no qualms and make I support the measures in the House measures that were excluded from this no excuses to anyone about enforcing bill that I have mentioned that were bill, I believe, were well taken. Specifi- our laws in pursuit of our Nation’s se- not included in this conference report. cally, what I am talking about is some curity, and as the Commissioners of But the truth is, we need comprehen- of the security challenges relative to the 9/11 Commission pointed out, immi- sive immigration reform. I come from our immigration system, our broken gration reform goes hand in hand with a border State, one with a 1,200-mile immigration system. protecting our security. We should not border with Mexico, and we know that

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12013 Mexico’s back door is the front door to tunity to provide for their families, will enhance America’s border security Central America and beyond into what we need to do is account for ev- and homeland security by allowing law South America, and that many of our eryone who is here, why they are here, enforcement to focus on the true immigration challenges come from what their intentions are, and to make threats to America and those who in- south of the Texas border, which is, of sure that those who are a threat to our tend to do us real harm. course, an international border be- country are deported or not allowed to There are as many as 10 million indi- tween the United States and our neigh- come into our country in the first viduals already present in this country bor Mexico. It is well documented that place. illegally. Our homeland security de- we have approximately 10 million peo- In order to deal with this issue—both mands an accounting of the identity of ple who are illegally in this country our homeland security, our border se- these individuals and their reason for who have come from south of the bor- curity, and our economic reliance on being here and a judgment as to wheth- der and other places around the world. the contributions that immigrant labor er they pose a danger to our citizens. Here again, I don’t know how we can provides and that are important to our While I believe we have done a good say with a straight face that we are a economy—we need to approach this en- thing here today and that we have met nation of laws while at the same time tire question with a dose of common the request of the 9/11 families and the ignoring this fact. I know it won’t be sense and pragmatism that unfortu- 9/11 Commission to deal with their con- easy. Indeed, like so many other chal- nately has been missing for so long. cerns in this bill, we have not yet fin- lenges that face our Nation, few of Most of the people who talk about ished the job. Indeed, I don’t believe we these issues are easy. immigration today, I am afraid to say, can claim we have finished the job I know next year we will be dealing are special interest groups that try to until we deal comprehensively with im- with things such as Social Security re- scare the American people or, frankly, migration reform. I know it is going to form, tax simplification, and winning misrepresent the facts about this im- take a lot of discussion. This is a con- the war on terrorism. None of those portant issue. Comprehensive immigra- troversial area, but I know the Amer- issues are easy, but we don’t give that tion reform will allow our law enforce- ican people will benefit from a discus- as an excuse for failing to do our duty ment officials to concentrate on those sion in Congress and from our under- as Senators. I hope we will not make who are indeed a threat while acknowl- standing of what their concerns are so weak and empty excuses for failing to edging the contributions that immi- we can try to achieve a national condo our duty when it comes to immigra- grants make to our economy, but sensus to deal with this issue which we tion reform. under a lawful framework which allows have neglected for far too long. It is be- The need for immigration reform is us to regain our status as a nation of cause we have neglected it that we are apparent when we look at the chal- laws. not as safe as we should be; nor can we lenges we confront in a post-9/11 world. To that end, last summer, I intro- justly claim to be a nation of laws There are some who say: We can solve duced the Border Security and Immi- while we ignore this present violation, our immigration problems by building gration Reform Act that would create and ignoring those laws when it has to a wall between the United States and a temporary worker program, allowing do with the immigrants in our country. Mexico or we could do it by deploying immigrants to work in the United Mr. President, I will talk more about troops along our border. States for a limited time, then return this in January when we return but I That is a vain hope and expectation, to their home country with the skills did not want the occasion to pass with- if indeed people are truly serious about and the savings that they have earned. out making these few comments. that. The fact is, when you have one of The most important aspect of that bill I yield the floor and suggest the ab- the poorer nations of the world right is that it is a work and return program. sence of a quorum. next door to the richest nation, people It is not a pathway to legal permanent The PRESIDING OFFICER. The who have no hope and no opportunity residency in the United States, nor is clerk will call the roll. where they live will do whatever it it a pathway to citizenship. The legislative clerk proceeded to takes to provide hope and opportunity It is not amnesty. I would not sup- call the roll. to their families. You cannot build a port a bill that provides amnesty for The PRESIDING OFFICER (Mr. COR- wall high enough or wide enough to those who are not lawfully present in NYN). In my capacity as a Senator from keep people out of this country who the United States. I believe what this the State of Texas, I ask unanimous know only despair and who have no op- does is address both the reality on the consent that the order for the quorum portunity where they live. ground in places such as my State and call be rescinded. I believe we need to deal comprehen- even the great State of Montana, rep- Without objection, it is so ordered. sively with this issue in a pragmatic resented by the current occupant of the f way, a way that allows us to call our- chair. Immigrants make a tremendous selves a nation of laws, and create a contribution to the workforce and the RECESS SUBJECT TO THE CALL OF legal framework that allows us to deal economy of all of our States. THE CHAIR with the present reality of our reliance I also believe that the work and re- The PRESIDING OFFICER. In my on immigrant labor, some 6 million in turn component is important because capacity as a Senator from the State of the workforce in America doing jobs in the fact is, if we are ever going to do Texas, I ask unanimous consent that many instances that American citizens anything about the root causes of im- the Senate recess subject to the call of would not want to do. migration, we are going to have to sup- the Chair. All you have to do is travel to con- port the efforts of the nations that sup- There being no objection, the Senate, struction sites all across the country. ply these immigrants to help build at 7:36 p.m., recessed subject to the call Go to the hotels, the restaurants, to their own economy and to create op- of the Chair and reassembled at 8:05 the lawn service companies, whatever portunity and jobs. If we don’t do that, p.m. when called to order by the Pre- the nature of the business may be, you then the drain of the risk takers, the siding Officer (Mr. BURNS). will find—and we know they are young and able-bodied, the people Mr. FRIST. Mr. President, I ask there—immigrants who have come every economy depends upon in order unanimous consent that the order for from other countries who ask for noth- to do the work and to help boost the the quorum call be rescinded. ing more than the opportunity to economy and create opportunity, will The PRESIDING OFFICER. Without work. We need and rely on that labor. continue, and we will never be success- objection, it is so ordered. At the same time the demands of ful. Mr. FRIST. Mr. President, so our col- homeland security cry out for an ac- I believe both for our purposes and leagues will know the plans for the counting of who is in our country and for the purposes of those countries that next few minutes or next hour or so, we why they are here. While I suspect—in- supply immigrant labor to the United will be going sine die later this deed I believe—the vast majority of States, it is important that we have a evening. There is still some business these people who have come here ille- work and return requirement. I plan on we are conducting and wrapping up. gally are here because they want noth- reintroducing this measure when we re- For the next few minutes, we will have ing more than to work and the oppor- turn in January. I believe this proposal some unanimous consent requests. We

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12014 CONGRESSIONAL RECORD — SENATE December 8, 2004 will deal with that, after which I will Randall Todd Merideth, of Minnesota Tomika Konditi, of Maryland make a statement or two while that Susan Michelle Meyer, of Nebraska Rachna Sachdeva Korhonen, of New Jersey pending business is being wrapped up. Sara Lilli Michael, of California Molly Rutledge Koscina, of Washington Matthew Christian Miller, of Virginia Jon A. Larsen, of Oregon f Kimberly A. Murphy, of Florida Elizabeth M. Lawrence, of Illinois Hector Nava, of Texas Annie S. Lee, of California EXECUTIVE SESSION Heather Lynn Noss, of California Theresa Loong, of New York Matthew E. O’Connor, of Texas Anita Lyssikatos, of New Hampshire Christopher James Panico, of Connecticut Patrick M. Mackin, of Virginia EXECUTIVE CALENDAR John Benton Parker, of Florida Michael A. Mazzocco, of Virginia Mr. FRIST. Mr. President, I ask Scott R. Riedmann, of Ohio Timothy Ray McGowan, of Virginia Sean J. McIntosh, of New York unanimous consent that the Senate Hugo F. Rodriguez Jr., of Virginia Stephen I. Ruken, of Texas Daniel L. McManus, of Florida proceed to executive session to con- Edwin S. Saeger, of Maryland Lioudmila Millman, of Virginia sider the following nominations on the Nomi E. Seltzer, of New York Molly C. Montgomery, of Oregon calendar: Calendar Nos. 588 and 865. Matthew David Smith, of New Hampshire Jessica Nicole Munson, of Minnesota I further ask that the following Julie A. Stinehart, of Wyoming Chad R. Norberg, of Florida nominations be discharged from the re- Michael D. Sweeney, of California Mary Jane O’Brien, of Virginia spective committees and they be con- Catherine Elizabeth Sweet, of Washington Sadie Marie Okoko, of Maryland Michael David Toyryla, of California Angela P. Pan, of California sidered en bloc: From the Foreign Re- Seth L.P. Patch, of Massachusetts lations Committee, PN–2052 and PN– Nikolas Michael Trendowski, of Michigan Seth H. Vaughn, of New York Charlotte Audrey Poloncsik, of Virginia 2053, which are two lists of Foreign Lucia Clelia Verrier, of New Hampshire Shannon D. Quinn, of Florida Service officers, for a total of 309 nomi- T. Clifford Reed, of Texas The following-named Members of the For- Kyle Richardson, of Iowa nations; from the HELP Committee, eign Service to be Consular Officers and/or Susan Jean Riggs, of Virginia PN–1675, Veronica Stidvent, Assistant Secretaries in the Diplomatic Service of the Secretary of Labor; from the Energy John Thomas Rivera-Dirks, of New Mexico United States of America, as indicated: Gregg Allen Roberts, of Virginia Committee, PN–1839, Karen Harbert, Consular Officers and Secretaries in the Brenda C. Ruth, of Colorado Assistant Secretary of Energy; PN– Diplomatic Service of the United States of Stetson A. Sanders, of the District of Colum- 1851, John Shaw, Assistant Secretary of America: bia Energy. DEPARTMENT OF COMMERCE Shigh Luke Sapp, of California I further ask consent that the nomi- Brent E. Omdahl, of Texas Caroline Savage, of Wisconsin Addie B. Schroeder, of Kansas nations be confirmed en bloc, the mo- DEPARTMENT OF STATE tion to reconsider be laid upon the Jeffrey A. Shelstad, of Virginia Ralph C. Ahlers, of the District of Columbia Daniel E. Slusher, of Kansas table, that the President be imme- Jacob F. Appleton, of the District of Colum- Brian T. Smith, of Indiana diately notified of the Senate’s action, bia Deborah Buddington Smith, of Connecticut and the Senate resume legislative ses- Daniel Vartan Arakelian, of Michigan Tashawna S. Smith, of New Jersey sion. Tammy McQuilkin Baker, of Florida Alys Louise Spensley, of Minnesota The PRESIDING OFFICER. Without Regina Anne Bateson, of California Anne Marie Staszecki, of Virginia objection, it is so ordered. Jeffrey A. Beals, of New York Michael Anthony Stevens, of Florida Keith B. Bean, of New Jersey The nominations considered and con- Terrence Clare Stevens, of Virginia Philip M. Beekman, of Michigan Michael Stewart, of Oregon firmed en bloc are as follows: Mieczyslaw P. Boduszynski, of California Nancy Elizabeth Talbot, of New York DEPARTMENT OF ENERGY James Michael Bonikowski, of Virginia Mark Hamilton Thornburg, of the District of Susan Johnson Grant, of Virginia, to be Katherine Anne Branding, of Virginia Columbia Chief Financial Officer, Department of En- Jamar Phillip Broussard, of California Elaine H. Tiangco, of Nevada ergy. Maria Del Rosario Rodriguez-Diaz Butcher, Dennis Dean Tidwell, of Tennessee of West Virginia DEPARTMENT OF JUSTICE Kevin J. Tierney, of Virginia Andrea Michelle Cameron, of Virginia Michael J. Tran, of Kansas William Sanchez, of Florida, to be Special Ryan T. Campbell, of California Tina Tran, of Oklahoma Counsel for Immigration-Related Unfair Em- Vincent M. Campos, of California Ian Adam Turner, of Maryland ployment Practices for a term of four years. John L. Canady, of Florida Linnisa Joya Wahid, of Maryland DEPARTMENT OF STATE Laura Anne Cansicio, of California Susan F. Walke, of Virginia Donna Lurline Woolf, of the District of Co- Jared S. Caplan, of Florida Mark Allen Weed, of Virginia lumbia Kenneth Patrick Chavez, of Texas Tonia N. Weik, of Texas Matt Butler Chessen, of California For appointment as Foreign Service Offi- April S. Wells, of Alabama Grace H. Choi, of California cers of Class Four, Consular Officer and Sec- Russell J. Westergard, of Utah John Choi, of California retary in the Diplomatic Service of the David L. Wyche, of Pennsylvania Ryan P. Cooper, of Virginia United States of America: The following-named Career Member of the Robert J. Dahlke, of Maryland Foreign Service of the Department of State DEPARTMENT OF STATE Daniel A. Davila, of Texas for promotion in the Senior Foreign Service Nancy E. Abella, of Connecticut Daniel Kenneth Delk Jr., of Georgia to the Class indicated: John Aloia, of New Jersey David S. Feldmann, of Maryland Career Member of the Senior Foreign Serv- Alexander Neville Ave Lallemant, of Texas Kara Van de Carr French, of Louisiana ice, Class of Counselor, in the Diplomatic Kay Gilbrech Barton, of Texas Brian Michael Frere, of Florida Service of the United States of America: Dena D. Brownlow, of the District of Colum- Daniel C. Gedacht, of Massachusetts Lisa Bobbie Schreiber-Hughes, of Pennsyl- bia Leon W. Gendin, of Florida vania Cathleen Elizabeth Carothers, of Kansas Tonya Woytowich Gendin, of Florida DEPARTMENT OF STATE Charles Gardner Chandler IV, of Texas Kevin Edward Gonzales, of Maryland Peter Thompson Chisholm, of Florida Nathan S. Halat, of New York Cynthia A. Haley, of Maryland Derek Shane Christensen, of California Stephanie Lynne Hallett, of Florida For appointment as Foreign Service Offi- Amanda Beth Cronkhite, of New York Thomas Edward Hammang Jr., of Texas cers of Class Four, Consular Officer and Sec- retary in the Diplomatic Service of the Monica Lyn Cummings, of California Michelle F. Hams, of Puerto Rico United States of America: Evan Tait Felsing, of California Brian B. Himmelsteib, of New Jersey Li Gong, of Virginia Ariel N. Howard, of Louisiana DEPARTMENT OF STATE Glenn James Guimond, of California Douglas M. Hoyt, of the District of Columbia Diana J. Haberlack, of Washington Kent C. Healy, of Connecticut Margaret E. Hsiang, of New Jersey Micah L. Watson, of Maryland Nicholas J. Hilgert III, of Virginia Bonnie Lee Hunter, of Virginia The following-named Members of the For- John J. Hillmeyer, of Missouri Antoinette Christine Hurtado, of California eign Service to be Consular Officers and/or Charles David Hillon, of Virginia Anna Sunshine Ison, of North Carolina Secretaries in the Diplomatic Service of the Darren William Hultman, of California Mary Beth Keane, of Virginia United States of America, as indicated: Debra Irene Johnson, of Virginia Teri L. Keas, of Kansas Consular Officers and Secretaries in the Dana Michele Linnet, of California Rebecca N. Kinyon, of New York Diplomatic Service of the United States of Stella C. Lutter, of Florida Holly Ann Kirking, of Wisconsin America: Darren A. Martin, of Virginia Payton Lucas Knopf, of the District of Co- DEPARTMENT OF COMMERCE Katherine Marie McGowen, of Alaska lumbia John F. Coronado, of California

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12015

Mark C. O’Grady, of Maryland Matthew M. Marlowe, of Virginia NOMINATION OF WILLIAM SANCHEZ DEPARTMENT OF STATE La Tranda Shontell Martin, of Georgia Mr. DURBIN. Today the Senate con- Sarah Ahmed, of New York Lisa R. McCumber, of Texas firmed William Sanchez to be the Spe- John Stanley Anthony, of Virginia Stacey Dawn McDonald, of West Virginia cial Counsel for Immigration-Related Colin C. McDuffie, of Virginia Mara Sunshine Andersen, of Colorado Unfair Employment Practices in the Karen Andrus, of Texas Amy Medeiros, of Virginia Jessica Megill, of California Civil Rights Division of the U.S. De- Miriam Laila Awad, of Texas partment of Justice. I do not oppose Cynthia Balazs, of the District of Columbia David C. Metzler, of Virginia Jared Banks, of Maryland John C. Moor, of Texas his confirmation, but I have serious Anne W. Benjaminson, of California Gregory L. Naarden, of Texas concerns about the Justice Depart- John Charles Bergemann, of Virginia Cheryl L. Neely, of Tennessee ment’s decision in September to post- Oni Kay Blair, of Texas Michael Thomas Nestor, of Virginia pone an important, statutorily-author- Douglas E. Blandford, of Maryland Long Thuy Nguyen, of California ized grant program until Mr. Sanchez’s Cecily R. Brewster, of California Martha A. Nicholson, of Virginia Liam J. O’Flanagan, of New York confirmation. Now that Mr. Sanchez Kelly W. Brimhall, of Utah has been confirmed, I urge the Justice Russell Kenneth Brooks, of New Jersey Melinda M. Pavek, of Minnesota Frederick E.N. Brust, of New York Raimonds Pavlovskis, of New York Department to reinstate the grant pro- Andrew A. Buntrock, of the District of Co- John C. Pernick, of Virginia gram at once. lumbia Paul W. Piatkowski, of Pennsylvania This Civil Rights Division grant pro- Ania Burczynska, of Washington Wynn S. Pinkston, of Virginia gram plays a critical role in protecting Brent Burkman, of Virginia Francisco Pinol, of Virginia the rights of immigrant workers. Every Benjamin Cade Canavan, of Florida Kristyna L. Rabassa, of Michigan year since 1991, nonprofit organizations Donald Leroy Carroll, of Idaho Anna Radivilova, of California throughout the Nation have received Marcus Evan Cary, of Washington Brian A. Raymond, of Maryland Christian W. Redmer, of Tennessee these grants to educate workers about Anamika Chakravorty, of California their rights to a workplace free of dis- Akunna E. Cook, of New Jersey Zeba Reyazuddin, of the District of Columbia Kimberly Coulter, of the District of Colum- Corrie H. Robb, of California crimination and abuse. These organiza- bia Randall Arthur Robinson, of Florida tions play a vital role in educating em- Christopher J. Cova, of Virginia Sabah Roth, of Virginia ployers and the public about the civil Mario Crifo, of Texas Laura Kay Rugg, of Virginia rights and immigration laws Congress Nigel A. De Coster, of Virginia Kimberly A. Russell, of Pennsylvania has passed to protect U.S. citizens, Jacqueline S. Deley, of California Dovas Algis Saulys, of Illinois lawful permanent residents, refugees, Leah F. Schandlbauer, of Virginia Brian E. Denver, of Virginia and asylees. Vito DiPaola, of Georgia Jody K. Schauer, of Texas Susan K. Silvers, of Virginia In July, the Justice Department pub- Robert F. Doughten, of Montana licly announced that 13 organizations Caroline Grace Dow, of Pennsylvania Mordica M. Simpson, of Virginia Timothy W. DuBoff, of Virginia Siri Lynn Sitton, of Florida from around the country would receive Rochelle C. East, of California David R. Smith, of Virginia a grant in 2004. Several of the intended Linda A. Fenton, of Kansas Dee Anna Smith, of the District of Columbia grantees, including Chicago-based Andrea R. Ford, of Virginia Robin Diane Solomon, of Texas Heartland Alliance for Human Needs & Kevin M. Ford, of Virginia Erica Leigh Stillwell, of Florida Human Rights, acted in good faith reli- Scott Freeman, of Virginia M. Victoria Sturdivant, of Georgia ance on the Justice Department’s Andrew S. Gralnek, of Virginia Krista D. Tacey, of Texas James D. Telfer, of Virginia grant announcement and made hiring Elaine M. French, of New York and resource allocation decisions ac- David Hardt Gamble Jr., of Virginia Yodchiwan Dew Tiantawach, of Oregon Alexander C. Gazis, of New York Matthew A. Tolliver, of Florida cordingly. Suzanne L. Gordon, of Michigan Jessica Marie Torres, of Florida In September, however, the Justice Katherine Anne Greeley, of California Eric Turner, of Virginia Department announced that it had de- Mary Katherine Harding, of the District of Richard J. Tyler, of Virginia cided to postpone the grant program Columbia Andrew Vaden, of Texas without explanation. Senator LEAHY, Jennifer R. Van Trump, of California Scott M. Harney, of Virginia Senator KENNEDY, and I wrote to the Christopher James Harris, of Virginia Rajeev M. Wadhvani, of the District of Co- lumbia Justice Department seeking an expla- Barbara Ann Harrison, of Arizona nation for their decision and request- Holly M. Harvey, of Virginia Peter G. Warmka, of Florida Robert H. Helton III, of Virginia Carl Thomas Watson, of New York ing that they reconsider it. Gary A. Herman, of Virginia Gina M. Werth, of Nevada In October, the Justice Department Marla J. Hexter, of Massachusetts Dianne Kaye West, of South Dakota responded with a letter indicating that Patrick J. Hickey, of Virginia Alexander E. L. Whittington, of Texas the grant program would be reinstated Brian R. Hillberry, of West Virginia Scott R. Williams, of Virginia once the Senate confirmed Mr. San- Marcus A. Hirsch, of Virginia Allison Yezril, of the District of Columbia chez, who would head the Civil Rights Phuong Thao Thanh Hong, of Washington Christine M. York, of Virginia Division office that administers the Christopher Drew Hoster, of Oregon Jonathan E. Young, of Virginia Sara Shirley Yun, of Virginia grant program. Although I disagree Karen W. Hsiao, of Utah with this decision to delay the grant Rodney M. Hunter, of Indiana Elisabeth F. Zentos, of Ohio Heather Lynn Jambrosic, of Virginia The following-named Career Member of the program until Mr. Sanchez’s confirma- Donald S. Jones, of Virginia Foreign Service of the International Broad- tion, I was pleased by the Justice De- Paul Ivan Jukic, of Ohio casting Bureau for promotion in the Senior partment’s assurance that they in- Heather E. Kalmbach, of Pennsylvania Foreign Service to the class indicated: tended to continue the program once Sean Peter Kanuck, of Virginia Career Member of the Senior Foreign Serv- Mr. Sanchez assumes his office. Ashish Katkar, of Virginia ice, Class of Counselor, in the Diplomatic Today, in the wake of Mr. Sanchez’s Yolanda V. Kerney, of the District of Colum- Service of the United States of America: confirmation, Senator LEAHY, Senator bia Wilford H. Cooper, of Virginia KENNEDY, and I wrote again to the Jus- Sharon S. Ketchum, of Arizona Walter D. Patterson, of South Carolina Ann Moonju Kim, of California tice Department, urging Mr. Sanchez DEPARTMENT OF LABOR Kristin Louise Kneedler, of Maryland and the Civil Rights Division to follow Daniel David Koski, of Illinois Veronica Vargas Stidvent, of Texas, to be through with the commitment made to Kenneth A. Kresse, of Virginia an Assistant Secretary of Labor, vice Chris the 13 intended grantees in July. We re- Bonnie Dee Langendorff, of Virginia Spear, resigned. quested that the grants be issued by Brian E. Kressin, of the District of Columbia DEPARTMENT OF ENERGY the end of the calendar year. L. Dale Lawton, of Nevada Karen Alderman Harbert, of the District of I ask unanimous consent to have Andrew T. Lee, of California Columbia, to be an Assistant Secretary of printed in the RECORD the letter re- Benjamin A. Le Roy, of California Energy (International Affairs and Domestic garding this important grant program John Lombard, of Virginia Policy), vice Vickey A. Bailey. Bryan P. Lopez, of Virginia John S. Shaw, of the District of Columbia, that Senator LEAHY, Senator KENNEDY, Edward Paul Luchessi, of California to be an Assistant Secretary of Energy (En- and I sent to the Justice Department Todd Harry Lundgren, of Washington vironment, Safety and Health), vice Beverly today, as well as the other correspond- Kimberly A. Ly, of California Cook, resigned. ence to which I have referred.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12016 CONGRESSIONAL RECORD — SENATE December 8, 2004 There being no objection, the mate- Department believes that this program is necessary. We expect the final processing to rial was ordered to be printed in the important, and each year has used funds ap- be completed promptly. Please respond RECORD, as follows: propriated for salaries and expenses for the quickly to any questions that OJP may Department’s legal activities (e.g., Supreme have. U.S. SENATE, Court proceedings, tax and criminal matters, You will hear from us again shortly with COMMITTEE ON THE JUDICIARY, etc.) to support a public outreach campaign more details about the grant. The training Washington, DC, December 7, 2004. to disseminate information respecting the seminar for grantees is tentatively scheduled Hon. R. ALEXANDER ACOSTA, rights and remedies available to workers for September 29–30, 2004, in Washington, Assistant Attorney General, Civil Rights Divi- under OSC’s statutes. As a result, the close D.C. We will get back to you with more in- sion, U.S. Department of Justice, 950 Penn- of a fiscal year does not affect the Division’s formation about that as soon as arrange- sylvania Ave., NW., Washington, DC. ability to award grants. ments are finalized. DEAR MR. ACOSTA: We are in receipt of a Your letter notes with just concern that Grantees play a major role in accom- letter dated October 13, 2004 from Assistant some of the grant recipients may have relied plishing the mission of the Office of Special Attorney General William Moschella ad- on the Department’s July 15, 2004, press re- Counsel. We value our grantee partnerships dressing our concerns about the postpone- lease. As is the case with all such decisions, greatly and look forward to working with ment of the Civil Rights Division’s public the Department took steps to make sure you. If you have any immediate questions, education grant program administered by that no group improperly relied on such a please feel free to call Lilia Irizarry, our the Office of Special Counsel for Immigra- preliminary announcement. Enclosed with Acting Public Affairs Specialist, at 202–616– tion-Related Unfair Employment Practices. this letter please find correspondence di- 5594 or toll-free at 1–800–255–7688. We are encouraged by the Justice Depart- rected to each of the groups named in that Sincerely, ment’s commitment to this important, press release. As you will see, the award an- KATHERINE A. BALDWIN, statutorily-created grant program and by nouncements at that time were ‘‘provi- Deputy Special Counsel. Mr. Moschella’s representation that the sional’’ only, and remained ‘‘conditioned on U.S. SENATE, close of the fiscal year does not affect the the successful completion of a general back- COMMITTEE ON THE JUDICIARY, Civil Rights Division’s ability to award these ground and financial review to be conducted Washington, DC, September 29, 2004. grants. Although we disagree with your deci- by the Office of the Comptroller, Office of Hon. R. ALEXANDER ACOSTA, sion to delay the grant program until con- Justice Programs (OJP).’’ Assistant Attorney General, Civil Rights Divi- firmation of William Sanchez, we are pleased If we can be of assistance in other matters, sion, U.S. Department of Justice, 950 Penn- by your assurance that you intend to con- please do not hesitate to contact the Depart- sylvania Ave., NW, Washington, DC. tinue this program once Mr. Sanchez as- ment. DEAR MR. ACOSTA, we recently learned sumes his office. Sincerely, that the Civil Rights Division has decided to We write to urge you and Mr. Sanchez to WILLIAM E. MOSCHELLA, postpone indefinitely the public education dispense $745,000 by the end of this calendar Assistant Attorney General. grant program administered by the Divi- year to the 13 nonprofit organizations who Enclosure. sion’s Office of Special Counsel for Immigra- reasonably believed they had been promised tion-Related Unfair Employment Practices U.S. DEPARTMENT OF JUSTICE, this grant money in July. As we indicated in (OSC), which plays a critical role in pro- CIVIL RIGHTS DIVISION, our letter of September 29, 2004, these 13 or- tecting the rights of immigrant workers. Washington, DC, September 16, 2004. ganizations had strong reason to believe that Staff has contacted the Office of Legislative Ms. VANNA SLAUGHTER, they would receive a grant by the end of the Affairs about this matter in recent days but Catholic Charities of Dallas, Immigration Coun- fiscal year. Many of them made resource al- has not received an explanation for the deci- seling Services, 5415 Maple Avenue, Suite location decisions in good faith reliance on sion to postpone this important program. We 200, Dallas, TX. the Department’s July announcement. are very concerned about this decision and DEAR MS. SLAUGHTER: I write to inform Please provide assurance that the 13 orga- are writing to urge you to reverse it imme- you that Office of Special Counsel’s public nizations promised 2004 grant money will re- diately. If the grants are not provided to the education grant program and the grantee ceive their grants by the end of the calendar intended recipients before September 30, training conference scheduled for September year, and that the grant program will be ad- 2004—the end of fiscal year 2004—the grant 29–30, is being postponed until later in the ministered in 2005 without delay or postpone- funding may no longer be available. year. ment. The OSC grant program is statutorily cre- If your organization was awarded a grant Sincerely, ated, and we understand that Congress has by the Office of Special Counsel in 2003 that DICK DURBIN, appropriated funding for the grant program has remaining funds, please immediately re- United States Senator. since 1991. To our knowledge, this is the first quest from us a ‘‘no cost extension through PATRICK LEAHY, time the grant program has ever been post- December 31, 2004.’’ This extension will per- United States Senator. poned. Furthermore, we are not aware that mit your organization to have continued use TED KENNEDY, the Justice Department advised Congress of those funds through December 31 of this United States Senator. about its intention to postpone this impor- year. Please send your request via e-mail to U.S. DEPARTMENT OF JUSTICE, tant grant program, prior to its recent deci- [email protected] no later than OFFICE OF LEGISLATIVE AFFAIRS, sion to do so. Accordingly, we request that September 20, 2004. Washington, DC, October 13, 2004. you advise us about the authority you relied We appreciate your cooperation and under- Hon. RICHARD J. DURBIN, upon to postpone this statutorily authorized standing. Committee on the Judiciary, U.S. Senate, Wash- and Congressionally appropriated grant pro- Sincerely, ington, DC. gram. DEAR SENATOR DURBIN: This is in response LORETTA KING, As the attached press release indicates, the to your letter of September 29, 2004, inquir- Deputy Assistant Attorney General. Civil Rights Division announced on July 15, ing into the status of the public education U.S. DEPARTMENT OF JUSTICE, 2004 that 13 nonprofit organizations in re- grant program operated by the Civil Rights CIVIL RIGHTS DIVISION, gions throughout the country would receive Division’s Office of Special Counsel for Im- Washington, DC 20530, June 30, 2004. a total of $745,000 in OSC grants. These 13 se- migration-Related Unfair Employment Prac- Re Grant Award for Antidiscrimination Out- lected grant recipients—ranging from Catho- tices (‘‘OSC’’). We are sending a similar re- reach Public Education Campaign lic Charities of St. Petersburg, Florida, to sponse to the co-signatories of your letter. MS. SONIA HARB, the Arab Community Center for Economic The Department shares your view as to the Director, Arab Community Center for Economic and Social Services in Dearborn, Michigan, importance of this program. Our outreach & Social Services, 2651 Saulino Ct., Dear- to the Central American Resource Center in and training program is an important com- born, MI. Los Angeles, to Legal Aid Services of Or- ponent of our overall effort to address the se- DEAR MS. SONIA HARB: thank you for your egon—have acted in good faith reliance on rious problem of immigration-related em- proposal to conduct a public education pro- this announcement and made hiring and re- ployment discrimination. We intend to con- gram on the antidiscrimination provisions of source allocation decisions accordingly. tinue this program when the President’s the Immigration and Nationality Act. I am For example, one selected grant recipient nominee for Special Counsel, William San- pleased to inform you that your organization based in Chicago—Heartland Alliance for chez, assumes his office. Once confirmed, Mr. has been provisionally selected as a recipient Human Needs & Human Rights (in partner- Sanchez will have discretion with regard to of a grant in the amount of $60,000. Final ac- ship with the Chicago Interfaith Committee when and whom to award grant monies. ceptance of your proposal will be conditioned on Workers Issues)—has indicated that it Your letter specifically asked whether on the successful completion of a general may have to lay off an employee who was funding for the grants would be available background and financial review to be con- hired in reliance on your grant announce- after September 30, 2004. As you are aware, ducted by the Office of the Comptroller, Of- ment. although OSC’s authorizing statute includes fice of Justice Programs (OJP). You will Not only would the 13 organizations be an authorization for up to $10,000,000 per fis- soon be contacted by officials from that of- harmed by the loss of this promised grant cal year to implement and operate the public fice. The grant award may also be condi- money, so too would the immigrant commu- education program, no appropriation has tioned on your acceptance of any additional nities and employers they serve. Every year been made for the program. Nonetheless, the modifications of your proposal that prove for the past decade and a half, nonprofit

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12017 groups throughout the nation have received Rights Division, U.S. Department of Justice, edgment of my service to the Senate, OSC grants to educate workers about their 950 Pennsylvania Ave. NW, Washington, DC and Stan wanted to be there. He want- rights to a workplace free of discrimination 20038–7728. ed to participate. After the principal and abuse. These groups have a vital role in f educating employers and the public about person who was responsible for the the civil rights and immigration laws Con- LEGISLATIVE SESSION function, the chairman of the Demo- cratic Leadership Council, Al From, gress has passed to protect U.S. citizens, The PRESIDING OFFICER. The Sen- lawful permanent residents, refugees, and made his remarks, Stan stood up and asylees. Postponement of the OSC grant pro- ate will now return to legislative ses- said: May I say something? Of course, gram will jeopardize the public’s knowledge sion. the answer was: Absolutely. of their rights, remedies, and responsibil- f He said some very kind things about ities. me, and he said some very kind things Moreover, it is vital to OSC’s mission to RELATIVE TO THE DEATH OF J. continue the grant program. As stated in a STANLEY KIMMITT about the Senate and this institution and how important it had been in his June 30, 2004 letter from OSC to intended Mr. FRIST. Mr. President, I ask grant recipients: ‘‘Grantees play a major role life. He quoted my predecessor in this in accomplishing the mission of the Office of unanimous consent that the Senate body, Russell Long, as saying: When I Special Counsel.’’ OSC cannot be as effective proceed to the immediate consider- have a friend, I have a friend, and I will if the public does not know about its exist- ation of S. Res. 486, which was sub- fight for him or her until hell freezes ence and its role in combating national ori- mitted earlier today. over, and then I will fight on the ice. gin and citizenship discrimination, as well as The PRESIDING OFFICER. The document abuse and retaliation. That was the kind of friend that Stan clerk will report the resolution by Kimmit was. He pointed out that he Please respond to our concerns as soon as title. possible. had to correct Russell Long because Sincerely, The legislative clerk read as follows: Russell Long, when he originally made DICK DURBIN, A resolution (S. Res. 486) relative to the that quote, I say to my colleagues, did United States Senator. death of J. Stanley Kimmitt, Former Sec- not have the words ‘‘or her.’’ It was PATRICK LEAHY, retary of the Senate. just ‘‘I will fight for him until hell United States Senator. There being no objection, the Senate freezes over,’’ and Stan had the duty of TED KENNEDY proceeded to consider the resolution. United States Senator. saying to Senator Long, You should U.S. DEPARTMENT OF JUSTICE, f say him or her, and Russell Long cer- CIVIL RIGHTS DIVISION, STAN KIMMIT tainly followed his advice. July 15, 2004. What I will mention in closing is that JUSTICE DEPARTMENT ANNOUNCES GRANTS The PRESIDING OFFICER. The Sen- last night he spent almost a half hour FOR TRAINING ON THE PREVENTION OF IMMI- ator from Louisiana. talking to a young staff person who GRATION-RELATED EMPLOYMENT DISCRIMI- Mr. BREAUX. Mr. President, I rise to worked for me, a young lady by the NATION inform our Senate colleagues of the name of Jodi Bannerman, and he sat WASHINGTON, DC.—The Justice Department very unfortunate, untimely, and unex- there and talked about his days in the today announced the award of $745,000 in pected death of a person last evening Senate and what this institution had grants to 13 nonprofit groups throughout the who was truly a part of the family of meant to him and some of the things country for the purpose of conducting public the Senate. Although he was never education programs for workers and employ- he has seen in this institution and how ers on the topic of immigration-related job elected to this body, he served this it has changed over the years. discrimination. body with great distinction over a very He said last night that when he was The grants, which range from $35,000 to long period of time and truly was part here, the Senate was truly one big fam- $80,000, are being awarded by the Office of of the family of this distinguished ily. It was not segregated. When I say Special Counsel for Immigration-Related Un- body. I speak of Joseph Stanley segregated, he was referring to the fair Employment Practices (OSC) of the Civil Kimmit, Stan Kimmit, who served this interaction between the two parties, Rights Division. Recipients will assist dis- body as Secretary of the Senate with crimination victims; conduct seminars for that it was not two armed camps he workers, employers and immigration service great distinction from 1977 to 1981. was talking about last night, that it providers; distribute educational materials Members who served during that period was one big family. We had our dif- in various languages; and place advertise- of time know how much he meant to ferences. We fought hard. We stood up ments in local communities through both the family of the Senate through his for the principles of the party, but it mainstream and ethnic media. services, through his respect for this was one big family that he was honored The grant recipients are: Asian Pacific institution, for his understanding of American Legal Center of Southern Cali- to have been able to serve in the capac- fornia in partnership with the Asian Law the history of how important this in- ity of Secretary of the Senate. Caucus, Central American Resource Center stitution is to our Nation and to the He was telling my young staff person (CARECEN), James Madison University, world. he was very concerned about how he Catholic Charities of St. Petersburg, Florida, Prior to that, Stan Kimmit served as has seen things change, and that was Heartland Alliance for Human Needs and Secretary for the majority, as principal unfortunate, in his mind. He told her Human Rights, in partnership with the Chi- floor assistant to Majority Leader Sen- there were three principles, three cago Interfaith Committee on Workers ator Mike Mansfield from the State of truths he knew to be true, and she Issues, New York City Commission on Montana from 1966 to 1977. Prior to Human Rights, in partnership with the New wrote this down after she spoke to him: York Immigration Coalition, Legal Aid Soci- that, he was the administrative assist- Never sacrifice your principles, never ety of Mid-New York, Legal Aid Services of ant or chief of staff to Senator Mike ask for more than you deserve, and Oregon, in partnership with the Oregon Mansfield. never quit one thing until you have Legal Center, Catholic Charities of Dallas, Before he served the Senate, he something better. Catholic Charities of Houston, Arab Commu- served his country with great distinc- He said that twice in her conversa- nity Center for Economic and Social Serv- tion in the U.S. Army during World tion with him last night. Stan quoted ices (ACCESS), AFL–CIO Working for Amer- War II. As a captain in the U.S. Army, to her the Hamlet quote, ‘‘To thine ica Institute, National Immigration Legal he was selected to receive the Silver own self be true,’’ as advice that he was Support Center. For more information about protections Star medal, the Legion of Merit, the giving this young person about her own against employment discrimination based Bronze Star medal and a number of life. upon citizenship, immigration status, and other awards recognizing his service to He did not mention any regrets, only national origin: call the Office of Special our great Nation. great memories of this great institu- Counsel toll-free at 1–800–255–8155 (employ- It was unfortunate that this man, tion, and I think anyone who has had ers), 1–800–362–2735 (TDD for hearing im- who had seven wonderful children and the privilege of either working here or paired); 1–800–255–7688 (workers), 1–800–237– a beautiful wife, passed away in a very serving here and working as a Member, 2515 (TDD for hearing impaired); visit the Of- untimely fashion, and I would just as I have and as we all have, under- fice of Special Counsel’s web site at www.usdoj.gov/crt/osc; or write to: share it with the Senate family this stands what a great honor this has Office of Special Counsel for Immigration, afternoon. He was at a function where been. Stan Kimmit personalized that Related Unfair Employment Practices, Civil I happened to be receiving an acknowl- last night.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12018 CONGRESSIONAL RECORD — SENATE December 8, 2004 After he made those remarks, he sat Whereas Stan Kimmitt faithfully dis- Code, shall be deemed not to apply to Susan down and never got up. We know that charged the difficult duties and responsibil- Overton Huey of Little Rock, Arkansas, and he is happy where he is, and I think ities of a wide variety of important and de- the annuity otherwise payable to Susan part of that happiness is the knowledge manding positions in public life with hon- Overton Huey as specified in such section esty, integrity, loyalty and humility; and (but for the operation of that paragraph) that he had the great honor and privi- Whereas Stan Kimmitt’s clear under- shall be deemed to be payable. lege of serving his country and this standing and appreciation of the challenges f great institution. facing the Nation has left his mark on those Mr. COCHRAN. Mr. President, I am many areas of public life: Now, therefore, be COMMEMORATING THE 40TH ANNI- deeply saddened by the news of the it VERSARY OF THE WILDERNESS death of former Secretary of the Sen- Resolved, That the Senate has heard with ACT profound sorrow and deep regret the an- ate Stan Kimmitt. Mr. FRIST. Mr. President, I ask It was just a few weeks ago when I nouncement of the death of Stan Kimmitt. Resolved, That the Secretary of the Senate unanimous consent that the Energy was with him on a trip to Montana and communicate these resolutions to the House and Natural Resources Committee be enjoyed swapping stories about his of Representatives and transmit an enrolled discharged from further consideration early days as a staff member in the copy thereof to the family of the deceased. of S. Res. 387 and that the Senate then Senate. He was a protege of Senator Resolved, That when the Senate adjourns proceed to its immediate consider- Mike Mansfield and served for 11 years today, it stand adjourned as a further mark ation. of respect to the memory of Stan Kimmitt. as Secretary for the majority. Even The PRESIDING OFFICER. Without though he was employed by the Demo- f objection, it is so ordered. The clerk cratic majority at the time, he enjoyed MICROENTERPRISE RESULTS AND will report the resolution by title. the friendship of Republican Senators, ACCOUNTABILITY ACT OF 2004 The legislative clerk read as follows: including this Senator. Mr. FRIST. Mr. President, I ask A resolution (S. Res. 387) commemorating Stan Kimmitt loved the Senate, and the 40th anniversary of the Wilderness Act. he respected its traditions and its role unanimous consent that the Senate in our government. He was totally proceed to the immediate consider- There being no objection, the Senate trustworthy. ation of H.R. 3818, which is at the desk. proceeded to consider the resolution. I extend to his fine family my sincere The PRESIDING OFFICER. The Mr. FRIST. Mr. President, I ask condolences. His son Jay served for clerk will report the bill by title. unanimous consent that the resolution several years as a member of the staff The legislative clerk read as follows: and the amendment to the preamble be of the Senate Appropriations Com- A bill (H.R. 3818) to amend the Foreign As- considered and agreed to, the preamble, mittee, and I enjoyed working with sistance Act of 1961 to improve the results as amended, be agreed to, the motion and accountability of microenterprise devel- him in that capacity. It was also my to reconsider be laid upon the table, opment assistance programs, and for other and any statement relating to the reso- good fortune to get to be with another purposes. son, Bob, when he was our Ambassador lution be printed in the RECORD, with There being no objection, the Senate to Germany. His other son, Mark, was the above occurring with no inter- proceeded to consider the bill. recently served as the spokesman for vening action. Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without our Armed Forces in Iraq. unanimous consent that the bill be Stan was very proud of his family, objection, it is so ordered. read a third time and passed, the mo- and he had every right to be. The resolution (S. Res. 387) was Stan Kimmitt was a wonderful per- tion to reconsider be laid upon the agreed to. son who reflected credit on the Senate table, and any statements relating to The amendment (No. 4087) was agreed by his dependable, conscientious devo- the bill be printed in the RECORD. to, as follows: The PRESIDING OFFICER. Without tion to his duties and his warm affec- AMENDMENT NO. 4087 objection, it is so ordered. tion for those who served in this body. The bill (H. R. 3818) was read the (Purpose: To add additional history relating Mr. FRIST. Mr. President, I ask to the wilderness) third time and passed. unanimous consent that the resolution Strike the preamble and insert the fol- be agreed to, the preamble be agreed f lowing: to, the motion to reconsider be laid RELIEF OF SUSAN OVERTON HUEY Whereas September 3, 2004, marked the 40th Anniversary of the enactment of the upon the table, and that any state- Mr. FRIST. Mr. President, I ask ments relating to this resolution be Wilderness Act (16 U.S.C. 1131 et seq.), which unanimous consent that the Senate gave to the people of the United States an printed in the RECORD. proceed to the immediate consider- The PRESIDING OFFICER. Without enduring resource of natural heritage as part ation of S. 3034, introduced earlier of the National Wilderness Preservation Sys- objection, it is so ordered. today by Senator PRYOR. tem; The resolution (S. Res. 486) was The PRESIDING OFFICER. The Whereas American explorers Meriwether agreed to. Lewis, William Clark, and Sergeant York, The preamble was agreed to. clerk will report the bill by title. The legislative clerk read as follows: and Native American guide Sacajawea The resolution, with its preamble, helped the United States recognize the ex- reads as follows: A bill (S. 3034) for the relief of Susan panse of American wilderness; Overton Huey. S. RES. 486 Whereas Native American leaders such as Whereas Stan Kimmitt served with distinc- There being no objection, the Senate Kiowa Chief Santanta, Chief Luther Stand- tion in the United States Army for 25 years, proceeded to consider the bill. ing Bear, and Chief Seattle recognized that served in combat during World War II in Eu- Mr. FRIST. Mr. President, I ask the land involved was not in fact ‘‘wild’’, but rope and later in Korea, received the Silver unanimous consent that the bill be existed as the land should be; Star, the Legion of Merit, and the Bronze read a third time and passed, the mo- Whereas great American writers such as Star for Valor with Three Oak Leaf Clusters, Ralph Waldo Emerson, Mary Austin, Henry tion to reconsider be laid upon the David Thoreau, George Perkins Marsh, Isa- and retired with the rank of Colonel; table, without intervening action or Whereas Stan Kimmitt began his service to bella L. Bird, and John Muir joined poets the United States Senate in 1965 as adminis- debate, and any statement relating to like William Cullen Bryant, and painters trative assistant to Majority Leader Mike the bill be printed in the RECORD. such as Thomas Cole, Frederic Church, Fred- Mansfield; The PRESIDING OFFICER. Without eric Remington, Albert Bierstadt, Georgia Whereas Stan Kimmitt served as Secretary objection, it is so ordered. O’Keefe, and Thomas Moran to define the for the Majority of the Senate from 1966 The bill (S. 3034) was read the third United States’ distinct cultural value of wild until 1977; time and passed, as follows: nature and unique concept of wilderness; Whereas Stan Kimmitt served as Secretary Whereas national leaders such as President S. 3034 of the Senate from 1977 until 1981; Theodore Roosevelt reveled in outdoor pur- Whereas after a distinguished career in the Be it enacted by the Senate and House of Rep- suits and sought diligently to preserve those United States Army, Stan Kimmitt served as resentatives of the United States of America in opportunities for molding individual char- an employee of the Senate of the United Congress assembled, acter, shaping a nation’s destiny, striving for States and ably and faithfully upheld the SECTION 1. RELIEF OF SUSAN OVERTON HUEY. balance, and ensuring the wisest use of nat- high standards and traditions of the staff of Effective as of October 20, 1990, paragraph ural resources, to provide the greatest good the Senate from 1965 until 1981; (2) of section 376(h) of title 28, United States for the greatest many;

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12019 Whereas luminaries in the conservation Whereas President Gerald R. Ford stated of atomic energy under conditions to pro- movement, such as scientist Aldo Leopold, that the National Wilderness Preservation mote the general welfare; forester Bob Marshall, writer Howard System ‘‘serves a basic need of all Ameri- Whereas the Atomic Energy Act of 1954 Zahniser, teacher Sigurd Olson, biologists cans, even those who may never visit a wil- recognized that it was in the national inter- Olaus, Margaret (Mardy), and Adolph Murie, derness area—the preservation of a vital ele- est to conduct a comprehensive program of conservation leader Celia Hunter, and con- ment of our natural heritage’’ and that, research and development to optimize the servationist David Brower believed that the ‘‘wilderness preservation ensures that a cen- benefits of nuclear technologies for human- people of the United States could have the tral facet of our Nation can still be realized, ity; boldness to project into the eternity of the not just remembered’’; and Whereas the Atomic Energy Act of 1954 set future some of the wilderness that has come Whereas President Gerald R. Ford has forth the necessity to control certain types from the eternity of the past; joined with President Jimmy Carter and of information, material, and facilities for Whereas Senator Hubert H. Humphrey, a more than 100 other prominent United States security purposes, while ensuring unclassi- Democrat from Minnesota, and Representa- citizens as honored members of Americans fied dissemination of appropriate scientific tive John Saylor, a Republican from Penn- for Wilderness, a committee formed to cele- and technical information; sylvania, originally introduced the legisla- brate this national achievement: Now, there- Whereas the Atomic Energy Act of 1954 tion with strong bipartisan support in both fore, be it provided the initial framework for inter- bodies of Congress; The preamble, as amended, was national cooperation in nuclear tech- Whereas with the help of their colleagues, nologies, under suitable controls to ensure including cosponsors Gaylord Nelson, Wil- agreed to. common defense and security, to provide co- liam Proxmire, Clinton P. Anderson, and The resolution, with its preamble, operating nations with the benefits of peace- Henry ‘‘Scoop’’ M. Jackson, and other con- reads as follows: ful uses of atomic energy; and servation allies, including Secretary of the (The resolution will be printed in a Whereas the legacy of the Atomic Energy Interior Stewart L. Udall and Representative future edition of the RECORD.) Act of 1954, with 103 operating nuclear power Morris K. Udall, Senator Humphrey and Rep- plants in the United States providing 20 per- resentative Saylor toiled 8 years to secure f cent of the electricity supply of the United nearly unanimous passage of the legislation, States, is invaluable in providing clean, 78 to 8 in the Senate, and 373 to 1 in the ROLE OF ATOMIC ENERGY ACT IN PEACEFUL USES OF ATOMIC EN- emission-free, reliable power to the United House of Representatives; States: Now, therefore, be it Whereas critical support in the Senate for ERGY Resolved by the Senate (the House of Rep- the Wilderness Act came from 3 Senators Mr. FRIST. Mr. President, I ask resentatives concurring), That Congress— who still serve in the Senate as of 2004: Sen- (1) recognizes that the enactment of the ator Robert C. Byrd, Senator Daniel Inouye, unanimous consent that the Environ- and Senator Edward M. Kennedy; ment and Public Works Committee be Atomic Energy Act of 1954 (42 U.S.C. 2011 et Whereas President John F. Kennedy, who discharged from further action on S. seq.) was an essential step in the develop- came into office in 1961 with enactment of Con. Res. 151, and the Senate now pro- ment and use of a range of civilian nuclear wilderness legislation part of his administra- technologies to the benefit of humanity; ceed to its consideration. (2) commends and remembers the authors tion’s agenda, was assassinated before he The PRESIDING OFFICER. Without could sign a bill into law; of the original Atomic Energy Act of 1954 for Whereas 4 wilderness champions, Aldo objection, it is so ordered. their foresight and leadership; and Leopold, Olaus Murie, Bob Marshall, and The clerk will report the concurrent (3) commemorates the role played by Howard Zahniser, sadly, also passed away be- resolution by title. President Dwight David Eisenhower in his fore seeing the fruits of their labors ratified The legislative clerk read as follows: historic Atoms for Peace speech and the by Congress and sent to the President; leadership he demonstrated in recognizing 50 A concurrent resolution (S. Con. Res. 151) Whereas President Lyndon B. Johnson years ago that the benefits of nuclear tech- recognizing the essential role that the Atom- signed into law the Wilderness Act in the nologies would be realized only through a ic Energy Act of 1954 has played in develop- Rose Garden on September 3, 1964, estab- careful national and international system of ment of peaceful uses of atomic energy. lishing a system of wilderness heritage as control, regulation, and use. President Kennedy and the conservation There being no objection, the Senate community had so ardently envisioned and proceeded to consider the concurrent f eloquently articulated; resolution. Whereas now, as a consequence of wide Mr. FRIST. I ask unanimous consent popular support, the people of the United KILAUEA POINT NATIONAL WILD- that the resolution be agreed to, the States have a system of places wild and free LIFE REFUGE EXPANSION ACT preamble be agreed to, the motion to for the permanent good of the whole people OF 2004 of this great Nation; reconsider be laid upon the table, and Whereas over the past 40 years the system that any statements relating to the Mr. FRIST. Mr. President, I ask for protecting an enduring resource of wil- resolution be printed in the RECORD. unanimous consent that the Environ- derness has been built upon by subsequent The PRESIDING OFFICER. Without ment and Public Works Committee be Presidents, successive leaders of Congress, discharged from further consideration and experts in the land managing agencies objection, it is so ordered. within the Departments of the Interior and The concurrent resolution (S. Con. of H.R. 2619, and that the Senate then Agriculture; Res. 151) was agreed to. proceed to its immediate consider- Whereas today that system is 10 times The preamble was agreed to. ation. larger than when first established; The concurrent resolution, with its The PRESIDING OFFICER. Without Whereas the Wilderness Act instituted an preamble, reads as follows: objection, it is so ordered. unambiguous national policy to recognize the natural heritage of the United States as S. CON. RES. 151 The clerk will report the bill by title. a resource of value and to protect that wil- Whereas the Atomic Energy Act of 1954 (42 The legislative clerk read as follows: derness for future generations to use and U.S.C. 2011 et seq.) followed and sought to A bill (H.R. 2619 ) to provide for the expan- enjoy as previous and current generations implement the Atoms for Peace speech of sion of Kilauea Point National Wildlife Ref- have had the opportunity to do; President Dwight David Eisenhower in De- uge. Whereas since 1964, when the first 9,000,000 cember 1953, which provided the United acres of wilderness were included by Con- States and the world with a blueprint for There being no objection, the Senate gress, more than 110 additional laws have commercial development of atomic energy to proceeded to consider the bill. been passed to build the National Wilderness the benefit of humanity; Mr. FRIST. I ask unanimous consent Preservation System to its current size of Whereas the Atomic Energy Act of 1954 de- that the bill be read a third time and 106,000,000 acres; fined mechanisms for the production, con- Whereas wild places protected in per- trol, and use of nuclear materials; passed, the motion to reconsider be petuity can currently be found and enjoyed Whereas the Atomic Energy Act of 1954 laid upon the table, and that any state- in 44 of the Nation’s 50 States; provided the initial framework for regula- ments relating thereto be printed in Whereas this wealth of the heritage of the tion of nuclear material and facilities and the RECORD, without intervening ac- United States can be seen today from Alaska provided recognition that such control is tion or debate. to Florida in over 650 units, from Fire Island necessary in the national interest to ensure The PRESIDING OFFICER. Without in New York’s Long Island South Shore and the common defense and security and to pro- Ohio’s West Sister Island in Lake Erie, to far tect the health and safety of the public; objection, it is so ordered. larger Mojave in eastern California and Ida- Whereas the Atomic Energy Act of 1954 The bill (H.R. 2619) was read the third ho’s River of No Return; recognized the need for development and use time and passed.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12020 CONGRESSIONAL RECORD — SENATE December 8, 2004 AMENDING SECTION 227 OF COM- Mr. FRIST. I ask unanimous consent that point in time, the bald eagle has MUNICATIONS ACT OF 1934 RE- that the bills be read a third time, represented the spirit of America: our LATING TO JUNK FAX TRANS- passed en bloc, the motions to recon- liberty, our freedom, our democracy, MISSIONS sider be laid upon the table, and that and our strength. Mr. FRIST. I ask unanimous consent any statements be printed in the I mention consideration of this bill in that the Senate proceed to the imme- RECORD. part to give tribute to the extraor- diate consideration of Calendar No. 741, The PRESIDING OFFICER. Without dinary dedication and work of Al S. 2603. objection, it is so ordered. Cecere, who is president of the Amer- The PRESIDING OFFICER. The The bill (H.R. 2457) was read the third ican Eagle Foundation, and his col- clerk will report the bill by title. time and passed. leagues. The foundation is located in The legislative clerk read as follows: The bill (H.R. 3785) was read the third Pigeon Forge, TN. It is a remarkable foundation that cares for and studies A bill (S. 2603) to amend section 227 of the time and passed. Communications Act of 1934 (47 U.S.C. 227) f and shares with the public several non- relating to the prohibition on junk fax trans- releasable eagles at Dollywood’s Eagle missions. AUTHORIZING SALARY ADJUST- Mountain Sanctuary, which is a very MENTS FOR JUSTICES AND There being no objection, the Senate large aviary there. JUDGES OF THE UNITED STATES Many Americans have seen this spe- proceeded to consider the bill. FOR FISCAL YEAR 2005 Mr. FRIST. I ask unanimous consent cific symbol as they watched the Foun- that the McCain amendment at the Mr. FRIST. Mr. President, I ask dation’s most famous member, a beau- desk be agreed to, the bill, as amended, unanimous consent that the Senate tiful bald eagle called Challenger, a be read a third time, the motion to re- proceed to the immediate consider- truly majestic bird, because it makes consider be laid upon the table, and ation of H.R. 5363, which is at the desk. regular appearances all over this coun- that any statements relating to the The PRESIDING OFFICER. The try, at the U.S. Capitol and most of the major sporting events and other large bill be printed in the RECORD. clerk will report the bill by title. The PRESIDING OFFICER. Without The legislative clerk read as follows: indoor and outdoor gatherings objection, it is so ordered. A bill (H.R. 5363) to authorize salary ad- throughout this country, all of which The amendment (No. 4086) in the na- justments for Justices and judges of the are celebrating the various aspects of ture of a substitute was agreed to. United States for fiscal year 2005. American life. I want to pay tribute to my col- (The amendment is printed in today’s There being no objection, the Senate league, Tennessee Senator LAMAR RECORD under ‘‘Text of Amendments.’’) proceeded to consider the bill. ALEXANDER, for his dedicated and dili- The bill (S. 2603), as amended, was Mr. FRIST. I ask unanimous consent gent work of signing up 70 of our col- read the third time and passed. that the bill be read a third time and leagues in support of the bill, and Sen- f passed, the motion to reconsider be laid on the table without any inter- ator LANDRIEU for being an original co- INTELLIGENCE AUTHORIZATION vening action or debate, and any state- sponsor of the Senate bill. I want to ACT FOR FISCAL YEAR 2005 ments be printed in the RECORD. thank our House colleague, BILL JEN- Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. Without KINS, for his extraordinary leadership that the Senate now proceed to the objection, it is so ordered. on the issue. He took the lead there in conference report to accompany H.R. The bill (H.R. 5363) was read the third signing up over 300 House cosponsors of 4548, the intelligence reauthorization time and passed. the bill, assisted by several of his House colleagues, most particularly bill, provided that the conference re- f port be adopted, the motion to recon- Congressman HAROLD FORD. sider be laid upon the table, and that AMERICAN BALD EAGLE RECOV- Again, a majestic bird, a majestic any statements relating to the con- ERY AND NATIONAL EMBLEM symbol of so much of what we do on ference report be printed in the COMMEMORATIVE COIN ACT the floor of the Senate, was honored through this bill, the American Bald RECORD. Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. Without that the Senate proceed to the imme- Eagle Recovery and National Emblem objection, it is so ordered. diate consideration of H.R. 4116, which Commemorative Coin Recovery Act. Mr. ALEXANDER. Mr. President, I The conference report was agreed to. is at the desk. rise today to commend and thank my The PRESIDING OFFICER. The f colleagues in the Congress for consid- clerk will report the bill by title. ering H.R. 4116, the American Bald CASTILLO DE SAN MARCOS NA- The legislative clerk read as follows: TIONAL MONUMENT PRESERVA- Eagle Recovery and National Emblem TION AND EDUCATION ACT A bill (H.R. 4116) to require the Secretary Commemorative Coin Act. I was proud of the Treasury to mint coins celebrating the recovery and restoration of the American to sponsor the companion bill in the bald eagle, the national symbol of the United Senate. LAND EXCHANGE IN EVERGLADES States, to America’s lands, waterways, and The act authorizes the U.S. Mint to NATIONAL PARK skies and the great importance of the des- issue commemorative coins ‘‘cele- Mr. FRIST. Mr. President, I ask ignation of the American bald eagle as an brating the recovery and restoration of unanimous consent that the Energy ‘‘endangered’’ species under the Endangered the American bald eagle, the national Committee be discharged from further Species Act of 1973, and for other purposes. symbol of the United States, to Amer- consideration of H.R. 2457 and the Sen- There being no objection, the Senate ica’s lands, waterways, and skies’’ in ate proceed to its consideration in con- proceeded to consider the bill. 2008. The proceeds from these coins, junction with Calendar No. 653, H.R. Mr. FRIST. Mr. President, I do want which are expected to exceed $1 mil- 3785, en bloc. to say a word about H.R. 4116, a bill re- lion, will go to the American Eagle The PRESIDING OFFICER. Without quiring the U.S. Mint to produce coins Foundation of Pigeon Forge, TN. The objection, it is so ordered. celebrating the recovery and restora- foundation intends to use these funds The clerk will report the bills by tion of America’s greatest symbol; that for a national competitive grant pro- title. is, the American bald eagle. The program to support eagle recovery, edu- The legislative clerk read as follows: ceeds from these coin sales will be used cation, and other related conservation A bill (H.R. 2457) to authorize funds for an to establish the American Eagle Fund, efforts. educational center for the Castillo de San which is a special endowment to assure The American bald eagle is not just Marcos National Monument, and for other the ongoing care and protection of this another bird. It is one of the most rec- purposes. symbol of our freedom. ognized symbols of our Nation. Since A bill (H.R. 3785) to authorize the exchange As many of our colleagues know, in the Second Continental Congress se- of certain land in Everglades National Park. 1782 our Nation’s Founding Fathers es- lected the bald eagle as our national There being no objection, the Senate tablished the bald eagle as the national emblem in 1782, the image of the bald proceeded to consider the bills en bloc. emblem of the United States. Since eagle has come to represent two core

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12021 values for all Americans: freedom and The Senate has condemned the wide- election irregularities and that the reported democracy. spread fraud in the November 21 runoff results do not reflect the will of the people of Like the bald eagle, the American between Mr. Yushchenko and Prime Ukraine; Eagle Foundation is not just a Ten- Minister Yanukovych, and called for a Whereas the Ukrainian Supreme Court nessee treasure, but a national one. blocked the publication of the official runoff peaceful resolution to the political sit- election results stating that Mr. The work done by the American Eagle uation in Ukraine. Yanukovych was the winner, thus preventing Foundation has been critical to helping The rule of law must prevail. Fair his inauguration as President of Ukraine bring the American bald eagle back and free elections are what the hun- until the court examined the reports of voter from the brink of extinction. The bald dreds of thousands of Ukrainian dem- fraud; eagle now soars above every State ex- onstrators have been demanding. I am Whereas on November 27, 2004, the Par- cept Hawaii. With the continued suc- pleased that the Senate is going to pass liament of Ukraine passed a resolution de- cess of programs and efforts of the this resolution expressing support for a claring that there were violations of law dur- American Eagle Foundation and other peaceful and legal outcome that rep- ing the runoff election but on November 30, resents the will of the Ukrainian peo- 2004, with support from progovernment and groups, the American bald eagle may communist parties, canceled the resolution; soon be ‘‘de-listed’’ from the Endan- ple. Whereas 15 eastern and southern regions in gered Species Act. Mr. FRIST. Mr. President, I ask Ukraine that supported the candidacy of Mr. Senator LANDRIEU and I have worked unanimous consent that the resolution Yanukovych threatened to split off from the hard to pass this bill in the Senate, and be agreed to, the preamble be agreed country if an illegitimate president were to Tennessee Congressmen BILL JENKINS to, the motion to reconsider be laid come to power; and HAROLD FORD led the bipartisan ef- upon the table, and that any state- Whereas on December 1, 2004, the Par- fort in the House of Representatives. ments relating to this matter be print- liament of Ukraine passed a no confidence Al Cecere, President of the American ed in the RECORD. motion in the cabinet of Prime Minister Yanukovych as approximately 100,000 sup- Eagle Foundation, worked tirelessly to The PRESIDING OFFICER. Without objection, it is so ordered. porters of Mr. Yushchenko demonstrated in assemble a national coalition of eagle front of the parliament building; supporters, and his face has been a wel- The resolution (S. Res. 487) was Whereas Mr. Yanukovych and Mr. come sight in the halls of Congress agreed to. Yushchenko, along with European mediators over the last year. The preamble was agreed to. and current Ukraine President Leonid Al was regularly accompanied by The resolution, with its preamble, Kuchma, began discussions on December 1, Challenger, a 16-year-old American reads as follows: 2004, to attempt to work out a resolution to bald eagle that has brought this cam- S. RES. 487 the standoff; paign to life. Many Americans have Whereas on November 21, 2004, Ukraine Whereas on December 3, 2004, the Ukrain- held a presidential runoff election between ian Supreme Court ruled that the November seen Challenger perform, flying into 21, 2004, runoff election was invalid and or- the World Series, professional and col- former Prime Minister and opposition candidate Victor Yushchenko and current Prime dered a new vote on December 26, 2004; lege football games, and other events. Minister Victor Yanukovych; Whereas on December 8, 2004, the Par- Now many Congressmen and Senators Whereas the Ukrainian Central Election liament of Ukraine passed electoral changes have met Challenger, too. Commission reported that Mr. Yanukovych to reform the Central Election Commission We should all be proud to have taken won 49.42 percent of the vote and Mr. and close loopholes for fraud, as well as con- this step, today, to commemorate and Yushchenko won 46.7 percent of the vote in stitutional changes to reduce the power of support our national symbol, the the runoff election, despite the fact that sev- the President of Ukraine; and American bald eagle. eral exit polls indicated that Mr. Whereas the manner in which this crisis is Yushchenko secured significantly more votes resolved will have significant implications Mr. FRIST. I ask unanimous consent for the perceptions of the democratic institu- that the bill be read a third time and than Mr. Yanukovych; Whereas the International Election Obser- tions of Ukraine by the international com- passed, the motion to reconsider be vation Mission from the Organization for Se- munity: Now, therefore, be it laid upon the table, and that any state- curity and Cooperation in Europe (OSCE) de- Resolved, That the Senate— ments be printed in the RECORD. termined that the runoff election did not (1) condemns the widespread fraud in the The PRESIDING OFFICER. Without meet international standards for democratic November 21, 2004, runoff presidential elec- objection, it is so ordered. elections, and specifically declared that tion in Ukraine; and The bill (H.R. 4116) was read the third state resources were abused to support the (2) supports a peaceful political and legal time and passed. candidacy of Prime Minister Yanukovych; settlement in Ukraine that is based on the principles of democracy and reflects the will f Whereas the Committee of Voters of Ukraine, a nongovernmental electoral orga- of the people of Ukraine. PRESIDENTIAL RUNOFF ELECTION nization in Ukraine, reported on illegal vot- f ing by absentee ballot, multiple voting, as- IN UKRAINE RELIEF OF TANYA ANDREA Mr. FRIST. Mr. President, I ask saults on electoral observers, journalists and the use of counterfeit ballots; GOUDEAU unanimous consent that the Senate Whereas such reports of fraud were also Mr. FRIST. Mr. President, I ask proceed to the immediate consider- echoed by Senator Richard Lugar of Indiana, unanimous consent that the Judiciary ation of S. Res. 487 which was sub- Chairman of the Committee on Foreign Re- Committee be discharged from further mitted earlier today. lations of the Senate, an observer to the run- consideration of H.R. 530 and the Sen- The PRESIDING OFFICER (Mr. WAR- off election designated by President George ate proceed to its immediate consider- NER). The clerk will report the resolu- W. Bush; tion by title. Whereas since November 22, 2004, tens of ation. The legislative clerk read as follows: thousands of people have engaged in peaceful The PRESIDING OFFICER. Without A resolution (S. Res. 487) expressing the demonstrations in Kiev, Ukraine, to protest objection, it is so ordered. sense of the Senate regarding the November the declaration by the Central Election Com- The clerk will report the bill by title. 21, 2004, Presidential runoff election in mission of Mr. Yanukovych as the winner of The legislative clerk read as follows: Ukraine. the runoff election; A bill (H.R. 530) for the relief of Tanya An- Whereas antigovernment protests in sup- drea Goudeau. There being no objection, the Senate port of opposition candidate Mr. Yushchenko proceeded to consider the resolution. took place in cities throughout Ukraine, and There being no objection, the Senate Mr. REID. Mr. President, over the several city councils adopted resolutions proceeded to consider the bill. last 17 days we have all watched with that declared Mr. Yushchenko as the legally Mr. FRIST. Mr. President, I ask interest as the human yearning for elected president; unanimous consent the bill be a third freedom surged through the streets of Whereas on November 23, 2004, opposition read time and passed, the motion to re- Ukraine. candidate Mr. Yushchenko declared victory consider be laid upon the table, and After an election marred by vast in the runoff election; that any statements relating to the fraud and corruption, hundreds of thou- Whereas the United States has called for a complete and immediate investigation into bill be printed in the RECORD. sands of supporters of the opposition the conduct of the runoff election to examine The PRESIDING OFFICER. Without candidate, Mr. Yushchenko, have fully the reports of fraud and corruption; objection, it is so ordered. raised their voices for democracy, le- Whereas the European Union has also stat- The bill (H.R. 530) was read a third gitimacy and fairness. ed that authorities in Ukraine must redress time and passed.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12022 CONGRESSIONAL RECORD — SENATE December 8, 2004 AUTHORIZATION TO MAKE talk directly about how that affects income seniors will receive a $600 an- APPOINTMENTS them in their everyday lives in Ten- nual subsidy in extra assistance to help Mr. FRIST. Mr. President, I ask nessee. Thus, I would like to take these pay for their prescription drugs. I men- unanimous consent that notwith- moments to speak directly to my fel- tion it now because if low-income sen- standing the upcoming adjournment of low Tennesseans about how what we iors apply for the card, they get $600 the Senate, the President of the Sen- have accomplished here in Washington over the next 30 days and then another ate, the President pro tempore, and the will benefit the States. $600 after January 1 for next year. If majority and minority leaders be au- It begins with that first reform bill, a you do not apply for the card today and thorized to make appointments to com- bill that strengthened and improved wait until after January 1, you only missions, committees, boards, con- Medicare for the first time in 40 have that $600. I encourage seniors, es- ferences, or interparliamentary con- years—really since the inception of pecially low-income seniors who have ferences authorized by law, by concur- that program. Medicare will offer a re- not applied for that card, to do so rent action of the two Houses, or by form which allows the provision of af- today. order of the Senate. fordable health care for prescription As I have said many times in the The PRESIDING OFFICER. Without drugs. It is truly remarkable looking Senate, if you are listening to me now objection, it is so ordered. back. We have a health care plan, a through our radio or C–SPAN, I encour- health care program that focuses on age you, if you do not have the card, f our seniors’ security, the health secu- call 1–800–Medicare tomorrow and ask SIGNING AUTHORIZATION rity for our seniors, and it has been what that card can do for you. The ben- without prescription drugs. Up until Mr. FRIST. Mr. President, I ask efits are huge. I encourage seniors to passage of this bill, the seniors have unanimous consent that during this ad- take advantage of it. been denied coverage under Medicare journment of the Senate, the majority In addition to that major reform of for outpatient prescription drugs. Yet leader be authorized to sign duly en- Medicare, we passed $350 billion in tax today—very different than even 20 or rolled bills or joint resolutions. relief, which is the third largest tax even 10 years ago—we know that pre- The PRESIDING OFFICER. Without cut in history. We have cut taxes scription drugs are the most powerful objection, it is so ordered. across the board for 136 million hard- tool in the arsenal of modern medicine working, tax-paying Americans. For f in order to treat illness and to prevent Tennessee, that includes 1.7 million VOTE EXPLANATION illness. who saw their tax bills go down in the Under the new Medicare law, seniors year 2003 because of this legislation. It Mr. FRIST. Mr. President, due to an will now have access to a prescription unfortunate family health situation, comes down to the philosophy, the be- drug benefit that will begin in January lief we have that taxes are the people’s Senator HATCH was unable to be of 2006. present on the floor of the Senate money, not the Government’s money. Over 40 million seniors and individ- We think Americans simply pay too today. If he had been able to attend to- uals with disabilities will soon enjoy day’s vote on the conference report to much, and thus this Senate acted, and true health care security. Without in- people’s taxes have all gone down. accompany S. 2845, the intelligence re- cluding prescription drugs, there is no Our goal is straightforward: To put form bill, he would have voted for pas- way we can look a senior in the eye— more money back into the pockets of sage of the report. it might be your mom, your dad, your hard-working Americans, thereby giv- f grandparents—and say: Our governing those Americans the opportunity ment is going to help you with health THE 108TH CONGRESS to save for the future, to invest, to care security. It is impossible because spend on their children, their chil- Mr. FRIST. Mr. President, as I men- up until now prescription drugs simply dren’s education or school books or tioned earlier, we will shortly be clos- were not included. But they are today school supplies, buying that computer ing the Senate. But while we are wait- because of the leadership, the efforts, or being able to go on the Internet— ing to process some of the paperwork, I and hard work of my colleagues in the those tangible items, those real advan- would like to make several brief state- Senate. ments, the first of which looks back at How many Tennesseans does that af- tages that were made possible because what has truly been an extraordinary fect? There are 40 million seniors and of action in this Congress. period of legislative progress during individuals with disabilities nation- That is the same reason we acted to this 108th Congress. From tax cuts to wide affected by this legislation. In extend key parts of the President’s tax intelligence reform, we took on the big Tennessee, there are 870,000 Tennessee relief plan for middle-class families. issues, and we made great strides for seniors who will benefit from this pro- What does that mean? It means the the American people. vision we passed in this Senate. marriage penalty. We acted to give One major reform bill over a congres- In October, I joined my staff as we true marriage penalty relief, and we sional term is remarkable. Two makes crisscrossed the great State of Ten- acted to extend that key part of the this Congress truly unique. In both nessee, describing to and helping peo- President’s plan. The $1,000-per-child cases, efforts at reform have been sty- ple enroll in the prescription card drug tax credit we acted to extend through mied for decades. The 108th Congress fi- program we passed. We wanted to let the year 2010. We made sure low-in- nally broke through the logjam and de- seniors know in these town meetings, come Americans will continue to ben- livered for the American people. seniors at retirement homes and retire- efit from that very low 10-percent tax Our mission in the 108th Congress ment centers who are currently eligible bracket, benefiting in a direct fashion. was clear—to expand freedom and op- for a Medicare-approved discount card The Jobs and Growth Act of 2003, portunities, and to strengthen Amer- which offers them savings of anywhere which we passed and was signed by the ica’s security. As we return to our from 10 percent of what they are pay- President, also provided Federal funds home States over the course of the ing today to 20 percent, 25 percent on for States to carry out essential gov- afternoon and tonight and over the average, and sometimes as high as 50, ernment services and to pay for Fed- next several days, we can all be proud 60, and 70 percent. We realized the im- eral mandates, mandates passed on to of what we have accomplished. pact of this legislation when we wit- the States. How much does that mean? As majority leader, most of the time nessed how much they were paying for We are always talking about such big I spend on the floor focuses on floor ac- their prescription drugs when we con- dollars. For the State of Tennessee tivity and events that are important to trast it—it is all on the Internet that provision of funds amounted to $97 the entire country. today—with what they can save by million for 2003 and another $97 million What I would like to do for several having that prescription drug card for 2004. minutes is to speak directly to my fel- which seniors are eligible for today. Regarding Medicaid, an issue that is low Tennesseans who see me many In addition to that average 10 to 25 receiving a lot of focus in my own times working for the large domestic percent average discount, and some- State of Tennessee—how best to reform issues and sometimes do not hear me times 50, 60, 70 percent discounts, low- Medicare so that it can be sustained

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12023 over a period of time—Tennessee re- our congressional colleagues in the programs, if you put them all together, ceived $264 million for Medicaid for 2003 House of Representatives. essentially did not grow with inflation and received $193 million for 2004. One cannot go to Tennessee without at all. It is that sort of fiscal discipline An area that does directly affect Ten- hearing—and it does not apply just to we are going to have to engage in and nesseans—did not affect all States but Tennessee—about the growing prob- reflect again and again in the next did affect about one out of five States lems of methamphetamines. Metham- year, in the next Congress, in the next in this country—that was part of tax phetamines are sometimes called the several Congresses, as we address the reform we addressed in this Congress poor man’s cocaine. Meth is highly ad- deficit, which is one of our greatest and that we passed in this Congress is dictive, and it is an extremely dan- challenges today, and the debt that the sales tax deductibility. Tennessee gerous drug. You see the ravages in this country has. is one of a small number of States rural communities and in the urban So as I read through some of these which does not impose State income areas throughout Tennessee. Commu- projects, I want to preface it by saying tax. We do not have a State income tax nities are being torn apart. Crime is these projects and the projects of all in Tennessee. In the past, when tax being driven up. Drug addiction is on the other Members on the floor of this time arrived, that fact put Tennesseans the rise, as is the cost of methamphet- Senate and the House of Representa- at an unfair disadvantage. But that is amines. Tennessee has been hit hard. tives, if you put them together, do not no longer the case because of action in Our State is now one of the top five grow the Government. In fact, in infla- the Senate. Because of the action we methamphetamine-producing States in tion-adjusted dollars actually they are took in the 108th Congress, sales taxes the Nation. It has to stop. We will stop being cut. So our Government is being can now be deducted in States that do it. fiscally responsible. Again, to me that not impose a State income tax. As a re- In response to this rising problem, we is remarkable, and the press really has sult, about a quarter of Tennesseans passed the Methamphetamine Task not talked much about that. filing their taxes for 2004 will save an Force Act. States will get extra help to There are several things I want to average of $470 on their taxes. specifically tackle meth. In Tennessee, mention that really do show we are fo- In addition to making the tax system we will receive an additional $2 million cusing on Tennessee and are things more equitable for Tennesseans, there for the East Tennessee Methamphet- that are a benefit to Tennessee. One is is another provision passed in this Sen- amine Task Force. I am hopeful that, the Chickamauga Lock in east Ten- ate that very directly impacted farm- coupled with tough law enforcement, nessee, with $18 million in total fund- ers in Tennessee and the farming fami- we will bring down the sales and meth- ing. lies in Tennessee. That is the quota amphetamine use and will help shut I have to congratulate my colleague, system that had previously applied to down those labs and lock up the dealers Congressman ZACH WAMP, who has tobacco. Quota owners and growers will who are peddling this poison. worked so hard on this particular lock now receive their fair compensation. In There is a whole range of other pro- over the years. We focused on funding the construc- total, the tobacco buyout was $767 mil- grams that are critically important to tion of critical facilities and infra- lion to Tennessee’s tobacco commu- Tennesseans that we addressed in the structure at Fort Campbell, where the 108th Congress. The omnibus bill, nities over the next 10 years. Farmers 101st Airborne is. It is on the border of which we just passed in the Senate, will get a fair deal, and the State will Tennessee and Kentucky. reap the economic rewards. now several weeks ago, the bill that We focused on the Clarksville-Mont- Another area where we tackled real was sent to the House just 2 days ago gomery County School System with $4 reform for Tennessee, really for the and will be signed by the President million because there are an additional whole Tennessee Valley, focused on the within a few days, was a remarkable 1,000 students who will come through Tennessee Valley Authority Board bill bill. Yes, it was a large number of ap- that school system because of the turn- this Senate passed. This legislation ex- propriations bills. over of soldiers at Fort Campbell. pands and restructures the board of di- In the next Congress we are going to About 850 soldiers will be coming in, rectors for the Tennessee Valley Au- do better. We are going to systemati- and we need to match that infusion of thority, or TVA, and brings it in line cally, through the budgeting process soldiers with an infusion of funds for and modernizes it, brings it up to date and through the appropriations proc- their children. with the management structure of cor- ess, with full transparency and with In Jackson, TN, an appropriation was porations of similar size and scope. the appropriate time, address the budg- given to rebuild public housing due to The TVA for too long had a board eting and spending mechanisms and the tremendous loss suffered by area structure that was aligned into a process in the Senate. But although residents in that region with the 2003 framework of about 70 years ago and the press has talked about this bill and tornadoes. that inhibited its ability to react, to be the way it came through, I am very Over in west Tennessee, the Memphis flexible, to be nimble, to be responsive, proud of the bill. Biotech Foundation had an initiative and, I argue, to be fully accountable— Why do I say that? Because if we that will establish Memphis and that all of which is absolutely necessary to look at what we accomplished, we ac- whole midsouth region as one of the this changing environment we have as complished slowing spending to a level, national leaders and eventually the we look at our energy needs all over for nonsecurity, nonhomeland security, world leader in the biomedical indus- the great State of Tennessee and and nondefense—which we all under- try. throughout the valley. stand we are going to have to invest in We focused on science and tech- It is interesting to me because I first heavily now and heavily in the future, nology. We do not talk as much about introduced that bill in 1997. Nothing given the war on terrorism and the im- science and technology on this floor as moves quickly in the Senate. Indeed, it portance of homeland security and es- I would like. We had a huge focus in took 7 years for that bill, introduced in tablishing a strong structure; we know Tennessee at Oak Ridge National Labs. 1997, to pass, which it did about 3 weeks we are going to have to continue to in- There are some major projects there, ago. It was endorsed by the Tennessee vest there heavily—but if you set that about $296 million worth in this par- Valley Public Power Association, aside and you look at all other what is ticular bill that focused on things such which is the organization representing called discretionary spending, all as the Advanced Scientific Computing TVA’s power distributors. We passed spending other than for security and Research, ASCR, program there, which the bill, a real accomplishment in the homeland security, and defense, the has great implications as its com- 108th Congress. overall growth was essentially zero in puting power can be used by other lab- Another local issue but an issue that this spending bill. It comes out to oratories and scientists and people inas a physician is very important for me about .8 percent or .83 percent but less terested in technology and students to address with my colleagues—and than 1 percent, which is less than half and academicians in private industry again, all of these accomplishments, I of inflation. and our military all over the world. should say up front, we were working So as we passed this huge bill coming There is the University of Tennessee hand in hand with Senator ALEXANDER, through, we were fiscally responsible, designation for the Southeastern Re- my colleague in the Senate, as well as fiscally responsible to the point that gional Sun Grant Center, looking at

