Congressional Record: October 5, 2004 (Senate)
Page S10384-S10388
NATIONAL INTELLIGENCE REFORM ACT OF 2004
Amendment No. 3933, As Modified
Ms. COLLINS. Mr. President, the first amendment I call up is
amendment No. 3933, as modified, with the changes that are at the desk.
This is an amendment from Senators Cantwell, Sessions, Schumer, and
Kyl.
The PRESIDENT pro tempore. The clerk will report.
The legislative clerk read as follows:
The Senator from Maine [Ms. Collins], for Ms. Cantwell,
herself, Mr. Sessions, Mr. Schumer, and Mr. Kyl, proposes an
amendment numbered 3933, as modified.
The amendment is as follows:
At the appropriate place, insert the following:
SEC. __. BIOMETRIC STANDARD FOR VISA APPLICATIONS.
(a) Short Title.--This section may be cited as the
``Biometric Visa Standard Distant Borders Act''.
(b) Technology Standard for Visa Waiver Participants.--
Section 303(c) of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (8 U.S.C. 1732(c)) is amended to read as
follows:
``(c) Technology Standard for Visa Waiver Participants.--
``(1) In general.--Not later than October 26, 2006, the
Secretary of State shall certify to Congress which of the
countries designated to participate in the visa waiver
program established under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) are developing a program to
issue to individuals seeking to enter that country pursuant
to a visa issued by that country, a machine readable visa
document that is tamper-resistant and incorporates biometric
identification information that is verifiable at its port of
entry.
``(2) Savings clause.--This subsection shall not be
construed to rescind the requirement of section 217(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)).''.
The PRESIDENT pro tempore. The amendment is pending. Is there further
debate? If not, without objection, the amendment is agreed to.
The amendment (No. 3933), as modified, was agreed to.
Amendment No. 3957
Ms. COLLINS. Mr. President, I now call up a managers' amendment that
is at the desk and, again, has been cleared on both sides of the aisle.
The PRESIDENT pro tempore. The clerk will report.
The legislative clerk read as follows:
The Senator from Maine [Ms. Collins], for herself, and Mr.
Lieberman, proposes an amendment numbered 3957.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The PRESIDENT pro tempore. Is there further debate on this amendment?
If not, without objection, the amendment is agreed to.
The amendment (No. 3957) was agreed to.
Amendments Nos. 3712, As Modified, and 3768, As Further Modified
Ms. COLLINS. Madam President, I ask unanimous consent,
notwithstanding morning business, that I send two amendments to the
desk and ask the pending amendment also be set aside, to S. 2845.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. COLLINS. On behalf of Senator Rockefeller and Senator Baucus,
these amendments have been cleared on both sides and I urge their
adoption en bloc.
The PRESIDING OFFICER. Without objection, the amendments are agreed
to.
The amendments were agreed to, as follows:
amendment no. 3172, as modified
(Purpose: To provide improved aviation security)
At the appropriate place, insert the following:
TITLE --AVIATION SECURITY
SEC. --01. IMPROVED PILOT LICENSES.
(a) In General.--Within 90 days after the date of enactment
of this Act, the Federal Aviation Administrator may develop a
system for the issuance of any pilot's license issued more
than 180 days after the date of enactment of this Act that--
[[Page S10385]]
(1) are resistant to tampering, alteration, and
counterfeiting;
(2) include a photograph of the individual to whom the
license is issued; and
(3) are capable of accommodating a digital photograph, a
biometric1 measure, or other unique identifier that provides
a means of--
(A) ensuring its validity; and
(B) revealing whether any component or security feature of
the license has been compromised.
(b) Use of Designees.--The Administrator of the Federal
Aviation Administration may use designees to carry out
subsection (a) to the extent feasible in order to minimize
the burden of such requirements on pilots.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator for fiscal year 2005,
$50,000,000 to carry out subsection (a).
SEC. --02. AIRCRAFT CHARTER CUSTOMER PRESCREENING.
(a) In General.--Within 1 year after the date of enactment
of this Act, or as soon as practicable thereafter, the
Secretary of Homeland Security shall establish a process by
which operators of charter aircraft with a maximum takeoff
weight of greater than 12,500 pounds may--
(1) request the Transportation Security Administration to
compare information about any individual seeking to charter
an aircraft, and any passengers proposed to be transported
aboard the aircraft, with a comprehensive, consolidated
database or watchlist containing information about known or
suspected terrorists and their associates; and
(2) refuse to charter an aircraft to or transport aboard
such aircraft any persons identified on such database or
watchlist.
(b) Privacy Safeguards.--The Secretary shall take
appropriate measures to ensure that--
(1) the Transportation Security Administration does not
disclose information to any person engaged in the business of
chartering aircraft other than whether an individual compared
against government watchlists constitutes a flight security
or terrorism risk; and
(2) an individual denied access to an aircraft is given an
opportunity to consult the Transportation Security
Administration for the purpose of correcting mis-
identification errors, resolve confusion resulting from names
that are the same as or similar to names on available
government watchlists, and address other information that is
alleged to be erroneous, that may have resulted in the
denial.
(c) Transfer.--The Secretary shall assess procedures to
transfer responsibility for conducting reviews of any
appropriate government watchlists under this section from
persons engaged in the business of chartering air carriers to
the public to the Secretary.
(d) Authority of the Secretary.--Nothing in this section
precludes the Secretary from requiring operators of charter
aircraft to comply with security procedures, including those
established under subsection (a), if the Secretary determines
that such a requirement is necessary based on threat
conditions.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out the provisions of this section.
SEC. --03. AIRCRAFT RENTAL CUSTOMER PRESCREENING.
(a) In General.--Within 1 year after the date of enactment
of this Act, or as soon as practicable thereafter, the
Secretary of Homeland Security shall establish a process by
which operators of rental aircraft with a maximum takeoff
weight of greater than 12,500 pounds may--
(1) request the Transportation Security Administration to
compare information about any individual seeking to rent an
aircraft, and any passengers proposed to be transported
aboard the aircraft, with a comprehensive, consolidated
database or watchlist containing information about known or
suspected terrorists and their associates; and
(2) refuse to rent an aircraft to or transport aboard such
aircraft any persons identified on such database or
watchlist.
(b) Privacy Safeguards.--The Secretary shall take
appropriate measures to ensure that--
(1) the Transportation Security Administration does not
disclose information to any person engaged in the business of
renting aircraft other than whether an individual compared
against government watchlists constitutes a flight security
or terrorism risk; and
(2) an individual denied access to an aircraft is given an
opportunity to consult the Transportation Security
Administration for the purpose of correcting mis-
identification errors, resolve confusion resulting from names
that are the same as or similar to names on available
government watchlists, and address other information that is
alleged to be erroneous, that may have resulted in the
denial.
(c) Transfer.--The Secretary shall assess procedures to
transfer responsibility for conducting reviews of any
appropriate government watchlists under this section from
persons engaged in the business of renting aircraft to the
public to the Secretary.
(d) Authority of the Secretary.--Nothing in this section
precludes the Secretary from requiring operators of rental
aircraft to comply with security procedures, including those
established under subsection (a), if the Secretary determines
that such a requirement is necessary based on threat
conditions.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out the provisions of this section.
SEC. --04. REPORT ON RENTAL AND CHARTER CUSTOMER PRESCREENING
PROCEDURES.
(a) In General.--Within 12 months after the date of
enactment of this Act, the Secretary of Homeland Security
shall transmit a report to Congress on the feasibility of
extending the requirements of section --02, section --03, or
both sections to apply to aircraft with a maximum
certificated takeoff weight of 12,500 pounds or less.
(b) Issues Addressed.--The report shall--
(1) examine the technology and communications systems
needed to carry out such procedures;
(2) provide an analysis of the risks posed by such
aircraft; and
(3) examine the operational impact of proposed procedures
on the commercial viability of that segment of charter and
rental aviation operations.
SEC. --05. AVIATION SECURITY STAFFING.
(a) Staffing Level Standards.--
(1) Development of standards.--Within 90 days after the
date of enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of
Transportation and Federal Security Directors, shall develop
standards for determining the appropriate aviation security
staffing standards for all commercial airports in the United
States necessary--
(A) to provide necessary levels of aviation security; and
(B) to ensure that the average aviation security-related
delay experienced by airline passengers is minimized.
(2) GAO analysis.--The Comptroller General shall, as soon
as practicable after the date on which the Secretary of
Homeland Security has developed standards under paragraph
(1), conduct an expedited analysis of the standards for
effectiveness, administrability, ease of compliance, and
consistency with the requirements of existing law.
(3) Report to congress.--Within 120 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Comptroller General shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure on the standards developed under paragraph
(1), together with recommendations for further improving the
efficiency and effectiveness of the screening process,
including the use of maximum time delay goals of no more than
10 minutes on the average.
(b) Integration of Federal Airport Workforce and Aviation
Security.--The Secretary of Homeland Security shall conduct a
study of the feasibility of combining operations of Federal
employees involved in screening at commercial airports and
aviation security related functions under the aegis of the
Department of Homeland Security in order to coordinate
security-related activities, increase the efficiency and
effectiveness of those activities, and increase commercial
air transportation security.
SEC. --06. IMPROVED AIR CARGO AND AIRPORT SECURITY.
(a) In General.--There are authorized to be appropriated to
the Secretary of Homeland Security for the use of the
Transportation Security Administration, in addition to any
amounts otherwise authorized by law, for the purpose of
improving aviation security related to the transportation of
cargo on both passenger aircraft and all-cargo aircraft--
(1) $200,000,000 for fiscal year 2005;
(2) $200,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
(b) Next-Generation Cargo Security Grant Program.--
(1) In general.--The Secretary shall establish and carry
out a grant program to facilitate the development, testing,
purchase, and deployment of next-generation air cargo
security technology. The Secretary shall establish such
eligibility criteria, establish such application and
administrative procedures, and provide for such matching
funding requirements, if any, as may be necessary and
appropriate to ensure that the technology is deployed as
fully and as rapidly as practicable.
(2) Research and development; deployment.--To carry out
paragraph (1), there are authorized to be appropriated to the
Secretary for research and development related to next-
generation air cargo security technology as well as for
deployment and installation of next-generation air cargo
security technology, such sums are to remain available until
expended--
(A) $100,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006; and
(C) $100,000,000 for fiscal year 2007.
(c) Authorization for Expiring and New LOIs.--
(1) In general.--There are authorized to be appropriated to
the Secretary $150,000,000 for each of fiscal years 2005
through 2007 to fund projects and activities for which
letters of intent are issued under section 44923 of title 49,
United States Code, after the date of enactment of this Act.
[[Page S10386]]
(2) Period of reimbursement.--Notwithstanding any other
provision of law, the Secretary may provide that the period
of reimbursement under any letter of intent may extend for a
period not to exceed 10 years after the date that the
Secretary issues such letter, subject to the availability of
appropriations. This paragraph applies to letters of intent
issued under section 44923 of title 49, United States Code,
or section 367 of the Department of Transportation and
Related Agencies Appropriation Act, 2003 (49 U.S.C. 47110
note).
(d) Reports.--The Secretary shall transmit an annual report
for fiscal year 2005, fiscal year 2006, and fiscal year 2007
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on--
(1) the progress being made toward, and the status of,
deployment and installation of next-generation air cargo
security technology under subsection (b); and
(2) the amount and purpose of grants under subsection (b)
and the locations of projects funded by such grants.
SEC. --07. AIR CARGO SECURITY MEASURES.
