[Congressional Record Volume 160, Number 150 (Wednesday, December 10, 2014)]
[Senate]
[Pages S6470-S6480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECTING VOLUNTEER FIREFIGHTERS AND EMERGENCY RESPONDERS ACT OF 2014
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of the message to accompany H.R. 3979,
which the clerk will report.
The assistant legislative clerk read as follows:
Motion to concur in the House amendment to the Senate
amendment to H.R. 3979, an act to amend the Internal Revenue
Code of 1986 to ensure that emergency services volunteers are
not taken into account as employees under the shared
responsibility requirements contained in the Patient
Protection and Affordable Care Act.
Pending:
Reid motion to concur in the amendment of the House to the
amendment of the Senate to the bill.
Reid motion to concur in the amendment of the House to the
amendment of the Senate to the bill, with Reid amendment No.
3984 (to the amendment of the House to the amendment of the
Senate to the bill), to change the enactment date.
Reid amendment No. 3985 (to amendment No. 3984), of a
perfecting nature.
Reid motion to refer the message of the House on the bill
to the Committee on Armed Services, with instructions, Reid
amendment No. 3986, to change the enactment date.
Reid amendment No. 3987 (to (the instructions) amendment
No. 3986), of a perfecting nature.
Reid amendment No. 3988 (to amendment No. 3987), of a
perfecting nature.
The ACTING PRESIDENT pro tempore. The Senator from Michigan.
Mr. LEVIN. Mr. President, I am pleased to join with Senator Inhofe,
the ranking Republican on the Senate Armed Services Committee, to bring
to the floor H.R. 3979. This is the agreement between the Armed
Services Committees of the Senate and House on the National Defense
Authorization Act for Fiscal Year 2015. The House of Representatives
passed the bill last week by a vote of 300 to 119. If we succeed in the
Senate, it will mark the 53rd year in a row that we have enacted this
bill that is so essential to the defense of our Nation and to our men
and women in uniform and their families.
I thank all the members of the staff of the Senate Armed Services
Committee, especially our subcommittee chairs for the hard work they
have done to get us to the finish line on this bill. I thank Senator
Inhofe for his close partnership. Before this Congress I had been
fortunate to serve with a series of Republican chairmen and ranking
members, including John McCain, John Warner, and Strom Thurmond. They
understood and appreciated the traditions of our committee and the
importance of the legislation we enact every year for our men and women
in uniform. That is what this is all about. Jim Inhofe, our ranking
Republican in this Congress, has upheld that tradition of
bipartisanship and dedication to enacting this important legislation
through particularly challenging circumstances.
Our bill includes hundreds of important provisions to authorize the
activities of the Department of Defense and to provide for the well-
being of our men and women in uniform and their families. The bill will
enable the military services to continue paying special pay and bonuses
needed for recruitment and retention of key personnel. It strengthens
survivor benefits for disabled children of servicemembers and retirees.
It includes provisions addressing the employment of military spouses,
job placement for veterans, and military child custody disputes. It
addresses military hazing, military suicide, post-traumatic stress
disorder, and mental health problems in the military. It provides
continuing impact to support military families and local school
districts.
The bill includes 20 provisions to continue to build on the progress
we are starting to make in addressing the scourge of sexual assault in
the military. Key provisions will eliminate the so-called good soldier
defense, give victims a voice in whether their case is prosecuted in
military or civilian courts, give victims the right to challenge court-
martial rulings that violate their rights at the court of criminal
appeals, and would strengthen the psychotherapist-patient privilege.
Last week we received the welcome news that the number of incidents of
unwanted sexual contact in the military is down and that more incidents
are being reported so victims can receive the care and assistance they
need and perpetrators can be brought to justice. With the enactment of
the legislation before us and the commitment of military leaders, we
hope to build on these trends.
The bill provides continued funding and authorities for ongoing
operations in Afghanistan and for our forces conducting operations
against the Islamic State in Iraq and Syria called ISIS.
As requested by the administration, it authorizes the Department of
Defense to train and equip vetted members of the moderate Syrian
opposition and to train and equip national and local forces who are
actively fighting ISIS in Iraq. It establishes a counterterrorism
partnership fund that provides the administration new flexibility in
addressing emerging terrorist threats around the world. In addition,
the bill extends the Afghanistan Special Immigrant Visa Program,
providing for 4,000 new visas, and addresses a legal glitch that
precluded members of the ruling parties in Kurdistan from receiving
visas under the Immigration and Nationality Act.
The authority provided in this bill to train and equip local forces
in Iraq and Syria to take on ISIS is particularly important because our
military leaders and intelligence experts have uniformly told us
airstrikes alone will not be sufficient to defeat ISIS. American air
power has changed the momentum on the ground somewhat and given
moderates in the region an opportunity
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to regroup, but ISIS cannot be defeated without an opposing force to
take the fight to it on the ground. To do that, our Arab and Muslim
partners must be in the lead because the fight with ISIS is primarily a
struggle within Islam for the hearts and minds of Muslims. Training and
equipping our moderate Muslim allies gives us a way to move beyond the
use of air power to support them in this fight.
Our bill takes steps to respond to Russian aggression in Ukraine by
authorizing $1 billion for a European Reassurance Initiative to enhance
the U.S. military presence in Europe and build partner capacity to
respond to security threats, of which no less than $75 million would be
committed for activities and assistance to support Ukraine by requiring
a review of U.S. and NATO force posture, readiness and contingency
plans in Europe and by expressing support for both nonprovocative
defense military assistance--both lethal and non lethal--to Ukraine.