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12024 CONGRESSIONAL RECORD — SENATE December 8, 2004 energy and biobased energy to help for paperwork, to follow up on some- said 4 years ago: My No. 1 priority is solve the energy problems that we all thing I just mentioned; and it is on the going to be education. Sure enough, know must be addressed by this coun- subject of education. It has to do with working in a bipartisan way in this try when we have 60-percent depend- an announcement that most of us saw body, we passed a huge reform, No ence on foreign sources of oil in this in the newspaper a couple days ago. Child Left Behind. This Republican-led country. The report came out last week. It is Congress, the President of the United There is a $3.5 million appropriation this: The United States, when you com- States were absolutely committed to in this 2005 appropriations conference pare us to 28 other industrialized coun- saying: The status quo is unsatisfac- report for the acquisition of the Walls tries, and you look at math literacy for tory. We believed that every single of Jericho, which is located on the 15-year-olds, you would guess that we child has that right to learn. And it is South Cumberland Plateau along the might be at the top. No. You would our obligation, our responsibility—a Tennessee border with Alabama. The guess we might be No. 5. No. You would lot of people say: No, it is not a Federal Walls of Jericho is considered one of say: Well, the United States of Amer- responsibility, it is everybody’s respon- the most unique and biologically di- ica, we have to be No. 10. No. You sibility—to support the reforms that verse areas in the Southeast United would say, we have to be 15th out of help meet that goal of giving every States. those 29 when you compare us to other child that opportunity to and the right We focused on the 164th Airlift Wing countries. The answer is no. Well, then to learn. and the National Guard in Memphis, you may say: Out of 29 countries surely Three years ago we passed No Child TN, and in west Tennessee, where, at we are 20th, being the most powerful Left Behind. It was landmark legisla- the Memphis-Shelby County Airport, Nation in the world and the most afflu- tion. For the first time it holds Amer- there was a land exchange agreement, ent Nation in the world. And the an- ica’s public schools accountable for re- with the tremendous help of a great swer is no. sults. Students in grades 3 to 8 are now corporation, FedEx, which is based in Out of 29 industrialized countries, for tested every year on basic reading and Tennessee. It involved the airport au- 15-year-olds—my youngest son is 17 math skills. We have to be able to thority, FedEx, and the National years old, so he is 2 years older—we are measure progress over time. Otherwise Guard, and it allowed the 164th Airlift 24th. I did not believe it when I first we will not know whether what we are Wing to build its new facilities and al- saw it, and I called my statistician doing in terms of getting better teach- lowed FedEx to expand its operations friends, and they said: Yes, it is true. ers, giving teachers better supplies and at the Memphis hub—a real win-win for In fact, everybody agrees it is true. In a better opportunity to teach, we are our military, a real win-win for the re- its most recent round of testing, the not going to know whether anything gion, and a real win-win for a tremen- Program for International Student As- works unless we can measure—and the dous company there that is serving us sessment finds that the United States measurement is under way—and to get every day with our FedEx packages falls behind—again, we are 24th out of parents involved. that we so vitally depend on today. 29—such countries as Finland, Korea, Now we are able, by holding both the Education, I need to not be remiss by Canada, the Czech Republic, Ireland, schools and parents accountable. They mentioning No Child Left Behind. It Luxembourg, Poland, Hungary, Spain, are going to get more involved and continues to provide historic new fund- they are more involved today. We have ing for Tennessee schools. We all saw and, yes, France. Even more depressing than that, given them specific tools to be able to recently where our math standings these dismal results are consistent measure their own child’s progress and internationally in the United States with all the international comparisons. their own child’s school and, if nec- are dismal. I will say something about It is not just this one study, but it is essary, to use public funds to secure that a little bit later if we have not consistent with all other international additional tutoring, public funds that completed our business here shortly. studies. American students lag far be- weren’t there before, but to use those But if you look at one of the things we hind their industrialized counterparts public funds if you need that additional are doing, or you look at really any State—I use Tennessee as an example— in math, reading, and in science across tutoring. We introduced that whole concept Tennessee, for 2003, received $3.4 mil- the board. Contrary to the clamor of that if the school is failing, thus your lion; and for 2004, $3.68 million in Fed- the education lobby, it is not money. child is going to fail; if the whole eral support. We are spending the money. We are People say the Federal Government spending more money than any other school is failing, to give that oppor- is not doing enough in supporting edu- country on education. In fact, we spend tunity to maybe send your child, if cation. The amount that Tennessee— 30 to 80 percent more per pupil than that school is failing, to a better Tennessee is a good example of a any other industrialized nation. school. Maybe it is a school down the State—that is a 64-percent increase in Since 1960, the U.S. has spent nearly road. That is just 3 years ago. In 3 K–12 education funds just from 2002. a trillion dollars on K–12 public edu- short years, these straightforward ac- Just over that 2-year period, there was cation. The result, according to the re- countability measures are getting rean increase in Federal funding for edu- port, current U.S. math scores fall sults. cation of 64 percent. below Latvia. Then we look to the fu- According to a March study by the With this increased funding, and the ture. We know, as we look to the fu- Council of Great Schools, the achieve- new high accountability standards ture, it is going to be based on the in- ment gap in both math and reading be- with No Child Left Behind, Tennessee formation foundation of our economy tween African Americans and Whites will be on the path of achieving aca- today. And if we are going to be com- and Hispanics and Whites is getting demic excellence. petitive, it is clear we are going to narrower in both categories. The Na- In closing, I do wish to express my have to start, because if it is true for tional Assessment of Education gratitude to my fellow Tennesseans for the eighth grade, it is true for the 15- Progress reports that since 2000, math allowing me the real honor to serve year-olds, it is true for the twelfth scores have increased nine points them as one of their two Senators here grade. In all of these we are failing. among fourth graders and five points in Washington, DC. As I look back over If we look to the future, when we among eighth graders. Math scores for the 108th Congress, I really do see a talk about outsourcing jobs, when we low-income fourth graders have im- historic period in our legislative his- talk about global competitiveness and proved even more dramatically, show- tory. I look forward to continuing to our efficiency, none of that matters ing a 14-point gain. Simply by raising work hard on the issues that matter very much unless we have appropriate those education standards, public most to Tennessee and that keep us training and education for our young schools are striving to reach them and moving this great Nation forward. people today who are the workforce of are making progress. f tomorrow. It is an economic reality, The nonpartisan, Denver-based Edu- and we are failing. cation Commission of the States finds EDUCATION Although we just got through the that not since the 1970s have States Mr. FRIST. Mr. President, I will take campaign season, we are looking been so responsive to Federal edu- this opportunity, while we are waiting ahead. Fortunately, President Bush cation reform. One might say better

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12025 late than never, but that would fail to ways. And they have been so beneficial I was on the ground and met with the give proper credit where it is due. The throughout the entire Middle East, refugees and met with the community President deserves great praise for his whether it is in Iraq or all the way leaders. What I saw there was fairly ap- determination to put America’s public across to the country of Africa. He told palling. Thousands of refugees are schools back on track. After three dec- me the story of a field hospital that his housed in dust-covered tents. Many ades of stalled progress, we are turning Government and his military have put more live in makeshift shelters of finally to fact-based scientific solu- in that region of Darfur. gathered wood and plastic sheeting. tions so that all of America’s children Darfur is a region about the size of I spoke with a gentleman named can learn and will learn. France which is in this country with Asman Adam Abdallah. In Darfur, he There is a lot more to do. And as Sudan, the western part of the country had been a man of prominence, an offi- with our intelligence reform bill today, of Sudan. But just the Darfur region is cer of his tribe and a government offi- this is not the end. This is a start. We about the size of France so it is a big cial. He was from a small village in the are going to continue to have appro- area. He told me the story of a hospital Darfur region. It was a village called priate reforms, strengthening programs he has put there and the trust that hos- Jemeza, just north of the regional cap- that we act on here in this body. pital is building. ital of El Fasher. In the next Congress, when it comes For nearly 2 years now the Sudanese During the attack on his village he to education, we will do more to Government has waged war against the became separated from his family. He strengthen our schools and our school people of the Darfur region. Despite didn’t know if they were still alive. I systems so every child has that oppor- two United Nations Security Council asked about his family and he said, ‘‘I tunity to learn. As the President has resolutions, pressure from the inter- don’t know.’’ He didn’t know what set out, since we have already focused national community and neighboring would happen the next week. If you on K–12, we will begin to look at the countries, the Government of Khar- asked, Are you going to be able to go college level and further at that sec- toum continues its genocidal cam- back to your village, he says, I don’t paign. In mid-November Khartoum os- ondary school level. We are committed know. I don’t know about my wife. I tensibly agreed to stop the attacks, but to expanding opportunities for every don’t know about my children. within hours of their agreement, the American to acquire the education and He recounted witnessing 15 men of Sudanese police raided a camp in skills they need to compete and suc- his village summarily murdered. It southern Darfur, destroying homes and ceed in an ever expanding and dynamic took him 18 days to travel from that driving out civilians. Such attacks still economy. Darfur region across the border into continue. Tens of thousands of inno- Our Founding Fathers, who are cited Chad and to reach the refugee camp of cent victims have died as a result of so frequently and appropriately on this Touloum. Sudanese Government planes this government-condoned and, worse floor, believed deeply that a successful bombarded Asman and his fellow sur- than that, government-sponsored vio- democracy and a viable democracy re- vivors as they trekked first to Tine, a lence. Eight million more have been quires an educated and engaged citi- town right at the border of the Sudan displaced, have been moved out of their zenry. I am confident that by adhering and Chad. homes, have been moved out of their I talked to many refugees, and an- to high standards of achievement and villages, have been transported miles accountability, we will produce an edu- other one in the Touloum camp de- and miles from home, family, and secu- scribed how during a raid on her vil- cation system worthy of their great rity. Entire villages have been burned hopes. lage, several soldiers grabbed a baby to the ground. Women raped, children and they wanted to see what gender or f abducted, executed. sex the baby was. The soldiers began to Special U.N. Envoy Jan Pronk warns DARFUR argue back and forth, with the mother that Darfur is on the brink of anarchy. Mr. FRIST. Mr. President, I want to We can’t stand by as the people of watching, whether to kill the baby boy. comment on one last issue. It is an Darfur suffer. We cannot allow another She overheard one soldier remarking, issue I have brought to the floor many Rwanda. They are calling out to us. ‘‘But this child is so young.’’ It ap- times. The issue I speak of is the issue They are pleading for our help. The peared that the soldiers were under or- of the crisis a long way away from Ten- international community has a responders to kill all male children. I heard another story of a mentally nessee which I just spoke to, a long sibility, a moral obligation to act, to way away from Washington, DC where respond, to act with solution. disabled 15-year-old boy who was we are tonight, and a long way away In August, I had the opportunity to thrown into a burning house, and these from education which I just spoke to travel to Africa which I do at least houses are really huts. He was thrown and which affects our future so much. I once a year. I usually go to the south- into that house to perish. I heard an- want to speak to an issue that focuses ern Sudan, but on this trip I chose to other story of a paralyzed man being on the continent of Africa and a region go to that western region of Sudan, the burned alive in his hut. I heard stories called Darfur. Darfur region. But because of difficul- of women who were raped in front of A few weeks ago the Sudanese Gov- ties with getting into that country and their own children. ernment agreed once more to make the inability to get a visa, I started I asked one refugee in Touloum what peace with its southern region. While over in the country of Chad which is it would take for him to go home. He this is encouraging news, and the inter- west of Sudan. And it is at that Chad- said to me, ‘‘I will go if you’’—pointing national community is hopeful, we Sudanese border that refugees by the to me—‘‘will go with me and stay with must not overlook the crisis that is thousands are fleeing to get out of the me.’’ raging right now, as we speak, in crisis and these vicious attacks in the The Janjaweed attacks described to Darfur. Darfur region. me were so vividly disturbing. You go Last night I had the opportunity, What a wonderful opportunity it was from one camp to another camp, one with several others, in a very casual for me to see refugee camps which had little tent village to another one. The environment to be with His Majesty sprung up to give support to these refu- stories were exactly the same. You the King of Jordan. And it was inter- gees whose families have been frac- know it is not isolated. It is occurring esting. He had met with the President. tured. They didn’t know where their all over the region. You know it is or- And this was an informal gathering spouses were. They had lost their kids. ganized and it is purposeful. The over dinner last night. Refugee camps where 5,000, 10,000, 15,000 Janjaweed are preceded by aerial at- The very first issue he brought up to or 20,000 refugees would come together tacks by the militia. It is preceded by me was, are we making progress in in miserable conditions, but still peo- aircraft flying over; they are govern- Darfur, which is a part of Sudan. And ple coming together, supported by out- ment aircraft. In some cases, soldiers my response was: Not as much as we side groups. in government uniforms participate on need to. One of the refugee camps we visited the ground and make references to ‘‘or- He said: I agree. was in Touloum in Chad, and that is ders from Khartoum.’’ Survivors tell of He told me the story of how his coun- several hours northeast from the cap- racial slurs being hurled at them as the try, Jordan, is addressing it in many ital there in N’Djamena. Janjaweed sweep through the villages

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12026 CONGRESSIONAL RECORD — SENATE December 8, 2004 and kill the men and boys and raze men—really boys—who were powerful, keeping troops into Darfur. Last their homes. big, strong. When I went there, I heard month, the U.N. Secretary Council held The dictatorship in Khartoum says about the 2,000 years of this history of a 2-day meeting in Nairobi, Kenya. At they are not responsible for the wrestling. When I went—and we were that meeting, council members dis- Janjaweed. They tell us officially: We the first relief efforts in there in 15, 20 cussed carrot-and-stick approaches to cannot control what goes on with the years—I found sick people—no wres- bringing Khartoum into compliance Janjaweed. To me, that is hard to be- tlers but thin, emaciated kids, with with international human rights stand- lieve. I believe otherwise. I believe if stunted growth from conditions im- ards. U.N. Ambassador Jack Danforth they were sincere in their efforts to posed on them by the government. has worked hard to press the U.N. to make peace, peace would be at hand. I mentioned to others there is an- take concrete action, and I support The direct line between the govern- other part of the Sudan called Bapong him in this difficult and critical work. ment of Sudan, the Janjaweed, and the in the oil region, in the Upper West I am deeply committed to the future raping and pillaging and burning is so Nile area. There the government was of the Sudanese people. Their plight direct that I am convinced there has to targeting civilians and denying them calls out to all freedom-loving nations. be some sort of order coming from the basic medical needs. Since that time, a As a human being, as a doctor, as a top. But if that same order was re- hospital has been put in that region. I Senator who cherishes life, I believe it versed, coming from the top, the crisis had the opportunity to go back this is our duty to answer that call. would end. That is what I am so hope- past year. Mr. President, I suggest the absence ful about. That is why at 9 o’clock on Sudan does need to be a focus. A lot of a quorum. the Senate floor it is important for our is going on that we can participate in The PRESIDING OFFICER. The voice to be heard. If we don’t recognize reversing. This fall, the Senate and clerk will call the roll. or shine light on that, if we don’t call House unanimously passed resolutions The legislative clerk proceeded to the international community to act, pressing for the immediate suspension call the roll. that order from the government in of Sudan’s membership on the U.N. Mr. FRIST. Mr. President, I ask Khartoum simply will not come, this Commission on Human Rights. Isn’t it unanimous consent that the order for crisis will not stop, and this genocide ironic that you have Sudan in this the quorum call be rescinded. will continue. body of the U.N., after everything that The PRESIDING OFFICER. Without The regime in Khartoum has cyni- I have just said, participating on that objection, it is so ordered. cally concluded that it can survive a Commission on Human Rights? Some- f moderate amount of diplomatic pres- thing is not right. It is hypocritical— SUDDEN OAK DEATH sure and that it can continue the geno- even worse than that. Mr. FRIST. Mr. President, I ask cide. I say cynical because it is wrong. The House and the Senate acted sev- unanimous consent that the Senate When I say it, I am sure people think it eral months ago. All 535 Members proceed to the immediate consider- is wrong, but it is still occurring. agreed that Sudan’s membership on the ation of H.R. 4569, which is at desk. Therefore, we have to shine more light U.N. commission to protect human The PRESIDING OFFICER. The and put on more pressure, and we need rights is a travesty. It is a cruel trick. clerk will report the bill by title. to go not just before the Senate, but we It defies all decency that a nation ac- The legislative clerk read as follows: need to have our media across the tively engaged in genocide against its A bill (H.R. 4569) to provide for the devel- country focus on what is going on with own people could occupy a position of opment of a national plan for the control and the genocide in the Sudan and this honor and authority, a commission in management of Sudden Oak Death, a tree Darfur region. the United Nations supposedly devoted disease caused by the fungus-like pathogen The government in Khartoum be- to human rights. Phytophthora ramorum, and for other pur- lieves it can ignore what is mostly rhe- Mr. President, I do want to applaud poses. torical pressure that has been brought the President of the United States and There being no objection, the Senate to bear by the international commu- Secretary Colin Powell for their efforts proceeded to consider the bill. nity to date. Lip service is being given, to bring accountability to the Khar- Mr. FRIST. I ask unanimous consent but that is just about it. Khartoum be- toum Government. This administration that the bill be read a third time and lieves that the threat of a Chinese veto has shown immense leadership in ad- passed, the motion to reconsider be in the U.N. Security Council will pro- dressing the crisis in Darfur. In fact, laid upon the table and that any state- tect it from more serious sanctions. We we can even be proud. The United ments relating to the bill be printed in must prove them wrong. I am con- States is providing over 80 percent of the RECORD. vinced we can prove them wrong. It is all the supplies from around the world The PRESIDING OFFICER. Without going to take our collective wisdom, going into Darfur and going into Chad objection, it is so ordered. but our collective action. in these refugee camps—more than 80 The bill (H.R. 4569) was read the third For nearly 7 years, I have had the op- percent. time and passed. portunity to travel to Sudan and to Since February of 2003, we have pro- f neighboring countries more in my ca- vided $219 million for Sudan. The ap- SUDDEN OAK DEATH SYNDROME pacity as a doctor, as medical mission propriations bill we just passed pro- CONTROL ACT OF 2004 work, than as a Senator. My first visits vides over $300 million for Sudan in ad- there were in 1998. I had the oppor- ditional support for the African Union Mr. FRIST. Mr. President, I ask tunity to help and participate with a peacekeeping activities. It is going to unanimous consent that the Agri- wonderful group called Well Medical take Africans to solve this problem, culture Committee be discharged from Mission, establishing a hospital in this but it is going to take our support and further consideration of S. 2575 and the region called Lui. I have had the oppor- our authority to help them solve that Senate proceed to its immediate con- tunity to go back many times to that problem. sideration. southern part of Sudan. In September of this year, Secretary The PRESIDING OFFICER. The I remember in the year of 2000 going Powell came before the Senate Foreign clerk will report the bill by title. into the middle part of Sudan, into a Relations Committee and unflinch- The legislative clerk read as follows: region called the Nuba Mountains, a ingly declared the situation in Darfur A bill (S. 2575) to direct the Secretary of village called Kuada. We delivered 35 to be government-sponsored genocide. Agriculture to conduct research, monitoring, management, treatment, and outreach ac- tons of seed and farm tools for about That showed leadership in the same tivities relating to sudden oak death syn- 8,000 families. That was back in 2000. way this body showed leadership when drome and to convene regular meetings of, or Since then, that area has opened up to it, through a resolution, called it geno- conduct regular consultations with, Federal, relief. We were one of the first relief cide. State, tribal, and local government officials airplanes in that region. The Nuba In October, the President of the to provide recommendations on how to carry Mountains are a wonderful part of the United States authorized the use of out those activities. Sudan that has a history rich in tradi- three C–130 transport planes to convey There being no objection, the Senate tion of great Nuba wrestlers—glorious 3,300 Rwandan and Nigerian peace- proceeded to consider the bill.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12027 Mr. FRIST. I ask unanimous consent (B) plants growing within 10 meters of a (3) treat vegetation to prevent fire in areas that the bill be read a third time and host or potential host plant; and heavily infected with sudden oak death syn- passed, the motion to reconsider be (10) several States and Canada have placed drome; and laid upon the table, with no inter- restrictions on the importation of nursery (4) provide grants to local units of govern- vening action or debate, and that any plants from California. ment for hazard tree removal, disposal and recycling, assessment and management of statements relating to the bill be SEC. 3. RESEARCH, MONITORING, AND REGULA- TION OF SUDDEN OAK DEATH SYN- restoration and mitigation projects, green printed in the RECORD. DROME. waste treatment facilities, reforestation, and The PRESIDING OFFICER. Without resistant tree breeding. (a) IN GENERAL.—The Secretary of Agri- objection, it is so ordered. SEC. 5. EDUCATION AND OUTREACH. The bill (S. 2575) was read the third culture (referred to in this Act as the ‘‘Sec- retary’’) shall carry out a sudden oak death (a) IN GENERAL.—The Secretary shall con- time and passed, as follows: syndrome research, monitoring, and regula- duct education and outreach activities to S. 2575 tion program to develop methods to control, make information available to the public on Be it enacted by the Senate and House of Rep- manage, or eradicate sudden oak death syn- sudden death oak syndrome. resentatives of the United States of America in drome from— (b) EDUCATION AND OUTREACH ACTIVITIES.— Congress assembled, (1) trees and shrubs on both public and pri- In carrying out subsection (a), the Secretary SECTION 1. SHORT TITLE. vate land; and may— This Act may be cited as the ‘‘Sudden Oak (2) host plants and potential host plants (1) develop and distribute educational ma- Death Syndrome Control Act of 2004’’. from commercial nurseries. terials for homeowners, arborists, urban for- SEC. 2. FINDINGS. (b) RESEARCH, MONITORING, AND REGULA- esters, park managers, public works per- Congress finds that— TION ACTIVITIES.—In carrying out the pro- sonnel, recreationists, nursery workers, (1) tan oak, coast live oak, Shreve’s oak, gram under subsection (a), the Secretary landscapers, naturists, firefighting per- and black oak trees are among the most be- may— sonnel, and other individuals, as the Sec- loved features of the topography of Cali- (1) conduct open space, roadside, and aerial retary determines appropriate; fornia and the Pacific Northwest and efforts surveys; (2) design and maintain a website to pro- should be made to protect those trees from (2) provide monitoring technique work- vide information on sudden oak death syn- disease; shops with respect to— drome; and (2) the die-off of those trees, as a result of (A) Phytophthora ramorum in wildland (3) provide financial and technical support the exotic fungal pathogen Phytophthora and urban areas; and to States, local governments, and nonprofit ramorum, is approaching epidemic propor- (B) Phytophthora ramorum infestations in organizations providing information on sud- tions; nurseries; den oak death syndrome. (3) native plants and forests must be pro- (3) conduct a comprehensive and bio- SEC. 6. INTERGOVERNMENTAL COMMUNICATION. tected from Phytophthora ramorum; logically sound national survey of forests, (a) SENSE OF CONGRESS.—It is the sense of (4) more information is needed on— plant nurseries, and landscapes that may Congress that close communication between (A) Phytophthora ramorum, including the have been exposed to Phytophthora the affected agencies at all levels of govern- existence of Phytophthora ramorum ramorum, with priority given to surveying ment is required for the programs authorized throughout the United States; and and inspecting plants at commercial nurs- under this Act to be effective. (B) sudden oak death syndrome, includ- eries and adjacent wildlands throughout the (b) REGULAR MEETINGS OR CONSULTA- ing— United States; TIONS.— (i) the causes; (4) develop a comprehensive risk assess- (1) IN GENERAL.—In accordance with sec- (ii) the methods of transmittal; and ment of the threat posed by Phytophthora tion 204(a) of the Unfunded Mandates Reform (iii) the best methods of treatment; ramorum to natural and managed plant re- Act of 1995 (2 U.S.C. 1534(a)), the Secretary (5) the host list for Phytophthora ramorum sources in the United States, including shall convene regular meetings of, or con- includes 60 plant species in 32 genera, includ- modes of transmission and the risk of infes- duct regular consultations with, Federal, ing— tation; State, tribal, and local government officials (A) some of the most popular and economi- (5) conduct a study of a representative for the purpose of providing a means of ex- cally important landscape and garden plants sample of nursery plants imported into the changing information and recommendations in the United States; and United States from Europe, where on how to carry out this Act effectively. (B) wild huckleberry plants, potentially Phytophthora ramorum is known to be (2) REQUIREMENTS.—Meetings or consulta- endangering the commercial blueberry and found; tions conducted under paragraph (1) shall— cranberry industries; (6) develop baseline information on the dis- (A) be conducted in a manner that ensures (6) sudden oak death syndrome threatens tribution, condition, and mortality rates of that the various regions of the United States to create major economic and environmental oaks with Phytophthora ramorum infesta- are represented; and problems in California, the Pacific North- tion; (B) include— west, and other regions, including— (7) maintain a geographic information sys- (i) representatives from the Animal and (A) the increased threat of fire and fallen tem database of Phytophthora ramorum oc- Plant Health Inspection Service; trees; currences; (ii) representatives from the Agriculture (B) the cost of tree removal and a reduc- (8) conduct research on Phytophthora Research Service; tion in property values; and ramorum ecology, pathology, and manage- (iii) representatives from the Cooperative (C) loss of revenue due to— ment in wildland, urban, and nursery set- State Research, Education, and Extension (i) restrictions on the movement of forest tings; Service; products and nursery stock; and (9) evaluate the susceptibility of oak and (iv) representatives from the Forest Serv- (ii) the impact on the commercial nursery other vulnerable species in the United ice; and small fruit industries; States, with priority given to evaluating the (v) representatives from State forester of- (7) in 2002, the Secretary of Agriculture im- susceptibility of commercially important fices; and posed a quarantine on the exportation from nursery species; (vi) State representatives from the Na- 10 counties in northern California and Curry (10) conduct assessments of trees that tional Plant Board. County, Oregon, of oak trees and nursery could pose a hazard due to infestation of SEC. 7. AUTHORIZATION OF APPROPRIATIONS. plants that serve as hosts for Phytophthora Phytophthora ramorum; and There are authorized to be appropriated for ramorum; (11) provide diagnostic services. each of fiscal years 2005 through 2009— (8) on April 9, 2004, after the discovery of (1) to carry out section 3, $25,000,000; Phytophthora ramorum in 2 nurseries in SEC. 4. MANAGEMENT, TREATMENT, AND FIRE (2) to carry out section 4, $18,500,000; and southern California— PREVENTION. (3) to carry out section 5, $700,000. (A) restrictions were placed on the inter- (a) IN GENERAL.—The Secretary shall con- state movement of species that could poten- duct sudden oak death syndrome manage- f ment, treatment, and fire prevention activi- tially serve as hosts to Phytophthora DISTRICT OF COLUMBIA RETIRE- ramorum; and ties. (B) new restrictions were implemented on (b) MANAGEMENT, TREATMENT, AND FIRE MENT PROTECTION IMPROVE- the interstate movement of host plants and PREVENTION ACTIVITIES.—In carrying out MENT ACT OF 2004 potential host plants from all commercial subsection (a), the Secretary shall— Mr. FRIST. I ask unanimous consent nurseries in the State of California that are (1) carry out activities to reduce the threat that the Senate proceed to the imme- outside the 10 quarantined counties; of fire and fallen trees killed by sudden oak diate consideration of H.R. 4657, which (9) on April 22, 2004, the restrictions re- death syndrome; ferred to in paragraph (8)(B) were expanded (2) increase and improve firefighting and is at the desk. to include— emergency response capabilities in areas The PRESIDING OFFICER. The (A) all plants in the same genus as host where fire hazard has increased due to tree clerk will report the bill by title. and potential host plants; and die-off; The legislative clerk read as follows:

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12028 CONGRESSIONAL RECORD — SENATE December 8, 2004 A bill (H.R. 4657) to amend the Balanced features that assist consumers and law en- ‘‘(A) without the authorization of the re- Budget Act of 1997 to improve the adminis- forcement in distinguishing genuine intellec- spective copyright owner has been tampered tration of Federal pension benefit payments tual property products and packaging from with or altered so as to facilitate the repro- for District of Columbia teachers, police offi- counterfeits; duction or distribution of— cers, and fire fighters, and for other pur- (6) in order to thwart these industry ef- ‘‘(i) a phonorecord; poses. forts, counterfeiters traffic in, and tamper ‘‘(ii) a copy of a computer program; There being no objection, the Senate with, genuine authentication features, for ‘‘(iii) a copy of a motion picture or other example, by obtaining genuine authentica- audiovisual work; or proceeded to consider the bill. tion features through illicit means and then ‘‘(iv) documentation or packaging; Mr. FRIST. I ask unanimous consent commingling these features with counterfeit in violation of the rights of the copyright that the bill be read a third time and software or packaging; owner under title 17; passed, the motion to reconsider be (7) Federal law does not provide adequate ‘‘(B) is genuine, but has been distributed, laid upon the table, and that any state- civil and criminal remedies to combat tam- or is intended for distribution, without the ments relating to the bill be printed in pering activities that directly facilitate authorization of the respective copyright counterfeiting crimes; and owner; or the RECORD. (8) in order to strengthen Federal enforce- ‘‘(C) appears to be genuine, but is not.’’; The PRESIDING OFFICER. Without ment against counterfeiting of copyrighted (4) in subsection (c)— objection, it is so ordered. works, Congress must enact legislation (A) by striking paragraph (3) and inserting The bill (H.R. 4657) was read the third that— the following: time and passed. (A) prohibits trafficking in, and tampering ‘‘(3) the counterfeit label or illicit authen- f with, authentication features of copyrighted tication feature is affixed to, is embedded in, works; and or encloses, or is designed to be affixed to, to ANTICOUNTERFEITING ACT OF 2004 (B) permits aggrieved parties an appro- be embedded in, or to enclose— priate civil cause of action. ‘‘(A) a phonorecord of a copyrighted sound SEC. 3. PROHIBITION AGAINST TRAFFICKING IN recording; ANTICOUNTERFEITING ILLICIT AUTHENTICATION FEA- ‘‘(B) a copy of a copyrighted computer pro- AMENDMENTS ACT OF 2004 TURES. gram; (a) IN GENERAL.—Section 2318 of title 18, ‘‘(C) a copy of a copyrighted motion pic- Mr. FRIST. Mr. President, I ask United States Code, is amended— ture or other audiovisual work; or unanimous consent that the Judiciary (1) by striking the heading and inserting ‘‘(D) documentation or packaging; or’’; and Committee be discharged and the Sen- ‘‘Trafficking in counterfeit labels, illicit au- (B) in paragraph (4), by striking ‘‘for a ate proceed to the immediate consider- thentication features, or counterfeit docu- computer program’’; ’’; ation of S. 2227 and H.R. 3632, en bloc. mentation or packaging (5) in subsection (d)— (2) by striking subsection (a) and inserting (A) by inserting ‘‘or illicit authentication The PRESIDING OFFICER. Without the following: features’’ after ‘‘counterfeit labels’’ each objection, it is so ordered. The clerk ‘‘(a) Whoever, in any of the circumstances place it appears; will report the bills by title. described in subsection (c), knowingly traf- (B) by inserting ‘‘or illicit authentication The legislative clerk read as follows: fics in— features’’ after ‘‘such labels’’; and ‘‘(1) a counterfeit label affixed to, or de- A bill (S. 2227) to prevent and punish coun- (C) by inserting before the period at the signed to be affixed to— terfeiting and copyright piracy, and for end the following: ‘‘, and of any equipment, ‘‘(A) a phonorecord; other purposes. device, or materials used to manufacture, re- ‘‘(B) a copy of a computer program; A bill (H.R. 3632) to prevent and punish produce, or assemble the counterfeit labels ‘‘(C) a copy of a motion picture or other counterfeiting of copyrighted copies and or illicit authentication features’’; and audiovisual work; or phonorecords, and for other purposes. (6) by adding at the end the following: ‘‘(D) documentation or packaging; ‘‘(f) CIVIL REMEDIES FOR VIOLATION.— There being no objection, the Senate ‘‘(2) an illicit authentication feature af- ‘‘(1) IN GENERAL.—Any copyright owner proceeded to consider the bills, en bloc. fixed to or embedded in, or designed to be af- who is injured by a violation of this section Mr. FRIST. I ask unanimous consent fixed to or embedded in— or is threatened with injury, may bring a that the bills be read a third time and ‘‘(A) a phonorecord; civil action in an appropriate United States passed and the motions to reconsider ‘‘(B) a copy of a computer program; district court. be laid upon the table, en bloc. ‘‘(C) a copy of a motion picture or other ‘‘(2) DISCRETION OF COURT.—In any action audiovisual work; or brought under paragraph (1), the court— The PRESIDING OFFICER. Without ‘‘(D) documentation or packaging; or ‘‘(A) may grant 1 or more temporary or objection, it is so ordered. ‘‘(3) counterfeit documentation or pack- permanent injunctions on such terms as the The bill (S. 2227) was read the third aging, shall be fined under this title or im- court determines to be reasonable to prevent time and passed, as follows: prisoned for not more than 5 years, or or restrain violations of this section; S. 2227 both.’’; ‘‘(B) at any time while the action is pend- (3) in subsection (b)— ing, may order the impounding, on such Be it enacted by the Senate and House of Rep- (A) in paragraph (2), by striking ‘‘and’’ at terms as the court determines to be reason- resentatives of the United States of America in the end; able, of any article that is in the custody or Congress assembled, (B) in paragraph (3)— control of the alleged violator and that the SECTION 1. SHORT TITLE. (i) by striking ‘‘and ‘audiovisual work’ court has reasonable cause to believe was in- This Act may be cited as the have’’ and inserting the following: ‘‘, ‘audio- volved in a violation of this section; and ‘‘Anticounterfeiting Act of 2004’’. visual work’, and ‘copyright owner’ have’’; ‘‘(C) may award to the injured party— SEC. 2. FINDINGS. and ‘‘(i) reasonable attorney fees and costs; and Congress finds that— (ii) by striking the period at the end and ‘‘(ii)(I) actual damages and any additional (1) American innovation, and the protec- inserting a semicolon; and profits of the violator, as provided by para- tion of that innovation by the government, (C) by adding at the end the following: graph (3); or has been a critical component of the eco- ‘‘(4) the term ‘authentication feature’ ‘‘(II) statutory damages, as provided by nomic growth of this Nation throughout the means any hologram, watermark, certifi- paragraph (4). history of the Nation; cation, symbol, code, image, sequence of ‘‘(3) ACTUAL DAMAGES AND PROFITS.— (2) copyright-based industries represent numbers or letters, or other physical feature ‘‘(A) IN GENERAL.—The injured party is en- one of the most valuable economic assets of that either individually or in combination titled to recover— this country, contributing over 5 percent of with another feature is used by the respec- ‘‘(i) the actual damages suffered by the in- the gross domestic product of the United tive copyright owner to verify that a phono- jured party as a result of a violation of this States and creating significant job growth record, a copy of a computer program, a copy section, as provided by subparagraph (B); and and tax revenues; of a motion picture or other audiovisual ‘‘(ii) any profits of the violator that are at- (3) the American intellectual property sec- work, or documentation or packaging is not tributable to a violation of this section and tor employs approximately 4,300,000 people, counterfeit or otherwise infringing of any are not taken into account in computing the representing over 3 percent of total United copyright; actual damages. States employment; ‘‘(5) the term ‘documentation or pack- ‘‘(B) CALCULATION OF DAMAGES.—The court (4) the proliferation of organized criminal aging’ means documentation or packaging shall calculate actual damages by multi- counterfeiting enterprises threatens the eco- for a phonorecord, copy of a computer pro- plying— nomic growth of United States copyright in- gram, or copy of a motion picture or other ‘‘(i) the value of the phonorecords or copies dustries; audiovisual work; and to which counterfeit labels, illicit authen- (5) the American intellectual property sec- ‘‘(6) the term ‘illicit authentication fea- tication features, or counterfeit documenta- tor has invested millions of dollars to de- ture’ means an authentication feature, tion or packaging were affixed or embedded, velop highly sophisticated authentication that— or designed to be affixed or embedded; by

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12029 ‘‘(ii) the number of phonorecords or copies The amendment (No. 4088) was agreed The PRESIDING OFFICER. Without to which counterfeit labels, illicit authen- to, as follows: objection, it is so ordered. The clerk tication features, or counterfeit documenta- (Purpose: To remove a fiscal year limitation will report the bill by title. tion or packaging were affixed or embedded, from an authorization of appropriations) The legislative clerk read as follows: or designed to be affixed or embedded, unless such calculation would underestimate the On page 4, on lines 5 and 6, strike ‘‘for fis- A bill (H.R. 4027) to authorize the Sec- actual harm suffered by the copyright owner. cal year 2004’’. retary of Commerce to make available to the ‘‘(C) DEFINITION.—For purposes of this The bill (H.R. 2121), as amended, was University of Miami property under the ad- paragraph, the term ‘value of the phono- read the third time and passed. ministrative jurisdiction of the National Oceanic and Atmospheric Administration on record or copy’ means— f ‘‘(i) the retail value of an authorized pho- Virginia Key, Florida, for use by the Univer- norecord of a copyrighted sound recording; AMENDING THE INTERNAL sity for a Marine Life Science Center. ‘‘(ii) the retail value of an authorized copy REVENUE CODE OF 1986 There being no objection, the Senate of a copyrighted computer program; or Mr. FRIST. Mr. President, I ask proceeded to consider the bill. ‘‘(iii) the retail value of a copy of a copy- Mr. FRIST. Mr. President, I ask righted motion picture or other audiovisual unanimous consent that the Senate proceed to the immediate consider- unanimous consent that the bill be work. read a third time and passed, the mo- ‘‘(4) STATUTORY DAMAGES.—The injured ation of H.R. 5394, which is at the desk. tion to reconsider be laid upon the party may elect, at any time before final The PRESIDING OFFICER (Mr. table, and any statements relating to judgment is rendered, to recover, instead of BURNS). The clerk will report the bill actual damages and profits, an award of stat- by title. the bill be printed in the RECORD. The PRESIDING OFFICER. Without utory damages for each violation of this sec- The legislative clerk read as follows: tion in a sum of not less than $2,500 or more objection, it is so ordered. than $25,000, as the court considers appro- A bill (H.R. 5394) to amend the Internal The bill (H.R. 4027) was read the third Revenue Code of 1986 to modify the taxation priate. time and passed. ‘‘(5) SUBSEQUENT VIOLATION.—The court of arrow components. f may increase an award of damages under There being no objection, the Senate this subsection by 3 times the amount that proceeded to consider the bill. COMMERCIAL SPACE LAUNCH would otherwise be awarded, as the court Mr. FRIST. Mr. President, I ask AMENDMENTS ACT OF 2004 considers appropriate, if the court finds that unanimous consent that the bill be Mr. FRIST. Mr. President, I ask a person has subsequently violated this sec- read a third time and passed, the motion within 3 years after a final judgment unanimous consent the Senate proceed was entered against that person for a violation to reconsider be laid upon the to the immediate consideration of H.R. tion of this section. table, and that any statements relating 5382, which is at the desk. ‘‘(6) LIMITATION ON ACTIONS.—A civil action to the bill be printed in the RECORD. The PRESIDING OFFICER. The may not be commenced under this section The PRESIDING OFFICER. Without clerk will report the bill by title. unless it is commenced within 3 years after objection, it is so ordered. The legislative clerk read as follows: the date on which the claimant discovers the The bill (H.R. 5394) was read the third A bill (H.R. 5382) to promote the develop- violation. time and passed. ment of the emerging commercial human ‘‘(g) OTHER RIGHTS NOT AFFECTED.—Noth- space flight industry, and for other purposes. ing in this section shall enlarge, diminish, or f otherwise affect liability under section 1201 AMENDING THE PUBLIC HEALTH There being no objection, the Senate or 1202 of title 17.’’. SERVICE ACT proceeded to consider the bill. (b) TECHNICAL AND CONFORMING AMEND- Mr. FRIST. I ask unanimous consent MENT.—The item relating to section 2318 in Mr. FRIST. Mr. President, I ask the bill be read a third time and the table of sections at the beginning of unanimous consent that the Senate passed, the motion to reconsider be chapter 113 of title 18, United States Code, is proceed to the immediate consider- laid upon the table, and that any state- amended by inserting ‘‘or illicit authentica- ation of H.R. 5204 received from the tion features’’ after ‘‘counterfeit labels’’. ments relating to the bill be printed in House. the RECORD. The bill (H.R. 3632) was read the third The PRESIDING OFFICER. The time and passed. The PRESIDING OFFICER. Without clerk will report the bill by title. objection, it is so ordered. f The legislative clerk read as follows: The bill (H.R. 5382) was read the third EISENHOWER EXCHANGE FELLOW- A bill (H.R. 5204) to amend section 340E of time and passed. SHIP PROGRAM TRUST FUND EN- the Public Health Service Act (relating to Mr. President, I suggest the absence children’s hospitals) to modify provisions re- HANCEMENT ACT OF 2004 of a quorum. garding the determination of the amount of The PRESIDING OFFICER. The Mr. FRIST. Mr. President, I ask payments for indirect expenses associated clerk will call the roll. unanimous consent that the Foreign with operating approved graduate medical residency training programs. The legislative clerk proceeded to Relations Committee be discharged call the roll. from further consideration of H.R. 2121, There being no objection, the Senate Mr. STEVENS. Mr. President, I ask and the Senate proceed to its imme- proceeded to consider the bill. unanimous consent that the order for diate consideration. Mr. FRIST. Mr. President, I ask the quorum call be rescinded. The PRESIDING OFFICER. Without unanimous consent that the bill be The PRESIDING OFFICER. Without objection, it is so ordered. read three times and passed, the mo- objection, it is so ordered. The clerk will report the bill by title. tion to reconsider be laid upon the f The legislative clerk read as follows: table, and that any statement relating A bill (H.R. 2121) to amend the Eisenhower to the bill be printed in the RECORD as RECESS Exchange Fellowship Act of 1990 to authorize if read, with no intervening action. Mr. STEVENS. Mr. President, I ask additional appropriations for the Eisenhower The PRESIDING OFFICER. Without unanimous consent that the Senate Exchange Fellowship Program Trust Fund, objection, it is so ordered. stand in recess subject to the call of and for other purposes. The bill (H.R. 5204) was read the third the Chair. There being no objection, the Senate time and passed. There being no objection, the Senate, proceeded to consider the bill. f at 10:27 p.m., recessed subject to the Mr. FRIST. Mr. President, I ask call of the Chair, and reassembled at AUTHORIZING THE SECRETARY OF unanimous consent that the Roberts 10:45 p.m. when called to order by the COMMERCE TO MAKE AVAIL- amendment be agreed to, the bill, as Presiding Officer (Mr. BURNS). ABLE CERTAIN PROPERTY amended, be read a third time and The PRESIDING OFFICER. The Sen- passed, the motion to reconsider be Mr. FRIST. Mr. President, I ask ator from Tennessee. laid upon the table, and any statement unanimous consent that the Commerce f relating to the bill be printed in the Committee be discharged from further RECORD. consideration of H.R. 4027 and the Sen- MORNING BUSINESS The PRESIDING OFFICER. Without ate proceed to its immediate consider- Mr. FRIST. Mr. President, I ask objection, it is so ordered. ation. unanimous consent that there now be a

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12030 CONGRESSIONAL RECORD — SENATE December 8, 2004 period for morning business with Sen- appointed that the funds previously derlying authorization allows most of ators permitted to speak for up to 10 provided for this purpose were diverted those funds to flow to the Denali Com- minutes each. by the Office of Energy Efficiency and mission in Alaska which serves the The PRESIDING OFFICER. Without Renewable Energy. largest segment of high cost energy objection, it is so ordered. There are a couple of matters I want users in the country. Energy costs in FISCAL YEAR 2005 OMNIBUS APPROPRIATIONS to clarify to provide guidance to the rural Alaska are the highest in the Na- ACT agencies who will administer the bill. tion. To reduce those costs, within the Mr. STEVENS. Mr. President, I am Food Safety: The conferees have pro- funds provide to the High Cost Energy pleased to report that the House just vided funds for a National Animal Iden- program, the conferees expect that passed the joint House-Senate Con- tification System to monitor cattle to $2,000,000 be provided to the Arctic En- ference Report on the Foreign Oper- prevent mad cow disease, but did not ergy Office for research into energy ations Appropriations bill for fiscal specify the technology or means to ac- and electric issues in remote and rural year 2005. That Omnibus appropriations complish that end. It has come to my communities. These funds are critical bill included the Agriculture Appro- attention that a chain traceable model to identifying ways of reducing costs in priations bill; the Commerce, Justice, could track cattle through private sec- rural Alaska communities and Native State Appropriations bill; the Energy tor mechanisms at very little cost to villages. and Water Appropriations bill; the For- the Government. I hope the new Sec- City of Marshall water hook-ups: The eign Operations Appropriations bill; retary of Agriculture will look at a measure includes $26,000,000 for rural the Interior Appropriations bill; the range of means to prevent mad cow dis- water and sewer program in rural Alas- Labor, Health, and Human Services ease from infiltrating into our food ka. The conferees note that Marshall, bill; the Legislative Branch Appropria- supply including market driven solu- AK has Indian housing built through tions bill; the Transportation Appro- tions. HUD, but no money to link the houses priations bill; and the VA–HUD Appro- In addition, it is my understanding to water and sewer. Within the funds priations bill. that a new technology has been devel- provided in this account, the Com- I would like to take this opportunity oped that can detect food borne patho- mittee expects the Alaska Village Safe to clarify a few points in the bill to gens like salmonella. A film covering Water Program to fund the Marshall provide guidance to those who will im- food, similar to plastic wrap, turns water hook-ups. Pribilof Island clean-up: The con- plement it. color if the food has become contami- ferees agree to provide $7,000,000 which Denali Commission: The conferees nated. This technology offers exciting may be used by NOAA for both clean- provided $67,000,000 for the Denali Com- opportunities for the seafood industry up of the Pribilof Islands and economic mission. In addition to the allocations in particular, and I urge the new Sec- development activities. In consulting outlined in the bill itself, there are a retary to take whatever steps possible with the people of St. Paul and St. number of other projects to which the to bring this new technology to mar- Denali Commission should give pri- George, it is their preference that ket. $6,500,000 of the funds be available for ority consideration: $2,000,000 for the The conferees expect USDA to pursue economic development and $500,000 be Tok/Chistochina Intertie project; efforts to expeditiously reopen the bor- used to continue NOAA’s clean-up ac- $500,000 for the Fire Island extension; der between Alaska and Canada. This tivities. Congress passed the Pribilof $146,000 for Chenega Bay Utilities, border closure has devastated farmers Islands Transition Act, which among $1,000,000 for Bristol Bay power genera- in Alaska. USDA currently has a pro- other things authorized funding for tion; $2,000,000 for a Low Rank Fuel posal to accomplish this task and they economic development on the islands. Demonstration project, and $1,500,000 are urged to carefully evaluate its mer- During the drafting of that legislation, for Cape Fox corporation for economic its. it was agreed the funds would be split development. The commission is also Rural Development Administration: between the various entities according encouraged to give the following Within the funds that are provided to to specific ratios, which were then used projects priority consideration: the Pe- the Rural Development Administra- in the Act to allocate the authoriza- tersburg Diesel Power Generation Fa- tion, the Alaska Region should give tions stated at 16 USC § 1166(c)(1). The cility project, the Valdez Electric priority consideration to a grant for conferees support that allocation, and I project and funding for elder housing in the Ketchikan Arts facility. I visited have consulted with Congressman Maniliq. with the developers of that project and Young, the author of those bills, who Corps of Engineers: Given tough believe it would be an excellent com- agrees as well. The agency is urged to budgetary constraints, Congress was munity facility. comply with the islanders’ wishes. unable to fund the full amount nec- Likewise, last month after we had al- Alaska Ocean Observing System: Due essary to address the impending dis- ready marked up the bill, I was able to to a clerical error in the bill, Alaska aster that Hubbard Glacier poses to the meet with leaders in Homer, AK con- Ocean Observing System is titled, community of Yakutat, AK. It is my cerning the need for a new library. ‘‘Alaska Gulf Ecosystem Monitoring.’’ expectation that the Army Corps of That, too, is a meritorious project and It is the intent of the conferees that Engineers, the Forest Service, the Nat- the Alaska Region should give priority the $2,000,000 provided for this project ural Resource Conservation Service, consideration to a grant application for shall be for the Alaska Ocean Observ- and the Federal Emergency Manage- that project. ing System and not the Alaska Gulf ment Agency will, through available Lastly, peat is a major commodity in Ecosystem Monitoring. funds, provide the resources necessary the lower 48 States, especially organic Economic Development Administra- to immediately address this situation. peat which can be sold for huge profits. tion: The bill also provides funds for The conferees have included authoriza- But, in Alaska peat is often considered the Economic Development Adminis- tion for the Secretary of Army to un- a nuisance, since it has to be dug out tration, $15,000,000 of which is to assist dertake this task. before construction can go forward in coastal communities in Alaska pursu- Energy projects: This year, the omni- many areas of the State. One way to ant to an agreement the Alaska delega- bus bill includes $5,000,000 to be used to offset that costly excavation while cretion made with Secretary Evans when support a solicitation for solid oxide ating new economic opportunity is to the Trade Act was considered. Within fuel cell research to look at the appli- develop peat as a saleable commodity. these funds, EDA should make cation of solid oxide electrochemical The conferees urge the Alaska Region $1,500,000 available to Cape Fox Cor- technology for the co-production of hy- to consider a grant to develop peat poration for economic development ac- drogen and electricity. The research fields in Alaska as an emerging new in- tivities. will also focus on the storage of elec- dustry. Office of Arctic Energy: Within the tricity through closed and open system High Cost Energy Program: The bill amounts provided for the Arctic En- regenerative fuel cells. This funding is provides $28,000,000 for the high cost energy Office, it is the conferees expecta- intended to create a pilot project in ergy program to reduce the cost of en- tion that $2,000,000 will be made avail- Alaska to develop solid oxide fuel cell ergy for consumers paying about 20 able for shallow gas exploration and de- technology. The conferees are dis- cents a kilowatt hour or more. The un- velopment in Ft. Yukon, AL, to assist

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12031 that community and address its energy ing is secured for implementation of sion called the Rural Air Service Im- needs; and $3,000,000 will be made avail- the changes made by this section. provement Act of 2004. This is an able for work on the gas pipeline spur Kenai Fjords National Park: The con- amendment worked on by the House to Cook Inlet. ferees have included bill language re- Transportation Committee chairman, Fish and Wildlife Service: As part of quiring the National Park Service to Don Young, and I. The State of Alaska the fiscal year 2005 Consolidated Appro- acquire land to construct a multi-agen- has a very limited system of roads to priations Conference Report, Section cy visitor center that has been under connect communities. Most commu- 126 of Division E requires a comprehen- discussion for nearly a decade notwith- nities can only be reached by air. In sive program for mass marking of standing any other provision of law. order to connect the communities hatchery produced salmon stocks origi- That means the Service will acquire within the State, the Inter-Alaska by- nating from the Pacific Northwest. The the land at a negotiated price notwith- pass mail system was created to sup- State of Alaska currently conducts an standing any other issues or obstacles. port affordable, safe air travel and es- extensive salmon stock identification No more delays. It is time to get this tablish a system where the Postal program based on visual identification project done. The conferees urge the Service can meet its obligation to de- of fin clipped hatchery salmon that service to expedite construction of the liver mail to every house. The provi- have been implanted with coded wire project as well. It should consider uti- sions within the appropriations bill re- tags. lizing Section 1307 of the Alaska Na- fine the Inter-Alaska bypass mail sys- The additional requirements imposed tional Interest Lands Conservation Act tem by eliminating unnecessary flights by Section 126, which provides for the for the project if it will speed up the flown by mainline air carriers, by re- implementation of ‘‘a system of mass process. It should also consider a build- ducing the requirement to two sched- marking of salmonid stocks, intended lease option which it used to acquire a ule flights per week. The section also for harvest, that are released from Fed- new Alaska Region headquarters in An- grants the United States Postal Serv- erally operated or Federally financed chorage. The conferees note that this ice the discretion to increase the num- hatcheries . . .’’ could have significant project has already been delayed and as ber of scheduled flights to a maximum financial implications on both the a result missed Seward’s centennial of three in instances where there are State of Alaska and on the Alaska celebration. The authority we have not three consecutive scheduled flights commercial fishing industry. The Alas- provided will ensure that the project in a week. This will allow the Postal ka Department of Fish and Game has can now be completed with dispatch. Service to meet their service require- serious concerns about the impact of Lake Clark National Park: I am ments to the communities within Alas- mass marking requirements of this sec- aware that the National Park Service ka, while decreasing the unnecessary tion on its ongoing salmon stock sam- and Cook Inlet Region Inc. are cur- expenses associated with excessive pling program. rently discussing options for the dis- scheduled flights. The Alaska Department of Fish and position of the Silver Salmon Camp. The language included within the ap- Game determined that if far-north-mi- Until these issues are resolved, it is the propriations bill will give flexibility to grating chinook salmon are mass expectation of the conferees that the the carriers and the Postal Service by marked by clipping the adipose fin, the National Park Service will issue a long allowing existing mainline carriers to State will have two options: 1, con- term recreational permit to Cook Inlet temporarily subcontract mail ship- tinue with visual identification of Region Inc. or a related non-profit for ments to another existing mainline marked fish, or, 2, convert to elec- the continued operation of the camp. carrier when additional or substitute tronic sampling. Either option will Denali Commission: The committee aircraft are needed to meet the service cause the State’s salmon stock sam- has provided $40,000,000 for the Denali needs of the Postal Service or the car- pling program to be far more costly. Commission for health and social serv- rier’s operating requirements. How- The conferees recommend that if mass ice construction projects. Within the ever, the providing carrier will still remarking is implemented, it should be funds made available for clinics, the main responsible for the mail from the done for Puget Sound and Columbia conferees expect the Commission to origin to the destination. River Tule Chinook and not imple- provide the necessary funds for a joint Clarification of the definition of Ex- mented for Columbia Upriver Bright or clinic-library-community center in isting Mainline Carrier is also provided Washington Coastal Chinook salmon. Girdwood, AK. It may use health funds in order to close a loophole that may These stocks of salmon represent a sig- for the clinic portion of the project and have allowed carriers who are not nificant portion of the Alaska salmon its general funds provided through the qualified as existing mainline carriers fisheries and mass marking of these Energy and Water bill for the commu- to become one because they operated stocks will incur a high cost on the nity center and library. under a codeshare with an existing Alaskan fishing industry and the Special Education: The conferees mainline carrier. Air Carriers who were state’s fisheries management program. have agreed to over $11,000,000,000 for not, on January 1, 2001, a Part 121 car- Further, the conferees recommend special education. The Department of rier qualified to provide mainline non- that mass marking of chinook salmon Education should consider making priority bypass mail service and actu- should not be implemented without the funds available to conduct a pilot pro- ally engaged in the carriage of non-pri- concurrence of state and federal agen- gram in Anchorage, AK to treat chil- ority bypass mail tendered to it under cies on an effective means of stock dren suffering from attention deficit or its own designator code should not be identification that will support the im- hyperactivity disorder or FAS/FAE defined as an existing mainline carrier. plementation of the Pacific Salmon through biofeedback to determine Finally, the provision specifically ex- Treaty and other state and federal laws whether this might be a useful alter- empts non-bypass mail from the dis- and regulations. In addition, the con- native to drug therapy. patch requirements of the non-priority ferees recommend that the U.S. Fish Section 115: The conferees have bypass mail system. It is intended to and Wildlife Service work with the agreed to a provision to correct a draft- give the Postal Service the ability to State of Alaska and the United States ing error that caused the earmarks dispatch postal products, other than Section of the Pacific Salmon Commis- provided to Alaska in the Fiscal Year non-priority bypass mail, as their serv- sion to ensure that the system of mass 2004 Transportation bill to come out of ice needs require. marking does not interfere signifi- the State of Alaska’s mandatory for- Alaska Trails: The bill includes $4 cantly with data collection, salmon mula funds under the highway bill in- million for the State of Alaska to de- management programs, or the imple- stead of discretionary funds. This velop statewide trails initiative. The mentation of abundance-based manage- amendment clarifies that Alaska’s ear- funds are available to issue grants, on ment under the treaty. The conferees marks are to be allocated out of discre- a competitive basis, for the develop- direct the U.S. Fish and Wildlife Serv- tionary funds and have no impact on ment and reconstruction of trails with- ice to ensure that changes in fishery highway funds Alaska receives through in Alaska. The State of Alaska should and stock assessment programs needed the formula. take no more than one percent of the to maintain the reliability of those Rural Air Service Improvement Act funds to cover any overhead costs. The programs are identified and that fund- of 2004: Title J includes another provi- eligible trails include: Arctic Valley

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12032 CONGRESSIONAL RECORD — SENATE December 8, 2004 trails, Chugach Forest Russian River, TAPS Quality Bank: As part of the ety, graduated from Kokomo High Girdwood trails, Hatcher Pass trails, fiscal year 2005 Consolidated Appro- School in 2002. He was involved in nu- Iditarod trail, Juneau Nordic trails, priations conference report I included merous church and community Juneau Thunder Trail, Ketchikan legislative language that expresses projects in Kokomo. Lance Corporal Lewis Reef Road, Kodiak trails, Congress’ concerns over a long stand- Swain was an outstanding marine. He Matanuska Susitna Gorsuch trails, ing regulatory and judicial dispute con- will be missed. Perseverance trail repairs, Russian cerning the Trans Alaska Pipeline, My thoughts and prayers are with River access road, Sitka Trailworks, TAPS. This report language is intended both of these families as they remem- Sitka World War II causeway, State of to provide guidance to the Federal En- ber and celebrate the lives and dedi- Alaska wildlife trails, Wrangell St. ergy Regulatory Commission as it eval- cated service of these marines. Elias Trails. uates the August 31, 2004 Initial Deci- Transportation and Community and sion by the Administrative Law Judge, MICHIGAN’S FALLEN HEROES System Preservation Pilot Program: ALJ. This language does not have any Ms. STABENOW. Mr. President, I The conferees have agreed to provide effect on agreements reached between rise today to pay tribute to the brave $6,000,000 to the Matanuska Susitna the parties. It is solely intended to ad- men and women of the U.S. armed Borough. Within the amounts made dress those issues still in dispute. Nor forces who have given their lives dur- available to the Matanuska Susitna does this language have any effect on ing the military operations in Iraq. Of Borough, the conferees expect that any other regulatory or judicial pro- the over 1,270 casualties to date in Op- $2,000,000 will be made available to ceeding currently pending before the eration Iraqi Freedom, 42 of these fall- Matanuska Susitna Gorsuch trails. ALJ or the Commission, and should en heroes are from or have family in Denali Docks: I am pleased the not be considered in evaluating any fu- my home state of Michigan. My heart- Transportation/Treasury subsection of ture rate cases. felt sympathies go out to the families the omnibus bill authorizes and appro- Congress expects the Commission to and friends of these great Americans. priates $10 million to a new program carefully consider the specific equities On behalf of the State of Michigan, I for the Denali Commission which fo- of this case to prevent special hardship, offer my deepest gratitude for the serv- cuses on docks and the development of inequity, or an unfair distribution of ice, sacrifice, and commitment of these waterfront projects. There is no Fed- burdens to any party, evaluate all of men and women in upholding the ideals eral Government program which funds the administrative law judge’s deci- of this Nation. docks for communities without roads. sions regarding the retroactive applica- These men and women represent the Through the newly authorized program tion of the modified Resid valuation, finest of our citizens. They have re- within the Denali Commission, the and to assess the equity of assigning vealed their unyielding courage, sense rural communities of Alaska will be retroactivity. The issue of retro- of duty, and patriotism. For this, their able to create, replace or repair the activity and its application in this case service to this Nation will never be for- damaged docks within the following lo- is problematic given the lack of clear gotten. cations: Homer, Ugashik, Hoonah, Bris- Congressional action on the subject I would like to honor the following tol Bay Borough, Old Harbor, Sitka, and the negative impacts an eleven men and women of the U.S. Armed Coffman Cove, Perryville, Illiamna year retroactive period will have on do- Forces that have Michigan ties and Lake, Auk Bay, Seldovia, Whittier, mestic refiners in the State of Alaska. have bravely made the ultimate sac- Cordova, Gustavus, and Kenai Penin- In addition, it is the expectation of rifice while serving in Iraq: sula Borough. Congress that this matter will be re- General Service Administration: I am solved in a fair and equitable manner Army PVT Brandon Sloan, 19, of Bed- pleased the conferees once again in- which is necessary to limit business ford Heights, OH, was killed when his cluded money for the University of uncertainty associated with the use of unit, the 507th Maintenance Co., was Alaska to continue planning for the the Trans Alaska Pipeline System, and ambushed near Nasiriyah on March 23, State’s 50th anniversary celebration in- to ensure continued domestic refinery 2003. Sloan’s mother, Kimberly, lives in cluding preserving pioneer papers activity in order to protect national Fraser. throughout the state. fuel supplies. Ultimately, it is my hope Marine MAJ Kevin Nave, 36, formerly On another matter, the conferees that the parties in this case will be of Oakland County’s White Lake Town- urge the Service to work with the Alas- able to reach a settlement and finally ship, was killed when he was run over ka Railroad to effect a land transfer end 15 years of litigation, and we ap- by a military vehicle on March 26, 2003. that will be mutually beneficial to peal to the parties to work towards Nave was a veteran of the 1991 Persian both parties, and hope the national of- this end. Gulf War and lived in Oceanside, CA. fice will make the resources available f He is survived by his wife and two chil- for that purpose. dren. National Science Foundation: The HONORING OUR ARMED FORCES conferees agreed to retain report lan- Army SGT Todd James Robbins, 33, CORPORAL LANCE M. THOMPSON AND LANCE formerly of Pentwater, died after the guage urging the administration to re- CORPORAL JAMES ERIC SWAIN Bradley fighting vehicle he manned quest funds to replace the Alpha Helix, Mr. LUGAR. Mr. President, as a na- with eight other soldiers was bombed one of its premier research vessels that tion, we must always keep in mind on April 2, 2003, possibly by friendly has seen better days. But this is not that our military successes come at a fire. Robbins, a veteran of the first gulf the first year such language has been high cost in the loss of promising war, was stationed at Fort Sill, OK. He included. Some believe the Service has young human lives. I rise today to pay is survived by a wife and a 13-year-old no intention of ever seeking the nec- tribute to two Hoosier marines who son. essary funds. As I assume the role as made the ultimate sacrifice for their chairman of the Senate Commerce country. Army SGT Michael Pedersen, 26, for- Committee overseeing NSF, I want to Cpl Lance M. Thompson, 21, of Up- merly of Flint, was one of six soldiers put the agency on notice that Congress land, IN, was killed in action while killed in the crash of an Army Black expects the administration to begin conducting combat operations in Al Hawk helicopter on April 2, 2003, dur- seeking the necessary funds to replace Anbar Province, Iraq. Corporal Thomp- ing a fire fight in Iraq. He served as a the vessel. If funds are provided and son graduated from Eastbrook High helicopter crew chief with the Army’s the vessel is built, it should be School in 2001 and married Dawn Case, 3rd Infantry Division based in Fort homeported in Seward, AK, its current of Van Buren, Indiana, in 2002. He was Stewart, GA. home. But if the administration fails on his second tour of duty in Iraq. Cor- Army PFC Jason Meyer, 23, was to request the necessary funds when poral Thompson was an outstanding killed on April 7, 2003, when his per- the fiscal year 2006 budget is sub- marine. He will be missed. sonnel carrier came under fire. He mitted, Congress expects the agency to LCpl James Eric Swain, 20, of Koko- graduated from Howell High School in develop an interim solution by leasing mo, IN, was killed in action while con- 1999 and joined the Army in 2001. Meyer a research vessel that can operate out ducting combat operations in Al Anbar was based in Fort Stewart, GA, and had of Seward to conduct research in Alas- Province, Iraq. Lance Corporal Swain, celebrated his first wedding anniver- ka. a member of the National Honor Soci- sary 2 weeks before his death.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12033 Marine PFC Juan Garza, 20, of Tem- on October 20, 2003. Johnson served in Team, 1st Infantry Division out of perance was killed by sniper fire on the 82nd Airborne Division, based at Schweinfurt, Germany. April 8, 2003. Garza graduated from Fort Bragg, NC. He was a member of Army SFC Bradley C. Fox, 34, who Summerfield High School in 2002 and the 1st Battalion, 505th Parachute In- grew up in Adrian, died on April 20, was married the day after Christmas. fantry Regiment. 2004, of wounds suffered March 14 when Air Force SSGT Scott Sather, 29, of Army SPC Artimus D. Brassfield, 22, a roadside bomb detonated near his ve- Clio was killed in action in Iraq on of Flint was killed in a mortar attack hicle. He was serving with the 1st Ar- April 8, 2003. He was assigned to the while he played basketball at an out- mored Division. 24th Special Tactics Squadron, based post on October 24, 2003. Army PFC Richard H. Rosas, 21, of out of Pope Air Force Base, NC. Army SSG Mark D. Vasquez, 35, of St. Louis was one of two soldiers killed Army SPC Richard A. Goward, 32, of Port Huron was killed when the Brad- on May 25, 2004, when their patrol was Midland was killed on April 14, 2003, ley Fighting Vehicle in which he was hit by an improvised explosive device when his truck entered a dust cloud riding was struck by an improvised ex- in Fallujah, Iraq. He was serving with and collided with another truck in plosive device on November 8, 2003. the 3rd Battalion, 62nd Air Defense Ar- Iraq. Goward was assigned to the Mid- Vasquez was assigned to the 1st Bat- tillery, 10th Mountain Division, Light land-based 1460th Transportation Com- talion, 16th Infantry Regiment, 1st In- Infantry, based in Fort Drum, NY. pany of the Michigan Army National fantry Division based in Fort Riley, Army SGT Aaron Elandt, 23, of Port Guard. The father of two daughters KS. Hope died on May 30, 2004, when the served on active duty with the Army U.S. Army SSG Paul Neff II, 30, of Humvee he was in struck a land mine from 1990 to 1996, then joined the Fort Mill, SC, on November 7, 2003, in while responding to a mortar attack. Michigan Guard after the Sept. 11 ter- Tikrit. The Black Hawk was shot down Elandt was a cavalry scout with the 1st ror attacks. by unknown enemy ordnance. Neff was Armored Division and had been in Iraq Army SGT Sean Reynolds, 25, was assigned to 5th Battalion, 101st Avia- for about 14 months. killed on May 3, 2003, in an apparent tion Regiment, 101st Airborne Division Army SPC Craig S. Frank, 24, of Lin- accident involving his own weapon in based in Fort Campbell, KY. He is sur- coln Park, a Michigan National Guard northern Iraq. He grew up in Detroit vived by his father in West Branch. military police officer, died on July 17, and graduated from East Lansing High Army PFC Damian S. Bushart, 22, of 2004, after his vehicle was hit by an improvised explosive device near Bagh- School in 1995. Reynolds was assigned Oakland County’s Waterford Township dad. Frank was serving with the 1775th to the Army’s 173rd Airborne Brigade, was killed on November 22, 2004, when Military Police Company out of Pon- deployed near Kirkuk. The 173rd is a tank collided with his vehicle in tiac. He was studying education at based in Vicenza, Italy. Baghdad. Bushart was assigned to A Army MSG William Lee Payne, 46, Troop, 1st Squadron, 1st Cavalry Regi- Eastern Michigan University before his call-up. who joined the Army shortly after ment, 1st Armored Division; Arm- Army SFC David A. Hartman, 41, of graduating from Otsego High School in strong Barracks, Germany. Akron died on July 17, 2004, in Beiji Army PFC Jason G. Wright, 19, of 1975, died on May 16, 2003, in Haswah, after the vehicle he was driving was hit Luzerne was killed on December 8, 2003, Iraq. He was killed in an explosion. by an improvised explosive device. when his vehicle came under fire while Payne was an intelligence officer for Hartman was assigned to the Army Re- he was providing security at a gas sta- the 2nd Battalion, 70th Armor Regi- serve’s 401st Transportation Company ment of the 3rd Brigade, 1st Armored tion in northern Iraq. Wright was a out of Battle Creek. Division. mortarman assigned to Headquarters Army PFC Nicholas H. Blodgett, 21, Army SSG Brett J. Petriken, 30, of Company, 1st Battalion, 502nd Infantry of Wyoming died on July 21, 2004, in Flint, a military police officer, was one Regiment. He entered the Army in Abdalluyah, Iraq. He was killed when of two soldiers killed on May 26, 2003, June 2002, and arrived at Fort Camp- his patrol vehicle hit an improvised ex- when a heavy equipment transporter bell, KY, the following December. plosive device. He was assigned to the crossed a median and struck his vehicle Army SSG Thomas W. Christensen, 4th Cavalry Regiment of the Army’s in Samawah, Iraq. He was part of the 42, of Atlantic Mine was killed on De- 1st Squadron and stationed in 501st Military Police Unit of the 1st Ar- cember 25, 2003, when his living quar- Schweinfurt, Germany. mored Division. ters in Baqouba, Iraq, came under mor- Army SPC Donald R. McCune, 20, of Army CPT Paul J. Cassidy, 36, of tar attack. Christensen was assigned to Ypsilanti died on August 5, 2004, in Laingsburg died in Camp Babylon as a the 652nd Engineer Battalion, U.S. Landstuhl, Germany, of injuries he re- result of non-combat injuries on July Army Reserve, a bridge-building unit ceived when an improvised explosive 13, 2003. He was part of the 432nd Civil based in Harvey. The detachment is a device detonated near his patrol in Affairs Battalion based in multi-role bridge-building outfit with Balad. McCune was assigned to the Ashwaubenon, WI, a suburb of Green administrative ties to Ellsworth, WI. Army National Guard’s 1st Battalion, Bay. Cassidy, a reservist, was in Iraq Army SSG Stephen C. Hattamer, 43, 161st Infantry Regiment, 81st Brigade performing humanitarian services. He of Gwinn was killed on December 25, Combat Team and stationed in Moses also served as department secretary for 2003, when his living quarters in Lake, WA. the Meridian Township clerk’s office. Baqouba, Iraq, came under mortar at- Army SPC Dana Wilson, Hudsonville, Army SGT Trevor A. Blumberg, 22, of tack. Hattamer was assigned to the 26, of Fountain, CO, died on July 11, Wayne County’s Canton Township, a 652nd Engineer Battalion, U.S. Army 2004, near Al Hillah when the vehicle paratrooper, died on Sept. 14, 2003, Reserve, a bridge-building unit based in Wilson was riding in was involved in a when a roadside bomb hit a convoy and Harvey. The detachment is a multi-role head-on collision with another vehicle. destroyed his Humvee in Fallujah, bridge-building outfit with administra- Wilson was assigned to the 1st Bat- Iraq. Blumberg was an 82nd Airborne tive ties to Ellsworth, WI. talion, 94th Field Artillery Brigade in paratrooper with the 1st Battalion of Army PFC Holly J. McGeogh, 19, of Baumholder, Germany. Wilson’s moth- the 504th Parachute Infantry Regi- Taylor was among three soldiers killed er lives in Hudsonville. ment. when a homemade bomb exploded on Army SSG Donald N. Davis, 42, of Army SPC Donald L. Wheeler, 22, of January 31, 2004, along a road near Saginaw died on August 24, 2004, when Concord died as a result of the injuries Kirkuk, Iraq, as their convoy passed a tractor and a tanker trailer rolled he sustained on October 13, 2003, in by. She was assigned to Company A, over an embankment in Fallujah, Iraq. Tikrit, Iraq, when his unit came under 4th Forward Support Battalion, 4th In- Davis was assigned to the U.S. Army attack from insurgent forces. Wheeler fantry Division, from Fort Hood, TX. Reserve’s 660th Transportation Com- was assigned to A Company, 1st Bat- Army SPC Richard K. Trevithick, 20, pany in Zanesville, OH. talion, 22nd Infantry Regiment, 4th In- of Gaines was killed on April 14, 2004, Army SGT Carl Thomas, 29, a native fantry Division, Fort Hood, TX. when an improvised explosive device of Detroit who lived in Phoenix before Army SSG Paul J. Johnson, 29, of exploded near his convoy vehicle in being stationed at Fort Hood, TX, died Calumet was killed when Iraqi fighters Balad, Iraq. He was part of the 9th En- on September 13, 2004, when a home- ambushed his patrol in Fallujah, Iraq, gineer Battalion, 2nd Brigade Combat made explosive detonated near his