(a) Enhancement of Air Cargo Security.--The Secretary of
Homeland Security, in consultation with the Secretary of
Transportation, shall develop and implement a plan to enhance
air cargo security at airports for commercial passenger and
cargo aircraft that incorporates the recommendations made by
the Cargo Security Working Group of the Aviation Security
Advisory Committee.
(b) Supply Chain Security.--The Administrator of the
Transportation Security Administration shall--
(1) promulgate regulations requiring the evaluation of
indirect air carriers and ground handling agents, including
background checks and checks against all Administration watch
lists; and
(2) evaluate the potential efficacy of increased use of
canine detection teams to inspect air cargo on passenger and
all-cargo aircraft, including targeted inspections of high
risk items.
(c) Increased Cargo Inspections.--Within 1 year after the
date of enactment of this Act, the Secretary of Homeland
Security shall require that the percentage of cargo screened
or inspected is at least two-fold the percentage that is
screened or inspected as of September 30, 2004.
(c) All-Cargo Aircraft Security.--Subchapter I of chapter
449, United States Code, is amended by adding at the end the
following:
``Sec. 44925. All-cargo aircraft security.
``(a) Access to Flight Deck.--Within 180 days after the
date of enactment of this Act, the Administrator of the
Transportation Security Administration, in coordination with
the Federal Aviation Administrator, shall--
``(1) issue an order (without regard to the provisions of
chapter 5 of title 5)--
``(A) requiring, to the extent consistent with engineering
and safety standards, that all-cargo aircraft operators
engaged in air transportation or intrastate air
transportation maintain a barrier, which may include the use
of a hardened cockpit door, between the aircraft flight deck
and the aircraft cargo compartment sufficient to prevent
unauthorized access to the flight deck from the cargo
compartment, in accordance with the terms of a plan presented
to and accepted by the Administrator of the Transportation
Security Administration in consultation with the Federal
Aviation Administrator; and
``(B) prohibiting the possession of a key to a flight deck
door by any member of the flight crew who is not assigned to
the flight deck; and
``(2) take such other action, including modification of
safety and security procedures and flight deck redesign, as
may be necessary to ensure the safety and security of the
flight deck.
``(b) Screening and Other Measures.--Within 1 year after
the date of enactment of this Act, the Administrator of the
Transportation Security Administration, in coordination with
the Federal Aviation Administrator, shall issue an order
(without regard to the provisions of chapter 5 of title 5)
requiring--
``(1) all-cargo aircraft operators engaged in air
transportation or intrastate air transportation to physically
screen each person, and that person's baggage and personal
effects, to be transported on an all-cargo aircraft engaged
in air transportation or intrastate air transportation;
``(2) each such aircraft to be physically searched before
the first leg of the first flight of the aircraft each day,
or, for inbound international operations, at aircraft
operator's option prior to the departure of any such flight
for a point in the United States; and
``(3) each such aircraft that is unattended overnight to be
secured or sealed or to have access stairs, if any, removed
from the aircraft.
``(c) Alternative Measures.--The Administrator of the
Transportation Security Administration, in coordination with
the Federal Aviation Administrator, may authorize alternative
means of compliance with any requirement imposed under this
section.''.
(d) Conforming Amendment.--The subchapter analysis for
subchapter I of chapter 449, United States Code, is amended
by adding at the end the following:
``44925. All-cargo aircraft security.''.
SEC. --08. EXPLOSIVE DETECTION SYSTEMS.
(a) In-Line Placement of Explosive-Detection Equipment.--
Within 180 days after the date of enactment of this Act, the
Secretary of Homeland Security shall establish a schedule for
replacing trace-detection equipment used for in-line
baggage screening purposes as soon as practicable where
appropriate with explosive detection system equipment. The
Secretary shall notify the Senate Committee on Commerce,
Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure of the schedule and provide an estimate of
the impact of replacing such equipment, facility
modification and baggage conveyor placement, on aviation
security-related staffing needs and levels.
(b) Next Generation EDS.--There are authorized to be
appropriated to the Secretary of Homeland Security for the
use of the Transportation Security Administration
$100,000,000, in addition to any amounts otherwise authorized
by law, for the purpose of research and development of next
generation explosive detection systems for aviation security
under section 44913 of title 49, United States Code. The
Secretary shall develop a plan and guidelines for
implementing improved explosive detection system equipment.
(c) Portal Detection Systems.--There are authorized to be
appropriated to the Secretary of Homeland Security for the
use of the Transportation Security Administration
$250,000,000, in addition to any amounts otherwise authorized
by law, for research and development and installation of
portal detection systems or similar devices for the detection
of biological, radiological, and explosive materials. The
Secretary of Homeland Security shall establish a pilot
program at not more than 10 commercial service airports to
evaluate the use of such systems.
(d) Reports.--The Secretary shall transmit an annual report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on research and development
projects funded under subsection (b) or (c), and the pilot
program established under subsection (c), including cost
estimates for each phase of such projects and total project
costs.
SEC. --09. AIR MARSHAL PROGRAM.
(a) Cross-Training.--The Secretary of Homeland Security
shall transmit to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a report on the
potential for cross-training of individuals who serve as air
marshals and on the need for providing contingency funding
for air marshal operations.
(b) Authorization of Additional Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security for the use of Inspections and Customs Enforcement,
in addition to any amounts otherwise authorized by law, for
the deployment of Federal Air Marshals under section 44917 of
title 49, United States Code, $83,000,000 for the 3 fiscal
year period beginning with fiscal year 2005, such sums to
remain available until expended.
SEC. --10. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY.
Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the
Secretary of Transportation, shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report on the present system for addressing
lost, stolen, damaged, or pilfered baggage claims relating to
air transportation security screening procedures. The report
shall include--
(1) information concerning the time it takes to settle such
claims under the present system;
(2) a comparison and analysis of the number, frequency, and
nature of such claims before and after enactment of the
Aviation and Transportation Security Act using data provided
by the major United States airlines; and
(3) recommendations on how to improve the involvement and
participation of the airlines in the baggage screening and
handling processes and better coordinate the activities of
Federal baggage screeners with airline operations.
SEC. --11. REPORT ON IMPLEMENTATION OF GAO HOMELAND SECURITY
INFORMATION SHARING RECOMMENDATIONS.
Within 30 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with the
heads of Federal departments and agencies concerned, shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report on implementation
of recommendations contained in the General Accounting
Office's report titled ``Homeland Security: Efforts To
Improve Information Sharing Need To Be Strengthened'' (GAO-
03-760), August, 2003.
SEC. --12. AVIATION SECURITY RESEARCH AND DEVELOPMENT.
(a) Biometrics.--There are authorized to be appropriated to
the Secretary of Homeland Security for the use of the
Transportation Security Administration $20,000,000, in
addition to any amounts otherwise authorized by law, for
research and development of
[[Page S10387]]
biometric technology applications to aviation security.
(b) Biometrics Centers of Excellence.--There are authorized
to be appropriated to the Secretary of Homeland Security for
the use of the Transportation Security Administration
$1,000,000, in addition to any amounts otherwise authorized
by law, for the establishment of competitive centers of
excellence at the national laboratories.
SEC. --13. PERIMETER ACCESS TECHNOLOGY.
There are authorized to be appropriated to the Secretary of
Homeland Security $100,000,000 for airport perimeter security
technology, fencing, security contracts, vehicle tagging, and
other perimeter security related operations, facilities, and
equipment, such sums to remain available until expended.
SEC. --14. BEREAVEMENT FARES.
(a) In General.--Chapter 415 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 41512. Bereavement fares.
``Air carriers shall offer, with appropriate documentation,
bereavement fares to the public for air transportation in
connection with the death of a relative or other relationship
(as determined by the air carrier) and shall make such fares
available, to the greatest extent practicable, at the lowest
fare offered by the air carrier for the flight for which the
bereavement fare is requested.''.
(b) Conforming Amendment.--The chapter analysis for chapter
415 is amended by inserting after the item relating to
section 41511 the following:
``41512. Bereavement fares''.
SEC. --15. REVIEW AND REVISION OF PROHIBITED ITEMS LIST.
Not later than 60 days after the date of enactment of this
Act, the Transportation Security Administration shall
complete a review of its Prohibited Items List, set forth in
49 C.F.R. 1540, and release a revised list that--
(1) prohibits passengers from carrying butane lighters
onboard passenger aircraft; and
(2) modifies the Prohibited Items List in such other ways
as the agency may deem appropriate.
SEC. --16. REPORT ON PROTECTING COMMERCIAL AIRCRAFT FROM THE
THREAT OF MAN-PORTABLE AIR DEFENSE SYSTEMS.
(a) Requirement.--The Secretary of Homeland Security, in
coordination with the head of the Transportation Security
Administration and the Under Secretary for Science and
Technology, shall prepare a report on protecting commercial
aircraft from the threat of man-portable air defense systems
(referred to in this section as ``MANPADS'').
(b) Content.--The report required by subsection (a) shall
include the following:
(1) An estimate of the number of organizations, including
terrorist organizations, that have access to MANPADS and a
description of the risk posed by each organization.
(2) A description of the programs carried out by the
Secretary of Homeland Security to protect commercial aircraft
from the threat posed by MANPADS.
(3) An assessment of the effectiveness and feasibility of
the systems to protect commercial aircraft under
consideration by the Under Secretary for Science and
Technology for use in phase II of the counter-MANPADS
development and demonstration program.
(4) A justification for the schedule of the implementation
of phase II of the counter-MANPADS development and
demonstration program.
(5) An assessment of the effectiveness of other technology
that could be employed on commercial aircraft to address the
threat posed by MANPADS, including such technology that is--
(A) either active or passive;
(B) employed by the Armed Forces; or
(C) being assessed or employed by other countries.
(6) An assessment of alternate technological approaches to
address such threat, including ground-based systems.
(7) A discussion of issues related to any contractor
liability associated with the installation or use of
technology or systems on commercial aircraft to address such
threat.
(8) A description of the strategies that the Secretary may
employ to acquire any technology or systems selected for use
on commercial aircraft at the conclusion of phase II of the
counter-MANPADS development and demonstration program,
including--
(A) a schedule for purchasing and installing such
technology or systems on commercial aircraft; and
(B) a description of--
(i) the priority in which commercial aircraft will be
equipped with such technology or systems;
(ii) any efforts to coordinate the schedules for installing
such technology or system with private airlines;
(iii) any efforts to ensure that aircraft manufacturers
integrate such technology or systems into new aircraft; and
(iv) the cost to operate and support such technology or
systems on a commercial aircraft.
(9) A description of the plan to expedite the use of
technology or systems on commercial aircraft to address the
threat posed by MANPADS if intelligence or events indicate
that the schedule for the use of such technology or systems,
including the schedule for carrying out development and
demonstration programs by the Secretary, should be expedited.
(10) A description of the efforts of the Secretary to
survey and identify the areas at domestic and foreign
airports where commercial aircraft are most vulnerable to
attack by MANPADS.
(11) A description of the cooperation between the Secretary
and the Administrator of the Federal Aviation Administration
to certify the airworthiness and safety of technology and
systems to protect commercial aircraft from the risk posed by
MANPADS in an expeditious manner.
(c) Transmission to Congress.--The report required by
subsection (a) shall be transmitted to Congress along with
the budget for fiscal year 2006 submitted by the President
pursuant to section 1105(a) of title 31, United States Code.
SEC. --17. SCREENING DEVICES TO DETECT CHEMICAL AND PLASTIC
EXPLOSIVES.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall provide to the
Senate Committee on Commerce, Science, and Transportation a
report on the current status of efforts, and the additional
needs, regarding passenger and carry-on baggage screening
equipment at United States airports to detect explosives,
including in chemical and plastic forms. The report shall
include the cost of and timetable for installing such
equipment and any recommended legislative actions.
SEC. --18. REPORTS ON THE FEDERAL AIR MARSHALS PROGRAM.
Not later than 90 days after the date of enactment of this
Act, and every 90 days thereafter, the Secretary of Homeland
Security shall provide to the Senate Committee on Commerce,
Science, and Transportation a classified report on the number
of individuals serving only as sworn Federal air marshals.
Such report shall include the number of Federal air marshals
who are women, minorities, or employees of departments or
agencies of the United States Government other than the
Department of Homeland Security, the percentage of domestic
and international flights that have a Federal air marshal
aboard, and the rate at which individuals are leaving service
as Federal air marshals.
SEC. --19. SECURITY OF AIR MARSHAL IDENTITY.
(a) In General.--The Secretary of the Department of
Homeland Security shall designate individuals and parties to
whom Federal air marshals shall be required to identify
themselves.
(b) Prohibition.--Notwithstanding any other provision of
law, no procedure, guideline, rule, regulation, or other
policy shall expose the identity of an air marshal to anyone
other than those designated by the Secretary under subsection
(a).
SEC. --20. SECURITY MONITORING CAMERAS FOR AIRPORT BAGGAGE
HANDLING AREAS.
(a) In General.--The Under Secretary of Homeland Security
for Border Transportation and Security shall provide
assistance, subject to the availability of funds, to public
airports that have baggage handling areas that are not open
to public view in the acquisition and installation of
security monitoring cameras for surveillance of such areas in
order to deter theft from checked baggage and to aid in the
speedy resolution of liability claims against the
Transportation Security Administration.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security for
fiscal year 2005 such sums as may be necessary to carry out
this section, such sums to remain available until expended.
SEC. --21. EFFECTIVE DATE.
Notwithstanding any other provision of this act, this title
takes effect on the date of enactment of this Act.
amendment no. 3768, as further modified
At the appropriate place, insert the following new section:
SEC. __. ANNUAL REPORT ON THE ALLOCATION OF RESOURCES WITHIN
THE OFFICE OF FOREIGN ASSETS CONTROL.
(a) Requirement for Annual Report.--Not later than 180 days
after the date of enactment of this Act, and annually
thereafter, the Secretary of the Treasury shall submit to
Congress a report on the allocation of resources within the
Office of Foreign Assets Control.
(b) Content of Annual Report.--An annual report required by
subsection (a) shall include--
(1) a description of--
(A) the allocation of resources within the Office of
Foreign Assets Control to enforce the economic and trade
sanctions of the United States against terrorist
organizations and targeted foreign countries during the
fiscal year prior to the fiscal year in which such report is
submitted; and
(B) the criteria on which such allocation is based;
(2) a description of any proposed modifications to such
allocation; and
(3) an explanation for any such allocation that is not
based on prioritization of threats determined using
appropriate criteria, including the likelihood that--
(A) a terrorist organization or targeted foreign country--
(i) will sponsor or plan a direct attack against the United
States or the interests of the United States; or
(ii) is participating in or maintaining a nuclear,
biological, or chemical weapons development program; or
[[Page S10388]]
(B) a targeted foreign country--
(i) is financing, or allowing the financing, of a terrorist
organization within such country; or
(ii) is providing safe haven to a terrorist organization
within such country.
(c) Effective Date.--Notwithstanding section 341 or any
other provision of this Act, this section shall take effect
on the date of the enactment of this Act.
Mr. BAUCUS. Mr. President, this amendment goes to the heart of our
debate over the structure and purpose of the U.S. intelligence
community. My amendment addresses the allocation of resources at
Treasury's Office of Foreign Assets Control, or OFAC.
Much of our attention has focused on the creation of a new,
independent office to oversee our intelligence activities. Often lost
in this debate are the details about many of the smaller, lesser known
Federal agencies whose efforts are essential to our national security.
Even though many people don't know who they are, OFAC is one of our
most powerful weapons in the war on terrorism, because it is charged
with tracking down and identifying the international sources of
terrorist financing.
Unfortunately, OFAC is also tasked with administration of the Cuba
travel ban. As we all know, U.S. policy toward Cuba is a highly
emotional and divisive issue. Still, I would doubt that anyone
seriously thinks that travel by Americans to Cuba poses a larger or
more serious threat to U.S. interests than al-Qaida or the insurgents
in Iraq, or Syria, Iran or North Korea.
My colleagues might be surprised and disturbed, then, to learn that--
at the direction of the State Department--OFAC diverts more of its
personnel resources to imposition of the Cuba travel ban than to any
other country or project-specific issue.
According to their records, the equivalent of 21 full-time OFAC
employees are allocated to the Cuba travel ban. On the other hand, only
16 are allocated to the search al-Qaida's financial sources of support.
Less than 15 full-time employee resources are spent on the former
Iraq regime and its insurgents, and less than 14 are spent on Iran.
Less than 10 are allocated to Syria, Sudan, and Libya combined.
Afghanistan doesn't even merit one full-time employee--it receives the
attention of roughly 2/3 of one full-time OFAC employee. North Korea
only gets \1/3\.
In other words, more OFAC personnel resources are spent on the effort
to prevent Americans from vacationing in Cuba than are spent to track
down and shut off the sources of funds used by al-Qaida to carry out
terrorist activities.
This is an appalling diversion of our resources. If we hope to defeat
the disparate threats arrayed against U.S. interests--both here at home
and abroad--we must dedicate our attention to the real dangers
confronting us around the world. Wisely allocating our resources will
better ensure our success.
The amendment I offer addresses this imbalance by requiring an annual
report from OFAC on how it allocates its resources and the criteria it
uses to make those resource decisions. It also outlines criteria that
ought to be considered when prioritizing the threats posed by different
countries and groups. Among these criteria are the likelihood that a
country or organization is: planning or sponsoring a direct attack on
U.S. interests; participating in a nuclear, biological, or chemical
weapons development program; financing or allowing the financing of
terrorists; or providing a safe haven to terrorists.
Colleagues, this is an issue of the highest importance. My amendment
simply asks for common sense in the allocation of our limited
resources. We cannot expect to win the war on terrorism if we refuse to
dedicate our full and focused efforts to fighting it. In this time of
crisis, the American people expect us to lead with vision and clarity.
My amendment offers this.
I see no credible reason why OFAC should waste precious resources
creating bureaucratic red tape for Montana producers who just want to
negotiate legal agricultural sales to Cuba. Instead, OFAC should focus
its resources where they are more urgently needed: on shutting down the
financial networks of al-Qaida and other more serious threats to U.S.
interests. That is why the Chairman of the Intelligence Committee
supports this amendment, and that is why the American Farm Bureau
Federation and the National Foreign Trade Council support this
amendment.
I take this opportunity to thank Senator Collins and Senator
Lieberman, the chairwoman and ranking member managing this bill, and
their staff, for all of their hard work on the Baucus-Roberts-Craig
amendment.
The PRESIDENT pro tempore. The Senator from New Mexico is recognized.
There is no further time remaining on the majority side. The minority
has until 9:40 a.m.
____________________
Congressional Record: October 5, 2004 (Senate)
Page S10390-S10400
NATIONAL INTELLIGENCE REFORM ACT OF 2004
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of S. 2845, which the clerk will report.
The legislative clerk read as follows:
A bill (S. 2845) to reform the intelligence community and
intelligence and intelligence-related activities of the
United States Government, and for other purposes.
Pending:
Lautenberg Amendment No. 3767, to specify that the National
Intelligence Director shall serve for one or more terms of up
to 5 years each.
Kyl Amendment No. 3801, to modify the privacy and civil
liberties oversight.
Feinstein Amendment No. 3718, to improve the intelligence
functions of the Federal Bureau of Investigation.
Stevens Amendment No. 3839, to strike section 201, relating
to public disclosure of intelligence funding.
Ensign Amendment No. 3819, to require the Secretary of
State to increase the number of consular officers, clarify
the responsibilities and functions of consular officers, and
require the Secretary of Homeland Security to increase the
number of border patrol agents and customs enforcement
investigators.
Reid (for Schumer) Amendment No. 3887, to amend the Foreign
Intelligence Surveillance Act of 1978 to cover individuals,
other than United States persons, who engage in international
terrorism without affiliation with an international terrorist
group.
Reid (for Schumer) Amendment No. 3888, to establish the
United States Homeland Security Signal Corps to ensure proper
communications between law enforcement agencies.
Reid (for Schumer) Amendment No. 3889, to establish a
National Commission on the United States-Saudi Arabia
Relationship.
Reid (for Schumer) Amendment No. 3890, to improve the
security of hazardous materials transported by truck.
Reid (for Schumer) Amendment No. 3891, to improve rail
security.
Reid (for Schumer) Amendment No. 3892, to strengthen border
security.
Reid (for Schumer) Amendment No. 3893, to require
inspection of cargo at ports in the United States.
Reid (for Schumer) Amendment No. 3894, to amend the
Homeland Security Act of 2002 to enhance cybersecurity.
Leahy/Grassley Amendment No. 3945, to require Congressional
oversight of translators employed and contracted for by the
Federal Bureau of Investigation.
Reed Amendment No. 3908, to authorize the Secretary of
Homeland Security to award grants to public transportation
agencies to improve security.
Reid (for Corzine/Lautenberg) Amendment No. 3849, to
protect human health and the environment from the release of
hazardous substances by acts of terrorism.
Reid (for Lautenberg) Amendment No. 3782, to require that
any Federal funds appropriated to the Department of Homeland
Security for grants or other assistance be allocated based
strictly on an assessment of risks and vulnerabilities.
Reid (for Lautenberg) Amendment No. 3905, to provide for
maritime transportation security.
Reid (for Harkin) Amendment No. 3821, to modify the
functions of the Privacy and Civil Liberties Oversight Board.
Roberts Amendment No. 3739, to ensure the sharing of
intelligence information in a manner that promotes all-
sources analysis and to assign responsibility for competitive
analysis.
Roberts Amendment No. 3750, to clarify the responsibilities
of the Directorate of Intelligence of the National
Counterterrorism Center for information-sharing and
intelligence analysis.
Roberts Amendment No. 3747, to provide the National
Intelligence Director with flexible administrative authority
with respect to the National Intelligence Authority.
Roberts Amendment No. 3742, to clarify the continuing
applicability of section 504 of
[[Page S10391]]
the National Security Act of 1947 to the obligation and
expenditure of funds appropriated for the intelligence and
intelligence-related activities of the United States.
Kyl Amendment No. 3926, to amend the Immigration and
Nationality Act to ensure that nonimmigrant visas are not
issued to individuals with connections to terrorism or who
intend to carry out terrorist activities in the United
States.
Kyl Amendment No. 3881, to protect crime victims' rights.
Kyl Amendment No. 3724, to strengthen anti-terrorism
investigative tools, promote information sharing, punish
terrorist offenses.
Stevens Amendment No. 3827, to strike section 206, relating
to information sharing.
Stevens Amendment No. 3840, to strike the fiscal and
acquisition authorities of the National Intelligence
Authority.
Stevens Amendment No. 3882, to propose an alternative
section 141, relating to the Inspector General of the
National Intelligence Authority.
Collins (for Inhofe) Amendment No. 3946 (to Amendment No.
3849), in the nature of a substitute.