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12034 CONGRESSIONAL RECORD — SENATE December 8, 2004 Army observation post in Baghdad. 7. All of them were from California or LCpl Richard P. Slocum, age 19, died Thomas was assigned to the 1st Bat- were based in California. October 24 due to a non-combat related talion, 12th Cavalry Regiment. SPC Morgen N. Jacobs, age 20, died vehicle accident near Abu Ghraib, Iraq. Army PVT Mark Barbret, 22, of October 7 in Tikrit, of injuries sus- He was assigned to 1st Battalion, 3rd Macomb County’s Shelby Township tained in Aaliyah on October 6, when Marine Regiment, 1st Marine Division, died on October 14, 2004, when the an improvised explosive device deto- Camp Pendleton, CA. He was from Humvee he was riding in hit a roadside nated near his patrol vehicle. He was Saugus, CA. assigned to the 1st Battalion, 18th In- bomb near Ramadi, Iraq. Barbret was CPL Brian Oliveira, age 22, died Octo- fantry Regiment, 1st Infantry Division, an Army mechanic with the 2nd Infan- ber 25 from injuries received from Schweinfurt, Germany. He was from try Division. enemy action in Al Anbar Province. He Army SPC Don A. Clary, of Troy, Santa Cruz, CA. was assigned to 3rd Battalion, 1st Ma- Kansas died on November 8, 2004, in PFC First Class Andrew Halverson, rine Regiment, 1st Marine Division, Baghdad when a vehicle-borne impro- age 19, died October 9 as result of Camp Pendleton, CA. vised explosive device detonated near enemy action in Al Anbar Province. He his convoy. He was assigned to the 2nd was assigned to 2nd Battalion, 5th Ma- LCpl Jeremy D. Bow, age 20, died Oc- Battalion, 130th Field Artillery, Kansas rine Regiment, 1st Marine Division, tober 30 due to enemy action in Al National Guard in Horton, KS. Clary’s Camp Pendleton, CA. Anbar Province. He was assigned to 1st mother resides in Flint. CPL Ian T. Zook, age 24, died October Battalion, 3rd Marine Regiment, 3rd Army PFC Dennis Miller Jr., 21, of 12 as a result of enemy action in Al Marine Division, Marine Corps Base La Salle died on November 10, 2004, Anbar Province. He was assigned to 1st Hawaii. He was from Lemoore, CA. Battalion, 7th Marine Regiment, 1st after his unit came under attack and a 1LT Matthew D. Lynch, age 25, died Marine Division, Marine Corps Air rocket-propelled grenade struck his October 31 from enemy action in Al Ground Combat Center, Twentynine tank in Ramadi, Iraq. Miller was as- Anbar Province. He was assigned to 2nd signed to the 2nd Battalion, 72nd Palms, CA. PFC Oscar A. Martinez, age 19, died Battalion, 5th Marine Regiment, 1st Armor Regiment, 2nd Infantry Divi- Marine Division, Camp Pendleton, CA. sion. October 12 as result of enemy action in Marine LCpl Justin D. Reppuhn, 20, Al Anbar Province. He was assigned to LCpl Jared P. Hubbard, age 22, died of Hemlock died on November 11, 2004, I Marine Expeditionary Force Head- November 4 when he sustained fatal as a result of enemy action in Al Anbar quarters Group, Camp Pendleton, CA. wounds from an explosion while con- Lance CPL Victor A. Gonzalez, age Province. Reppuhn was assigned to ducting combat operations in the Al 19, was killed in action October 13 from motor transport duties with the 3rd Anbar Province. He was assigned to 2nd an explosion while conducting combat Light Armored Reconnaissance Bat- Battalion, 5th Marine Regiment, 1st operations in the Al Anbar Province. talion, 1st Marine Division. Marine Division, Camp Pendleton, CA. Marine LCpl Justin M. Ellsworth, 20, He was assigned to 2nd Battalion, 5th He was from Clovis, CA. of Mount Pleasant died on November Marine Regiment, 1st Marine Division, Camp Pendleton, CA. He was from CPL Jeremiah A. Baro, age 21, died 14, 2004, while on reconnaissance during Watsonville, CA. November 4 when he sustained fatal the U.S. assault on Fallujah. He was 2LT Lt. Paul M. Felsbert, age 27, died shrapnel wounds from an explosion assigned to a Combat Service Support October 13 as result of enemy action in while conducting combat operations in Battalion 1 in the First Marine Expedi- Al Anbar Province. He was assigned to the Al Anbar Province. He was as- tionary Force in Camp Pendleton, CA. 2nd Battalion, 5th Marine Regiment, signed to 2nd Battalion, 5th Marine Marine LCpl Michael Wayne Hanks, 1st Marine Division, Camp Pendleton, Regiment, 1st Marine Division, Camp 22, of Gregory, died on November 17, CA. Pendleton, CA. He was from Fresno, 2004, as a result of enemy action in Al MAJ Charles R. Soltes, Jr., age 36, CA. Anbar Province. He was assigned to 3rd died October 13 in Mosul when an im- LCpl Sean M. Langley, age 20, died Battalion, 1st Marine Regiment, 1st provised explosive device detonated November 7 from injuries received as a Marine Division, in the First Marine near his convoy vehicle. He was as- result of enemy action in Al Anbar Expeditionary Force. The Marines signed to the Army Reserve’s 426th Province. He was assigned to 2nd Bat- issued him a formal commendation on Civil Affairs Battalion, Upland, CA. He talion, 5th Marine Regiment, 1st Ma- May 11, 2003, for saving the life of an was from Irvine, CA. rine Division, Camp Pendleton, CA. Iraqi civilian in Ash Shatra, 170 miles PVT David L. Waters, age 19, died Oc- south of Baghdad. tober 14 in Baghdad when an impro- SPC Quoc Binh Tran, age 26, died No- Marine Cpl Gentian Marku, 22, of vised explosive device detonated near vember 7 in Baghdad from wounds sus- Warren, died on November 25, 2004, as a his convoy vehicle. He was assigned to tained when an improvised explosive result of enemy action in Al Anbar the Army’s 2nd Battalion, 14th Infan- device detonated near his military ve- Province. Marku was assigned to 1st try Regiment, 10th Mountain Division hicle. He was assigned to the Army Na- Battallion, 8th Marine Regiment, 2nd (Light Infantry), Fort Drum, NY. He tional Guard’s 181st Support Battalion, Marine Division, II Marine Expedi- was from Auburn, CA. San Bernardino, CA. He was from Mis- tionary Force and stationed at Camp CPL William I. Salazar, age 26, died sion Viejo, CA. Lejeune, NC. He was awarded medals October 15 from wounds received as re- LCpl Thomas J. Zapp, age 20, died for good conduct, humanitarian serv- sult of enemy action in Al Anbar Prov- November 8 as a result of enemy action ice, combat action, and other activi- ince. He was assigned to Headquarters in Al Anbar Province. He was assigned ties. Marku moved to the United Battalion, 1st Marine Division, Camp to Combat Service Support Battalion 1, States from Albania when he was 14. Pendleton, CA. Combat Service Support Group 11, 1st Army SPC Corey Hubbell, Holly, 20, SGT Douglas E. Bascom, age 25, died Force Service Support Group, Camp of Urbana, Illinois died on June 26, October 20 as result of enemy action in Pendleton, CA. 2004, in Camden Yards, Kuwait, in sup- Al Anbar Province. He was a member port of Operation Iraqi Freedom. Hub- of the Individual Ready Reserves who LCpl Juan E. Segura, age 26, died No- bell died from a non-combat related was mobilized and assigned to 2nd Bat- vember 9 as a result of enemy action in cause. Hubbell was assigned to Com- talion, 5th Marine Regiment, 1st Ma- Al Anbar Province. He was assigned to pany B, 46th Engineer Battalion, Fort rine Division, Camp Pendleton, CA. 3rd Battalion, 1st Marine Regiment, 1st Rucker, AL. Hubbell’s father resides in LCpl Jonathan E. Gadsden, age 21, Marine Division, Camp Pendleton, CA. Holly. died October 22 at the James A. Haley CPL William C. James, age 24, died This list was provided by the Detroit Veterans’ Hospital in Tampa, Florida, November 9 as a result of enemy action Free Press on December 1, 2004. from injuries received during enemy in Al Anbar Province. He was assigned CALIFORNIA’S FALLEN HEROES action in Al Anbar Province on August to 3rd Battalion, 1st Marine Regiment, Mrs. BOXER. Mr. President, I rise to 21. He was assigned to 1st Combat En- 1st Marine Division, Camp Pendleton, pay tribute to 66 young Americans who gineer Battalion, 1st Marine Division, CA. He was from Huntington Beach, have been killed in Iraq since October Camp Pendleton, CA. CA.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12035 LCpl Nicholas D. Larson, age 19, died in Al Anbar Province. He was assigned CPL Marc T. Ryan, age 25, died No- November 9 as a result of enemy action to 3rd Battalion, 1st Marine Regiment, vember 15 as result of enemy action in in Al Anbar Province. He was assigned 1st Marine Division, Camp Pendleton, Al Anbar Province. He was assigned to to 3rd Battalion, 1st Marine Regiment, CA. 2nd Battalion, 5th Marine Regiment, 1st Marine Division, Camp Pendleton, LCpl Nicholas H. Anderson, age 19, 1st Marine Division, Camp Pendleton, CA. died November 12 in a vehicle incident CA. LCpl Nathan R. Wood, age 19, died while conducting combat operations in LCpl James E. Swain, age 20, died November 9 as a result of enemy action Al Anbar Province. He was assigned to November 15 as result of enemy action in Al Anbar Province. He was assigned 1st Battalion, 4th Marine Regiment, 1st in Al Anbar Province. He was assigned to 3rd Battalion, 1st Marine Regiment, Marine Division, Camp Pendleton, CA. to Headquarters Battalion, 1st Marine 1st Marine Division, Camp Pendleton, LCpl Justin M. Ellsworth, age 20, Division, Camp Pendleton, CA. CA. died November 13 as a result of enemy LCpl Shane E. Kielion, age 23, died LCpl Abraham Simpson, age 19, died action in Al Anbar Province. He was November 15 as result of enemy action November 9 as a result of enemy action assigned to Combat Service Support in Al Anbar Province. He was assigned in Al Anbar Province. He was assigned Battalion 1, Combat Service Support to 3rd Battalion, 5th Marine Regiment, to 3rd Battalion, 1st Marine Regiment, Group 11, 1st Force Service Support 1st Marine Division, Camp Pendleton, 1st Marine Division, Camp Pendleton, Group, Camp Pendleton, CA. CA. CA. He was from Chino, CA. SGT Byron W. Norwood, age 25, died CPT Patrick Marc M. Rapicault, age LCpl Erick J. Hodges, age 21, died November 13 as result of enemy action 34, died November 15 as result of enemy November 10 as a result of enemy ac- in Al Anbar Province. He was assigned action in Al Anbar Province. He was tion in Al Anbar Province. He was as- to 3rd Battalion, 1st Marine Regiment, assigned to 3rd Battalion, 5th Marine signed to 3rd Battalion, 5th Marine 1st Marine Division, Camp Pendleton, Regiment, 1st Marine Division, Camp Regiment, 1st Marine Division, Camp CA. Pendleton, CA. Pendleton, CA. He was from Bay Point, LCpl Benjamin S. Bryan, age 23, died LCpl Antoine D. Smith, age 22, died November 15 as result of enemy action CA. November 13 as result of enemy action SSG Gene Ramirez, age 28, died No- in Al Anbar Province. He was assigned in Al Anbar Province. He was assigned vember 10 as a result of enemy action to 3rd Battalion, 1st Marine Regiment, to 3rd Battalion, 5th Marine Regiment, in Al Anbar Province. He was assigned 1st Marine Division, Camp Pendleton, 1st Marine Division, Camp Pendleton, CA. to 3rd Battalion, 5th Marine Regiment, CA. PFC Cole W. Larsen, age 19, died No- 1st Marine Division, Camp Pendleton, LCpl Victor R. Lu, age 22, was killed vember 13 in Baghdad when a civilian in action November 13 from small arms CA. vehicle struck his military vehicle SSG Michael C. Ottolini, age 45, died fire while conducting combat operation causing it to roll over. He was assigned November 10 in Balad, Iraq when an in the Al Anbar Province. He was as- to the 272nd Military Police Company, signed to 3rd Battalion, 5th Marine improvised explosive device detonated 21st Theater Support Command, Mann- near his up-armored HMMWV. He was Regiment, 1st Marine Division, Camp heim, Germany. He was from Canyon assigned to the Army National Guard’s Pendleton, CA. He was from Los Ange- Country, CA. 579th Engineer Battalion, Petaluma, les, CA. CPL Lance M. Thompson, age 21, died CA. He was from Sebastopol, CA. LCpl Justin D. McLeese, age 19, died November 15 as result of enemy action LCpl Justin D. Reppuhn, age 20, died November 14 as result of enemy action in Al Anbar Province. He was assigned November 11 as a result of enemy ac- in Al Anbar Province. He was assigned to 2nd Battalion, 5th Marine Regiment, tion in Al Anbar Province. He was as- to 3rd Battalion, 1st Marine Regiment, 1st Marine Division, Camp Pendleton, signed to 3rd Light Armored Recon- 1st Marine Division, Camp Pendleton, CA. naissance Battalion, 1st Marine Divi- CA. PFC Jose Ricardo Flores-Mejia, age sion, Camp Pendleton, CA. CPL Dale A. Burger, age 21, died No- 21, died November 16 in Mosul when an CPL Theodore A. Bowling, age 25, vember 14 as result of enemy action in improvised explosive device hit his died November 11 as a result of enemy Al Anbar Province. He was assigned to convoy. He was assigned to the 25th action in Al Anbar Province. He was 3rd Battalion, 1st Marine Regiment, 1st Transportation Company, Schofield assigned to 3rd Battalion, 1st Marine Marine Division, Camp Pendleton, CA. Barracks, HI. He was from Santa Regiment, 1st Marine Division, Camp CPL Andres H. Perez, age 21, was Clarita, CA. Pendleton, CA. killed in action November 14 from an SGT Christopher T. Heflin, age 26, SSG Theodore S. Holder, II, age 27, explosion while conducting combat op- died November 16 as result of enemy died November 11 as a result of enemy eration in the Al Anbar Province. He action in Al Anbar Province. He was action in Al Anbar Province. He was was assigned to 3rd Battalion, 1st Ma- assigned to 3rd Battalion, 1st Marine assigned to 1st Battalion, 3rd Marine rine Regiment, 1st Marine Division, Regiment, 1st Marine Division, Camp Regiment, 1st Marine Division, Camp Camp Pendleton, CA. He was from Pendleton, CA. Pendleton, CA. Santa Cruz, CA. LCpl Luis A. Figueroa, age 21, was 2LT James P. Blecksmith, age 24, LCpl Jeramy A. Ailes, age 22, was killed in action November 18 from died November 11 as a result of enemy killed in action November 15 from small arms fire while conducting com- action in Al Anbar Province. He was small arms fire while conducting combat operations in the Al Anbar Prov- assigned to 3rd Battalion, 5th Marine bat operation in the Al Anbar Prov- ince. He was assigned to 3rd Battalion, Regiment, 1st Marine Division, Camp ince. He was assigned to 3rd Battalion, 1st Marine Regiment, 1st Marine Divi- Pendleton, CA. He was from San 1st Marine Regiment, 1st Marine Divi- sion, Camp Pendleton, CA. He was from Marino, CA. sion, Camp Pendleton, CA. He was from Los Angeles, CA. LCpl Kyle W. Burns, age 20, died No- Gilroy, CA. LCpl Michael W. Hanks, age 22, died vember 11 as a result of enemy action LCpl George J. Payton, age 20, died November 17 as result of enemy action in Al Anbar Province. He was assigned November 14 after sustaining fatal in- in Al Anbar Province. He was assigned to 1st Light Armored Reconnaissance juries while conducting combat oper- to 3rd Battalion, 1st Marine Regiment, Battalion, 1st Marine Division, Camp ations in the Al Anbar Province. He 1st Marine Division, Camp Pendleton, Pendleton, CA. was assigned to 3rd Battalion, 5th Ma- CA. CPL Jarrod L. Maher, age 21, died rine Regiment, 1st Marine Division, LCpl Phillip G. West, age 19, died No- November 12 as result of a non-hostile Camp Pendleton, CA. He was from Cul- vember 19 after sustaining fatal bilat- gunshot wound at Abu Ghraib. His ver City, CA. eral shrapnel wounds to his legs from death is under investigation. He was SGT Rafael Peralta, age 25, died No- an explosion while conducting combat assigned to 1st Battalion, 4th Marine vember 15 as result of enemy action in operations in the Al Anbar Province. Regiment, 1st Marine Division, Camp Al Anbar Province. He was assigned to He was assigned to 3rd Battalion, 1st Pendleton, CA. 1st Battalion, 3rd Marine Regiment, Marine Regiment, 1st Marine Division, SGT Morgan W. Strader, age 23, died 3rd Marine Division, Marine Corps Base Camp Pendleton, CA. He was from November 12 as result of enemy action Hawaii. He was from San Diego, CA. American Canyon, CA.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12036 CONGRESSIONAL RECORD — SENATE December 8, 2004 CPL Joseph J. Heredia, age 22, died She was assigned to Marine Aerial SGT Jamie O. Maugans, age 27, was November 20 in Landstuhl, Germany Refueler Transport Squadron 352, killed April 15, 2002 in Qandahar, Af- from wounds received as result of whose home base is the Marine Corps ghanistan as the result of an explosion enemy action on November 10 in Al Air Station at Miramar, CA. during explosive clearing operations. Anbar Province. He was assigned to 3rd LCpl Bryan P. Bertrand, age 23, was He was assigned to the 710th Explosive Battalion, 5th Marine Regiment, 1st killed January 9, 2002 as result of a KC– Ordnance Detachment, San Diego, CA. Marine Division, Camp Pendleton, CA. 130/R aircraft crash in Pakistan. SSG Justin J. Galewski, age 28, was He was from Santa Maria, CA. He was assigned to Marine Aerial Re- killed April 15, 2002 in Qandahar, Af- LCpl Joseph T. Welke, age 20, died fueler Transport Squadron 352, whose ghanistan as the result of an explosion November 20 in Landstuhl, Germany home base is the Marine Corps Air Sta- during explosive clearing operations. from wounds received as result of tion at Miramar, CA. He was assigned to the 710th Explosive enemy action on November 19 in Al SGT Nathan P. Hays, age 21, was Ordnance Detachment, San Diego, CA. Anbar Province. He was assigned to 3rd killed January 9, 2002 as result of a KC– SSG Brian T. Craig, age 27, was Battalion, 1st Marine Regiment, 1st 130/R aircraft crash in Pakistan. killed April 15, 2002 in Qandahar, Af- Marine Division, Camp Pendleton, CA. He was assigned to Marine Aerial Re- ghanistan as the result of an explosion CPL Kirk J. Bosselmann, age 21, died fueler Transport Squadron 352, whose during explosive clearing operations. November 27 as a result of enemy ac- home base is the Marine Corps Air Sta- He was assigned to the 710th Explosive tion in Al Anbar Province. He was as- tion at Miramar, CA. Ordnance Detachment, San Diego, CA. signed to 1st Battalion, 8th Marine SSG Scott N. Germosen, age 37, was TSSgt Sean M. Corlew, age 37, was Regiment, 2nd Marine Division, Camp killed January 9, 2002 as result of a KC– killed June 12, 2002 in the crash of a Lejune, NC. He was from Napa, CA. 130/R aircraft crash in Pakistan. U.S. Air Force MC–130H in the Paktika LCpl Jordan D. Winkler, age 19, died He was assigned to Marine Aerial Re- province of Afghanistan. He was as- November 26 due to a non-combat refueler Transport Squadron 352, whose signed to the Air Force’s 16th Special lated incident at Camp Fallujah. The home base is the Marine Corps Air Sta- Operations Wing at Hurlburt Field, FL. incident is under investigation. He was tion at Miramar, CA. He was from Thousand Oaks, CA. GySgt Stephen L. Bryson, age 35, was LCpl Antonio J. Sledd, age 20, was assigned to Combat Service Support killed January 9, 2002 as result of a KC– killed October 8, 2002 in Kuwait. He Battalion 1, Combat Service Support 130/R aircraft crash in Pakistan. died from wounds received in action Group 11, 1st Force Service Support He was assigned to Marine Aerial Re- while participating in an urban exer- Group, Camp Pendleton, CA. fueler Transport Squadron 352, whose SGT Trinidad R. Martinezluis, age 22, cise as part of Exercise Eager Mace. home base is the Marine Corps Air Sta- He was assigned to Lima Company, died November 28 in Baqubah when his tion at Miramar, CA. 3rd Battalion, 1st Marines, 11th Marine 5-ton vehicle rolled over and pinned CPT Daniel G. McCollum, age 29, was Expeditionary Unit, Camp Pendleton, him underwater. He was assigned to killed January 9, 2002 as result of a KC– CA. the Army’s 201st Forward Support Bat- 130/R aircraft crash in Pakistan. SGT Gregory M. Frampton, age 37, talion, 1st Infantry Division, Vilseck, He was assigned to Marine Aerial Re- died January 30, 2003 when a MH–60L Germany. He was from Los Angeles, fueler Transport Squadron 352, whose Black Hawk helicopter crashed during CA. home base is the Marine Corps Air Sta- a training mission in Bagram. LCpl Blake A. Magaoay, age 20, died tion at Miramar, CA. He was assigned to 1st Battalion, November 29 as a result of enemy ac- CPT Matthew W. Bancroft, age 29, 160th Special Operations Aviation tion in Al Anbar Province. He was as- was killed January 9, 2002 as result of a Regiment, Fort Campbell, KY. He was signed to 1st Light Armored Recon- KC–130/R aircraft crash in Pakistan. from Fresno, CA. naissance Battalion, 1st Marine Divi- He was assigned to Marine Aerial Re- PFC James R. Dillon, Jr., age 19, died sion, Camp Pendleton, CA. fueler Transport Squadron 352, whose March 13, 2003 in Kuwait as the result SPC Sergio R. Diazvarela, age 21, home base is the Marine Corps Air Sta- of a gunshot wound. He was assigned to died November 24 in Ar Ramadi when tion at Miramar, CA. He was from 3rd Light Armored Reconnaissance an improvised explosive device deto- Shasta, CA. Battalion, 1st Marine Division, Marine nated near his dismounted patrol. SSG Dwight J. Morgan, age 24, was Corps Air-Ground Combat Center, He was assigned to 1st Battalion, killed January 20, 2002 when a Marine Twentynine Palms, CA. 503rd Infantry Regiment, 2nd Brigade CH–53E crashed in a remote region 1st Class Petty Officer Thomas E. Combat Team, Camp Howze, Korea. He south of Bagram in Northern Afghani- Retzer, age 30, died of wounds received was from Lomita, CA. stan. in action June 25, 2003 in Afghanistan. CPL Bryan S. Wilson, age 22, died De- He was assigned to Marine Heavy He was assigned to the Navy SEALs at cember 1 as result of a non-hostile ve- Helicopter Squadron 361, 3rd Marine Virginia Beach, VA. He was from San hicle incident in Al Anbar Province. He Aircraft Wing, Marine Corps Air Sta- Diego, CA. was assigned to 2nd Battalion, 11th Ma- tion, Miramar, CA. He was from SFC Mitchell A. Lane, age 34, died rine Regiment, 1st Marine Division, Mendocino, CA. August 29, 2003 of injuries received Camp Pendleton, CA. SSG Walter F. Cohee, III, age 26, was from a fall while conducting a fast rope Mr. President, 349 soldiers who were killed January 20, 2002 when a Marine infiltration into a known enemy cave either from California or based in Cali- CH–53E crashed in a remote region complex in Afghanistan. He was as- fornia have been killed while serving south of Bagram in Northern Afghani- signed to 2nd Battalion, 3rd Special our country in Iraq. I pray for these stan. He was assigned to Marine Heavy Forces Group, Fort Bragg, NC. He was young Americans and their families. Helicopter Squadron 361, 3rd Marine from Lompoc, CA. I would also like to pay tribute to Aircraft Wing, Marine Corps Air Sta- Petty Officer 2nd Class Darrell Jones, the 25 soldiers from or based in Cali- tion, Miramar, CA. age 22, died October 8, 2003 of non-com- fornia who have died while serving our SrA Jason D. Cunningham, age 26, bat related injuries in the United Arab country in Operation Enduring Free- was killed in action March 4, 2002 in Emirates. He was assigned to the USS dom. eastern Afghanistan during Operation Higgins, San Diego, CA. SSG Brian C. Prosser, age 28, was Anaconda. He was assigned to 38th Res- SPC Adam G. Kinser, age 21, was killed December 5, 2001 by ordnance cue Squadron, Moody Air Force Base, killed January 29, 2004, west of Ghazni, from a B–52 aircraft north of Kandahar, GA. He was from Camarillo, CA. Afghanistan when he was working Afghanistan. Petty Officer 1st Class Neil C. Rob- around a weapons cache and there was He was assigned to the 3rd Battalion, erts, age 32, was killed in action March an explosion. 5th Special Forces Group, Fort Camp- 4, 2002 in eastern Afghanistan during He was assigned to the 304th Psycho- bell, KY. He was from Panorama City, Operation Anaconda. logical Operations Company, U.S. CA. He was assigned to the Navy SEALs, Army Reserve, Sacramento, CA. He SGT Jeannette L. Winters, age 25, Little Creek Naval Amphibious Base, was from Rio Vista, CA. was killed January 9, 2002 as result of a Norfolk-Virginia Beach. He was from CPL Billy Gomez, age 25, died Octo- KC–130/R aircraft crash in Pakistan. Woodland, CA. ber 27, 2004 in Landstuhl, Germany

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12037 from injuries sustained when his vehi- rent World War II telegram system. Secretary Powell arrived at the State De- cle struck an improvised explosive de- Most recently, he decided to strength- partment determined to fix a broken institu- vice in Naka, Afghanistan on October en the Department’s capacity to play a tion. He launched a two-pronged strategy. 20. major role in planning, organizing and First, change the leadership culture so that managers at all levels focus on training, em- He was assigned to the 2nd Battalion, leading the civilian component of sta- powering and taking care of their people. 27th Infantry Regiment, 25th Infantry bilization and reconstruction oper- Second, remedy critical management defi- Division (Light), Schofield Barracks, ations. ciencies: (1) restore diplomatic readiness by HA. He was from Perris, CA. Secretary Powell worked to over- rebuilding State’s staff; (2) give State mod- CPL Dale E. Fracker, Jr., age 23, died come a crisis in embassy construction ern information technology (IT); (3) focus on on November 24 in Deh Rawod, Afghan- and security in which only one new security of the nation (visas and passports), istan, when an improvised explosive de- safe and functional embassy was being of information and of Americans abroad, in- vice detonated near his unit. built each year. The State Department cluding U.S. government employees (also in- He was assigned to the Army’s 2nd is currently managing $4 billion in con- volves holding overseas staffs to the min- struction projects in comparison to the imum necessary—right-sizing); (4) assure Battalion, 5th Infantry Regiment, 25th safe, healthy and secure facilities, especially Light Infantry Division, Schofield Bar- $700 million when Secretary Powell overseas buildings; and (5) relate budgets to racks, HA. He was from Apple Valley, took office. Committed to improve- agreed strategies, policies and priorities. CA. ments in embassy security, the Sec- Visa and passport security required reshap- Mr. President, 25 soldiers who were retary has overseen the construction of ing consular affairs to deal with the post–9/ either from California or based in Cali- 13 embassies in 2-year period—com- 11 world. Secretary Powell also had to ad- fornia have been killed while serving pleting these projects on time and dress two other major management issues: our country in Operation Enduring under budget. Twenty-six additional improving State’s congressional relations embassy projects are currently under- and overhauling public diplomacy following Freedom. I pray for these Americans the 1999 merger of USIA into State. and their families. way. With Congressional support for The accomplishments are extraordinary: f full funding, this building program can Employees at all levels, Foreign Service be completed and all our departments and Civil Service alike, feel empowered and FOREIGN AFFAIRS COUNCIL TASK and agencies operating overseas will respected. Morale is robust. ‘‘One Mission, FORCE REPORT enjoy safer and more functional work One Team’’ has taken root as a value. Mr. LUGAR. Mr. President, I com- environments as soon as possible. Leadership and management training are mend to my colleagues the November The foreign policy achievements of now mandatory for all mid-level and senior Secretary Powell are many. Soon after officers. Career candidates for Ambassador 2004 Task Force Report of the Foreign or Deputy Chief of Mission (DCM) appoint- Affairs Council entitled ‘‘Secretary assuming his post, the Secretary adept- ments have the inside track if they have Colin Powell’s State Department: An ly managed the crisis over the shoot demonstrated leadership qualities. The For- Independent Assessment.’’ down of an American P–3 aircraft over eign Service employee representative, the This nonpartisan report prepared China. He has worked tirelessly to American Foreign Service Association under of the sponsorship of the Council achieve United States objectives in the (AFSA), wants to write this practice into the and on behalf of the 11 organizations war on terrorism. He has sought to permanent rulebook. that comprise the Council represents strengthen important relationships Congress has given State virtually all of the resources Secretary Powell requested. the work of some of the most distin- with Russia, China, India, Pakistan, and has provided critical support for Congress understands that the increases for guished leaders in our Nation’s foreign diplomatic readiness, information tech- policy establishment. further expansion of NATO. The Sec- nology, overseas buildings and diplomatic se- The report chronicles the impressive retary has exhibited distinguished curity are permanent parts of the budget, achievements of Secretary Powell and leadership promoting United States in- not one-time catch-up costs. Deputy Secretary Armitage and their terests around the globe. He has rep- State has achieved most of its Diplomatic team over the last 4 years. resented our country honorably and Readiness Initiative (DRI) staffing goals. One of Secretary Powell’s greatest ably overseas and is widely known and With its new, first-rate recruitment and admired on every continent. marketing program, State has redressed in achievements was his effort to reform three years almost the entire personnel def- the leadership culture of the State De- Secretary Powell has also worked to strengthen relations on the domestic icit of the 1990s (some 2,000 employees hired partment. Through an increased focus above attrition) and increased the diversity on the management, training and em- front. Upon assuming his position, the and quality of Foreign Service officers and powerment of the Department’s For- Secretary committed to improving re- specialists. eign Service officers and civil servants, lations between the State Department All the hardware for modern IT is now in- the Secretary strengthened the team of and the Congress. I think many who stalled and on a four-year replacement cycle. All desks are finally linked worldwide. Infor- individuals who execute our Nation’s have worked with the Secretary during his tenure would attest to the achieve- mation security is greatly enhanced. A new, foreign policy. Secretary Powell com- robust, state-of-the-art message and plemented these management changes ment of this goal. I ask my colleagues to join me in archiving system (SMART) is being tested to with key steps to raise morale and fos- do away with yesteryear’s inadequate tele- commending Secretary Powell on his ter team spirit. grams and their risky distribution and stor- success and in wishing him well in any The Secretary has been personally age. future endeavor he undertakes. The new Overseas Buildings Office (OBO) committed to working with interested I ask unanimous consent that the ex- Members of Congress to strengthen the has completed 13 safe, secure, functional ecutive summary of this report be buildings in two years and under budget. Department over the past 4 years. He printed in the RECORD. Twenty-six more are on the way. This con- most notably worked to improve diplo- There being no objection, the mate- trasts with the pre–2002 rate of about one matic readiness including: the hiring of rial was ordered to be printed in the building per year. Congress and OMB have new officers, a commitment to long- RECORD, as follows: praised OBO effusively. Security upgrades have thwarted terrorist attacks at several term training, especially language SECRETARY COLIN POWELL’S STATE DEPART- posts. training; and significant improvements MENT: AN INDEPENDENT ASSESSMENT—NO- The Deputy Secretary personally chairs in information technology infrastruc- VEMBER 2004 the senior reviews of the Bureaus’ Perform- ture. He addressed staff shortages EXECUTIVE SUMMARY ance Plans (BPPs—policy-related budgets) stemming from budget cuts in the In the summer of 2000 some 1,400 Foreign and the bureaus in turn hold ambassadors Nineties by recruiting and hiring more Service personnel, a quarter of the officer accountable for their Mission Performance Foreign Service officers, consular offi- corps, attached their names to an Internet Plans (MPPs). cers, and diplomatic security per- protest of their working conditions. In early The senior reviews include USAID. There sonnel. In the area of information tech- 2004 the State Department had 200 Civil and is a first-ever five-year Joint State-USAID nology, Secretary Powell provided Foreign Service volunteers, more than it Strategic Plan. And the new State-USAID could handle, for the 146 positions it was Joint Management Councils, one for policy desktop access to the Internet for all opening in Baghdad. The difference was and one for management operations, are run- State Department employees world- Colin Powell and the gifted team of senior ning effectively. wide and developed a state-of-the-art managers he assembled at the State Depart- There are experiments with ‘‘virtual messaging system to replace the cur- ment. posts’’ which aid ‘‘right-sizing’’ and public

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12038 CONGRESSIONAL RECORD — SENATE December 8, 2004 diplomacy (15 of them as of October 2004—see tional priorities and to attain policy objec- Typically, I would not take the floor p. 6). tives as efficiently as possible—has barely to make this point so long after the Administrative operations at six embassies begun. It should be pursued in multiple date of passage. have qualified for ISO 9000 certification (p. venues: interagency capital cost-sharing for But with regard to the Justice for All 12), a point of pride, efficiency and service. overseas buildings; wider use of ‘‘virtual Act, I do feel compelled to respond to a The goal is to certify for ISO 9000 all admin- posts’’ (see p. 6); conscious use of MPPs and, istrative functions at all posts, meaning that with White House support, the BPP senior statement the senior Senator from all administrative functions at all posts reviews to manage the overseas presence of Vermont made on the floor on Novem- meet ISO (International Organization for all U.S. agencies; completion of State’s re- ber 19, 2004—a full 41 days after the pas- Standardization) criteria for certification for gional support center program; and ISO 9000 sage of H.R. 5107 on October 9, 2004, in- administrative excellence. certification for all overseas administrative dicating a different view of the mean- Visa operations use new IT systems and operations that have ‘‘critical mass.’’ ing of this provision and others. The rigorously carry out post–9/11 security re- 9. Future Secretaries, Deputy Secretaries, quirements—sometimes to the detriment of final bill was the product of careful ne- Under Secretaries and Assistant Secretaries gotiations that sought to protect many other U.S. programs and interests, despite must engage fully in management and lead- energetic leadership efforts to maintain ership processes as well as in congressional different States’ interests. It does not ‘‘open doors’’ along with ‘‘secure borders.’’ relations. represent the wish-list of the Senator Many of the management improvements 10. Finally, Congress and the executive from Vermont. Suffice to say that the are institutionally well-rooted, partly be- branch have a series of management issues bill likely would not even have been cause the new Foreign Service cohorts will they need to examine together, including: demand that they stay. But many are vul- enacted had the interests of the dif- the long-term relationship between State, ferent States, interests such as those nerable in a budget crisis, and others require USAID and other U.S. assistance vehicles more work. Key tasks: protected by the revised section 421, (e.g., Millennium Challenge, U.S. Global 1. State must maintain its partnership been adequately protected. Indeed, I AIDS program), and where in the budget and with Congress. Secretary Powell has been would further note that views of the the critical actor in this regard, but he also the appropriations structure it is most appropriate to fund State and USAID (perhaps senior Senator from Vermont are hard- has enabled his senior and mid-level subordi- ly authoritative with regard to this nates to carry much of the load. This prac- merged under a separate ‘‘national security tice must continue. account’’). bill. It is the senior Senator from Utah 2. Integration of public diplomacy into the f that is the author and lead sponsor of policy process is still deficient. Experimen- the bill and the chairman of the com- JUSTICE FOR ALL ACT tation on multiple fronts is needed to make mittee that reported the bill. And as the public diplomacy function more effec- Mr. CORNYN. Mr. President, almost the senior Senator from Utah made tive. Ideas include training, expansion of the 2 months ago, we passed H.R. 5107, the clear at the time that the bill was en- ways public diplomacy officers relate to the Justice for All Act. That bill was the acted, actual legislative history, he Under Secretary for Public Diplomacy, and product of months, even years, of hard aggressive action to make public diplomacy and I understood the bill to carve out a a part of all policy development. work and dedication of many on both State such as Texas that had pre- 3. State’s public affairs efforts need to go sides of the aisle. The final product in- existing capital appointment systems. beyond explaining current policies to the cludes a number of important provi- The senior Senator from Vermont public. They need to engage the public on a sions and badly needed funding for also attempts to take some liberties sustained basis regarding what the Depart- State criminal justice systems and, for with the meaning of other parts of the ment of State is and what its people do, espe- that, I am happy to see it pass. How- Justice for All Act’s capital-counsel cially overseas, as a way to build public con- ever, in order to gain my support, as fidence in the institution and confidence in subtitle. He alleges that its grant pro- the policies it is explaining and carrying out. well as that of a number of my col- visions should be ‘‘strictly interpreted 4. Diplomatic readiness is incomplete, leagues, a number of compromises were by grant administrators’’; that a $125- budget outlooks are grim, and there are new made with respect to certain aspects of an-hour rate for defense attorneys is needs: positions to replace those repro- the Innocence Protection Act section what is ‘‘reasonable’’; that defense at- grammed from diplomatic readiness to cover of the bill. torneys’ pay should be pegged to pros- Iraq and Afghanistan; positions to provide Specifically, the House majority ecutors’ pay, and should include geo- surge capacity for crises; and positions to leader, Mr. DELAY, and other members staff the new, congressionally-proposed Co- graphic cost-of-living adjustments; ordinator for Stabilization and Reconstruc- of the Texas delegation in the House that the capital-counsel entity may tion. State should develop a ready reserve of inserted into the bill a provision de- not delegate some of its functions to active-duty personnel who have strong sec- signed to protect the capital represen- individual trial judges; and that cap- ondary skills in critical fields, plus a select tation system that is in place in Texas. ital-improvement grants may not be cadre of recallable retirees with like skills Section 421(d)(1)(C) was added specifi- used to higher prosecutors. (see Appendix A). Continuous attention to cally to ensure that Texas or any State None of these ambitions for the Jus- the recruitment system is needed to remain with a similarly structured system competitive. And State must protect its tice for All Act has support in the ac- training resources, including those for hard would qualify as an ‘‘effective system’’ tual text of the law. Indeed, some of language and leadership/management train- under the statute. these assertions directly contradict the ing, from raids to cover operational emer- My support of the bill depended en- understanding of the law at the time gencies. Sending people abroad without the tirely on that provision and on the gen- that it was enacted. For example, as requisite training is like deploying soldiers erally agreed-upon understanding of the senior Senator from Utah made without weapons. what that provision accomplishes. As clear to the Senator from Alabama at 5. State must update its overseas consular made clear in a colloquy given on this staffing model to account for post–9/11 the time that the bill passed the Sen- changes in workloads and procedures, so that floor at the time of the bill’s passage, ate, and well before House passage of the U.S. can truly have both ‘‘safe borders on October 9, 2004, between myself, the accompanying enrolling resolution and open doors’’. Senator SESSIONS and the chairman of made Senate passage final, nothing in 6. State has to find a way to staff hardship the authorizing committee, Senator section 421 precludes a State from posts adequately, using directed assignments HATCH, who also happened to be the au- structuring the capital-counsel entity if necessary in order to assure Service dis- thor and sponsor of the legislation, ‘‘it so that general rules and rosters are cipline. is this system [in Texas] or any future 7. State has some distance to go before it set by a larger group of qualified reaps the full benefit of its new IT systems. version of it that specifically is in- judges, and application of those rules The SMART system is almost a year behind tended to be protected by this lan- in individual cases, selection of counsel schedule, albeit for good reasons. More for- guage.’’ Further, we agreed that from the roster and approval of fees mal training of users is needed and a cadre of ‘‘Texas will not have to change a thing and expenses, is made by a qualified IT coaches (today’s secretaries?) should be in order to receive grants under this trial judge presiding over the case. developed to help overseas users. A common bill—it is automatically pre-qualified.’’ Further, I would like to include the computerized accounting and control appli- Mr. HATCH also noted that it was his attached letter from the Texas Task cation is still being developed: the Joint understanding that ‘‘at least half a Force on Indigent Defense regarding [State-USAID] Financial Management Sys- tem (JFMS). It is overdue. dozen other States also will automati- H.R. 5107, the Justice for All Act (P.L. 8. ‘‘Right-sizing’’—aligning the U.S. gov- cally pre-qualify for funding under this 108–405), into the CONGRESSIONAL ernment presence abroad to reflect our na- proviso.’’ RECORD. This letter responds directly

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12039 to the statement by Mr. LEAHY found itself is significant in that what was for- The Nine Administrative Judicial Regions on page S 11609 of the November 19, 2004 merly a closed process is now open to public are responsible for the development of quali- CONGRESSIONAL RECORD. scrutiny. Also significant is the fact that fications and standards for counsel in death these are county-wide plans, thus providing penalty cases. Notwithstanding the Texas I know that my friend, the House Ma- greater uniformity than before when prac- Defender Service report referenced by Mr. jority Leader, included in the House tices varied from judge to judge. From what Leahy in his testimony, the nine administra- record this same letter, but I want to I’ve seen, the Task Force has successfully tive presiding judges take very seriously ensure that the record is clear. As he built bridges with county government and their responsibilities under Texas law. pointed out on the House floor, the leading advocate and public interest groups Through officially published standards and mission of the Texas Task Force on In- for meaningful collaboration and significant qualifications and a thorough screening digent Defense is to promote justice reform.’’ process, they ensure that only the most ca- The following are some of the highlights of and fairness to all indigent persons ac- pable and competent attorneys are appointed what Texas’s courts, counties, and Task in death penalty cases. cused of criminal conduct. The Task Force have accomplished. The report that Mr. Leahy relies on was Force was created by State law, the More Indigent Defendants Receiving Court criticized by many criminal justice stake- Fair Defense Act of 2001, and took ef- Appointed Counsel—In 2002, 278,479 persons holders in Texas. I was disappointed with the fect on January 1, 2002. Since its imple- received court appointed counsel. In 2004, secretive and surprise tactics utilized by the mentation, the Task Force has award- 371,167 persons received court appointed authors in its preparation. No Task Force ed over $28 million to 250 counties in counsel. This represents a 33% increase while members or staff were consulted prior to the all criminal case filings are up only 8%. report’s publication. More significantly, the Texas in furtherance of its mission to Courts and local government are taking nine administrative judges were not con- improve legal representation for indi- their responsibilities seriously. sulted regarding its preparation or its find- gent persons accused of crimes. Public Access—Every indigent defense plan ings prior to its release. For a Dallas Morn- I believe this letter responds in full (adult and juvenile) and every county’s indi- ing News article regarding this report, I and shows exactly the kind of system gent defense expenditures are posted elec- noted the report’s lack of methodology and that H.R. 5107 envisions as effective, tronically and available to anyone with ac- stated that the report’s conclusions ‘‘may be cess to the Internet. In addition, all model and I ask unanimous consent that it be a matter more of form over substance.’’ John forms, procedures, and rules promulgated by Dahill, general counsel for the Texas Con- printed in the RECORD. the Task Force are available online at ference of Urban Counties and a former Dal- There being no objection, the mate- www.courts. state.tx.us/tfid. las County prosecutor, was more blunt. ‘‘It rial was ordered to be printed in the In response to Task Force recommenda- just riles me to no end that the Texas De- RECORD, as follows: tions, judges across the state have submitted fender Service and the Equal Justice Center amendments to bring indigent defense plans TEXAS TASK FORCE didn’t bother to inquire of people with into compliance with the law. Also, every in- ON INDIGENT DEFENSE, knowledge in each of these counties,’’ he digent defense plan has been reviewed by the Re H.R. 5107, the ‘‘Justice For All Act’’— said. Counties generally follow the regional Task Force and is in accordance with the Congressional Record page S11613. plan for appointment of counsel in capital law. cases, he said, and Dallas County follows the Austin, TX, December 1, 2004. Accountability—Because of centralized plan of the first administrative judicial re- Hon. TOM DELAY, oversight of plan submission, the judiciary is gion. That region covers 34 counties in House Majority Leader, accountable to the Task Force. County offi- northeast Texas. The Capitol, Washington, DC. cials are accountable to the Task Force Judge John Ovard of Dallas, who presides Hon. LAMAR SMITH, through expenditure reporting and because over the 1st administrative region, said he Rayburn House Office Building, of receipt of state grants. Prior to this act had not had a chance to read the report but Washington, DC. each county and court in Texas was left to said the county’s failing grade surprised him. Hon. JOHN CARTER, its own means on how to provide these serv- ‘‘We’re in compliance with the task force Cannon House Office Building, ices. . . . which is the primary state agency we re- Washington, DC. Training and Outreach—Each year since port to,’’ he said. ‘‘I certainly am interested DEAR REPRESENTATIVES DELAY, SMITH, AND 2001, the Task Force and staff have provided presentations across the state to 1,200 or in looking at it and see why they came to CARTER: In response to an inquiry last week more judges, county commissioners, defense those conclusions.’’ regarding the statements made by Mr. Leahy Task Force staff meets quarterly with the attorneys, county employees, and other in his statement on November 19, 2004, I am 9 Administrative Presiding judges. The Task criminal justice stakeholders on their re- offering the following for clarification of Force provides administrative assistance to sponsibilities and on the responsibilities of what I believe is the current state of indi- the 9 Administrative Judicial Regions in the State regarding effective indigent de- gent defense in Texas. posting the lists of standards and attorneys fense representation. One program of par- I commend the goals of this bill and the qualified for appointments in electronic for- ticular interest was designed specifically for willingness of Congress to provide States mat readily available to anyone in Texas. State district trial judges who hear capital much needed money in the criminal justice This collaborative effort is not mandated by offenses. This program was sponsored by the arena. Since the reforms to Texas indigent State law but is being done at the request of Center for American and International Law defense laws known as the Texas Fair De- the 9 Administrative Presiding judges to en- fense Act were originally enacted in 2001, the in Plano, Texas on August 19–20, 2004. Spending Up Almost 50% Since 2001—The sure that this process is open to the public Task Force on Indigent Defense, the Texas State and counties have significantly in- and administered consistently across the judiciary, and local government have worked creased expenditures for indigent defense State. diligently to meet and exceed the mandates services statewide to improve the quality of Summary—For the first time in Texas his- of this reform. This reform was haled by counsel appointed to represent the poor. tory the State is providing oversight, fiscal Robert Spangenberg, a leading national ex- In 2001, counties expended approximately assistance, and technical support to local pert on indigent defense as, ‘‘the most sig- $92 million on indigent defense services with- government and courts to improve the deliv- nificant piece of indigent defense legislation out any state assistance. In 2002, county and ery of indigent defense services. All 254 coun- passed by any state in the last twenty state spending together reached approxi- ties in Texas are in compliance with the years.’’ mately $107 million—$15 million more than state reporting requirements. Each indigent Nevertheless, the key to meaningful re- was spent in 2001. In 2003, county and state defense plan in Texas has been reviewed by form lies in implementation. In that regard, spending together amounted to approxi- the Task Force to ensure it provides for Mr. Bill Beardall, Director of the Equal Jus- mately $130—$38 million more than was prompt appointment of qualified counsel and tice Center, and leading advocate of indigent spent in 2001. And, the most recent reports reasonable compensation for appointed coun- reform in Texas recently said that, for FY04 reveal county and state spending sel. Since the passage of the Fair Defense ‘‘[S]ignificant indigent defense improve- together totaled approximately $137 mil- Act, staff has provided presentations across ments were implemented both at the state lion—$45 million more than 2001. All in all the state to more than 4000 judges, county level and in most of Texas’s 254 counties in since the Fair Defense Act passed the State commissioners, defense attorneys, county response to the new law.’’ and counties are expending almost 50% more employees, and other criminal justice stake- Worth noting is that Mr. Spangenberg than they did prior to the Fair Defense Act. holders on their responsibilities and the reserved as the primary author of the Fair De- Neither the State nor the counties are abdi- sponsibilities of State regarding effective in- fense Report, which influenced the passage of cating their responsibilities—to the con- digent defense representation. The key the Fair Defense Act. In response to the trary, the State and counties are providing criminal justice stakeholders in Texas are progress made by Texas, he states: ‘‘In three their best efforts to secure additional rev- being trained and the Texas system has im- short years, the Task Force has used the enue sources as well as implementing proc- proved dramatically since the passage of this limited funding provided to mandate that ess changes to ensure tax payers receive the law. Furthermore, in what may be its great- each county has an indigent defense plan on most value possible for their tax dollars. est achievement, the Task Force has created file. Moreover, these plans are posted elec- Nine Administrative Judicial Regions an efficient and collaborative infrastructure tronically and viewable by anyone. This in Working Collaboratively with Task Force— for continuing implementation of the Fair

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12040 CONGRESSIONAL RECORD — SENATE December 8, 2004 Defense Act and for future improvements to ‘‘We proved that the antidote to rac- flight-related training—nearly 1,000— indigent defense procedures statewide. ism is excellence in performance,’’ said were instrumental in breaking the seg- Thank you for considering my views. If retired Lt. Col. Herbert Carter, who regation barrier. They all had a will- you need any further information, feel free started his military career as a pilot to contact me or any member of the Task ingness to see combat, and committed Force. We are at your disposal to build on and maintenance officer with the 99th themselves to the segregated training the successes all Texans have experienced Fighter Squadron. ‘‘Can you imagine with a purpose to defend their country. since the passage of the Fair Defense Act. . . . with the war clouds as heavy as The Tuskegee Airmen were awarded Sincerely, they were over Europe, a citizen of the three Presidential Unit Citations, 150 JAMES D. BETHKE, United States having to sue his govern- Distinguished Flying Crosses and Le- Director, Task Force on Indigent Defense. ment to be accepted to training so he gions of Merit, along with The Red f could fly and fight and die for his coun- Star of Yugoslavia, 9 Purple Hearts, 14 THE COURAGEOUS TUSKEGEE try?’’ The government expected the ex- Bronze Stars and more than 700 Air AIRMEN periment to fail and end the issue, said medals and clusters. It goes without Carter. ‘‘The mistake they made was question that the Tuskegee Airmen are Mr. LEVIN. Mr. President, today I that they forgot to tell us . . .’’. deserving of the Congressional Gold would like to make my colleagues The first class of cadets began in Medal. aware of my intention, when the 109th July of 1941 with 13 men, all of whom According to existing records, a total Congress convenes in January, 2005, to had college degrees, some with PhD’s of 155 Tuskegee Airmen originated introduce bipartisan legislation, to au- and all had pilot’s licenses. From all from Michigan, I wish to recognize thorize the awarding of the Congres- accounts, the training of the Tuskegee each one of them. I ask unanimous con- sional Gold Medal, collectively, to the Airmen was an experiment established sent that their names be included for Tuskegee Airmen. to prove that ‘‘coloreds’’ were incapa- the RECORD. They are as follows: The Tuskegee Airmen were not only ble of operating expensive and complex Kermit Bailer; Clarence Banton; unique in their military record, but combat aircraft. Stationed in the seg- James Barksdale of Detroit; Hugh Bar- they inspired revolutionary reform in regated South, the black cadets were rington of Farmington Hills; Naomi the Armed Forces, paving the way for denied rifles. Bell; Thomas Billingslea; Lee integration of the Armed Services in Months passed with no call-up from Blackmon; Charles Blakely of Detroit, the U.S. The largely college-educated the government. However, by 1943, the Robert Bowers of Detroit; James Tuskegee Airmen overcame the enor- first contingent of black airmen were Brown of Ypsilanti; Willor Brown of mous challenges of prejudice and dissent to North Africa, Sicily, and Eu- Ypsilanti; Ernest Browne of Detroit; crimination, succeeding, despite obsta- rope. Their performance far exceeded Archibald Browning; Otis Bryant; Jo- cles that threatened failure. What anyone’s expectation. They shot down seph Bryant, Jr. of Dowagiac; Charles made these men exceptional was their six German aircrafts on their first mis- Byous; Ernest Cabule of Detroit; Waldo willingness to leave their families and sion, and were also the first squad to Cain; Clinton Canady of Lansing; Carl put their lives on the line to defend sink a battleship with only machine Carey of Detroit; Gilbert Cargil; Na- rights that were denied them here at guns. Overall, nearly 1,000 black pilots thaniel Carr of Detroit; Donald Carter home. Former Senator Bill Cohen, in graduated from Tuskegee, with the last of Detroit; Clifton Casey; David Cason, remarks on the floor of the Senate in class finishing in June of 1946, 450 of Jr; Peter Cassey of Detroit; Robert July of 1995 summed it up this way: whom served in combat. Sixty-six of Chandler of Allegan; Pembleton Coch- ...I listened to the stories of the the aviators died in combat, while an- ran of Detroit; Alfred Cole of South- Tuskegee airmen and . . . the turmoil they other 33 were shot down and captured field; James Coleman of Detroit; Wil- experienced fighting in World War II, feeling as prisoners of war. The Tuskegee Air- liam Coleman of Detroit; Eugene Cole- they had to fight two enemies: one called men were credited with 261 aircraft de- man; Matthew Corbin of Detroit; Hitler, the other called racism in this coun- Charles Craig of Detroit; Herbert try. stroyed, 148 aircraft damaged, 15,553 combat sorties and 1,578 missions over Crushshon; John Cunningham of Rom- Prior to the 1940s, many in the mili- Italy and North Africa. They destroyed ulus; and John Curtis of Detroit. Don- tary held the notion that black service- or damaged over 950 units of ground ald Davis of Detroit; Cornelius Davis of men were unfit for most leadership transportation and escorted more than Detroit; Eugene Derricotte of Detroit; roles and mentally incapable of combat 200 bombing missions. Clearly, the ex- Taremund Dickerson of Detroit; Walter aviation. Between 1924 and 1939, the periment, as it was called, was an un- Downs of Southfield; John Egan; Army War College commissioned a qualified success. Black men could not Leavie Farro, Jr.; Howard Ferguson; number of studies aimed at increasing only fly, they excelled at it, and were Thomas Flake of Detroit; Harry Ford, the military role of blacks. According equal partners in America’s victory. Jr. of Detroit; Luther Friday; Alfonso to the Journal of the Air Force Maga- A number of Tuskegee Airmen have Fuller of Detroit; William Fuller of zine, Journal of the Air Force Associa- lived in Michigan, including Alexander West Bloomfield; Frank Gardner; Rob- tion, March 1996: Jefferson, Washington Ross, Wardell ert Garrison of Muskegon; Thomas Gay . . . these studies asserted that blacks pos- Polk, and Walter Downs, among others. of Detroit; Charles Goldsby of Detroit; sessed brains significantly smaller than Tuskegee Airmen also trained at Ollie Goodall, Jr. of Detroit; Quintus those of white troops and were predisposed to lack physical courage. The reports main- Michigan’s Selfridge and Oscoda air Green, Sr.; Mitchell Greene; James tained that the Army should increase oppor- fields in the early 40s. In the early Greer of Detroit; Alphonso Harper of tunities for blacks to help meet manpower 1970s, the Airmen established their Detroit; Bernard Harris of Detroit; requirements but claimed that they should first chapter in Detroit. Today there Denzal Harvey; James Hayes of De- always be commanded by whites and should are 42 chapters located in major cities troit; Ernest Haywood of Detroit; always serve in segregated units. of the U.S. The chapters support young Minus Heath; Milton Henry of Bloom- Overruling his top generals and to his people through scholarships, sponsor- field Hills; Mary Hill; Charles Hill, Jr. credit, President Roosevelt in 1941 or- ships to the military academies, and of Detroit; Lorenzo Holloway of De- dered the creation of an all black flight flight training programs. Detroit is troit; Lynn Hooe of Farmington Hills; training program at Tuskegee Insti- also the location of the Tuskegee Air- Heber Houston of Detroit; Ted Hunt; tute. He did so one day after Howard men National Museum, which is on the and Hansen Hunter, Jr. Leonard Isa- University student Yancy Williams grounds of historic Fort Wayne. The belle Sr., Leonard Jackson; Lawrence filed suit in Federal Court to force the late Coleman Young, former mayor of Jefferson of Grand Rapids; Alexander Department of Defense to accept black the city of Detroit, was trained as a Jefferson of Detroit; Silas Jenkins of pilot trainees. Yancy Williams had a navigator bombardier for the 477th Lansing; Richard Jennings of Detroit; civilian pilot’s license and received an bombardment group of the Tuskegee Louie Johnson of Farmington; Ralph engineering degree. Years later, ‘‘Lt. Airmen. This group was still in train- Jones; William Keene of Detroit; Lau- Col. Yancy Williams’’ participated in ing when WWII ended so they never rel Keith of Cassopolis; Hezekiah Lacy an air surveillance project created by saw combat. However, the important of River Rouge; Richard Macon of De- President Eisenhower. fact is that all of those receiving troit; Albert Mallory; Thomas Malone;

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12041 Ralph Mason of Detroit; J. Caulton should do all we can to ensure that bill, and I was pleased to work with Mays of Detroit; William McClenic; Ar- first responders can provide their es- them on it and to include it in our in- thur Middlebrooks; Oliver Miller of sential public services and that intellectual property legislation. These Battle Creek; Vincent Mitchell of Mt. cludes e-911. The spectrum relocation provisions would provide new tools in Clemens; Wilbur Moffett of Detroit; trust fund will free more space for the fight against bootleg copies of Dempsey Morgan of Detroit; Russell wireless broadband services. This will movies snatched from the big screen by Nalle, Jr. of Detroit; Robert O’Neil of help the American economy by pro- camcorders smuggled into theaters. Detroit; Frederick Parker; Robert moting jobs and education. The Uni- Our bill would adopt a creative solu- Pitts of Detroit; Wardell Polk of De- versal Service Fund provision will fix tion developed by the Copyright Office troit; Walter Poole; Calvin Porter of an accounting glitch that if left unat- to address the growing problem of pi- Detroit; Calvin Porter; Leonard Proc- tended will seriously impede the USF racy of pre-release works. Republican tor; Della Rainey; Sandy Reid of as it goes about its critical work. If we obstruction is ensuring that these Southfield; Edward Rembert; Harry do not make this fix, rural commu- problems will be left unaddressed by Riggs of Bloomfield Hills; Walter Rob- nities and schools will suffer, and in this Senate and this Congress. inson of Detroit; Major Ross of Oak the end everyone will pay, with higher Our anticounterfeiting legislation Park; Washington Ross of Detroit; fees. I echo the FCC’s concern and add would mark a step forward in the fight John Roundtree of Westland; Calude my own with respect to the intellec- against software piracy. I was glad to Rowe of Detroit; William Ruben; Wil- tual property legislation. work with Senator BIDEN on this provi- liam Rucker; Jesse Rutledge of De- Thanks to the ingenuity, the inspira- sion, which we included in the intellec- troit; and Issac Rutledge. Calvin Sharp; tion and the hard work of America’s tual property package. The Repub- Albert Simeon, Jr. of Detroit; Paul creators, the United States is the world lican-led Congress can tell our software Simmons, Jr. of Detroit; Leon Smith; leader in the creation of intellectual companies that they will have to wait Chauncey Spencer; William Stevenson; property. Protecting intellectual prop- at least another year for the remedies Chester Stewart of Detroit; Harry erty matters. It matters to our cre- promised by this legislation. The Busi- Stewart of Bloomfield Hills; Roosevelt ators, to our economy and to our fu- ness Software Alliance tells us that $29 Stiger of Jackson; Howard Storey; ture. Affording intellectual property billion in software was stolen in 2003 Willie Sykes of Detroit; Willis Tabor; straightforward and reasonable protec- alone. We are risking a higher number Kenneth Taitt of Detroit; William Tay- tions, and giving law enforcement offi- and more harm as we proceed into 2005. lor, Jr. of Inkster; Lucius Theus of cials the resources to give those pro- There are other noncontroversial Bloomfield Hills; Donald Thomas of tections genuine power should be bipar- provisions in this legislation, as well, Detroit; Austin Thomas; Wm. Horton tisan, noncontroversial goals. In the such as language that would help en- Thompson of Detroit; Jordan Tiller; United States, copyright industries ac- sure that the Library of Congress is Paul Tucker of Detroit; Edward count for at least 12 percent of our able to continue its important work in Tunstall of Detroit; Allen Turner of gross domestic product and employ archiving our Nation’s fading film her- Ann Arbor; Cleophus Valentine of De- more than 11 million people. Copyright itage. Some of America’s oldest films— troit; Charles Walker of Jackson; Rob- industries have been adding workers at works that document who we were as a ert Walker; Roderick Warren of De- an annual rate that exceeds that of the people in the beginning of the 20th Cen- troit; Theodore Washington of Detroit; economy as a whole by 27 percent, and tury—are literally disintegrating fast- Richard Weatherford of Aibion; Jimmie those industries have achieved annual er than they can be saved. Wheeler of Detroit; William Wheeler of foreign sales and exports of almost $90 It now appears an expanse of impor- Detroit; Cohen White of Detroit; Har- billion. Republican objection has pre- tant, bipartisan legislation may fall old White of Detroit; Paul White; Peter vented the Senate from passing impor- victim to yet another Republican road- Whittaker of Detroit; Leonard Wiggins tant intellectual property legislation, block. Our copyright holders will suf- of Detroit; David Williams of Bloom- in an apparent effort to pressure the fer, our patent holders will suffer, our field Hills; Willie Williamson of De- House to accept unrelated legislation. economy will suffer, emergency serv- Along with Senator HATCH, Senator troit; Robert Wolfe; William Womack; ices and broadband deployment will CORNYN, Senator BIDEN, Senator FEIN- and Coleman Young. suffer, our rural communities and rural STEIN, and many others, I have been f schools will suffer. The Senate will working on a package of key intellec- have failed to respond to the needs of SIDETRACKING OF INTELLECTUAL tual property legislation for some the American people. That is a shame. PROPERTY AND TELECOMMUNI- time. Our staffs have worked late into CATIONS LEGISLATION the night and through weekends to ac- f Mr. LEAHY. Mr. President, during complish all that we can this year. We ART ACT the final days of this session, which have a package of strong and signifi- Mr. CORNYN. Mr. President, I note have stretched over weeks and months, cant measures that would bolster pro- that Senator LEAHY today made a floor we have been struggling to pass a num- tection of the intellectual property statement referencing important Intel- ber of important and uncontroversial that helps drive our Nation’s economy lectual Property legislation that unfor- bills, but we have met with what some and that would ensure that law en- tunately will not pass in the 108th Con- would call obstructionism from the Re- forcement has the tools it needs to do gress. publican side of the aisle. Enactment its job in this regard. There was no I agree completely with the Senior of legislation needed for e-911 provi- good reason not to have sent this pack- Senator from Vermont’s view of the sions to provide critical resources to age to the House so that it could be en- importance of these matters and I our first responders, the Universal acted without delay. Instead, it has share his frustration that the bills are Service Administrative Corporation, a been blocked and the reason has noth- not moving forward because of matters spectrum relocation trust fund, junk ing to do with the merits of the bill. It not related to the substance of the leg- fax legislation, as well as the Family is merely being misused as leverage in islation. Entertainment and Copyright Act, an attempt to pass unrelated legisla- I joined with Senator FEINSTEIN to anticounterfeiting legislation, film tion that the Senate has already sent introduce the ART Act, S. 1932, just preservation legislation and many to the House and that the House finds over a year ago to help curtail the other measures have been sidetracked objectionable. Apparently some are problem of piracy of films in movie and hijacked. willing to sacrifice important intellec- theaters and to help stop the illegal The Federal Communications Com- tual property legislation for their own distribution of pre-released copy- mission Chairman Michael Powell has narrow purposes. That is unfortunate. righted works. It is a good bill, but it spoken out urging enactment of these Our economy loses billions of dollars will not become law despite having needed telecommunications bills. The every year to various forms of piracy. passed the Senate twice this year and telecommunications package contains Instead of making inroads in this fight, enjoying overwhelming bipartisan sup- critically important provisions that we face a Republican roadblock. It is a port in the House. will enhance 911 service, allow spec- barrier that stands in the way of the Along with the ART Act, other valu- trum relocation, and preserve the abil- ART Act, a bill that passed the Judici- able legislation such as the Family ity of the universal service fund to do ary Committee and then the full Sen- Movie Act, a bill that will help parents its important work. These are not con- ate by unanimous consent. Senators control the content of films and other troversial or partisan provisions. We CORNYN and FEINSTEIN introduced the entertainment their children see is

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12042 CONGRESSIONAL RECORD — SENATE December 8, 2004 being held up. Good legislation, such as much work to do to ensure the fran- case in which we urged the court to af- anti-counterfeiting and film preserva- chise for all Americans, I am confident firm and enforce these rights. tion, is also not moving forward again, that without HAVA, thousands of eligi- As with any comprehensive civil for reasons completely unrelated to the ble American voters would not have rights legislation, HAVA’s reach and substance of the bills. been able to cast a vote, nor have their effectiveness will have to be hammered As disappointed as I am about this, I vote counted, in the November 2004 out by the courts. As that process am encouraged by the good faith bipar- Presidential election. plays out, coupled with the States’ im- tisan work that has occurred among It is important to remember that plementation of the remaining HAVA my staff and the staffs of my col- HAVA is not yet fully implemented. In reforms, we will be in a better position leagues. I want to thank Senators some respects, the most important re- to assess whether this landmark legis- FEINSTEIN, LEAHY, HATCH and BIDEN for forms have yet to be implemented by lation hit the mark or needs further re- their assistance and support, and most- the States. These reforms include man- form. ly, I want to thank their staffs for datory uniform and nondiscriminatory In order to assist Congress in assess- their dedication, hard work and long requirements that all voting systems ing the effectiveness of HAVA, specifi- hours devoted to this effort. provide second-chance voting for vot- cally with regard to the implementa- I especially would like to note Sen- ers, be fully accessible to the disabled, tion of the provisional ballot require- ator LEAHY’s diligence and dedication provide for a permanent paper record ment, I have requested that the GAO to this cause, and willingness to pass for manual audits, and establish stand- conduct and compile a nationwide re- over legislation he introduced and be- ards for what constitutes a vote and view of state implementation of this lieves to be important in deference to how such a vote will be counted for provision. In particular, I have asked the greater cause of passing a larger bi- each type of voting system used by a the GAO to compile data on the num- partisan package that would have pro- State. ber of provisional ballots cast in the tected copyrighted works, but for the Additional reforms, which must be 2004 election, the number of provisional senseless and unneeded obstacles implemented by 2006, include the estab- ballots counted, the number not count- placed before it. lishment of a computerized statewide ed and the reasons such provisional I am confident that when we take voter registration list which must con- ballots were not counted. While it is al- this legislation up in the 109th Con- tain the name and registration infor- ready clear that the States are imple- gress, we will pass it and I look forward mation for every eligible voter in a menting this provision in significantly to working with these Senators and State. Most importantly, the statewide differing manners, it is troublesome others to accomplish that goal. database must be available electroni- that whether a Federal ballot is count- f cally to every State and local election ed or not depends upon State law. official, ensuring access to voter infor- Efforts such as the conference and ELECTION REFORM mation at the polling place on election forum this week, and others to occur in Mr. DODD. Mr. President, yesterday day. Had these additional reforms been the coming weeks, are vital to under- the Leadership Conference on Civil in place this November, many of the standing the full impact of HAVA and Rights, along with Common Cause and election day problems that arose across its limitations. Although some weak- the Century Foundation, sponsored the the country could have been avoided or nesses in HAVA are already apparent, first comprehensive public review of resolved at the polling place. and it would be my intent to introduce election day issues, including a review But what we do know is that HAVA’s legislation early in the 109th Congress of the implementation of certain provi- requirement that all States shall pro- to address these weaknesses to better sions of the Help America Vote Act, vide a provisional ballot to voters who ensure HAVA’s effectiveness, it is HAVA, bipartisan legislation I was are challenged at the polls, for any rea- through conferences and forums such pleased to coauthor in the 107th Con- son, ensured the franchise for thou- as these that Congress can assess what gress. Numerous other organizations sands of Americans on November 2 this further reforms are needed. are also planning similar reviews, in- year. Although many States had forms At some point, we must ask ourselves cluding the distinguished ranking of provisional ballots, HAVA requires whether we can ever truly ensure an member of the House Judiciary Com- that any voter who is willing to affirm equal opportunity to cast a vote and mittee, Congressman JOHN CONYERS, that he or she is registered in the juris- have our votes counted for all Ameri- who is hosting a forum on election day diction where they want to vote, and cans when our elections are adminis- issues today on the House side. As the are eligible to vote in that election, tered by 55 different State and terri- primary Senate author of HAVA, I wel- must be allowed to cast a provisional torial governments through over 10,000 come these reviews and believe that ballot for the Federal offices in that ju- local jurisdictions in a decentralized Congress can learn much from them in risdiction. In Ohio alone, 155,000 voters manner. Even in light of HAVA’s terms of whether HAVA is working as cast provisional ballots, of which an es- farreaching reforms, this Nation is al- intended. timated 77 percent were counted. That most unique in its administration of Following the debacle of the 2000 represents over 119,000 thousand Amer- Federal elections at the local level. Presidential election, I sought the ican voters who otherwise might not Even under HAVA, States and local- input and counsel of the Leadership have been able to cast a vote or have ities have broad, but not absolute, dis- Conference and countless other civil their vote counted, but for HAVA. cretion in how they implement HAVA. rights, disability, language minority, Some States, including Ohio, at- Similarly, the voting system standards and voting rights groups to fashion leg- tempted to restrict the right to a pro- which the Federal Election Assistance islation which would ensure that every visional ballot, but were ultimately un- Commission will issue, pursuant to eligible American voter would have an successful. The Federal Court of Ap- HAVA, remain voluntary only. equal opportunity to cast a vote and peals for the 6th Circuit of the United This discretion played out quite dif- have that vote counted. Our efforts, States affirmed the absolute right to ferently across this Nation with re- and the efforts of others, produced the receive a provisional ballot, without spect to whether provisional ballots, Help America Vote Act. HAVA has any additional requirements, in the de- once cast, were actually counted. It is been hailed as the first civil rights law cision of Sandusky vs. Blackwell de- time to consider whether, for Federal of the 21st century, and I am com- cided on October 26, just one week elections, there is a national responsi- mitted to ensuring that it is fully im- prior to the election. That decision bility to ensure that no matter where plemented as such. upheld the right of an individual voter and how a ballot is cast for the Office The results of the 2004 Presidential to seek judicial redress of the rights of the President of the United States, election have not been contested in the conferred by HAVA and confirmed the all Americans will have confidence same manner as those of the 2000 elec- absolute right of a challenged voter to that their vote was cast and counted in tion. However, the jury is still out on receive a provisional ballot. I was a uniform and nondiscriminatory way. whether HAVA successfully addressed pleased to file an amici curiae brief, The Help America Vote Act is his- the problems that arose in the 2000 along with my distinguished colleague, toric landmark legislation that com- election. While I believe there is still Congressman STENY HOYER, in this prehensively defines, for the first time

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12043 in this Nation’s history, the role of the Fritz Hollings National Ocean Policy cornerstone of the Federal financial Federal Government in the conduct of and Leadership Act, and S. 2648, the aid system that provides affordable Federal elections. It was an important Ocean Research Coordination and Ad- college access for thousands of Amer- first step. I look forward to working vancement Act. ican students who otherwise could not with my colleagues and the civil Beyond the oceans, Senator HOLLINGS advance their education. In an era of rights, disability, language minority, worked to make our communities and growing inflation and skyrocketing and voting rights communities, as well schools safer, through programs such tuition costs, we should be encouraging as State and local election officials, to as Community Oriented Policing Serv- and not denying our students’ chances continue our work to ensure that all ices, COPS, that put more than 100,000 of achieving the American dream Americans have access to the most fun- police officers on the streets in 13,000 through education and hard work. damental right in a representative de- communities across the country. The Second, the bill does a poor job of mocracy: the right to cast a vote and COPS program is also the largest making the needs of disadvantaged have that vote counted. source of dedicated funding for inter- children and families a priority. Head Start, for example, has received $6.9 f operable communications for public safety officers. billion—a slight increase over the pre- RETIREMENT OF SENATOR Senator HOLLINGS brought competi- vious year, but only enough to reach ERNEST F. HOLLINGS tion to the telecommunications arena and meet the needs of 60 percent of eli- Mr. INOUYE. Mr. President, I rise to which resulted in new services to con- gible young children. Inadequate in- join my colleagues in tribute to Sen- sumers at affordable rates. vestment levels have also been pro- ator ERNEST ‘‘FRITZ’’ HOLLINGS. I will I will miss Senator HOLLINGS’ wis- vided for important initiatives, such as miss my good friend from South Caro- dom, vision, and wit, but mostly his the Child Care Development Block lina, who in 2003, at the age of 81, fi- friendship. Grant and Community Health Centers, nally became his State’s senior sen- I wish FRITZ and his wife Peatsy a both of which provide vital services ator—after 36 years as a junior Sen- fond aloha. that ensure the health and well-being ator. Mr. DODD. Mr. President, I rise to of disadvantaged families and their In addition to being remembered as a discuss the FY 2005 omnibus appropria- children. We all know that high-qual- coauthor of the Gramm-Rudman-Hol- tions bill, which the Senate passed late ity child care and health services for lings legislation that cut tens of bil- last month and the President signed the poor continue to be in scarce sup- lions of dollars from the Federal budg- into law earlier today. ply or simply unavailable, unaffordable, and of dubious quality. et deficit, FRITZ HOLLINGS has left an When this legislation was considered Instead of trying to rectify these grow- indelible mark on our nation in the by the Senate, I cast my vote in oppo- ing challenges, we are only exacer- areas of health care, environmental sition. At that time, I stated several bating the problems faced by millions protection, resource conservation, reasons for my vote. I rise today to of Americans in urban, suburban, and technology development, job creation, state several additional reasons for my rural areas. vote—reasons which have come to light transportation security, and law en- Third, the omnibus bill severely cuts forcement, to name a few. only upon a more thorough examina- important housing and community de- Immediately after the September 11, tion of this legislation. velopment services—particularly those First, the omnibus appropriations 2001, terrorist attacks on America, services that assist low-income and el- bill underfunds educational activities Senator HOLLINGS worked to protect derly individuals. While the Depart- in the No Child Left Behind Act by ap- the safety of our traveling public by ment of Housing and Urban Develop- authoring the Aviation Security Act proximately $8 billion relative to au- ment has received a meager 2 percent which created the Transportation Se- thorized funding levels. It underfunds increase, the Section 8 voucher initia- curity Administration. Similarly, rec- activities under Title I—which assist tive has received inadequate invest- ognizing that America’s ports and bor- low-income school districts—by over ment, the Fund for Elderly Housing ders were our Nation’s weak security $7.7 billion. The bill also underfunds ac- has been cut by $30 million over last links, Senator HOLLINGS championed tivities authorized in the Individuals year’s funding level, Housing for Peo- legislation to increase security at with Disabilities Education Act by ple with AIDS has been cut by $11 mil- America’s ports. over $10 billion. By denying localities lion over last year’s funding level, and As the father of the National Oceanic adequate Federal support with which the Community Development Block and Atmospheric Administration, Sen- to raise school standards, student Grant—an important initiative that ator HOLLINGS recognized the extent to achievement, and infrastructure stand- has assisted dozens of distressed mu- which the ocean environment sustains ards, we are denying millions of chil- nicipalities in my State—has been us—from human uses in commerce and dren and their families across the slashed by $212 million over the fiscal recreation to being the original cradle country the educational resources they year 2004 level. In addition, the HOPE of life on our planet. He knew the im- need to succeed in a competitive world. VI initiative, which has assisted in the portance of taking appropriate steps to We are denying them teachers. We are redevelopment of public housing com- be responsible stewards of this rich, yet denying them tutors. We are denying plexes across the country, has been cut fragile resource. them important components of the by 75 percent over the past 4 years. His oceans legacy includes author- academic curricula—components that Many municipalities in my State, in- ship of the National Coastal Zone Man- include art, foreign language, physical cluding Danbury, Hartford, Middle- agement Act of 1972, which established education, and music. Without these town, New Haven, and Stamford have Federal policy for protecting coastal resources, our children are going to benefitted from HOPE VI resources to- areas, and the Marine Mammal Protec- continue to struggle to keep up with taling over $142 million to demolish de- tion Act, which also became the model children of other nations in edu- ficient facilities and build quality af- for other countries, for the protection cational achievement and proficiency. fordable housing. Without this vital of dolphins, sea otters and other mam- Moreover, this legislation freezes the support, many of my constituents mals. In a continuing effort to do what maximum Pell grant for low-income would have been denied the oppor- is best for our ocean environment, Sen- students who plan to attend college to tunity to live in decent and safe hous- ator HOLLINGS created the U.S. Com- $4,050 for the third year in a row. It ing. I find it shameful that this bill mission on Ocean Policy in 2000, to re- also does not include a necessary recal- fails to provide the resources that help view the accomplishments of the last culation of eligibility requirements— Americans fulfill one of their most 30 years, and recommend actions for an oversight that will cause up to 90,000 basic needs: a decent shelter over their the future. Upon the issuance of the re- low-income students across this coun- heads. port, Senator HOLLINGS laid the try to lose this vital resource for pay- Fourth, the omnibus bill, in my view, groundwork for legislation to adopt the ing tuition costs. That oversight will discourages positive job growth and recommendations of the Ocean Com- also reduce the amount of a Pell Grant business expansion. This administra- mission. I am the proud cosponsor of by an average of $300 for about one mil- tion and Congress have talked end- two of those measures, S. 2647, the lion students. The Pell Grant is the lessly about helping people find work

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12044 CONGRESSIONAL RECORD — SENATE December 8, 2004 and encouraging small businesses to anced tax cuts imposed by this admin- infected. In this scenario, it would be grow. Unfortunately, the actions of istration that have chiefly caused our likely that the disease would not be de- this bill sadly contradicts their words. current deficit predicament—a predica- tected until the fifth day and a na- Aside from the fact that this bill al- ment that promises to have long-term tional order to stop the interstate lows up to 425,000 Federal jobs to be ramifications for the economic health movement of livestock would take outsourced and up to 8 million private of our country. According to CBO pro- place a few days later. Using Dr. workers to be denied overtime com- jections, the Bush tax cuts account for McGinn’s assumptions, over 23 million pensation—two issues about which I the majority of an expected $5.5 trillion animals would die from illness or need spoke in my previous statement—it deficit increase over the next 7 years. to be destroyed. It is horrifying that also cuts funds to the Small Business They are projected to increase the def- such a massive blow could strike one of Administration by almost 19 percent icit more than all domestic investment the United States’ largest markets by and reduces initiatives that encourage combined. simply coordinating the infection of small business growth in rural America In short, this legislation, in my view, five animals. by 77 percent. Instead of working to- reflects a continuing failure to invest As a senior member of the Govern- wards creating new jobs and helping in the productive potential of our chil- mental Affairs Committee, one of my working families and individuals, the dren, workers, and small businesses. I greatest concerns is the lack of govern- legislation creates yet another obstacle sincerely hope that the Senate will do mental organization—Federal, State, for millions of Americans to provide better in the 109th Congress. and local—to address this problem. Over 30 Federal agencies have jurisdic- for themselves and their families. f Beyond these four points, the omni- tion over some part of the response bus bill provides inadequate invest- PROTECTING AMERICAN process in the event of a breach of agri- ment levels for a variety of other serv- AGRICULTURE cultural security. ices and initiatives that are vital to Mr. AKAKA. Mr. President, last Fri- In a report on the country’s pre- our country. The bill cuts the Environ- day, December 3, 2004, Secretary of paredness for responding to animal- mental Protection Agency budget by 3 Health and Human Services Tommy bourne diseases issued in August 2003, percent over the fiscal year 2004 level Thompson, in his resignation speech, Trust for America’s Health, a non- and cuts conservation programs run by stated, ‘‘For the life of me, I cannot profit, nonpartisan organization founded to raise the profile of public health the Department of Agriculture by 4 understand why the terrorists have not issues, stated: percent; it provides inadequate re- attacked our food supply because it is The U.S. is left with a myriad of bureau- sources to the National Institutes of so easy to do so.’’ These are strong cratic jurisdictions that respond to various Health and beneficial research projects words coming from the man charged aspects of the diseases, with little coordina- undertaken by that agency; it provides with protecting the Nation’s food sup- tion and no clear plan for communicating inadequate resources to the COPS ini- ply. Yet this sort of warning is not with the public about the health threats tiatives, reduces support available to news to those of us who follow this posed by animal-borne diseases. law enforcement agencies, and vir- issue. Protecting America’s agriculture and tually eliminates a successful grant The security of our Nation’s food its citizens requires Federal agencies initiative to assist those agencies in supply is of great concern to me. Over to have clear areas of responsibility hiring more personnel; it cuts the Na- the past year, the United States has that leave no ground uncovered and tional Science Foundation’s budget by been reminded repeatedly of the vul- open lines of communication, both be- $105 million over fiscal year 2004 levels nerable nature of the American agri- tween agencies and with the public. and cuts $38 million from important culture system and the ease with which State and local officials, and the arts initiatives run by the Smithso- terrorists could manipulate that vul- communities they serve, are the front nian, the National Endowment for the nerability. In 2003, mad cow disease lines of defense for American agri- Arts, and the National Endowment for surfaced for the first time in Wash- culture. Without adequate resources, the Humanities; and it freezes funding ington State and various strains of the both in terms of funding and advice, for Amtrak for the third year in a avian influenza began cropping up these defenses will fail. Yet agriculture row—essentially negating any chance across Asia and in the United States. I and food security have not been given for our country to invest in new modes have come to the floor repeatedly over the national attention necessary to of regional rail transportation. Fur- the past few years to call attention to prevent this failure. On December 7, 2001, I stood on the thermore, every initiative in the bill this growing problem. I also introduced floor of the Senate and warned of the suffers a further 0.8 percent reduction legislation to strengthen prevention vulnerability of American agriculture. in support so that the strict budgetary and response efforts as early as 2002. To address my concerns, I introduced restrictions imposed by the Bush ad- At a November 2003 Governmental Affairs Committee hearing, ‘‘Agroter- S. 2767, the Agriculture Security Pre- ministration would be met. paredness Act, on July 22, 2002. My bill It is worth to note this bill is not rorism: The Threat to America’s was not acted upon in the 107th Con- completely without merit. There are Breadbasket,’’ Dr. Peter Chalk, a gress, so I continued my efforts in the increased investment in child nutrition RAND policy analyst, testified that an 108th Congress with the introduction of attack on American livestock could be assistance, food stamps, local transpor- S. 427, the Agriculture Security Assist- extremely attractive to a terrorist for tation initiatives, and global HIV/AIDS ance Act, and S. 430, the Agriculture prevention. There is also much-needed the following four reasons: one, a low Security Preparedness Act. support for several important initia- level of technology is needed to do con- The Agriculture Security Assistance tives in my home State of Connecticut. siderable damage; two, at least 15 Act would assist States and commu- Unfortunately, these positive provi- pathogens have the capability of se- nities in responding to threats to the sions do not outshine the legislation’s verely harming the agriculture indus- agriculture industry by authorizing numerous shortcomings. try; three, a terrorist would not need funds for: animal health professionals The President and several of our Re- to be at great personal risk in order to to participate in community emer- publican colleagues have said repeat- carry out a successful attack; and four, gency planning activities to assist edly that the inadequate investment a disease could spread quickly through- farmers in strengthening their defenses levels in this bill are designed to re- out a city, State, or even the country. against a terrorist threat; a biosecu- duce the soaring deficits plaguing our Dr. Tom McGinn, formerly of the rity grant program for farmers and country today. They go on to say that North Carolina Department of Agri- ranchers to provide needed funding to domestic initiatives are primarily re- culture, demonstrated a computer-sim- better secure their properties; and the sponsible for the increasing deficits. ulated attack of foot-and-mouth, or use of sophisticated remote sensing and Unfortunately, the facts before us FMD, disease at our hearing where computer modeling approaches to agri- today belie these assertions. According FMD was introduced in five States. Ac- cultural diseases. to a Congressional Budget Office report cording to Dr. McGinn’s simulation, The Agriculture Security Prepared- from September 7, 2004, it is not domes- after five days 23 States would be in- ness Act would enable better inter- tic investments but the grossly imbal- fected; after 30 days 40 States would be agency coordination within the Federal