Sessions Amendment No. 3928, to require aliens to make an
oath prior to receiving a nonimmigrant visa.
Sessions Amendment No. 3873, to protect railroad carriers
and mass transportation from terrorism.
Sessions Amendment No. 3871, to provide for enhanced
Federal, State, and local enforcement of the immigration
laws.
Sessions Amendment No. 3870, to make information sharing
permanent under the USA PATRIOT ACT.
Warner Amendment No. 3876, to preserve certain authorities
and accountability in the implementation of intelligence
reform.
Collins (for Cornyn) Amendment No. 3803, to provide for
enhanced criminal penalties for crimes related to alien
smuggling.
Collins (for Baucus/Roberts) Modified Amendment No. 3768,
to require an annual report on the allocation of funding
within the Office of Foreign Assets Control of the Department
of the Treasury.
Frist (for McConnell) Amendment No. 3930, to clarify that a
volunteer for a federally-created citizen volunteer program
and for the program's State and local affiliates is protected
by the Volunteer Protection Act.
Frist (for McConnell) Amendment No. 3931, to remove civil
liability barriers that discourage the donation of equipment
to volunteer fire companies.
Levin Modified Amendment No. 3809, to exempt military
personnel from certain personnel transfer authorities.
Levin Amendment No. 3810, to clarify the definition of
National Intelligence Program.
Stevens Amendment No. 3830, to modify certain provisions
relating to the Central Intelligence Agency.
Warner Amendment No. 3875, to clarify the definition of
National Intelligence Program.
Warner Amendment No. 3874, to provide for the treatment of
programs, projects, and activities within the Joint Military
Intelligence Program and Tactical Intelligence and Related
Activities programs as of the date of the enactment of the
Act.
Reid (for Leahy) Amendment No. 3913, to address enforcement
of certain subpoenas.
Reid (for Leahy) Amendment No. 3915, to establish criteria
for placing individuals on the consolidated screening watch
list of the Terrorist Screening Center.
Reid (for Leahy) Amendment No. 3916, to strengthen civil
liberties protections.
Collins (for Frist) Modified Amendment No. 3895, to
establish the National Counterproliferation Center within the
National Intelligence Authority.
Collins (for Frist) Amendment No. 3896, to include certain
additional Members of Congress among the congressional
intelligence committees.
Sessions (for Grassley) Amendment No. 3850, to require the
inclusion of information regarding visa revocations in the
National Crime Information Center database.
Sessions (for Grassley) Amendment No. 3851, to clarify the
effects of revocation of a visa.
Sessions (for Grassley) Amendment No. 3855, to combat money
laundering and terrorist financing, to increase the penalties
for smuggling goods into the United States.
Sessions (for Grassley) Amendment No. 3856, to establish a
United States drug interdiction coordinator for Federal
agencies.
Sessions/Ensign Amendment No. 3872, to amend the
Immigration and Nationality Act to require fingerprints on
United States passports and to require countries desiring to
participate in the Visa Waiver Program to issue passports
that conform to the biometric standards required for United
States passports.
Cloture Motion
The PRESIDING OFFICER. Under the previous order, the hour of 9:45
a.m. having arrived, the Senate will proceed to a vote on the motion to
invoke cloture.
Under the previous order, the clerk will report the motion to invoke
cloture.
The legislative clerk read as follows:
Cloture Motion
We the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on S. 2845,
Calendar No. 716, a bill to reform the intelligence community
and the intelligence and intelligence-related activities of
the United States Government, and for other purposes.
Bill Frist, Tom Daschle, Susan Collins, Lamar Alexander,
Orrin Hatch, Lindsey Graham, John Warner, Judd Gregg,
Saxby Chambliss, John Cornyn, Kay Bailey Hutchison,
George Allen, Gordon Smith, Jim Talent, Norm Coleman,
Ben Nighthorse Campbell, Mitch McConnell, Joseph
Lieberman.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on S.
2845, the National Intelligence Reform Act of 2004, shall be brought to
a close? The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The legislative clerk called the roll.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
Mr. REID. I announce that the Senator from Hawaii (Mr. Akaka), the
Senator from Delaware (Mr. Biden), the Senator from New Jersey (Mr.
Corzine), the Senator from North Carolina (Mr. Edwards), and the
Senator from Massachusetts (Mr. Kerry) are necessarily absent.
The yeas and nays resulted--yeas 85, nays 10, as follows:
[Rollcall Vote No. 197 Leg.]
YEAS--85
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Coleman
Collins
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Shelby
Smith
Snowe
Specter
Stabenow
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NAYS--10
Burns
Byrd
Cochran
Conrad
Cornyn
Ensign
Inouye
Levin
Sessions
Stevens
NOT VOTING--5
Akaka
Biden
Corzine
Edwards
Kerry
The PRESIDING OFFICER. On this vote, the yeas are 85, the nays are
10. Three-fifths of the Senators duly chosen and sworn having voted in
the affirmative the motion is agreed to.
Ms. COLLINS. Madam President, I ask unanimous consent that it be in
order to consider sequentially the Feinstein amendment, No. 3718, and
the Gregg amendment, No. 3934, both as modified with changes that are
at the desk.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Amendment No. 3718, As Modified
Mrs. FEINSTEIN. Madam President, my comments are related to amendment
No. 3718, as modified, which the chairman said is at the desk. I will
not have to ask for the amendment to be modified. This amendment has
been previously debated. I have spoken on the floor twice about it. It
was set aside at my request.
The amendment clarifies the relationship of the FBI to the new
national intelligence director. It ensures that national intelligence
programs include the FBI's intelligence activities. I had hoped that
the amendment could be disposed of yesterday, but apparently that could
not happen and, thus, the amendment is before us today.
I thank Senators Lieberman, Collins, Roberts, and Gregg, all of whose
staff worked hard to improve the original amendment. The result is, in
essence, a compromise that accomplishes our fundamental goal, which is
to ensure that the intelligence functions of the Federal Bureau of
Investigation are both reorganized and, secondly, effective and
coordinated in the intelligence community.
The original amendment has been modified to that effect. It is my
understanding that the amendment, as modified, is acceptable to both
sides.
[[Page S10392]]
Ms. COLLINS. Madam President, I congratulate the Senator from
California for her amendment. She has worked very closely with Senator
Lieberman and me, as well as with the Judiciary Committee and Senator
Gregg.
Senator Feinstein's amendment is a good one. It strengthens the bill.
It underscores her commitment to making the FBI as effective as
possible in the war against terrorism. I thank the Senator for her
leadership, and I urge adoption of her amendment.
The PRESIDING OFFICER. The Senator from Connecticut is recognized.
Mr. LIEBERMAN. Madam President, I also thank the Senator from
California for her persistence, both on the substance of this amendment
and in the vagaries and twists and turns of the legislative process.
This is an important amendment. In some sense, it strengthens,
ratifies, and makes statutory some of the very constructive changes
that have been occurring at the FBI, by establishing a directorate of
intelligence within the FBI that is based on the existing Office of
Intelligence there.
The amendment also modifies the definition of national intelligence
under the bill, in order to make clear that national intelligence
programs within the FBI will be included within the national
intelligence program. So there will be no more of the division between
foreign and domestic, and no more of the division between the FBI and
CIA, which occurred so heartbreakingly and infuriatingly before
September 11. We are all going to be together in the national
intelligence program under the national intelligence director,
protecting the safety of the American people.
This amendment increases substantially the probability that we can
deter the terrorist enemy by knowing where they are before they strike
us. I thank the Senator for her leadership, and I support the
amendment.
The PRESIDING OFFICER. Is there further debate on the amendment?
Without objection, the amendment is agreed to.
The amendment (No. 3718), as modified, was agreed to.
Ms. COLLINS. Madam President, it is my understanding that the Senator
from New Hampshire, Mr. Gregg, is on his way to the floor to speak
briefly on his amendment.
While we are awaiting his arrival, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. CHAMBLISS. Madam President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 3710
Mr. CHAMBLISS. Madam President, I call up for consideration amendment
No. 3710.
The PRESIDING OFFICER. Without objection, the pending amendment is
laid aside.
Mr. REID. What was the request, Madam President?
The PRESIDING OFFICER. The Senator is seeking to call up amendment
No. 3710. Without objection, the clerk will report.
The legislative clerk read as follows:
The Senator from Georgia [Mr. Chambliss] proposes an
amendment numbered 3710.
Mr. CHAMBLISS. Madam President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To provide for the establishment of a unified combatant
command for military intelligence)
On page 153, between lines 2 and 3, insert the following:
SEC. 207. UNIFIED COMBATANT COMMAND FOR MILITARY
INTELLIGENCE.
(a) In General.--Chapter 6 of title 10, United States Code,
is amended by inserting after section 167a the following new
section:
``Sec. 167b. Unified combatant command for military
intelligence
``(a) Establishment.--(1) With the advice and assistance of
the Chairman of the Joint Chiefs of Staff, the President,
through the Secretary of Defense, shall establish under
section 161 of this title a unified combatant command for
military intelligence (hereinafter in this section referred
to as the `military intelligence command').
``(2) The principle functions of the military intelligence
command are--
``(A) to coordinate all military intelligence activities;
``(B) to develop new military intelligence collection
capabilities; and
``(C) to represent the Department of Defense in the
intelligence community under the National Intelligence
Director.
``(b) Assignment of Forces and Civilian Personnel.--(1)
Unless otherwise directed by the Secretary of Defense, all
active and reserve military intelligence forces of the armed
forces within the elements of the Department of Defense
referred to in subsection (i)(2) shall be assigned to the
military intelligence command.
``(2) Unless otherwise directed by the Secretary of
Defense, the civilian personnel of the elements of the
Department of Defense referred to in subsection (i)(2) shall
be under the military intelligence command.
``(c) Grade of Commander.--The commander of the military
intelligence command shall hold the grade of general or, in
the case of an officer of the Navy, admiral while serving in
that position, without vacating his permanent grade. The
commander of such command shall be appointed by the
President, by and with the consent of the Senate, for service
in that position.
``(d) Duties of Commander.--Unless otherwise directed by
the President or the Secretary of Defense, the commander of
the military intelligence command shall--
``(1) carry out intelligence collection and analysis
activities in response to requests from the National
Intelligence Director; and
``(2) serve as the principle advisor to the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff, and the
National Intelligence Director on all matters relating to
military intelligence.
``(e) Authority of Commander.--(1) In addition to the
authority prescribed in section 164(c) of this title, the
commander of the military intelligence command shall be
responsible for, and shall have the authority to conduct, all
affairs of the command relating to military intelligence
activities.
``(2) The commander of the military intelligence command
shall be responsible for, and shall have the authority to
conduct, the following functions relating to military
intelligence activities:
``(A) Developing strategy, doctrine, and tactics.
``(B) Preparing and submitting to the Secretary of Defense
and the National Intelligence Director recommendations and
budget proposals for military intelligence forces and
activities.
``(C) Exercising authority, direction, and control over the
expenditure of funds for personnel and activities assigned to
the command.
``(D) Training military and civilian personnel assigned to
or under the command.
``(E) Conducting specialized courses of instruction for
military and civilian personnel assigned to or under the
command.
``(F) Validating requirements.
``(G) Establishing priorities for military intelligence in
harmony with national priorities established by the National
Intelligence Director and approved by the President.
``(H) Ensuring the interoperability of intelligence sharing
within the Department of Defense and within the intelligence
community as a whole, as directed by the National
Intelligence Director.
``(I) Formulating and submitting requirements to other
commanders of the unified combatant commands to support
military intelligence activities.