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12045 Government by: establishing senior Prime Minister Tony Blair on Sep- until after the time for the political deci- level liaisons in the Departments of tember 14, 2004 at a dinner to mark the sions that need to be taken, has passed. In Homeland Security, or DHS, and 10th Anniversary of his Royal High- other words, there is a mismatch in timing between the environmental and electoral im- Health and Human Services to coordi- ness’ Business and Environmental Pro- pact. Secondly, no one nation alone can re- nate with the Department of Agri- gramme. Prime Minister Blair states solve it. It has no definable boundaries. culture and all other relevant agencies that he believes that climate change is Short of international action commonly on agricultural disease emergency the world’s greatest environmental agreed and commonly followed through, it is management and response; requiring challenge. In the speech, Prime Min- hard even for a large country to make a dif- DHS and USDA to work with the De- ister Blair outlined his plans to have ference on its own. But there is no doubt that the time to act partment of Transportation to address the G8 countries take action to address is now. It is now that timely action can the risks associated with transporting the causes and effects of climate avert disaster. It is now that with foresight animals, plants, and people between change by reaching three basic agree- and will such action can be taken without and around farms; requiring the Attor- ments. The prime minister hopes to disturbing the essence of our way of life, by ney General to conduct a review of rel- reach agreements on the basic science adjusting behaviour not altering it entirely. evant Federal, State, and local laws to on climate change and the threat it There is one further preliminary point. Just as science and technology has given us determine if they facilitate or impede poses; a process to speed up the re- the evidence to measure the danger of cli- agricultural security; and directing the search and deployment of technologies mate change, so it can help us find safety State Department to enter into mutual to meet the threat posed by climate from it. The potential for innovation, for sci- assistance agreements with foreign change; and ways to meet the growing entific discovery and hence, of course for governments to facilitate the sharing energy needs around the world without business investment and growth, is enor- of resources and knowledge of foreign further impacting the world’s climate. mous. With the right framework for action, animal diseases. I ask unanimous consent that the the very act of solving it can unleash a new While some in the administration prime minister’s speech on climate and benign commercial force to take the action forward, providing jobs, technology will say the situation is under control change be printed in the RECORD. spin-offs and new business opportunities as and there is no need for legislation There being no objection, the mate- well as protecting the world we live in. from Congress, I would point to the rial was ordered to be printed in the But the issue is urgent. If there is one mes- failure of the Food and Drug Adminis- RECORD, as follows: sage I would leave with you and with the tration to comply with the basic food PRIME MINISTER TONY BLAIR SPEECH ON British people today it is one of urgency. Let me turn now to the evidence itself. The safety requirements in the Bioter- CLIMATE CHANGE scientific evidence of global warming and cli- rorism Act of 2002 in a timely manner. The 10th anniversary of His Royal High- mate change: UK leadership in environ- On Monday, the FDA published regula- ness’ Business and the Environment Pro- mental science. tions requiring all companies involved gramme marks what is now recognised as Apart from a diminishing handful of in food production, processing, manu- the premier international forum for explor- sceptics, there is a virtual worldwide sci- ing sustainable development in the context entific consensus on the scope of the prob- facturing, and transportation to keep of business. detailed records identifying the source lem. As long ago as 1988 concerned scientists 1. Over the coming months we will take set up an unprecedented intergovernmental from which a food product was received forward the wider sustainable development panel to ensure that advice to the world’s de- and/or the recipient to whom a product and environment agenda. Margaret Beckett cision-makers was sound and reliable. was sent. is working on a comprehensive DEFRA 5 Literally thousands of scientists are now The Bioterrorism Act required that year programme to be released this year and engaged in this work. They have scrutinised these regulations be issued by Decem- a new sustainable development strategy for the data and developed some of the world’s ber 2003—a full 12 months ago. The ad- early next year. This will deal with, amongst most powerful computer models to describe ministration will continue to drag its other matters, issues of waste, recycling, and predict our climate. sustainable agriculture, all aspects of bio- UK excellence in science is well docu- feet on this issue if we in the Congress diversity; and fishing, and will set out poli- mented: we are second only to the US in our are not attentive. cies in each key area. For example, on the share of the world’s most cited publications. In the wake of Secretary Thompson’s marine environment, I believe there are And amongst our particular strengths are remarks, there has been much national strong arguments for a new approach to the environmental sciences, lead by the attention given to the vulnerability of managing our seas, including a new Marine world-renowned Hadley and Tyndall centres the American food supply. Some who Bill. for climate change research. But tonight I want to concentrate on what And from Arnold Schwarzenegger’s Cali- had not focused on this issue in the fornia to Ningxia Province in China, the past are publicly expressing concern I believe to be the world’s greatest environmental challenge: climate change. problem is being recognised. about the safety of American food, and Our effect on the environment, and in par- Let me summarise the evidence: the national media is broadcasting spe- ticular on climate change, is large and grow- The 10 warmest years on record have all cial investigative reports on ing. been since 1990. Over the last century aver- agroterrorism. President Bush was To summarise my argument at the outset: age global temperatures have risen by 0.6 de- From the start of the industrial revolution grees Celsius: the most drastic temperature questioned about the issue during his rise for over 1,000 years in the northern press briefing with President more than 200 years ago, developed nations have achieved ever greater prosperity and hemisphere. Musharraf on Saturday. higher living standards. But through this pe- Extreme events are becoming more fre- The spotlight is being focused on this riod our activities have come to affect our quent. Glaciers are melting. Sea ice and glaring weakness in U.S. security. We atmosphere, oceans, geology, chemistry and snow cover is declining. Animals and plants must do more to protect the American biodiversity. are responding to an earlier spring. Sea lev- public from what experts describe as an What is now plain is that the emission of els are rising and are forecast to rise another 88cm by 2100 threatening 100m people glob- obvious and vulnerable target. The greenhouse gases, associated with industrialisation and strong economic ally who currently live below this level. real, and perceived, security of the Na- The number of people affected by floods growth from a world population that has in- tion’s food supply is critical to the con- worldwide has already risen from 7 million in creased sixfold in 200 years, is causing global tinued prosperity of the United States. the 1960s to 150 million today. warming at a rate that began as significant, I will reintroduce S. 427 and S. 430 in In Europe alone, the severe floods in 2002 has become alarming and is simply had an estimated cost of $16 billion. the 109th Congress, and I urge my col- unsustainable in the long-term. And by long- This summer we have seen violent weather leagues to cosponsor my bills. Together term I do not mean centuries ahead. I mean extremes in parts of the UK. we can move this legislation forward within the lifetime of my children certainly; These environmental changes and severe and demonstrate that Congress is pro- and possibly within my own. And by weather events are already affecting the tecting our food supply. unsustainable, I do not mean a phenomenon world insurance industry. Swiss Re, the causing problems of adjustment. I mean a world’s second largest insurer, has estimated f challenge so far-reaching in its impact and that the economic costs of global warming SPEECH BY PRIME MINISTER irreversible in its destructive power, that it could double to $150 billion each year in the TONY BLAIR alters radically human existence. next 10 years, hitting insurers with $30–40 The problem and let me state it frankly at billion in claims. Mr. MCCAIN. Mr. President, I would the outset—is that the challenge is com- By the middle of this century, tempera- like to call to the attention of my col- plicated politically by two factors. First, its tures could have risen enough to trigger irre- leagues a speech given by British likely effect will not be felt to its full extent versible melting of the Greenland ice-cap—

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12046 CONGRESSIONAL RECORD — SENATE December 8, 2004 eventually increasing sea levels by around As part of next year’s G8 process I want to Just as British know-how brought the rail- seven metres. advance work on promoting the development ways and mass production to the world, so There is good evidence that last year’s Eu- and uptake of cleaner energy technologies British scientists, innovators and business ropean heat wave was influenced by global begun under the French Presidency in 2003 people can lead the world in ways to grow warming. It resulted in 26,000 premature and continued by the US this year. and develop sustainably. deaths and cost $13.5 billion. We need both to invest on a large scale in I am confident business will seize this op- It is calculated that such a summer is a existing technologies and to stimulate inno- portunity. Cutting waste and saving energy one in about 800 year event. On the latest vation into new low carbon technologies for could save billions of pounds each year. With modelling climate change means that as deployment in the longer term. There is about 90 percent of production materials soon as the 2040s at least one year in two is huge scope for improving energy efficiency never part of the final product and 80 percent likely to be even warmer than 2003. and promoting the uptake of existing low of products discarded after single use, the op- That is the evidence. There is one over- carbon technologies like PV, fuel cells and portunities are clear. riding positive: through the science we are carbon sequestration. Local, practical sustainability: new aware of the problem and, with the necessary This technology is coming out of the lab- schools, new housing and re-invigorating political and collective will, have the ability oratory and becoming reality in new fuel cell ‘Agenda 21’. to address it effectively. cars, combined heat and power generators But Government can give a lead in its own The public, in my view, do understand this. and in new low carbon fuels. The next gen- procurement policy. The news of severe weather abroad is an al- eration of photovoltaics are unlikely to need NEW SUSTAINABLE SCHOOLS most weekly occurrence. A recent opinion the now familiar panels: smart windows There is a huge school building programme survey by Greenpeace showed that 78 percent could generate the power required for new underway. All new schools and City Acad- of people are concerned about climate buildings. And carbon sequestration: lit- emies should be models for sustainable de- change. erally capturing carbon and storing it in the velopment: showing every child in the class- But people are confused about what they ground, also has real potential. BP are al- room and the playground how smart building can do. It is individuals as well as Govern- ready involved in an Algerian project which and energy use can help tackle global warm- ments and corporations who can make a real aims to store 17 million tonnes of CO2. ing. difference. The environmental impacts from What we need to do is build an inter- The government is now developing a school business are themselves driven by the national consensus on how we can speed up specific method of environmental assessment choices we make each day. the introduction of these technologies. that will apply to all new school buildings. And there are already many great exam- To make serious headway towards smarter Sustainable development will not just be a ples of companies here in the UK showing lifestyles, we need to start with clear and subject in the classroom: it will be in its the way: consistent policy and messages, championed bricks and mortar and the way the school Ceres Power based in Crawley and utilising both by government and by those outside uses and even generates its own power. technology developed at Imperial College government. Telling people what they can do Our students won’t just be told about sus- have developed a new fuel cell that has that would make a difference. tainable development, they will see and work unique properties and is a world leader, and UK ACTION within it: a living, learning, place in which Just a few weeks ago Ocean Power Deliv- to explore what a sustainable lifestyle I said earlier it needed global leadership to ery transmitted the first offshore wave en- means. tackle the issue. But we cannot aspire to ergy from the seas off Orkney to the UK such leadership unless we are seen to be fol- grid. HOUSING lowing our own advice. And these are not isolated examples. The economic and social case for new hous- So, what is the UK Government doing? We Understandably, climate change focuses ing is compelling. But we must also ensure have led the world in setting a bold plan and minds on big, industrial, energy users. But that our approach is environmentally sus- targets for reducing greenhouse gas emis- retailers are also working with suppliers to tainable. This means action at both the na- sions. reduce the impacts of goods and services tional and local level. Heating, lighting and We are on track to meet our Kyoto target. that they sell. I want to see the day when cooling buildings produces about half of The latest estimates suggest that green- consumers can expect that environmental re- total UK carbon emissions. house gas emissions in 2003 were about 14 sponsibility is as fundamental to the prod- In 2002 we raised the minimum standard percent below 1990 levels. But we have to do ucts they buy as health and safety is now. for the energy performance of new buildings more to achieve our commitment to reduce Government has to work with business to by 25 percent. And next year we’ll raise it by carbon dioxide emissions by 20 percent by move forward, faster. For example, we will another 25 percent. The challenge now is to 2010. help business cut waste and improve re- work with the building industry to encour- Our targets are ambitious and we must source efficiency and competitiveness age sustainability to be part of all new hous- continually review and refine how we can through a programme of new measures funding through a new flexible Code for Sustain- meet them. In 2000, we published our Climate ed through landfill tax receipts. We will fol- able Buildings. Change Programme, which set out a com- low up the report of the Sustainable Build- The new developments proposed in specific prehensive range of policies aimed at reduc- ings Task Group to raise environmental parts of the south east including the Thames ing our greenhouse gas emissions. Tomor- standards in construction. Gateway represent a huge opportunity for us row, we’ll be setting out the details of this The Carbon Trust is helping business to ad- to show what can be achieved in terms of review to see if it is achieving the necessary dress their energy use and encourage low- modern, smart, 21st century, sustainable liv- progress towards our short-term and long- carbon innovation. In total, efficiency meas- ing: not just in terms of reduced energy use, term emissions targets, and if not, to see ures are expected to save almost 8 million but also through better waste management, how we can do better. tonnes of carbon from business by 2010, more sustainable transport and availability of In the longer term, The Royal Commission than 10 percent of their emissions in 2000. quality local parks and amenities. on Environmental Pollution’s seminal report Our renewables obligation has provided a RE-INVIGORATING AGENDA 21 on energy concluded that to make its con- major stimulus for the development of re- tribution towards tackling climate change, newable energy in the UK. It has been ex- Many local communities understand the the UK needed to reduce our carbon dioxide tended to achieve a 15.4 percent contribution links between the need to tackle national emissions by 60 percent by 2050. This implies from renewables to the UK’s electricity and global environmental challenges and ev- a massive change in the way this country needs by 2015, on a path to our aspiration of eryday actions to improve our produces and uses energy. We are committed a 20 percent contribution by 2020. In the neighbourhoods and create better places to to this change. short term, wind energy—in future increas- live. In 1997, I encouraged all local authorities There are immense business opportunities ingly offshore—is expected to be the primary to work with their communities and produce in sustainable growth and moving to a low source of smart, renewable power. carbon economy. Our position on nuclear energy has not Local Agenda 21 plans by 2000. There was an overwhelming response: from The UK has already shown that it can have changed. And as we made clear in our Energy County Durham to Wiltshire and from a strongly growing economy while address- White Paper last year, the government does Redbridge to Cheshire, local people showed ing environmental issues. Between 1990 and ‘‘not rule out the possibility that at some what could be done. Next year, as a key part 2002 the UK economy grew by 36 percent, point in the future new nuclear build might of our new Sustainable Development Strat- while greenhouse gas emissions fell by be necessary if we are to meet our carbon egy, I want to reinvigorate community ac- around 15 percent. targets.’’ But business itself must seize the opportu- In short, we need to develop the new green tion on sustainable development. nities: it is those hi-tech, entrepreneurial industrial revolution that develops the new ACTION IN THE EU businesses with the foresight and capability technologies that can confront and overcome From this base of domestic action we move to tap into the UK’s excellent science base the challenge of climate change; and that out to action Europe-wide. that will succeed. Tackling climate change above all can show us not that we can avoid We believe, as I know many of you do, that will take leadership, dynamism and commit- changing our behaviour but we can change it trading is the most cost effective way to re- ment—qualities that I know are abundantly in a way that is environmentally sustain- duce emissions. The emissions trading represented in this room. able. scheme which we have advocated and pushed

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12047 in Europe is of great importance to our I want today to highlight three key parts We have been warned. On most issues we goals, and to those of Europe. The establish- of my G8 strategy. ask children to listen to their parents. On ment of a carbon trading market throughout First, I want to secure an agreement as to climate change, it is parents who should lis- the world’s most important economic area the basic science on climate change and the ten to their children. next year will be an enormous achievement, threat it poses. Such an agreement would be Now is the time to start. and will change the way thousands of busi- new and provide the foundation for further f nesses think about their energy use. Cutting action. carbon emissions is the way the future will Second, agreement on a process to speed up ELDER JUSTICE ACT OF 2004 be, and we have repeatedly said that there the science, technology, and other measures are advantages to British industry from necessary to meet the threat. Mr. BREAUX. Mr. President. I rise to early action. Third, while the eight G8 countries ac- speak about the Elder Justice Act of In Britain and throughout the world, the count for around 50 percent of global green- 2004, the substitute for S. 333 as re- expected rapid growth in demand for trans- house gas emissions, it is vital that we also ported by the Committee on Finance. port, including aviation, means that we must engage with other countries with growing This bill is designed to greatly enhance develop far cleaner and more efficient air- energy needs—like China and India; both on our knowledge about elder abuse, ne- craft and cars. how they can meet those needs sustainably I am advised that by 2030, emissions from and adapt to the adverse impacts we are al- glect and exploitation, and how to aircraft could represent a quarter of the ready locked into. combat it in the 21st Century. First, I UK’s total contribution to global warning. A Given the different positions of the G8 na- would like to take a moment to thank big step in the right direction would be to tions on this issue, such agreement will be a Chairman GRASSLEY, Senator BAUCUS, see aviation brought into the EU emissions major advance; but I believe it is achievable. and the other Members of the Finance trading scheme in the next phase of its de- The G8 Presidency is a wonderful oppor- Committee for unanimously reporting velopment. During our EU Presidency we tunity to give a big push to international this bill. I thank Senator HATCH for his will argue strongly for this. opinion and understanding, among busi- And the UK is taking a strong lead glob- nesses as well as Governments. unwavering support for this bill as a ally. We have to recognise that the commit- lead sponsor. I also thank all 45 bi-par- From Europe, we need then to secure ac- ments reflected in the Kyoto protocol and tisan Senate cosponsors and over 100 tion world-wide. Here it is important to current EU policy are insufficient, uncom- bipartisan House cosponsors and their stress the scale of the implications for the fortable as that may be, and start urgently staff members. All have been instru- developing world. It is far more than an envi- building a consensus based on the latest and mental in helping move this legislation ronmental one, massive though that is. It best possible science. forward and I appreciate all of the time needs little imagination to appreciate the se- Prior to the G8 meeting itself we propose curity, stability and health problems that first to host an international scientific meet- and effort each has contributed. will arise in a world in which there is in- ing at the Hadley Centre for Climate Pre- Despite the rapid aging of America, creasing pressure on water availability; diction and Research in Exeter in February. few pressing social issues have been as where there is a major loss of arable land for More than just another scientific conference, systematically ignored as elder abuse, many; and in which there are large-scale dis- this gathering will address the big questions neglect and exploitation, as illustrated placements of population due to flooding and on which we need to pool the answers avail- by the following points: other climate change effects. able from the science: Twenty five years of congressional It is the poorest countries in the world What level of greenhouse gases in the at- that will suffer most from severe weather mosphere is self-evidently too much?; and hearings on the devastating effects of events, longer and hotter droughts and rising What options do we have to avoid such lev- elder abuse, called elder abuse a ‘‘dis- oceans. Yet it is they who have contributed els?; grace’’ and a ‘‘burgeoning national least to the problem. That is why the world’s This can help inform discussion at the G8. scandal.’’ richest nations in the G8 have a responsi- CONCLUSION To date, we have no Federal law en- bility to lead the way: for the strong nations to better help the weak. The situation therefore can be summarised acted to address elder abuse in a com- Such issues can only be properly addressed in this way: prehensive manner. through international agreements. Domestic (1) If what the science tells us about cli- Congress passed comprehensive bills action is important, but a problem that is mate change is correct, then unabated it will to address the ugly truth about child global in cause and scope can only be fully result in catastrophic consequences for our abuse and crimes against women, yet addressed through international agreement. world. (2) The science, almost certainly, is cor- there is not one full-time Federal em- Recent history teaches us such agreements ployee working on elder abuse in the can achieve results. rect. The 1987 Montreal Protocol—addressing (3) Recent experience teaches us that it is entire Federal Government. the challenge posed by the discovery of the possible to combine reducing emissions with The cost of elder abuse is high by any hole in the ozone layer—has shown how economic growth. measure, including needless human suf- quickly a global environmental problem can (4) Further investment in science and tech- fering, inflated healthcare costs, de- be reversed once targets are agreed. nology and in the businesses associated with pleted public resource, and loss of one it has the potential to transform the possi- However, our efforts to stabilise the cli- of our greatest national assets, the wis- mate will need, over time, to become far bilities of such a healthy combination of sus- more ambitious than the Kyoto Protocol. tainability and development. dom and experience of our elders. Kyoto is only the first step but provides a (5) To acquire global leadership, on this Abuse of our seniors takes many solid foundation for the next stage of climate issue Britain must demonstrate it first at forms. It can be physical, sexual, psy- diplomacy. If Russia were to ratify that home. chological or financial. The perpe- would bring it into effect. (6) The G8 next year, and the EU Presi- trator may be a stranger, an acquaint- We know there is disagreement with the dency provide a great opportunity to push ance, a paid caregiver, a corporation this debate to a new and better level that, US over this issue. In 1997 the US Senate and, far too often, a spouse or another voted 95–0 in favour of a resolution that stat- after the discord over Kyoto, offers the pros- ed it would refuse to ratify such a treaty. I pect of agreement and action. family member. Elder abuse happens doubt time has shifted the numbers very None of this is easy to do. But its logic is everywhere, in poor, middle class and radically. hard to fault. Even if there are those who upper income households; in cities, But the US remains a signatory to the UN still doubt the science in its entirety, surely suburbs, and rural areas. It knows no Framework Convention on Climate Change, the balance of risk for action or inaction has demographic or geographic boundaries. and the US National Academy of Sciences changed. If there were even a 50 percent With scientific advances and the chance that the scientific evidence I receive agree that there is a link between human ac- graying of millions of baby boomers, tivity, carbon emissions and atmospheric is right, the bias in favour of action would be warming. Recently the US Energy Secretary clear. But of course it is far more than 50 last year the number of elderly on the and Commercial Secretary jointly issued a percent. planet passed the number of children report again accepting the potential damage And in this case, the science is backed up for the first time. Although we have to the planet through global warming. by intuition. It is not axiomatic that pollu- made great strides in promoting inde- Climate change will be a top priority for tion causes damage. But it is likely. I am a pendence, productivity and quality of our G8 Presidency next year. strong supporter of proceeding through sci- life, old age still brings inadequate Recently, I announced that together with entific analysis in such issues. But I also, as health care, isolation, impoverishment, Africa, climate change would be our top pri- I think most people do, have a healthy in- ority for next year’s G8. I do not under-esti- stinct that if we upset the balance of nature, abuse and neglect for far too many mate the difficulties. This remains an issue we are in all probability going to suffer a re- Americans. of high and fraught politics for many coun- action. With world growth, and population as Studies conclude that elder abuse, tries. But it is imperative we try. it is, this reaction must increase. neglect and exploitation are widely

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12048 CONGRESSIONAL RECORD — SENATE December 8, 2004 under reported and these abuses sig- those trying to make decisions about resentatives, Representative EMANUEL, nificantly shorten the lives of older different types of long-term care pro- Representative KING and Majority victims. A single episode of mistreat- viders. Whip ROY BLUNT for their efforts ment can ‘‘tip-over’’ an otherwise inde- More and more of us will enjoy throughout the process. pendent, productive life, triggering a longer life in relative health, but with There are so many individuals across downward spiral that can result in de- this gift comes the responsibility to the country to recognize for their advo- pression, serious illness and even prevent the needless suffering too often cacy in passing the Elder Justice Act. death. borne by our frailest citizens. However, there are too many to recog- Too many of our frailest citizens suf- Let me take a moment to thank so nize here. So, I thank the 357 strong fer needlessly and cannot simply move many people who contributed to the Elder Justice Coalition, lead by Robert away from the abuse. Frequently, they development of this legislation. First, I Blancato, for their passionate advocacy cannot express their wishes or suf- thank Senator HATCH for joining me on this legislation, and the members of fering. And, even if they can, often and working with me as a lead cospon- the steering committee: National Com- they do not, fearing retaliation. sor of the bill. Without the support of mittee for the Prevention of Elder This amendment will elevate elder Senator GRASSLEY and Senator BAU- Abuse, National Academy of Elder Law abuse, neglect and exploitation to the CUS, the, chairman and ranking mem- Attorneys, National Association of national stage in a lasting way. We ber of the Committee on Finance, this State Units on Aging, National Asso- want to ensure Federal leadership to bill could never have advanced to this ciation of APS Administrators, and Na- States and to provide resources for point. I deeply appreciative of their tional Association of State Long-Term services, prevention and enforcement commitment, and perseverance to see- Care Ombudsman Programs. Last but efforts to those on the front lines. ing this through the committee. I must not least, I would like to extend my A crime is a crime whoever the vic- thank all the members of the com- sincerest appreciation to Marie-The- tim and wherever it occurs. Crimes mittee for their unanimous support of rese Connolly, Nursing Home Initiative against seniors must be elevated to the this bill. Further, I thank the 45 bipar- Coordinator at the U.S. Department of level of child abuse and crimes against tisan Senate cosponsors and the 91 bi- Justice who served as a resource and women. partisan House cosponsors, lead by who provided immeasurable assistance It is clear in confronting child abuse Representative RAHM EMANUEL, Major- in the development of this bill. and violence against women that the ity Whip ROY BLUNT, and Representa- I am deeply gratified by how close best method of prevention is three- tive PETER KING for their tireless ef- the Senate came to passing the Elder pronged—through law enforcement, forts toward passage in the House. Justice Act on the eve of my retire- public health and social services. With No legislation can advance without ment from the Congress and look for- grant programs in the Departments of the efforts of an immensely dedicated ward to this bill being passed expedi- Health and Human Services and Jus- staff. I would like to take this oppor- tiously and signed into law in the next tice, this amendment ensures a com- tunity to mention the many individ- Congress so that elder justice can be- bined public health-law enforcement uals who worked to ensure the passage come a reality for those Americans coordination at all levels. In addition, of this bill. I thank my Staff Director who need it most. because elder abuse and neglect have of the Special Committee on Aging, f been virtually absent from the national Michelle Easton, for assembling a tal- research agenda, this amendment es- ented staff and laying the groundwork IN TRIBUTE TO COL ANTHONY tablishes research projects to fuel fu- for this important legislation, and my WALKER, USMC ture legislation. chief of staff Fred Hatfield for his lead- Mr. CHAFEE. Mr. President, I rise to These measures lay the foundation to ership. I thank my chief investigative note the recent death of Marine Corps address, in a meaningful and lasting counsel, Lauren Fuller, for leading nu- COL Anthony Walker, a Rhode Islander way, a devastating and growing prob- merous hearings examining the nature who served his country with the high- lem that has been invisible for far too and extent of elder abuse that resulted est distinction. long. We can no longer neglect these in the development of this legislation After graduating in 1939 from Yale difficult issues afflicting frail and el- and for her tireless efforts to see it College, Mr. Walker enlisted in the Ma- derly victims. through to completion. I thank the fol- rine Corps, was commissioned a second This effort takes numerous steps to lowing present and former staff of the lieutenant in 1941 and was deployed to prevent and treat elder abuse: Special Committee who worked on var- the South Pacific during World War II. It improves prevention and interven- ious aspects of the hearings and legis- As a Raider Company commander, he tion by funding projects to make older lation, making many sacrifices in the led part of the successful attack on Americans safer in their homes, facili- process: Cecil Swamidoss, Janet Viru Harbor, New Georgia. He was ties and neighborhoods, to enhance Forlini, Phil Thevenet, Joy Cameron, wounded in New Georgia at the battle long-term care staffing and to stop fi- Matt Lavigna, Arika Pierce, Dana for Bairoko. Returning to combat, he nancial fraud before the money goes Dupre, Kori Forster, Elaine Dalpiaz, fought in the campaigns of Emirau, out the door. Scott Mulhauser, Ryan McGinn and Guam, and Okinawa. In Okinawa, he It enhances detection by creating fo- Patricia Hameister. commanded the 6th Marine Division’s rensic centers and developing expertise I also thank members of the Com- Reconnaissance Company, leading nu- to enhance detection of the problem. mittee on Finance who went above and merous night patrols and attacks. The It bolsters treatment by funding ef- beyond the call of duty to shepherd end of the war marked 30 continuous forts to find better ways to mitigate this legislation: Ted Totman, Kolan months for him in the Pacific Theater. the devastating consequences of elder Davis, Russ Sullivan, Bill Dauster, Liz Colonel Walker later served tours of mistreatment. Fowler, Mark Hayes, Andrea Cohen, duty as a U.N. observer in Kashmir, as It increases collaboration by requir- David Schwartz, Emilia DiSanto, a battalion and regimental commander ing ongoing coordination at the Fed- Becky Shipp, Chad Groover, Carla Mar- in the Fleet Marine Force, as a com- eral level, among Federal, State, local tin and Robert Merulla. mander of Marine Barracks at Fort and private entities, law enforcement, I want to also mention the efforts of Campbell, KY, and at Guantanamo long-term care facilities, consumer ad- staff of other members including Patti Bay, Cuba. He was a student and an in- vocates and families. DeLoatche, Bruce Artim, Kevin structor at the U.S. Naval War College It aids prosecution by assisting law O’Scannlain, and Wan Kim with Sen- in Newport, and in 1971 concluded 32 enforcement and prosecutors to ensure ator HATCH; Pete Spiro and Liz Smith years of active duty, including a year that those who abuse our Nation’s frail with Representative RAHM EMANUEL; in South Vietnam as the Operations Of- elderly will be held accountable, wher- Kevin Fogarty with Representative ficer of the Joint Military Assistance ever the crime occurs and whoever the PETER KING; and Joe Trauger with Ma- Command. victim. jority Whip ROY BLUNT. I would par- In the Marine Corps, this Vietnam It helps consumers by creating a re- ticularly like to thank the leadership War veteran was known as ‘‘Cold source center for family caregivers and of my colleagues in the House of Rep- Steel’’ in recognition of his particular

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12049 skill in close combat and small unit and rich tradition of support to the Boy years after the collapse of the Soviet tactics. Colonel Walker was highly re- Scouts of America. Accordingly, the Depart- Union. garded for his tactical and leadership ment of Defense supports the proposed Con- In South Ossetia (in north central skills. His decorations included two current Resolution expressing the sense of Georgia), as well as in Abkhazia (in Congress that the Department of Defense western Georgia), disputes broke out Silver Stars, the Purple Heart, a Presi- should continue to exercise its statutory au- dential Unit Citation, a Navy Unit thority to support the activities of the Boy shortly after independence. In both Commendation and the Legion of Scouts of America, in particular the periodic South Ossetia and Abkhazia, Russian Merit. national and world Boy Scout Jamborees. forces aided ethnic separatists as a way A devoted military historian, he pub- Sincerely, to weaken Georgia. They sent arms, lished two books and numerous arti- DONALD RUMSFELD. money, ‘‘volunteers’’ and military ad- cles, many on the Revolutionary War. f visers. In South Ossetia, Russian Presi- His book, ‘‘So Few the Brave,’’ is the dent Boris Yeltsin negotiated a GEORGIA AND THE TRUTH ABOUT definitive history of the Rhode Island ceasefire in 1992 and forced Georgia to SOUTH OSSETIA regiments in the Revolution. accept Russian and North Ossetian Colonel Walker served as president of Mr. KYL. Mr. President, I rise today ‘‘peacekeepers.’’ In 1994, the Conference Middletown Little League and was a to talk about the republic of Georgia, on Security and Cooperation in Europe volunteer for the Sachuest Point Wild- America’s ally in the war on terror and (now the Organization on Security and life Sanctuary. He was a member of the partner in Iraq. Cooperation in Europe or OSCE) took Sons of the American Revolution, the I am not sure if you are aware of this, responsibility for diplomatic efforts Marine Corps Heritage Foundation, and but the republic of Georgia has dis- and monitoring in South Ossetia with the Middletown Historical Society. patched 150 of its troops to participate the full support of the Georgian gov- Colonel Walker leaves behind Judith in the coalition that liberated Iraq and ernment. In 1999, the OSCE added mon- Walker, his wife of 57 years, three sons, is now assisting in the rebuilding of itoring of the Chechen-Georgian bor- William W. Walker of Winston-Salem, that country. Last month, the Geor- der, and later the Ingush and Dagestani NC, Daniel A. Walker of Hartford, CT, gian government announced that it portions of the Georgian border. and Lt. Col. Andrew D. Walker, USMC, would nearly quintuple its number of For 10 years following the OSCE’s in- retired, of Poolesville, MD; and six forces in Iraq. volvement in South Ossetia, several grandchildren. In recent weeks, much has been things happened. First, it became clear Colonel Walker was a man of integ- heard and seen of the political crisis in that the OSCE was unwilling or unable rity and honesty, a leader respected Ukraine. A little more than 1 year ago, to take effective measures to resolve and loved by his family, friends, col- a similar crisis befell Georgia following the separatist conflict—chiefly because leagues and military alumni in the its November presidential election. As Russia has a veto in the OSCE. The Newport area. He will truly be missed. with Ukraine, the election results ap- ‘‘peacekeeping’’ force has the Geor- f peared rigged in favor of the ruling gians out-numbered and out-gunned by party candidate. CWO DAVID H. GARDNER JR. South Ossetians, North Ossetians, and As we all know, the people of Geor- Russians. Any effort to expand the Mr. GRASSLEY. Mr. President, I rise gia, through a group of brave, young OSCE beyond its limited monitoring today to honor CWO David H. Gardner reformers, patriots, and democrats, role or limited geographical area is op- Jr., an Iowa native who was killed brought about historic political change posed by Russia. The OSCE mission is when his UH–60 Black Hawk helicopter in that country. Known now as the unable to monitor Russian violations went down near Fort Hood in Texas. A Rose Revolution, the forces of democ- of Georgian airspace and only rarely 1991 graduate of Mason City High racy, led by Mikhail Saakashvili, pre- uncovers illegal arms shipments. While School in Mason City, IA, David Gard- vailed in Georgia and forced then- individuals working in the OSCE mis- ner served as a helicopter pilot as- President Eduard Shevardnadze to re- sion perform admirably under difficult signed to the 4th Infantry Division’s A sign. During the past year, President conditions, the unavoidable fact re- Company, 2nd Battalion, 4th Aviation Saakashvili’s government has dramati- mains: the OSCE mission in Georgia is Regiment. He had previously served in cally reformed the Georgian govern- deeply and structurally flawed. the Iowa National Guard before going ment, instituting far-reaching polit- The second major development was on active duty in the 1990s. From Octo- ical, economic, and legal reforms. And, in the economy of South Ossetia. Deep- ber of 2003 until the following April, just last month, the U.S. Senate passed ly isolated from the rest of Georgia but Chief Warrant Officer Gardner served S. Res. 472 honoring the 1-year anniver- having a land link to the Russian Fed- his country in Iraq. sary of the Rose Revolution and recog- eration, South Ossetia became a giant I ask my colleagues in the Senate nizing the achievements the Georgian smuggler’s market—in effect criminal- and all Americans to join me today in government has made in democratizing izing its entire economy. Cigarettes, paying tribute to Chief Warrant Officer that country. alcohol, drugs, arms, and foodstuffs all Gardner. My deepest sympathy goes I would like to focus the remainder of came in duty-and-tax free. A massive out to his friends and family, and par- my remarks on a small region in the open-air black market operated with ticularly the 7-year-old daughter he republic of Georgia called South impunity in Tskhinvali, the provincial leaves behind. It is my hope that she Ossetia, a place I’m sure relatively few capital of South Ossetia. Profit from grows up knowing of the tremendous Americans have heard of. But the po- the contraband smuggling and sale was sacrifice her father made for his coun- tential for violence in this region was distributed among Russian border try and the deep appreciation America highlighted by the vicious terrorist at- guards, Russian military officers, and has for him. Chief Warrant Officer tack in September of this year against corrupt South Ossetian officials. Some Gardner will always be honored as a a school in North Ossetia—in Beslan, foreign diplomats even suggested this hero who gave his life for his country, Russia, just over the border from Geor- smugglers paradise was positive be- and he will be greatly missed. gian South Ossetia. cause it provided employment and low- Mr. NELSON of Florida. Mr. Presi- In 1991, the Soviet Union dissolved cost goods. dent, I ask unanimous consent that the and many republics gained independ- Earlier this summer, Georgian Presi- text of a letter be printed in the ence, including Georgia. But almost dent Saakashvili decided the long-fes- RECORD. since the beginning, some in Russia did tering status quo was unacceptable—as There being no objection, the letter not accept the end of the Soviet em- it would be to the head of state of any was ordered to be printed in the pire. Russian overt and covert pressure democracy. What leader could tolerate RECORD, as follows: worked to undermine the new-found separatists armed and sustained by a THE SECRETARY OF DEFENSE, sovereignty among bordering coun- foreign power, the same foreign power Washington, DC, November 19, 2004. tries. No former republic was subject to that refuses to withdraw its own ille- Hon. BILL FRIST, Majority Leader, U.S. Senate, Washington, DC. more pressure than Georgia. Russia re- gally stationed troops? What leader DEAR MR. LEADER: The Department of De- fused to withdraw its troops—a refusal could tolerate a massive contraband fense takes great pride in its longstanding that continues even today, some 13 market supplied directly from Russian

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12050 CONGRESSIONAL RECORD — SENATE December 8, 2004 territory and operating under the noses plain its veto. In the wake of appro- ity cap for single-hull tankers. The bill of international monitors? What leader priate sympathy for all the Russian would double the liability limits for could tolerate threats against ethnic victims of separatist terrorism, we double-hull vessels and facilities since Georgians in South Ossetia while for- should force Russia to explain and jus- those limits have not changed since eign ‘‘volunteers’’ from Kuban, tify its continued support for separat- they were established 14 years ago. I Abkhazia and Trans-Dniester arrived ists in Georgia. We must also be clear thank Bob for his hard work on this to fight Georgians—as happened in about the ultimate outcome. There will important bill. July 2004? What leader could tolerate be no independence and there will be no Bob also took the lead on the separatists whose loyalty is to a for- incorporation into Russia for South brownfields tax provision that was suc- eign country and whose closest connec- Ossetia. The only solution for South cessfully added to the JOBS bill which tions are with the intelligence services Ossetia is within a sovereign Georgia. became law this year, Public Law 108– and criminal mafias of that country? Finally, the U.S. should increase our 357. We all have so-called brownfields It should surprise no one that Presi- assistance to Georgia, especially our in our States—the long-abandoned dent Saakashvili began to take steps military assistance. The Georgia Train manufacturing facilities—and we know for the peaceful reincorporation of and Equip Program, GTEP, was very how important it is to get these prop- South Ossetia into Georgia. It should successful in improving Georgian capa- erties cleaned up and put back produc- surprise no one that the Russian media bilities so that terrorists in Georgia’s tive use. My amendment provides de- portrayed President Saakashvili as Pankisi Gorge were killed, appre- velopers interested in brownfields with rash, reckless, and irresponsible for his hended, or forced out. Unfortunately, greater access to capital—alleviating efforts. Surprisingly, Russian propa- GTEP was halted after the training of what developers say is their number ganda was picked up by some in the one battalion. GTEP should be rein- one problem when it comes to invest- western media who portrayed demo- stated to further increase Georgian ca- ing in these properties and sites. It cratically elected President pabilities. A strong Georgia is the best does this by exempting funds which Saakashvili’s efforts toward national guarantee of deterring Russian or originate with tax-exempt entities, integration as impulsive or erratic. South Ossetian military action. A such as pension funds and university They were not. They were a legitimate strong and secure Georgia is the best endowments, from being subject to the effort to reach a peaceful resolution in guarantee for the patience required for ‘‘unrelated business income tax’’ or accordance with international law. a multilateral diplomatic solution. UBIT, when those funds are used to In July, South Ossetian forces cap- And a strong and secure Georgia is in clean up and re-sell large brownfield tured Georgian policemen operating le- America’s interest. Despite all the properties. This provision will give de- gally in Georgian territory. The Geor- problems Georgia faces internally and velopers access to up to $7 trillion in gian police were disarmed, detained, externally, they have deployed troops assets. It represents a tremendous op- and paraded in a deliberately to fight at our side in Afghanistan and portunity, potentially, for new jobs and humiliating fashion—made to kneel in in Iraq. Georgia is a steadfast ally in a cleaner environment. the town square before Ossetian women the war on terror. Based on Bob’s research and rec- while TV cameras filmed everything. f ommendation, I worked to ensure that Yet, Georgia did not retaliate. In July, fiscal year 2005 funding to control the Georgian forces intercepted an illegal THANKING BOB KENNEY AND Asian longhorned beetle, ALB, ended shipment of air-to-ground missiles for WISHING HIM WELL up being more than triple the Presi- helicopters. The Russians claimed they Mr. LAUTENBERG. Mr. President, I dent’s budget request. The ALB is a were for their ‘‘peacekeepers’’ who rise today to thank Robert (‘‘Bob’’) wood-boring insect native to China and didn’t even have helicopters—a claim Kenney, a lawyer with the Environ- Korea that has invaded New York, Illi- so dubious as to be ludicrous. Yet, the mental Protection Agency, EPA, for nois, and New Jersey via shipping con- Georgians promptly offered to return his significant contributions to my of- tainers. The beetle kills a wide variety the missiles to the Russians. fice this year as a Brookings Legisla- of hardwood trees, but has a preference Despite relentless provocations, tive fellow. We will miss his contribu- for sugar maples. In New Jersey, this Georgia continues to search for a tions, experience land knowledge, but insect’s lethal damage to our forests is peaceful political solution. President it is heartening to know that EPA’s spreading, and these extra funds will Saakashvili has offered far-reaching rank and file includes dedicated and help to combat that destruction. autonomy status for South Ossetia, incapable civil servants like Bob. I also thank Bob for his work on the cluding complete freedom to use the Bob has worked at EPA for over 30 New Jersey Coastal Heritage Trail, a Ossetian language—the issue that years implementing our clean air, Coastal Restoration bill, a bill to pro- originally sparked conflict in 1991. clean water, and toxics laws. This is tect captive exotic animals, and many Georgia has continually tried to ex- Bob’s second year as a fellow in the other projects. It has not been an easy pand the mandate and mission of the Senate. In 1990, he helped draft parts of year to promote, what I believe, are OSCE, including monitoring of the the Clean Air Act Amendments, the Oil common sense environmental protec- vital road link at the Roki tunnel be- Pollution Act, and Clean Water Act. He tions and initiatives, so we did not tween Georgia and Russia. Russia ill return later this month to his role achieve all the successes we had hoped blocks any expansion, and the OSCE as senior counsel at EPA, and I hope for during the year. But Bob’s impact remains paralyzed. his experience in the Senate this year will last far beyond his stay here in the This is where things stand today. On proves helpful to him in his future en- Senate. one side is a democratic ally of the deavors. It has become fashionable in some United States backed by international I would like to mention some of the quarters to bash Government employ- law. On the other side is a criminal re- specific contributions Bob made to my ees. This is unfortunate and unfair. I gime sustained by Russians who have office and to our country. Bob took the have to say that since I became a not reconciled themselves to the loss of lead in developing legislation I am in- United States Senator, I have been im- the Soviet Empire. The United States troducing today to amend the Oil Pol- pressed by the hard work and profes- needs to do more to help our Georgian lution Act. Two weeks ago, my home sionalism of the public servants I have friends. We should work with the Euro- State of New Jersey suffered a dev- encountered. Bob is no exception. He pean Union on a joint diplomatic ap- astating oil spill in the Delaware has tremendous expertise, he is dili- proach so that democratic Georgia is River. The consequences for our nat- gent, and he obviously cares for our not outnumbered and to avoid the ever- ural resources and economy will take country. I appreciate his service during present Russian veto. In the OSCE and some time to assess, but it is clear the past year he has been a member of the U.N., we should push for expanded they will be substantial. In response to my staff, more importantly, I appre- monitoring and for genuine peace- that s Dill and to provide incentives to ciate an entire career spent in selfless keeping forces independent of Russian shippers to shift to safer double-hull service to our Nation. I extend my best military and intelligence forces. If this vessels faster, the Oil Spill Liability wishes to Bob as he returns to EPA and draws a Russian veto, let Russia ex- Act of 2004 would phase out the liabil- resumes his career there.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12051 FLEET RESERVE ASSOCIATION the military services who protect our mentioned by Senator GREGG and Sen- CELEBRATES ITS 80TH ANNIVER- great Nation. ator KENNEDY. SARY f Throughout all of these achieve- Mr. MCCAIN. Mr. President, Novem- TRIBUTE TO JOHN LITTLE ments and life experiences, John main- ber 11 marked the 80th anniversary of Mr. SESSIONS, Mr. President, today tained his humility and strong work the Fleet Reserve Association, FRA, I rise to pay tribute to an outstanding ethic and never waivered in his loyalty whose original charter was issued in staffer who has worked for me for the to me, my office, or the State. While I Philadelphia, PA. FRA is the oldest past 7 years. John Little came to my have shared in John’s accomplishments and largest professional military orga- office as a legislative correspondent in to this point, his most recent achieve- nization representing the men and August of 1997 after working on my ment is bittersweet for me. John has women serving in, or retired from the first Senate campaign. He was a young accepted the Chief of Staff position United States Navy, Marine Corps and lawyer who had just graduated from with Senator-elect MEL MARTINEZ. Coast Guard. Cumberland School of Law in Alabama This is a tremendous opportunity for The Fleet Reserve Association is and was looking for a job in politics. I John and a testament to his skill and named after the Fleet Naval Reserve doubt at the time that he knew where knowledge as one of the finest staff program, which allows sailors with 16 this road would take him. He continued members in the Senate. While I am sad or more years of active enlisted service to work his way up the ladder in my of- to see him go, I am confident that he to separate from the Navy, but remain fice—becoming a research assistant, will serve Senator MARTINEZ in the ‘‘on call’’ for periods of national emer- legislative counsel, and deputy legisla- same outstanding manner he has dem- gency. tive director. Then last year I asked onstrated over the past 7 years. From From its inception, FRA’s purpose him to take on the responsibility of being elected president of his high was to advocate for sailors’ rights. The being my legislative director. I’m pret- school fraternity to serving as my leg- association started with the efforts of a ty sure he didn’t know what he was islative director, John has shown the few enlisted men in 1919, who pooled getting into when he said yes. strength of character and depth of their monies to send two Navy chief Since that time, I have had the privi- knowledge which sets him apart as a petty officers to testify before Congress lege to work closely with John and see truly great staffer. Phillip Brooks once on pay reform. Since that time, FRA up close what many people notice when said, ‘‘character may be manifested in has established an enviable track they first meet him. John is one of the great moments, but it is made in record of promoting favorable legisla- those people who epitomizes Teddy the small ones.’’ I have seen John’s tion for members of the Naval Service. Roosevelt’s adage ‘‘speak softly and character in the small and great mo- In 1923, FRA’s efforts resulted in leg- ments, and I know that he is ready to islation that allowed WWI veterans to carry a big stick.’’ In fact, a quotation hangs in his office that says ‘‘a closed face this next challenge. John will be count their commissioned or warrant missed. I thank him for his service and service toward time requirements for mouth gathers no feet.’’ While he is often quietly working in the back- wish him all the best in his new en- transfer to the Fleet Naval Reserve. deavor. In the 1930’s, the FRA helped with ground, John has consistently dem- legislation that eliminated the require- onstrated his desire to serve the people f ment for enlisted retirees to pay for ra- of Alabama through hard work and de- tions while hospitalized in Government termination. He has served me well treatment facilities, mandated death throughout his tenure in my office and THANKING STAFF has earned my respect, along with that gratuities be paid to the estate of re- Mr. EDWARDS. Mr. President, I re- of his colleagues, Members of Congress, called servicemembers who died on ac- cently came to the Senate floor to pub- and countless constituents. I have tive duty, authorized commissary licly thank my staff. Unfortunately, watched him grow from a young staffer privileges for military widows, and re- not all staff names were listed in the into a strong leader with a sound foun- stored reenlistment bonuses. RECORD. Therefore, I enter the fol- dation in policy and the knowledge of FRA’s ‘‘Hospital Rights’’ and ‘‘Wid- lowing names of my staff for the the inner workings of Congress. ow’s Equity’’ studies also helped foster RECORD. the creation of the Civilian Health Pro- John has come a long way since his gram of the Uniformed Services, first days on the Hill. I’ve witnessed Tracy L. Allen; Laurie G. Armstrong; Wil- CHAMPUS, in 1966 and the adoption of many of the accomplishments of his liam O. Austin; Alexis Bar; Victoria Bassetti; Jared J. Bataillon; William Beane; the Uniformed Services Survivor Ben- life, both personal and professional. I’ve seen him learn the ways of Ala- Austina L. Bennett; Crystal M. Bennett; efit Program, USSBP, in 1972. David G. Berard; Sonceria Ann Berry; Joshua FRA’s 1999 study on military pay also bama politics, pass the bar exam, staff L. Brekenfeld; Michael D. Briggs; Erica set the stage for the targeted pay hikes his first Senate hearing, and meet and Buehrens; Derek H. Chollet; Marilyn J. for mid-grade enlisted personnel over marry his wife. In fact, I have to take Dixon; Charles R. Dorrier; Paul D. Dryden; the last few years, the repeal of the some credit for his marriage. John met Robert W. Elliott. 1986 military retirement system his future wife, Mary Catherine, while Justin E. Fairfax; Colette Forrest; Alice D. (Redux), authorization of sea pay for he was working for me and she was Garland; Katherine L. Garland; Laura God- junior enlisted personnel, and the re- working for Senator LOTT. Our offices win; Robert Gordon; Steven K. Gryskiewicz; duction of additional ‘‘out-of-pocket’’ were next to each other at that time, Wanda Haith; Peter Harbage Emma Harris; housing costs for servicemembers liv- which led to more than one romance Kate G. Heath; Robert Hines; Lisa Hyman; Morgan Jackson; Stephanie Jones; Mildred ing in civilian housing. and marriage, including that of John and Mary Catherine. J. Joyner; Jeremy Kyle Kinner; Jeffrey I. On top of its award-winning legisla- Kovick; James R. Kvaal; Miles M. Lackey. tive advocacy work, the FRA continues John has worked hard and effectively to promote community service at their on a number of important issues. He Jeffrey Lane; Louise D. Learson; Lawrence has contributed significantly to much (Andy) Magill; Maureen Mahon; Sharyn J. 300–plus branches located throughout Malone; Kenneth F. Mansfield; Kathryn J. the world. In 2004 they awarded $90,000 legislation. His work on the No Child Marks; John J. Maron; Cory S. Menees; in college scholarships and $75,000 to Left Behind Act and on the reauthor- Heather L. Messera; Sophie Milam; Blair B. worthy students who competed in the ization of the Individuals with Disabil- Milligan; Joyce Mitchell; Carlos A. Monje; FRA’s Americanism Essay Contest. ities Education Act, just a few weeks Kevin A. Monroe; Robert Morgan; Matthew Mr. President, I thank the Fleet Re- ago, was most noteworthy. John met L. Nelson; Elizabeth E. Nicholas; Ashley I. serve Association for its eight decades with education officials, teachers, par- O’Bryant; Sacha M. Ostern. of service to the men and women of the ents of disabled children, and lawyers Joseph W. Parry-Hill; Lauren Partner; Navy, Marine Corps and Coast Guard. to fully understand this important act Elizabeth Pegram; Philip J. Peisch; Sarah L. As we close the 108th Congress, and and how to improve it. At the end he Pendergraft; Anthony Petty; Aaron S. look ahead toward the 109th Congress, I was ably assisted by my legislative as- Pickrell; Lesley Pittman; Sally Bussey Plyler; Mary Margaret Propes; Hunter L. wish the Fleet Reserve Association sistant, Prim Formby, but I know he Pruette; Jacqueline F. Ray; Karen A. Robb; continued success and look forward to was very proud to see this important David E. Roberts; Judith M. Rossabi; David working with them to support the past, bill become law. He received great A. Russell; Craig J. Saperstein; Heidi present, and future member of all of praise, and his work was favorably Schneble.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12052 CONGRESSIONAL RECORD — SENATE December 8, 2004 David G. Sewell; David L. Sherlin; Joseph New York City’s firefighters lost their lives This show of support was particu- L. Smalls; Julianna Smoot; Joshua H. Stein; trying to save victims of the terrorist at- larly important because we had been Michael Sullivan; Jonathan Sumrell; Adrian tacks on the World Trade Centers. Vermont anticipating the administration’s view Talbott; Noelle Shelby Talley; Bradford T. firefighters don’t face that extreme scenario, for several months and were fast com- Thompson; Cindy E. Townes; Brooke I. Tur- but they put their lives on the line every ner; Ann S. Vaughn; Jannice T. Verne; Re- time they roll to a scene to protect their ing to the end of the 108th Congress. becca Walldorff; Jewell E. Wilson; Jessica F. neighbors. At the hearing, Secretary Thompson Wintringham; Andrew A. Young; Lisa E. Jackman recently said, ‘‘Being chief is just committed his staff to immediately Zeidner. a privilege and an honor.’’ begin meeting with the bill committee However, it is the people of Vergennes who staff to work on the bill. Much effort to f have been honored by his 50 years of service advance this legislation had already COMMENDING VERGENNES FIRE to their community. been put forth by committee staff, trib- CHIEF RALPH JACKMAN FOR 50 f al leaders and the Indian health com- YEARS OF SERVICE ADDITIONAL STATEMENTS munity. With department staff work- Mr. LEAHY. Mr. President, I rise ing alongside committee staff, we an- today to pay tribute to Ralph Jackman ticipated swift passage of the bill. of Vergennes, VT. Mr. Jackman has FINAL THOUGHTS ON THE INDIAN However, swift passage did not hap- been reporting for duty as chief of the HEALTH CARE IMPROVEMENT pen and I am disappointed that the re- Vergennes Fire Department for 50 ACT AMENDMENTS OF 2003 authorization did not get enacted this year. The committee staff worked dili- years—since December 1, 1954. ∑ Mr. CAMPBELL. Mr. President, I am gently along with the administration Chief Jackman started with the fire pleased to provide for inclusion in the department 8 years before he took over and Indian tribal leaders until the very CONGRESSIONAL RECORD, the final cost end of this Congress to finalize the bill as chief. During his tenure a new sta- estimate for S. 556, the Indian Health tion was built, the number of fire- for passage. Care Improvement Act Amendments of I believe that, in addition to the fighters doubled, the number of vehi- 2003 prepared by the Congressional cles tripled, and the budget more than changes made prior to July, 2004, the Budget Office. committee was quite responsive to the quadrupled. This estimate had not been com- Though at 80 years of age Chief Jack- department’s concerns and suggestions pleted in time to be filed with the Sen- in revising the bill. man has given up fighting the fires ate Report No. 108–411 on S. 556 that himself, he continues to respond to In particular, the provisions for was filed on November 17, 2004. Medicare and health professional calls and manage the volunteer depart- S. 556 would reauthorize the Indian ment’s paperwork and affairs. shortage areas were not included in the Health Care Improvement Act which reported bill. The committee modified I congratulate Chief Jackman and his sets forth the statutory framework for family for over 50 years of service to the establishment of creative funding the Indian health system and was first programs such as the revolving loan the City of Vergennes and the State of enacted in 1976. The act was reauthor- Vermont. He has selflessly given so funds and opted for studies for this ized in 1992. The goal of the 1976 act, as type of funding mechanism instead—at much to his community. amended, is to raise the health status I ask unanimous consent that an edi- the request of the administration. of Indians to achieve parity with that There was substantial discussions at torial that appeared in today’s Bur- of other Americans. lington Free Press be printed in the the eleventh hour regarding provisions American Indians and Alaska Natives governing urban Indians and non-eligi- RECORD. rank at or near the bottom of nearly ble individuals. I believe the Federal There being no objection, the mate- every health indicator when compared rial was ordered to be printed in the responsibility to provide health care to the general U.S. population. Health applies to individual Indians living in RECORD, as follows: studies indicate disproportionately the urban centers, especially when it is [From the Burlington Free Press, Dec. 8, higher mortality rates of alcoholism, 2004] remembered that Indians reside in between 670–770%; tuberculosis, 650%; urban areas primarily as a result of the OPINION: TRUE PUBLIC SERVANT diabetes, between 318–420% accidental Federal policy of relocation during the Rare is the modern-day employee who injuries, 280%; suicide, 190%; and homi- first half of the 20th Century. stays in a job throughout his adult lifetime. cide, 210%, than other populations. In addition, in the course of negotia- In sharp contrast stands Ralph Jackman, With the basic goals of the Act unre- who has committed the last 50 years to the tions, we were made aware of concerns Vergennes Fire Department. That surely alized, the need for reauthorization dealing with the Veteran’s Administra- makes him one of the longest serving fire grows greater. S. 556 would have pro- tion drug supply schedules and services chiefs in the nation. vided an additional set of improve- to non-eligible individuals. A limited Jackman became chief of the department ments to the Indian health care sys- scope of services to certain non-eligi- on Dec. 1, 1954, eight years after joining the tem—most notably, for facility con- bles has been a part of the Indian force. And at age 80, don’t expect him to re- struction, access to care through Med- Health Care Improvement Act for tire anytime soon. Jackman’s not actually icaid cost-sharing waivers, and long- years. Nevertheless, the Department battling blazes these days, but he’s still in term planning through the establish- the thick of the action by managing the vol- and some tribes have different views of unteer department’s paperwork and over- ment of a bipartisan commission to the scope of services. seeing the changes that have brought this study the Indian health care system. In any event, the matter is being ad- fire department into the 21st century. The reauthorization bill has been a dressed in the courts. Any resolution Among those changes was construction of work in progress since the 106th Con- we could offer would be better served a new fire station and a doubling of the num- gress when I introduced a bill to reau- by reviewing the decision of the courts ber of firefighters. thorize the act. I have introduced a bill and then thoroughly examining the He has also seen destruction and death. to reauthorize the act in every subse- matter instead of fixing what has not Jackman recalls in 1948 following a fire en- quent Congress. Over the course of the gine on the way to a blaze, and watching the been determined by the courts to be a engine crash into an oncoming car, leaving past three Congresses, the Committee problem. firefighter Lee Schroder dead. has held eight hearings on the reau- Likewise, I am concerned with what His most memorable blaze was the Feb. 24, thorization with four hearings held in may be a desire to rollback the gains 1958, fire that destroyed much of downtown the 108th Congress alone. tribes have made in implementing the Vergennes. He was an eyewitness to an event I was particularly pleased to have Indian Health Care Improvement Act that shaped the spirit of a small Vermont Secretary Thompson testify before the and the Indian Self-Determination and city. Committee on July 21, 2004, regarding Education Assistance Act. His devotion to his community was hon- the administration’s views on the pro- The underlying policies and plain ored last weekend at a gathering that drew Gov. Jim Douglas and Vergennes Mayor posed legislation. At this hearing, the language of the both statutes should Kitty Oxholm. . Secretary expressed enthusiastic sup- not be ignored and the commitment to The nation came to understand the depth port of the proposed legislation and his self-governance needs to be respected of that commitment on 9/11, when so many of desire to see it enacted this year. when enacting any Indian legislation.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12053 I certainly appreciated President port of Majority Leader Bill Frist, we through 2015 for the Indian Health Care Im- Bush’s Memorandum to Department certainly could not have gotten as far provement Act, the primary authorizing leg- Heads on ‘‘The Government-to-Govern- as we did. islation for the Indian Health Service (IHS). ment Relationship with Tribal Govern- Senator FRIST was constructively en- The bill also contains specific authorizations ments’’ dated September 30, 2004, in gaged very early on this bill and con- for loans and loan guarantees for urban In- which he reiterated his support for the tinued his support throughout the ne- dian organizations and a commission on In- government-to-government relation- gotiations with the Administration. dian health care. In addition, the bill also ship and tribal sovereignty. President Senator STEVENS was also very sup- would affect direct spending, primarily Bush continued the long-standing pol- portive and committed to passage of through provisions that would make it easier for IHS to enter into capital leases and make icy of self-governance begun in 1970 by this bill. His staff worked diligently changes to the Medicaid program. President Nixon. also with the committee staff until the The committee has continually very end of the session. CBO estimates that implementing S. 556 upheld those principles and fought for Likewise, Senator GRASSLEY also would cost $2.4 billion in 2005 and $31.8 bil- expansions in self-governance, even committed his staff in assisting the lion over the 2005–2014 period, assuming ap- over the objections of previous Admin- committee staff in developing signifi- propriation of the necessary amounts. We istrations. I believe that retreating cant improvements in the Medicaid also estimate that enacting the bill would from those principles in enacting any provisions. increase direct spending by $8 million in 2005, by $69 million over the 2005–2009 period, and Indian statutes would be inconsistent I cannot forget the work of Senator by $238 million over the 2005–2014 period. with the President’s commitment as HATCH on this matter as well. Senator well as the will of Congress. HATCH was instrumental in developing S. 556 would preempt state licensing laws What I am particularly disappointed the Indian provisions in the SCHIP in certain cases, and this preemption would in having to set aside this year is the statute and assisted in seeking resolu- be an intergovernmental mandate as defined State Children’s Health Insurance Pro- tions for many of the problems we in the Unfunded Mandates Reform Act gram, SCHIP, improvements that we found in SCHIP implementation. (UMRA); however, CBO estimates that the I am leaving the Senate knowing costs of that mandate would be small and had worked on for several months. In that there are many issues left unre- would not approach the threshold estab- mid-May, 2004, we were informed that solved but I have every confidence that lished in UMRA ($60 million in 2004, adjusted the department lacked information re- the Committee under the leadership of annually for inflation). Other provisions of garding how many Indian children Senator MCCAIN will continue to pro- the bill would establish new or expand exist- qualified for the program and how tect tribal sovereignty and uphold ing programs for Indian health care. It also many Indian children were actually principles of tribal self-governance. would place new requirements on Medicaid being served, despite clear statutory I do look forward to seeing a vigorous and the State Children’s Health Insurance language mandating services to Indian discussion on the reauthorization next Program (SCHIP) that would result in addi- children. Yet again, we find the most year and believe that coordinated ef- tional spending of about $35 million over the needy must continue to suffer until forts ensure its passage. 2005–2009 period. This bill contains no pri- there is a serious effort to address I ask that the CBO cost estimate be vate-sector mandates as defined in UMRA. these disparities. printed in the RECORD. Estimated cost to the Federal Govern- There were many other Senators and S. 556—Indian Health Care Improvement Act ment: The estimated budgetary impact of S. committees which provided substantial Amendments of 2004 556 is shown in Table 1. The costs of this leg- assistance in seeking passage of this Summary: S. 556 would authorize the ap- islation fall within budget function 550 bill. Without the commitment and sup- propriation of such sums as necessary (health). TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF S. 556

By fiscal year, in millions of dollars— 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

CHANGES IN SPENDING SUBJECT TO APPROPRIATION Estimated Authorizations Level ...... 2,977 3,026 3,093 3,165 3,243 3,321 3,401 3,484 3,569 3,657 Estimated Outlays ...... 2,353 2,843 2,995 3,131 3,212 3,289 3,368 3,450 3,535 3,621 CHANGES IN DIRECT SPENDING Estimated Budget Authority ...... 7 42 90 44 46 96 49 51 104 54 Estimated Outlays ...... 8 12 13 15 21 24 28 36 38 43

Basis of estimate: For the purpose of this the Department of the Interior and Related mate of the authorized level for IHS pro- estimate, CBO assumes that S. 556 would be Agencies Appropriations Act, 2004 (Public grams is the appropriated amount for 2004 enacted near the start of calendar year 2005 Law 108–108). adjusted for inflation in later years. The es- and that the authorized amounts will be ap- Existing Indian Health Service activities. timated outlays reflect CBO’s current as- propriated for each fiscal year. S. 556 would authorize the appropriation of sumptions about spending patterns for IHS Spending Subject to Appropriation such sums as necessary for the Indian Health activities. (The pending omnibus appropria- The estimated effects of S. 556 on spending Service through 2015. The agency’s respon- tion act, H.R. 4818, would provide $2.985 bil- subject to appropriation are shown in Table sibilities under the bill would be broadly lion in funding for IHS activities in fiscal 2. IHS programs were authorized for 2004 by similar to those in current law. CBO’s esti- year 2005). TABLE 2.—ESTIMATED EFFECTS OF S. 556 ON DISCRETIONARY SPENDING

By fiscal year, in millions of dollars— 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Spending Under Current Law 1 Budget Authority ...... 2,921 0 0 0 0 0 0 0 0 0 0 Estimated Outlays ...... 2,909 605 159 71 5 0 0 0 0 0 0 Proposed Changes: Existing Indian Health Service Activities: Estimated Authorization Level ...... 0 2,973 3,025 3,092 3,165 3,243 3,321 3,401 3,484 3,569 3,657 Estimated Outlays ...... 0 2,352 2,841 2,994 3,131 3,212 3,289 3,368 3,450 3,535 3,621 Loan Guarantees for Urban Indian Organizations: Estimated Authorization Level ...... 0 * 1 1 0 0 0 0 0 0 0 Estimated Outlays ...... 0 * * * * * * 0 0 0 0 Commission on Indian Health Care Entitlement: Authorization Level ...... 0 4 0 0 0 0 0 0 0 0 0 Estimated Outlays ...... 0 1 2 1 0 0 0 0 0 0 0 Total Changes in Spending Subject to Appropriation: Estimated Authorization Level ...... 0 2,977 3,026 3,093 3,165 3,243 3,321 3,401 3,484 3,569 3,657 Estimated Outlays ...... 0 2,353 2,843 2,995 3,131 3,212 3,289 3,368 3,450 3,535 3,621 Spending Under S. 556: Estimated Authorization Level 1 ...... 2,921 2,977 3,026 3,093 3,165 3,243 3,321 3,401 3,484 3,569 3,657

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12054 CONGRESSIONAL RECORD — SENATE December 8, 2004 TABLE 2.—ESTIMATED EFFECTS OF S. 556 ON DISCRETIONARY SPENDING—Continued

By fiscal year, in millions of dollars— 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Estimated Outlays ...... 2,909 2,958 3,002 3,066 3,136 3,212 3,289 3,368 3,450 3,535 3,621 1 The 2004 level is the amount appropriated for that year. The pending omnibus appropriation act (H.R. 4818) would provide $2.985 billion in funding for IHS activities in fiscal year 2005. Note: *=Less than $500,000.

Loan Guarantees for Urban Indian Organi- small businesses, the default rate for loans the Fort Berthold Indian Reservation in zations. Section 509 of the bill would estab- made to urban Indian organizations would be North Dakota. CBO estimates that this pro- lish a loan guarantee program for urban In- about 10 percent and that recoveries on such vision would have no effect on spending be- dian organizations. Under this new program, loans would be about 50 percent. Using those cause it is also contained in a separate piece the federal government would provide loans assumptions, CBO estimates that the subsidy of legislation (S. 1146, the Three Affiliated or loan guarantees, with a term of up to 25 rate for the new loan program would be 5 Tribes Health Facility Compensation Act) years, for construction or renovation by percent, and that establishing the loan pro- that the Congress recently cleared. urban Indian organizations. The bill would gram would cost about $2 million over the not require any guarantee fees to be charged next five years, assuming appropriation of Direct Spending to the organizations and would not limit the the necessary amounts. S. 556 contains several provisions, pri- percent of the loan that would be insured by Commission on Indian Health Care Entitle- marily related to leasing by IHS and the the federal government. CBO therefore as- ment. Section 815 would authorize the appro- Medicaid program, that would affect direct priation of $4 million for a commission that sumes that IHS would insure up to 100 per- spending. The bill’s estimated effects on di- would study establishing a legal entitlement cent of the loan value and that borrowers rect spending are shown in Table 3. Overall, for Indians to receive health care services. would not be charged any guarantee fees. CBO estimates that enacting the bill would The new loan program would be considered The members of the commission would have inrease direct spending by $8 million in 2005 a discretionary federal credit program and to be appointed within five months of the and $238 million over the 2005–2014 period. would require appropriation to establish a bill’s enactment and would be required to limit on the total value of outstanding loans submit a final report to the Congress no The effects of each provision are discussed and loan guarantees and to provide a credit later than 18 months after that. Assuming in more detail below. IHS-funded health pro- subsidy for the cost of such loans and loan the appropriation of the authorized amount, grams are commonly divided into three guarantees. Based on discussions with offi- CBO estimates that implementing this provi- groups: those operated directly by the Indian cials from the National Council of Urban In- sion would cost $1 million in 2005, $2 million Health Service, those operated by tribes and dian Health, CBO estimates that the total in 2006, and $1 million in 2007. tribal organizations under self-governance value of loans and loan guarantees would be New Hospital for Fort Berthold Indian Res- agreements, and those operated by urban In- $30 million. Using the Small Business Ad- ervation. S. 556 contains a provision that dian organizations. For this estimate, they ministration’s 7(a) general business loan pro- would authorize the appropriation of $20 mil- are referred to collectively as Indian health gram as a guide, CBO assumes that, like lion for the construction of a new hospital on programs. TABLE 3.—ESTIMATED EFFECTS OF S. 556 ON DIRECT SPENDING

By fiscal year, in millions of dollars— 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Spending on Health Facilities: Estimated Budget Authority ...... 0 31 78 32 32 82 33 34 86 35 Estimated Outlays ...... 0 0 0 2 7 9 12 18 20 23 Consultation with Indian Health Programs: Estimated Budget Authority ...... * * 1 1 1 1 1 1 1 1 Estimated Outlays ...... * * 1 1 1 1 1 1 1 1 Exempt Indians from Cost Sharing: Medicaid: Estimated Budget Authority ...... 3 5 5 5 6 6 7 8 8 9 Estimated Outlays ...... 3 5 5 5 6 6 7 8 8 9 SCHIP: Estimated Budget Authority ...... 0 0 0 0 0 0 0 0 0 0 Estimated Outlays ...... 1 1 1 1 * * * * * * Exempt Indians from Premiums: Medicaid: Estimated Budget Authority ...... 2 3 3 3 3 3 3 3 3 3 Estimated Outlays ...... 2 3 3 3 3 3 3 3 3 3 SCHIP: Estimated Budget Authority ...... 0 0 0 0 0 0 0 0 0 0 Estimated Outlays ...... * * * * * * * * * * Medicaid Interaction with SCHIP: Estimated Budget Authority ...... * * * * 1 1 1 1 1 1 Estimated Outlays ...... * * * * 1 1 1 1 1 1 Medicaid Managed Care Provisions: Estimated Budget Authority ...... 1 2 3 3 3 4 4 4 5 5 Estimated Outlays ...... 1 2 3 3 3 4 4 4 5 5 Scholarship and Loan Repayment Recovery Fund: Estimated Budget Authority ...... * * * * * * * * * * Estimated Outlays ...... * * * * * * * * * * Total Changes in Direct Spending: Estimated Budget Authority ...... 7 42 90 44 46 96 49 51 104 54 Estimated Outlays ...... 8 12 13 15 21 24 28 36 38 43 Notes: Components may not sum to totals because of rounding. SCHIP is the State Children’s Health Insurance Program. * = Costs or savings of less than $500,000.