``(J) Recommending to the Secretary of Defense individuals
to head the components of the command.
``(3) The commander of the military intelligence command
shall be responsible for--
``(A) ensuring that the military intelligence requirements
of the other unified combatant commanders are satisfied; and
``(B) responding to intelligence requirements levied by the
National Intelligence Director.
``(4)(A) The commander of the military intelligence command
shall be responsible for, and shall have the authority to
conduct the development and acquisition of specialized
technical intelligence capabilities.
``(B) Subject to the authority, direction, and control of
the Secretary of Defense, the commander of the command, in
carrying out the function under subparagraph (A), shall have
authority to exercise the functions of the head of an agency
under chapter 137 of this title.
``(f) Inspector General.--The staff of the commander of the
military intelligence command shall include an inspector
general who shall conduct internal audits and inspections of
purchasing and contracting actions through the command and
such other inspector general functions as may be assigned.
``(g) Budget Matters.--(1) The commander of the military
intelligence command shall, with guidance from the National
Intelligence Director, prepare the annual budgets for the
Joint Military Intelligence Program and the Tactical
Intelligence and Related Activities program that are
presented by the Secretary of Defense to the President.
``(2) In addition to the activities of a combatant
commander for which funding may be requested under section
166(b) of this title, the budget proposal for the military
intelligence command shall include requests for funding for--
``(A) development and acquisition of military intelligence
collection systems; and
[[Page S10393]]
``(B) acquisition of other material, supplies, or services
that are peculiar to military intelligence activities.
``(h) Regulations.--The Secretary of Defense shall
prescribe regulations for the activities of the military
intelligence command. The regulations shall include
authorization for the commander of the command to provide for
operational security of military intelligence forces,
civilian personnel, and activities.
``(i) Identification of Military Intelligence Forces.--(1)
For purposes of this section, military intelligence forces
are the following:
``(A) The forces of the elements of the Department of
Defense referred to in paragraph (2) that carry out military
intelligence activities.
``(B) Any other forces of the armed forces that are
designated as military intelligence forces by the Secretary
of Defense.
``(2) The elements of the Department of Defense referred to
in this paragraph are as follows:
``(A) The Defense Intelligence Agency.
``(B) The National Security Agency.
``(C) The National Geospatial-Intelligence Agency.
``(D) The National Reconnaissance Office.
``(E) Any intelligence activities or units of the military
departments designated by the Secretary of Defense for
purposes of this section.
``(j) Military Intelligence Activities.--For purposes of
this section, military intelligence activities include each
of the following insofar as it relates to military
intelligence:
``(1) Intelligence collection.
``(2) Intelligence analysis.
``(3) Intelligence information management.
``(4) Intelligence workforce planning.
``(5) Such other activities as may be specified by the
President or the Secretary of Defense.''.
``(k) Intelligence Community Defined.--In this section, the
term `intelligence community' means the elements of the
intelligence community listed or designated under section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of that chapter is amended by inserting after the
item relating to section 167a the following new item:
``167b. Unified combatant command for military intelligence.''.
Mr. CHAMBLISS. Madam President, I call up this amendment with the
intention of withdrawing it. We had discussions with the chairman of
the committee, along with the ranking member. While we feel this is a
significantly important amendment, we are still a ways from coming to
an agreement relative to the substance of it.
Basically, in today's intelligence community, there are 15 agencies
within the Federal Government that have some jurisdiction and some
involvement. Eight of those 15 agencies are located within the
Department of Defense. We have our three combat support agencies--the
National Security Agency, the National Geospatial-Intelligence Agency,
and the National Reconnaissance Office--all of which have been
discussed very liberally within this debate. We also have the Defense
Intelligence Agency, as well as every one of the four service branches
with an intelligence division.
Under the current setup--and the setup that will be in place after
the passage of the intelligence reform bill, as it is now on the
floor--all eight of those agencies report to the Secretary of Defense
and they will report in a dual capacity to the Secretary of Defense and
the National Intelligence Director.
Senator Nelson, who has been a very strong cohort and cosponsor of
this amendment, and I strongly believe that what we need to do to
improve the effectiveness and the communication in the intelligence
community relevant to the Department of Defense is to combine all eight
of those intelligence agencies under one combatant commander, create a
new combatant commander that is at the four-star level and require all
eight of these agencies to report to that one four-star general so that
the Secretary of Defense and the national intelligence director have
one person to go to when it comes to the collection, analysis, and
dissemination of intelligence from a Department of Defense perspective.
Having been involved in this for the last 4 years, both in my last 2
years on the House side and 2 years now on the Senate side, I know how
complex the intelligence world is and how many overlaps there are
between the civilian side and the Defense Department side and how
absolutely necessary it is that we have an ongoing line of
communication between the military and civilian departments and
agencies that are involved in the collection, analysis, and
dissemination of intelligence and the sharing of that information at
different levels and across various agencies.
For the Secretary of Defense to have eight people report to him and
for the new National Intelligence Director to have eight people report
to him, when we could have one person reporting to both of those two on
issues relating to military intelligence, seems almost commonsensical
that we reduce those eight down to one if we are going to provide a
more efficient, a more effective intelligence line of communication.
That is the substance of our amendment. While I understand there is
some objection forthcoming to the inclusion of the amendment, Senator
Nelson and I wanted to offer it, we want to debate it, and we want to
make sure this entire body knows we are going to come back next year
when we have a little different forum within which to operate to offer
this amendment again as a stand-alone bill and see it to its
conclusion.
I close by saying that there is some objection from the Department of
Defense on amendment 3710. While they are not publicly objecting, if
they were asked, they would say they would rather not have a unified
combatant command for intelligence because they want to have the
flexibility of doing it the way they want to do it.
Several years ago, we had a similar situation relative to the
consolidation of special operations when this body took the lead and
told the Department of Defense: We are going to create a new
unified combatant command for special forces, or SOCOM; we are going to
create a four-star commander and consolidate all special operations
under SOCOM and that one combatant commander.
The Defense Department resisted that, but today they will tell you at
the Pentagon that it is one of the best things we have ever done. It
was this body that initiated it. Senator Nelson and I think the same
thing should apply in the area of intelligence. While I will withdraw
the amendment, we both wanted to stress that a unified combatant
command for military intelligence will be equally important for
informing the National Intelligence Director of military intelligence
requirements as it will be for assigning military intelligence
capabilities to assist in fulfilling the National Intelligence
Director's intelligence responsibilities.
I yield to my colleague from Nebraska, Senator Nelson.
The PRESIDING OFFICER. The Senator from Nebraska.
Mr. NELSON of Nebraska. Madam President, I thank my colleague for the
opportunity to join with him to support this bipartisan legislation
which we will be working to get passed in January.
As my colleague said, the new command will be a functional rather
than a regional command, just like the U.S. Strategic Command in my
State of Nebraska, and the U.S. Special Operations Command in Florida,
the U.S. Joint Forces Command in Virginia, and U.S. Transportation
Command in Illinois.
As stated, the goal of this new command will be to organize the eight
combat support intelligence elements within the Department of Defense
under a single military commander. These elements will include bringing
together what are often referred to as the alphabet agencies. Most
people know them more by their initials than they do by the actual
names. But it will bring together the DIA, or the Defense Intelligence
Agency, the National Security Agency, the National Geospatial-
Intelligence Agency, the National Reconnaissance Office, and the Army,
Navy, Air Force, and Marine intelligence offices. All total, these
offices employ thousands with budgets in the billions.
Eighty percent of all intelligence gathered by the U.S. Government is
used by our armed services, and the ability to rapidly disseminate this
information, as well as share the information, often means the
difference between success and failure in the field. This new combatant
commander will streamline the flow of information from our combat
support elements to the warfighter, an important part, an important
role for this agency.
The responsibility of the military intelligence commander will
include intelligence collection and analysis in response to requests
from the national
[[Page S10394]]
intelligence director. As we know, this past week we all heard a great
deal about whether it should be a NID, national intelligence director,
or a NIC, whether it should be about directing or coordinating. This
commander will act as the single entry point for the NID to assign
military intelligence capabilities, and will strengthen the
coordination of those efforts.
This will strengthen coordination between the NID and the Department
of Defense because without one central contact inside DOD who can
manage the military intelligence capabilities of the Department, it
will be an extraordinary challenge for somebody outside DOD, such as
the NID, to proficiently administer eight separate military
intelligence assets.
This new command will prepare and submit to the Secretary of Defense
and the NID recommendations and budget proposals for military
intelligence forces and activities. Additionally, the commander will
establish priorities for military intelligence that coincide with
national priorities established by the NID and approved by the
President. The commander will also ensure interoperability of
intelligence sharing within the Department of Defense and within the
intelligence community as a whole, as directed by the NID.
The commander will answer to the Chairman of the Joint Chiefs of
Staff, the Secretary of Defense, and the President, and will represent
the Department of Defense in the intelligence community under the NID.
I realize some of my colleagues may be asking the question whether
this new position will add yet another layer to military intelligence-
gathering agencies, but consider the fact that no military coordinator
currently exists. So I do not see this as another layer; I view it as a
necessary position that DOD has been far too long without.
Perhaps if the commander for military intelligence already existed,
then discovering how command was severed at Abu Ghraib might have been
easier. The tragedy there likely would not have been prevented
entirely, but there certainly would have been more direct lines of
accountability with a combatant commander for military intelligence.
This is an opportunity for us to debate the issue at this time, but
the opportunity to pass it after the first of the year will be one that
I think we must, in fact, take up. It will improve coordination and
will not undermine the direction of the national intelligence director,
but it will, in fact, help harmonize in the sharing of intelligence
throughout the entire military and intelligence community.
I thank my colleague from Georgia for the opportunity to participate,
and I congratulate the chairman of the committee and the ranking member
for doing an outstanding job in reforming our intelligence-gathering
agencies' operations.
It is not an easy task. We think this could be a part of it, but
rather than have any effect in slowing down the operation of what we
are doing today, we think we can take this up at another time.
Mr. CHAMBLISS. I thank the Senator from Nebraska for his always keen
insight into the problem that exists and why this amendment would help
with the solution to that problem. I look forward to continuing to work
with him when we get back in the next session of Congress.
I also thank the chairman for her effort to try to figure out some
compromise relevant to this particular issue. Senator Collins and
Senator Lieberman have been very cooperative, and it is not for a lack
of effort on their part that we are not able to come to some compromise
on this issue, but we look forward to continuing the dialogue and
working with them.
I yield the floor.
Amendment No. 3710 Withdrawn
I ask unanimous consent to withdraw the amendment.
The PRESIDING OFFICER. Without objection, the amendment is withdrawn.
The Senator from Maine.
Ms. COLLINS. Madam President, I thank the Senator from Georgia and
the Senator from Nebraska for their contributions to this debate. They
have raised an important issue. It is, as they have recognized, a
difficult and controversial issue, and I am very grateful to both of
them for being willing to raise the issue but not press forward with
their amendment at this time. I look forward to continuing to work with
both of them. Both of them are leaders in military and intelligence
matters, and I very much respect their judgment and their knowledge.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. LIEBERMAN. Madam President, I join Senator Collins in thanking
our colleagues from Georgia and Nebraska for a very thoughtful and
substantial idea that is not going to be possible to act on in this
bill, but I thank them for the question they have raised. I think they
are heading in the right direction, and I look forward to working with
them.