Spending on Health Facilities. IHS already the full cost of those leases should be re- hospitals, and staff quarters. We assume that has the authority to enter into leases, con- corded in the budget as new budget author- IHS would not begin to make lease payments tracts, or other agreements with tribes or ity at the time the lease agreements are until 2008; payments in that year would total tribal organizations that have title to, a signed. That budget authority—estimated to $2 million and then rise gradually to $23 mil- leasehold interest in, or a beneficial interest be about $440 million over the 2005–2014 pe- lion by 2014. Both the level of spending that in facilities that would be used by IHS to de- riod—is determined by calculating the dis- might occur under the bill and the types of liver health care services. Section 308 of the counted present value of the anticipated projects that might be financed are uncer- bill would require that all such arrange- lease payments. Spending of that budget au- tain, and IHS spending may be more or less ments be treated as operating leases for the thority would occur over the term of the var- than the amounts CBO has estimated. purposes of the Balanced Budget and Emer- ious leases (that is, outlays would signifi- Consultation with Indian Health Pro- gency Deficit Control Act. cantly lag behind the budget authority). grams. Section 409 would encourage state Under the bill, CBO anticipates that IHS For this estimate, CBO assumed that IHS Medicaid programs to consult regularly with would enter into arrangements that should would begin signing new capital leases start- Indian health programs on outstanding Med- be treated as capital leases because those ar- ing in 2006. Based on information from IHS, icaid issues by allowing states to receive fed- rangements would effectively allow IHS to we anticipate that those leases would be eral matching funds for the cost of those acquire new buildings. Consistent with gov- used for a variety of construction projects, consultations. Those costs would be treated ernment rules for accounting for obligations, including inpatient hospitals, outpatient as an administrative expense under Medicaid

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12055 and divided equally between the federal gov- sumes that states will partly offset those ships. Under current law, those funds are de- ernment and the states. CBO anticipates funding shortfalls by expanding Medicaid eli- posited in the Treasury and not spent. Be- that a small number of states would take ad- gibility, which would allow states to con- cause the Secretary’s ability to spend those vantage of this provision, increasing federal tinue to receive federal matching funds, al- funds would not be subject to appropriation, Medicaid spending by about $200,000 in 2005 beit at a less-favorable matching rate. Since the provision would increase direct spending. and by $7 million over the 2005–2014 period. S. 556 would increase spending in SCHIP, it Based on historical information from IHS, Exempt Indians from Cost Sharing. Sec- also would increase the extent to which CBO estimated that the provision would in- tion 412 would prohibit Medicaid and SCHIP states use Medicaid funds to offset funding crease spending by about $150,000 in 2005 and from charging cost sharing to Indians for shortfalls in SCHIP. CBO estimates that this by $3 million over the 2005–2014 period. services provided directly or upon referral by interaction would raise federal Medicaid ESTIMATED IMPACT ON STATE, LOCAL, AND Indian health programs. The provision also spending by less than $500,000 in 2005 and by TRIBAL GOVERNMENTS would require that payments by Medicaid about $5 million over the 2005–2014 period. and SCHIP for services provided directly by Medicaid Managed Care Provisions. Sec- Intergovernmental Mandates those programs could not be reduced by the tion 413 contains three provisions that would S. 556 would preempt state licensing laws amount of cost sharing that Indians other- affect Medicaid spending on services pro- in cases where a health care professional is wise would pay. vided in managed care settings. licensed in one state but is performing serv- Medicaid. CBO anticipates that this provi- Pay Indian Health Programs at Preferred ices in another state under a funding agree- sion’s budgetary effect would stem primarily Provider Rates. States that rely on managed ment in a tribal health program. This pre- from eliminating cost sharing for referral care organizations (MCOs) to provide care to emption would be an intergovernmental services. Current law already prohibits In- Medicaid beneficiaries and have an IHS pres- mandate as defined in UMRA; however, CBO dian health programs from charging cost ence commonly require MCOs to include In- estimates that the loss of any licensing fees sharing to Indians who use their services. In dian health programs in their networks or resulting from the mandate would be small addition, Medicaid pays almost all facilities otherwise allow access to services provided and would not approach the threshold estab- operated by IHS and tribes based on an all- by those programs. In other instances, states lished in UMRA ($60 million in 2004, adjusted inclusive rate that is not reduced to account pay Indian health programs directly for serv- annually for inflation). for any cost sharing that Indians would oth- ices provided to Indians enrolled in managed Other Impacts erwise have to pay. care. Although Indian health programs are Using Medicaid administrative data, CBO generally eligible for Medicaid reimburse- S. 556 would reauthorize and expand grant estimates that about 225,000 Indians are Med- ment from MCOs, they may not be paid at and assistance programs available to Indian icaid recipients who also use IHS, and that the same rates as preferred providers. S. 556 tribes, tribal organizations, and urban Indian federal Medicaid spending on affected serv- would require that managed care organiza- organizations for a range of health care pro- ices would be about $400 per person annually tions pay Indian health programs at least grams, including prevention, treatment, and in 2005. The amount of affected spending the rate paid to preferred providers. As an al- ongoing care. The bill also would allow IHS would be relatively low because Medicaid alternative, state Medicaid programs could and tribal entities to share facilities, and it ready prohibits cost sharing in many in- pay the increased amounts directly to Indian would authorize joint ventures between IHS stances, such as long-term care services, health programs. and Indian tribes or tribal organizations for emergency services, and all services for chil- Under current law, about 200,000 Indians on the construction and operation of health fa- dren and pregnant women. For the affected Medicaid receive health care services cilities. The bill would authorize funding for spending, CBO assumes that cost sharing through MCOs. Based on Medicaid adminis- a variety of health services including hospice paid by individuals equals 2 percent of total trative data, CBO estimates that about a care, long-term care, public health services, spending—Medicaid law limits cost sharing third of Indians in Medicaid managed care traditional Indian health care, and home and to nominal amounts—and that eliminating also use Indian Health providers, mainly for community-based services. cost sharing would increase total spending primary care services. Assuming that a third The bill would prohibit states from charg- by about 5 percent as individuals consume of those enrollees use non-preferred pro- ing cost sharing or premiums in the Med- more services. Overall, CBO estimates that viders, CBO estimates that providers serving icaid or SCRIP programs to Indians who re- the provision would increase federal Med- about 23,000 Indians would receive rate in- ceive services or benefits through an Indian icaid spending by $3 million in 2005 and by creases by 2009. Based on administrative health program. The bill also would require $62 million over the 2005–2014 period. spending data for Indians in managed care states that operate managed care systems State Children’s Health Insurance Pro- and assuming that rates under the bill would within their Medicaid programs to enter into gram. SCHIP regulations already prohibit be 20 percent higher than under current law, agreements with Indian health programs states from charging cost sharing to Indian CBO estimates that the bill would increase that operate managed care systems. CBO es- children enrolled in the program. As a result, payments to providers of about $150 per year timates that these requirements would re- the provision’s impact on SCHIP spending in 2009, some of which would be paid through sult in additional spending by states of about reflects higher payments to Indian health managed care plans and the balance directly $35 million over the 2005–2009 period. Some programs and the use of additional referral by the states. Assuming the regular Med- tribal entities, particularly those operating services by adult enrollees that some states icaid match rate for plan spending and a 100 managed care systems, may realize some cover in waiver programs. CBO estimates percent match rate for direct payments to savings as a result of these provisions. that the additional spending would total $1 facilities operated by IHS and tribes, CBO es- Estimated impact on the private sector. million in 2005 and $5 million over the 2005– timates that the bill would increase federal This bill contains no private-sector man- 2014 period. The provision’s effects would be Medicaid payments by less than $1 million in dates as defined in UMRA. limited in later years because total funding 2005 and by about $16 million over the 2005– Previous CBO estimate. On November 30, for the program is capped. 2014 period. 2004, CBO transmitted a cost estimate for Exempt Indians from Premiums. Section Submission of Claims. The bill also would H.R. 2440, the Indian Health Care Improve- 412 also would exempt Indians from paying prohibit MCOs from requiring enrollees to ment Act Amendments of 2004, as reported any premiums under Medicaid or SCHIP. submit claims as a condition of payment to by the House Committee on Resources on Based on information from the Government contracting Indian health programs. CBO an- November 19, 2004. The language in the two Accountability Office on the limited extent ticipates that Indian health programs would bills is almost identical, and CBO estimates to which states charge premiums in those be able to bill more, raising federal Medicaid that their budgetary effects would be the programs and Medicaid administrative data, spending by less than $1 million in 2005 and same. CBO estimated that this provision would af- by $5 million over the 2005–2014 period. Estimate Prepared by: Federal Costs: Eric fect about 5,000 Medicaid recipients, and that Require States to Contract with Indian Rollins; Impact on State, Local, and Tribal the loss of premium payments from those in- Health Programs. Finally, S. 556 would re- Governments: Leo Lex; Impact on the Pri- dividuals would raise federal Medicaid spend- quire states to enter into agreements with vate Sector: Stuart Hagen. ing by $2 million in 2005 and by $29 million MCOs that are run by an Indian health pro- Estimate approved by: Peter H. Fontaine; over the next 10 years. gram. CBO anticipates that the provision Deputy Assistant Director for Budget Anal- CBO also estimates that this provision would increase the number of Indians who ysis.∑ would affect federal SCHIP spending by less receive care from MCOs. Because payments than $500,000 annually. As noted above, In- to those MCOs would be reimbursed at a 100 f dian children do not pay premiums under percent federal matching rate (instead of the SCHIP, so the provision would affect only regular matching rate), CBO estimates that TRIBUTE TO CAROL SALISBURY adult recipients. this provision would increase federal Med- ∑ Mr. ALLARD. Mr. President, on this Medicaid Interaction with SCHIP. The icaid spending by less than $1 million in 2005 occasion I pay tribute to a dear friend changes in SCHIP spending outlined above and by $13 million over the 2005–2014 period. and employee, Carol Salisbury. Carol also would lead to slightly higher Medicaid Scholarship and Loan Repayment Recov- spending. Total funding for SCHIP is limited ery Fund. Section 111 would allow the Sec- joined my office in January of 1991, by statute, and CBO anticipates that many retary of Health and Human Services to when I was first elected to Congress states will experience funding shortfalls over spend amounts collected for breach of con- from the Fourth Congressional Dis- the 10–year projection period. CBO also as- tract from recipients of certain IHS scholar- trict. One of my original staffers, Carol

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12056 CONGRESSIONAL RECORD — SENATE December 8, 2004 has served my office and the people of Governor for Rhode Island to the he did not want them to only have Colorado for 14 years, and she has done American College of Gastroenterology. knowledge of the city, so one summer so with grace and conviction. She will One of the great ironies is that Wal- he took his kids to an Amish farm and be leaving my office in January 2005. ter, who became such a fixture at they all worked on that farm. He did Carol began her career working out Brown Medical School and trained and not want his children to grow up iso- of my Fort Collins Congressional of- mentored so many fine physicians lated from questions of race, and made fice, and later, the Senate offices in there, so desired to attend Brown Uni- many efforts to bring them into close Greeley and Loveland. As Area Direc- versity and was not admitted. Indeed, contact with families and children of tor, she managed the office and pro- his experience in the world outside of different races and ethnicities. vided dedicated service on a variety of Brown and the Ivy League was one of Now, even though Dr. Thayer is offi- issues, including housing and the factors that made him such a valu- cially retired, he continues his long healthcare. Carol was instrumental in able bridge between town and gown be- volunteer service at the Veterans Af- establishing the Fall River Visitor Cen- tween patient care and academic re- fairs hospital and in his teaching at ter at Rocky Mountain National Park, search. Brown University. He is looking for- the acquisition of Cherokee Park by This bridging between patient care ward to the opening of the new infec- the Forest Service, and many other and academic research is a key facet of tious bowel disease research laboratory smaller projects that have greatly ben- Dr. Thayer’s career. His true caring that will open at Rhode Island Hos- efitted our public lands and will lead to and empathy for his patients informed pital—which will be named ‘‘The Wal- greater enjoyment by the public. She his extensive research. That research, ter R. Thayer Inflammatory Bowel Dis- was passionate about historic preserva- where Walter sought to understand the ease Laboratory.’’ What a fitting honor tion and worked tirelessly on behalf of causes of Crohn’s disease and ulcera- that this new, state-of-the-art research many worthwhile interests, including tive colitis, and find effective treat- laboratory will be named for him. the historic Cumbres & Toltec Scenic ments to these and other debilitating Walter leaves behind a remarkable Railroad in Southern Colorado. Her gastrointenstinal illnesses, has been re- legacy. I know my colleagues join me presence on Team Allard will be missed markable and extensive, and has gar- in saluting him on his well-deserved re- and I know the Northern Colorado nered Walter national and inter- tirement.∑ community will miss her as well. Carol national renown. f was a hard working and earnest friend To honor Dr. Thayer’s service to the TRIBUTE TO HELEN CHAMBERS and employee. health and academic communities in HUNT My wife, Joan, joins me in thanking Rhode Island, many of those whom her for dedication and loyalty. We both Walter has affected, including mentors, ∑ Mr. SESSIONS. Mr. President, I wish wish her and her husband Jack the best colleagues, students and patients, to remember the life of one of Ala- in their future endeavors.∑ gathered on October 7 to wish him well bama’s finest First Ladies, Helen f in his life in retirement, and to thank Chambers Hunt, the wife of former him for his service, dedication, caring, Gov. Guy Hunt. Miss Helen, as she was HONORING WALTER THAYER, JR., and friendship. At that time, one col- known, was a gracious and caring MD, OF RHODE ISLAND HOSPITAL league said that Walter had earned the woman, who carried out her duties as ∑ Mr. CHAFEE. Mr. President, I want highest respect a doctor could earn— First Lady with charm and compas- to take this opportunity to recognize his colleagues would refer their family sion, and she will be greatly missed by the retirement of an extraordinary members to him. He was described as all who knew and loved her. Rhode Islander, Dr. Walter Thayer. the father of gastroenterology in I was honored to get to personally Walter Thayer was born in East Rhode Island, someone who is a mas- know this wonderful lady. Governor Providence in 1929—back when there terful teacher and had great love for Hunt told me once of a lady who had were farms in what is now an urban his patients. Dr. Jose Behar said that seen Mrs. Hunt walk across the stage. area. He graduated from Providence Walter’s patients trusted him so com- The lady said to him, ‘‘I can tell she is College and left for Tufts University pletely that when Dr. Behar would a fine lady and you must be a fine per- Medical School in 1950. He returned to treat one of them, perhaps when Walter son too.’’ It was true. Her very coun- Rhode Island in 1965 to become the first was on vacation, they would invariably tenance and carriage projected an aura Director of the Gastroentorology Divi- ask him ‘‘Do you think Dr. Thayer of faith, compassion and humility. The sion of Brown Medical School and would agree with you?’’ Dr. Behar said Governor was so very proud of her and Rhode Island Hospital after having that as an accomplished doctor having so were the people of Alabama. In all worked at the National Institutes of his treatments questioned so bluntly her gifts and graces she represented the Health, Georgetown, and Yale Univer- was a little off-putting, but he came to highest of Alabama values. sity School of Medicine. realize that it did not stem from a lack Miss Helen grew up in the Birdsong Dr. Thayer’s professional qualifica- of confidence in him as much as the pa- community in Cullman County. She tions are outstanding. He served for 30 tients remarkable level of trust, re- met Guy Hunt, the future Governor of years as the Chief of Gastroenterology spect and belief in Walter. Alabama, during high school, when at Brown University and affiliated hos- To only speak of his professional life, they started dating. They met at pitals, and has been a professor at however, is to miss a great deal about church and their first date was to a Brown since 1972; he was the Head of Walter. He is someone who is con- drive-in movie. They were married in Gastroenterology at Rhode Island Hos- stantly curious, as is demonstrated by 1950, when Helen was only 16 years old pital from 1965 to 1994 and continued as the fact that even now, well beyond the and Guy was 17. The Hunts were a practicing physician until this year. age of 70, he finds himself back in blessed with four wonderful children— He has been presented with the Distin- school pursuing an associate’s degree Pam, Sherrie, Keith and Lynn. guished Clinician Award by the Amer- in wildflower ecology. He has a great Miss Helen enjoyed cooking and sew- ican Gastroenterology Association, the love of books, and is often found in his ing and also spending time with her Humanitarian of the Year Award by favorite chair, his glasses perched on husband at their Holly Pond home. She both the Rhode Island and New Eng- his nose, a great book open in his stood with him through two terms as land Chapters of the Crohns Colitis hands. He is extremely active—he has Cullman County Probate Judge as well Foundation of America, and the W.W. run triathlons, marathons, and he as his tenure as Governor from 1987– Keene Award for Contribution to spends many winter hours cross-coun- 1993. Although she did not seek the Brown Medical School. Walter has pre- try skiing. And he is a loving husband, spotlight, as First Lady she embraced a sented at the Quadrennial Lecture on father, and friend. campaign to reduce littering along Crohns Disease at the Third World Con- He sincerely cares about issues far Alabama highways that resulted in the gress in Copenhagen, and served as the from the realm of medicine, important creation of the highly successful chairman of the NIH–NFIC Sponsored social issues, and tries to address them Adopt-a-Mile Program. She also was a Symposium on Infectious Agents in In- in a real and admirable fashion. For ex- wonderful hostess at the Governor’s flammatory Bowel Diseases and as the ample, as his children were growing up, Mansion, organizing numerous dinners,

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12057 barbeques, and other social events. The [From The State, Dec. 8, 2004.] Upon winning the presidency and before Retirement Systems of Alabama recog- THERE’S PLENTY FOR A FREE PRESS TO his inauguration, President Bush sought a nized Miss Helen’s service by naming a REPORT briefing on Iraq from President Clinton’s sec- daycare center in Montgomery the (By Ernest F. Hollings) retary of Defense, William Cohen. After the inauguration, Paul O’Neill, the new sec- RSA Helen Hunt Learning Center. She In the beginning, Thomas Jefferson ob- served that if he had to choose ‘‘between a retary of the Treasury, tells of going to the also devoted a great deal of her time to first meeting of the Security Council pre- helping disabled children—a passion government without newspapers or newspapers without a government,’’ he would pared to discuss the impending recession, but that grew from the fact that Pam, the choose the latter. He envisioned the press the discussion was mostly on Iraq. When I served in World War II 60 years ago, Hunt’s eldest daughter, was a special- would report the truth to the American peo- we liberated Morocco, Algeria and Tunisia, needs child. ple, keeping the Congress honest. The gov- but they have yet to opt for democracy. We Not only was Helen Hunt the wife of ernment wouldn’t stay free long without a free press. liberated Kuwait in the Gulf War, but it has a Baptist minister, but she was a de- yet to opt for democracy. But by 9/11 the voted Christian and her life was a wit- Today the press—the media, now—has joined the political fray, and the watchdog president, intent on democratizing the Mid- ness to her faith. She will be remem- has become the attack dog. As a result, east, was asking Rumsfeld for a plan to in- bered by all the people of Alabama who Mark Twain’s admonition has become the vade Iraq. Bush was so determined to invade loved her dearly as a warm and gra- creed of both Congress and the media: The he disregarded his father’s admonition in A cious First Lady, and a devoted and truth is so precious a commodity it should World Transformed: ‘‘We should not march loving wife.∑ be used sparingly. into Baghdad. . . . To occupy Iraq would in- Take Social Security. Both the Greenspan stantly shatter our coalition, turning the Commission and the Budget Act forbade whole Arab world against us . . . con- f using Social Security monies for any pro- demning (young soldiers) to fight in what grams other than Social Security. But the would be an unwinnable urban guerrilla CONGRATULATIONS TO FORT government continues to spend Social Secu- war.’’ LEWIS COLLEGE CYCLING rity surpluses on everything but Social Secu- If the media had reported the truth to the rity. Then—presto!—the Congress and the American people, we would have rejected ∑ Mr. ALLARD. Mr. President, today I media contend that Social Security is broke ‘‘Clean Break’’ like Prime Minister recognize the commendable perform- and needs fixing. Social Security is not Netanyahu. If the media had kept Congress ance of the Fort Lewis College Cycling broke; it’s the government that’s broke. honest, we would not be sending GIs to a war Team. On the treacherous slopes of One fix is political: Privatize Social Secu- that most believe is a mistake and the top ∑ Seven Springs Resort in Pennsylvania rity to get the young vote. The other choice, command says we can’t win. raising the retirement age or taxes, merely f the Skyhawks competed against the means more money for programs other than Nation’s best cyclists to determine who Social Security. Moreover, Congress has OBRA S. KERNODLE III was the best. When the dust settled at made it a federal crime for a private com- ∑ Mr. SANTORUM. Mr. President, I the bottom of the track the Fort Lewis pany to pay the company debt with its pen- rise today to reflect on the loss of my College Skyhawks stood victorious, sion fund. Yet the government constantly pays its debt with Social Security and other good friend, Obra Kernodle. Obra re- clinching the National Collegiate Cy- cently suffered a fatal heart attack cling Association, NCCA, Mountain pension funds. The Congress and the media then cite a false deficit of $413 billion for fis- while in Cancun, Mexico, celebrating Bike Championship. cal year 2004 while the true deficit, according his daughter’s wedding. The Kernodle Fort Lewis College has a distin- to the Congressional Budget Office, is $593 family has suffered a tremendous loss, guished history of athletic excellence. billion. and I offer them my condolences and This impressive win was the sixth time Take trade. The second bill to pass the deepest sympathy in this difficult Congress on July 4, 1789, was a tariff bill— in the sport’s eleven year history that time. the Skyhawks have brought the cham- protectionism. We financed the government and built this economic giant, the United I was introduced to Obra during my pionship trophy back to Durango, CO. States, with protectionism. But after World 2000 Senate campaign. He was a bright, In addition to the impressive overall War II, we took up the chant of ‘‘free trade,’’ resourceful and wonderful person, and I team achievement there were several treating trade as aid to defeat communism remained in contact with him ever individual athletes that stood out; with capitalism in the Cold War. Now after since. Susan Grandjean, Leana Gerrard, Matt 50 years of draining our industrial strength, Using his bipartisan negotiating Shriver, and Paul Smith all delivered it’s time to rebuild. Article 1, Section 8 of skills to render change, Obra became championship performances. Fort the Constitution provides that Congress one of Philadelphia’s most influential Lewis College’s victory would not have shall regulate foreign commerce. To open markets we must control access to ours— African American leaders. As a politi- been possible without the leadership of practice protectionism. But the media acts cally active Philadelphia lawyer who the team’s coach, Rick Crawford. as if protecting the economy was unconstitu- most recently served as general coun- I would like to share my congratula- tional. sel to the Philadelphia Parking Au- tions with the entire Fort Lewis Col- Worst of all is the media’s refusal to report thority, Obra actively served his com- lege Community. Congratulations to the truth on Iraq. Saddam Hussein was no munity. Obra was also a member of the all Fort Lewis College Skyhawks, con- part of 9/11, had no weapons of mass destruc- Pennsylvania Convention Center board. gratulations to President Brad Bartel, tion and was no threat to our national secu- His kind disposition and generous rity. We invaded Iraq to implement a plan to congratulations to the Board of Trust- democratize the Mideast for Israel. heart attracted people from both sides ees of Fort Lewis College, and espe- In 1996, Richard Perle, Douglas Feith and of the aisle, and he will never be for- cially congratulations to the members David Wurmser submitted a plan to Israeli gotten. My thoughts and prayers are of Fort Lewis College Cycling, students Prime Minister Benjamin Netanyahu for a with the Kernodle family during the and fans. You have made all Colo- ‘‘Clean Break’’ from Arafat and to institute days and months ahead.∑ democracy in the Mideast by bombing Leb- radans proud.∑ f anon, invading Syria and replacing Saddam with a Hashemite ruler favorable to Israel. REMEMBERING OUR POW/MIAs f Rejected by Prime Minister Netanyahu, ∑ Mr. CAMPBELL. Mr. President, as a Perle and company joined Dick Cheney, Paul veteran who served in Korea, I have, THERE’S PLENTY FOR A FREE Wolfowitz, Donald Rumsfeld, Scooter Libby, throughout my congressional career, PRESS TO REPORT Stephen Cambone et. al. in the ‘‘Project for the New American Century.’’ vigorously sought to ensure that our ∑ Mr. HOLLINGS. Mr. President, I re- They pressured Congress in the 1990s for a men and women in uniform who were cently authored a column that ap- change of regime in Iraq, and when George listed as POW/MIA are not forgotten. I peared in The State newspaper in Co- W. Bush was elected president in 2000 ‘‘Clean have also worked hard to promote a lumbia. In it, I offer my thoughts on Break’’ hit paydirt. Cheney became vice better understanding and appreciation the media’s shoddy coverage of the president; Rumsfeld, Wolfowitz and Feith took the Nos. 1, 2 and 3 positions in defense; of these brave men and women’s ex- budget deficit and Social Security, Libby headed Cheney’s staff; Cambone be- traordinary service and sacrifice by the U.S. trade policy, and the War in Iraq. came Rumsfeld’s right-hand man; and Perle, American public. I ask that it be printed in the RECORD. the architect of ‘‘Clean Break,’’ was made Underscoring this commitment, I was The article follows. chairman of the Defense Policy Board. proud to have authored a number of

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12058 CONGRESSIONAL RECORD — SENATE December 8, 2004 important laws, including the POW/ lies in downtown St. Louis, Missouri in first successful Norwood procedure, an MIA Memorial flag Act of 2001, P.L. a small, rented house with 15 beds. This advanced surgical technique used to 107–323; the Bring Them Home Alive year, St. Louis Children’s Hospital, the correct the fatal congenital heart de- Act of 2000, P.L. 106–484; the Persian first children’s hospital west of the fect known as hypoplastic left heart Gulf War Accountability Act of 2002, Mississippi River and the seventh old- syndrome. Doctors at St. Louis Chil- P.L. 107–258; and the Vietnam Veterans est in the country, is proud to cele- dren’s Hospital also performed the re- Recognition Act of 1999, P.L. 106–214. I brate its 125th anniversary. gion’s first cochlear implant, sur- want to take this opportunity to also Today, St. Louis Children’s Hos- gically implanting a device the helps commend my deputy chief of staff and pital’s clinical and community out- children who are deaf to speak and legislative director, Larry Vigil, for all reach programs touch more than comprehend language. of his good work in getting these im- 250,000 patients annually. Patients In addition, St. Louis Children’s Hos- portant initiatives passed on behalf of from all 50 States and nearly 50 coun- pital established the first free-standing all Americans. tries around the world have passed pediatric lung transplant program in As my colleagues know, the United through the doors and been served by the United States. Today, St. Louis States has fought in many wars and this remarkable institution. Children’s Hospital is home to the thousands of Americans who served in The pioneering spirit with which this world’s most active pediatric lung those wars were captured by the enemy hospital was founded has continued transplant program. The hospital is or listed as missing in action. In the through its long and distinguished his- one of the nation’s leaders in total pe- 20th century wars alone, more than tory. St. Louis Children’s Hospital, diatric organ transplants, offering kid- 147,000 Americans were captured and working in conjunction with Wash- ney, liver, heart and bone marrow became prisoners of war. Of that num- ington University School of Medicine, transplant programs as well. ber, more than 15,000 died while in cap- has consistently been at the forefront St. Louis Children’s Hospital is rec- tivity. When we add to this number, of pediatric care. From its earliest ognized among America’s best chil- those who are still missing in action, days St. Louis Children’s Hospital has dren’s hospitals by Child magazine and we realize that we cannot do enough to been home to critical pediatric ad- US News & World Report, and its Neo- not only remember their service, but to vances. For example, from 1915 through natal Intensive Care Unit is distin- bring them back home alive. the 1920s, Dr. Vilray Blair, known as guished nationally by Child magazine. Our mission is far from over. Today the father of plastic surgery in Amer- Mr. President, please join with me in we continue to look for Capt. Michael ica, perfected several important meth- celebrating 125 years of excellence in Speicher from the 1991 Persian gulf war ods for correction of cleft palate and pediatric care. The pioneering vision and PFC Keith ‘‘Matt’’ Maupin who cleft lip. At about the same time, Dr. and spirit of St. Louis Children’s Hos- went missing in action in Iraq on April W. McKim Marriott, the hospital’s pe- pital has improved the lives of children 9, 2004. To that end, we must remain diatrician-in-chief from 1917 to 1936, and families in Missouri and around fully committed to leave no one behind revolutionized the artificial feeding of the globe.∑ and push for a full accounting for those infants developing a formula using f who are still missing. We must spare evaporated milk corn syrup and lactic CALIFORNIA GOLDEN BEARS AND no effort to bring them home. acid supplemented with vitamins and The power of our democracy and the iron. In 1922, for the first time any- THE ROSE BOWL strength of our society comes from ac- where, insulin was used to successfully ∑ Mrs. FEINSTEIN. Mr. President, I knowledging our interdependence on treat an infant with diabetes. In 1927, rise today to express my concerns each other. In our best moments we Dr. James Barrett Brown performed about college football’s Bowl Cham- know full well that the commitment of the first homograft on a child resulting pionship Series and the formula used to so many in the military service has in the development of modern care for select teams to play in the major bowls made our Nation and our lives fuller burns for children. In 1929, Dr. Alexis P. at the end of the season. and more complete. Hartmann developed the first practical Despite having one of their best sea- I commend Danny ‘‘Greasy’’ Belcher treatment, Lactate Ringers Solution, sons in years, the University of Cali- with Task Force Omega of Kentucky for infants suffering from severe diar- fornia at Berkeley Golden Bears were for his tireless efforts in bringing rhea and dehydration. Dr. Hartmann denied an opportunity to play the Uni- awareness to the POW/MIA issue and served as the hospital’s pediatrician-in- versity of Michigan in the Rose Bowl organizing national support for many chief from 1936 to 1964. on New Years Day, and will instead of these successful legislative initia- St. Louis Children’s Hospital pio- play Texas Tech in the Holiday Bowl tives. I also thank Artie Muller, presi- neered developments in many other on December 30 in San Diego. dent of Rolling Thunder National, for health areas, including diagnosis of For decades the Rose Bowl has fea- his continued years of work on the congenital heart diseases. After the ac- tured the top teams from the Pac Ten POW/MIA issue and the National quisition of a heart-lung machine in Conference and the Big Ten Con- League of POW/MIA Families, the Na- 1958, the hospital became one of the ference. Players and coaches dream of tional Vietnam and Gulf War Veterans most active institutions in the country representing their universities in one Coalition, VietNow and Veterans of the in the field of pediatric open heart sur- of college football’s showcase events. Vietnam War, Inc., and others. gery. David Goldring, MD, who formed For their part, Cal fans and alumni As I conclude my tenure in the the hospital’s cardiology division in have waited 46 years for another oppor- United States Senate, I challenge my 1950 and remained its director until tunity to see their Bears play in the colleagues and those who will follow in 1985, was a pioneer in pediatric open ‘‘granddaddy of them all’’. my footsteps to continue this valuable heart surgery. In another ‘‘first,’’ doc- With all due respect to Texas, it just and necessary work to support the tors oversaw the first complete ex- does not seem right to see the cham- friends and families of those who are change of blood in a tiny infant weigh- pion of the Big Ten Conference, Michi- POW/MIA.∑ ing less than 3 pounds. gan, play a school from the Big Twelve f The first pediatric dialysis unit in Conference and not the Pac Ten. It the Midwest was set up at St. Louis would be like eliminating the tradi- 125TH ANNIVERSARY OF ST. LOUIS Children’s Hospital in 1974. Another in- tional floats from the Tournament of CHILDREN’S HOSPITAL novation during the 1970s was the es- Roses Parade. ∑ Mr. BOND. Mr. President, in 1878 a tablishment of the Cleft Palate and I know it may surprise some that a group of pioneering women led by Mrs. Craniofacial Deformities Institute, the proud Stanford alum would take to the Appoline A. Blair had the innovative only one of its kind in the Midwest at Senate floor to speak out on behalf of idea to open a hospital in St. Louis the time. This unit works with many the Cardinal’s bitter rival, but as a where children could receive the spe- other areas of the hospital to recon- Senator representing the entire State cial care they needed and deserved. In struct head and facial deformities in of California, I feel it is my obligation 1879, St. Louis Children’s Hospital children. Dr. Thomas Spray, a to support all of our fine college ath- opened its doors to children and fami- cardiothoracic surgeon, performed his letes and to ensure that fairness and

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12059 good sportsmanship prevails in the American patriot and former Marine Those who lived through World War competitive arena. Richard K. Sorenson. II are often referred to as our Greatest The BCS was designed to ensure that A shining example of just how one in- Generation. And that Greatest Genera- the top two schools in the country dividual can make a difference is found tion is well represented in the life have a chance to play each other for in the life story of Richard K. ‘‘Rick’’ story of Rick Sorenson. He was not the national title. I am proud that an- Sorenson. only a battle-tested Marine but he also other California school, the University Born the 28th day of August in 1924, was a loving husband, father, and of Southern California Trojans, will Sorenson tried unsuccessfully to enlist grandfather. In his vocation he served play number two ranked Oklahoma in in the Navy on the day after Pearl Har- other veterans, and in his free time he the Orange Bowl. bor. He was only 17 at the time, and his was active in community affairs. If the top team from the Pac Ten parents refused to give their permis- Simply stated, the world is a better cannot play in the Rose Bowl because sion. He finished his junior year in high place because of Rick Sorenson. it is playing for the national title, fans school, but the next fall, the day after To Rick’s wife Milli I offer the condo- expect to see the next best school from football season ended, he and some of lences and the admiration of Nevadans the conference take its place. his teammates joined the Marine and Americans. This great nation that And, make no mistake about it, Cal Corps. Rick Sorenson risked his life for and has earned a right to play in the Rose Little did Rick Sorenson know, but lived his life for will always be grateful Bowl. he would soon make history. for his contributions.∑ On February 1, 1944, at the age of 19, Led by Head Coach Jeff Tedford, f quarterback Aaron Rodgers, defensive Private Sorenson and his five man ma- end Ryan Riddle, and running back J.J. chine gun squad found themselves part RECOGNIZING A RACING STAR Arrington, Cal won 10 and lost only of the amphibious assault of Namur, a ∑ Mr. ENSIGN. Mr. President, I rise once—on the road at USC—beating small island in the Kwajalein atoll today to recognize and congratulate an teams by an average of 23.9 points per which was defended by 4,000 Japanese outstanding athlete and a tremendous soldiers fighting from heavy concrete game. They were the only team to rank competitor from my home State of Ne- fortifications. in the top six both in scoring and scor- vada. At dawn the following morning, the A Las Vegas native, Kurt Busch is ing defense. Japanese counterattacked Sorenson’s In the end, despite beating Southern the epitome of a team player who position in what he later called a ‘‘full- Mississippi 26–16 to win their final thrives on pressure and has the utmost fledged banzai charge.’’ His squad had game of the year, Cal lost points in the respect for his competition. been fighting for its life for half an His journey to the finish line of the ESPN/USA Today coaches poll—one of hour when a Japanese soldier got close the polls that accounts for 33 per cent NASCAR Nextel Cup title started in go enough to throw a grenade in their carts and dwarf cars in Pahrump and of the BCS rankings—and thus was midst. Sorenson’s first impulse was to Las Vegas. Kurt and his brother, Kyle, edged out by Texas for the opportunity jump to the other side of the concrete shared their father Tom’s love for rac- to play in the Rose Bowl. foundation, but he instantly realized ing, and once Kurt hit the track there Let me be clear: The Texas that his buddies would take the impact was no stopping him. Longhorns had a great season, and I and that the entire squad would be His career highlights start with the have a lot of respect for the university overrun, so he threw himself on the Las Vegas Motor Speedway and the Ne- and their coaches and players. grenade and took the full force of the vada State Dwarf Car Rookie of the But, Cal led Texas in the BCS explosion. rankings for most of the season and it For his actions he was awarded the Year and Champion in 1994 and 1995 re- is common sense to me that if a team Medal of Honor. His citation was spectively. From there he broadened is in position to earn a trip to the Rose signed by Franklin D. Roosevelt and his horizons to the Southwest Series Bowl and they win their last four read, in part: ‘‘For conspicuous gal- after graduating from Durango High games of the season—as Cal did—they lantry and intrepidity at the risk of his School in Las Vegas. Durango High should not be denied an opportunity to life above and beyond the call of duty School is the home of the Trailblazers, play in that game. . . . Unhesitatingly, and with complete and Kurt’s road to champion race-car Surely we can find a way to preserve disregard for his own safety, Private driver at the age of 26 certainly blazed the best traditions of college football Sorenson hurled himself upon the dead- a trail or two along the way. and ensure that teams that earn an op- ly weapon, heroically taking the full Since those early Las Vegas days, portunity play in a major bowl, are al- impact of the explosion. As a result of Kurt has been an incredible presence in lowed to do so. his gallant action, he was severely the American racing scene. He com- In their last game, Cal had an oppor- wounded, but the lives of his comrades peted and finished above expectation tunity to score another touchdown were saved. His great personal valor time and time again. He started this when the result of the game was no and exceptional spirit of self-sacrifice season with the goal of winning the longer in doubt. Instead, Coach Tedford in the face of almost certain death championship. There were no guaran- decided to let the clock run out. Per- were in keeping with the highest tradi- tees in this Cup season though. Kurt haps another score would have im- tions of the United States Naval Serv- stayed focused, and keeping his eye on pressed enough voters in the coaches ice.’’ the prize paid off. But it was a nail poll to give Cal a chance to play in the Sorenson would undergo six oper- biter. Kurt faced many hurdles that Rose Bowl. But Coach Tedford did the ations over the next nine months. But would have meant the end for a lesser right thing and college football should he survived and went on to graduate competitor. There was the broken reward those decisions, not penalize from college, marry, and raise a fam- wheel, the late restart, and the intense them. ily. He was also recalled to active duty competition. And those challenges all Nothing can detract from Cal’s great with the Marines in 1950 during the Ko- came in the last race at the Home- season and I am confident that the rean War and was commissioned a first stead-Miami Speedway. team will bring home a win in the Holi- lieutenant. Mechanical failures and pressures day Bowl on December 30. I wish them After eventually leaving the Marines aside, racing fans attribute Kurt’s suc- the best of luck.∑ for good in 1955, he returned to civilian cess to his consistency. I say it’s all f life and pursued a career as an insur- about heart. ance underwriter before finally joining Following his victory, Kurt stated REMEMBERING RICHARD K. the Veterans’ Administration. In 1978 matter-of-factly: ‘‘This is what a team SORENSON he transferred to Reno, NV, and as- does to win a championship . . . I’d ∑ Mr. ENSIGN. Mr. President, I rise sumed duties as Director of Veterans like to put a cap on today and move on today to pay tribute to a man of re- Affairs for all of Nevada and nine coun- to what we did this year as a team, markable courage, compassion, and pa- ties in California. He retired in 1985 but which is unbelievable. This champion- triotism and to join Nevadans and remained a resident of Reno until his ship is for Jimmy Fennig and everyone Americans in mourning the loss of passing several months ago. that’s put work into this car.’’

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12060 CONGRESSIONAL RECORD — SENATE December 8, 2004 And that team—including those of us His service to his religion took many Veterans received that handshake and who cheered on our native son from forms as well. He served as a bishop of ‘thank you’, and did so by creating a Las Vegas—is proud of its driver. He the Idaho Falls Third Ward, a member repository in Columbus of military his- showed us all a passion for racing and of the South Idaho Falls Stake high tory that spans the history of our great a loyalty to those who got him to this council, and a stake patriarch. He set Nation. Mr. Williams believes, as I do, point. And he has proven that it is an example of Christian living through- that we must remember our history, as okay to dream big. From go carts in out his life. it is our roadmap to the future, and the Las Vegas desert to top racing ma- Delbert’s business accomplishments that we owe it to our children and chines on professional tracks, Kurt moved outside of real estate into bank- grandchildren to provide them the Busch is an inspiration. As Co-Chair of ing and broadcasting. He was a director proud history of our armed forces, and the Congressional Motorsports Caucus and vice president of the Bank of Com- their defense of our freedoms these so and a true race fan, I congratulate merce and founded KID Broadcasting many years. Kurt Busch on all his accomplish- Corporation. He and his wife Jennie Mr. Williams has become a historian ments, including this championship. were honored pioneers of the Bonne- of our military, and keeps an authentic Kurt, you have made us proud in Las ville County Historical Society. He was World War One Doughboy’s uniform Vegas, and we look forward to watch- also inducted into the Idaho Hall of that he wears when giving talks on ing you continue to shine in the future. Fame. His civic positions included both the vast history of our services, ∑ God bless you. president or chairman of the Chamber and the individual tales of bravery and f of Commerce, Kiwanis Club, the Selec- sacrifice one learns when taking the HONORING DELBERT V. GROBERG tive Service Board, the United Way, time to listen to the men who climbed and the Bonneville Bicentennial Com- ∑ Mr. CRAPO. Mr. President, I rise the cliffs at Pointe Du Hoc, froze in mission. He was given the Idaho 7th today to honor a civic leader in Idaho both the Ardennes and the Chosin, or District Bar Association Liberty Bell who passed away this week at the age made one more climb up a numbered Award, the BYU Alumni Service to of 98. Delbert V. Groberg was so active hill in the jungles of Vietnam. in community efforts in eastern Idaho Family Award, and the Presidential Ci- To Mr. Williams and those like him, that the local newspaper reported ‘‘it tation Award from Brigham Young I can only say thank you, both as a would take the best part of a news- University. Veteran, and as an American, for keep- While I have presented a long list of paper page to list’’ his accomplishing alive the history that shapes our accomplishments, what I want to share ments. But I knew him best as a close Nation. He may not have served di- with you most is that Delbert V. family friend; the father of one of my rectly in our armed forces, but he has best friends, Dr. George Groberg; and a Groberg was a man of great integrity. served his Nation by honoring the sac- man who held a place of trust and I learned much from him in my child- rifice of the thousands of men and honor in the community for decades. hood, lessons that continue to serve me women who did wear the uniform, and Delbert and his late wife, Jennie well today. He was thoughtful, sen- I know that if circumstances had been Holbrooke, were married nearly 74 sitive, and considerate. He was patri- different, he would have made our Na- years and are the parents of eleven otic and civic-minded. Although his action proud in that capacity as well.∑ complishments are legion, he remained children, all born and reared in Idaho f Falls. His family was his proudest ac- humble and interested. Despite his complishment, and he leaves behind busy schedule, his children say they MESSAGE FROM THE HOUSE Mary Jane, Richard who is currently never felt neglected. Delbert served his At 9:33 a.m., a message from the serving an LDS mission in Finland, Jo- community, his church, and his family House of Representatives, delivered by seph, Lewis, George, Julia, John, and managed to do it all through dif- Ms. Niland, one of its reading clerks, David, Delbert, Elizabeth, and Gloria, ficult times in our country’s history. announced that the House has passed along with 64 grandchildren, 116 great- His life is an outstanding example for the following bills, in which it requests grandchildren and one great-great- all. He will be missed by his family, his the concurrence of the Senate: community, and so many whose lives grandchild. What a legacy he has fos- H.R. 4116. An act to require the Secretary tered! he has touched over nearly a century of of the Treasury to mint coins celebrating the His business accomplishments began living. I was privileged to know him recovery and restoration of the American in 1929 in real estate when he founded and to have his influence in my life. bald eagle, the national symbol of the United the D. V. Groberg Company in Idaho For that, I will always be grateful.∑ States, to America’s lands, waterways, and Falls. The company expanded into real f skies and the great importance of the des- estate sales, appraisals, property man- ignation of the American bald eagle as an TRIBUTE TO JAMES LEROY agement and development, building ‘‘endangered’’ species under the Endangered WILLIAMS subdivisions throughout the area. He Species Act of 1973, and for other purposes. H.R. 5426. An act to make technical correc- served as the president of the Idaho ∑ Mr. BURNS. Mr. President, I rise today to recognize a fellow Montanan tions relating to the Coast Guard and Mari- Falls Real Estate Board and of the time Transportation Act of 2004. Idaho Real Estate Association. He was who represents the embodiment of The message also announced that the also the chairman of the Idaho Real Es- many of us who stand in steadfast and House has agreed to the following con- tate Commission and vice-president of determined support of our armed forces current resolutions, in which it re- the National Association of Realtors. both yesterday and today. James quests the concurrence of the Senate: Not surprisingly, he was selected as the LeRoy Williams was born just south of Idaho Realtor of the Year. He was the Montana, in Sheridan, WY and now H. Con. Res. 531. Concurrent resolution first in southern Idaho to receive the makes his home in beautiful Columbus, providing for the sine die adjournment of the MT. second session of the One Hundred Eighth professional designation from the Congress. American Institute of Real Estate Ap- At a time many recall in the late six- H. Con. Res. 532. Concurrent resolution praisers, which awarded him a lifetime ties, men were volunteering to serve in commending the Aero Squad After School membership. He was the founding Vietnam, and being drafted to serve. Program at Tomorrow’s Aeronautical Mu- president of its southern Idaho chapter. For some, service wasn’t an option due seum in Compton, California, as well as His interest in real estate led to an to medical complications, in this case other youth aviation programs that expose achievement that is a landmark in a back injury kept Mr. Williams from young minorities to the field of civil avia- Idaho Falls—the siting and building of fulfilling what he felt was his duty to tion. an LDS temple on the banks of the our Nation, and our future generations, The message further announced that Snake River. He later served as presi- and he stayed here in the States as a the House agree to the report of the dent of the Idaho Falls LDS Temple civilian. committee of conference on the dis- from 1975 to 1980 and authored a book This did not hinder his determination agreeing votes of the two Houses on about the temple, ‘‘The Idaho Falls to make a difference to those who did the amendment of the House to the bill Temple: The First LDS Temple in serve in our armed forces, and Mr. Wil- (S. 2845) to reform the intelligence Idaho.’’ liams made it his mission to ensure community and the intelligence and

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12061 intelligence-related activities of the ment of Agriculture, transmitting, pursuant Homeland Security, transmitting, pursuant United States Government, and for to law, the report of a rule entitled ‘‘Melons to law, the report of a rule entitled ‘‘Pref- other purposes. Grown in South Texas; Temporary Suspen- erential Treatment of Brassieres Under the The message also announced that the sion of Handling and Assessment Collection Caribbean Basin Economic Recovery Act’’ Regulations’’ (Doc. No. FV05–979–1 IFR) re- (RIN1505–AB42) received on December 5, 2004; House agree to the report of the com- ceived December 6, 2004; to the Committee on to the Committee on Finance. mittee of conference on the disagreeing Agriculture, Nutrition, and Forestry. EC–10086. A communication from the Regu- votes of the two Houses on the amend- EC–10076. A communication from the Ad- lations Coordinator, Centers for Medicare ment of the Senate to the bill (H.R. ministrator, Agricultural Marketing Serv- and Medicaid Services, Department of 4548) to authorize appropriations for ice, Fruit and Vegetable Programs, Depart- Health and Human Services, transmitting, fiscal year 2005 for intelligence and in- ment of Agriculture, transmitting, pursuant pursuant to law, the report of a rule entitled ‘‘Medicare Program: Expedited Determina- telligence-related activities of the to law, the report of a rule entitled ‘‘Vidalia Onions Grown in Georgia; Change in Assess- tion Procedures for Provider Service Termi- United States Government, the Com- ment Requirements’’ (Doc. No. FV04–955–1 nations’’ (RIN0938–AL67) received on Decem- munity Management Account, and the IFR) received December 6, 2004; to the Com- ber 5, 2004; to the Committee on Finance. Central Intelligence Agency Retire- mittee on Agriculture, Nutrition, and For- EC–10087. A communication from the Com- ment and Disability System, and for estry. missioner of the Social Security Administra- other purposes. EC–10077. A communication from the Sec- tion, transmitting, pursuant to law, the an- retary of Commerce, transmitting, pursuant nual inventory report for 2004 listing com- f to law, the periodic report on the national mercial activities based on OMB guidance; to the Committee on Finance. MEASURES REFERRED emergency caused by the lapse of the Export Administration Act of 1979 for February 19, EC–10088. A communication from the The following bill was read the first 2004 to August 19, 2004; to the Committee on Chairman of the Federal Energy Regulatory and the second times by unanimous Banking, Housing, and Urban Affairs. Commission, transmitting, pursuant to law, consent, and referred as indicated: EC–10078. A communication from the As- the Commission’s Year 2004 Inventory of Commercial Activities; to the Committee on H.R. 5426. An act to make technical correc- sistant Secretary of Legislative Affairs, De- partment of State, transmitting, pursuant to Energy and Natural Resources. tions relating to the Coast Guard and Mari- EC–10089. A communication from the Dep- law, the six-month periodic report on the na- time Transportation Act of 2004; to the Com- uty Director, Office of Surface Mining, De- tional emergency with respect to the pro- mittee on Commerce, Science, and Transpor- partment of the Interior, transmitting, pur- liferation of weapons of mass destruction tation. suant to law, the report of a rule entitled that was declared in Executive Order 12938 of ‘‘Pennsylvania Regulatory Program’’ (PA– The following concurrent resolutions November 14, 1994; to the Committee on 141–FOR) received on December 6, 2004; to the were read, and referred as indicated: Banking, Housing, and Urban Affairs. Committee on Energy and Natural Re- EC–10079. A communication from the H. Con. Res. 430. Concurrent resolution rec- sources. ognizing the importance of early diagnosis, Chairman and President of the Export-Im- EC–10090. A communication from the Dep- proper treatment, and enhanced public port Bank of the United States, transmit- uty Director, Office of Surface Mining, De- awareness of Tourette Syndrome and sup- ting, the report of a transaction involving partment of the Interior, transmitting, pur- porting the goals and ideals of National U.S. exports to Taiwan; to the Committee on suant to law, the report of a rule entitled Tourette Syndrome Awareness Month; to the Banking, Housing, and Urban Affairs. ‘‘Pennsylvania Regulatory Program’’ (PA– EC–10080. A communication from the White Committee on Health, Education, Labor, and 143–FOR) received on December 6, 2004; to the Pensions. House Liaison, Department of the Treasury, Committee on Energy and Natural Re- H. Con. Res. 532. Concurrent resolution transmitting, pursuant to law, the report of sources. commending the Aero Squad After School a nomination for the position of Assistant EC–10091. A communication from the Di- Program at Tomorrow’s Aeronautical Mu- Secretary (Management); to the Committee rector, Office of Surface Mining, Department seum in Compton, California, as well as on Banking, Housing, and Urban Affairs. of the Interior, transmitting, pursuant to other youth aviation programs that expose EC–10081. A communication from the Dep- law, the report of a rule entitled ‘‘Indiana young minorities to the field of civil avia- uty Chief Financial Officer, transmitting, Regulatory Program’’ (IN–141–FOR) received tion; to the Committee on Commerce, pursuant to law, the U. S. Department of the on December 6, 2004; to the Committee on Science, and Transportation. Treasury Fleet Alternative Fuel Vehicle Ac- Energy and Natural Resources. quisition Report for Fiscal Year 2003; to the EC–10092. A communication from the As- f Committee on Banking, Housing, and Urban sistant Secretary for Fish and Wildlife and EXECUTIVE AND OTHER Affairs. Parks, Office of Law Enforcement, U.S. Fish EC–10082. A communication from the Act- COMMUNICATIONS and Wildlife Service, transmitting, pursuant ing Chief, Publications and Regulations to law, the report of a rule entitled ‘‘Confer- The following communications were Branch, Internal Revenue Service, Depart- ring Designated Port Status for Houston, laid before the Senate, together with ment of the Treasury, transmitting, pursu- Texas; Louisville, Kentucky; and Memphis, accompanying papers, reports, and doc- ant to law, the report of a rule entitled ‘‘Em- Tennessee’’ (RIN1018–AT59) received on De- uments, and were referred as indicated: ployment and income tax treatment of cember 6, 2004; to the Committee on Energy amounts paid to a baseball player as a sign- and Natural Resources. EC–10072. A communication from the Dep- ing bonus and amounts paid to an employee EC–10093. A communication from the Act- uty Associate Administrator of the Environ- pursuant to a collective bargaining agreeing Assistant Secretary for Fish, Wildlife mental Protection Agency, transmitting, ment (CBA) upon ratification of the CBA by and Parks, Department of the Interior, pursuant to law, the report of a rule entitled the union’’ (Rev. Rul. 2004–109) received on transmitting, pursuant to law, the report of ‘‘Cyazofamid; Pesticide Tolerance; Technical December 5, 2004; to the Committee on Fi- a rule entitled ‘‘Endangered and Threatened Correction’’ (FRL7685–1) received on Sep- nance. Wildlife and Plants; Designation of Critical tember 30, 2004; to the Committee on Agri- EC–10083. A communication from the Act- Habitat for the California Tiger Salamander culture, Nutrition, and Forestry. ing Chief, Publications and Regulations (Ambystoma californiense) in Santa Barbara EC–10073. A communication from the Con- Branch, Internal Revenue Service, Depart- County’’ (RIN1018–AT44) received on Decem- gressional Review Coordinator, Animal and ment of the Treasury, transmitting, pursu- ber 6, 2004; to the Committee on Energy and Plant Health Inspection Service, Department ant to law, the report of a rule entitled ‘‘Em- Natural Resources. of Agriculture, transmitting, pursuant to ployment and income tax treatment of EC–10094. A communication from the Sec- law, the report of a rule entitled ‘‘Oriental amounts paid to an employee as consider- retary of Education, transmitting, pursuant Fruit Fly: Designation of Quarantined Area’’ ation for cancellation of an employment con- to law, the Annual Report of the National (Doc. No. 04–105–1) received November 9, 2004; tract and relinquishment of contract rights’’ Advisory Committee on Institutional Qual- to the Committee on Agriculture, Nutrition, (Rev. Rul. 2004–110) received on December 5, ity and Integrity for Fiscal Year 2004; to the and Forestry. 2004; to the Committee on Finance. Committee on Health, Education, Labor, and EC–10074. A communication from the Con- EC–10084. A communication from the Act- Pensions. gressional Review Coordinator, Animal ing Chief, Publications and Regulations EC–10095. A communication from the Sec- Plant Health Inspection Service, Department Branch, Internal Revenue Service, Depart- retary of Health and Human Services, trans- of Agriculture, transmitting, pursuant to ment of the Treasury, transmitting, pursu- mitting, pursuant to law, the Annual Report law, the report of a rule entitled ‘‘Mexican ant to law, the report of a rule entitled on the Refugee Resettlement Program for Avocado Import Program’’ (Doc. No. 03–022– ‘‘Definitions of Dependent under section 106 Fiscal Year 2002; to the Committee on 5) received November 30, 2004; to the Com- of the Internal Revenue Code’’ (Notice 2004– Health, Education, Labor, and Pensions. mittee on Agriculture, Nutrition, and For- 79) received on December 5, 2004; to the Com- EC–10096. A communication from the Sec- estry. mittee on Finance. retary of Health and Human Services, trans- EC–10075. A communication from the Ad- EC–10085. A communication from the Act- mitting, pursuant to law, the Report on the ministrator, Agricultural Marketing Serv- ing Chief of the Regulations Branch, Cus- Community Services Block Grant Discre- ice, Fruit and Vegetable Programs, Depart- toms and Border Protection, Department of tionary Activities: Community Economic

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12062 CONGRESSIONAL RECORD — SENATE December 8, 2004 Development Program (CEDP) projects fund- pursuant to law, the report of a rule entitled mental Protection Agency, transmitting, ed during Fiscal Year 2000; to the Committee ‘‘Approval and Promulgation of Air Quality pursuant to law, the report of a rule entitled on Health, Education, Labor, and Pensions. Implementation Plans; Maryland; Revised ‘‘Tennessee: Final Authorization of State EC–10097. A communication from the Presi- Format of 40 CFR Part 52 for Materials Hazardous Waste Management Program Re- dent of the Barry M. Goldwater Scholarship Being Incorporated by Reference’’ (FRL7835– vision’’ (FRL7846–2) received on December 6, Foundation, transmitting, pursuant to law, 7) received on December 6, 2004; to the Com- 2004; to the Committee on Environment and the Fiscal Year 2004 Report on the Account- mittee on Environment and Public Works. Public Works. ability of Tax Dollars Act (ADTA); to the EC–10107. A communication from Deputy EC–10116. A communication from the Di- Committee on Health, Education, Labor, and Associate Administrator of the Environ- rector, Office of Management and Budget, Pensions. mental Protection Agency, transmitting, Executive Office of the President, transmit- EC–10098. A communication from the Sec- pursuant to law, the report of a rule entitled ting, pursuant to law, a report entitled ‘‘Sta- retary of Health and Human Services, trans- ‘‘Emergency Planning and Community tistical Programs of the United States Gov- mitting, pursuant to law, the report on Tem- Right-to-Know Act; Extremely Hazardous ernment for Fiscal Year 2005’’; to the Com- porary Assistance for Needy Families Substances List; Deletion of Phosment’’ mittee on Governmental Affairs. (TANF) Program dated September 2004; to (FRL7842–1) received on December 6, 2004; to EC–10117. A communication from the Sec- the Committee on Health, Education, Labor, the Committee on Environment and Public retary of Transportation, transmitting, pur- and Pensions. Works. suant to law, the report of the Office of the EC–10099. A communication from the Di- EC–10108. A communication from Deputy Inspector General for the period of October 1, rector, Occupational Safety and Health Ad- Associate Administrator of the Environ- 2003 through March 31, 2004; to the Com- ministration, Department of Labor, trans- mental Protection Agency, transmitting, mittee on Governmental Affairs. mitting, pursuant to law, the report of a rule pursuant to law, the report of a rule entitled EC–10118. A communication from the Sec- entitled ‘‘Updating OSHA Based on National ‘‘List of Hazardous Air Pollutants, Petition retary of Energy, transmitting, pursuant to Consensus Standards; General, Incorporation Process, Lesser Quantity Designations, law, the Department’s fiscal year 2004 Per- by Reference; Hazardous Materials, Flam- Source Category List; Petition to Delist of formance and Accountability Report; to the mable and Combustible Liquids; General En- Ethylene Glycol Monobutyl Ether’’ Committee on Governmental Affairs. EC–10119. A communication from the vironmental Controls, Temporary Labor (FRL7841–8) received on December 6, 2004; to Chairman of the Federal Communication Camps; Hand and Portable Powered Tools the Committee on Environment and Public Commission, transmitting, pursuant to law, and Other Hand Held Equipment, Guarding Works. the Commission’s Fiscal Year 2004 Perform- of Portable Powered Tools; Welding, Cutting, EC–10109. A communication from Deputy ance and Accountability Report; to the Com- and Brazing, Arc Welding and Cutting; Spe- Associate Administrator of the Environ- mittee on Governmental Affairs. mental Protection Agency, transmitting, cial Industries, Sawmills’’ (RIN1218–AC08) re- EC–10120. A communication from the Ad- ceived on December 6, 2004; to the Committee pursuant to law, the report of a rule entitled ministrator of the Environmental Protection on Health, Education, Labor, and Pensions. ‘‘Revision to Definition of Volatile Organic Agency, transmitting, pursuant to law, the EC–10100. A communication from the Staff Compounds—Exclusion of t-Butyl Acetate’’ report of the Office of the Inspector General Director, United States Commission on Civil (FRL7840–8) received on December 6, 2004; to for the period of April 1, 2004 through Sep- Rights, transmitting, pursuant to law, the the Committee on Environment and Public tember 30, 2004; to the Committee on Govern- report on Charter for State Advisory Com- Works. mental Affairs. mittees; to the Committee on the Judiciary. EC–10110. A communication from Deputy EC–10121. A communication from the Sec- EC–10101. A communication from the As- Associate Administrator of the Environ- retary of Veterans Affairs, transmitting, sistant Attorney General, Office of Legisla- mental Protection Agency, transmitting, pursuant to law, the Fiscal Year 2004 Annual tive Affairs, Department of Justice, trans- pursuant to law, the report of a rule entitled Performance and Accountability Report; to mitting, pursuant to law, a report describing ‘‘Approval and Promulgation of Air Quality the Committee on Governmental Affairs. the efforts undertaken by the U.S. Depart- Implementation Plans; Oregon; Removal of EC–10122. A communication from the ment of Justice Office of Victims of Crime Perchlorethylene Dry Cleaning Systems Chairman of the National Endowment for (OVC) during Fiscal Year 2001 and 2002; to Rules’’ (FRL7839–5) received on December 6, the Arts, transmitting, pursuant to law, the the Committee on the Judiciary. 2004; to the Committee on Environment and Fiscal Year 2004 Performance and Account- EC–10102. A communication from the As- Public Works. ability Report; to the Committee on Govern- sistant Attorney General, Office of Legisla- EC–10111. A communication from Deputy mental Affairs. tive Affairs, Department of Justice, trans- Associate Administrator of the Environ- EC–10123. A communication from the mitting, pursuant to law, a report describing mental Protection Agency, transmitting, Chairman of the Board of Governors of the the assignment of responsibility for the func- pursuant to law, the report of a rule entitled United States Postal Service, transmitting, tions of the United States Parole Commis- ‘‘Approval and Promulgation of State Imple- pursuant to law, the report of the Office of sion (USPC) regarding supervised release of mentation Plans; Indiana; Rules to Control the Inspector General for the period of April District of Columbia offenders; to the Com- Particulate Matter and Carbon Monoxide 1, 2004 through September 30, 2004; to the mittee on the Judiciary. from Incinerators’’ (FRL7838–3) received on Committee on Governmental Affairs. EC–10103. A communication from the Di- December 6, 2004; to the Committee on Envi- EC–10124. A communication from the rector, Regulatory Management Division, ronment and Public Works. Chairman of the Broadcasting Board of Gov- U.S. Citizenship and Immigration Services, EC–10112. A communication from Deputy ernors, transmitting, pursuant to law, the Department of Homeland Security, transmit- Associate Administrator of the Environ- report of the Office of the Inspector General ting, pursuant to law, the report of a rule en- mental Protection Agency, transmitting, for the period of April 1, 2004 through Sep- titled ‘‘Implementation of the Agreement pursuant to law, the report of a rule entitled tember 30, 2004; to the Committee on Govern- Between the Government of the United ‘‘Approval and Promulgation of Air Quality mental Affairs. States of America and the Government of Implementation Plans; Pennsylvania; VOC EC–10125. A communication from the Sec- Canada Regarding Asylum Claims Made in Requirements for Portable Fuel Containers’’ retary of Veterans Affairs, transmitting, Transit and at Land Border Ports-of-Entry’’ (FRL7845–3) received on December 6, 2004; to pursuant to law, the report of the Office of (RIN1615–AA91) received on December 6, 2004; the Committee on Environment and Public the Inspector General for the period April 1, to the Committee on the Judiciary. Works. 2004 through September 30, 2004; to the Com- EC–10104. A communication from the Gen- EC–10113. A communication from Deputy mittee on Governmental Affairs. eral Counsel, Executive Office for Immigra- Associate Administrator of the Environ- EC–10126. A communication from the tion Review, Department of Justice, trans- mental Protection Agency, transmitting, Chairman of the Federal Housing Finance mitting, pursuant to law, the report of a rule pursuant to law, the report of a rule entitled Board, transmitting, pursuant to law, the entitled ‘‘Asylum Claims Made by Aliens Ar- ‘‘Approval and Promulgation of Air Quality Fiscal Year 2004 Performance and Account- riving from Canada at Land Border Ports-of- Implementation Plans; Pennsylvania; VOC ability Report; to the Committee on Govern- Entry’’ (RIN1125–AA46) received on Decem- Requirements for Consumer Products’’ mental Affairs. ber 6, 2004; to the Committee on the Judici- (FRL7845–1) received on December 6, 2004; to EC–10127. A communication from the Sec- ary. the Committee on Environment and Public retary of Labor, transmitting, pursuant to EC–10105. A communication from Deputy Works. law, the report of the Office of the Inspector Associate Administrator of the Environ- EC–10114. A communication from Deputy General for the period April 1, 2004 through mental Protection Agency, transmitting, Associate Administrator of the Environ- September 30, 2004; to the Committee on pursuant to law, the report of a rule entitled mental Protection Agency, transmitting, Governmental Affairs. ‘‘Air Quality: Revision to Definition of Vola- pursuant to law, the report of a rule entitled EC–10128. A communication from the Chief tile Organic Compounds—Exclusion of Four ‘‘Preliminary Assessment Information Re- Financial Officer, United States Holocaust Compounds’’ (FRL7840–7) received on Decem- porting; Addition of Certain Chemicals’’ Museum, transmitting, pursuant to law, the ber 6, 2004; to the Committee on Environ- (FRL7366–8) received on December 6, 2004; to Fiscal Year 2004 Performance and Account- ment and Public Works. the Committee on Environment and Public ability Report; to the Committee on Govern- EC–10106. A communication from Deputy Works. mental Affairs. Associate Administrator of the Environ- EC–10115. A communication from Deputy EC–10129. A communication from the mental Protection Agency, transmitting, Associate Administrator of the Environ- Chairman of the Railroad Retirement Board,

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12063 transmitting, pursuant to law, the report of EC–10142. A communication from the Di- military equipment abroad with Poland; to the Office of the Inspector General for the rector of Defense Procurement and Acquisi- the Committee on Foreign Relations. period April 1, 2004 through September 30, tion Policy, Department of Defense, trans- EC–10154. A communication from the As- 2004; to the Committee on Governmental Af- mitting, pursuant to law, the report of a rule sistant Secretary of Legislative Affairs, De- fairs. entitled ‘‘Laws Inapplicable to Commercial partment of State, transmitting, pursuant to EC–10130. A communication from the Subcontracts’’ (Case 2003–D018) received on the Arms Export Control Act, the certifi- Chairman and Chief Executive Officer, Farm November 22, 2004; to the Committee on cation of a proposed manufacturing license Credit Administration, transmitting, pursu- Armed Services. agreement for the manufacture of significant ant to law, the Fiscal Year 2004 Performance EC–10143. A communication from the Di- military equipment abroad with Italy; to the and Accountability Report; to the Com- rector of Defense Procurement and Acquisi- Committee on Foreign Relations. mittee on Governmental Affairs. tion Policy, Department of Defense, trans- EC–10155. A communication from the As- EC–10131. A communication from the Ad- mitting, pursuant to law, the report of a rule sistant Secretary of Legislative Affairs, De- ministrator of the Environmental Protection entitled ‘‘Acquisition of Commercial Items’’ partment of State, transmitting, pursuant to Agency, transmitting, pursuant to law, the (Case 2003–D074) received on November 22, the Arms Export Control Act, the certifi- Fiscal Year 2004 Performance and Account- 2004; to the Committee on Armed Services. cation of a proposed license for the export of ability Report; to the Committee on Govern- EC–10144. A communication from the Di- defense articles or defense services sold com- mental Affairs. rector of Defense Procurement and Acquisi- mercially under contract in the amount of EC–10132. A communication from the tion Policy, Department of Defense, trans- $100,000,000 or more with Japan; to the Com- Chairman of the Occupational Safety and mitting, pursuant to law, the report of a rule mittee on Foreign Relations. Health Review Commission, transmitting, entitled ‘‘Insurance’’ (Case 2003–D037) re- EC–10156. A communication from the As- pursuant to law, the Fiscal Year 2004 Per- ceived on November 22, 2004; to the Com- sistant Secretary of Legislative Affairs, De- formance and Accountability Report; to the mittee on Armed Services. partment of State, transmitting, pursuant to Committee on Governmental Affairs. EC–10145. A communication from the Di- the Arms Export Control Act, the certifi- EC–10133. A communication from the Act- rector of Defense Procurement and Acquisi- cation of a proposed manufacturing license ing Director, National Science Foundation, tion Policy, Department of Defense, trans- agreement for the manufacture of significant transmitting, pursuant to law, the Fiscal mitting, pursuant to law, the report of a rule military equipment abroad and the export of Year 2004 Performance and Accountability entitled ‘‘Transition of Weapons-Related defense articles or defense services in the Report; to the Committee on Governmental Prototype Projects to Follow-On Contracts’’ amount of $100,000,000 or more with Japan; to Affairs. (Case 2003–D106) received on November 22, the Committee on Foreign Relations. EC–10134. A communication from the Sec- 2004; to the Committee on Armed Services. EC–10157. A communication from the As- retary of Homeland Security, transmitting, EC–10146. A communication from the Di- sistant Secretary of Legislative Affairs, De- pursuant to law, the Fiscal Year 2004 Per- rector of Defense Procurement and Acquisi- partment of State, transmitting, pursuant to formance and Accountability Act; to the tion Policy, Department of Defense, trans- the Arms Export Control Act, the certifi- Committee on Governmental Affairs. mitting, pursuant to law, the report of a rule cation of a proposed license for the export of EC–10135. A communication from the Act- entitled ‘‘Federal Prison Industries—Dele- defense articles or defense services sold coming Under Secretary of Defense, transmit- tion of Duplicative Text’’ (Case 2004–D005) re- mercially under contract in the amount of ting, pursuant to law, seven quarterly Se- ceived on November 22, 2004; to the Com- $50,000,000 or more with Mexico, Greece, and lected Acquisition Reports (SARs) for the mittee on Armed Services. France; to the Committee on Foreign Rela- quarter ending September 30, 2004; to the EC–10147. A communication from the Di- tions. Committee on Armed Services. rector of Defense Procurement and Acquisi- EC–10158. A communication from the As- EC–10136. A communication from the Dep- tion Policy, Department of Defense, trans- sistant Secretary of Legislative Affairs, De- uty Chief of Naval Operations (Manpower mitting, pursuant to law, the report of a rule partment of State, transmitting, pursuant to and Personnel), Department of Defense, entitled ‘‘Procedures, Guidance, and Infor- the Arms Export Control Act, the certifi- transmitting, pursuant to law, a report re- mation’’ (Case 2003–D090) received on Novem- cation of a proposed license for the export of garding a decision to implement perform- ber 22, 2004; to the Committee on Armed defense articles that are firearms controlled ance by the Most Efficient Organization Services. under category I of the United States Muni- (MEO) for Physical Distribution in Brem- EC–10148. A communication from the Di- tions List sold commercially under a con- erton, WA; to the Committee on Armed Serv- rector of Defense Procurement and Acquisi- tract in the amount of $1,000,000 or more ices. tion Policy, Department of Defense, trans- with Kuwait; to the Committee on Foreign EC–10137. A communication from the mitting, pursuant to law, the report of a rule Relations. Under Secretary of Defense (Comptroller), entitled ‘‘Contractor Qualifications Relating EC–10159. A communication from the As- transmitting, pursuant to law, a report rel- to Contract Placement’’ (Case 2003–D011) resistant Secretary of Legislative Affairs, De- ative to acceptance of contributions for deceived on November 22, 2004; to the Com- partment of State, transmitting, pursuant to fense programs, projects, and activities; De- mittee on Armed Services. the Arms Export Control Act, the certifi- fense Cooperation Account, and a report con- EC–10149. A communication from the As- cation of a proposed license for the export of cerning the value of personal property that sistant Secretary of Legislative Affairs, De- defense articles or defense services sold com- foreign nations have provided the United partment of State, transmitting, pursuant to mercially under a contract in the amount of States for the global war on terrorism; to law, a report relative to Kyrgyzstan, $50,000,000 or more with India; to the Com- the Committee on Armed Services. Moldova, and the Ukraine; to the Committee mittee on Foreign Relations. EC–10138. A communication from the Di- on Foreign Relations. EC–10160. A communication from the As- rector of Defense Procurement and Acquisi- EC–10150. A communication from the As- sistant Secretary of Legislative Affairs, De- tion Policy, Department of Defense, trans- sistant Secretary of Legislative Affairs, partment of State, transmitting, pursuant to mitting, pursuant to law, the report of a rule transmitting, pursuant to law, a report rel- the Arms Export Control Act, the certifi- entitled ‘‘Research and Development Con- ative to information on U.S. military per- cation of a proposed license for the export of tracting’’ (Case 2003–D067) received on No- sonnel and U.S. individual civilians retained defense articles that are firearms controlled vember 22, 2004; to the Committee on Armed as contractors involved in the anti-narcotics under category I of the United States Muni- Services. campaign in Colombia; to the Committee on tions List sold commercially under a con- EC–10139. A communication from the Di- Foreign Relations. tract in the amount of $1,000,000 or more rector of Defense Procurement and Acquisi- EC–10151. A communication from the As- with Columbia; to the Committee on Foreign tion Policy, Department of Defense, trans- sistant Legal Adviser for Treaty Affairs, De- Relations. mitting, pursuant to law, the report of a rule partment of State, transmitting, pursuant to EC–10161. A communication from the As- entitled ‘‘Sealed Bidding’’ (Case 2003–D076) law, the report of text and background state- sistant Secretary of Legislative Affairs, De- received on November 22, 2004; to the Com- ments of international agreement other than partment of State, transmitting, pursuant to mittee on Armed Services. treaties; to the Committee on Foreign Rela- the Arms Export Control Act, the certifi- EC–10140. A communication from the Di- tions. cation of a proposed license for the export of rector of Defense Procurement and Acquisi- EC–10152. A communication from the Act- defense articles that are firearms controlled tion Policy, Department of Defense, trans- ing Assistant Secretary of Legislative Af- under category I of the United States Muni- mitting, pursuant to law, the report of a rule fairs, Department of State, transmitting, tions List sold commercially under a con- entitled ‘‘Publicizing Contract Actions’’ pursuant to law, the preliminary fleet alter- tract in the amount of $1,000,000 or more (Case 2003–D016) received on November 22, native fuel vehicle program report for fiscal with the United Arab Emirates; to the Com- 2004; to the Committee on Armed Services. year 2004; to the Committee on Foreign Rela- mittee on Foreign Relations. EC–10141. A communication from the Di- tions. EC–10162. A communication from the As- rector of Defense Procurement and Acquisi- EC–10153. A communication from the As- sistant Secretary of Legislative Affairs, De- tion Policy, Department of Defense, trans- sistant Secretary of Legislative Affairs, De- partment of State, transmitting, pursuant to mitting, pursuant to law, the report of a rule partment of State, transmitting, pursuant to the Arms Export Control Act, the certifi- entitled ‘‘Cost Principles and Procedures’’ the Arms Export Control Act, the certification of a proposed manufacturing license (Case 2003–D036) received on November 22, cation of a proposed manufacturing license agreement for the manufacture of significant 2004; to the Committee on Armed Services. agreement for the manufacture of significant military equipment abroad and license for

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12064 CONGRESSIONAL RECORD — SENATE December 8, 2004 the export of defense articles or defense serv- 22, 2004; to the Committee on Commerce, sion, transmitting, pursuant to law, the re- ices sold commercially under a contract in Science, and Transportation. port of a rule entitled ‘‘Amendment of part 2 the amount of $100,000,000 or more to Italy; EC–10173. A communication from the Act- of the Commission’s rules to allocate spec- to the Committee on Foreign Relations. ing Director, Office of Sustainable Fisheries, trum below 3 GHz for mobile and fixed serv- EC–10163. A communication from the As- Department of Commerce, transmitting, pur- ice to support the introduction of new ad- sistant Secretary of Legislative Affairs, De- suant to law, the report of a rule entitled vanced wireless services, including third gen- partment of State, transmitting, pursuant to ‘‘Fisheries off West Coast States and in the eration wireless systems’’ (Doc. No. 00–258) the Arms Export Control Act, the certifi- Western Pacific; West Coast Salmon Fish- received on December 6, 2004; to the Com- cation of a proposed license for the export of eries; Inseason Action #13—Adjustments of mittee on Commerce, Science, and Transpor- defense articles or defense services sold com- the Recreational Fisheries from the U.S.- tation. mercially under contract in the amount of Canada Border to Cape Falcon, Oregon’’ (ID EC–10181. A communication from the Chief, $100,000,000 or more with Canada; to the Com- 102604C) received on December 6, 2004; to the Office of Engineering and Technology, Fed- mittee on Foreign Relations. Committee on Commerce, Science, and eral Communication Commission, transmit- EC–10164. A communication from the As- Transportation. ting, pursuant to law, the report of a rule en- sistant Secretary of Legislative Affairs, De- EC–10174. A communication from the Sec- titled ‘‘Amendment of part 2 of the Commis- partment of State, transmitting, pursuant to retary of the Federal Trade Commission, sion’s rules to allocate spectrum below 3 GHz the Arms Export Control Act, the certifi- transmitting, pursuant to law, the report of for mobile and fixed services to support the cation of a proposed license for the export of a rule entitled ‘‘Proper Disposal of Consumer introduction of new advanced wireless serv- defense articles or defense services sold com- Report Information and Records’’ (R411007) ices, including third generation wireless sys- mercially under a contract in the amount of received on December 6, 2004; to the Com- tems’’ (Doc. No. 00–258) received on December $50,000,000 or more to Mexico; to the Com- mittee on Commerce, Science, and Transpor- 6, 2004; to the Committee on Commerce, mittee on Foreign Relations. tation. Science, and Transportation. EC–10165. A communication from the As- EC–10175. A communication from the Legal EC–10182. A communication from the Dep- sistant Secretary of Legislative Affairs, De- Counsel, Wireline Competition Bureau, Fed- uty Chief, Wireline Competition Bureau, partment of State, transmitting, pursuant to eral Communications Commission, transmit- Federal Communication Commission, trans- law, a report Waiving Prohibition on United ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the report of a rule States Military Assistance with Respect to titled ‘‘Part 51—Interconnection; Section entitled ‘‘Local Telephone Competition and Burundi, Guyana, and Liberia; to the Com- 51.319 Specific Unbundling Requirements; Broadband Reporting’’ (FCC 04–266) received mittee on Foreign Relations. Section 51.325 Notice of network changes: on December 6, 2004; to the Committee on EC–10166. A communication from the As- Public Notice Requirement; Section 51.331 Commerce, Science, and Transportation. sistant Secretary of Legislative Affairs, De- Notice of network changes: Timing of notice; EC–10183. A communication from the Sen- partment of State, transmitting, pursuant to Section 51.333 Notice of Network Changes: ior Attorney, Office of Chief Counsel, Re- law, the annual report for 2003 on United Short Term Notice, Objections Thereto and search and Special Programs Administra- States Participation in the United Nations; Objections to Retirement of Copper Loops or tion, transmitting, pursuant to law, the re- to the Committee on Foreign Relations. Copper Subloops’’ (FCC04-248) received on port of a rule entitled ‘‘Hazardous Materials: EC–10167. A communication from the As- December 6, 2004; to the Committee on Com- Miscellaneous Changes to the Hazard Com- sistant Secretary for Administration, De- merce, Science, and Transportation. munication Requirements’’ (RIN2137–AD28) partment of Transportation, transmitting, EC–10176. A communication from the Sen- received on December 6, 2004; to the Com- pursuant to law, the report of inventories of ior Legal Advisor, International Bureau, mittee on Commerce, Science, and Transpor- commercial and inherently governmental po- Federal Communication Commission, trans- tation . EC–10184. A communication from the Chief, sitions in the U.S. Department of Transpor- mitting, pursuant to law, the report of a rule Policy and Rules Division, Office of Engi- tation; to the Committee on Commerce, entitled ‘‘In the Matter of Revision of the neering and Technology, Federal Commu- Science, and Transportation. Commission’s Rules to Ensure Compatibility nications Commission, transmitting, pursu- EC–10168. A communication from the Chief with Enhanced 911 Emergency Calling Sys- ant to law, the report of a rule entitled ‘‘Re- Financial Officer and Assistant Secretary for tems; Amendment of Parts 2 and 25 to Imple- view of Part 15 and other Parts of the Com- Administration, Department of Commerce, ment the Global Mobile Personal Commu- mission’s Rules’’ (Doc. No. 01–278) received transmitting, pursuant to law, the report on nications by Satellite (GMPCS) Memo- on December 6, 2004; to the Committee on competitive sourcing efforts for fiscal year randum of Understanding and Arrangement’’ Commerce, Science, and Transportation. 2003; to the Committee on Commerce, (Doc. No. 94–102) received on December 6, EC–10185. A communication from the At- Science, and Transportation. 2004; to the Committee on Commerce, torney-Advisor, National Highway Traffic EC–10169. A communication from the Chief Science, and Transportation. Safety Administration, Department of Financial Officer and Assistant Secretary for EC–10177. A communication from the Chief, Transportation, transmitting, pursuant to Administration, Department of Commerce, Network Technology Division, Office of En- law, the report of a rule entitled ‘‘Label transmitting, pursuant to law, the report of gineering and Technology, Federal Commu- Placement on Rear Impact Guards’’ functions performed by the Agency that are nication Commission, transmitting, pursu- (RIN2127–AI04) received on December 6, 2004; not inherently governmental after the inven- ant to law, the report of a rule entitled ‘‘New to the Committee on Commerce, Science, tory has been reviewed by the Office of Man- Part 4 of the Commission’s Rule Concerning and Transportation. agement and Budget for 2003; to the Com- Disruptions to Communications’’ (Doc. No. EC–10186. A communication from the At- mittee on Commerce, Science, and Transpor- 04–35) received on December 6, 2004; to the torney-General, National Highway Traffic tation. Committee on Commerce, Science, and Safety Administration, Department of EC–10170. A communication from the As- Transportation. Transportation, transmitting, pursuant to sistant Secretary, Federal Maritime Com- EC–10178. A communication from the Legal law, the report of a rule entitled ‘‘Rear Im- mission, transmitting, pursuant to law, the Advisor, Wireless Telecommunications Bu- pact Guards’’ (RIN2127–AI56) received on De- report of a rule entitled ‘‘Ocean Common reau, Federal Communication Commission, cember 6, 2004; to the Committee on Com- Carrier and Marine Terminal Operator transmitting, pursuant to law, the report of merce, Science, and Transportation. Agreements Subject to the Shipping Act of a rule entitled ‘‘Amendment of Part 1 of the EC–10187. A communication from the As- 1984’’ (Doc. No. 03–15) received on November Commission’s Rules and Procedures for the sistant Secretary for Export Administration, 22, 2004; to the Committee on Commerce, Nationwide Programmatic Agreement Re- Department of Commerce, transmitting, pur- Science, and Transportation. garding the Section 106 National Historic suant to law, the report of a rule entitled EC–10171. A communication from the Dep- Preservation Act Review Process’’ (Doc. No. ‘‘Termination of Certain Emergencies with uty Assistant Administrator for Regulatory 03–128) received on December 5, 2004; to the Respect to Yugoslavia and Related Removal Programs, National Marine Fisheries Serv- Committee on Commerce, Science, and of Restrictions on Transactions with Persons ice, Department of Commerce, transmitting, Transportation. Identified by the Bracketed Initials (FRYM) pursuant to law, the report of a rule entitled EC–10179. A communication from the Dep- under the Export Administration Regula- ‘‘Final rule to implement Amendments 48/48 uty Chief, Office of Engineering and Tech- tions’’ (RIN0694–AC84) received on November to the Fishery Management Plans for nology, Federal Communications Commis- 22, 2004; to the Committee on Commerce, Groundfish of the Bering Sea and Aleutian sion, transmitting, pursuant to law, the re- Science, and Transportation. Islands Management Area, and Groundfish of port of a rule entitled ‘‘Amendment of Part EC–10188. A communication from the As- the Gulf of Alaska’’ (RIN0648–AR77) received 15 regarding new requirements and measure- sistant Secretary for Export Administration, on November 22, 2004; to the Committee on ment guidelines for Access Broadband over Department of Commerce, transmitting, pur- Commerce, Science, and Transportation. Power Line Systems, Carrier Current Sys- suant to law, the report of a rule entitled EC–10172. A communication from the Act- tems, including Broadband over Power Line ‘‘Revisions to the Export Administration ing Director, Office of Sustainable Fisheries, Systems’’ (Doc. No. 04–37 and 03–104) received Regulations: Removal of the List of Missile Department of Commerce, transmitting, pur- on December 6, 2004; to the Committee on Projects and Expansion of Missile-related suant to law, the report of a rule entitled Commerce, Science, and Transportation. End-Use and End-User Controls’’ (RIN0694- ‘‘Notice of Closure of the Recreational Red EC–10180. A communication from the Dep- AC46) received on November 22, 2004; to the Snapper Component of the Reef Fish Fishery uty Chief, Office of Engineering and Tech- Committee on Commerce, Science, and of the Gulf of Mexico’’ received on November nology, Federal Communications Commis- Transportation.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12065 EC–10189. A communication from the Para- EC–10198. A communication from the Legal Federal Communication Commission, trans- legal Specialist, Federal Aviation Adminis- Advisor to the Bureau Chief, Media Bureau, mitting, pursuant to law, the report of a rule tration, Department of Transportation, Federal Communication Commission, trans- entitled ‘‘Amendment of Section 73.622(b), transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule Table of Allotments, DTV Broadcast Sta- a rule entitled ‘‘Airworthiness Directives: entitled ‘‘Amendment of Section 73.202(b), tions (Green Bay, Wisconsin)’’ (Doc. No. 01- Bombardier Model DHC-8-102 Airplanes’’ Table of Allotments, FM Broadcast Stations 334) received on December 6, 2004; to the ((RIN2120-AA64)(2004-0485)) received on De- (Windsor and Bethel, North Carolina’’ (Doc. Committee on Commerce, Science, and cember 6, 2004; to the Committee on Com- No. 04-72) received on December 6, 2004; to Transportation. merce, Science, and Transportation. the Committee on Commerce, Science, and EC–10208. A communication from the Legal EC–10190. A communication from the Para- Transportation. Advisor to the Bureau Chief, Media Bureau, legal Specialist, Federal Aviation Adminis- EC–10199. A communication from the Legal Federal Communication Commission, trans- tration, Department of Transportation, Advisor to the Bureau Chief, Media Bureau, mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of Federal Communication Commission, trans- entitled ‘‘Amendment of Section 73.202(b), a rule entitled ‘‘Airworthiness Directives: mitting, pursuant to law, the report of a rule Table of Allotments, FM Broadcast Stations McDonnell Douglas Model MD-11 and 11F entitled ‘‘Amendment of Section 73.202(b), (Valley Mills, Teague, Brady, Hico, Merid- Airplanes’’ ((RIN2120-AA64)(2004-0484)) re- Table of Allotment, FM Broadcast Stations ian, San Saba, and Richland Springs, ceived on December 6, 2004; to the Committee (Susanville, Quincy, Corning, and Portola, Texas)’’ (Doc. No. 01–47) received on Decem- on Commerce, Science, and Transportation. California’’ (Doc. No. 04-164) received on De- ber 6, 2004; to the Committee on Commerce, EC–10191. A communication from the Para- cember 6, 2004; to the Committee on Com- Science, and Transportation. legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. EC–10209. A communication from the Legal tration, Department of Transportation, EC–10200. A communication from the Legal Advisor to the Bureau Chief, Media Bureau, transmitting, pursuant to law, the report of Advisor to the Bureau Chief, Media Bureau, Federal Communication Commission, trans- a rule entitled ‘‘Airworthiness Directives: Federal Communication Commission, transmitting, pursuant to law, the report of a rule Empresa Brasileria de Aeronautica SA mitting, pursuant to law, the report of a rule entitled ‘‘Telecommunications Services In- (EMBRAER) model EMB-135 and EMB-145’’ entitled ‘‘Amendment of Section 73.202(b), side Wiring, Customer Premises Equipment, ((RIN2120-AA64)(2004-0483)) received on De- Table of Allotments, FM Broadcast Stations In the Matter of the Cable TV Consumer Pro- cember 6, 2004; to the Committee on Com- (Maplesville, Alabama)’’ (Doc. No. 03-5) re- tection and Competition Act of 1992; Cable merce, Science, and Transportation. ceived on December 6, 2004; to the Committee Home Wiring’’ (Doc. No. 95–184) received on EC–10192. A communication from the Para- on Commerce, Science, and Transportation. December 6, 2004; to the Committee on Com- legal Specialist, Federal Aviation Adminis- EC–10201. A communication from the Legal merce, Science, and Transportation. tration, Department of Transportation, Advisor to the Bureau Chief, Media Bureau, EC–10210. A communication from the Legal transmitting, pursuant to law, the report of Federal Communication Commission, trans- Advisor to the Bureau Chief, Media Bureau, a rule entitled ‘‘Airworthiness Directives: mitting, pursuant to law, the report of a rule Federal Communication Commission, trans- Airbus Model A330 and Model A340-200 and entitled ‘‘Amendment of Section 73.202(b), mitting, pursuant to law, the report of a rule 300 Airplanes’’ ((RIN2120-AA64)(2004-0488)) re- Table of Allotments, FM Broadcast Stations entitled ‘‘Amendment of Section 73.622(b), ceived on December 6, 2004; to the Committee (Boligee, Alabama and Vaiden, Mississippi)’’ Table of Allotments, DTV Broadcast Sta- on Commerce, Science, and Transportation. (Doc. No. 04-213 and 04-216) received on De- tions (Kalispell, Montana)’’ (Doc. No. 04–283) EC–10193. A communication from the Para- cember 6, 2004; to the Committee on Com- received on December 6, 2004; to the Com- legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- tration, Department of Transportation, EC–10202. A communication from the Legal tation. EC–10211. A communication from the Legal transmitting, pursuant to law, the report of Advisor to the Bureau Chief, Media Bureau, Advisor to the Bureau Chief, Media Bureau, a rule entitled ‘‘Airworthiness Directives: Federal Communication Commission, trans- Federal Communication Commission, trans- Rolls Royce plc RG 211-22B, RB211-524, and mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule RB211-535 Turbofan Engines’’ ((RIN2120- entitled ‘‘Amendment of Section 73.202(b), entitled ‘‘Amendment of Section 73.622(b), AA64)(2004-0486)) received on December 6, Table of Allotments, FM Broadcast Stations Table of Allotments, DTV Broadcast Sta- 2004; to the Committee on Commerce, (El Indio, Texas)’’ (Doc. No. 04-169) received tions (Greenwood, Mississippi)’’ (Doc. No. 04– Science, and Transportation. on December 6, 2004; to the Committee on 187) received on December 6, 2004; to the EC–10194. A communication from the Para- Commerce, Science, and Transportation. Committee on Commerce, Science, and legal Specialist, Federal Aviation Adminis- EC–10203. A communication from the Legal Transportation. tration, Department of Transportation, Advisor to the Bureau Chief, Media Bureau, EC–10212. A communication from the Legal transmitting, pursuant to law, the report of Federal Communication Commission, trans- Advisor to the Bureau Chief, Media Bureau, a rule entitled ‘‘Airworthiness Directives: mitting, pursuant to law, the report of a rule Federal Communication Commission, trans- Boeing Model 777 Airplanes’’ ((RIN2120- entitled ‘‘Amendment of Section 73.202(b), mitting, pursuant to law, the report of a rule AA64)(2004-0487)) received on December 6, Table of Allotments, FM Broadcast Stations entitled ‘‘Amendment of Sections 73.606(b) 2004; to the Committee on Commerce, (Cross City and Key Largo, Florida; McCall, and 73.622(b), Table of Allotments, TV and Science, and Transportation. Idaho)’’ (Doc. No. 04-195—04-200) received on DTV Broadcast Stations (Tulsa, Oklahoma)’’ EC–10195. A communication from the Para- December 6, 2004; to the Committee on Com- (Doc. No. 04–260) received on December 6, legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. 2004; to the Committee on Commerce, tration, Department of Transportation, EC–10204. A communication from the Legal Science, and Transportation. transmitting, pursuant to law, the report of Advisor to the Bureau Chief, Media Bureau, EC–10213. A communication from the Legal a rule entitled ‘‘Airworthiness Directives: Federal Communication Commission, trans- Advisor to the Bureau Chief, Media Bureau, Airbus Model A300 B2 and B4 Airplanes and mitting, pursuant to law, the report of a rule Federal Communication Commission, trans- Model A300 B4-601, B4-603, B4-605R, B4-620, entitled ‘‘Amendment of Section 73.202(b), mitting, pursuant to law, the report of a rule B4-622R, C4-605R Variant F, and F4-605R Air- Table of Allotments, FM Broadcast Stations entitled ‘‘Amendment of Section 73.202(b), planes’’ ((RIN2120-AA64)(2004-0490)) received (Dexter, Georgia)’’ (Doc. No. 04-69) received Table of Allotments, FM Broadcast Stations on December 6, 2004; to the Committee on on December 6, 2004; to the Committee on (Calhoun, Georgia) and Reclassification of Commerce, Science, and Transportation. Commerce, Science, and Transportation. License of Station WYSF FM, Birmingham, EC–10196. A communication from the Para- EC–10205. A communication from the Legal Alabama’’ (Doc. No. 04–204) received on De- legal Specialist, Federal Aviation Adminis- Advisor to the Bureau Chief, Media Bureau, cember 6, 2004; to the Committee on Com- tration, Department of Transportation, Federal Communication Commission, trans- merce, Science, and Transportation. transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule EC–10214. A communication from the Legal a rule entitled ‘‘Airworthiness Directives: entitled ‘‘Amendment of Section 73.202(b), Advisor to the Bureau Chief, Media Bureau, McDonnell Douglas Model DC-10, 10, DC-10- Table of Allotments, FM Broadcast Stations Federal Communication Commission, trans- 10F, DC-1-15, DC-10-30, DC-10-30F, DC-10-30F (Trenton and Burlington, New Jersey)’’ (Doc. mitting, pursuant to law, the report of a rule (KC10A and KDC-10), DC-10-40, DC-1—40F, No. 04-150) received on December 6, 2004; to entitled ‘‘Amendment of Section 73.202(b), MD-10-10F, and MD-10-30F Airplanes’’ the Committee on Commerce, Science, and Table of Allotments, FM Broadcast Stations ((RIN2120-AA64)(2004-0489)) received on De- Transportation. (Islamorada, Florida)’’ (Doc. No. 04–205) re- cember 6, 2004; to the Committee on Com- EC–10206. A communication from the Legal ceived on December 6, 2004; to the Committee merce, Science, and Transportation. Advisor to the Bureau Chief, Media Bureau, on Commerce, Science, and Transportation. EC–10197. A communication from the Legal Federal Communication Commission, trans- EC–10215. A communication from the Legal Advisor to the Bureau Chief, Media Bureau, mitting, pursuant to law, the report of a rule Advisor to the Bureau Chief, Media Bureau, Federal Communication Commission, trans- entitled ‘‘Amendment of Section 73.202(b), Federal Communication Commission, transmitting, pursuant to law, the report of a rule Table of Allotments, FM Broadcast Stations mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), (Cordele, Dawson, and Pinehurst, Georgia)’’ entitled ‘‘Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations (Doc. No. 04-33) received on December 6, 2004; Table of Allotments, FM Broadcast Stations (Smiley, Yoakum, and Markham, Texas’’ to the Committee on Commerce, Science, (Waitsburg, Washington)’’ (Doc. No. 04–168) (Doc. No. 02-248) received on December 6, and Transportation. received on December 6, 2004; to the Com- 2004; to the Committee on Commerce, EC–10207. A communication from the Legal mittee on Commerce, Science, and Transpor- Science, and Transportation. Advisor to the Bureau Chief, Media Bureau, tation.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12066 CONGRESSIONAL RECORD — SENATE December 8, 2004 EC–10216. A communication from the Legal mitting, pursuant to law, the report of a rule EC–10236. A communication from the Pro- Advisor to the Bureau Chief, Media Bureau, entitled ‘‘Airworthiness Directives: Rolls gram Analyst, Federal Aviation Administra- Federal Communication Commission, trans- Royce plc RB211 Trent 800 Series Turbofan tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Engines’’ (RIN2120–AA64) received on Decem- mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), ber 6, 2004; to the Committee on Commerce, entitled ‘‘Establishment of Class E Airspace; Table of Allotments, FM Broadcast Stations Science, and Transportation. Nulato, Alaska’’ (RIN2120–AA66) received on (Sells, Arizona)’’ (Doc. No. 02–376) received EC–10226. A communication from the Pro- December 6, 2004; to the Committee on Com- on December 6, 2004; to the Committee on gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. Commerce, Science, and Transportation. tion, Department of Transportation, trans- EC–10237. A communication from the Pro- EC–10217. A communication from the Legal mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Advisor to the Bureau Chief, Media Bureau, entitled ‘‘Modification of Class E Airspace tion, Department of Transportation, trans- Federal Communication Commission, trans- (Hannibal, Missouri)’’ (RIN2120–AA66) re- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule ceived on December 6, 2004; to the Committee entitled ‘‘Establishment of Class E Airspace; entitled ‘‘Amendment of Section 73.622(b), on Commerce, Science, and Transportation. Albert Lea, Minnesota’’ (RIN2120–AA66) re- Table of Allotments, DTV Broadcast Sta- EC–10227. A communication from the Pro- ceived on December 6, 2004; to the Committee tions (Greeley, Colorado)’’ (Doc. No. 04–253) gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- received on December 6, 2004; to the Com- EC–10238. A communication from the Pro- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace tation. tion, Department of Transportation, trans- (Lamar, Missouri)’’ (RIN2120–AA66) received EC–10218. A communication from the Pro- mitting, pursuant to law, the report of a rule on December 6, 2004; to the Committee on gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- Commerce, Science, and Transportation. EC–10228. A communication from the Pro- Fremont, Nebraska’’ (RIN2120–AA66) re- mitting, pursuant to law, the report of a rule ceived on December 6, 2004; to the Committee entitled ‘‘Airworthiness Directives: General gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. Electric CF6–80C2 Turbofan Engines’’ EC–10239. A communication from the Pro- ((RIN2120–AA64) (2004–0505)) received on De- mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class D Airspace gram Analyst, Federal Aviation Administra- cember 6, 2004; to the Committee on Com- tion, Department of Transportation, trans- merce, Science, and Transportation. and Modification of Class D Airspace and Modification of Class E Airspace (Grand Is- mitting, pursuant to law, the report of a rule EC–10219. A communication from the Pro- entitled ‘‘Standard Instrument Approach gram Analyst, Federal Aviation Administra- land, Nebraska)’’ (RIN2120–AA66) received on December 6, 2004; to the Committee on Com- Procedures; Miscellaneous Amendments tion, Department of Transportation, trans- (59)’’ (RIN2120–AA65) received on December 6, mitting, pursuant to law, the report of a rule merce, Science, and Transportation. EC–10229. A communication from the Pro- 2004; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: Cessna gram Analyst, Federal Aviation Administra- Science, and Transportation. Aircraft Company Models 190, 195 (L–126A, B, tion, Department of Transportation, trans- EC–10240. A communication from the Pro- B), 195A, and 195B Airplanes’’ ((RIN2120– mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- AA64)(2004–0506)) received on December 6, entitled ‘‘Modification of Class D Airspace tion, Department of Transportation, trans- 2004; to the Committee on Commerce, and Modification of Class E Airspace mitting, pursuant to law, the report of a rule Science, and Transportation. (Harrisonville, Missouri)’’ (RIN2120–AA66) re- entitled ‘‘Modification of Class E Airspace; EC–10220. A communication from the Pro- ceived on December 6, 2004; to the Committee Kennett, Missouri’’ (RIN2120–AA66) received gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. on December 6, 2004; to the Committee on tion, Department of Transportation, trans- EC–10230. A communication from the Pro- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–10241. A communication from the Pro- entitled ‘‘Airworthiness Directives: Airbus tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Model A320 Series Airplanes)’’ (RIN2120– mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- AA64) received on December 6, 2004; to the entitled ‘‘Modification of Class E Airspace mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and (Merrill, Wisconsin)’’ (RIN2120–AA66) re- entitled ‘‘Modification of Class D Airspace; Transportation. ceived on December 6, 2004; to the Committee EC–10221. A communication from the Pro- and Modification of Class E Airspace; Joplin, on Commerce, Science, and Transportation. Missouri’’ (RIN2120–AA66) received on De- gram Analyst, Federal Aviation Administra- EC–10231. A communication from the Pro- tion, Department of Transportation, trans- cember 6 , 2004; to the Committee on Com- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Bell Hel- EC–10242. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- icopter Textron Canada Model 222, 222B, entitled ‘‘Establishment of Class E Airspace 222U, and 230 Helicopters’’ (RIN2120–AA64) re- tion, Department of Transportation, trans- (Teller, Alaska)’’ (RIN2120–AA66) received on mitting, pursuant to law, the report of a rule ceived on December 6, 2004; to the Committee December 6, 2004; to the Committee on Com- on Commerce, Science, and Transportation. entitled ‘‘Modification of Class D Airspace merce, Science, and Transportation. and Modification of Class E Airspace; Grand EC–10222. A communication from the Pro- EC–10232. A communication from the Pro- Island, Nebraska’’ (RIN2120–AA66) received gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- on December 6, 2004; to the Committee on tion, Department of Transportation, trans- tion, Department of Transportation, trans- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class D Airspace; entitled ‘‘Establishment of Class E Airspace EC–10243. A communication from the Pro- and Modification of Class E Airspace (Salina, (Jonesville, Virginia)’’ (RIN2120–AA66) re- gram Analyst, Federal Aviation Administra- Kansas)’’ (RIN2120–AA66) received on Decem- ceived on December 6, 2004; to the Committee tion, Department of Transportation, trans- ber 6, 2004; to the Committee on Commerce, on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule Science, and Transportation. EC–10233. A communication from the Pro- entitled ‘‘Standard Instrument Approach EC–10223. A communication from the Pro- gram Analyst, Federal Aviation Administra- Procedures; Miscellaneous Amendments gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- (95)’’ (RIN2120–AA65) received on December 6, tion, Department of Transportation, transmitting, pursuant to law, the report of a rule 2004; to the Committee on Commerce, mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; Science, and Transportation. entitled ‘‘Airworthiness Directives: Pratt Burwell, Nebraska’’ (RIN2120–AA66) received EC–10244. A communication from the Pro- and Whitney Canada Models PW 123, 123B, on December 6, 2004; to the Committee on gram Analyst, Federal Aviation Administra- 123C, 123D, 123E, 123AF, 124B, 125B, 126A, Commerce, Science, and Transportation. tion, Department of Transportation, trans- PW127, 127E , 127F, and 127G Turboprop En- EC–10234. A communication from the Pro- mitting, pursuant to law, the report of a rule gines’’ (RIN2120–AA64) received on December gram Analyst, Federal Aviation Administra- entitled ‘‘Correction to Class E Airspace; 6, 2004; to the Committee on Commerce, tion, Department of Transportation, trans- Kalispell, Montana’’ (RIN2120–AA66) received Science, and Transportation. mitting, pursuant to law, the report of a rule on December 6, 2004; to the Committee on EC–10224. A communication from the Pro- entitled ‘‘Establishment of Class E Airspace; Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- California, California’’ (RIN2120–AA66) re- EC–10245. A communication from the Pro- tion, Department of Transportation, trans- ceived on December 6, 2004; to the Committee gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Boeing EC–10235. A communication from the Pro- mitting, pursuant to law, the report of a rule Model 737–100, 200, 200C, 300, 400, and 500 Se- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: ries Airplanes’’ (RIN2120–AA64) received on tion, Department of Transportation, trans- Przedsiebiorstwo Doswiadezalno- December 6, 2004; to the Committee on Com- mitting, pursuant to law, the report of a rule Produkcyjne Szybownictwa ‘‘PZL–Bielski’’ merce, Science, and Transportation. entitled ‘‘Establishment of Class E Airspace; Model SZD 50–3 ‘‘Puchacz’’ Sailplane’’ EC–10225. A communication from the Pro- Beaver, Alaska’’ (RIN2120–AA66) received on (RIN2120–AA64) received on December 6, 2004; gram Analyst, Federal Aviation Administra- December 6, 2004; to the Committee on Com- to the Committee on Commerce, Science, tion, Department of Transportation, trans- merce, Science, and Transportation. and Transportation.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12067 EC–10246. A communication from the Pro- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Correc- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Airbus tion Boeing Model 737–100, 200, 200C, 300, 400, mitting, pursuant to law, the report of a rule Model A300 B4–600, B4–600R, and F4–600R Se- and 500 Series Airplanes’’ ((RIN2120– entitled ‘‘Establishment of Restricted Area ries Airplanes; and Models A310 Series Air- AA64)(2004–0372)) received on December 6, 2503D; Camp Pendleton, California’’ planes; Equipped with Pratt and Whitney 2004; to the Committee on Commerce, (RIN2120–AA66) received on December 6, 2004; JT9D–7R4 or 4000 Series Engines’’ ((RIN2120– Science, and Transportation. to the Committee on Commerce, Science, AA64)(2004–0362)) received on December 6, EC–10265. A communication from the Pro- and Transportation. 2004; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- EC–10247. A communication from the Pro- Science, and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–10256. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Model 767 Series Airplanes’’ ((RIN2120– entitled ‘‘Establishment of Class E Airspace; mitting, pursuant to law, the report of a rule AA64)(2004–0371)) received on December 6, Alpine Airstrip, Nuiqsut, Alaska’’ (RIN2120– entitled ‘‘Airworthiness Directives: Rolls 2004; to the Committee on Commerce, AA66) received on December 6, 2004; to the Royce Corporation Models 250–C28, C–28B, Science, and Transportation. Committee on Commerce, Science, and and C–28 Turboshaft Engines’’ ((RIN2120– EC–10266. A communication from the Pro- Transportation. AA64)(2004–0363)) received on December 6, gram Analyst, Federal Aviation Administra- EC–10248. A communication from the Pro- 2004; to the Committee on Commerce, tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Science, and Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–10257. A communication from the Pro- entitled ‘‘Airworthiness Directives: Bom- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- bardier Model CL 600 2B19 Airplanes’’ entitled ‘‘Airworthiness Directives: Correc- tion, Department of Transportation, trans- ((RIN2120–AA64)(2004–0373)) received on De- tion Bombardier Model CL 600 2C10, and CL mitting, pursuant to law, the report of a rule cember 6, 2004; to the Committee on Com- 600 2D24 Series Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives: Fokker merce, Science, and Transportation. AA64(2004–0507)) received on December 6, Model F28 Mark 0070 and 0100 Airplanes’’ EC–10267. A communication from the Pro- 2004; to the Committee on Commerce, ((RIN2120–AA64)(2004–0364)) received on De- gram Analyst, Federal Aviation Administra- Science, and Transportation. cember 6, 2004; to the Committee on Com- tion, Department of Transportation, trans- EC–10249. A communication from the Pro- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–10258. A communication from the Pro- entitled ‘‘Airworthiness Directives: McDon- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- nell Douglas DC 9 82 and DC 9 83 Airplanes; mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- and Model MD88 Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives: Kelly mitting, pursuant to law, the report of a rule AA64)(2004–0374)) received on December 6, Aerospace Power Systems B–Series Combus- entitled ‘‘Airworthiness Directives: Airbus 2004; to the Committee on Commerce, tion Heaters Models B1500, B2030, B2500, Model A330, A340–200 and A340–300 Series Air- Science, and Transportation. B3040, B3500, B4050, and B4500’’ ((RIN2120– planes’’ ((RIN2120–AA64)(2004–0365)) received EC–10268. A communication from the Pro- AA64)(2004–0508)) received on December 6, on December 6, 2004; to the Committee on gram Analyst, Federal Aviation Administra- 2004; to the Committee on Commerce, Commerce, Science, and Transportation. tion, Department of Transportation, trans- Science, and Transportation. EC–10259. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–10250. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: BAE gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Systems Limited Model 4101 Airplanes’’ tion, Department of Transportation, transmitting, pursuant to law, the report of a rule ((RIN2120–AA64)(2004–0375)) received on De- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Airbus cember 6, 2004; to the Committee on Com- entitled ‘‘Airworthiness Directives: Empresa Model A319–11, 112, 113, and 114; A320–111, 211, merce, Science, and Transportation. Brasileria de Aeronautica SA Model EMB EC–10269. A communication from the Pro- 120Series Airplanes’’ ((RIN2120–AA64)(2004– 212, and 214; and A321–111, 112, and 211 Series gram Analyst, Federal Aviation Administra- 0357)) received on December 6, 2004; to the Airplanes’’ ((RIN2120–AA64)(2004–0366)) re- tion, Department of Transportation, trans- Committee on Commerce, Science, and ceived on December 6, 2004; to the Committee mitting, pursuant to law, the report of a rule Transportation. on Commerce, Science, and Transportation. EC–10251. A communication from the Pro- EC–10260. A communication from the Pro- entitled ‘‘Airworthiness Directives: BAE gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Limited Model BAE 146 Series Airplanes and tion, Department of Transportation, trans- tion, Department of Transportation, trans- Model AVRO 146 RJ Series Airplanes’’ mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(2004–0376)) received on De- entitled ‘‘Airworthiness Directives: Stemme entitled ‘‘Airworthiness Directives: Airbus cember 6, 2004; to the Committee on Com- Gmbh and Co. Models S10, S10–V, and S10–CT Model A320–111, 211, 212, and 231’’ ((RIN2120– merce, Science, and Transportation. Sailplanes’’ ((RIN2120–AA64)(2004–0358)) re- AA64)(2004–0367)) received on December 6, EC–10270. A communication from the Pro- ceived on December 6, 2004; to the Committee 2004; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. Science, and Transportation. tion, Department of Transportation, trans- EC–10252. A communication from the Pro- EC–10261. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: McDon- tion, Department of Transportation, trans- tion, Department of Transportation, trans- nell Douglas Model MD 11 and 11 F Air- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64)(2004–0377)) received entitled ‘‘Airworthiness Directives: Airbus entitled ‘‘Airworthiness Directives: Airbus on December 6, 2004; to the Committee on Model A300–B4–600, B4–600R, C4–605R Variant Model A310 Series Airplanes’’ ((RIN2120– Commerce, Science, and Transportation. F, and F4–600R, and A310 Series Airplanes’’ AA64)(2004–0368)) received on December 6, EC–10271. A communication from the Pro- ((RIN2120–AA64)(2004–0359)) received on De- 2004; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- cember 6, 2004; to the Committee on Com- Science, and Transportation. tion, Department of Transportation, trans- merce, Science, and Transportation. EC–10262. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–10253. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: BAE gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Systems Limited Model 4101 Airplanes’’ tion, Department of Transportation, transmitting, pursuant to law, the report of a rule ((RIN2120–AA64)(2004–0378)) received on De- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: McDon- cember 6, 2004; to the Committee on Com- entitled ‘‘Airworthiness Directives: Boeing nell Douglas Model DC 8 11, 8 12, 8 21, 8 31, 8 merce, Science, and Transportation. Model 747–100, 200B, 200C, 200F, 300, 400, 400D, 32, 8 33, 8 41, 8 42, 8 43, 8F 54 and 8F 55 Air- EC–10272. A communication from the Pro- 400F, and 747 SR Series Airplanes’’ ((RIN2120– planes’’ ((RIN2120–AA64)(2004–0369)) received gram Analyst, Federal Aviation Administra- AA64)(2004–0360)) received on December 6, on December 6, 2004; to the Committee on tion, Department of Transportation, trans- 2004; to the Committee on Commerce, Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule Science, and Transportation. EC–10263. A communication from the Pro- entitled ‘‘Airworthiness Directives: Israel EC–10254. A communication from the Pro- gram Analyst, Federal Aviation Administra- Aircraft Industries, Lrd Model 1121, 1121A, gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- 1121B, 1123, 1124, and 1124A Series Airplanes’’ tion, Department of Transportation, transmitting, pursuant to law, the report of a rule ((RIN2120–AA64)(2004–0379)) received on De- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Saab cember 6, 2004; to the Committee on Com- entitled ‘‘Airworthiness Directives: Bom- Model SAAB 2000 Series Airplanes’’ merce, Science, and Transportation. bardier Model DHC 8 102, 103, and 106 Air- ((RIN2120–AA64)(2004–0370)) received on De- EC–10273. A communication from the Pro- planes’’ ((RIN2120–AA64)(2004–0361)) received cember 6, 2004; to the Committee on Com- gram Analyst, Federal Aviation Administra- on December 6, 2004; to the Committee on merce, Science, and Transportation. tion, Department of Transportation, trans- Commerce, Science, and Transportation. EC–10264. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–10255. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Bom- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- bardier Model DHC8–400 Airplanes’’

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00131 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12068 CONGRESSIONAL RECORD — SENATE December 8, 2004

((RIN2120–AA64)(2004–0380)) received on De- tion, Department of Transportation, trans- S. 2672 cember 6, 2004; to the Committee on Com- mitting, pursuant to law, the report of a rule At the request of Mr. WYDEN, the merce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Boeing name of the Senator from Minnesota EC–10274. A communication from the Pro- Model 737–300, 400, and 500 Series Airplanes’’ (Mr. DAYTON) was added as a cosponsor gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(2004–0503)) received on De- of S. 2672, a bill to establish an Inde- tion, Department of Transportation, trans- cember 6, 2004; to the Committee on Com- mitting, pursuant to law, the report of a rule merce, Science, and Transportation. pendent National Security Classifica- entitled ‘‘Airworthiness Directives: The New EC–10283. A communication from the Pro- tion Board in the executive branch, and Piper Aircraft, Inc. Models PA 28–161, 181, gram Analyst, Federal Aviation Administra- for other purposes. PA–28R–301, –301T, PA–32–301FT, PA–32– tion, Department of Transportation, trans- S. 2889 301XTC, PA–34–22OT, PA–44–180, PA–46–350P, mitting, pursuant to law, the report of a rule At the request of Mr. ALEXANDER, the and PA–46–500TP Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives: names of the Senator from Texas (Mr. AA64)(2004–0381)) received on December 6, Raytheon Model MU 300–10, 400, 400A, and CORNYN), the Senator from Massachu- 2004; to the Committee on Commerce, 400T Series Airplanes; and Raytheon Model setts (Mr. KENNEDY) and the Senator Science, and Transportation. Beech MU 300 Airplanes’’ ((RIN2120– EC–10275. A communication from the Pro- AA64)(2004–0504)) received on December 6, from Indiana (Mr. LUGAR) were added gram Analyst, Federal Aviation Administra- 2004; to the Committee on Commerce, as cosponsors of S. 2889, a bill to re- tion, Department of Transportation, trans- Science, and Transportation. quire the Secretary of the Treasury to mitting, pursuant to law, the report of a rule EC–10284. A message from the President of mint coins celebrating the recovery entitled ‘‘Airworthiness Directives: Cessna the United States, transmitting, pursuant to and restoration of the American bald Aircraft Company Model 525 Airplanes’’ law, a report relative to the Federal Pay- eagle, the National symbol of the ((RIN2120–AA64)(2004–0382)) received on De- ment for Emergency Planning and Security United States, to America’s lands, wa- cember 6, 2004; to the Committee on Com- Costs in the District of Columbia; to the terways, and skies and the great im- merce, Science, and Transportation. Committee on Appropriations. EC–10276. A communication from the Pro- portance of the designation of the f gram Analyst, Federal Aviation Administra- American bald eagle as an endangered tion, Department of Transportation, trans- INTRODUCTION OF BILLS AND species under the Endangered Species mitting, pursuant to law, the report of a rule JOINT RESOLUTIONS Act of 1973, and for other purposes. entitled ‘‘Airworthiness Directives: Inter- S. 2900 The following bills and joint resolu- national Aero Engines AGV2500–AL, V2522– At the request of Mrs. MURRAY, her tions were introduced, read the first AL, V2524–A5, V2525–D5, V2527–A5, V2527M– name was added as a cosponsor of S. A5, V2528–D5, V2530–A5, and V2533–A5 Tur- and second times by unanimous con- 2900, a bill to authorize the President bofan Engines’’ ((RIN2120–AA64)(2004–0383)) sent, and referred as indicated: received on December 6, 2004; to the Com- to posthumously award a gold medal By Mr. GRAHAM of South Carolina: mittee on Commerce, Science, and Transpor- on behalf of Congress to Elizabeth S. 3033. A bill for the relief of Ricardo F. Wanamaker Peratrovich and Roy tation. Pedrotti; to the Committee on the Judiciary. EC–10277. A communication from the Pro- By Mr. PRYOR: Peratrovich in recognition of their out- gram Analyst, Federal Aviation Administra- S. 3034. A bill for the relief of Susan standing and enduring contributions to tion, Department of Transportation, trans- Overton Huey; considered and passed. civil rights and dignity of the Native mitting, pursuant to law, the report of a rule By Mr. LAUTENBERG (for himself and peoples of Alaska and the Nation. entitled ‘‘Airworthiness Directives: Empresa Mr. CORZINE): S. 2994 Brasileira de Aeronautica SA Model EMB 135 S. 3035. A bill to amend the Oil Pollution and 145 Series Airplanes’’ ((RIN2120– At the request of Ms. SNOWE, the Act of 1990 to prevent oil spills and increase names of the Senator from North Da- AA64)(2004–0498)) received on December 6, liability limits, and for other purposes; to 2004; to the Committee on Commerce, the Committee on Environment and Public kota (Mr. CONRAD), the Senator from Science, and Transportation. Works. Vermont (Mr. JEFFORDS) and the Sen- EC–10278. A communication from the Pro- ator from Arkansas (Mrs. LINCOLN) f gram Analyst, Federal Aviation Administra- were added as cosponsors of S. 2994, a tion, Department of Transportation, trans- SUBMISSION OF CONCURRENT AND bill to provide that funds received as mitting, pursuant to law, the report of a rule SENATE RESOLUTIONS entitled ‘‘Airworthiness Directives: MD Heli- universal service contributions under copters Inc Model 600N Helicopters’’ The following concurrent resolutions section 254 of the Communications Act ((RIN2120–AA64)(2004–0500)) received on De- and Senate resolutions were read, and of 1934 and the universal service sup- cember 6, 2004; to the Committee on Com- referred (or acted upon), as indicated: port programs established pursuant merce, Science, and Transportation. By Mr. SMITH (for himself, Mr. BIDEN, thereto are not subject to certain pro- EC–10279. A communication from the Pro- Ms. STABENOW , and Mr. CORZINE): visions of title 31, United States Code, gram Analyst, Federal Aviation Administra- S. Res. 485. A resolution expressing the tion, Department of Transportation, trans- commonly known as the Anti-defi- sense of the Senate regarding the November mitting, pursuant to law, the report of a rule ciency Act, for a period of time. 21, 2004, Presidential runoff election in entitled ‘‘Airworthiness Directives: Boeing S. 3026 Ukraine; to the Committee on Foreign Rela- Model 747–400, 400D, and 400F Series Air- At the request of Mr. TALENT, his tions. planes; Equipped with General Electric or By Mr. FRIST (for himself, Mr. name was added as a cosponsor of S. Pratt and Whitney Series Engines’’ DASCHLE, Mr. BURNS, and Mr. LEAHY): 3026, a bill to support the Boy Scouts of ((RIN2120–AA64)(2004–0499)) received on De- S. Res. 486. A resolution relative to the America and the Girl Scouts of the cember 6, 2004; to the Committee on Com- death of J. Stanley Kimmitt, Former Sec- United States of America. merce, Science, and Transportation. retary of the Senate; considered and agreed EC–10280. A communication from the Pro- S. CON. RES. 152 to. gram Analyst, Federal Aviation Administra- At the request of Mr. ENZI, his name By Mr. SMITH (for himself, Mr. BIDEN, tion, Department of Transportation, trans- was added as a cosponsor of S. Con. Mr. LUGAR, Ms. STABENOW, Mr. mitting, pursuant to law, the report of a rule MCCAIN, and Mr. CORZINE): Res. 152, a concurrent resolution ex- entitled ‘‘Airworthiness Directives: Bom- S. Res. 487. A resolution expressing the pressing the sense of the Congress that bardier Model CL 600 and 2B19 Airplanes’’ sense of the Senate regarding the November the Department of Defense should con- ((RIN2120–AA64)(2004–0501)) received on De- 21, 2004, Presidential runoff election in tinue to exercise its statutory author- cember 6, 2004; to the Committee on Com- Ukraine; considered and agreed to. merce, Science, and Transportation. ity to support the activities of the Boy EC–10281. A communication from the Pro- f Scouts of America, in particular the gram Analyst, Federal Aviation Administra- ADDITIONAL COSPONSORS periodic national and world Boy Scout tion, Department of Transportation, trans- Jamborees. mitting, pursuant to law, the report of a rule S. 585 At the request of Mr. SESSIONS, his entitled ‘‘Airworthiness Directives: Various At the request of Mr. NELSON of Flor- name was added as a cosponsor of S. Transport Category Airplanes on Which ida, the name of the Senator from Con. Res. 152, supra. Cargo Restraint Strap Assemblies Have Been Maryland (Ms. MIKULSKI) was added as f Installed per Supplemental Type Certifi- a cosponsor of S. 585, a bill to amend cate’’ ((RIN2120–AA64)(2004–0502)) received on title 10, United States Code, to repeal STATEMENTS ON INTRODUCED December 6, 2004; to the Committee on Com- BILLS AND JOINT RESOLUTIONS merce, Science, and Transportation. the requirement for reduction of SBP EC–10282. A communication from the Pro- survivor annuities by dependency and By Mr. LAUTENBERG (for him- gram Analyst, Federal Aviation Administra- indemnity compensation. self and Mr. CORZINE):

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12069 S. 3035. A bill to amend the Oil Pollu- that the industry will continue to use S. 3035 tion Act of 1990 to prevent oil spills and them until the last minute, putting Be it enacted by the Senate and House of Rep- increase liability limits, and for other private profit over the public good. resentatives of the United States of America in purposes; to the Committee on Envi- That is the bad news. Congress assembled, ronment and Public Works. As of last year, 14 years after the SECTION 1. SHORT TITLE. Mr. LAUTENBERG. Mr. President, I This Act may be cited as the ‘‘Oil Spill most catastrophic oil spill in our Na- Prevention and Liability Act of 2004’’. rise to introduce the Oil Spill Preven- tion’s history, there were still more SEC. 2. DEFINITION OF RESPONSIBLE PARTY. tion and Liability Act of 2004. This bill single-hull tankers operating out of Section 1001(32) of the Oil Pollution Act of encourages the oil industry to speed up Valdez, AK, than double-hull tankers. 1990 (33 U.S.C. 2701(32)) is amended by strik- the shift to double-hull tankers by Apparently, the lessons of the Exxon ing subparagraph (A) and inserting the fol- phasing out liability caps on oil spills Valdez have been lost on the oil indus- lowing: involving single-hull tankers. My bill try. And now we are paying the price ‘‘(A) VESSELS.— also updates the liability caps—which on the Delaware River. ‘‘(i) IN GENERAL.—In the case of a vessel haven’t changed since 1990—for all other than a single-hull tank vessel, any per- When we passed the 1990 act, we gave son that owns, operates, or demise charters other oil-carrying vessels and facili- the oil industry plenty of time to phase the vessel. ties. out single-hull tankers in an orderly ‘‘(ii) SINGLE-HULL TANK VESSELS.—In the I am introducing this bill because on fashion. But the industry hasn’t acted case of a single-hull tank vessel, any person November 26, the Athos I, a foreign- in good faith. The fact is, the only way that— owned, single-hull tanker, leaked up to we are going to get the industry to stop ‘‘(I) owns, operates, or demise charters the 473,000 gallons of Venezuelan crude oil relying on single-hull vessels is to lift vessel; or ‘‘(II) by contract or agreement, through an into the Delaware River near Philadel- the liability caps on their use. phia. It is the Delaware River’s worst agent, or otherwise, arranges for the ship- That is why my bill phases out the li- ment in a single-hull tank vessel of oil oil spill in a decade. The effects of this ability cap for single-hull vessels by owned or possessed by the person or any spill are clearly devastating. 2010, the same year the Coast Guard other person.’’. Eighty-five miles of shoreline have predicts that the Federal Oil Spill SEC. 3. LIMITS ON LIABILITY. been contaminated. Scores of Trust Fund will run out of money. The (a) INCREASE IN LIABILITY LIMITS.—Section shorebirds have been killed and hunt- Trust Fund has been used to clean up 1004(a) of the Oil Pollution Act of 1990 (33 ing and fishing areas have been closed. over 7,500 oil spills in nearly every U.S.C. 2704(a)) is amended— The spill is approaching inlets used as (1) in paragraph (1)— State of the Nation. (A) by striking ‘‘for a tank vessel, the sources for drinking water. Two nu- Right now, the liability for the owner clear reactors have been shut down be- greater of—’’ and inserting ‘‘for a double-hull of the Athos I is capped at $45 million. tank vessel, after December 31, 2004, the cause contaminated water could dam- That may seem like a lot, but the greater of—’’; age cooling systems. full costs of this spill may continue to (B) in subparagraph (A), by striking The effect on our economy is im- accrue for years to come. ‘‘$1,200’’ and inserting ‘‘$2,400’’; and mense. The Philadelphia/Delaware Why should we cap liability for com- (C) in subparagraph (B)— (i) in clause (i), by striking ‘‘$10,000,000’’ River ports have more calls by general panies that insist on using old, unsafe cargo vessels than any other port sys- and inserting ‘‘$20,000,000’’; and single-hull vessels when they are sup- (ii) in clause (ii), by striking ‘‘$2,000,000’’ tem in the country. Now, restrictions posed to be upgrading their fleets to have been placed on all ships entering and inserting ‘‘$4,000,000’’; newer, safer double-hull vessels? (2) by redesignating paragraphs (2) through the port, and ships leaving the port The bill I am introducing today has (4) as paragraphs (3) through (5), respec- have to be decontaminated first. several other features to help protect tively; The clean-up effort, headed by the our ports and waterways from oil (3) by inserting after paragraph (1) the fol- U.S. Coast Guard, is remarkable. spills: lowing: I want to thank the men and women ‘‘(2) for a single-hull tank vessel— who are involved. More than 1,600 peo- It requires more frequent inspections ‘‘(A) during the period beginning January ple and 145 vessels are working on this of older single-hull tankers. Other 1, 2005, and ending December 31, 2005, the response effort. But we are told that it countries do this; why shouldn’t we? greater of— will take months to complete. Are we getting their rejects? ‘‘(i) $2,400 per gross ton; or The bill would double liability caps ‘‘(ii)(I) in the case of a vessel of greater And because of the type of oil spilled than 3,000 gross tons, $20,000,000; or by the ship—raw crude oil—the ecologi- set in the 1990 act for other oil-carrying vessels and facilities. This provi- ‘‘(II) in the case of a vessel of 3,000 gross cal impacts of this spill could last for tons or less, $4,000,000; decades. sion is extremely important since, as I ‘‘(B) during the period beginning January What is so infuriating is that this mentioned, the Federal Oil Spill Trust 1, 2006, and ending December 31, 2006, the spill didn’t have to happen. So why did Fund will run out of money by 2010. greater of— it happen? Because the oil industry is Also, since many ports simply can’t ‘‘(i) $3,600 per gross ton; or dragging its feet when it comes to handle an interruption of commerce ‘‘(ii)(I) in the case of a vessel of greater that could be caused by a major oil than 3,000 gross tons, $30,000,000; or shifting from single-hull vessels to ‘‘(II) in the case of a vessel of 3,000 gross double-hull vessels—that is why. spill, the bill would require the Coast Guard to establish procedures for de- tons or less, $6,000,000; They are supposed to be doing that ‘‘(C) during the period beginning January under the Oil Pollution Act of 1990, a termining what types of vessels and 1, 2007, and ending December 31, 2007, the bill I co-sponsored. I also served on the cargo are just too risky for certain greater of— conference committee on the bill. ports to handle. ‘‘(i) $4,800 per gross ton; or The 1990 act was our response to the I am pleased that Senator CORZINE ‘‘(ii)(I) in the case of a vessel of greater infamous Exxon Valdez oil spill in 1989, has joined me as a cosponsor of this than 3,000 gross tons, $40,000,000; or which devastated the pristine Prince bill. ‘‘(II) in the case of a vessel of 3,000 gross I urge my other colleagues to support tons or less, $8,000,000; William Sound of Alaska with more ‘‘(D) during the period beginning January than 11 million gallons of oil. this bill, too. Single-hull oil tankers 1, 2008, and ending December 31, 2008, the We all remember the enormous cost pose a titanic risk to our oceans, greater of— of that spill to the community, the en- coasts, rivers, lakes, and ports; it is ‘‘(i) $6,000 per gross ton; or vironment, and the economy—costs time we got back on the right course ‘‘(ii)(I) in the case of a vessel of greater which continue to this day. when it comes to fighting and cleaning than 3,000 gross tons, $50,000,000; or The 1990 act improved our ability to up oil spills. ‘‘(II) in the case of a vessel of 3,000 gross prevent and respond to oil spills. I ask unanimous consent that the tons or less, $10,000,000; Since that act was passed, we have text of the bill be printed in the ‘‘(E) during the period beginning January 1, 2009, and ending December 31, 2009, the not built any single-hull tankers in the RECORD following my statement. greater of— United States. That is the good news. There being no objection, the bill was ‘‘(i) $7,200 per gross ton; or But the oil industry is still using old, ordered to be printed in the RECORD, as ‘‘(ii)(I) in the case of a vessel of greater single-hull vessels, and it is evident follows: than 3,000 gross tons, $60,000,000; or

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00133 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12070 CONGRESSIONAL RECORD — SENATE December 8, 2004 ‘‘(II) in the case of a vessel of 3,000 gross SEC. 6. EFFECTIVE DATE. Whereas on November 27, 2004, the Par- tons or less, $12,000,000; and This Act and the amendments made by liament of Ukraine passed a resolution de- ‘‘(F) after December 31, 2009, the maximum this Act take effect on January 1, 2005. claring that there were violations of law during the runoff election but on November 30, amount permitted under the Constitution;’’; f (4) in paragraph (3) (as redesignated by 2004, with support from progovernment and paragraph (2))— SUBMITTED RESOLUTIONS communist parties, canceled the resolution; (A) by striking ‘‘$600’’ and inserting Whereas 15 eastern and southern regions in ‘‘$1,200’’; and Ukraine that supported the candidacy of Mr. (B) by striking ‘‘$500,000’’ and inserting SENATE RESOLUTION 485—EX- Yanukovych threatened to split off from the ‘‘$1,000,000’’; PRESSING THE SENSE OF THE country if an illegitimate president were to come to power; (5) in paragraph (4) (as redesignated by SENATE REGARDING THE NO- paragraph (2)), by striking ‘‘$75,000,000’’ and Whereas on December 1, 2004, the Par- inserting ‘‘$150,000,000’’; and VEMBER 21, 2004, PRESIDENTIAL liament of Ukraine passed a no confidence (6) in paragraph (5) (as redesignated by RUNOFF ELECTION IN UKRAINE motion in the cabinet of Prime Minister Yanukovych as approximately 100,000 sup- paragraph (2)), by striking ‘‘$350,000,000’’ and Mr. SMITH (for himself, Mr. BIDEN, porters of Mr. Yushchenko demonstrated in inserting ‘‘$700,000,000’’. Ms. STABENOW, and Mr. CORZINE) sub- (b) ADJUSTMENT OF LIABILITY LIMITS.—Sec- front of the parliament building; tion 1004(d) of the Oil Pollution Act of 1990 mitted the following resolution; which Whereas Mr. Yanukovych and Mr. (33 U.S.C. 2704(d)) is amended— was referred to the Committee on For- Yushchenko, along with European mediators (1) by striking paragraphs (1) and (2) and eign Relations: and current Ukraine President Leonid inserting the following: S. RES. 485 Kuchma, began discussions on December 1, 2004, to attempt to work out a resolution to ‘‘(1) DEEPWATER PORTS AND ASSOCIATED Whereas on November 21, 2004, Ukraine the standoff; VESSELS.—The Secretary may establish a held a presidential runoff election between Whereas on December 3, 2004, the Ukrain- limit of liability of less than $700,000,000, but former Prime Minister and opposition can- ian Supreme Court ruled that the November not less than $100,000,000, for the transpor- didate Victor Yushchenko and current Prime 21, 2004, runoff election was invalid and or- tation of oil by vessel to deepwater ports (as Minister Victor Yanukovych; defined in section 3 of the Deepwater Port dered a new vote on December 26, 2004; Whereas the Ukrainian Central Election Whereas on December 8, 2004, the Par- Act of 1974 (33 U.S.C. 1502).’’; and Commission reported that Mr. Yanukovych (2) by redesignating paragraphs (3) and (4) liament of Ukraine passed electoral changes won 49.42 percent of the vote and Mr. to reform the Central Election Commission as paragraphs (2) and (3), respectively. Yushchenko won 46.7 percent of the vote in (c) ADJUSTMENT FOR INFLATION.—Para- and close loopholes for fraud, as well as con- the runoff election, despite the fact that sev- graph (2) of section 1004(d) of the Oil Pollu- stitutional changes to reduce the power of eral exit polls indicated that Mr. tion Act of 1990 (33 U.S.C. 2704(d)) (as redesig- the President of Ukraine; and Yushchenko secured significantly more votes nated by subsection (b)(2)) is amended— Whereas the manner in which this crisis is than Mr. Yanukovych; (1) by striking ‘‘The President’’ and insert- resolved will have significant implications Whereas the International Election Obser- ing ‘‘The Secretary of the department in for the perceptions of the democratic institu- vation Mission from the Organization for Se- which the Coast Guard is located, in con- tions of Ukraine by the international com- curity and Cooperation in Europe (OSCE) de- sultation with the Administrator of the En- munity: Now, therefore, be it termined that the runoff election did not vironmental Protection Agency and the Sec- Resolved, That the Senate— meet international standards for democratic retary of the Interior,’’; and (1) condemns the widespread fraud in the elections, and specifically declared that (2) by striking ‘‘significant’’. November 21, 2004, runoff presidential elec- state resources were abused to support the tion in Ukraine; SEC. 4. CARRIAGE OF LIQUID BULK DANGEROUS candidacy of Prime Minister Yanukovych; CARGOES. (2) objects to the separatist initiatives in Whereas the Committee of Voters of (a) CONDITIONS FOR ENTRY TO PORTS IN THE Ukraine that are being used by one side to Ukraine, a nongovernmental electoral orga- UNITED STATES.—Section 9 of the Ports and influence the outcome of the election dis- Waterways Safety Act (33 U.S.C. 1228) is nization in Ukraine, reported on illegal vot- pute; and amended by adding at the end the following: ing by absentee ballot, multiple voting, as- (3) supports a peaceful political and legal ‘‘(c) RISK OF SEVERE HARM.—Not later than saults on electoral observers and journalists, settlement in Ukraine that is based on the January 1, 2006, the Secretary of the depart- the use of counterfeit ballots, and even kid- principles of democracy and reflects the will ment in which the Coast Guard is located naping; of the people of Ukraine. shall promulgate regulations under which Whereas such reports of fraud were also the owner or operator of a port on the navi- echoed by Senator Richard Lugar of Indiana, SENATE RESOLUTION 486—REL- gable waters of the United States may, after Chairman of the Committee on Foreign Re- ATIVE TO THE DEATH OF J. lations of the Senate, an observer to the run- December 31, 2009, request the Secretary of STANLEY KIMMITT, FORMER the department in which the Coast Guard is off election designated by President George located to place restrictions on the entry W. Bush; SECRETARY OF THE SENATE into port of the shipment of an individual Whereas since November 22, 2004, tens of Mr. FRIST (for himself, Mr. DASCHLE, tank vessel, or class of tank vessels, that thousands of people have engaged in peaceful Mr. BURNS, and Mr. LEAHY) submitted presents a risk of severe harm to the envi- demonstrations in Kiev, Ukraine, to protest the following resolution; which was ronment, economy, or public safety of the the declaration by the Central Election Com- considered and agreed to: port or port region.’’. mission of Mr. Yanukovych as the winner of (b) INSPECTION AND EXAMINATION.—Section the runoff election; S. RES. 486 3714(a) of title 46, United States Code, is Whereas antigovernment protests in sup- Whereas Stan Kimmitt served with distinc- amended by adding at the end the following: port of opposition candidate Mr. Yushchenko tion in the United States Army for 25 years, ‘‘(6) In addition to the inspections required took place in cities throughout Ukraine, and served in combat during World War 11 in Eu- under paragraphs (1) and (2), each single-hull several city councils adopted resolutions rope and later in Korea, received the Silver tank vessel that is more than 15 years of age that declared Mr. Yushchenko as the legally Star, the Legion of Merit, and the Bronze shall undergo an annual inspection in ac- elected president; Star for Valor with Three Oak Leaf Clusters, cordance with the Condition Assessment Whereas on November 23, 2004, opposition and retired with the rank of Colonel; Scheme of the Marine Environment Protec- candidate Mr. Yushchenko declared victory Whereas Stan Kimmitt began his service to tion Committee of the International Mari- in the runoff election and took a symbolic the United States Senate in 1965 as adminis- time Organization, adopted by Resolution oath of office; trative assistant to Majority Leader Mike 94(46) on April 27, 2001, as determined in ac- Whereas the United States has called for a Mansfield; Whereas Stan Kimmitt served as Secretary cordance with regulations promulgated by complete and immediate investigation into for the Majority of the Senate from 1966 the Secretary.’’. the conduct of the runoff election to examine until 1977: fully the reports of fraud and corruption; SEC. 5. STUDY. Whereas Stan Kimmitt served as Secretary (a) ADMINISTRATION.—The Commandant of Whereas the European Union has also stat- of the Senate from 1977 until 1981; the Coast Guard shall offer to enter into a ed that authorities in Ukraine must redress Whereas after a distinguished career in the contract with the National Academy of election irregularities and that the reported United States Army, Stan Kimmitt served as Sciences to conduct a study to assess the results do not reflect the will of the people of an employee of the Senate of the United total economic cost of oil spills, and the Ukraine; States and ably and faithfully upheld the types of costs resulting from oil spills, in the Whereas the Ukrainian Supreme Court high standards and traditions of the staff of United States. blocked the publication of the official runoff the Senate from 1965 until 1981; (b) REPORT.—Not later than 1 year after election results stating that Mr. Whereas Stan Kimmitt faithfully dis- the date of enactment of this Act, the Com- Yanukovych was the winner, thus preventing charged the difficult duties and responsibil- mandant of the Coast Guard shall submit to his inauguration as President of Ukraine ities of a wide variety of important and de- Congress a report describing the results of until the court examined the reports of voter manding positions in public life with hon- the study. fraud; esty, integrity, loyalty and humility; and

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12071 Whereas Stan Kimmitt’s clear under- election results stating that Mr. SEC. 102. PROHIBITION ON FAX TRANSMISSIONS standing and appreciation of the challenges Yanukovych was the winner, thus preventing CONTAINING UNSOLICITED ADVER- facing the Nation has left his mark on those his inauguration as President of Ukraine TISEMENTS. many areas of public life: Now, therefore, be until the court examined the reports of voter (a) PROHIBITION.—Section 227(b)(1)(C) of the it fraud; Communications Act of 1934 (47 U.S.C. Resolved, That the Senate has heard with Whereas on November 27, 2004, the Par- 227(b)(1)(C)) is amended to read as follows: profound sorrow and deep regret the an- liament of Ukraine passed a resolution de- ‘‘(C) to use any telephone facsimile ma- nouncement of the death of Stan Kimmitt. claring that there were violations of law dur- chine, computer, or other device to send, to Resolved, That the Secretary of the Senate ing the runoff election but on November 30, a telephone facsimile machine, an unsolic- communicate these resolutions to the House 2004, with support from progovernment and ited advertisement, unless— of Representatives and transmit an enrolled communist parties, canceled the resolution; ‘‘(i) the unsolicited advertisement is from copy thereof to the family of the deceased. Whereas 15 eastern and southern regions in a sender with an established business rela- Resolved, That when the Senate adjourns Ukraine that supported the candidacy of Mr. tionship with the recipient; today, it stand adjourned as a further mark Yanukovych threatened to split off from the ‘‘(ii) in the case of an unsolicited adver- of respect to the memory of Stan Kimmitt. country if an illegitimate president were to tisement sent based on the established busi- come to power; ness relationship to a residential telephone SENATE RESOLUTION 487—EX- Whereas on December 1, 2004, the Par- facsimile machine, or, after the date of en- PRESSING THE SENSE OF THE liament of Ukraine passed a no confidence actment of the Junk Fax Prevention Act of SENATE REGARDING THE NO- motion in the cabinet of Prime Minister 2004, in the case of an unsolicited advertise- VEMBER 21, 2004, PRESIDENTIAL Yanukovych as approximately 100,000 sup- ment sent based on the established business RUNOFF ELECTION IN UKRAINE porters of Mr. Yushchenko demonstrated in relationship to a business telephone fac- front of the parliament building; simile machine, such number was obtained Mr. SMITH (for himself, Mr. BIDEN, Whereas Mr. Yanukovych and Mr. by the sender through— Mr. LUGAR, Ms. STABENOW, Mr. MCCAIN, Yushchenko, along with European mediators ‘‘(I) the voluntary communication of such and Mr. CORZINE) submitted the fol- and current Ukraine President Leonid number, within the context of such estab- lowing resolution; which was consid- Kuchma, began discussions on December 1, lished business relationship, from the recipi- ered and agreed to: 2004, to attempt to work out a resolution to ent of the unsolicited advertisement, or the standoff; ‘‘(II) a directory, advertisement, or site on S. RES. 487 Whereas on December 3, 2004, the Ukrain- the World Wide Web to which the recipient Whereas on November 21, 2004, Ukraine ian Supreme Court ruled that the November voluntarily agreed to make available its fac- held a presidential runoff election between 21, 2004, runoff election was invalid and or- simile number for public distribution; and former Prime Minister and opposition can- dered a new vote on December 26, 2004; ‘‘(iii) the unsolicited advertisement con- didate Victor Yushchenko and current Prime Whereas on December 8, 2004, the Par- tains a notice meeting the requirements Minister Victor Yanukovych; liament of Ukraine passed electoral changes under paragraph (2)(D), except that the ex- Whereas the Ukrainian Central Election to reform the Central Election Commission ception under clauses (i) and (ii) shall not Commission reported that Mr. Yanukovych and close loopholes for fraud, as well as con- apply with respect to an unsolicited adver- won 49.42 percent of the vote and Mr. stitutional changes to reduce the power of tisement sent to a telephone facsimile ma- Yushchenko won 46.7 percent of the vote in the President of Ukraine; and chine by a sender to whom a request has the runoff election, despite the fact that sev- Whereas the manner in which this crisis is been made not to send future unsolicited ad- eral exit polls indicated that Mr. resolved will have significant implications vertisements to such telephone facsimile Yushchenko secured significantly more votes for the perceptions of the democratic institu- machine that complies with the require- than Mr. Yanukovych; tions of Ukraine by the international comments under paragraph (2)(E); or’’. Whereas the International Election Obser- munity: Now, therefore, be it (b) DEFINITION OF ESTABLISHED BUSINESS vation Mission from the Organization for Se- Resolved, That the Senate— RELATIONSHIP.—Section 227(a) of the Commu- curity and Cooperation in Europe (OSCE) de- (1) condemns the widespread fraud in the nications Act of 1934 (47 U.S.C. 227(a)) is termined that the runoff election did not November 21, 2004, runoff presidential elec- amended— meet international standards for democratic tion in Ukraine; and (1) by redesignating paragraphs (2) through elections, and specifically declared that (2) supports a peaceful political and legal (4) as paragraphs (3) through (5), respec- state resources were abused to support the settlement in Ukraine that is based on the tively; and candidacy of Prime Minister Yanukovych; principles of democracy and reflects the will (2) by inserting after paragraph (1) the fol- Whereas the Committee of Voters of of the people of Ukraine. lowing: Ukraine, a nongovernmental electoral orga- f ‘‘(2) The term ‘established business rela- nization in Ukraine, reported on illegal vot- tionship’, for purposes only of subsection ing by absentee ballot, multiple voting, as- AMENDMENTS SUBMITTED AND (b)(1)(C)(i), shall have the meaning given the saults on electoral observers and journalists PROPOSED term in section 64.1200 of title 47, Code of and the use of counterfeit ballots; SA 4086. Mr. FRIST (for Mr. MCCAIN (for Federal Regulations, as in effect on January Whereas such reports of fraud were also himself and Mr. CORNYN)) proposed an 1, 2003, except that— echoed by Senator Richard Lugar of Indiana, amendment to the bill S. 2603, to amend sec- ‘‘(A) such term shall include a relationship Chairman of the Committee on Foreign Re- tion 227 of the Communications Act of 1934 between a person or entity and a business lations of the Senate, an observer to the run- (47 U.S.C. 227) relating to the prohibition on subscriber subject to the same terms appli- off election designated by President George junk fax transmissions. cable under such section to a relationship be- W. Bush; SA 4087. Mr. FRIST (for Mr. BINGAMAN (for tween a person or entity and a residential Whereas since November 22, 2004, tens of himself and Mr. FEINGOLD)) proposed an subscriber; and thousands of people have engaged in peaceful amendment to the resolution S. Res. 387, ‘‘(B) an established business relationship demonstrations in Kiev, Ukraine, to protest commemorating the 40th Anniversary of the shall be subject to any time limitation es- the declaration by the Central Election Com- Wilderness Act. tablished pursuant to paragraph (2)(G))’’. mission of Mr. Yanukovych as the winner of SA 4088. Mr. FRIST (for Mr. ROBERTS) pro- (c) REQUIRED NOTICE OF OPT-OUT OPPOR- the runoff election; posed an amendment to the bill H.R. 2121, to TUNITY.—Section 227(b)(2) of the Communica- Whereas antigovernment protests in sup- amend the Eisenhower Exchange Fellowship tions Act of 1934 (47 U.S.C. 227(b)(2)) is port of opposition candidate Mr. Yushchenko Act of 1990 to authorize additional appropria- amended— took place in cities throughout Ukraine, and tions for the Eisenhower Exchange Fellow- (1) in subparagraph (B), by striking ‘‘and’’ several city councils adopted resolutions ship Program Trust Fund, and for other pur- at the end; that declared Mr. Yushchenko as the legally poses. (2) in subparagraph (C), by striking the pe- elected president; f riod at the end and inserting a semicolon; Whereas on November 23, 2004, opposition and candidate Mr. Yushchenko declared victory TEXT OF AMENDMENTS (3) by adding at the end the following: in the runoff election; SA 4086. Mr. FRIST (for Mr. MCCAIN ‘‘(D) shall provide that a notice contained Whereas the United States has called for a (for himself and Mr. CORNYN)) proposed in an unsolicited advertisement complies complete and immediate investigation into an amendment to the bill S. 2603, to with the requirements under this subpara- the conduct of the runoff election to examine amend section 227 of the Communica- graph only if— fully the reports of fraud and corruption; tions Act of 1934 (47 U.S.C. 227) relating ‘‘(i) the notice is clear and conspicuous and Whereas the European Union has also stat- on the first page of the unsolicited advertise- ed that authorities in Ukraine must redress to the prohibition on junk fax trans- ment; election irregularities and that the reported missions; as follows: ‘‘(ii) the notice states that the recipient results do not reflect the will of the people of TITLE I—JUNK FAXES may make a request to the sender of the un- Ukraine; SEC. 101. SHORT TITLE. solicited advertisement not to send any fu- Whereas the Ukrainian Supreme Court This title may be cited as the ‘‘Junk Fax ture unsolicited advertisements to a tele- blocked the publication of the official runoff Prevention Act of 2004’’. phone facsimile machine or machines and

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12072 CONGRESSIONAL RECORD — SENATE December 8, 2004 that failure to comply, within the shortest ‘‘(G)(i) may, consistent with clause (ii), ‘‘(4) for each notice referred to in para- reasonable time, as determined by the Com- limit the duration of the existence of an es- graph (3)— mission, with such a request meeting the re- tablished business relationship to a period ‘‘(A) the amount of the proposed forfeiture quirements under subparagraph (E) is unlaw- after the last occurrence of an action suffi- penalty involved; ful; cient to establish such a relationship, but ‘‘(B) the person to whom the notice was ‘‘(iii) the notice sets forth the require- only if— issued; ments for a request under subparagraph (E); ‘‘(I) the Commission determines that the ‘‘(C) the length of time between the date ‘‘(iv) the notice includes— existence of the exception under paragraph on which the complaint was filed and the ‘‘(I) a domestic contact telephone and fac- (1)(C) relating to an established business re- date on which the notice was issued; and simile machine number for the recipient to lationship has resulted in a significant num- ‘‘(D) the status of the proceeding; transmit such a request to the sender; and ber of complaints to the Commission regard- ‘‘(5) the number of final orders imposing ‘‘(II) a cost-free mechanism for a recipient ing the sending of unsolicited advertise- forfeiture penalties issued pursuant to sec- to transmit a request pursuant to such no- ments to telephone facsimile machines; tion 503 during the year to enforce any law, tice to the sender of the unsolicited adver- ‘‘(II) upon review of such complaints re- regulation, or policy relating to sending of tisement; the Commission shall by rule referred to in subclause (I), the Commission unsolicited advertisements to telephone fac- quire the sender to provide such a mecha- has reason to believe that a significant num- simile machines; nism and may, in the discretion of the Com- ber of such complaints involve unsolicited ‘‘(6) for each forfeiture order referred to in mission and subject to such conditions as the advertisements that were sent on the basis paragraph (5)— Commission may prescribe, exempt certain of an established business relationship that ‘‘(A) the amount of the penalty imposed by classes of small business senders, but only if was longer in duration than the Commission the order; the Commission determines that the costs to believes is consistent with the reasonable ex- ‘‘(B) the person to whom the order was such class are unduly burdensome given the pectations of consumers; issued; revenues generated by such small businesses; ‘‘(III) the Commission determines that the ‘‘(C) whether the forfeiture penalty has ‘‘(v) the telephone and facsimile machine costs to senders of demonstrating the exist- been paid; and numbers and the cost-free mechanism set ence of an established business relationship ‘‘(D) the amount paid; forth pursuant to clause (iv) permit an indi- within a specified period of time do not out- ‘‘(7) for each case in which a person has vidual or business to make such a request weigh the benefits to recipients of estab- failed to pay a forfeiture penalty imposed by during regular business hours; and lishing a limitation on such established busi- such a final order, whether the Commission ‘‘(vi) the notice complies with the require- ness relationship; and referred such matter for recovery of the pen- ments of subsection (d);’’. ‘‘(IV) the Commission determines that, alty; and (d) REQUEST TO OPT-OUT OF FUTURE UNSO- with respect to small businesses, the costs ‘‘(8) for each case in which the Commission LICITED ADVERTISEMENTS.—Section 227(b)(2) are not unduly burdensome, given the reve- referred such an order for recovery— of the Communications Act of 1934 (47 U.S.C. nues generated by small businesses, and tak- ‘‘(A) the number of days from the date the 227(b)(2)), as amended by subsection (c), is ing into account the number of specific com- Commission issued such order to the date of further amended by adding at the end the plaints to the Commission regarding the such referral; following: sending of unsolicited advertisements to ‘‘(B) whether an action has been com- ‘‘(E) shall provide, by rule, that a request telephone facsimile machines by small busi- menced to recover the penalty, and if so, the not to send future unsolicited advertise- nesses; and number of days from the date the Commis- ments to a telephone facsimile machine com- ‘‘(ii) may not commence a proceeding to sion referred such order for recovery to the plies with the requirements under this sub- determine whether to limit the duration of date of such commencement; and paragraph only if— the existence of an established business rela- ‘‘(C) whether the recovery action resulted ‘‘(i) the request identifies the telephone tionship before the expiration of the 3-year in collection of any amount, and if so, the number or numbers of the telephone fac- period that begins on the date of the enact- amount collected.’’. simile machine or machines to which the re- ment of the Junk Fax Prevention Act of SEC. 104. GAO STUDY OF JUNK FAX ENFORCE- quest relates; 2004.’’. MENT. (a) IN GENERAL.—The Comptroller General ‘‘(ii) the request is made to the telephone (g) UNSOLICITED ADVERTISEMENT.—Section of the United States shall conduct a study or facsimile number of the sender of such an 227(a)(5) of the Communications Act of 1934, regarding complaints received by the Fed- unsolicited advertisement provided pursuant as so redesignated by subsection (b)(1), is eral Communications Commission con- to subparagraph (D)(iv) or by any other amended by inserting ‘‘, in writing or other- cerning unsolicited advertisements sent to method of communication as determined by wise’’ before the period at the end. telephone facsimile machines, which study the Commission; and (h) REGULATIONS.—Except as provided in ‘‘(iii) the person making the request has shall determine— section 227(b)(2)(G)(ii) of the Communica- (1) the mechanisms established by the not, subsequent to such request, provided ex- tions Act of 1934 (as added by subsection (f)), press invitation or permission to the sender, Commission to receive, investigate, and re- not later than 270 days after the date of en- spond to such complaints; in writing or otherwise, to send such adver- actment of this Act, the Federal Commu- tisements to such person at such telephone (2) the level of enforcement success nications Commission shall issue regulations achieved by the Commission regarding such facsimile machine;’’. to implement the amendments made by this (e) AUTHORITY TO ESTABLISH NONPROFIT complaints; section. EXCEPTION.—Section 227(b)(2) of the Commu- (3) whether complainants to the Commis- nications Act of 1934 (47 U.S.C. 227(b)(2)), as SEC. 103. FCC ANNUAL REPORT REGARDING sion are adequately informed by the Com- amended by subsections (c) and (d), is further JUNK FAX ENFORCEMENT. mission of the responses to their complaints; amended by adding at the end the following: Section 227 of the Communications Act of and ‘‘(F) may, in the discretion of the Commis- 1934 (47 U.S.C. 227) is amended by adding at (4) whether additional enforcement meas- sion and subject to such conditions as the the end the following: ures are necessary to protect consumers, in- Commission may prescribe, allow profes- ‘‘(g) JUNK FAX ENFORCEMENT REPORT.—The cluding recommendations regarding such ad- sional or trade associations that are tax-ex- Commission shall submit an annual report to ditional enforcement measures. empt nonprofit organizations to send unso- Congress regarding the enforcement during (b) ADDITIONAL ENFORCEMENT REMEDIES.— licited advertisements to their members in the past year of the provisions of this section In conducting the analysis and making the furtherance of the association’s tax-exempt relating to sending of unsolicited advertise- recommendations required under subsection purpose that do not contain the notice re- ments to telephone facsimile machines, (a)(4), the Comptroller General shall specifi- quired by paragraph (1)(C)(ii), except that which report shall include— cally examine— the Commission may take action under this ‘‘(1) the number of complaints received by (1) the adequacy of existing statutory en- subparagraph only— the Commission during such year alleging forcement actions available to the Commis- ‘‘(i) by regulation issued after public notice that a consumer received an unsolicited ad- sion; and opportunity for public comment; and vertisement via telephone facsimile machine (2) the adequacy of existing statutory en- ‘‘(ii) if the Commission determines that in violation of the Commission’s rules; forcement actions and remedies available to such notice required by paragraph (1)(C)(ii) ‘‘(2) the number of citations issued by the consumers; is not necessary to protect the ability of the Commission pursuant to section 503 during (3) the impact of existing statutory en- members of such associations to stop such the year to enforce any law, regulation, or forcement remedies on senders of facsimiles; associations from sending any future unso- policy relating to sending of unsolicited ad- (4) whether increasing the amount of finan- licited advertisements; and’’. vertisements to telephone facsimile ma- cial penalties is warranted to achieve great- (f) AUTHORITY TO ESTABLISH TIME LIMIT ON chines; er deterrent effect; and ESTABLISHED BUSINESS RELATIONSHIP EXCEP- ‘‘(3) the number of notices of apparent li- (5) whether establishing penalties and en- TION.—Section 227(b)(2) of the Communica- ability issued by the Commission pursuant forcement actions for repeat violators or tions Act of 1934 (47 U.S.C. 227(b)(2)), as to section 503 during the year to enforce any abusive violations similar to those estab- amended by subsections (c), (d), and (e) of law, regulation, or policy relating to sending lished under section 1037 of title 18, United this section, is further amended by adding at of unsolicited advertisements to telephone States Code, would have a greater deterrent the end the following: facsimile machines; effect.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12073

(c) REPORT.—Not later than 270 days after between a boxer and a boxing service pro- ‘‘(18) SUSPENSION.—The term ‘suspension’ the date of the enactment of this Act, the vider. includes within its meaning the temporary Comptroller General shall submit a report on ‘‘(8) INDIAN LANDS; INDIAN TRIBE.—The revocation of a boxing license. the results of the study under this section to terms ‘Indian lands’ and ‘Indian tribe’ have ‘‘(19) TRIBAL ORGANIZATION.—The term Committee on Energy and Commerce of the the meanings given those terms by para- ‘tribal organization’ has the same meaning House of Representatives and the Committee graphs (4) and (5), respectively, of section 4 as in section 4(l) of the Indian Self-Deter- on Commerce, Science, and Transportation of the Indian Gaming Regulatory Act (25 mination and Education Assistance Act (25 of the Senate. U.S.C. 2703). U.S.C. 450b(l)).’’. TITLE II—PROFESSIONAL BOXING SAFETY ‘‘(9) LICENSEE.—The term ‘licensee’ means (b) CONFORMING AMENDMENT.—Section 21 an individual who serves as a trainer, corner (15 U.S.C. 6312) is amended to read as follows: SEC. 201. SHORT TITLE; TABLE OF CONTENTS. man, second, or cut man for a boxer. ‘‘SEC. 21. PROFESSIONAL BOXING MATCHES CON- (a) SHORT TITLE.—This title may be cited ‘‘(10) MANAGER.—The term ‘manager’ DUCTED ON INDIAN LANDS. as the ‘‘Professional Boxing Amendments means a person other than a promoter who, ‘‘(a) IN GENERAL.—Notwithstanding any Act of 2004’’. under contract, agreement, or other arrange- other provision of law, a tribal organization (b) TABLE OF CONTENTS.—The table of con- may establish a boxing commission to regu- tents for this title is as follows: ment with a boxer, undertakes to control or administer, directly or indirectly, a boxing- late professional boxing matches held on In- Sec. 201. Short title; table of contents. related matter on behalf of that boxer, indian land under the jurisdiction of that tribal organization. Sec. 202. Amendment of Professional Boxing cluding a person who is a booking agent for ‘‘(b) STANDARDS AND LICENSING.—A tribal Safety Act of 1996. a boxer. Sec. 203. Definitions. organization that establishes a boxing com- ‘‘(11) MATCHMAKER.—The term ‘match- Sec. 204. Purposes. mission shall, by tribal ordinance or resolu- maker’ means a person that proposes, se- Sec. 205. United States Boxing Commission tion, establish and provide for the implemen- lects, and arranges for boxers to participate approval, or ABC or commis- tation of health and safety standards, licens- in a professional boxing match. sion sanction, required for ing requirements, and other requirements re- ‘‘(12) PHYSICIAN.—The term ‘physician’ matches. lating to the conduct of professional boxing means a doctor of medicine legally author- Sec. 206. Safety standards. matches that are at least as restrictive as— ized to practice medicine by the State in Sec. 207. Registration. ‘‘(1) the otherwise applicable requirements which the physician performs such function Sec. 208. Review. of the State in which the Indian land on or action and who has training and experi- Sec. 209. Reporting. which the professional boxing match is held ence in dealing with sports injuries, particu- Sec. 210. Contract requirements. is located; or Sec. 211. Coercive contracts. larly head trauma. ‘‘(2) the guidelines established by the Sec. 212. Sanctioning organizations. ‘‘(13) PROFESSIONAL BOXING MATCH.—The United States Boxing Commission. Sec. 213. Required disclosures by sanc- term ‘professional boxing match’ means a ‘‘(c) APPLICATION OF ACT TO BOXING tioning organizations. boxing contest held in the United States be- MATCHES ON TRIBAL LANDS.—The provisions Sec. 214. Required disclosures by promoters tween individuals for financial compensa- of this Act apply to professional boxing and broadcasters. tion. The term ‘professional boxing match’ matches held on tribal lands to the same ex- Sec. 215. Judges and referees. does not include a boxing contest that is reg- tent and in the same way as they apply to Sec. 216. Medical registry. ulated by a duly recognized amateur sports professional boxing matches held in any Sec. 217. Conflicts of interest. organization, as approved by the Commis- State.’’. Sec. 218. Enforcement. sion. SEC. 204. PURPOSES. Sec. 219. Repeal of deadwood. ‘‘(14) PROMOTER.—The term ‘promoter’— Section 3(2) (15 U.S.C. 6302(2)) is amended Sec. 220. Recognition of tribal law. ‘‘(A) means the person primarily respon- by striking ‘‘State’’. sible for organizing, promoting, and pro- Sec. 221. Establishment of United States SEC. 205. UNITED STATES BOXING COMMISSION Boxing Commission. ducing a professional boxing match; but APPROVAL, OR ABC OR COMMISSION Sec. 222. Study and report on definition of ‘‘(B) does not include a hotel, casino, re- SANCTION, REQUIRED FOR promoter. sort, or other commercial establishment MATCHES. Sec. 223. Effective date. hosting or sponsoring a professional boxing (a) IN GENERAL.—Section 4 (15 U.S.C. 6303) match unless— is amended to read as follows: SEC. 202. AMENDMENT OF PROFESSIONAL BOX- ‘‘(i) the hotel, casino, resort, or other com- ING SAFETY ACT OF 1996. ‘‘SEC. 4. APPROVAL OR SANCTION REQUIREMENT. mercial establishment is primarily respon- Except as otherwise expressly provided, ‘‘(a) IN GENERAL.—No person may arrange, sible for organizing, promoting, and pro- whenever in this title an amendment or re- promote, organize, produce, or fight in a producing the match; and peal is expressed in terms of an amendment fessional boxing match within the United ‘‘(ii) there is no other person primarily re- to, or repeal of, a section or other provision, States unless the match— sponsible for organizing, promoting, and pro- the reference shall be considered to be made ‘‘(1) is approved by the Commission; and ducing the match. to a section or other provision of the Profes- ‘‘(2) is held in a State, or on tribal land of ‘‘(15) PROMOTIONAL AGREEMENT.—The term sional Boxing Safety Act of 1996 (15 U.S.C. a tribal organization, that regulates profes- ‘promotional agreement’ means a contract, 6301 et seq.). sional boxing matches in accordance with for the acquisition of rights relating to a standards and criteria established by the SEC. 203. DEFINITIONS. boxer’s participation in a professional boxing Commission. (a) IN GENERAL.—Section 2 (15 U.S.C. 6301) match or series of boxing matches (including ‘‘(b) APPROVAL PRESUMED.— is amended to read as follows: the right to sell, distribute, exhibit, or li- ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘SEC. 2. DEFINITIONS. cense the match or matches), with— section (a), the Commission shall be pre- ‘‘In this Act: ‘‘(A) the boxer who is to participate in the sumed to have approved any match other ‘‘(1) COMMISSION.—The term ‘Commission’ match or matches; or than— means the United States Boxing Commis- ‘‘(B) the nominee of a boxer who is to par- ‘‘(A) a match with respect to which the sion. ticipate in the match or matches, or the Commission has been informed of an alleged ‘‘(2) BOUT AGREEMENT.—The term ‘bout nominee is an entity that is owned, con- violation of this Act and with respect to agreement’ means a contract between a pro- trolled or held in trust for the boxer unless which it has notified the supervising boxing moter and a boxer that requires the boxer to that nominee or entity is a licensed pro- commission that it does not approve; participate in a professional boxing match moter who is conveying a portion of the ‘‘(B) a match advertised to the public as a for a particular date. rights previously acquired. championship match; ‘‘(3) BOXER.—The term ‘boxer’ means an in- ‘‘(16) STATE.—The term ‘State’ means each ‘‘(C) a match scheduled for 10 rounds or dividual who fights in a professional boxing of the 50 States, Puerto Rico, the District of more; or match. Columbia, and any territory or possession of ‘‘(D) a match in which 1 of the boxers has— ‘‘(4) BOXING COMMISSION.—The term ‘boxing the United States, including the Virgin Is- ‘‘(i) suffered 10 consecutive defeats in pro- commission’ means an entity authorized lands. fessional boxing matches; or under State or tribal law to regulate profes- ‘‘(17) SANCTIONING ORGANIZATION.—The ‘‘(ii) has been knocked out 5 consecutive sional boxing matches. term ‘sanctioning organization’ means an or- times in professional boxing matches. ‘‘(5) BOXER REGISTRY.—The term ‘boxer ganization, other than a boxing commission, ‘‘(2) DELEGATION OF APPROVAL AUTHORITY.— registry’ means any entity certified by the that sanctions professional boxing matches, Notwithstanding paragraph (1), the Commis- Commission for the purposes of maintaining ranks professional boxers, or charges a sanc- sion shall be presumed to have approved a records and identification of boxers. tioning fee for professional boxing matches match described in subparagraph (B), (C), or ‘‘(6) BOXING SERVICE PROVIDER.—The term in the United States— (D) of paragraph (1) if— ‘boxing service provider’ means a promoter, ‘‘(A) between boxers who are residents of ‘‘(A) the Commission has delegated in writ- manager, sanctioning body, licensee, or different States; or ing its approval authority with respect to matchmaker. ‘‘(B) that are advertised, otherwise pro- that match to a boxing commission; and ‘‘(7) CONTRACT PROVISION.—The term ‘con- moted, or broadcast (including closed circuit ‘‘(B) the boxing commission has approved tract provision’ means any legal obligation television) in interstate commerce. the match.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12074 CONGRESSIONAL RECORD — SENATE December 8, 2004