We have two choices. The four of us could work together on the Armed
Services Committee or we could continue to work through the
Governmental Affairs Committee, but in either case, as Senator Collins
has said, Senator Chambliss and Senator Ben Nelson are leaders in the
Senate on matters of national security and just in the best tradition
of our Government and our Congress, which is not always honored, moving
in a totally bipartisan, nonpartisan way. I thank them for that and
look forward to seeing this to fruition someday soon.
The PRESIDING OFFICER. The Senator from Maine.
Amendment No. 3934, as Modified
Ms. COLLINS. Madam President, I ask unanimous consent that we now
turn to Gregg amendment No. 3934, as modified.
The PRESIDING OFFICER. The amendment is pending.
The amendment, as modified, is as follows:
amendment no. 3934, as modified
On page 121, line 13, strike ``and analysts'' and insert
``, analysts, and related personnel''.
On page 121, line 17, strike ``and analysts'' and insert
``, analysts, and related personnel''.
On page 121, line 19, strike ``and analysts'' and insert
``, analysts, and related personnel''.
On page 123, beginning on line 8, strike ``, in
consultation with the Director of the Office of Management
and Budget, modify the'' and insert ``establish a''.
On page 123, line 11, strike ``in order to organize the
budget according to'' and insert ``to reflect''.
Ms. COLLINS. I urge adoption of the amendment.
The PRESIDING OFFICER. Is there further debate? If not, without
objection, the amendment is agreed to.
The amendment (No. 3934), as modified, was agreed to.
Ms. COLLINS. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Ms. CANTWELL. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 3933
Ms. CANTWELL. Madam President, I rise to thank the managers of this
bill for their hard work and perseverance in trying to get the
recommendations of the 9/11 Commission passed and their accommodation
of many Members with various amendments. Obviously they have been
working long before this time period, through the August recess and
since we have come back, and now we are pushing towards the final
stages.
I thank the managers of the bill for including a provision in the
bill, a Cantwell-Sessions amendment dealing with the Visa Waiver
Program and closing a loophole that I call the Ressam loophole. That is
a loophole that allowed a terrorist to go from Algiers to France to
Canada and then load up his car with explosives and head to the U.S.-
Canadian border at the State of Washington with plans to set off those
explosives, potentially, at LAX Airport or perhaps somewhere along the
way of the west corridor.
What the amendment did was to basically say to those who are our
partner countries that the United States wants to make sure that people
coming into our country on visas meet certain biometric standards so we
know who people are. If we actually knew Mr. Ressam's true identity
when he left France to go to Canada, he would have been stopped at the
Canadian border. He could have been stopped earlier in the process if
we actually knew who this individual was.
[[Page S10395]]
So what this Cantwell-Sessions amendment did, and, again, I thank the
managers for adding it, was to help us identify the types of
technologies that we hope our partner visa waiver countries also adopt
for their biometrics on visas allowing people into their country.
To put it simply, our borders will only be as strong as our partner
countries' and as they adopt standards. The last thing we want to do in
the United States is to have a process by which we are more sure of
people we are giving visas to, only to have, then, individuals who are
looking for ways to get access to the United States to go to Mexico or
Canada or France or Germany and then find their way to easy entry into
the United States by creating a new identity.
The estimates are that there are millions of passports that have been
lost or stolen and that individuals easily create new identities. But
if our partner countries in the Visa Waiver Program, such as Mexico,
France, Germany, also create biometric on their visas for people coming
into their countries, we will have a safer process of understanding and
stopping terrorists at their point of origin as opposed to continuing
to allow them to travel around the globe, creating new identities or
possibly getting easy access to our neighboring countries and then
easily sneaking across U.S. borders.
I thank the managers for their hard work and diligence on this issue
and for working to accommodate so many Members on what are very
challenging issues. We have done great work on making our borders more
secure since 9/11. We have put resources there. We have tightened our
programs. We have worked on the US VISIT implementation. But we need to
continue to understand that our security will only be as good as the
security of our partner nations, working in this battle to fight
terrorism around the globe. I very much appreciate the managers being
included in that.
If I could say, I am also pleased that the conference report on the
JOBS bill is moving. It seems to be progressing. While we are working
to finish up this 9/11 report and finish up the legislation that
implements it, I am hopeful we will be successful in passing the FSC/
ETI conference report before we leave for this recess that is scheduled
for this Friday. That is very important legislation to help companies
that want a level playing field on the trade front, helping large
companies in my State or exporters such as Boeing and Microsoft--there
are many more--to get a level playing field.
There is also tax fairness in this JOBS bill for Washingtonians and
seven other States that have not been able to deduct their sales tax
from the Federal income tax. I am glad to see that recision is in the
bill. I hope we can move forward this week to give the fairness back to
those States that have been unjustly penalized on that for about the
last 18 years. While this 9/11 legislation is moving through, I hope we
are also successful in moving the JOBS bill through and that we can
continue to work diligently on that process.
As I see no other Members who are ready to offer amendments, I will
say one more word of thanks to the incredibly hard work that is going
on in the State of Washington by the U.S. Geological Survey. Many
people realize that there is an imminent eruption of Mount St. Helens
about to take place. We have seen the ash and steam of several smaller
events occur in the last several days. But because of the investment
this country has made in the Department Interior and the U.S.
Geological Survey, we have so much more information at hand today.
In 1980, we heard the final cry of a U.S. Geological Survey worker
who said, ``Vancouver, Vancouver, this is it.'' Then he ended up losing
his life to the explosion, as did 57 other residents of the Northwest.
The impact of that volcanic explosion was so significant it impacted
various cities such as Yakima and Vancouver.
Today, because seismologists, geologists, meteorologists, and
vulcanologists also have been working together, we have much more data
and we have been able to advise the larger community on the hazards we
are facing with another eruption of Mount St. Helens. I thank the men
and women who are doing terrific work in informing all of us so we can
make great plans, so that aviation, transportation, and the health and
security of the emergency management system can do their jobs, because
we have good science and information.
I thank the managers of this bill for their hard work and
perseverance on an issue that many times during this debate didn't seem
to be very decisive, as Members have many different ideas about how we
approach terrorism and what our country needs to do to harden our
targets and to improve our intelligence operation. But I want to thank
the diligence of these Members because they are doing the work to
understand the details of this legislation. They have been doing that
work for the summer while we were out on recess, and what they did is
work to understand these amendments in detail. I appreciate their
adoption of the Cantwell-Sessions amendment, which I do believe will
help us not only make U.S. borders more secure but make our partner
countries' borders more secure and stop terrorism at the point of
origin. I thank the managers for their help and support for the passage
of this amendment.
I yield the floor.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. LIEBERMAN. Madam President, let me thank the Senator from
Washington for her kind words about Senator Collins and me, but really
much more than that, for having an excellent idea here which will
measurably increase the security of the American people.
Our borders are more secure than they were on September 10, 2001, but
they are not secure enough. We don't want to discourage people from
coming to the United States for business or pleasure, but to protect
ourselves we have to ask not only of ourselves but of other countries
that they begin to use the technology available to identify those who
are coming to our country, not for business or pleasure but to do us
harm. This amendment will move us forward on that.
Senator Cantwell has been--I think I heard her use the word
``perseverance'' with regard to the chairman and myself. She has been
the model of perseverance because she really believes in this. In the
twists and turns of the legislative process where individuals can
register objections, the Senator from Washington was here late last
night and early this morning. The result is that ultimately all the
objections faded away because this is a great idea. It was adopted.
I thank her very much and look forward to monitoring the
implementation of this as we go forward.
I yield the floor and I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Enzi). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DASCHLE. Mr. President, I ask unanimous consent that the order
for the quorum call be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
Minnesota Twins
Mr. DASCHLE. Mr. President, I will have more remarks on another
matter, but I wanted to start this morning by acknowledging yet another
remarkable year by the Minnesota Twins.
Tonight, the Twins will be playing in the Major League Baseball
playoffs, and this marks the third year in a row that the Twins have
made the playoffs.
We follow the Twins in South Dakota because we have no team ourselves
in the eastern part of the State. So the Twins have become very special
to many South Dakotans as well.
I might remind my colleagues that this is the same small market
Minnesota Twins team that was threatened not long ago with
``contraction''--a euphemism cooked up by big city owners for shutting
down a team that generations of South Dakotans have come to call their
own.
Tonight the Twins will face off against the New York Yankees, whose
huge payroll ensures that it is never a surprise when they make it to
the playoffs.
The Twins will pitch their ace, YO-han Santana--who also happens to
be a leading contender for the Cy Young award. His dominance is in many
ways a symbol of what has made the Twins so solid.
After being cast off by another team, he was brought up in the Twins
system,
[[Page S10396]]
which rewards dedication and loyalty. And like so many of the Twins
stars, he is a hard worker who leaves everything on the field.
It is no mistake that the Twins' strengths--dedication, loyalty and
hard work--are the same traits that have made the Midwest strong.
So let me add my voice to those of thousands of Twins fans across
South Dakota and Minnesota in saying to Grady and his boys, good luck.
You have made us proud, and we know you will continue to do so in the
days ahead.
HIGHER EDUCATION
Mr. DASCHLE. Mr. President, Congress, unfortunately, is going to miss
many important deadlines this year and many critical opportunities to
help relieve the increasing economic squeeze on America's families.
This morning, I would like to talk about one of those missed
opportunities, which is helping families pay for college.
We knew for 6 years that the Federal Higher Education Act would
expire on September 30. Despite that, the majority failed to set aside
time to reauthorize the law.
That leaves the Senate in the unfortunate position of having to
simply extend the current law--with no improvements, and no additional
help for the millions of middle-class families in South Dakota and
across America who are struggling to put their sons and daughters
through college.
Kim and Todd Dougherty are two of those parents. They live in
Chamberlain, SD. They have three children: two sons, ages 20 and 22,
and a daughter who is a junior in high school. Todd is a salesman. Kim
teaches second graders at a tribal school. Both of her parents were
teachers, too. This is a family that believes in education.
The Dougherty's older son, Scott, started college at a small college
in Minnesota 4 years ago but left after two semesters because of
frustration with a learning disability and came home to consider other
schools and options.
Shortly after he returned home, Scott tore the ACL ligament in his
knee. Unfortunately, he had let his health insurance lapse because he
couldn't pay his tuition and insurance premiums at the same time. His
knee surgery cost him $12,000. After his surgery, he had to start
paying back his student loans.
Today, Scott works as a cook in a restaurant. He pays $409 each month
towards his medical and student loan debts, and another $200 a month
for health insurance. That leaves him $75 a month for everything else.
He can't go back to college until he pays off a sizable portion of his
debts, and he worries that he can't get a better-paying job because he
has so much debt.
All across America, there are tens of thousands of families who are
in situations similar to the Doughertys'--or soon could be.
They are hard-working, middle-class families in which parents have
saved for years to pay for their children's college educations. There
is no margin for error in their family budgets. If one thing goes
wrong--if a parent loses a job unexpectedly, or someone in the family
has a serious illness or accident--the debts start to pile up and
suddenly, college starts to feel unattainable. Middle-class parents
watch their dreams for their children's future start to slip away.
We need to do right by these families, and that means keeping the
doors of college open to all Americans, no matter what their family's
economic circumstances.
Unfortunately, we are moving in the opposite direction. This year,
nearly a half-million Americans will be turned away from colleges
strictly for financial reasons. They can do the work, they just can't
afford the tuition.
Since President Bush took office, the average tuition at a 4-year
public college has increased 28 percent; when this year's increases are
released in about a month, that number is likely to climb to well over
30 percent.
College costs are rising faster than inflation--faster than average
family incomes--and much faster than increases in student financial
aid.
Every 2 years, a non-partisan group called the National Center for
Public Policy and Higher Education releases State-by-State report cards
on higher education. The report cards grade each State on six different
criteria. One is affordability: How large a share of their income do
families have to pay for college at a public 4-year college or
university?
Their latest report, released in early September, ought to concern us
all. Thirty-seven States--including South Dakota--got an ``F'' for
affordability. Thirty-seven of 50 States. Ten additional States
received ``Ds,'' two States got ``Cs,'' and one State received a ``B.''
No State earned an ``A.'' Even in the best-performing States, we are
losing ground; college is less affordable today than it was a decade
ago. This is a serious national problem.
What is the response from the administration and congressional
Republicans? Silence. They failed to bring the Higher Education Act up
for reauthorization.
Their oversized tax cuts have eaten up Federal resources that we
could otherwise invest in higher education, and in basic research and
investment.
The President's proposed budget for next year provides no new money
for the Perkins low-interest loan program, no new money for the College
Work Study program, and the Supplemental Educational Opportunity
Grants, and no money at all for the LEAP program--all of which help
lower-income students pay for college.
Despite the President's campaign promise in 2000 to increase the
maximum Pell grant, his proposed budget for next year freezes Pell
grants for the third year in a row.
Even worse, the administration is once again proposing changes to the
eligibility rules that would reduce Pell grants by 270 million overall
and cause 84,000 families to lose their Pell grants altogether.
I joined a bipartisan coalition of Senators to protect students and
families from these unwise changes last year--and we are determined to
prevent these cuts again this year. Making it even harder for the sons
and daughters of America's working families to afford college is the
wrong direction for America.
The repeated attempts to cut Pell grants are part of a pattern by
this administration and the Republican leadership in this Congress to
deny educational opportunities.
Earlier this year, Democrats made a simple proposal: Let's help those
Americans whose jobs are being shipped to China or India attend a
community college, where they can learn new skills to get new jobs. The
administration said, flatly, ``no'' and shut the doors of college in
the faces of these Americans.
But we want to do right by America.
We support increasing the maximum Pell grant from $4,050 to $5,100--
the amount candidate Bush called for in 2000 but has never supported as
President.
We support doubling the HOPE Scholarship tax credit from $1,500 per
student to 3,000 per student, extending the deductibility of tuition
expenses, and making the education tax credits refundable for the
poorest families. We support Senator Kerry's proposed $4,000-a-year
``College Opportunity Tax Credit'' which would be refundable for low-
income families.
Instead of the cuts the President proposes for tribal colleges and
the minuscule increases he recommends for historically black colleges
and universities, and Hispanic serving institutions, we support
significantly increasing support for these minority-serving
institutions because we believe diversity strengthens our democracy and
our economy.
We believe in expanding the use of loan-forgiveness programs to
reduce student debt while addressing crucial needs, such as placing
doctors and teachers in rural communities and inner cities.
We believe our brave National Guard and Reserve members in Iraq and
Afghanistan who are facing the same bullets as full-time military
members deserve the same education benefits. The National Guard Bill of
Rights provides that educational equity. We should pass an entire
National Guard Bill of Rights this year.
Over the course of a career, a person with a 2-year college degree
will earn an average of $400,000 more than a high school graduate.
Someone with a 4-year degree will earn $1 million more.
It is not just individuals who benefit when we open the doors of
college to
[[Page S10397]]
the sons and daughters of working families. America's economic future
depends on our ability to develop the potential of all of our people.
A while back I read a story in the New York Times. The headline read,
``U.S. Is Losing Its Dominance in the Sciences.''
The story said:
The United States has started to lose its worldwide
dominance in critical areas of science and innovation,
according to federal and private experts who point to strong
evidence like prizes awarded to Americans and the number of
papers in major professional journals.
Unless we reverse this decline and regain America's scientific and
technological knowledge, our children will grow up in a less
productive, less prosperous America.
Keeping college affordable is a very personal issue for me. I was the
first person in my family to go to college. I worked to pay for part of
my tuition, and I also had help from my parents. My mother went back to
work when I was in high school to help pay for my college education.
Even with all of us pitching in, it was still not quite enough. As so
many others today, I joined the ROTC program and I spent 3 years in the
Air Force after I graduated to pay back my loans.
I know what a difference it makes when America invests in the
children of regular working people. I also know the pride a parent
feels watching his child receive a college degree. I have seen all
three of my own children graduate from college.
We believe every American deserves those same opportunities. We will
continue to fight for them as we resolve these matters in the Senate
and elsewhere throughout our country.
I yield the floor.
The PRESIDING OFFICER. The Senator from Florida.
Mr. NELSON of Florida. Mr. President, I commend and thank the
chairman of the committee, the Senator from Maine, and the ranking
member, the Senator from Connecticut, because they have already
approved and passed last evening an amendment I had offered which will
be very helpful as we try to meet this threat of terrorism.
Indeed, we have a watch list. Recent news stories say the watch list
is not necessarily being implemented as it should by the Department of
Homeland Security. Nevertheless, we try. That watch list has been
specifically targeted to commercial aviation.
The watch list needs to be expanded because there is plenty of
opportunity of mischief, as I have said in this Chamber many times,
with regard to the securing of our seawater ports and, specifically, in
addition to cargo, the cruise ship industry and the thousands of people
who vacation on a cruise ship.
This is particularly important to my State of Florida because we have
the three largest cruise ports in the world: the Port of Miami, Port
Canavaral, and Port Everglades, all on the east coast of Florida and
all of which have these gigantic cruise ships that sail to the great
delight of the passengers. These are cruises that are sometimes only a
day but usually they are 4 to 7 days in duration. It is certainly a
place for a wonderful vacation for people to cruise to the Bahamas in
the midst of this floating hotel, a cruise ship.
Because there are several thousand people located in one place and
they are treated as passengers on an airline, checking their baggage
and their persons for all kinds of weapons and other destructive
materials, is it not logical that the watch list for avowed terrorists,
given to commercial airline companies and to TSA, should not be
administered by TSA as they check the baggage of people on cruise
ships? The answer to that is common sense. Yes, it should be.
Because of the very professional manner in which the Chair and her
ranking member of this committee have handled this legislation, they
understood that and they have agreed to the amendment. They were very
kind to pass the amendment last night. I cannot imagine this would
become an issue in the conference committee.
I give credit where credit is due, to the cruise industry. The cruise
industry recognizes the possibility for mischief. It makes sense. I
thank the cruise industry for stepping up.
I am compelled to speak about two more matters not directly related
to this but which are very timely in the consideration of the Senate.
Did the Senator from Maine have a question?
Ms. COLLINS. Would the Senator be willing to yield for two quick
unanimous consent requests?
Mr. NELSON of Florida. It is the absolute least I can do for the
gracious Senator from Maine who recognized the common sense of this
amendment. She, along with Senator Lieberman, have made it possible to
be accepted.
I certainly yield.
Ms. COLLINS. I thank the Senator for his cooperation and his
amendment.
Mr. President, I ask unanimous consent that the Senate stand in
recess from 12:30 to 2:15 today to accommodate the weekly party
luncheons and that the time in recess be counted against the
postcloture period.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. COLLINS. I thank the Senator from Florida.
Hurricane Cleanup
Mr. NELSON of Florida. Mr. President, I thank the leaders for the
tremendous job they have done in handling this legislation. Anyone who
can pass legislation in such a contentious atmosphere has to be Merlin,
the Magician. My hat is off to the Senator from Maine and the Senator
from Connecticut.
Two other very timely topics, timely in the sense of an emergency,
after having been hit by four hurricanes in Florida, with the
tremendous debris that is left over, part of the moneys we have passed
here for FEMA is for debris cleanup of which FEMA then reimburses the
local governments that go out and, either with their own crews or by
contracting out, arrange for the removal of debris. This is not only
clearly getting one's life back in order but it is also a health
question, a safety question.
I was going through some of this debris on Sunday at a mobile home
park for senior citizens called Palm Bay Estates in my home county of
Broward. All of the aluminum, particularly on carports, was whipped up
and twisted by the wind and now is in piles, with razor-sharp edges. So
it is a safety as well as a health question. The debris accumulates in
canals, in waters, in estuaries, particularly if it is of an organic
nature. Then it starts to become a health hazard as well. We simply
need to have it picked up.
But that is not the question. FEMA is taking the position that they
are not going to reimburse the local government unless it is picked up
from a public right-of-way. Yet FEMA has the authority, if it involves
the health and safety of the people, to allow the repayment for the
pickup from private rights-of-way.
Why is that important in Florida? Because we have huge senior citizen
complexes with thousands of senior citizens. But they are not public
rights-of-way, they are private rights-of-way. That debris has to be
picked up for health and safety reasons. Yet who is going to pay for
it? FEMA has the authority to do that. Since the local governments are
not going to be able to bear the cost of all that pickup, especially
after four hurricanes, the only other alternative is to assess the
residents of that area for the pickup.
Senior citizens on fixed income cannot afford that. FEMA has it under
its authority, but FEMA is not doing it. We want to give them a little
encouragement.
I have spoken to the chairman of the Homeland Security Appropriations
Subcommittee. That bill is now in conference with the House. I have
suggested some language that will give FEMA some help to recognize that
this is in the public interest, particularly in the State of Florida,
after four hurricanes, and that they should be so directed. I am
hopeful the conferees will accept that language.
Voter Registration in Florida
Mr. NELSON of Florida. Mr. President, the last item I want to talk
about is of grave concern. Yesterday was the final day for voter
registration in the State of Florida. As one can imagine, there were
huge lines at all of the registration points in Florida's 67 counties.
But there is a subtle administrative order that could be directing
extreme mischief in denying people the right to vote; for a directive,
according to the supervisor of elections in one of our counties--
specifically in Volusia--has come out from the secretary of
[[Page S10398]]
State's office, division of elections, in the capital city of
Tallahassee, that says if any piece of information on this Florida
voter registration form is missing, this voter registration is to be
treated as null and void.
Why am I concerned about that? Because they specifically say in the
directive that if the box on line 2 that states, ``Are you a U.S.
citizen?'' is not checked yes, they are to discard it, when in fact the
oath that is signed specifically states, ``I do solemnly swear or
affirm that I am a U.S. citizen. I am a legal resident of Florida.''
And the voter registration applicant signs that form.
This is a clear intent--hopefully, not an intent--it is a clear
manifestation of disenfranchising people, of not allowing them the
right to vote, if on a technicality, because on line 2 they have not
checked the box of being a U.S. citizen, but on line 17 have sworn
under oath that they are a U.S. citizen, they are saying that they are
going to discount the voter's registration application.
I hope we don't have to go to court again. I hope we don't have to do
what CNN did, go to court to strike down a law that said they were
going to strike 48,000 convicted felons but would not release that to
the public so that the public could see if those names were accurate.
And lo and behold, when the Miami Herald got hold of the list, they
found over 2,000 who were legitimate registered voters and not
convicted felons.
Why do we have to keep going back to the courts to enforce this when
what is at stake is the right of people to vote, which is absolutely a
part of the constitutional foundation of this country?
The people should have the confidence and the knowledge that if they
are eligible, they will be able to register and then, if registered to
vote, that they will have the right to vote and to have that vote
counted as they intended.