‘‘(3) KNOCKED-OUT DEFINED.—Except as may minimum contractual provisions that shall ‘‘(2) submit a copy of its explanation to the be otherwise provided by the Commission by be included in each bout agreement, boxer- Association of Boxing Commissions and the rule, in paragraph (1)(D)(ii), the term manager contract, and promotional agree- Commission for their review.’’. ‘knocked out’ means knocked down and un- ment. Each boxing commission shall ensure (b) CONFORMING AMENDMENTS.—Section able to continue after a count of 10 by the that these minimal contractual provisions 18(e) (15 U.S.C. 6309(e)) is amended— referee or stopped from continuing because are present in any such agreement or con- (1) by striking ‘‘FEDERAL TRADE COMMIS- of a technical knockout.’’. tract submitted to it. SION,’’ in the subsection heading and insert- (b) CONFORMING AMENDMENT.—Section 19 ‘‘(b) FILING AND APPROVAL REQUIRE- ing ‘‘UNITED STATES BOXING COMMISSION’’; (15 U.S.C. 6310) is repealed. MENTS.— and SEC. 206. SAFETY STANDARDS. ‘‘(1) COMMISSION.—A manager or promoter (2) by striking ‘‘Federal Trade Commis- Section 5 (15 U.S.C. 6304) is amended— shall submit a copy of each boxer-manager sion,’’ in paragraph (1) and inserting ‘‘United (1) by striking ‘‘requirements or an alter- contract and each promotional agreement States Boxing Commission,’’. native requirement in effect under regula- between that manager or promoter and a SEC. 213. REQUIRED DISCLOSURES BY SANC- tions of a boxing commission that provides boxer to the Commission, and, if requested, TIONING ORGANIZATIONS. Section 12 (15 U.S.C. 6307d) is amended— equivalent protection of the health and safe- to the boxing commission with jurisdiction (1) by striking the matter preceding para- ty of boxers:’’ and inserting ‘‘requirements:’’; over the bout. graph (1) and inserting ‘‘Within 7 days after (2) by adding at the end of paragraph (1) ‘‘(2) BOXING COMMISSION.—A boxing com- a professional boxing match of 10 rounds or ‘‘The examination shall include testing for mission may not approve a professional box- more, the sanctioning organization, if any, infectious diseases in accordance with standing match unless a copy of the bout agree- for that match shall provide to the Commis- ards established by the Commission.’’; ment related to that match has been filed sion, and, if requested, to the boxing com- (3) by striking paragraph (2) and inserting with it and approved by it. mission in the State or on Indian land re- the following: ‘‘(c) BOND OR OTHER SURETY.—A boxing sponsible for regulating the match, a written ‘‘(2) An ambulance continuously present on commission may not approve a professional statement of—’’; site.’’; boxing match unless the promoter of that (2) by striking ‘‘will assess’’ in paragraph (4) by redesignating paragraphs (3) and (4) match has posted a surety bond, cashier’s (1) and inserting ‘‘has assessed, or will as- as paragraphs (4) and (5), respectively, and check, letter of credit, cash, or other secu- sess,’’; and inserting after paragraph (2) the following: rity with the boxing commission in an (3) by striking ‘‘will receive’’ in paragraph ‘‘(3) Emergency medical personnel with ap- amount acceptable to the boxing commis- (2) and inserting ‘‘has received, or will re- propriate resuscitation equipment continu- sion.’’. ceive,’’. ously present on site.’’; and SEC. 211. COERCIVE CONTRACTS. (5) by striking ‘‘match.’’ in paragraph (5), SEC. 214. REQUIRED DISCLOSURES BY PRO- Section 10 (15 U.S.C. 6307b) is amended— MOTERS AND BROADCASTERS. as redesignated, and inserting ‘‘match in an (1) by striking paragraph (3) of subsection Section 13 (15 U.S.C. 6307e) is amended— amount prescribed by the Commission.’’. (a); (1) by striking ‘‘promoters.’’ in the section SEC. 207. REGISTRATION. (2) by inserting ‘‘OR ELIMINATION’’ after caption and inserting ‘‘promoters and broad- Section 6 (15 U.S.C. 6305) is amended— ‘‘MANDATORY’’ in the heading of subsection casters.’’; (1) by inserting ‘‘or Indian tribe’’ after (b); and (2) by striking so much of subsection (a) as ‘‘State’’ the second place it appears in sub- (3) by inserting ‘‘or elimination’’ after precedes paragraph (1) and inserting the fol- section (a)(2); ‘‘mandatory’’ in subsection (b). lowing: (2) by striking the first sentence of sub- SEC. 212. SANCTIONING ORGANIZATIONS. ‘‘(a) DISCLOSURES TO BOXING COMMISSIONS section (c) and inserting ‘‘A boxing commis- (a) IN GENERAL.—Section 11 (15 U.S.C. AND THE COMMISSION.—Within 7 days after a sion shall, in accordance with requirements 6307c) is amended to read as follows: professional boxing match of 10 rounds or established by the Commission, make a more, the promoter of any boxer partici- health and safety disclosure to a boxer when ‘‘SEC. 11. SANCTIONING ORGANIZATIONS. pating in that match shall provide to the issuing an identification card to that ‘‘(a) OBJECTIVE CRITERIA.—Within 1 year Commission, and, if requested, to the boxing boxer.’’; after the date of enactment of the Profes- commission in the State or on Indian land (3) by striking ‘‘should’’ in the second sen- sional Boxing Amendments Act of 2004, the responsible for regulating the match—’’; tence of subsection (c) and inserting ‘‘shall, Commission shall develop guidelines for ob- (3) by striking ‘‘writing,’’ in subsection at a minimum,’’; and jective and consistent written criteria for (a)(1) and inserting ‘‘writing, other than a (4) by adding at the end the following: the rating of professional boxers based on bout agreement previously provided to the ‘‘(d) COPY OF REGISTRATION AND IDENTIFICA- the athletic merits and professional record commission,’’; TION CARDS TO BE SENT TO COMMISSION.—A of the boxers. Within 90 days after the Com- (4) by striking ‘‘all fees, charges, and ex- boxing commission shall furnish a copy of mission’s promulgation of the guidelines, penses that will be’’ in subsection (a)(3)(A) each registration received under subsection each sanctioning organization shall adopt and inserting ‘‘a written statement of all (a), and each identification card issued under the guidelines and follow them. fees, charges, and expenses that have been, subsection (b), to the Commission.’’. ‘‘(b) NOTIFICATION OF CHANGE IN RATING.—A or will be,’’; SEC. 208. REVIEW. sanctioning organization shall, with respect (5) by inserting ‘‘a written statement of’’ Section 7 (15 U.S.C. 6306) is amended— to a change in the rating of a boxer pre- before ‘‘all’’ in subsection (a)(3)(B); (1) by striking ‘‘that, except as provided in viously rated by such organization in the top (6) by inserting ‘‘a statement of’’ before subsection (b), no’’ in subsection (a)(2) and 10 boxers— ‘‘any’’ in subsection (a)(3)(C); inserting ‘‘that no’’; ‘‘(1) post a copy, within 7 days after the (7) by striking the matter in subsection (b) (2) by striking paragraphs (3) and (4) of change, on its Internet website or home following ‘‘BOXER.—’’ and preceding para- subsection (a) and inserting the following: page, if any, including an explanation of the graph (1) and inserting ‘‘Within 7 days after ‘‘(3) Procedures to review a summary sus- change, for a period of not less than 30 days; a professional boxing match of 10 rounds or pension when a hearing before the boxing ‘‘(2) provide a copy of the rating change more, the promoter of the match shall pro- commission is requested by a boxer, licensee, and a thorough explanation in writing under vide to each boxer participating in the bout manager, matchmaker, promoter, or other penalty of perjury to the boxer and the Com- or match with whom the promoter has a boxing service provider which provides an mission; bout or promotional agreement a statement opportunity for that person to present evi- ‘‘(3) provide the boxer an opportunity to of—’’; dence.’’; appeal the ratings change to the sanctioning (8) by striking ‘‘match;’’ in subsection (3) by striking subsection (b); and organization; and (b)(1) and inserting ‘‘match, and that the ‘‘(4) apply the objective criteria for ratings (4) by striking ‘‘(a) PROCEDURES.—’’. promoter has paid, or agreed to pay, to any required under subsection (a) in considering other person in connection with the match;’’; SEC. 209. REPORTING. any such appeal. Section 8 (15 U.S.C. 6307) is amended— and ‘‘(c) CHALLENGE OF RATING.—If, after dis- (1) by striking ‘‘48 business hours’’ and in- (9) by adding at the end the following: posing with an appeal under subsection ‘‘(d) REQUIRED DISCLOSURES BY BROAD- serting ‘‘2 business days’’; (b)(3), a sanctioning organization receives a CASTERS.— (2) by striking ‘‘bxoing’’ and inserting petition from a boxer challenging that orga- ‘‘(1) IN GENERAL.—A broadcaster that owns ‘‘boxing’’; and nization’s rating of the boxer, it shall (ex- the television broadcast rights for a profes- (3) by striking ‘‘each boxer registry.’’ and cept to the extent otherwise required by the sional boxing match of 10 rounds or more inserting ‘‘the Commission.’’. Commission), within 7 days after receiving shall, within 7 days after that match, pro- SEC. 210. CONTRACT REQUIREMENTS. the petition— vide to the Commission— Section 9 (15 U.S.C. 6307a) is amended to ‘‘(1) provide to the boxer a written expla- ‘‘(A) a statement of any advance, guar- read as follows: nation under penalty of perjury of the orga- antee, or license fee paid or owed by the ‘‘SEC. 9. CONTRACT REQUIREMENTS. nization’s rating criteria, its rating of the broadcaster to a promoter in connection ‘‘(a) IN GENERAL.—The Commission, in con- boxer, and the rationale or basis for its rat- with that match; sultation with the Association of Boxing ing (including a response to any specific ‘‘(B) a copy of any contract executed by or Commissions, shall develop guidelines for questions submitted by the boxer); and on behalf of the broadcaster with—

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12075

‘‘(i) a boxer who participated in that ‘‘(b) CONTENT; SUBMISSION.—The Commis- dent, by and with the advice and consent of match; or sion shall determine— the Senate. ‘‘(ii) the boxer’s manager, promoter, pro- ‘‘(1) the nature of medical records and med- ‘‘(2) QUALIFICATIONS.— motional company, or other representative ical suspensions of a boxer that are to be for- ‘‘(A) IN GENERAL.—Each member of the or the owner or representative of the site of warded to the medical registry; and Commission shall be a citizen of the United the match; and ‘‘(2) the time within which the medical States who— ‘‘(C) a list identifying sources of income re- records and medical suspensions are to be ‘‘(i) has extensive experience in profes- ceived from the broadcast of the match. submitted to the medical registry. sional boxing activities or in a field directly ‘‘(2) COPY TO BOXING COMMISSION.—Upon re- ‘‘(c) CONFIDENTIALITY.—The Commission related to professional sports; quest from the boxing commission in the shall establish confidentiality standards for ‘‘(ii) is of outstanding character and recog- State or Indian land responsible for regu- the disclosure of personally identifiable in- nized integrity; and lating a match to which paragraph (1) ap- formation to boxing commissions that will— ‘‘(iii) is selected on the basis of training, plies, a broadcaster shall provide the infor- ‘‘(1) protect the health and safety of boxers experience, and qualifications and without mation described in paragraph (1) to that by making relevant information available to regard to political party affiliation. boxing commission. the boxing commissions for use but not pub- ‘‘(B) SPECIFIC QUALIFICATIONS FOR CERTAIN ‘‘(3) CONFIDENTIALITY.—The information lic disclosure; and MEMBERS.—At least 1 member of the Com- provided to the Commission or to a boxing ‘‘(2) ensure that the privacy of the boxers mission shall be a former member of a local commission pursuant to this subsection shall is protected.’’. boxing authority. If practicable, at least 1 be confidential and not revealed by the Com- SEC. 217. CONFLICTS OF INTEREST. member of the Commission shall be a physi- mission or a boxing commission, except that Section 17 (15 U.S.C. 6308) is amended— cian or other health care professional duly the Commission may publish an analysis of (1) by striking ‘‘enforces State boxing licensed as such. the data in aggregate form or in a manner laws,’’ in subsection (a) and inserting ‘‘im- ‘‘(C) DISINTERESTED PERSONS.—No member which does not disclose confidential informa- plements State or tribal boxing laws, no offi- of the Commission may, while serving as a tion about identifiable broadcasters. cer or employee of the Commission,’’; member of the Commission— ‘‘(4) TELEVISION BROADCAST RIGHTS.—In (2) by striking ‘‘belong to,’’ and inserting ‘‘(i) be engaged as a professional boxer, paragraph (1), the term ‘television broadcast ‘‘hold office in,’’ in subsection (a); boxing promoter, agent, fight manager, rights’ means the right to broadcast the (3) by striking the last sentence of sub- matchmaker, referee, judge, or in any other match, or any part thereof, via a broadcast section (a); capacity in the conduct of the business of station, cable service, or multichannel video (4) by striking subsection (b) and inserting professional boxing; programming distributor as such terms are the following: ‘‘(ii) have any pecuniary interest in the defined in section 3(5), 602(6), and 602(13) of ‘‘(b) BOXERS.—A boxer may not own or con- earnings of any boxer or the proceeds or out- the Communications Act of 1934 (47 U.S.C. trol, directly or indirectly, an entity that come of any boxing match; or 153(5), 602(6), and 602(13), respectively).’’. promotes the boxer’s bouts if that entity is ‘‘(iii) serve as a member of a boxing com- SEC. 215. JUDGES AND REFEREES. responsible for— mission. ‘‘(3) BIPARTISAN MEMBERSHIP.—Not more (a) IN GENERAL.—Section 16 (15 U.S.C. ‘‘(1) executing a bout agreement or pro- 6307h) is amended— motional agreement with the boxer’s oppo- than 2 members of the Commission may be members of the same political party. (1) by inserting ‘‘(a) LICENSING AND ASSIGN- nent; or ‘‘(4) GEOGRAPHIC BALANCE.—Not more than MENT REQUIREMENT.—’’ before ‘‘No person’’; ‘‘(2) providing any payment or other com- (2) by striking ‘‘certified and approved’’ pensation to— 2 members of the Commission may be resi- and inserting ‘‘selected’’; ‘‘(A) the boxer’s opponent for participation dents of the same geographic region of the (3) by inserting ‘‘or Indian lands’’ after in a bout with the boxer; United States when appointed to the Com- ‘‘State’’; and ‘‘(B) the boxing commission that will regu- mission. For purposes of the preceding sen- (4) by adding at the end the following: late the bout; or tence, the area of the United States east of ‘‘(b) CHAMPIONSHIP AND 10-ROUND BOUTS.— ‘‘(C) ring officials who officiate at the the Mississippi River is a geographic region, In addition to the requirements of subsection bout.’’. and the area of the United States west of the (a), no person may arrange, promote, orga- SEC. 218. ENFORCEMENT. Mississippi River is a geographic region. nize, produce, or fight in a professional box- Section 18 (15 U.S.C. 6309) is amended— ‘‘(5) TERMS.— ing match advertised to the public as a (1) by striking ‘‘(a) INJUNCTIONS.—’’ in sub- ‘‘(A) IN GENERAL.—The term of a member championship match or in a professional section (a) and inserting ‘‘(a) ACTIONS BY AT- of the Commission shall be 3 years. boxing match scheduled for 10 rounds or TORNEY GENERAL.—’’; ‘‘(B) REAPPOINTMENT.—Members of the more unless all referees and judges partici- (2) by striking ‘‘enforces State boxing Commission may be reappointed to the Com- pating in the match have been licensed by laws,’’ in subsection (b)(3) and inserting ‘‘im- mission. the Commission. plements State or tribal boxing laws, any of- ‘‘(C) MIDTERM VACANCIES.—A member of ‘‘(c) ROLE OF SANCTIONING ORGANIZATION.— ficer or employee of the Commission,’’; the Commission appointed to fill a vacancy A sanctioning organization may provide a (3) by inserting ‘‘has engaged in or’’ after in the Commission occurring before the expi- list of judges and referees deemed qualified ‘‘organization’’ in subsection (c); ration of the term for which the member’s by that organization to a boxing commis- (4) by striking ‘‘subsection (b)’’ in sub- predecessor was appointed shall be appointed sion, but the boxing commission shall select, section (c)(3) and inserting ‘‘subsection (b), a for the remainder of that unexpired term. license, and appoint the judges and referees civil penalty, or’’; and ‘‘(D) CONTINUATION PENDING REPLACE- participating in the match. (5) by striking ‘‘boxer’’ in subsection (d) MENT.—A member of the Commission may ‘‘(d) ASSIGNMENT OF NONRESIDENT JUDGES and inserting ‘‘person’’. serve after the expiration of that member’s AND REFEREES.—A boxing commission may SEC. 219. REPEAL OF DEADWOOD. term until a successor has taken office. assign judges and referees who reside outside Section 20 (15 U.S.C. 6311) is repealed. ‘‘(6) REMOVAL.—A member of the Commis- that commission’s State or Indian land. SEC. 220. RECOGNITION OF TRIBAL LAW. sion may be removed by the President only ‘‘(e) REQUIRED DISCLOSURE.—A judge or ref- Section 22 (15 U.S.C. 6313) is amended— for cause. eree shall provide to the boxing commission (1) by insert ‘‘OR TRIBAL’’ in the section ‘‘(c) EXECUTIVE DIRECTOR.— responsible for regulating a professional box- heading after ‘‘STATE’’; and ‘‘(1) IN GENERAL.—The Commission shall ing match in a State or on Indian land a (2) by inserting ‘‘or Indian tribe’’ after employ an Executive Director to perform the statement of all consideration, including re- ‘‘State’’. administrative functions of the Commission imbursement for expenses, that the judge or SEC. 221. ESTABLISHMENT OF UNITED STATES under this Act, and such other functions and referee has received, or will receive, from BOXING COMMISSION. duties of the Commission as the Commission any source for participation in the match. If (a) IN GENERAL.—The Act is amended by shall specify. the match is scheduled for 10 rounds or more, adding at the end the following: ‘‘(2) DISCHARGE OF FUNCTIONS.—Subject to the authority, direction, and control of the the judge or referee shall also provide such a ‘‘TITLE II—UNITED STATES BOXING Commission the Executive Director shall statement to the Commission.’’. COMMISSION carry out the functions and duties of the (b) CONFORMING AMENDMENT.—Section 14 ‘‘SEC. 201. PURPOSE. (15 U.S.C. 6307f) is repealed. Commission under this Act. ‘‘The purpose of this title is to protect the ‘‘(d) GENERAL COUNSEL.—The Commission SEC. 216. MEDICAL REGISTRY. health, safety, and welfare of boxers and to shall employ a General Counsel to provide The Act is amended by inserting after sec- ensure fairness in the sport of professional legal counsel and advice to the Executive Di- tion 13 (15 U.S.C. 6307e) the following: boxing. rector and the Commission in the perform- ‘‘SEC. 14. MEDICAL REGISTRY. ‘‘SEC. 202. UNITED STATES BOXING COMMISSION. ance of its functions under this Act, and to ‘‘(a) IN GENERAL.—The Commission shall ‘‘(a) IN GENERAL.—The United States Box- carry out such other functions and duties as establish and maintain, or certify a third ing Commission is established as a commis- the Commission shall specify. party entity to establish and maintain, a sion within the Department of Commerce. ‘‘(e) STAFF.—The Commission shall employ medical registry that contains comprehen- ‘‘(b) MEMBERS.— such additional staff as the Commission con- sive medical records and medical denials or ‘‘(1) IN GENERAL.—The Commission shall siders appropriate to assist the Executive Di- suspensions for every licensed boxer. consist of 3 members appointed by the Presi- rector and the General Counsel in carrying

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12076 CONGRESSIONAL RECORD — SENATE December 8, 2004

out the functions and duties of the Commis- ‘‘(10) promulgate rules, regulations, and ‘‘(b) CONTENTS.—The information in the sion under this Act. guidance, and take any other action nec- registry shall include the following: ‘‘(f) COMPENSATION.— essary and proper to accomplish the purposes ‘‘(1) BOXERS.—A list of professional boxers ‘‘(1) MEMBERS OF COMMISSION.— of, and consistent with, the provisions of this and data in the medical registry established ‘‘(A) IN GENERAL.—Each member of the title. under section 114 of this Act, which the Com- Commission shall be compensated at a rate ‘‘(c) PROHIBITIONS.—The Commission may mission shall secure from disclosure in ac- equal to the daily equivalent of the annual not— cordance with the confidentiality require- rate of basic pay prescribed for level IV of ‘‘(1) promote boxing events or rank profes- ments of section 114(c). the Executive Schedule under section 5315 of sional boxers; or ‘‘(2) OTHER PERSONNEL.—Information (per- title 5, United States Code, for each day (in- ‘‘(2) provide technical assistance to, or au- tinent to the sport of professional boxing) on cluding travel time) during which such mem- thorize the use of the name of the Commis- boxing promoters, boxing matchmakers, box- ber is engaged in the performance of the du- sion by, boxing commissions that do not ing managers, trainers, cut men, referees, ties of the Commission. comply with requirements of the Commis- boxing judges, physicians, and any other per- ‘‘(B) TRAVEL EXPENSES.—The members of sion. sonnel determined by the Commission as per- the Commission shall be allowed travel ex- ‘‘(d) USE OF NAME.—The Commission shall forming a professional activity for profes- penses, including per diem in lieu of subsist- have the exclusive right to use the name sional boxing matches. ence, at rates authorized for employees of ‘United States Boxing Commission’. Any per- ‘‘SEC. 206. CONSULTATION REQUIREMENTS. agencies under subchapter I of chapter 57 of son who, without the permission of the Com- ‘‘The Commission shall consult with the title 5, United States Code, while away from mission, uses that name or any other exclu- Association of Boxing Commissions— their homes or regular places of business in sive name, trademark, emblem, symbol, or ‘‘(1) before prescribing any regulation or the performance of services for the Commis- insignia of the Commission for the purpose establishing any standard under the provision. of inducing the sale or exchange of any goods sions of this title; and ‘‘(2) EXECUTIVE DIRECTOR AND STAFF.—The or services, or to promote any exhibition, ‘‘(2) not less than once each year regarding Commission shall fix the compensation of performance, or sporting event, shall be sub- matters relating to professional boxing. the Executive Director, the General Counsel, ject to suit in a civil action by the Commis- ‘‘SEC. 207. MISCONDUCT. and other personnel of the Commission. The sion for the remedies provided in the Act of ‘‘(a) SUSPENSION AND REVOCATION OF LI- rate of pay for the Executive Director, the July 5, 1946 (commonly known as the ‘Trade- CENSE OR REGISTRATION.— General Counsel, and other personnel may mark Act of 1946’; 15 U.S.C. 1051 et seq.). ‘‘(1) AUTHORITY.—The Commission may, not exceed the rate payable for level V of the ‘‘SEC. 204. LICENSING AND REGISTRATION OF after notice and opportunity for a hearing, BOXING PERSONNEL. Executive Schedule under section 5316 of suspend or revoke any license issued under ‘‘(a) LICENSING.— title 5, United States Code. this title if the Commission finds that— ‘‘(1) REQUIREMENT FOR LICENSE.—No person ‘‘(A) the license holder has violated any ‘‘SEC. 203. FUNCTIONS. may compete in a professional boxing match provision of this Act; ‘‘(a) PRIMARY FUNCTIONS.—The primary or serve as a boxing manager, boxing pro- ‘‘(B) there are reasonable grounds for belief functions of the Commission are— moter, or sanctioning organization for a pro- that a standard prescribed by the Commis- ‘‘(1) to protect the health, safety, and gen- fessional boxing match except as provided in sion under this title is not being met, or that eral interests of boxers consistent with the a license granted to that person under this bribery, collusion, intentional losing, rack- provisions of this Act; and subsection. eteering, extortion, or the use of unlawful ‘‘(2) to ensure uniformity, fairness, and in- ‘‘(2) APPLICATION AND TERM.— threats, coercion, or intimidation have oc- tegrity in professional boxing. ‘‘(A) IN GENERAL.—The Commission shall— curred in connection with a license; or ‘‘(b) SPECIFIC FUNCTIONS.—The Commission ‘‘(i) establish application procedures, ‘‘(C) the suspension or revocation is nec- shall— forms, and fees; essary for the protection of health and safety ‘‘(1) administer title I of this Act; ‘‘(ii) establish and publish appropriate or is otherwise in the public interest. ‘‘(2) promulgate uniform standards for pro- standards for licenses granted under this sec- ‘‘(2) PERIOD OF SUSPENSION.— fessional boxing in consultation with the As- tion; and ‘‘(A) IN GENERAL.—A suspension of a li- sociation of Boxing Commissions; ‘‘(iii) issue a license to any person who, as cense under this section shall be effective for ‘‘(3) except as otherwise determined by the determined by the Commission, meets the a period determined appropriate by the Com- Commission, oversee all professional boxing standards established by the Commission mission except as provided in subparagraph matches in the United States; under this title. (B). ‘‘(4) work with the boxing commissions of ‘‘(B) DURATION.—A license issued under ‘‘(B) SUSPENSION FOR MEDICAL REASONS.—In the several States and tribal organizations— this section shall be for a renewable— the case of a suspension or denial of the li- ‘‘(A) to improve the safety, integrity, and ‘‘(i) 4-year term for a boxer; and cense of a boxer for medical reasons by the professionalism of professional boxing in the ‘‘(ii) 2-year term for any other person. Commission, the Commission may terminate United States; ‘‘(C) PROCEDURE.—The Commission may the suspension or denial at any time that a ‘‘(B) to enhance physical, medical, finan- issue a license under this paragraph through physician certifies that the boxer is fit to cial, and other safeguards established for the boxing commissions or in a manner deter- participate in a professional boxing match. protection of professional boxers; and mined by the Commission. The Commission shall prescribe the stand- ‘‘(C) to improve the status and standards of ‘‘(b) LICENSING FEES.— ards and procedures for accepting certifi- professional boxing in the United States; ‘‘(1) AUTHORITY.—The Commission may cations under this subparagraph. ‘‘(5) ensure, in cooperation with the Attor- prescribe and charge reasonable fees for the ‘‘(3) PERIOD OF REVOCATION.—In the case of ney General (who shall represent the Com- licensing of persons under this title. The a revocation of the license of a boxer, the mission in any judicial proceeding under this Commission may set, charge, and adjust revocation shall be for a period of not less Act), the chief law enforcement officer of the varying fees on the basis of classifications of than 1 year. several States, and other appropriate officers persons, functions, and events determined ‘‘(b) INVESTIGATIONS AND INJUNCTIONS.— and agencies of Federal, State, and local appropriate by the Commission. ‘‘(1) AUTHORITY.—The Commission may— government, that Federal and State laws ap- ‘‘(2) LIMITATIONS.—In setting and charging ‘‘(A) conduct any investigation that it con- plicable to professional boxing matches in fees under paragraph (1), the Commission siders necessary to determine whether any the United States are vigorously, effectively, shall ensure that, to the maximum extent person has violated, or is about to violate, and fairly enforced; practicable— any provision of this Act or any regulation ‘‘(6) review boxing commission regulations ‘‘(A) club boxing is not adversely effected; prescribed under this Act; for professional boxing and provide assist- ‘‘(B) sanctioning organizations and pro- ‘‘(B) require or permit any person to file ance to such authorities in meeting min- moters pay comparatively the largest por- with it a statement in writing, under oath or imum standards prescribed by the Commis- tion of the fees; and otherwise as the Commission shall deter- sion under this title; ‘‘(C) boxers pay as small a portion of the mine, as to all the facts and circumstances ‘‘(7) serve as the coordinating body for all fees as is possible. concerning the matter to be investigated; efforts in the United States to establish and ‘‘(3) COLLECTION.—Fees established under ‘‘(C) in its discretion, publish information maintain uniform minimum health and safe- this subsection may be collected through concerning any violations; and ty standards for professional boxing; boxing commissions or by any other means ‘‘(D) investigate any facts, conditions, ‘‘(8) if the Commission determines it to be determined appropriate by the Commission. practices, or matters to aid in the enforce- appropriate, publish a newspaper, magazine, ‘‘SEC. 205. NATIONAL REGISTRY OF BOXING PER- ment of the provisions of this Act, in the or other publication and establish and main- SONNEL. prescribing of regulations under this Act, or tain a website consistent with the purposes ‘‘(a) REQUIREMENT FOR REGISTRY.—The in securing information to serve as a basis of the Commission; Commission shall establish and maintain (or for recommending legislation concerning the ‘‘(9) procure the temporary and intermit- authorize a third party to establish and matters to which this Act relates. tent services of experts and consultants to maintain) a unified national computerized ‘‘(2) POWERS.— the extent authorized by section 3109(b) of registry for the collection, storage, and re- ‘‘(A) IN GENERAL.—For the purpose of any title 5, United States Code, at rates the Com- trieval of information related to the per- investigation under paragraph (1) or any mission determines to be reasonable; and formance of its duties. other proceeding under this title—

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12077 ‘‘(i) any officer designated by the Commis- issue writs of mandamus commanding any issued by a boxing commission expires on the sion may administer oaths and affirmations, person to comply with the provisions of this earlier of— subpoena or otherwise compel the attend- Act or any order of the Commission. ‘‘(A) the date on which the license expires; ance of witnesses, take evidence, and require ‘‘(c) INTERVENTION IN CIVIL ACTIONS.— or the production of any books, papers, cor- ‘‘(1) IN GENERAL.—The Commission, on be- ‘‘(B) the date that is 2 years after the date respondence, memoranda, or other records half of the public interest, may intervene of of the enactment of the Professional Boxing the Commission considers relevant or mate- right as provided under rule 24(a) of the Fed- Amendments Act of 2004. rial to the inquiry; and eral Rules of Civil Procedure in any civil ac- ‘‘SEC. 212. AUTHORIZATION OF APPROPRIATIONS. ‘‘(ii) the provisions of sections 6002 and 6004 tion relating to professional boxing filed in a ‘‘(a) IN GENERAL.—There are authorized to of title 18, United States Code, shall apply. district court of the United States. be appropriated for the Commission for each ‘‘(B) WITNESSES AND EVIDENCE.—The at- ‘‘(2) AMICUS FILING.—The Commission may fiscal year such sums as may be necessary tendance of witnesses and the production of file a brief in any action filed in a court of for the Commission to perform its functions any documents under subparagraph (A) may the United States on behalf of the public infor that fiscal year. be required from any place in the United terest in any case relating to professional ‘‘(b) RECEIPTS CREDITED AS OFFSETTING States, including Indian land, at any des- boxing. COLLECTIONS.—Notwithstanding section 3302 ignated place of hearing. ‘‘(d) HEARINGS BY COMMISSION.—Hearings of title 31, United States Code, any fee col- ‘‘(3) ENFORCEMENT OF SUBPOENAS.— conducted by the Commission under this Act lected under this title— ‘‘(A) CIVIL ACTION.—In case of contumacy shall be public and may be held before any ‘‘(1) shall be credited as offsetting collec- by, or refusal to obey a subpoena issued to, officer of the Commission. The Commission tions to the account that finances the activi- any person, the Commission may file an ac- shall keep appropriate records of the hear- ties and services for which the fee is im- tion in any district court of the United ings. posed; States within the jurisdiction of which an in- ‘‘SEC. 208. NONINTERFERENCE WITH BOXING ‘‘(2) shall be available for expenditure only vestigation or proceeding is carried out, or COMMISSIONS. where that person resides or carries on busi- to pay the costs of activities and services for ‘‘(a) NONINTERFERENCE.—Nothing in this which the fee is imposed; and ness, to enforce the attendance and testi- Act prohibits any boxing commission from mony of witnesses and the production of ‘‘(3) shall remain available until ex- exercising any of its powers, duties, or func- pended.’’. books, papers, correspondence, memoran- tions with respect to the regulation or super- dums, and other records. The court may (b) CONFORMING AMENDMENTS.— vision of professional boxing or professional (1) PBSA.—The Professional Boxing Safety issue an order requiring the person to appear boxing matches to the extent not incon- before the Commission to produce records, if Act of 1996, as amended by this Act, is fur- sistent with the provisions of this Act. ther amended— so ordered, or to give testimony concerning ‘‘(b) MINIMUM STANDARDS.—Nothing in this the matter under investigation or in ques- (A) by striking section 1 and inserting the Act prohibits any boxing commission from following: tion. enforcing local standards or requirements ‘‘(B) FAILURE TO OBEY.—Any failure to obey that exceed the minimum standards or re- ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. an order issued by a court under subpara- quirements promulgated by the Commission ‘‘(a) SHORT TITLE.—This Act may be cited graph (A) may be punished as contempt of under this Act. as the ‘Professional Boxing Safety Act’. that court. ‘‘(b) TABLE OF CONTENTS.—The table of ‘‘SEC. 209. ASSISTANCE FROM OTHER AGENCIES. ‘‘(C) PROCESS.—All process in any con- ‘‘Any employee of any executive depart- contents for this Act is as follows: tempt case under subparagraph (A) may be ment, agency, bureau, board, commission, of- ‘‘Section 1. Short title; table of contents. served in the judicial district in which the fice, independent establishment, or instru- ‘‘Sec. 2. Definitions. person is an inhabitant or in which the per- mentality may be detailed to the Commis- son may be found. ‘‘TITLE I—PROFESSIONAL BOXING sion, upon the request of the Commission, on ‘‘(4) EVIDENCE OF CRIMINAL MISCONDUCT.— SAFETY a reimbursable or nonreimbursable basis, ‘‘(A) IN GENERAL.—No person may be ex- ‘‘Sec. 101. Purposes. cused from attending and testifying or from with the consent of the appropriate author- ‘‘Sec. 102. Approval or sanction requirement. producing books, papers, contracts, agree- ity having jurisdiction over the employee. ‘‘Sec. 103. Safety standards. ments, and other records and documents be- While so detailed, an employee shall con- ‘‘Sec. 104. Registration. fore the Commission, in obedience to the tinue to receive the compensation provided ‘‘Sec. 105. Review. subpoena of the Commission, or in any cause pursuant to law for the employee’s regular ‘‘Sec. 106. Reporting. or proceeding instituted by the Commission, position of employment and shall retain, ‘‘Sec. 107. Contract requirements. without interruption, the rights and privi- on the ground that the testimony or evi- ‘‘Sec. 108. Protection from coercive con- leges of that employment. dence, documentary or otherwise, required of tracts. that person may tend to incriminate the per- ‘‘SEC. 210. REPORTS. ‘‘Sec. 109. Sanctioning organizations. son or subject the person to a penalty or for- ‘‘(a) ANNUAL REPORT.—The Commission ‘‘Sec. 110. Required disclosures to State box- feiture. shall submit a report on its activities to the ing commissions by sanctioning ‘‘(B) LIMITED IMMUNITY.—No individual Senate Committee on Commerce, Science, organizations. may be prosecuted or subject to any penalty and Transportation and the House of Rep- ‘‘Sec. 111. Required disclosures by promoters or forfeiture for, or on account of, any trans- resentatives Committee on Commerce each and broadcasters. action, matter, or thing concerning the mat- year. The annual report shall include— ‘‘Sec. 112. Medical registry. ter about which that individual is compelled, ‘‘(1) a detailed discussion of the activities ‘‘Sec. 113. Confidentiality. after having claimed a privilege against self- of the Commission for the year covered by ‘‘Sec. 114. Judges and referees. incrimination, to testify or produce evi- the report; and ‘‘Sec. 115. Conflicts of interest. dence, documentary or otherwise, except ‘‘(2) an overview of the licensing and en- ‘‘Sec. 116. Enforcement. that the individual so testifying shall not be forcement activities of the State and tribal ‘‘Sec. 117. Professional boxing matches con- exempt from prosecution and punishment for organization boxing commissions. ducted on Indian lands. ‘‘(b) PUBLIC REPORT.—The Commission perjury committed in so testifying. ‘‘Sec. 118. Relationship with State or Tribal shall annually issue and publicize a report of ‘‘(5) INJUNCTIVE RELIEF.—If the Commission law. determines that any person is engaged or the Commission on the progress made at about to engage in any act or practice that Federal and State levels and on Indian lands ‘‘TITLE II—UNITED STATES BOXING constitutes a violation of any provision of in the reform of professional boxing, which COMMISSION this Act, or of any regulation prescribed shall include comments on issues of con- ‘‘Sec. 201. Purpose. under this Act, the Commission may bring tinuing concern to the Commission. ‘‘Sec. 202. United States Boxing Commis- an action in the appropriate district court of ‘‘(c) FIRST ANNUAL REPORT ON THE COMMIS- sion. the United States, the United States District SION.—The first annual report under this ‘‘Sec. 203. Functions. Court for the District of Columbia, or the title shall be submitted not later than 2 ‘‘Sec. 204. Licensing and registration of box- United States courts of any territory or years after the effective date of this title. ing personnel. other place subject to the jurisdiction of the ‘‘SEC. 211. INITIAL IMPLEMENTATION. ‘‘Sec. 205. National registry of boxing per- United States, to enjoin the act or practice, ‘‘(a) TEMPORARY EXEMPTION.—The require- sonnel. and upon a proper showing, the court shall ments for licensing under this title do not ‘‘Sec. 206. Consultation requirements. grant without bond a permanent or tem- apply to a person for the performance of an ‘‘Sec. 207. Misconduct. porary injunction or restraining order. activity as a boxer, boxing judge, or referee, ‘‘Sec. 208. Noninterference with boxing com- ‘‘(6) MANDAMUS.—Upon application of the or the performance of any other professional missions Commission, the district courts of the activity in relation to a professional boxing ‘‘Sec. 209. Assistance from other agencies. United States, the United States District match, if the person is licensed by a boxing ‘‘Sec. 210. Reports. Court for the District of Columbia, and the commission to perform that activity as of ‘‘Sec. 211. Initial implementation. United States courts of any territory or the effective date of this title. ‘‘Sec. 212. Authorization of appropriations.’’; other place subject to the jurisdiction of the ‘‘(b) EXPIRATION.—The exemption under (B) by inserting before section 3 the fol- United States, shall have jurisdiction to subsection (a) with respect to a license lowing:

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12078 CONGRESSIONAL RECORD — SENATE December 8, 2004 ‘‘TITLE I—PROFESSIONAL BOXING TITLE I—ARTISTS’ RIGHTS AND THEFT ‘‘(A) producers and sellers of legitimate SAFETY’’; PREVENTION works affected by conduct involved in the of- (C) by redesignating sections 3, 4, 5, 6, 7, 8, SEC. 101. SHORT TITLE. fense; 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and 22 as This title may be cited as the ‘‘Artists’ ‘‘(B) holders of intellectual property rights sections 101 through 118, respectively; Rights and Theft Prevention Act of 2004’’ or in the works described in subparagraph (A); (D) by striking subsection (a) of section the ‘‘ART Act’’. and 113, as redesignated, and inserting the fol- SEC. 102. CRIMINAL PENALTIES FOR UNAUTHOR- ‘‘(C) the legal representatives of such pro- lowing: IZED RECORDING OF MOTION PIC- ducers, sellers, and holders. ‘‘(a) IN GENERAL.—Except to the extent re- TURES IN A MOTION PICTURE EXHI- ‘‘(f) STATE LAW NOT PREEMPTED.—Nothing quired in a legal, administrative, or judicial BITION FACILITY. in this section may be construed to annul or proceeding, a boxing commission, an Attor- (a) IN GENERAL.—Chapter 113 of title 18, limit any rights or remedies under the laws ney General, or the Commission may not dis- United States Code, is amended by adding of any State. close to the public any matter furnished by after section 2319A the following new sec- ‘‘(g) DEFINITIONS.—In this section, the fol- a promoter under section 111.’’; tion: lowing definitions shall apply: (E) by striking ‘‘section 13’’ in subsection ‘‘§ 2319B. Unauthorized recording of motion ‘‘(1) TITLE 17 DEFINITIONS.—The terms (b) of section 113, as redesignated, and insert- pictures in a motion picture exhibition fa- ‘audiovisual work’, ‘copy’, ‘copyright owner’, ing ‘‘section 111’’; cility ‘motion picture’, ‘motion picture exhibition facility’, and ‘transmit’ have, respectively, (F) by striking ‘‘9(b), 10, 11, 12, 13, 14, or ‘‘(a) OFFENSE.—Any person who, without 16,’’ in paragraph (1) of section 116(b), as re- the authorization of the copyright owner, the meanings given those terms in section designated, and inserting ‘‘107, 108, 109, 110, knowingly uses or attempts to use an audio- 101 of title 17. 111, or 114,’’; visual recording device to transmit or make ‘‘(2) AUDIOVISUAL RECORDING DEVICE.—The (G) by striking ‘‘9(b), 10, 11, 12, 13, 14, or 16’’ a copy of a motion picture or other audio- term ‘audiovisual recording device’ means a in paragraph (2) of section 116(b), as redesig- visual work protected under title 17, or any digital or analog photographic or video cam- nated, and inserting ‘‘107, 108, 109, 110, 111, or part thereof, from a performance of such era, or any other technology or device capa- 114’’; work in a motion picture exhibition facility, ble of enabling the recording or transmission (H) by striking ‘‘section 17(a)’’ in sub- shall— of a copyrighted motion picture or other section (b)(3) of section 116, as redesignated, ‘‘(1) be imprisoned for not more than 3 audiovisual work, or any part thereof, re- and inserting ‘‘section 115(a)’’; years, fined under this title, or both; or gardless of whether audiovisual recording is (I) by striking ‘‘section 10’’ in subsection ‘‘(2) if the offense is a second or subsequent the sole or primary purpose of the device.’’. (e)(3) of section 116, as redesignated, and in- offense, be imprisoned for no more than 6 (b) CLERICAL AMENDMENT.—The table of serting ‘‘section 108’’; and years, fined under this title, or both. sections at the beginning of chapter 113 of title 18, United States Code, is amended by (J) by striking ‘‘of this Act’’ each place it The possession by a person of an audiovisual appears in sections 101 through 120, as redes- inserting after the item relating to section recording device in a motion picture exhi- 2319A the following: ignated, and inserting ‘‘of this title’’. bition facility may be considered as evidence (2) COMPENSATION OF MEMBERS.—Section in any proceeding to determine whether that ‘‘2319B. Unauthorized recording of motion 5315 of title 5, United States Code, is amend- person committed an offense under this sub- pictures in a motion picture ex- ed by adding at the end the following: section, but shall not, by itself, be sufficient hibition facility.’’. ‘‘Members of the United States Boxing to support a conviction of that person for (c) DEFINITION.—Section 101 of title 17, Commission.’’. such offense. United States Code, is amended by inserting SEC. 222. STUDY AND REPORT ON DEFINITION OF ‘‘(b) FORFEITURE AND DESTRUCTION.—When after the definition of ‘‘Motion pictures’’ the PROMOTER. a person is convicted of a violation of sub- following: (a) STUDY.—The United States Boxing section (a), the court in its judgment of con- ‘‘The term ‘motion picture exhibition fa- Commission shall conduct a study on how viction shall, in addition to any penalty pro- cility’ means a movie theater, screening the term ‘‘promoter’’ should be defined for vided, order the forfeiture and destruction or room, or other venue that is being used pri- purposes of the Professional Boxing Safety other disposition of all unauthorized copies marily for the exhibition of a copyrighted Act. of motion pictures or other audiovisual motion picture, if such exhibition is open to (b) HEARINGS.—As part of that study, the works protected under title 17, or parts the public or is made to an assembled group Commission shall hold hearings and solicit thereof, and any audiovisual recording de- of viewers outside of a normal circle of a testimony at those hearings from boxers, vices or other equipment used in connection family and its social acquaintances.’’. managers, promoters, premium, cable, and with the offense. SEC. 103. CRIMINAL INFRINGEMENT OF A WORK satellite program service providers, hotels, ‘‘(c) AUTHORIZED ACTIVITIES.—This section BEING PREPARED FOR COMMER- casinos, resorts, and other commercial estab- does not prevent any lawfully authorized in- CIAL DISTRIBUTION. lishments that host or sponsor professional vestigative, protective, or intelligence activ- (a) PROHIBITED ACTS.—Section 506(a) of boxing matches, and other interested parties ity by an officer, agent, or employee of the title 17, United States Code, is amended to with respect to the definition of that term as United States, a State, or a political subdivi- read as follows: it is used in the Professional Boxing Safety sion of a State, or a person acting under a ‘‘(a) CRIMINAL INFRINGEMENT.— Act. contract with the United States, a State, or ‘‘(1) IN GENERAL.—Any person who willfully (c) REPORT.—Not later than 12 months a political subdivision of a State. infringes a copyright shall be punished as after the date of the enactment of this Act, ‘‘(d) IMMUNITY FOR THEATERS.—With rea- provided under section 2319 of title 18, if the the Commission shall submit to the Com- sonable cause, the owner or lessee of a facil- infringement was committed— mittee on Commerce, Science, and Transpor- ity where a motion picture is being exhib- ‘‘(A) for purposes of commercial advantage tation of the Senate and the Committee on ited, the authorized agent or employee of or private financial gain; Energy and Commerce of the House of Rep- such owner or lessee, the licensor of the mo- ‘‘(B) by the reproduction or distribution, resentatives a report on the study conducted tion picture being exhibited, or the agent or including by electronic means, during any under subsection (a). The report shall— employee of such licensor— 180–day period, of 1 or more copies or (1) set forth a proposed definition of the ‘‘(1) may detain, in a reasonable manner phonorecords of 1 or more copyrighted term ‘‘promoter’’ for purposes of the Profes- and for a reasonable time, any person sus- works, which have a total retail value of sional Boxing Safety Act; and pected of a violation of this section for the more than $1,000; or (2) describe the findings, conclusions, and purpose of questioning or summoning a law ‘‘(C) by the distribution of a work being rationale of the Commission for the proposed enforcement officer; and prepared for commercial distribution, by definition, together with any recommenda- ‘‘(2) shall not be held liable in any civil or making it available on a computer network tions of the Commission, based on the study. criminal action arising out of a detention accessible to members of the public, if such SEC. 223. EFFECTIVE DATE. under paragraph (1). person knew or should have known that the (a) IN GENERAL.—Except as provided in ‘‘(e) VICTIM IMPACT STATEMENT.— work was intended for commercial distribu- subsection (b), the amendments made by this ‘‘(1) IN GENERAL.—During the preparation tion. title shall take effect on the date of enact- of the presentence report under rule 32(c) of ‘‘(2) EVIDENCE.—For purposes of this sub- ment of this Act. the Federal Rules of Criminal Procedure, section, evidence of reproduction or distribu- (b) 1-YEAR DELAY FOR CERTAIN TITLE II victims of an offense under this section shall tion of a copyrighted work, by itself, shall PROVISIONS.—Sections 205 through 212 of the be permitted to submit to the probation offi- not be sufficient to establish willful infringe- Professional Boxing Safety Act of 1996, as cer a victim impact statement that identi- ment of a copyright. added by section 221(a) of this title, shall fies the victim of the offense and the extent ‘‘(3) DEFINITION.—In this subsection, the take effect 1 year after the date of enact- and scope of the injury and loss suffered by term ‘work being prepared for commercial ment of this Act. the victim, including the estimated eco- distribution’ means— TITLE III—INTELLECTUAL PROPERTY nomic impact of the offense on that victim. ‘‘(A) a computer program, a musical work, SECTION 1. SHORT TITLE. ‘‘(2) CONTENTS.—A victim impact state- a motion picture or other audiovisual work, This Act may be cited as the ‘‘Family En- ment submitted under this subsection shall or a sound recording, if at the time of unau- tertainment and Copyright Act of 2004’’. include— thorized distribution—

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00142 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12079

‘‘(i) the copyright owner has a reasonable ‘‘(4) EFFECT OF UNTIMELY APPLICATION.—An TITLE II—EXEMPTION FROM INFRINGE- expectation of commercial distribution; and action under this chapter for infringement of MENT FOR SKIPPING AUDIO AND VIDEO ‘‘(ii) the copies or phonorecords of the a preregistered work, in a case in which the CONTENT IN MOTION PICTURES work have not been commercially distrib- infringement commenced no later than 2 SEC. 201. SHORT TITLE. uted; or months after the first publication of the This title may be cited as the ‘‘Family ‘‘(B) a motion picture, if at the time of un- work shall be dismissed if the items de- Movie Act of 2004’’. authorized distribution, the motion picture— scribed in paragraph (3) are not submitted to ‘‘(i) has been made available for viewing in SEC. 202. EXEMPTION FROM INFRINGEMENT FOR the Copyright Office in proper form within SKIPPING AUDIO AND VIDEO CON- a motion picture exhibition facility; and the earlier of— TENT IN MOTION PICTURES. ‘‘(ii) has not been made available in copies ‘‘(A) 3 months after the first publication of (a) IN GENERAL.—Section 110 of title 17, for sale to the general public in the United the work; or United States Code, is amended— States in a format intended to permit view- ‘‘(B) 1 month after the copyright owner has (1) in paragraph (9), by striking ‘‘and’’ ing outside a motion picture exhibition facil- learned of the infringement.’’. after the semicolon at the end; ity.’’. (b) INFRINGEMENT ACTIONS.—Section 411(a) (2) in paragraph (10), by striking the period (b) CRIMINAL PENALTIES.—Section 2319 of title 18, United States Code, is amended— of title 17, United States Code, is amended by at the end and inserting ‘‘; and’’; (1) in subsection (a)— inserting ‘‘preregistration or’’ after ‘‘shall be (3) by inserting after paragraph (10) the fol- (A) by striking ‘‘Whoever’’ and inserting instituted until’’. lowing: ‘‘(11) the making imperceptible, by or at ‘‘Any person who’’; and (c) EXCLUSION.—Section 412 of title 17, (B) by striking ‘‘and (c) of this section’’ United States Code, is amended by inserting the direction of a member of a private house- and inserting ‘‘, (c), and (d)’’; ‘‘, an action for infringement of the copy- hold, of limited portions of audio or video (2) in subsection (b), by striking ‘‘section right of a work that has been preregistered content of a motion picture, during a per- 506(a)(1)’’ and inserting ‘‘section under section 408(f) before the commence- formance in or transmitted to that house- 506(a)(1)(A)’’; ment of the infringement and that has an ef- hold for private home viewing, from an au- (3) in subsection (c), by striking ‘‘section fective date of registration not later than thorized copy of the motion picture, or the 506(a)(2) of title 17, United States Code’’ and the earlier of 3 months after the first publi- creation or provision of a computer program inserting ‘‘section 506(a)(1)(B) of title 17’’; cation of the work or 1 month after the copy- or other technology that enables such mak- (4) by redesignating subsections (d) and (e) right owner has learned of the infringe- ing imperceptible and that is designed and as subsections (e) and (f), respectively; ment,’’ after ‘‘section 106A(a)’’. marketed for such use at the direction of a (5) by adding after subsection (c) the fol- member of a private household, if no fixed SEC. 105. FEDERAL SENTENCING GUIDELINES. lowing: copy of the altered version of the motion pic- ‘‘(d) Any person who commits an offense (a) REVIEW AND AMENDMENT.—Not later ture is created by such computer program or under section 506(a)(1)(C) of title 17— than 180 days after the date of enactment of other technology.’’; and ‘‘(1) shall be imprisoned not more than 3 this Act, the United States Sentencing Com- (4) by adding at the end the following: years, fined under this title, or both; mission, pursuant to its authority under sec- ‘‘For purposes of paragraph (11), the term ‘‘(2) shall be imprisoned not more than 5 tion 994 of title 28, United States Code, and ‘making imperceptible’ does not include the years, fined under this title, or both, if the in accordance with this section, shall review addition of audio or video content that is offense was committed for purposes of com- and, if appropriate, amend the Federal sen- performed or displayed over or in place of ex- mercial advantage or private financial gain; tencing guidelines and policy statements ap- isting content in a motion picture. ‘‘(3) shall be imprisoned not more than 6 plicable to persons convicted of intellectual ‘‘Nothing in paragraph (11) shall be con- years, fined under this title, or both, if the property rights crimes, including any offense strued to imply further rights under section offense is a second or subsequent offense; and under— 106 of this title, or to have any effect on de- ‘‘(4) shall be imprisoned not more than 10 (1) section 506, 1201, or 1202 of title 17, fenses or limitations on rights granted under years, fined under this title, or both, if the United States Code; or any other section of this title or under any offense is a second or subsequent offense (2) section 2318, 2319, 2319A, 2319B, or 2320 of other paragraph of this section.’’. under paragraph (2).’’; and title 18, United States Code. (c) EXEMPTION FROM TRADEMARK INFRINGE- MENT.—Section 32 of the Trademark Act of (6) in subsection (f), as redesignated— (b) AUTHORIZATION.—The United States (A) in paragraph (1), by striking ‘‘and’’ at 1946 (15 U.S.C. 1114) is amended by adding at Sentencing Commission may amend the Fed- the end the following: the end; eral sentencing guidelines in accordance (B) in paragraph (2), by striking the period ‘‘(3)(A) Any person who engages in the con- with the procedures set forth in section 21(a) duct described in paragraph (11) of section at the end and inserting a semicolon; and of the Sentencing Act of 1987 (28 U.S.C. 994 (C) by adding at the end the following: 110 of title 17, United States Code, and who note) as though the authority under that complies with the requirements set forth in ‘‘(3) the term ‘financial gain’ has the mean- section had not expired. ing given the term in section 101 of title 17; that paragraph is not liable on account of and (c) RESPONSIBILITIES OF UNITED STATES such conduct for a violation of any right ‘‘(4) the term ‘work being prepared for SENTENCING COMMISSION.—In carrying out under this Act. This subparagraph does not commercial distribution’ has the meaning this section, the United States Sentencing preclude liability, nor shall it be construed given the term in section 506(a) of title 17.’’. Commission shall— to restrict the defenses or limitations on (1) take all appropriate measures to ensure rights granted under this Act, of a person for SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING PREPARED FOR that the Federal sentencing guidelines and conduct not described in paragraph (11) of COMMERCIAL DISTRIBUTION. policy statements described in subsection (a) section 110 of title 17, United States Code, (a) PREREGISTRATION.—Section 408 of title are sufficiently stringent to deter, and ade- even if that person also engages in conduct 17, United States Code, is amended by adding quately reflect the nature of, intellectual described in paragraph (11) of section 110 of at the end the following: property rights crimes; such title. ‘‘(f) PREREGISTRATION OF WORKS BEING (2) determine whether to provide a sen- ‘‘(B) A manufacturer, licensee, or licensor PREPARED FOR COMMERCIAL DISTRIBUTION.— tencing enhancement for those convicted of of technology that enables the making of ‘‘(1) RULEMAKING.—Not later than 180 days the offenses described in subsection (a), if limited portions of audio or video content of after the date of enactment of this sub- the conduct involves the display, perform- a motion picture imperceptible as described section, the Register of Copyrights shall ance, publication, reproduction, or distribu- in subparagraph (A) is not liable on account issue regulations to establish procedures for tion of a copyrighted work before it has been of such manufacture or license for a viola- preregistration of a work that is being pre- authorized by the copyright owner, whether tion of any right under this Act, if such man- pared for commercial distribution and has in the media format used by the infringing ufacturer, licensee, or licensor ensures that not been published. party or in any other media format; the technology provides a clear and con- ‘‘(2) CLASS OF WORKS.—The regulations es- (3) determine whether the scope of spicuous notice at the beginning of each per- tablished under paragraph (1) shall permit ‘‘uploading’’ set forth in application note 3 of formance that the performance of the mo- preregistration for any work that is in a section 2B5.3 of the Federal sentencing tion picture is altered from the performance class of works that the Register determines guidelines is adequate to address the loss at- intended by the director or copyright holder has had a history of infringement prior to tributable to people who broadly distribute of the motion picture. The limitations on li- authorized commercial distribution. copyrighted works without authorization ability in subparagraph (A) and this subpara- ‘‘(3) APPLICATION FOR REGISTRATION.—Not over the Internet; and graph shall not apply to a manufacturer, li- later than 3 months after a the first publica- (4) determine whether the sentencing censee, or licensor of technology that fails to tion of a work preregistered under this sub- guidelines and policy statements applicable comply with this paragraph. section, the applicant shall submit to the to the offenses described in subsection (a) ‘‘(C) The requirement under subparagraph Copyright Office— adequately reflect any harm to victims from (B) to provide notice shall apply only with ‘‘(A) an application for registration of the copyright infringement if law enforcement respect to technology manufactured after work; authorities cannot determine how many the end of the 180-day period beginning on ‘‘(B) a deposit; and times copyright material has been repro- the date of the enactment of the Family ‘‘(C) the applicable fee. duced or distributed. Movie Act of 2004.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00143 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12080 CONGRESSIONAL RECORD — SENATE December 8, 2004

‘‘(D) Any failure by a manufacturer, li- (c) NATIONAL FILM REGISTRY.—Section 106 TITLE V—ANTICOUNTERFEITING PROVI- censee, or licensor of technology to qualify of the National Film Preservation Act of 1996 SIONS AND FRAUDULENT ONLINE IDEN- for the exemption under subparagraphs (A) (2 U.S.C. 179p) is amended by adding at the TITY SANCTIONS and (B) shall not be construed to create an end the following: Subtitle A—Anticounterfeiting Provisions inference of liability for trademark infringe- ATIONAL UDIO ISUAL ONSERVATION ‘‘(e) N A -V C SEC. 501. SHORT TITLE. ment for any such party that engages in con- CENTER.—The Librarian shall utilize the Na- This subtitle may be cited as the duct described in paragraph (11) of section tional Audio-Visual Conservation Center of ‘‘Anticounterfeiting Act of 2004’’. 110 of title 17, United States Code.’’. the Library of Congress at Culpeper, Vir- SEC. 502. PROHIBITION AGAINST TRAFFICKING (d) DEFINITION.—In this section, the term ginia, to ensure that preserved films in- IN COUNTERFEIT COMPONENTS. ‘‘Trademark Act of 1946’’ means the Act enti- cluded in the National Film Registry are (a) IN GENERAL.—Section 2318 of title 18, tled ‘‘An Act to provide for the registration stored in a proper manner, and disseminated United States Code, is amended— and protection of trademarks used in com- to researchers, scholars, and the public as (1) by striking the section heading and in- merce, to carry out the provisions of certain may be appropriate in accordance with— serting the following: international conventions, and for other pur- ‘‘(1) title 17, United States Code; and ‘‘§ 2318. Trafficking in counterfeit labels, il- poses’’, approved July 5, 1946 (15 U.S.C. 1051 ‘‘(2) the terms of any agreements between et seq.). licit labels, or counterfeit documentation or the Librarian and persons who hold copy- packaging’’; TITLE III—NATIONAL FILM rights to such audiovisual works.’’. PRESERVATION (d) USE OF SEAL.—Section 107 (a) of the Na- (2) by striking subsection (a) and inserting Subtitle A—Reauthorization of the National tional Film Preservation Act of 1996 (2 U.S.C. the following: ‘‘(a) Whoever, in any of the circumstances Film Preservation Board 179q(a)) is amended— described in subsection (c), knowingly traf- (1) in paragraph (1), by inserting ‘‘in any SEC. 301. SHORT TITLE. fics in— format’’ after ‘‘or any copy’’; and This subtitle may be cited as the ‘‘Na- ‘‘(1) a counterfeit label or illicit label af- (2) in paragraph (2), by striking ‘‘or film tional Film Preservation Act of 2004’’. fixed to, enclosing, or accompanying, or de- copy’’ and inserting ‘‘in any format’’. SEC. 302. REAUTHORIZATION AND AMENDMENT. signed to be affixed to, enclose, or accom- (e) EFFECTIVE DATE.—Section 113 of the (a) DUTIES OF THE LIBRARIAN OF CON- pany— National Film Preservation Act of 1996 (2 GRESS.—Section 103 of the National Film ‘‘(A) a phonorecord; U.S.C. 179w) is amended by striking ‘‘7’’ and Preservation Act of 1996 (2 U.S.C. 179m) is ‘‘(B) a copy of a computer program; inserting ‘‘12’’. amended— ‘‘(C) a copy of a motion picture or other (1) in subsection (b)— Subtitle B—Reauthorization of the National audiovisual work; (A) by striking ‘‘film copy’’ each place that Film Preservation Foundation ‘‘(D) a copy of a literary work; term appears and inserting ‘‘film or other SEC. 311. SHORT TITLE. ‘‘(E) a copy of a pictorial, graphic, or approved copy’’; This subtitle may be cited as the ‘‘Na- sculptural work; (B) by striking ‘‘film copies’’ each place tional Film Preservation Foundation Reau- ‘‘(F) a work of visual art; or that term appears and inserting ‘‘film or thorization Act of 2004’’. ‘‘(G) documentation or packaging; or other approved copies’’; and SEC. 312. REAUTHORIZATION AND AMENDMENT. ‘‘(2) counterfeit documentation or pack- (C) in the third sentence, by striking (a) BOARD OF DIRECTORS.—Section 151703 of aging, shall be fined under this title or im- ‘‘copyrighted’’ and inserting ‘‘copyrighted, title 36, United States Code, is amended— prisoned for not more than 5 years, or mass distributed, broadcast, or published’’; (1) in subsection (b)(2)(A), by striking both.’’; and ‘‘nine’’ and inserting ‘‘12’’; and (3) in subsection (b)— (2) by adding at the end the following: (2) in subsection (b)(4), by striking the sec- (A) in paragraph (2), by striking ‘‘and’’ ‘‘(c) COORDINATION OF PROGRAM WITH ond sentence and inserting ‘‘There shall be after the semicolon; OTHER COLLECTION, PRESERVATION, AND AC- no limit to the number of terms to which (B) in paragraph (3)— CESSIBILITY ACTIVITIES.—In carrying out the any individual may be appointed.’’. (i) by striking ‘‘and ‘audiovisual work’ comprehensive national film preservation (b) POWERS.—Section 151705 of title 36, have’’ and inserting the following: ‘‘ ‘audio- program for motion pictures established United States Code, is amended in subsection visual work’, ‘literary work’, ‘pictorial, under the National Film Preservation Act of (b) by striking ‘‘District of Columbia’’ and 1992, the Librarian, in consultation with the graphic, or sculptural work’, ‘sound record- inserting ‘‘the jurisdiction in which the prin- Board established pursuant to section 104, ing’, ‘work of visual art’, and ‘copyright shall— cipal office of the corporation is located’’. owner’ have’’; and (c) PRINCIPAL OFFICE.—Section 151706 of ‘‘(1) carry out activities to make films in- (ii) by striking the period at the end and title 36, United States Code, is amended by cluded in the National Film registry more inserting a semicolon; and inserting ‘‘, or another place as determined broadly accessible for research and edu- (C) by adding at the end the following: by the board of directors’’ after ‘‘District of cational purposes, and to generate public ‘‘(4) the term ‘illicit label’ means a genuine Columbia’’. awareness and support of the Registry and certificate, licensing document, registration (d) AUTHORIZATION OF APPROPRIATIONS.— card, or similar labeling component— the comprehensive national film preserva- Section 151711 of title 36, United States Code, tion program; ‘‘(A) that is used by the copyright owner to is amended by striking subsections (a) and verify that a phonorecord, a copy of a com- ‘‘(2) review the comprehensive national (b) and inserting the following: film preservation plan, and amend it to the puter program, a copy of a motion picture or ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— extent necessary to ensure that it addresses other audiovisual work, a copy of a literary There are authorized to be appropriated to work, a copy of a pictorial, graphic, or sculp- technological advances in the preservation the Library of Congress amounts necessary and storage of, and access to film collections tural work, a work of visual art, or docu- to carry out this chapter, not to exceed mentation or packaging is not counterfeit or in multiple formats; and $530,000 for each of the fiscal years 2004 ‘‘(3) wherever possible, undertake expanded infringing of any copyright; and through 2008. These amounts are to be made ‘‘(B) that is, without the authorization of initiatives to ensure the preservation of the available to the corporation to match any moving image heritage of the United States, the copyright owner— private contributions (whether in currency, ‘‘(i) distributed or intended for distribution including film, videotape, television, and services, or property) made to the corpora- born digital moving image formats, by sup- not in connection with the copy, phono- tion by private persons and State and local record, or work of visual art to which such porting the work of the National Audio-Vis- governments. ual Conservation Center of the Library of labeling component was intended to be af- ‘‘(b) LIMITATION RELATED TO ADMINISTRA- fixed by the respective copyright owner; or Congress, and other appropriate nonprofit TIVE EXPENSES.—Amounts authorized under archival and preservation organizations.’’. ‘‘(ii) in connection with a genuine certifi- this section may not be used by the corpora- cate or licensing document, knowingly fal- (b) NATIONAL FILM PRESERVATION BOARD.— tion for management and general or fund- Section 104 of the National Film Preserva- sified in order to designate a higher number raising expenses as reported to the Internal tion Act of 1996 (2 U.S.C. 179n) is amended— of licensed users or copies than authorized Revenue Service as part of an annual infor- (1) in subsection (a)(1) by striking ‘‘20’’ and by the copyright owner, unless that certifi- mation return required under the Internal inserting ‘‘22’’; cate or document is used by the copyright Revenue Code of 1986.’’. (2) in subsection (a) (2) by striking ‘‘three’’ owner solely for the purpose of monitoring and inserting ‘‘5’’; TITLE IV—PRESERVATION OF ORPHAN or tracking the copyright owner’s distribu- (3) in subsection (d) by striking ‘‘11’’ and WORKS tion channel and not for the purpose of inserting ‘‘12’’; and SEC. 401. SHORT TITLE. verifying that a copy or phonorecord is non- (4) by striking subsection (e) and inserting This title may be cited as the ‘‘Preserva- infringing; the following: tion of Orphan Works Act’’. ‘‘(5) the term ‘documentation or pack- ‘‘(e) REIMBURSEMENT OF EXPENSES.—Mem- SEC. 402. REPRODUCTION OF COPYRIGHTED aging’ means documentation or packaging, bers of the Board shall serve without pay, WORKS BY LIBRARIES AND AR- in physical form, for a phonorecord, copy of but may receive travel expenses, including CHIVES. a computer program, copy of a motion pic- per diem in lieu of subsistence, in accordance Section 108(i) of title 17, United States ture or other audiovisual work, copy of a lit- with sections 5702 and 5703 of title 5, United Code, is amended by striking ‘‘(b) and (c)’’ erary work, copy of a pictorial, graphic, or States Code.’’. and inserting ‘‘(b), (c), and (h)’’. sculptural work, or work of visual art; and

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00144 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12081 ‘‘(6) the term ‘counterfeit documentation labels, or counterfeit documentation or Subtitle B—Fraudulent Online Identity or packaging’ means documentation or pack- packaging. Sanctions aging that appears to be genuine, but is ‘‘(C) DEFINITION.—For purposes of this SEC. 511. SHORT TITLE. not.’’; paragraph, the ‘value’ of a phonorecord, This subtitle may be cited as the ‘‘Fraudu- (4) in subsection (c)— copy, or work of visual art is— lent Online Identity Sanctions Act’’. (A) by striking paragraph (3) and inserting ‘‘(i) in the case of a copyrighted sound re- SEC. 512. AMENDMENT TO TRADEMARK ACT OF the following: cording or copyrighted musical work, the re- 1946. ‘‘(3) the counterfeit label or illicit label is tail value of an authorized phonorecord of Section 35 of the Act entitled ‘‘An Act to affixed to, encloses, or accompanies, or is de- that sound recording or musical work; provide for the registration and protection of signed to be affixed to, enclose, or accom- ‘‘(ii) in the case of a copyrighted computer trademarks used in commerce, to carry out pany— program, the retail value of an authorized the provisions of certain international con- ‘‘(A) a phonorecord of a copyrighted sound copy of that computer program; ventions, and for other purposes’’, approved recording or copyrighted musical work; ‘‘(iii) in the case of a copyrighted motion July 5, 1946 (commonly referred to as the ‘‘(B) a copy of a copyrighted computer pro- picture or other audiovisual work, the retail ‘‘Trademark Act of 1946’’; 15 U.S.C. 1117), is gram; value of an authorized copy of that motion amended by adding at the end the following ‘‘(C) a copy of a copyrighted motion pic- picture or audiovisual work; new subsection: ture or other audiovisual work; ‘‘(iv) in the case of a copyrighted literary ‘‘(e) In the case of a violation referred to in ‘‘(D) a copy of a literary work; work, the retail value of an authorized copy this section, it shall be a rebuttable pre- ‘‘(E) a copy of a pictorial, graphic, or of that literary work; sumption that the violation is willful for sculptural work; ‘‘(v) in the case of a pictorial, graphic, or purposes of determining relief if the violator, ‘‘(F) a work of visual art; or sculptural work, the retail value of an au- or a person acting in concert with the viola- ‘‘(G) copyrighted documentation or pack- thorized copy of that work; and tor, knowingly provided or knowingly caused aging; or’’; and ‘‘(vi) in the case of a work of visual art, the to be provided materially false contact infor- (B) in paragraph (4), by striking ‘‘for a retail value of that work. mation to a domain name registrar, domain computer program’’; and ‘‘(4) STATUTORY DAMAGES.—The injured name registry, or other domain name reg- (5) in subsection (d)— party may elect, at any time before final istration authority in registering, maintain- (A) by inserting ‘‘or illicit labels’’ after judgment is rendered, to recover, instead of ing, or renewing a domain name used in con- ‘‘counterfeit labels’’ each place it appears; actual damages and profits, an award of stat- nection with the violation. Nothing in this and utory damages for each violation of sub- subsection limits what may be considered a (B) by inserting before the period at the section (a) in a sum of not less than $2,500 or willful violation under this section.’’. end the following: ‘‘, and of any equipment, more than $25,000, as the court considers ap- SEC. 513. AMENDMENT TO TITLE 17, UNITED device, or material used to manufacture, re- propriate. STATES CODE. produce, or assemble the counterfeit labels ‘‘(5) SUBSEQUENT VIOLATION.—The court Section 504(c) of title 17, United States or illicit labels’’. may increase an award of damages under Code, is amended by adding at the end the following new paragraph: (b) CIVIL REMEDIES.—Section 2318 of title this subsection by 3 times the amount that ‘‘(3) (A) In a case of infringement, it shall 18, United States Code, is further amended would otherwise be awarded, as the court be a rebuttable presumption that the in- by adding at the end the following: considers appropriate, if the court finds that fringement was committed willfully for pur- ‘‘(f) CIVIL REMEDIES.— a person has subsequently violated subsection (a) within 3 years after a final judg- poses of determining relief if the violator, or ‘‘(1) IN GENERAL.—Any copyright owner a person acting in concert with the violator, who is injured, or is threatened with injury, ment was entered against that person for a violation of that subsection. knowingly provided or knowingly caused to by a violation of subsection (a) may bring a be provided materially false contact infor- ‘‘(6) LIMITATION ON ACTIONS.—A civil action civil action in an appropriate United States mation to a domain name registrar, domain district court. may not be commenced under this subsection unless it is commenced within 3 name registry, or other domain name reg- ‘‘(2) DISCRETION OF COURT.—In any action istration authority in registering, maintain- brought under paragraph (1), the court— years after the date on which the claimant discovers the violation of subsection (a).’’. ing, or renewing a domain name used in con- ‘‘(A) may grant 1 or more temporary or nection with the infringement. permanent injunctions on such terms as the (c) CONFORMING AMENDMENT.—The item re- ‘‘(B) Nothing in this paragraph limits what court determines to be reasonable to prevent lating to section 2318 in the table of sections may be considered willful infringement or restrain a violation of subsection (a); for chapter 113 of title 18, United States under this subsection. ‘‘(B) at any time while the action is pend- Code, is amended to read as follows: ‘‘(C) For purposes of this paragraph, the ing, may order the impounding, on such term ‘domain name’ has the meaning given terms as the court determines to be reason- ‘‘2318. Trafficking in counterfeit labels, il- that term in section 45 of the Act entitled able, of any article that is in the custody or licit labels, or counterfeit docu- ‘An Act to provide for the registration and control of the alleged violator and that the mentation or packaging.’’. protection of trademarks used in commerce, court has reasonable cause to believe was in- SEC. 503. OTHER RIGHTS NOT AFFECTED. to carry out the provisions of certain inter- volved in a violation of subsection (a); and national conventions, and for other purposes’ ‘‘(C) may award to the injured party— (a) CHAPTERS 5 AND 12 OF TITLE 17; ELEC- approved July 5, 1946 (commonly referred to ‘‘(i) reasonable attorney fees and costs; and TRONIC TRANSMISSIONS.—The amendments as the ‘Trademark Act of 1946’; 15 U.S.C. ‘‘(ii)(I) actual damages and any additional made by this subtitle— 1127).’’. profits of the violator, as provided in para- (1) shall not enlarge, diminish, or other- SEC. 514. AMENDMENT TO TITLE 18, UNITED graph (3); or wise affect any liability or limitations on li- STATES CODE. ‘‘(II) statutory damages, as provided in ability under sections 512, 1201, or 1202 of (a) SENTENCING ENHANCEMENT.—Section paragraph (4). title 17, United States Code; and 3559 of title 18, United States Code, is amend- ‘‘(3) ACTUAL DAMAGES AND PROFITS.— (2) shall not be construed to apply— ed by adding at the end the following: ‘‘(A) IN GENERAL.—The injured party is en- (A) in any case, to the electronic trans- ‘‘(f)(1) If a defendant who is convicted of a titled to recover— mission of a genuine certificate, licensing felony offense (other than offense of which ‘‘(i) the actual damages suffered by the in- document, registration card, similar labeling an element is the false registration of a do- jured party as a result of a violation of sub- component, or documentation or packaging main name) knowingly falsely registered a section (a), as provided in subparagraph (B) described in paragraph (4) or (5) of section domain name and knowingly used that do- of this paragraph; and 2318(b) of title 18, United States Code, as main name in the course of that offense, the ‘‘(ii) any profits of the violator that are at- amended by this subtitle; and maximum imprisonment otherwise provided tributable to a violation of subsection (a) (B) in the case of a civil action under sec- by law for that offense shall be doubled or in- and are not taken into account in computing tion 2318(f) of title 18, United States Code, to creased by 7 years, whichever is less. the actual damages. the electronic transmission of a counterfeit ‘‘(2) As used in this subsection— ‘‘(B) CALCULATION OF DAMAGES.—The court label or counterfeit documentation or pack- ‘‘(A) the term ‘falsely registers’ means reg- shall calculate actual damages by multi- aging defined in paragraph (1) or (6) of sec- isters in a manner that prevents the effec- plying— tion 2318(b) of title 18, United States Code. tive identification of or contact with the per- ‘‘(i) the value of the phonorecords, copies, son who registers; and AIR USE.—The amendments made by or works of visual art which are, or are in- (b) F ‘‘(B) the term ‘domain name’ has the tended to be, affixed with, enclosed in, or ac- this subtitle shall not affect the fair use, meaning given that term in section 45 of the companied by any counterfeit labels, illicit under section 107 of title 17, United States Act entitled ‘An Act to provide for the reg- labels, or counterfeit documentation or Code, of a genuine certificate, licensing doc- istration and protection of trademarks used packaging, by ument, registration card, similar labeling in commerce, to carry out the provisions of ‘‘(ii) the number of phonorecords, copies, component, or documentation or packaging certain international conventions, and for or works of visual art which are, or are in- described in paragraph (4) or (5) of section other purposes’ approved July 5, 1946 (com- tended to be, affixed with, enclosed in, or ac- 2318(b) of title 18, United States Code, as monly referred to as the ‘Trademark Act of companied by any counterfeit labels, illicit amended by this subtitle. 1946’) (15 U.S.C. 1127).’’.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00145 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12082 CONGRESSIONAL RECORD — SENATE December 8, 2004