We are only about 4 weeks away from an election. I don't want to see
a repeat in Florida of what happened 4 years ago when there was so much
dissension and uncertainty. The whole electoral process has to work. It
is important that it works for the sake of our democracy. A good place
for us to start is for the secretary of State's office, the division of
elections of the State of Florida, to stop issuing such edicts and
directives to the election supervisors in Florida's 67 counties that
would cause a voter trying to register to be thrown out on a silly
omission, which is covered by their solemn oath.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Ms. COLLINS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendments Nos. 3739 and 3750, Withdrawn
Ms. COLLINS. Mr. President, I ask unanimous consent that amendments
Nos. 3739 and 3750 be withdrawn. These are amendments that had been
offered by Senator Roberts previously. He has asked that I withdraw
them on his behalf.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. COLLINS. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Ms. COLLINS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Points of Order, En Bloc
Ms. COLLINS. Mr. President, I ask unanimous consent that it now be in
order to raise points of order, en bloc against the following
amendments in that they are not germane under the provisions of rule
XXII. They are the following amendments: 3887, 3888, 3889, 3890, 3891,
3892, 3893, 3894, 3808, 3849, 3782, 3905, 3747, 3881, 3724, 3928, 3873,
3871, 3870, 3803, 3930, 3931, 3874, 3850, 3851, 3855, 3856, 3872, 3926,
and 3819.
The PRESIDING OFFICER. Is there objection to raising the points of
order?
Without objection, it is so ordered.
Ms. COLLINS. I announce that this will allow us to officially
consider the remaining germane amendments. The nongermane amendments,
as determined last week, will fall under this order. We will continue
to work through the pending amendments that remain at the desk as we
move toward completing this bill.
The PRESIDING OFFICER. The Senator from Connecticut.
Mr. LIEBERMAN. Mr. President, I have no objection. I want to ask
Senator Collins, through you, my staff thought the Senator from Maine
may have inadvertently read 3908 as 3808. Just to clarify, it is 3908.
Ms. COLLINS. Mr. President, I would not be surprised.
Mr. LIEBERMAN. Their ears are much better than mine.
Ms. COLLINS. I ask unanimous consent that the list be corrected to
indicate the correct number is 3908.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Chair sustains the points of order, en bloc. The amendments fall.
Ms. COLLINS. Thank you, Mr. President. I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LAUTENBERG. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LAUTENBERG. Mr. President, I ask unanimous consent I be able to
speak for up to 15 minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
IRAQ
Mr. LAUTENBERG. Mr. President, I want to discuss the situation in
Iraq.
Every day we see the terrible news about innocent Iraqis being
killed, about the terrible tension in the country, about our young
people being attacked and killed and, frankly, the mess we are
witnessing, which is painful to see.
It came home today in a stark recitation, in a statement by Paul
Bremer.
Paul Bremer was sent to Iraq to be in charge of the transition as we
tried to go from the culmination of what appeared to be the end of the
violence until we got to a government that was going to be run by
Iraqis on an interim basis and the vote coming up in January. But what
we heard from Mr. Bremer was painful to hear, and it has to be
particularly painful to President Bush and his administration. What he
said was there were not enough troops to do their job. We believed that
from the beginning. General Shinseki said it, and he was overruled by
the Pentagon and by the Defense Secretary. He was fired for saying: We
need more troops to do the job, Mr. President.
People across the country understand that we need more people. Over
300,000 I believe was the number he used. He now says that and the
failure to immediately stop the looting, stop the violence, and stop
the response from those who would commit violence on the country were
part of the reasons we are in this terrible situation we are in.
Last week, we finally had a chance to hear what President Bush's
plans for Iraq were. And this is the image of what we got. It is blank.
It says nothing. There is no plan.
Last Thursday, we heard repetition from President Bush, the same
tired slogans we have heard for almost 2 years now, no plan was
articulated, no new ideas, nothing, just the same as we see on this
placard. President Bush basically said that we are going to get more of
the same in Iraq. What a terrible condition that is. Iraq has become an
absolute crisis, and there is no plan to fix the situation.
When the President asked Senator John Kerry what his plan is, it adds
insult to injury. He has a plan. He talked about his plan. But the
President has offered nothing on his side and challenges John Kerry to
have a plan, and John Kerry presents a plan and the President doesn't
show any. The President is showing a stubbornness. He calls it
``staying the course.'' It is a stubbornness that is costing American
lives, the lives of our young people, the lives of our soldiers, and
the lives of American workers in Iraq.
We need a dramatic change in direction. Everything that was assumed
to be in order was wrong. They were
[[Page S10399]]
wrong about the weapons of mass destruction, and they were wrong about
how our troops would be greeted on the streets of Iraq. Certainly, as I
said earlier, they were wrong about how many troops we needed to secure
the country. They were wrong about the reaction of the Shiites. They
were wrong about how long the conflict would last and the toll it would
take on Americans lives.
The President and his team have just about done it wrong. The
President's worst adviser in terms of being wrong on almost everything
is Vice President Cheney.
At the outset of the war in March of 2003, Vice President Cheney
declared:
We will, in fact, be greeted as liberators.
In fact, be greeted as liberators? In fact? I don't think so.
But maybe the reason Vice President Cheney kept getting things wrong
on the war is he has not ever seen it. He has never worn a uniform, and
he was never on a battlefield. In fact, when duty called, Vice
President Cheney turned his back on the call while many answered the
call to serve. Dick Cheney took five student deferments in order to
avoid service in Vietnam.
He wasn't, however, the only member of the Bush team who kept getting
it wrong. I want to review some of the quotes of President Bush's top
advisers. One is by Secretary Donald Rumsfeld. He said on February 7,
2003:
It is unknowable how long that conflict will last. It could
last 6 days, 6 weeks, I doubt 6 months.
It is one thing to be wrong one time but you try to correct the
situation.
Here is what Deputy Defense Secretary Paul Wolfowitz said:
We know that there are ties between the Iraqi regime and a
whole range of terrorist groups, including al-Qaida, and we
know that Saddam has these weapons.
Again, what kind of a statement is that? It doesn't tell us anything
except that we are wrong.
When we look at other statements that have been made, on March 30,
2003, Defense Secretary Rumsfeld said:
The area in the south and the west and the north that
coalition forces control is substantial. It happens not to be
the area where weapons of mass destruction were dispersed. We
know where they were. They're in the area around Tikrit, and
Baghdad and east, west, south and north somewhat.
Each one of these statements indicates a lack of knowledge and a lack
of understanding as to what was going to happen when this war was
concluded. It has not been concluded.
When we look at the cost of the war, as of today, 1,058 our troops
have died, some 7,000 injured, many with terrible injuries that will
handicap them all of their lives.
We need to change course. We don't need more of the same. Senator
Kerry, our colleague, is offering a new direction, and that is what we
need. We need to stop bearing the entire burden of Iraq. We are taking
90 percent of the casualties, and the American taxpayers have shelled
out almost $200 billion for Iraq. It is not right. It is not fair to
the American taxpayers. It is certainly not fair to the families whose
young sons and daughters are in service over there. Senator Kerry
prepared a plan for a new direction in Iraq, a direction that will
bring other countries to the table.
President Bush makes reference to Poland helping us in Iraq. He was
almost obsessed with Poland during the debate.
What are the facts? Poland has 2,500 troops in Iraq, and they
announced just this week they are getting out. They will have all of
their troops pulled out sometime next year. Thailand wants to take its
troops out--I think they have some 400 people there.
Again, under the administration's war plan, we are left with even
more of the burden, and we are left with almost all of the costs both
in terms of our soldiers' lives and American taxpayer dollars. All that
has been accomplished in the last 2 years is we have alienated critical
allies, and we are paying the price for that.
A big part of the problem is that the President refuses to accept
reality.
Last week in a television interview President Bush was asked whether
he regrets the moment on the aircraft carrier on May 21st in 2003, the
infamous ``Mission accomplished'' speech. Incredibly, President Bush
said he would do it all over again. In fact, in response to that
question, would he have done it, he said he would ``absolutely'' do it
again. He went on to say, ``You bet I'd do it again.''
It is incredible. He made that speech approximately a year and a half
ago, saying, ``Mission accomplished.'' That meant it was over, that we
would not have to worry about things.
Instead, we have lost over 800 people, four or five times the number
killed during what was considered the active part of the war. We are
moving to the delusional. The President does not regret telling our
Nation's military families ``Mission accomplished''? He does not regret
giving families false hope that major combat operations had ended?
We are now facing the biggest fallout of reservists ever in the State
of New Jersey. There are pictures in the paper of men and women, saying
they are scared; they are worried. Their families are frightened. Their
kids are scared. Their spouses are scared. They know darn well it is
dangerous over there.
Does the President regret taunting the terrorists and insurgents when
he said ``Bring 'em on''? I'm sure the men and women on the ground in
Iraq wish he had never said those words.
When I was wearing a uniform a long time ago, during World War II in
Europe, I never wanted to see the enemy. I never wanted to see anyone
who was hostile.
It was the wrong thing to say. I hope one day we will be able to face
up to the truth that these were terrible statements.
More recently, President Bush told the world that the war on terror
could not be won, but a couple days later he said, no, no, we will win.
When the President was asked about a CIA report and the material he was
looking at on intelligence, he said he dismisses the CIA report as just
guessing when they told him the situation in Iraq was bad and could get
much worse. Just guessing? The arm of our intelligence corps that is
supposed to have the latest and the fullest data, and they are just
guessing?
We need someone to take the bad news seriously, a President who will
react to it and fix the situation. So far, President Bush simply
ignored the bad news. I guess he hopes it goes away.
Unfortunately, he is inflexible on one simple point. He would repeat
every one of the mistakes he has made over the last few years. The plan
to go to war without a real alliance in place, he would do again. The
decision to ignore the advice from General Shinseki that 300,000 troops
would be needed, he would ignore the general's advice again. The
argument that Saddam had weapons of mass destruction to reconstitute a
nuclear programs, links to al-Qaida, he would make all of those
arguments again.
All of this while ignoring, for all practical purposes, North Korea,
Iran, countries that are actually developing nuclear weapons, while
taking some of the attention away from the pursuit of Osama bin Laden
who killed 3,000 Americans.
Not only does the President like to stick with bad ideas but there
are flip-flops when someone else suggested good ideas, often resisting
and then supporting. One flip was the Department of Homeland support.
President Bush strongly opposed creating it in March 2002. His
spokesman said a Homeland Security Department ``doesn't solve
anything.'' Then flopping 3 months later, the President said he did
want a Homeland Security Department.
President George Bush opposed creation of the 9/11 Commission. In
April of 2002, President Bush said he was against the creation of the
9/11 Commission. He flopped after that as a result of increased
political pressure. The President said he does support creating the 9/
11 Commission in September of the same year. In April, no; In
September, yes. It goes on and on.
Then the President, in response to an inquiry about Osama bin Laden,
which in September of 2001 President Bush said he wanted Osama bin
Laden dead or alive. In March of 2002, President Bush said, I don't
know where he is; I truly am not that concerned about him.
Not concerned? He murdered 3,000 Americans, 700 of my constituents in
New Jersey. A terrible comment.
What we have seen shows we are on a very bad track right now. In
fairness to the American people, families, those who are serving, we
ought to come forward with a statement about what we
[[Page S10400]]
intend to do. How much longer will we have to have people in harm's
way? How are we going to get the troops that it is suggested are
needed--30,000 or 40,000? Where will they come from? Is there an
intention to initiate a draft? I don't know where we are going to get
the soldiers and other service people to fill these obligations.
I know one thing. Every day we read about another American
serviceperson being killed or American civilians being captured or
beheaded, it tells everyone in the country we are on the wrong path and
we have to make a change.
I hope President Bush, even in this interi