(b) UNITED STATES SENTENCING COMMIS- ‘‘(C) the application for patent for the sylvania, originally introduced the legisla- SION.— claimed invention discloses or is amended to tion with strong bipartisan support in both (1) DIRECTIVE.—Pursuant to its authority disclose the names of the parties to the joint bodies of Congress; under section 994(p) of title 28, United States research agreement. Whereas with the help of their colleagues, Code, and in accordance with this section, ‘‘(3) For purposes of paragraph (2), the including cosponsors Gaylord Nelson, Wil- the United States Sentencing Commission term ‘joint research agreement’ means a liam Proxmire, Clinton P. Anderson, and shall review and amend the sentencing written contract, grant, or cooperative Henry ‘‘Scoop’’ M. Jackson, and other con- guidelines and policy statements to ensure agreement entered into by two or more per- servation allies, including Secretary of the that the applicable guideline range for a de- sons or entities for the performance of exper- Interior Stewart L. Udall and Representative fendant convicted of any felony offense car- imental, developmental, or research work in Morris K. Udall, Senator Humphrey and Rep- ried out online that may be facilitated the field of the claimed invention.’’. resentative Saylor toiled 8 years to secure through the use of a domain name registered SEC. 603. EFFECTIVE DATE. nearly unanimous passage of the legislation, with materially false contact information is (a) IN GENERAL.—The amendments made by 78 to 8 in the Senate, and 373 to 1 in the this title shall apply to any patent granted sufficiently stringent to deter commission of House of Representatives; on or after the date of the enactment of this such acts. Whereas critical support in the Senate for Act. (2) REQUIREMENTS.—In carrying out this the Wilderness Act came from 3 Senators subsection, the Sentencing Commission shall (b) SPECIAL RULE.—The amendments made by this title shall not affect any final deci- who still serve in the Senate as of 2004: Sen- provide sentencing enhancements for anyone ator Robert C. Byrd, Senator Daniel Inouye, convicted of any felony offense furthered sion of a court or the United States Patent and Trademark Office rendered before the and Senator Edward M. Kennedy; through knowingly providing or knowingly Whereas President John F. Kennedy, who causing to be provided materially false con- date of the enactment of this Act, and shall came into office in 1961 with enactment of tact information to a domain name reg- not affect the right of any party in any ac- wilderness legislation part of his administra- istrar, domain name registry, or other do- tion pending before the United States Patent tion’s agenda, was assassinated before he main name registration authority in reg- and Trademark Office or a court on the date could sign a bill into law; istering, maintaining, or renewing a domain of the enactment of this Act to have that Whereas 4 wilderness champions, Aldo name used in connection with the violation. party’s rights determined on the basis of the provisions of title 35, United States Code, in Leopold, Olaus Murie, Bob Marshall, and (3) DEFINITION.—For purposes of this sub- Howard Zahniser, sadly, also passed away be- section, the term ‘‘domain name’’ has the effect on the day before the date of the en- fore seeing the fruits of their labors ratified meaning given that term in section 45 of the actment of this Act. by Congress and sent to the President; Act entitled ‘‘An Act to provide for the reg- SA 4087. Mr. FRIST (for Mr. BINGA- Whereas President Lyndon B. Johnson istration and protection of trademarks used in commerce, to carry out the provisions of MAN (for himself and Mr. FEINGOLD)) signed into law the Wilderness Act in the certain international conventions, and for proposed an amendment to the resolu- Rose Garden on September 3, 1964, estab- other purposes’’, approved July 5, 1946 (com- tion S. Res. 387, commemorating the lishing a system of wilderness heritage as monly referred to as the ‘‘Trademark Act of 40th Anniversary of the Wilderness President Kennedy and the conservation 1946’’; 15 U.S.C. 1127). Act; as follows: community had so ardently envisioned and eloquently articulated; SEC. 515. CONSTRUCTION. Strike the preamble and insert the fol- Whereas now, as a consequence of wide (a) FREE SPEECH AND PRESS.—Nothing in lowing: popular support, the people of the United this subtitle shall enlarge or diminish any Whereas September 3, 2004, marked the rights of free speech or of the press for ac- States have a system of places wild and free 40th Anniversary of the enactment of the for the permanent good of the whole people tivities related to the registration or use of Wilderness Act (16 U.S.C. 1131 et seq.), which of this great Nation; domain names. gave to the people of the United States an Whereas over the past 40 years the system (b) DISCRETION OF COURTS IN DETERMINING enduring resource of natural heritage as part for protecting an enduring resource of wil- RELIEF.—Nothing in this subtitle shall re- of the National Wilderness Preservation Sys- derness has been built upon by subsequent strict the discretion of a court in deter- tem; Presidents, successive leaders of Congress, mining damages or other relief to be assessed Whereas American explorers Meriwether and experts in the land managing agencies against a person found liable for the in- Lewis, William Clark, and Sergeant York, within the Departments of the Interior and fringement of intellectual property rights. and Native American guide Sacajawea Agriculture; (c) DISCRETION OF COURTS IN DETERMINING helped the United States recognize the ex- Whereas today that system is 10 times TERMS OF IMPRISONMENT.—Nothing in this panse of American wilderness; larger than when first established; subtitle shall be construed to limit the dis- Whereas Native American leaders such as Whereas the Wilderness Act instituted an cretion of a court to determine the appro- Kiowa Chief Santanta, Chief Luther Stand- priate term of imprisonment for an offense ing Bear, and Chief Seattle recognized that unambiguous national policy to recognize under applicable law. the land involved was not in fact ‘‘wild’’, but the natural heritage of the United States as TITLE VI—COOPERATIVE RESEARCH AND existed as the land should be; a resource of value and to protect that wil- TECHNOLOGY ENHANCEMENT Whereas great American writers such as derness for future generations to use and enjoy as previous and current generations SEC. 601. SHORT TITLE. Ralph Waldo Emerson, Mary Austin, Henry have had the opportunity to do; This title may be cited as the ‘‘Cooperative David Thoreau, George Perkins Marsh, Isa- Whereas since 1964, when the first 9,000,000 Research and Technology Enhancement bella L. Bird, and John Muir joined poets acres of wilderness were included by Con- (CREATE) Act of 2004’’. like William Cullen Bryant, and painters such as Thomas Cole, Frederic Church, Fred- gress, more than 110 additional laws have SEC. 602. COLLABORATIVE EFFORTS ON CLAIMED been passed to build the National Wilderness INVENTIONS. eric Remington, Albert Bierstadt, Georgia Section 103(c) of title 35, United States O’Keefe, and Thomas Moran to define the Preservation System to its current size of Code, is amended to read as follows: United States’ distinct cultural value of wild 106,000,000 acres; ‘‘(c)(1) Subject matter developed by an- nature and unique concept of wilderness; Whereas wild places protected in per- other person, which qualifies as prior art Whereas national leaders such as President petuity can currently be found and enjoyed only under one or more of subsections (e), (f), Theodore Roosevelt reveled in outdoor pur- in 44 of the Nation’s 50 States; and (g) of section 102 of this title, shall not suits and sought diligently to preserve those Whereas this wealth of the heritage of the preclude patentability under this section opportunities for molding individual char- United States can be seen today from Alaska where the subject matter and the claimed in- acter, shaping a nation’s destiny, striving for to Florida in over 650 units, from Fire Island vention were, at the time the claimed inven- balance, and ensuring the wisest use of nat- in New York’s Long Island South Shore and tion was made, owned by the same person or ural resources, to provide the greatest good Ohio’s West Sister Island in Lake Erie, to far subject to an obligation of assignment to the for the greatest many; larger Mojave in eastern California and Ida- same person. Whereas luminaries in the conservation ho’s River of No Return; ‘‘(2) For purposes of this subsection, sub- movement, such as scientist Aldo Leopold, Whereas President Gerald R. Ford stated ject matter developed by another person and forester Bob Marshall, writer Howard that the National Wilderness Preservation a claimed invention shall be deemed to have Zahniser, teacher Sigurd Olson, biologists System ‘‘serves a basic need of all Ameri- been owned by the same person or subject to Olaus, Margaret (Mardy), and Adolph Murie, cans, even those who may never visit a wil- an obligation of assignment to the same per- conservation leader Celia Hunter, and con- derness area—the preservation of a vital ele- son if— servationist David Brower believed that the ment of our natural heritage’’ and that, ‘‘(A) the claimed invention was made by or people of the United States could have the ‘‘wilderness preservation ensures that a cen- on behalf of parties to a joint research agree- boldness to project into the eternity of the tral facet of our Nation can still be realized, ment that was in effect on or before the date future some of the wilderness that has come not just remembered’’; and the claimed invention was made; from the eternity of the past; Whereas President Gerald R. Ford has ‘‘(B) the claimed invention was made as a Whereas Senator Hubert H. Humphrey, a joined with President Jimmy Carter and result of activities undertaken within the Democrat from Minnesota, and Representa- more than 100 other prominent United States scope of the joint research agreement; and tive John Saylor, a Republican from Penn- citizens as honored members of Americans

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00146 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12083 for Wilderness, a committee formed to cele- brief colloquy for a point of clarifica- PROVIDING FOR SINE DIE AD- brate this national achievement: Now, there- tion on the bill, JOURNMENT OF THE SENATE fore, be it First, I wish to congratulate the Sen- AND HOUSE OF REPRESENTA- TIVES SA 4088. Mr. FRIST (for Mr. ROB- ator and others who worked tirelessly ERTS) proposed an amendment to the on this bill. This bill provides critical Mr. FRIST. I ask unanimous consent bill H.R. 2121, to amend the Eisenhower assistance to State and local govern- that the Senate now proceed to the Exchange Fellowship Act of 1990 to au- ments to help them reach the goals and consideration of H. Con. Res. 531, the thorize additional appropriations for standards set by Congress and the FCC adjournment resolution; provided that the Eisenhower Exchange Fellowship for bringing lifesaving E–911 service to the concurrent resolution be agreed to, Program Trust Fund, and for other all Americans. I especially commend and the motion to reconsider be laid purposes; as follows: the bill’s authors for providing much upon the table. On page 4, on lines 5 and 6, strike ‘‘for fis- needed financial assistance in the form The PRESIDING OFFICER. Without cal year 2004’’. of grants for training, equipment and objection, it is so ordered. f other needs in providing and advancing The concurrent resolution (H. Con. Res. 531) was agreed to, as follows: PRIVILEGES OF THE FLOOR E–911 service. H. CON. RES. 531 Ms. COLLINS. I ask unanimous con- I am very proud of my home State’s E–911 leaders. They, along with the Resolved by the House of Representatives (the sent floor privileges be extended to Senate concurring), That when the House ad- Deborah Barger, a CMA detailee in my wireless industry, have helped make journs on any legislative day from Tuesday, office, for the duration of today’s con- Tennessee one of the Nation’s leaders December 7, 2004, through Friday, December sideration of S. 2845. in wireless E–911 implementation. I am 10, 2004, on a motion offered pursuant to this The PRESIDING OFFICER. Without informed that to date all but one of our concurrent resolution by its Majority Leader objection, it is so ordered. 95 counties are Phase II E–911 ready, or his designee, it stand adjourned sine die, Ms. COLLINS. I ask unanimous con- with the goal of reaching 100 percent or until the time of any reassembly pursuant sent that the staff members of the Sen- to section 2 of this concurrent resolution; by the end of this year. Since 1998, our and that when the Senate adjourns on any ate Intelligence Committee be given State has committed itself to bringing day from Tuesday, December 7, 2004, through floor privileges during consideration of E–911 service to all its citizens, rural Saturday, December 11, 2004, on a motion of- the intelligence reform conference re- and urban, from Memphis to Mountain fered pursuant to this concurrent resolution port. City. by its Majority Leader or his designee, it The PRESIDING OFFICER. Without stand adjourned sine die, or until the time of However, much work remains to be objection, it is so ordered. any reassembly pursuant to section 2 of this Mr. LAUTENBERG. Mr. President, I done. Our State is re-writing its re- concurrent resolution. ask unanimous consent that floor quirements for 911 dispatchers and SEC. 2. The Speaker of the House and the their training. We currently have no Majority Leader of the Senate, or their re- privileges be extended to Bob Kenney, spective designees, acting jointly after con- a Brookings Legislative Fellow on loan formal training program or academy. In spite of all of Tennessee’s accom- sultation with the Minority Leader of the to my office from the Environmental House and the Minority Leader of the Sen- Protection Agency, for the rest of to- plishments, financial challenges con- ate, shall notify the Members of the House day’s session. tinue to grow. and the Senate, respectively, to reassemble The PRESIDING OFFICER. Without I am concerned that the Federal at such place and time as they may des- objection, it is so ordered. agency administering the bill’s grant ignate whenever, in their opinion, the public interest shall warrant it. f program will not give equal funding Passed the House of Representatives De- COMMERCIAL SPECTRUM and eligibility consideration to States cember 7, 2004. and localities that have achieved E–911 ENHANCEMENT ACT f service, thus penalizing States such as Mr. FRIST. I ask unanimous consent Tennessee and others for their accom- ORDERS FOR TUESDAY, JANUARY that the Senate now proceed to consid- plishments. Would such an outcome be 4, 2005 eration of H.R. 5419, which is at the the intent of the bill’s authors? desk. Mr. FRIST. I ask unanimous consent The PRESIDING OFFICER. The Mr. BURNS. I thank the Senator that when the Senate completes its clerk will report the bill by title. from Tennessee for his question and business today, it adjourn sine die The legislative clerk read as follows: commend his State for its leadership under the provisions of H. Con. Res. A bill (H.R. 5419) to amend the National on E–911 issues. It is not our intent to 531. Telecommunications and Information Ad- give any less priority in grant eligi- The PRESIDING OFFICER. Is there ministration Organization Act to facilitate bility and funding to States like Ten- objection? Without objection, it is so the reallocation of spectrum from govern- nessee that have made substantial ordered. mental to commercial users; to improve, en- progress in wireless E–911 deployment. Mr. FRIST. I further ask consent hance, and promote the Nation’s homeland that when the Senate returns on Tues- security, public safety, and citizen activated We recognize that once a State or local government achieves E–911 service, day, January 4, at 12 noon, following emergency response capabilities through the the presentation of the certificates of use of enhanced 911 services, to further up- other challenges and needs exist such grade Public Safety Answering Point capa- as those pointed out by the Senator. So election and the swearing in of elected bilities and related functions in receiving E– that was not our intent in the crafting Members, and the required live 911 calls, and to support in the construction of the ‘‘grants’’ provision. quorum, the morning hour then be and operation of a ubiquitous and reliable deemed expired, the Journal of pro- citizen activated system; and to provide that Mr. FRIST. I thank the Senator for ceedings be approved to date, the time funds received as universal service contribu- that clarification and commend his for the two leaders be reserved, and tions under section 254 of the Communica- leadership on this very important leg- that there then be a period for morning tions Act of 1934 and the universal service islation. business with Senators permitted to support programs established pursuant thereto are not subject to certain provisions Mr. FRIST. I ask unanimous consent speak for up to 10 minutes each. of title 31, United States Code, commonly that the bill be read a third time and The PRESIDING OFFICER. Without known as the Antideficiency Act, for a pe- passed, the motion to reconsider be objection, it is so ordered. riod of time. laid upon the table, and that any state- The Senator from Nevada. There being no objection, the Senate ments relating to the bill be printed in Mr. REID. Mr. President, the hour is proceeded to consider the bill. the RECORD. late, but let me say that I have some f real mixed emotions tonight. I have The PRESIDING OFFICER. Without had this desk for 6 years and it has LIFESAVING E–911 SERVICE objection, it is so ordered. been a great experience for me to serve Mr. FRIST. Mr. President, I wish to The bill (H.R. 5419) was read the third as the assistant leader, the whip, of the engage the Senator from Montana in a time and passed. Senate Democrats. I have learned so

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00147 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12084 CONGRESSIONAL RECORD — SENATE December 8, 2004 much being on the floor regarding pro- The PRESIDING OFFICER. The Sen- DISCHARGED NOMINATIONS cedures of this very classic body. I am ator from Tennessee. The Senate Committee on Foreign now going to move over one desk. As I Mr. FRIST. I can add very little to Relations was discharged from further have said on this floor previously, I what has just been said. But as Amer- consideration of the following nomina- will miss very much my dear friend, ica has watched and as our colleagues tions and the nominations were con- my brother, TOM DASCHLE. My ability have participated over the last, really, firmed: to function here these past 6 years has 6 hours, you have seen—not on the FOREIGN SERVICE NOMINATIONS BEGINNING WITH been based upon my relationship with floor, but we have all worked together DONNA LURLINE WOOLF AND ENDING WITH LISA BOBBIE Senator DASCHLE. over the course of the day to bring to SCHREIBER-HUGHES, WHICH NOMINATIONS WERE RE- CEIVED BY THE SENATE AND APPEARED IN THE CON- I look forward to my new job. I look resolution another major bill before we GRESSIONAL RECORD ON NOVEMBER 16, 2004. forward to working with my friend, the close out this session. We came to a FOREIGN SERVICE NOMINATIONS BEGINNING WITH CYNTHIA A. HALEY AND ENDING WITH WALTER D. PAT- distinguished Republican leader. I have lameduck, now, several weeks ago. TERSON, WHICH NOMINATIONS WERE RECEIVED BY THE said publicly and privately what a good Lameduck sessions are notoriously not SENATE AND APPEARED IN THE CONGRESSIONAL experience this will be for me. He has very productive. Both the Democratic RECORD ON NOVEMBER 16, 2004. dedicated 12 years of his life, at least, leader, our leadership, their leadership The Senate Committee on Energy to public service after having been a on the other side of the aisle, again and and Natural Resources was discharged very distinguished transplant surgeon. again said these lameducks never from further consideration of the fol- I look forward to our relationship. I produce very much, if you look at his- lowing nominations and the nomina- hope we can do some good things for tory. A lot of time is spent, although tions were confirmed: the country. I am certainly going to we clearly end up producing something. KAREN ALDERMAN HARBERT, OF THE DISTRICT OF CO- LUMBIA, TO BE AN ASSISTANT SECRETARY OF ENERGY try. I think if you look at this lameduck (INTERNATIONAL AFFAIRS AND DOMESTIC POLICY). I know that the experience of these session and the intervening time before JOHN S. SHAW, OF THE DISTRICT OF COLUMBIA, TO BE AN ASSISTANT SECRETARY OF ENERGY (ENVIRONMENT, past 6 years has been made much more coming back in this week, we can all be SAFETY AND HEALTH). interesting as a result of the chairman very proud of what has been accom- The Senate Committee on Health, of the Appropriations Committee, Sen- plished in the series of bills, the bill we Education, Labor, and Pensions was ator STEVENS, the President pro tem- just discussed and the series of bills we discharged from further consideration pore of the Senate. He is here tonight passed over the course of the day, and of the following nomination and the and this legislation that just passed is the major intelligence reform bill that nomination was confirmed: an indication of his tenaciousness and was passed. So we have had a very pro- VERONICA VARGAS STIDVENT, OF TEXAS, TO BE AN AS- the role model he sets for all of us. Six ductive session of which we can all be SISTANT SECRETARY OF LABOR. hours ago, none of us could have proud. f thought we would have accomplished As the Democratic leader said, I very this. A couple of hours ago, we wished much look forward to working with NOMINATIONS RETURNED TO THE he had not tried. But it is over with him and having this leadership team PRESIDENT AT SINE DIE AD- now. meet with their leadership team as we JOURNMENT OF 108TH CONGRESS I thank the staff very much for work- move forward in accomplishing what ON DECEMBER 8, 2004

ing as hard as they do and putting up America expects from us. LOUIS S. THOMPSON, OF MARYLAND, TO BE A MEMBER with our many delays which are nec- When the 109th Congress convenes on OF THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE YEARS. essary to move things forward. I wish January 4, we will immediately pro- ENRIQUE J. SOSA, OF FLORIDA, TO BE A MEMBER OF everyone a Merry Christmas and a ceed to the presentation of certificates THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE YEARS. Happy New Year. of election. Following the swearing in FAYZA VERONIQUE BOULAD RODMAN, OF THE DIS- Mr. STEVENS. Mr. President, if the ceremonies and the live quorum, the TRICT OF COLUMBIA, TO BE A MEMBER OF THE BROAD- Senator would yield just for a second, I CASTING BOARD OF GOVERNORS FOR A TERM EXPIRING Senate will consider the normal rou- AUGUST 13, 2006. want to thank the Senator from Ne- tine housekeeping matters of the 109th PETER CYRIL WYCHE FLORY, OF VIRGINIA, TO BE AN vada and tell him that I spent 8 years ASSISTANT SECRETARY OF DEFENSE. Congress beginning. ROBERT LERNER, OF MARYLAND, TO BE COMMIS- in the whip’s job and sought to move Once again, I thank everyone who SIONER OF EDUCATION STATISTICS FOR A TERM EXPIR- left. Unfortunately, it did not happen. ING JUNE 21, 2009. has contributed to our efforts during SUSAN JOHNSON GRANT, OF VIRGINIA, TO BE CHIEF FI- I do congratulate the Senator from the past Congress. We always want to NANCIAL OFFICER, DEPARTMENT OF ENERGY. Nevada, and we look forward to work- PAMELA HUGHES PATENAUDE, OF NEW HAMPSHIRE, TO mention the pages who are here to- BE AN ASSISTANT SECRETARY OF HOUSING AND URBAN ing with him and the assistant Demo- night at a little before 11. They have DEVELOPMENT. cratic leader. KIRK VAN TINE, OF VIRGINIA, TO BE DEPUTY SEC- been here all day. We thank them for RETARY OF TRANSPORTATION. I thank, Senator BURNS for his tena- their dedication, for their hard work in ROGER FRANCISCO NORIEGA, OF KANSAS, TO BE A ciousness on this bill, and I want to ac- MEMBER OF THE BOARD OF DIRECTORS OF THE INTER- making the cogs in this body function AMERICAN FOUNDATION FOR A TERM EXPIRING SEP- knowledge the really intense coopera- as well as they possibly could; the law TEMBER 20, 2006. tion of the Senator from Arizona, Mr. KIRON KANINA SKINNER, OF PENNSYLVANIA, TO BE A enforcement, the police who, again, are MEMBER OF THE NATIONAL SECURITY EDUCATION MCCAIN, and really praise my great and standing right outside the doors with BOARD FOR A TERM OF FOUR YEARS. longtime friend Senator BYRD from ROBERT L. CRANDALL, OF TEXAS, TO BE A MEMBER OF us, from early in the morning until THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE West Virginia for having recognized late at night; the cloakroom staff; the YEARS. the necessity to have this bill passed FLOYD HALL, OF NEW JERSEY, TO BE A MEMBER OF clerks who are here before us; the THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE before we go home for the recess. We many others who work to keep the in- YEARS. are really going to adjourn sine die. WALTER H. KANSTEINER, ASSISTANT SECRETARY OF stitution running. We appreciate their STATE (AFRICAN AFFAIRS), TO BE A MEMBER OF THE I do congratulate the Senator. He lis- service to this body. BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT tened to us. It is quite late. He has We are going to have a fresh start in FOUNDATION FOR A TERM EXPIRING SEPTEMBER 27, 2003. EPHRAIM BATAMBUZE, OF ILLINOIS, TO BE A MEMBER been quite gracious to proceed with us January. People are quite tired, pro- OF THE BOARD OF DIRECTORS OF THE AFRICAN DEVEL- on the commitment that we will producing all of this legislation. It is OPMENT FOUNDATION FOR A TERM EXPIRING FEBRUARY 9, 2008. tect the appropriations process in the going to be a fresh start. We all look EDWARD BREHM, OF MINNESOTA, TO BE A MEMBER OF future and work with him to make cer- forward to that. I do wish everybody a THE BOARD OF DIRECTORS OF THE AFRICAN DEVELOP- MENT FOUNDATION FOR A TERM EXPIRING NOVEMBER tain that the provisions of the law that happy holiday season. 13, 2007. govern expenditures of the money cov- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ered by the bill we just passed be fol- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE lowed, as far as the protection of the ADJOURNMENT SINE DIE AND RESPONSIBILITY UNDER TITLE 10 U.S.C. SECTION Treasury. And we will be consistent Mr. FRIST. If there is no further 601: LT. GEN. JOHN D. HOPPER JR., 0000, TO BE LIEUTENANT with the Constitution, as he has urged business to come before the Senate, I GENERAL. us so many times to be. ask unanimous consent that the Sen- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED I thank the Senator for his patience ate adjourn sine die, under the provi- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADES INDICATED UNDER in keeping us in session, and I am pre- sions of H. Con. Res. 531. TITLE 10, U.S.C., SECTION 12203: pared to take tickets here as we leave There being no objection, the Senate, COLONEL JAMES T WILLIAMS, 0000, TO BE BRIGADIER the floor. at 10:54 p.m., adjourned sine die. GENERAL.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00148 Fmt 4637 Sfmt 9801 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12085

THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED THE FOLLOWING ARMY NATIONAL GUARD OF THE MAJ. GEN. STANLEY E. GREEN, 0000, TO BE LIEUTENANT STATES OFFICER FOR APPOINTMENT IN THE RESERVE UNITED STATES OFFICERS FOR APPOINTMENT IN THE GENERAL. OF THE AIR FORCE TO THE GRADE INDICATED UNDER RESERVE OF THE ARMY TO THE GRADES INDICATED TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 12203: CHARLES P. RUCH, OF SOUTH DAKOTA, TO BE A MEM- BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- BRIG. GEN. HAROLD A. CROSS, 0000, TO BE MAJOR GEN- BRIGADIER GENERAL ROBLEY S. RIGDON, 0000, TO BE WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION ERAL. MAJOR GENERAL. FOUNDATION FOR A TERM EXPIRING AUGUST 11, 2010. FAYZA VERONIQUE BOULAD RODMAN, OF THE DIS- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL LINWOOD M. SAWYER, 0000, TO BE BRIGADIER GENERAL. TRICT OF COLUMBIA, TO BE A MEMBER OF THE BROAD- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CASTING BOARD OF GOVERNORS FOR A TERM EXPIRING CATED UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AUGUST 13, 2006. COLONEL ROBERT R. ALLARDICE, 0000, TO BE BRIGADIER IN THE UNITED STATES ARMY TO THE GRADE INDICATED KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE CHAIR- GENERAL. UNDER TITLE 10, U.S.C., SECTION 624: MAN OF THE BROADCASTING BOARD OF GOVERNORS. COLONEL C.D. ALSTON, 0000, TO BE BRIGADIER GENERAL. KENNETH Y. TOMLINSON, OF VIRGINIA, TO BE A MEM- COL. GERALD E. FERGUSON JR., 0000, TO BE BRIGADIER BER OF THE BROADCASTING BOARD OF GOVERNORS FOR COLONEL THOMAS K. ANDERSEN, 0000, TO BE BRIGADIER GENERAL. GENERAL. A TERM EXPIRING AUGUST 13, 2007. COLONEL BROOKS L. BASH, 0000, TO BE BRIGADIER GEN- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT D. JEFFREY HIRSCHBERG, OF WISCONSIN, TO BE A ERAL. IN THE RESERVE OF THE ARMY TO THE GRADES INDI- MEMBER OF THE BROADCASTING BOARD OF GOVERNORS COLONEL MICHAEL J. BASLA, 0000, TO BE BRIGADIER CATED UNDER TITLE 10, U.S.C., SECTION 12203: FOR A TERM EXPIRING AUGUST 13, 2007. GENERAL. GARY LEE VISSCHER, OF MARYLAND, TO BE A MEMBER COLONEL MARK S. BORKOWSKI, 0000, TO BE BRIGADIER BRIG. GEN. MICHAEL A. KUEHR, 0000, TO BE MAJOR GEN- OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION GENERAL. ERAL. BOARD FOR A TERM OF FIVE YEARS. WILLIAM A. SCHAMBRA, OF VIRGINIA, TO BE A MEMBER COLONEL FRANCIS M. BRUNO, 0000, TO BE BRIGADIER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GENERAL. OF THE BOARD OF DIRECTORS OF THE CORPORATION IN THE RESERVE OF THE ARMY TO THE GRADE INDI- FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM COLONEL HERBERT J. CARLISLE, 0000, TO BE BRIGADIER CATED UNDER TITLE 10, U.S.C., SECTION 12203: GENERAL. EXPIRING SEPTEMBER 14, 2006. COLONEL GARY S. CONNOR, 0000, TO BE BRIGADIER GEN- BRIG. GEN. RONALD D. SILVERMAN, 0000, TO BE MAJOR DONNA N. WILLIAMS, OF TEXAS, TO BE A MEMBER OF ERAL. GENERAL. THE BOARD OF DIRECTORS OF THE CORPORATION FOR COLONEL CHARLES R. DAVIS, 0000, TO BE BRIGADIER NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- GENERAL. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PIRING OCTOBER 6, 2006. COLONEL DANIEL R. DINKINS JR., 0000, TO BE BRIGADIER IN THE UNITED STATES ARMY TO THE GRADE INDICATED CYNTHIA BOICH, OF CALIFORNIA, TO BE A MEMBER OF GENERAL. UNDER TITLE 10, U.S.C., SECTION 624: THE BOARD OF DIRECTORS OF THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- COLONEL GREGORY A. FEEST, 0000, TO BE BRIGADIER BRIGADIER GENERAL VINCENT E. BOLES, 0000, TO BE PIRING OCTOBER 6, 2007. GENERAL. MAJOR GENERAL. HENRY LOZANO, OF CALIFORNIA, TO BE A MEMBER OF COLONEL FRANK GORENC, 0000, TO BE BRIGADIER GEN- BRIGADIER GENERAL THOMAS P. BOSTICK, 0000, TO BE THE BOARD OF DIRECTORS OF THE CORPORATION FOR ERAL. MAJOR GENERAL. NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- COLONEL BLAIR E. HANSEN, 0000, TO BE BRIGADIER GEN- BRIGADIER GENERAL HOWARD B. BROMBERG, 0000, TO BE PIRING OCTOBER 6, 2008. ERAL. MAJOR GENERAL. DOROTHY A. JOHNSON, OF MICHIGAN, TO BE A MEMBER COLONEL MARY K. HERTOG, 0000, TO BE BRIGADIER GEN- BRIGADIER GENERAL SEAN J. BYRNE, 0000, TO BE MAJOR OF THE BOARD OF DIRECTORS OF THE CORPORATION ERAL. GENERAL. FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM COLONEL JIMMIE C. JACKSON JR., 0000, TO BE BRIGADIER BRIGADIER GENERAL CHARLES A. CARTWRIGHT, 0000, TO EXPIRING OCTOBER 6, 2007. GENERAL. BE MAJOR GENERAL. COLONEL FRANK J. KISNER, 0000, TO BE BRIGADIER GEN- BRIGADIER GENERAL THOMAS R. CSRNKO, 0000, TO BE EDWARD L. FLIPPEN, OF VIRGINIA, TO BE INSPECTOR ERAL. MAJOR GENERAL. GENERAL, CORPORATION FOR NATIONAL AND COMMU- COLONEL JAMES M. KOWALSKI, 0000, TO BE BRIGADIER BRIGADIER GENERAL JOHN DEFREITAS III, 0000, TO BE NITY SERVICE. GENERAL. MAJOR GENERAL. CLAUDIA PUIG, OF FLORIDA, TO BE A MEMBER OF THE COLONEL DONALD LUSTIG, 0000, TO BE BRIGADIER GEN- BRIGADIER GENERAL ROBERT E. DURBIN, 0000, TO BE BOARD OF DIRECTORS OF THE CORPORATION FOR PUB- ERAL. MAJOR GENERAL. LIC BROADCASTING FOR A TERM EXPIRING JANUARY 31, COLONEL WILLIAM N. MCCASLAND, 0000, TO BE BRIGA- BRIGADIER GENERAL DAVID A. FASTABEND, 0000, TO BE 2008. DIER GENERAL. MAJOR GENERAL. GAY HART GAINES, OF FLORIDA, TO BE A MEMBER OF COLONEL CHRISTOPHER D. MILLER, 0000, TO BE BRIGA- BRIGADIER GENERAL CHARLES W. FLETCHER JR., 0000, THE BOARD OF DIRECTORS OF THE CORPORATION FOR DIER GENERAL. TO BE MAJOR GENERAL. PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- COLONEL HAROLD W. MOULTON II, 0000, TO BE BRIGADIER BRIGADIER GENERAL DANIEL A. HAHN, 0000, TO BE ARY 31, 2004. GENERAL. MAJOR GENERAL. MICHAEL D. GALLAGHER, OF WASHINGTON, TO BE AS- COLONEL JOSEPH F. MUDD JR., 0000, TO BE BRIGADIER BRIGADIER GENERAL RHETT A. HERNANDEZ, 0000, TO BE SISTANT SECRETARY OF COMMERCE FOR COMMUNICA- GENERAL. MAJOR GENERAL. TIONS AND INFORMATION. COLONEL MARK H. OWEN, 0000, TO BE BRIGADIER GEN- BRIGADIER GENERAL MARK P. HERTLING, 0000, TO BE THEODORE WILLIAMS KASSINGER, OF MARYLAND, TO ERAL. BE DEPUTY SECRETARY OF COMMERCE. COLONEL ELLEN M. PAWLIKOWSKI, 0000, TO BE BRIGA- MAJOR GENERAL. BRIGADIER GENERAL JAY W. HOOD, 0000, TO BE MAJOR ALBERT A. FRINK, JR., OF CALIFORNIA, TO BE AN AS- DIER GENERAL. SISTANT SECRETARY OF COMMERCE. COLONEL ROBIN RAND, 0000, TO BE BRIGADIER GENERAL. GENERAL. BRIGADIER GENERAL CHARLES H. JACOBY JR., 0000, TO JONATHAN W. DUDAS, OF VIRGINIA, TO BE UNDER SEC- COLONEL JOSEPH M. REHEISER, 0000, TO BE BRIGADIER RETARY OF COMMERCE FOR INTELLECTUAL PROPERTY GENERAL. BE MAJOR GENERAL. BRIGADIER GENERAL JEROME JOHNSON, 0000, TO BE AND DIRECTOR OF THE UNITED STATES PATENT AND COLONEL JOSEPH REYNES JR., 0000, TO BE BRIGADIER TRADEMARK OFFICE. GENERAL. MAJOR GENERAL. BRIGADIER GENERAL GARY M. JONES, 0000, TO BE MAJOR R. BRUCE MATTHEWS, OF NEW MEXICO, TO BE A MEM- COLONEL ALBERT F. RIGGLE, 0000, TO BE BRIGADIER BER OF THE DEFENSE NUCLEAR FACILITIES SAFETY GENERAL. GENERAL. BRIGADIER GENERAL WILLIAM M. LENAERS, 0000, TO BE BOARD FOR A TERM EXPIRING OCTOBER 18, 2005. COLONEL PAUL G. SCHAFER, 0000, TO BE BRIGADIER GEN- MICHAEL W. WYNNE, OF FLORIDA, TO BE UNDER SEC- ERAL. MAJOR GENERAL. BRIGADIER GENERAL DOUGLAS E. LUTE, 0000, TO BE RETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, COLONEL STEPHEN D. SCHMIDT, 0000, TO BE BRIGADIER AND LOGISTICS. GENERAL. MAJOR GENERAL. BRIGADIER GENERAL JAMES R. MYLES, 0000, TO BE JOHN PAUL WOODLEY, JR., OF VIRGINIA, TO BE AN AS- COLONEL MARK S. SOLO, 0000, TO BE BRIGADIER GEN- SISTANT SECRETARY OF THE ARMY. ERAL. MAJOR GENERAL. BRIGADIER GENERAL ROGER A. NADEAU, 0000, TO BE JOHN J. YOUNG, JR., OF VIRGINIA, TO BE DEPUTY COLONEL LAWRENCE A. STUTZRIEM, 0000, TO BE BRIGA- UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND DIER GENERAL. MAJOR GENERAL. BRIGADIER GENERAL DAVID M. RODRIGUEZ, 0000, TO BE TECHNOLOGY. COLONEL JANET ANTHEA THERIANOS, 0000, TO BE BRIGA- KIRON KANINA SKINNER, OF PENNSYLVANIA, TO BE A DIER GENERAL. MAJOR GENERAL. BRIGADIER GENERAL RICHARD J. ROWE JR., 0000, TO BE MEMBER OF THE NATIONAL SECURITY EDUCATION COLONEL ROBERT YATES, 0000, TO BE BRIGADIER GEN- BOARD FOR A TERM OF FOUR YEARS. ERAL. MAJOR GENERAL. BRIGADIER GENERAL JEFFREY J. SCHLOESSER, 0000, TO RAYMOND F. DUBOIS, OF THE DISTRICT OF COLUMBIA, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE MAJOR GENERAL. TO BE DEPUTY UNDER SECRETARY OF DEFENSE FOR LO- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BRIGADIER GENERAL JEFFREY A. SORENSON, 0000, TO BE GISTICS AND MATERIEL READINESS. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MAJOR GENERAL. BUDDIE J. PENN, OF VIRGINIA, TO BE AN ASSISTANT AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BRIGADIER GENERAL ABRAHAM J. TURNER, 0000, TO BE SECRETARY OF THE NAVY. 601: MAJOR GENERAL. GERALD REYNOLDS, OF MISSOURI, TO BE ASSISTANT BRIGADIER GENERAL ROBERT M. WILLIAMS, 0000, TO BE SECRETARY FOR CIVIL RIGHTS, DEPARTMENT OF EDUC- LT. GEN. RONALD E. KEYS, 0000, TO BE GENERAL. MAJOR GENERAL. TION. ROBERT LERNER, OF MARYLAND, TO BE COMMIS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL RICHARD P. ZAHNER, 0000, TO BE MAJOR GENERAL. SIONER OF EDUCATION STATISTICS FOR A TERM EXPIR- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ING JUNE 21, 2009. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RAYMOND SIMON, OF ARKANSAS, TO BE ASSISTANT AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE RESERVE OF THE ARMY TO THE GRADES INDI- SECRETARY FOR ELEMENTARY AND SECONDARY EDU- 601: CATED UNDER TITLE 10, U.S.C., SECTION 12203: CATION. EUGENE HICKOK, OF PENNSYLVANIA, TO BE DEPUTY MAJ. GEN. STEPHEN R. LORENZ, 0000, TO BE LIEUTENANT BRIG. GEN. DONNA L. DACIER, 0000, TO BE MAJOR GEN- GENERAL. SECRETARY OF EDUCATION. ERAL. CRAIG T. RAMEY, OF WEST VIRGINIA, TO BE A MEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. CHARLES K. EBNER, 0000, TO BE BRIGADIER GEN- OF THE BOARD OF DIRECTORS OF THE NATIONAL BOARD IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ERAL. FOR EDUCATION SCIENCES FOR A TERM OF TWO YEARS. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CRISTINA BEATO, OF NEW MEXICO, TO BE MEDICAL DI- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE RESERVE OF THE ARMY TO THE GRADE INDI- RECTOR IN THE REGULAR CORPS OF THE PUBLIC 601: CATED UNDER TITLE 10, U.S.C., SECTION 12203: HEALTH SERVICE, SUBJECT TO THE QUALIFICATIONS THEREFOR AS PROVIDED BY LAW AND REGULATIONS, MAJ. GEN. KEVIN P. CHILTON, 0000, TO BE LIEUTENANT COL. JULIA A. KRAUS, 0000, TO BE BRIGADIER GENERAL. AND TO BE AN ASSISTANT SECRETARY OF HEALTH AND GENERAL. HUMAN SERVICES. FLOYD HALL, OF NEW JERSEY, TO BE A MEMBER OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL R. LEVINSON, OF MARYLAND, TO BE INSPEC- REFORM BOARD (AMTRAK) FOR A TERM OF FIVE IN THE UNITED STATES ARMY TO THE GRADE INDICATED TOR GENERAL, DEPARTMENT OF HEALTH AND HUMAN YEARS. UNDER TITLE 10, U.S.C., SECTION 624: SERVICES. ENRIQUE J. SOSA, OF FLORIDA, TO BE A MEMBER OF THE COL. JAMES O. BARCLAY III, 0000, TO BE BRIGADIER GEN- CLARK KENT ERVIN, OF TEXAS, TO BE INSPECTOR GEN- REFORM BOARD (AMTRAK) FOR A TERM OF FIVE ERAL. ERAL, DEPARTMENT OF HOMELAND SECURITY. YEARS. COL. DONALD M. CAMPBELL JR., 0000, TO BE BRIGADIER CLARK KENT ERVIN, OF TEXAS, TO BE INSPECTOR GEN- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GENERAL. ERAL, DEPARTMENT OF HOMELAND SECURITY, TO IN THE UNITED STATES ARMY TO THE GRADE INDICATED COL. DENNIS E. ROGERS, 0000, TO BE BRIGADIER GEN- WHICH POSITION HE WAS APPOINTED DURING THE LAST UNDER TITLE 10, U.S.C., SECTION 624: ERAL. RECESS OF THE SENATE. CATHY M. MACFARLANE, OF VIRGINIA, TO BE AN AS- BRIG. GEN. STEVEN R. HAWKINS, 0000, TO BE MAJOR GEN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SISTANT SECRETARY OF HOUSING AND URBAN DEVEL- ERAL. IN THE UNITED STATES ARMY TO THE GRADE INDICATED OPMENT. BRIG. GEN. BENJAMIN C. FREAKLEY, 0000, TO BE MAJOR WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DENNIS C. SHEA, OF VIRGINIA, TO BE AN ASSISTANT GENERAL. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SECRETARY OF HOUSING AND URBAN DEVELOPMENT.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00149 Fmt 4637 Sfmt 9801 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12086 CONGRESSIONAL RECORD — SENATE December 8, 2004

ROMOLO A. BERNARDI, OF NEW YORK, TO BE DEPUTY JUANITA ALICIA VASQUEZ-GARDNER, OF TEXAS, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECRETARY OF HOUSING AND URBAN DEVELOPMENT. A MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY IN THE UNITED STATES NAVAL RESERVE TO THE GRADE CARIN M. BARTH, OF TEXAS, TO BE CHIEF FINANCIAL S TRUMAN SCHOLARSHIP FOUNDATION FOR A TERM EX- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: OFFICER, DEPARTMENT OF HOUSING AND URBAN DEVEL- PIRING DECEMBER 10, 2009, TO WHICH POSITION SHE WAS OPMENT. APPOINTED DURING THE LAST RECESS OF THE SENATE. CAPT. CAROL M. POTTENGER, 0000, TO BE REAR ADMIRAL EARL CRUZ AGUIGUI, OF GUAM, TO BE UNITED STATES ROGER FRANCISCO NORIEGA, OF KANSAS, TO BE A (LOWER HALF). MARSHAL FOR THE DISTRICT OF GUAM AND CONCUR- MEMBER OF THE BOARD OF DIRECTORS OF THE INTER- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RENTLY UNITED STATES MARSHAL FOR THE DISTRICT AMERICAN FOUNDATION FOR A TERM EXPIRING SEP- IN THE UNITED STATES NAVAL RESERVE TO THE GRADE OF THE NORTHERN MARIANA ISLANDS FOR THE TERM TEMBER 20, 2006. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: OF FOUR YEARS. ADOLFO A. FRANCO, OF VIRGINIA, TO BE A MEMBER OF GRETCHEN C. F. SHAPPERT, OF NORTH CAROLINA, TO THE BOARD OF DIRECTORS OF THE INTER-AMERICAN CAPT. ALBERT GARCIA III, 0000, TO BE REAR ADMIRAL BE UNITED STATES ATTORNEY FOR THE WESTERN DIS- FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2008. (LOWER HALF). TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR ADOLFO A. FRANCO, OF VIRGINIA, TO BE A MEMBER OF YEARS. THE BOARD OF DIRECTORS OF THE INTER-AMERICAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LANCE ROBERT OLSON, OF IOWA, TO BE UNITED FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2008. IN THE UNITED STATES NAVAL RESERVE TO THE GRADE STATES MARSHAL FOR THE NORTHERN DISTRICT OF ROGER W. WALLACE, OF TEXAS, TO BE A MEMBER OF INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IOWA FOR THE TERM OF FOUR YEARS. THE BOARD OF DIRECTORS OF THE INTER-AMERICAN CAPT. NATHAN E. JONES, 0000, TO BE REAR ADMIRAL ALBERTO R. GONZALES, OF TEXAS, TO BE ATTORNEY FOUNDATION FOR A TERM EXPIRING OCTOBER 6, 2008. (LOWER HALF). GENERAL. NADINE HOGAN, OF FLORIDA, TO BE A MEMBER OF THE GRANT S. GREEN, JR., OF VIRGINIA, TO BE DEPUTY BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECRETARY OF STATE FOR MANAGEMENT AND RE- DATION FOR A TERM EXPIRING JUNE 26, 2008. IN THE UNITED STATES NAVY TO THE GRADE INDICATED SOURCES. JACK VAUGHN, OF TEXAS, TO BE A MEMBER OF THE UNDER TITLE 10, U.S.C., SECTION 624: HOWARD J. KRONGARD, OF NEW JERSEY, TO BE IN- BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUN- SPECTOR GENERAL, DEPARTMENT OF STATE. DATION FOR A TERM EXPIRING SEPTEMBER 20, 2006. CAPT. VICTOR C. SEE JR., 0000, TO BE REAR ADMIRAL ALDONA WOS, OF NORTH CAROLINA, TO BE AMBAS- NADINE HOGAN, OF FLORIDA, TO BE A MEMBER OF THE (LOWER HALF). SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUN- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE UNITED STATES OF AMERICA TO THE REPUBLIC OF DATION FOR A TERM EXPIRING JUNE 26, 2008. IN THE UNITED STATES NAVY TO THE GRADE INDICATED ESTONIA, TO WHICH POSITION SHE WAS APPOINTED DUR- JACK VAUGHN, OF TEXAS, TO BE A MEMBER OF THE UNDER TITLE 10, U.S.C., SECTION 624: ING THE LAST RECESS OF THE SENATE. BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUN- CHARLES GRAVES UNTERMEYER, OF TEXAS, TO BE AM- DATION FOR A TERM EXPIRING SEPTEMBER 20, 2006. CAPT. KEVIN M. MCCOY, 0000, TO BE REAR ADMIRAL BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF ROGER W. WALLACE, OF TEXAS, TO BE A MEMBER OF (LOWER HALF). THE UNITED STATES OF AMERICA TO THE STATE OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN CAPT. WILLIAM D. RODRIGUEZ, 0000, TO BE REAR ADMI- QATAR, TO WHICH POSITION HE WAS APPOINTED DURING FOUNDATION FOR A TERM EXPIRING OCTOBER 6, 2008. RAL (LOWER HALF). THE LAST RECESS OF THE SENATE. JAY PHILLIP GREENE, OF FLORIDA, TO BE A MEMBER JOHN D. ROOD, OF FLORIDA, TO BE AMBASSADOR EX- OF THE BOARD OF TRUSTEES OF THE JAMES MADISON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM EX- IN THE UNITED STATES NAVY TO THE GRADE INDICATED STATES OF AMERICA TO THE COMMONWEALTH OF THE PIRING NOVEMBER 17, 2005. UNDER TITLE 10, U.S.C., SECTION 624: BAHAMAS, TO WHICH POSITION HE WAS APPOINTED DUR- DAVID WESLEY FLEMING, OF CALIFORNIA, TO BE A CAPT. CHRISTINE M. BRUZEK-KOHLER, 0000, TO BE REAR ING THE LAST RECESS OF THE SENATE. MEMBER OF THE BOARD OF TRUSTEES OF THE JAMES ADMIRAL (LOWER HALF). LINDA MORRISON COMBS, OF NORTH CAROLINA, TO BE MADISON MEMORIAL FELLOWSHIP FOUNDATION FOR A AN ASSISTANT SECRETARY OF TRANSPORTATION. TERM EXPIRING MAY 29, 2007. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KIRK VAN TINE, OF VIRGINIA, TO BE DEPUTY SEC- JOHN RICHARD PETROCIK, OF MISSOURI, TO BE A MEM- IN THE UNITED STATES NAVY TO THE GRADE INDICATED RETARY OF TRANSPORTATION. BER OF THE BOARD OF TRUSTEES OF THE JAMES MADI- UNDER TITLE 10, U.S.C., SECTION 624: SUE ELLEN WOOLDRIDGE, OF VIRGINIA, TO BE SOLIC- SON MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM ITOR OF THE DEPARTMENT OF THE INTERIOR. EXPIRING SEPTEMBER 27, 2008. CAPT. RAYMOND E. BERUBE, 0000, TO BE REAR ADMIRAL GREGORY FRANKLIN JENNER, OF OREGON, TO BE AN GEORGE PERDUE, OF GEORGIA, TO BE A MEMBER OF (LOWER HALF). ASSISTANT SECRETARY OF THE TREASURY. THE BOARD OF TRUSTEES OF THE JAMES MADISON ME- CAPT. JOHN J. PRENDERGAST III, 0000, TO BE REAR ADMI- PAUL JONES, OF COLORADO, TO BE A MEMBER OF THE MORIAL FELLOWSHIP FOUNDATION FOR A TERM EXPIR- RAL (LOWER HALF). ING NOVEMBER 5, 2006. INTERNAL REVENUE SERVICE OVERSIGHT BOARD FOR A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LILLIAN R. BEVIER, OF VIRGINIA, TO BE A MEMBER OF TERM EXPIRING SEPTEMBER 14, 2008. IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE BOARD OF DIRECTORS OF THE LEGAL SERVICES JESUS H. DELGADO-JENKINS, OF ILLINOIS, TO BE AN UNDER TITLE 10, U.S.C., SECTION 624: ASSISTANT SECRETARY OF THE TREASURY. CORPORATION FOR A TERM EXPIRING JULY 13, 2004. HAROLD DAMELIN, OF VIRGINIA, TO BE INSPECTOR THOMAS A. FUENTES, OF CALIFORNIA, TO BE A MEM- REAR ADM. (LH) ALAN S. THOMPSON, 0000, TO BE REAR GENERAL, DEPARTMENT OF THE TREASURY. BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- ADMIRAL. RAYMOND THOMAS WAGNER, JR., OF MISSOURI, TO BE ICES CORPORATION FOR A TERM EXPIRING JULY 13, 2005. A MEMBER OF THE INTERNAL REVENUE SERVICE OVER- THOMAS A. FUENTES, OF CALIFORNIA, TO BE A MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED SIGHT BOARD FOR A TERM EXPIRING SEPTEMBER 14, BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- UNDER TITLE 10, U.S.C., SECTION 624: 2009. ICES CORPORATION FOR A TERM EXPIRING JULY 13, 2005. BERNICE PHILLIPS, OF NEW YORK, TO BE A MEMBER OF LUIS LUNA, OF MARYLAND, TO BE AN ASSISTANT AD- CAPT. PETER M. GRANT III, 0000, TO BE REAR ADMIRAL THE BOARD OF DIRECTORS OF THE LEGAL SERVICES MINISTRATOR OF THE ENVIRONMENTAL PROTECTION (LOWER HALF). AGENCY. CORPORATION FOR A TERM EXPIRING JULY 13, 2005. CHARLES JOHNSON, OF UTAH, TO BE CHIEF FINANCIAL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OFFICER, ENVIRONMENTAL PROTECTION AGENCY. IN THE UNITED STATES MARINE CORPS RESERVE TO THE IN THE UNITED STATES NAVY TO THE GRADE INDICATED ANN R. KLEE, OF VIRGINIA, TO BE AN ASSISTANT AD- GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: MINISTRATOR OF THE ENVIRONMENTAL PROTECTION COL. CRAIG T. BODDINGTON, 0000, TO BE BRIGADIER GEN- REAR ADM. (LH) NANCY J. LESCAVAGE, 0000, TO BE REAR AGENCY. ERAL. ADMIRAL. THOMAS V. SKINNER, OF ILLINOIS, TO BE AN ASSIST- ANT ADMINISTRATOR OF THE ENVIRONMENTAL PROTEC- BRIGADIER GENERAL DON T. RILEY, UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TION AGENCY. ARMY, TO BE A MEMBER AND PRESIDENT OF THE MIS- IN THE UNITED STATES NAVY TO THE GRADE INDICATED STEPHEN L. JOHNSON, OF MARYLAND, TO BE DEPUTY SISSIPPI RIVER COMMISSION, UNDER THE PROVISIONS UNDER TITLE 10, U.S.C., SECTION 624: ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION OF SECTION 2 OF AN ACT OF CONGRESS, APPROVED JUNE AGENCY. 1879 (21 STAT. 37) (33 USC 642). CAPT. MARK W. BALMERT, 0000, TO BE REAR ADMIRAL NAOMI CHURCHILL EARP, OF VIRGINIA, TO BE A MEM- MICHAEL BUTLER, OF TENNESSEE, TO BE A MEMBER (LOWER HALF). BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MISSION FOR A TERM EXPIRING JULY 1, 2005. SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- IN THE UNITED STATES NAVY TO THE GRADE INDICATED ADAM MARC LINDEMANN, OF NEW YORK, TO BE A MEM- MENTAL POLICY FOUNDATION FOR A TERM EXPIRING UNDER TITLE 10, U.S.C., SECTION 624: BER OF THE ADVISORY BOARD FOR CUBA BROAD- OCTOBER 6, 2008. CASTING FOR A TERM EXPIRING OCTOBER 27, 2005. D. MICHAEL RAPPOPORT, OF ARIZONA, TO BE A MEM- REAR ADM. (LH) JEFFREY A. BROOKS, 0000, TO BE REAR JORGE A. PLASENCIA, OF FLORIDA, TO BE A MEMBER BER OF THE BOARD OF TRUSTEES OF THE MORRIS K. ADMIRAL. OF THE ADVISORY BOARD FOR CUBA BROADCASTING UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL FOR A TERM EXPIRING OCTOBER 27, 2006. ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LINDA MYSLIWY CONLIN, OF NEW JERSEY, TO BE A PIRING OCTOBER 6, 2008. IN THE UNITED STATES NAVY TO THE GRADE INDICATED MEMBER OF THE BOARD OF DIRECTORS OF THE EXPORT- ALLEN WEINSTEIN, OF MARYLAND, TO BE ARCHIVIST UNDER TITLE 10, U.S.C., SECTION 624: IMPORT BANK OF THE UNITED STATES FOR A TERM EX- OF THE UNITED STATES. REAR ADM. (LH) ROBERT B. MURRETT, 0000, TO BE REAR PIRING JANUARY 20, 2007. HARRY ROBINSON, JR., OF TEXAS, TO BE A MEMBER OF ADMIRAL. RONALD ROSENFELD, OF OKLAHOMA, TO BE A DIREC- THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM TOR OF THE FEDERAL HOUSING FINANCE BOARD FOR EXPIRING DECEMBER 6, 2008. GREGORY B. JACZKO, OF THE DISTRICT OF COLUMBIA, THE REMAINDER OF THE TERM EXPIRING FEBRUARY 27, RICHARD KENNETH WAGNER, OF FLORIDA, TO BE A TO BE A MEMBER OF THE NUCLEAR REGULATORY COM- 2009. MEMBER OF THE NATIONAL INSTITUTE FOR LITERACY MISSION FOR A TERM EXPIRING JUNE 30, 2008. PETER EIDE, OF MARYLAND, TO BE GENERAL COUNSEL ADVISORY BOARD FOR A TERM EXPIRING NOVEMBER 25, ALBERT HENRY KONETZNI, JR., OF NEW YORK, TO BE A OF THE FEDERAL LABOR RELATIONS AUTHORITY FOR A 2006. MEMBER OF THE NUCLEAR REGULATORY COMMISSION TERM OF FIVE YEARS. WILLIAM HARDIMAN, OF MICHIGAN, TO BE A MEMBER FOR A TERM EXPIRING JUNE 30, 2009. A. PAUL ANDERSON, OF FLORIDA, TO BE A FEDERAL OF THE BOARD OF DIRECTORS OF THE NATIONAL INSTI- EDWIN D. WILLIAMSON, OF SOUTH CAROLINA, TO BE DI- MARITIME COMMISSIONER FOR THE TERM EXPIRING TUTE OF BUILDING SCIENCES FOR A TERM EXPIRING RECTOR OF THE OFFICE OF GOVERNMENT ETHICS FOR A JUNE 30, 2007. SEPTEMBER 7, 2006. TERM OF FIVE YEARS. STANLEY C. SUBOLESKI, OF VIRGINIA, TO BE A MEM- RONALD E. MEISBURG, OF VIRGINIA, TO BE A MEMBER TONY HAMMOND, OF VIRGINIA, TO BE A COMMISSIONER BER OF THE FEDERAL MINE SAFETY AND HEALTH RE- OF THE NATIONAL LABOR RELATIONS BOARD FOR THE OF THE POSTAL RATE COMMISSION FOR A TERM EXPIR- VIEW COMMISSION FOR A TERM OF SIX YEARS EXPIRING TERM OF FIVE YEARS EXPIRING AUGUST 27, 2008. ING OCTOBER 14, 2010. AUGUST 30, 2006. RONALD E. MEISBURG, OF VIRGINIA, TO BE A MEMBER JACK EDWIN MCGREGOR, OF CONNECTICUT, TO BE A DAVID B. RIVKIN, JR., OF VIRGINIA, TO BE A MEMBER OF THE NATIONAL RELATIONS BOARD FOR THE TERM OF MEMBER OF THE ADVISORY BOARD OF THE SAINT LAW- OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF FIVE YEARS EXPIRING AUGUST 27, 2008. RENCE SEAWAY DEVELOPMENT CORPORATION. THE UNITED STATES FOR THE TERM EXPIRING SEP- A. WILSON GREENE, OF VIRGINIA, TO BE A MEMBER OF SCOTT KEVIN WALKER, OF WISCONSIN, TO BE A MEM- TEMBER 30, 2004. THE NATIONAL MUSEUM AND LIBRARY SERVICES BOARD BER OF THE ADVISORY BOARD OF THE SAINT LAWRENCE BRIAN DAVID MILLER, OF VIRGINIA, TO BE INSPECTOR FOR A TERM EXPIRING DECEMBER 6, 2009. SEAWAY DEVELOPMENT CORPORATION. GENERAL, GENERAL SERVICES ADMINISTRATION. KATINA P. STRAUCH, OF SOUTH CAROLINA, TO BE A TERRENCE W. BOYLE, OF NORTH CAROLINA, TO BE JUANITA ALICIA VASQUEZ-GARDNER, OF TEXAS, TO BE MEMBER OF THE NATIONAL MUSEUM AND LIBRARY UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- A MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY SERVICES BOARD FOR A TERM EXPIRING DECEMBER 6, CUIT. S TRUMAN SCHOLARSHIP FOUNDATION FOR A TERM EX- 2009. RICHARD A. GRIFFIN, OF MICHIGAN, TO BE UNITED PIRING DECEMBER 10, 2003. JAMES WILLIAM CARR, OF ARKANSAS, TO BE A MEM- STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT. PATRICK LLOYD MCCRORY, OF NORTH CAROLINA, TO BER OF THE NATIONAL SECURITY EDUCATION BOARD CAROLYN B. KUHL, OF CALIFORNIA, TO BE UNITED BE A MEMBER OF THE BOARD OF TRUSTEES OF THE FOR A TERM OF FOUR YEARS. STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. HARRY S TRUMAN SCHOLARSHIP FOUNDATION FOR A GEORGE M. DENNISON, OF MONTANA, TO BE A MEMBER DAVID W. MCKEAGUE, OF MICHIGAN, TO BE UNITED TERM EXPIRING DECEMBER 10, 2005. OF THE NATIONAL SECURITY EDUCATION BOARD FOR A STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT. JUANITA ALICIA VASQUEZ-GARDNER, OF TEXAS, TO BE TERM OF FOUR YEARS. SUSAN BIEKE NEILSON, OF MICHIGAN, TO BE UNITED A MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY ANDREW J. MCKENNA, JR., OF ILLINOIS, TO BE A MEM- STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT. S TRUMAN SCHOLARSHIP FOUNDATION FOR A TERM EX- BER OF THE NATIONAL SECURITY EDUCATION BOARD PRISCILLA RICHMAN OWEN, OF TEXAS, TO BE UNITED PIRING DECEMBER 10, 2003. FOR A TERM OF FOUR YEARS. STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00150 Fmt 4637 Sfmt 9801 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12087

CHARLES W. PICKERING, SR., OF MISSISSIPPI, TO BE COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM TONI CHRISTIANSEN-WAGNER IN THE FOREIGN SERVICE UNITED STATES CIRCUIT JUDGE FOR THE FIFTH CIR- OF FIFTEEN YEARS. DENIS P. COLEMAN, JR. IN THE FOREIGN SERVICE CUIT. NOEL ANKETELL KRAMER, OF THE DISTRICT OF CO- DAVID J. WILSON IN THE MARINE CORPS TO BE LIEUTEN- HENRY W. SAAD, OF MICHIGAN, TO BE UNITED STATES LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE DISTRICT ANT COLONEL CIRCUIT JUDGE FOR THE SIXTH CIRCUIT. OF COLUMBIA COURT OF APPEALS FOR THE TERM OF AMY V. DUNNING IN THE MARINE CORPS TO BE COLONEL JAMES C. DEVER III, OF NORTH CAROLINA, TO BE FIFTEEN YEARS. MICHAEL AKSELRUD IN THE MARINE CORPS TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN JAY T. SNYDER, OF NEW YORK, TO BE A MEMBER OF MAJOR DISTRICT OF NORTH CAROLINA. THE UNITED STATES ADVISORY COMMISSION ON PUBLIC 2 NOMINATIONS IN THE NATIONAL OCEANIC AND AT- THOMAS L. LUDINGTON, OF MICHIGAN, TO BE UNITED DIPLOMACY FOR A TERM EXPIRING JULY 1, 2007. MOSPHERIC ADMINISTRATION BEGINNING WITH JAMES STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT JAMES R. KUNDER, OF VIRGINIA, TO BE AN ASSISTANT D. RATHBUN AND ENDING WITH ANDREW P. SEAMAN. OF MICHIGAN. ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. WILLIAM H. PRYOR, JR., OF ALABAMA, TO BE UNITED DAVID B. WEIDING IN THE NAVY TO BE COMMANDER STATES CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT. DANIEL PIPES, OF PENNSYLVANIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED STATES ROBERT J. CONRAD, JR., OF NORTH CAROLINA, TO BE THOMAS C. DORR, OF IOWA, TO BE UNDER SECRETARY INSTITUTE OF PEACE FOR A TERM EXPIRING JANUARY UNITED STATES DISTRICT JUDGE FOR THE WESTERN OF AGRICULTURE FOR RURAL DEVELOPMENT. 19, 2005. DISTRICT OF NORTH CAROLINA. THOMAS C. DORR, OF IOWA, TO BE A MEMBER OF THE DANIEL PIPES, OF PENNSYLVANIA, TO BE A MEMBER DANIEL P. RYAN, OF MICHIGAN, TO BE UNITED STATES BOARD OF DIRECTORS OF THE COMMODITY CREDIT COR- OF THE BOARD OF DIRECTORS OF THE UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MICHI- PORATION. INSTITUTE OF PEACE FOR A TERM EXPIRING JANUARY GAN. 19, 2005. WILLIAM GERRY MYERS III, OF IDAHO, TO BE UNITED CHARLOTTE A. LANE, OF WEST VIRGINIA, TO BE A f STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT. MEMBER OF THE UNITED STATES INTERNATIONAL JANICE R. BROWN, OF CALIFORNIA, TO BE UNITED TRADE COMMISSION FOR A TERM EXPIRING DECEMBER CONFIRMATIONS STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- 16, 2009. BIA CIRCUIT. DANIEL PEARSON, OF MINNESOTA, TO BE A MEMBER Executive nominations confirmed by BRETT M. KAVANAUGH, OF MARYLAND, TO BE UNITED OF THE UNITED STATES INTERNATIONAL TRADE COM- STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- MISSION FOR THE TERM EXPIRING JUNE 16, 2011. the Senate December 8, 2004: BIA CIRCUIT. DEBORAH ANN SPAGNOLI, OF CALIFORNIA, TO BE A WILLIAM JAMES HAYNES II, OF VIRGINIA, TO BE COMMISSIONER OF THE UNITED STATES PAROLE COM- DEPARTMENT OF ENERGY UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- MISSION FOR A TERM OF SIX YEARS. SUSAN JOHNSON GRANT, OF VIRGINIA, TO BE CHIEF FI- CUIT. CAROLYN L. GALLAGHER, OF TEXAS, TO BE A GOV- NANCIAL OFFICER, DEPARTMENT OF ENERGY. PETER G. SHERIDAN, OF NEW JERSEY, TO BE UNITED ERNOR OF THE UNITED STATES POSTAL SERVICE FOR THE ABOVE NOMINATION WAS APPROVED SUBJECT TO STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW THE REMAINDER OF THE TERM EXPIRING DECEMBER 8, THE NOMINEE’S COMMITMENT TO RESPOND TO RE- JERSEY. 2005. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY CLAUDE A. ALLEN, OF VIRGINIA, TO BE UNITED STATES LOUIS J. GIULIANO, OF NEW YORK, TO BE A GOVERNOR CONSTITUTED COMMITTEE OF THE SENATE. CIRCUIT JUDGE FOR THE FOURTH CIRCUIT. OF THE UNITED STATES POSTAL SERVICE FOR A TERM KAREN ALDERMAN HARBERT, OF THE DISTRICT OF CO- CHARLES W. PICKERING, SR., OF MISSISSIPPI, TO BE EXPIRING DECEMBER 8, 2009. LUMBIA, TO BE AN ASSISTANT SECRETARY OF ENERGY UNITED STATES CIRCUIT JUDGE FOR THE FIFTH CIR- LOUIS J. GIULIANO, OF NEW YORK, TO BE A GOVERNOR (INTERNATIONAL AFFAIRS AND DOMESTIC POLICY). CUIT. OF THE UNITED STATES POSTAL SERVICE FOR A TERM JOHN S. SHAW, OF THE DISTRICT OF COLUMBIA, TO BE WILLIAM H. PRYOR, OF ALABAMA, TO BE UNITED EXPIRING DECEMBER 8, 2009. AN ASSISTANT SECRETARY OF ENERGY (ENVIRONMENT, STATES CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT. CAROLYN L. GALLAGHER, OF TEXAS, TO BE A GOV- SAFETY AND HEALTH). THOMAS B. GRIFFITH, OF UTAH, TO BE UNITED STATES ERNOR OF THE UNITED STATES POSTAL SERVICE FOR CIRCUIT JUDGE FOR THE DISTRICT OF COLUMBIA CIR- THE REMAINDER OF THE TERM EXPIRING DECEMBER 8, DEPARTMENT OF LABOR CUIT. 2005. LAURA A. CORDERO, OF THE DISTRICT OF COLUMBIA, RICARDO H. HINOJOSA, OF TEXAS, TO BE CHAIR OF THE VERONICA VARGAS STIDVENT, OF TEXAS, TO BE AN AS- TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT UNITED STATES SENTENCING COMMISSION. SISTANT SECRETARY OF LABOR. OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- 23 NOMINATIONS IN THE AIR FORCE BEGINNING WITH DEPARTMENT OF JUSTICE TEEN YEARS. PAUL N. AUSTIN AND ENDING WITH FLORENCE A. VAL- JULIET JOANN MCKENNA, OF THE DISTRICT OF COLUM- LEY. WILLIAM SANCHEZ, OF FLORIDA, TO BE SPECIAL COUN- BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR 134 NOMINATIONS IN THE AIR FORCE BEGINNING WITH SEL FOR IMMIGRATION-RELATED UNFAIR EMPLOYMENT COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM TRAVIS R. ADAMS AND ENDING WITH WENDY J. WYSE. PRACTICES FOR A TERM OF FOUR YEARS. OF FIFTEEN YEARS. 17 NOMINATIONS IN THE AIR FORCE BEGINNING WITH FOREIGN SERVICE NOMINATIONS BEGINNING DONNA PAUL A. CROTTY, OF NEW YORK, TO BE UNITED STATES STEPHEN M. ALLEN AND ENDING WITH THEADORE L. LURLINE WOOLF AND ENDING LISA BOBBIE SCHREIBER- DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW WILSON. HUGHES, WHICH NOMINATIONS WERE RECEIVED BY THE YORK. 57 NOMINATIONS IN THE AIR FORCE BEGINNING WITH SENATE AND APPEARED IN THE CONGRESSIONAL SEAN F. COX, OF MICHIGAN, TO BE UNITED STATES DIS- STEVEN G. ALLRED AND ENDING WITH JOHN R. RECORD ON NOVEMBER 16, 2004. TRICT JUDGE FOR THE EASTERN DISTRICT OF MICHIGAN. WROCKLOFF. FOREIGN SERVICE NOMINATIONS BEGINNING CYNTHIA J. MICHAEL SEABRIGHT, OF HAWAII, TO BE UNITED 1425 NOMINATIONS IN THE AIR FORCE BEGINNING WITH A. HALEY AND ENDING WALTER D. PATTERSON, WHICH STATES DISTRICT JUDGE FOR THE DISTRICT OF HAWAII. DAVID C. ABRUZZI AND ENDING WITH MICHAEL J. ZUBER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JENNIFER M. ANDERSON, OF THE DISTRICT OF COLUM- 49 NOMINATIONS IN THE ARMY BEGINNING WITH STAN- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR LEY P . ALLEN AND ENDING WITH HENRY J. YOUNG. 16, 2004.

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00151 Fmt 4637 Sfmt 9801 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY Wednesday, December 8, 2004 Daily Digest

HIGHLIGHTS Senate agreed to the Conference Report to accompany S. 2845, National Intelligence Reform Act. Senate agreed to the Conference Report to accompany H.R. 4548, Intel- ligence Authorization Act. Senate agreed to H. Con. Res. 531, providing for the sine die adjournment of the second session of the One Hundred Eighth Congress. Senate Energy Act of 1954 has played in development of Chamber Action peaceful uses of atomic energy, and the resolution Routine Proceedings, pages S11937–S12087 was then agreed to. Page S12019 Measures Introduced: Three bills and three resolu- Kilauea Point National Wildlife Refuge Expan- tions were introduced, as follows: S. 3033–3035, and sion Act: Committee on Environment and Public S. Res. 485–487. Page S12068 Works was discharged from further consideration of Measures Passed: H.R. 2619, to provide for the expansion of Kilauea Relative to the Death of J. Stanley Kimmitt: Point National Wildlife Refuge, and the bill was Senate agreed to S. Res. 486, relative to the death then passed, clearing the measure for the President. of J. Stanley Kimmitt, Former Secretary of the Sen- Page S12019 ate. Pages S12017–18 Junk Fax Prevention Act: Senate passed S. 2603, Microenterprise Results and Accountability Act: to amend section 227 of the Communications Act of Senate passed H.R. 3818, to amend the Foreign As- 1934 (47 U.S.C. 227) relating to the prohibition on sistance Act of 1961 to improve the results and ac- junk fax transmissions, after agreeing to the fol- countability of microenterprise development assist- lowing amendment proposed thereto: Page S12020 ance programs, clearing the measure for the Presi- Frist (for McCain/Cornyn) Amendment No. 4086, Page S12020 dent. Page S12018 in the nature of a substitute. Private Relief: Senate passed S. 3034, for the re- Castillo de San Marcos National Monument lief of Susan Overton Huey. Page S12018 Boundary Adjustment Act: Committee on Energy and Natural Resources was discharged from further Wilderness Act Anniversary: Committee on En- consideration of H.R. 2457, to authorize funds for ergy and Natural Resources was discharged from fur- an educational center for the Castillo de San Marcos ther consideration of S. Res. 387, commemorating National Monument, and the bill was then passed, the 40th Anniversary of the Wilderness Act, and the clearing the measure for the President. Page S12020 resolution was then agreed to, after agreeing to the following amendment proposed thereto: Everglades National Park Land Exchange: Sen- Pages S12018–19 ate passed H.R. 3785, to authorize the exchange of Frist (for Bingaman/Feingold) Amendment No. certain land in Everglades National Park, clearing 4087 (to the preamble), to add additional history re- the measure for the President. Page S12020 lating to the wilderness. Pages S12018–19 U.S. Justices Judges Salary Adjustments: Senate Atomic Energy Act of 1954 Recognition: Com- passed H.R. 5363, to authorize salary adjustments mittee on Environment and Public Works was dis- for Justices and judges of the United States for fiscal charged from further consideration of S. Con. Res. year 2005, clearing the measure for the President. 151, recognizing the essential role that the Atomic Page S12020 D1128

VerDate Aug 04 2004 06:10 Dec 09, 2004 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE4.REC D08DE4 December 8, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D1129 American Bald Eagle Recovery and National phonorecords, and the bill was then passed, clearing Emblem Commemorative Coin Act: Senate passed the measure for the President. Page S12029 H.R. 4116, to require the Secretary of the Treasury Eisenhower Exchange Fellowship Program Trust to mint coins celebrating the recovery and restora- Fund Enhancement Act: Committee on Foreign Re- tion of the American bald eagle, the national symbol lations was discharged from further consideration of of the United States, to America’s lands, waterways, H.R. 2121, to amend the Eisenhower Exchange Fel- and skies and the great importance of the designa- lowship Act of 1990 to authorize additional appro- tion of the American bald eagle as an ‘‘endangered’’ priations for the Eisenhower Exchange Fellowship species under the Endangered Species Act of 1973, Program Trust Fund, and the bill was then passed, clearing the measure for the President. after agreeing to the following amendment proposed Pages S12020–21 thereto: Page S12029 Ukraine Elections: Senate agreed to S. Res. 487, Frist (for Roberts) Amendment No. 4088, to re- expressing the sense of the Senate regarding the No- move a fiscal year limitation from an authorization vember 21, 2004, Presidential runoff election in of appropriations. Page S12029 Ukraine. Page S12021 Arrow Components Taxation: Senate passed H.R. Private Relief: Committee on the Judiciary was 5394, to amend the Internal Revenue Code of 1986 discharged from further consideration of H.R. 530, to modify the taxation of arrow components, clearing for the relief of Tanya Andrea Goudeau, and the bill the measure for the President. Page S12029 was then passed, clearing the measure for the Presi- Public Health Service Act Amendment: Senate dent. Page S12021 passed H.R. 5204, to amend section 340E of the Sudden Oak Death Syndrome Control: Senate Public Health Service Act (relating to children’s hos- passed H.R. 4569, to provide for the development of pitals) to modify provisions regarding the determina- a national plan for the control and management of tion of the amount of payments for indirect expenses Sudden Oak Death, a tree disease caused by the fun- associated with operating approved graduate medical gus-like pathogen Phytophthora ramorum, clearing residency training programs, clearing the measure for the President. Page S12029 the measure for the President. Page S12026 Sudden Oak Death Syndrome Control Act: Com- University of Miami Marine Life Science Cen- mittee on Agriculture, Nutrition, and Forestry was ter: Committee on Commerce, Science, and Trans- discharged from further consideration of S. 2575, to portation was discharged from further consideration direct the Secretary of Agriculture to conduct re- of H.R. 4027, to authorize the Secretary of Com- search, monitoring, management, treatment, and merce to make available to the University of Miami outreach activities relating to sudden oak death syn- property under the administrative jurisdiction of the drome and to convene regular meetings of, or con- National Oceanic and Atmospheric Administration on Virginia Key, Florida, for use by the University duct regular consultations with, Federal, State, trib- for a Marine Life Science Center, and the bill was al, and local government officials to provide rec- then passed, clearing the measure for the President. ommendations on how to carry out those activities, Page S12029 and the bill was then passed. Pages S12026–27 Commercial Space Launch Amendments Act: District of Columbia Retirement Protection Im- Senate passed H.R. 5382, to promote the develop- provement Act: Senate passed H.R. 4657, to amend ment of the emerging commercial human space the Balanced Budget Act of 1997 to improve the ad- flight industry, clearing the measure for the Presi- ministration of Federal pension benefit payments for dent. Page S12029 District of Columbia teachers, police officers, and firefighters, clearing the measure for the President. Enhance 911 Act: Senate passed H.R. 5419, to Pages S12027–28 amend the NationalTelecommunications and Infor- mation Administration Organization Act to facilitate Anticounterfeiting Act: Committee on the Judici- the reallocation of spectrum from governmental to ary was discharged from further consideration of S. commercial users; to improve, enhance, and promote 2227, to prevent and punish counterfeiting and the Nation’s homeland security, public safety, and copyright piracy, and the bill was then passed. citizen activated emergency response capabilities Pages S12028–29 through the use of enhanced 911 services, to further Anti-Counterfeiting Amendment Act: Com- upgrade Public Safety Answering Point capabilities mittee on the Judiciary was discharged from further and related functions in receiving E–911 calls, and consideration of H.R. 3632, to prevent and punish to support in the construction and operation of a counterfeiting of copyrighted copies and ubiquitous and reliable citizen activated system; and

VerDate Aug 04 2004 06:10 Dec 09, 2004 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE4.REC D08DE4 D1130 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2004 to provide that funds received as universal service Susan Johnson Grant, of Virginia, to be Chief contributions under section 254 of the Communica- FinancialOfficer, Department of Energy. tions Act of 1934 and the universal service support William Sanchez, of Florida, to be Special Counsel programs established pursuant thereto are not sub- forImmigration-Related Unfair Employment Prac- ject to certain provisions of title 31, United States tices for a term offour years. Code, commonly known as the Antideficiency Act, Veronica Vargas Stidvent, of Texas, to be an for a period of time, clearing the measure for the AssistantSecretary of Labor. (Prior to this action, President. Page S12083 Committee on Health, Education, Labor and Pen- Sine Die Adjournment: Senate agreed to H. Con. sions was dischargedfrom further consideration). Res. 531, providing for the sine die adjournment of Karen Alderman Harbert, of the District of Co- the second session of the One Hundred Eighth Con- lumbia, to bean Assistant Secretary of Energy (Inter- gress. Page S12083 national Affairs and Domestic Policy). (Prior to this action, Committee on Energy and Natural Resources National Intelligence Reform Act Conference was discharged from furtherconsideration). Report: By 89 yeas to 2 nays (Vote No. 216), Sen- John S. Shaw, of the District of Columbia, to be ate agreed to the conference report to accompany S. anAssistant Secretary of Energy (Environment, Safety 2845, to reform the intelligence community and the and Health). (Prior to this action, Committee on En- intelligence and intelligence-related activities of the ergy and Natural Resources was discharged from fur- United States Government, clearing the measure for ther consideration). the President. Pages S11939–S12010 Routine lists in the Foreign Service. (Prior to this Intelligence Authorization Act Conference Re- action, Committee on Foreign Relations was dis- port: Senate agreed to the conference report to ac- charged from further consideration). Page S12087 company H.R. 4548, to authorize appropriations for Nominations Returned to the President: fiscal year 2005 for intelligence and intelligence-re- Pages S12084–12087 lated activities of the United States Government, the Community Management Account, and the Central Messages From the House: Pages S12060–61 Intelligence Agency Retirement and Disability Sys- Measures Referred: Page S12061 tem, clearing the measure for the President. Executive Communications: Pages S12061–68 Page S12020 Additional Cosponsors: Page S12068 Authorizing Leadership to Make Appoint- ments—Agreement: A unanimous-consent agree- Statements on Introduced Bills/Resolutions: ment was reached providing that notwithstanding Pages S12068–71 the adjournment of the Senate, the President of the Additional Statements: Pages S12052–60 Senate, the President Pro Tempore, and the Majority Amendments Submitted: Page S12071 and Minority Leaders be authorized to make appointments to commissions, committees, boards, Privilege of the Floor: Page S12083 conferences, or interparliamentary conferences au- Record Votes: One record vote was taken today. thorized by law, by concurrent action of the two (Total—216) Page S12010 Houses, or by order of the Senate. Page S12022 Adjournment: Senate met at 9:30 a.m., and, in ac- Signing Authority—Agreement: A unanimous- cordance with the provisions of H. Con. Res. 531, consent agreement was reached providing that dur- adjourned sine die at 10:54 p.m., on Wednesday, ing this adjournment of the Senate, the Majority December 8, 2004, until 12 noon, on January 4, Leader be authorized to sign duly enrolled bills or 2005. joint resolutions. Page S12022 Nominations Confirmed: Senate confirmed the fol- Committee Meetings lowing nominations: No committee meetings were held.

VerDate Aug 04 2004 06:10 Dec 09, 2004 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE4.REC D08DE4 December 8, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D1131 House of Representatives Chamber Action NEW PUBLIC LAWS The House was not in session today. The House (For last listing of Public Laws, see DAILY DIGEST, p. D1124) will meet at 12 noon on Tuesday, January 4, 2005 H.R. 1350, to reauthorize the Individuals with for the convening of the One Hundred Ninth Con- Disabilities Education Act. Signed on December 3, gress. 2004. (Public Law 108–446) Committee Meetings No committee meetings were held.

VerDate Aug 04 2004 06:10 Dec 09, 2004 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE4.REC D08DE4 D1132 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Tuesday, January 4, 2005 12 noon, Tuesday, January 4, 2005

Senate Chamber House Chamber Program for January 4, 2005: Senate will convene the Program for January 4, 2005: Convening of the 109th first session of the 109th Congress. Congress.

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Aug 04 2004 06:10 Dec 09, 2004 Jkt 039060 PO 00000 Frm 00005 Fmt 0664 Sfmt 0664 E:\CR\FM\D08DE4.REC D08DE4