The bill adds hundreds of millions of dollars in funding to improve
the readiness of our Armed Forces across all branches--Active, Guard,
and Reserve--to help blunt some--and I emphasize some--of the negative
effects of sequestration. It includes provisions increasing funding for
science and technology, providing women-owned small businesses the same
sole-source contracting authority that is already available to other
categories of small businesses, expanding the No Contracting With the
Enemy Act to all government agencies and requiring governmentwide
reform of information technology acquisition. Although we were unable
to bring the Senate-reported bill to the floor for amendment, we
established an informal clearing process pursuant to which we were able
to clear 44 Senate amendments--roughly an equal number of Democratic
and Republican amendments--and include them in the new bill which is
before us.
I am pleased the bill also includes a half dozen provisions to
address the growing cyber threat to critical information systems of the
Department of Defense and the Nation. One provision which was added to
the bill was the Levin-McCain amendment, which requires the President
to identify nations that engage in economic or industrial espionage
against the United States through cyber space and provides authority to
impose trade sanctions on persons determined to be knowingly engaged in
such espionage.
A second provision which arose out of a committee investigation of
cyber threats to the Department of Defense requires the Secretary of
Defense to establish procedures for identifying contractors that are
operationally critical to mobilization, deployment or sustainment of
contingency operations and to ensure that such contractors report any
successful penetrations of their computer networks. Much more remains
to be done, but these are important first steps as we begin to respond
to the serious threat posed to U.S. interests by cyber attacks.
With regard to military compensation reform, we adopted a number of
proposals to slow the growth of personnel costs in fiscal year 2015, as
needed to enable the Department of Defense to begin to address
readiness shortfalls in a fiscal environment constrained by
sequestration-level budgets, while deferring further changes to be made
in future years if sequestration is not adequately addressed.
In particular, the Department requested pay raises below the rate of
inflation for 5 years. This bill provides a pay raise below the rate of
inflation for fiscal year 2015, deferring decisions on future pay
raises to later bills. The Department requested that we slow the growth
of the basic allowance for housing by permitting adjustments below the
rate of inflation for 3 years. This bill would slow the growth of the
basic allowance for housing for fiscal year 2015, deferring decisions
on future increases to later bills. The Department requested that we
gradually increase copays for TRICARE pharmaceuticals over 10 years.
This bill includes a proportionate increase in copays for fiscal year
2015, deferring decisions on future increases to later bills.
These are not steps any of us want to have to take; however, the
Budget Control Act of 2011 cut $1 trillion from the planned Department
of Defense budget over a 10-year period. Our senior military leaders
told us they simply cannot meet sequestration budget levels without
structural changes--canceling programs, retiring weapon systems, and
reducing the growth in benefits--to reduce the size and cost of our
military.
A year and a half ago when sequestration was first triggered, the
Chairman of the Joint Chiefs of Staff testified that sequestration
``will severely limit our ability to implement our defense strategy. It
will put the nation at greater risk of coercion, and it will break
faith with men and women in uniform.'' At a hearing this spring, he
told us that ``delaying adjustments to military compensation will cause
additional, disproportionate cuts to force structure, readiness, and
modernization.''
The Department of Defense budget proposal also proposed to retire
several weapon systems in an effort to meet sequestration-level budget
ceilings. For example, the Department proposed to take half of the
Navy's fleet of cruisers out of service and to retire the Army's entire
fleet of scout and training helicopters. With regard to Navy cruisers,
our bill allows the Navy to take two cruisers out of service this year,
deferring a decision on additional ships until next year's budget. With
regard to Army helicopters, the National Guard objected to the plan to
consolidate Apache attack helicopters in the Active component so they
can operate at the higher operational tempo needed to both fill their
own mission and replace the Kiowa mission. The Guard maintains that the
Army should be able to achieve needed savings and meet mission
requirements without transferring Apaches from the Reserve components
to the Active Army.
Our bill establishes an independent commission on the future of the
Army to examine Army force structure and make recommendations as to the
best way forward for Army helicopters. Because the Army needs the
savings generated by the helicopter restructuring now, the bill would
allow the transfer of 48 Apache helicopters--as called for in both the
Army plan and the alternative National Guard plan--before the
commission reports. Additional transfers would depend on the
recommendations of the commission and subsequent Department or
congressional action.
Sequestration is damaging enough to our military, but the damage will
be far worse if we insist that the Department conduct business as usual
without regard to the changed budget circumstances. The budget caps
imposed by sequestration mean that every dollar we choose to spend on a
program that we refuse to cancel or reduce has to come from another
higher priority program. Our senior military leaders have told us that
this will mean planes that can't fly, ships that can't sail, and
soldiers, sailors, airmen, and marines who are not properly trained and
equipped for the mission we expect them to accomplish. As the Vice
Chairman of the Joint Chiefs of Staff told us in January, sending
troops into harm's way without training, equipment, or the latest
technology is a breach of trust with the troops and their families.
The painful measures included in this bill are just a downpayment on
the changes that will be needed if sequestration is not repealed.
Delaying these changes will only make the pain worse later on while
damaging the readiness of our troops to carry out their missions when
we call upon them.
I am disappointed that we were unable to make further progress in
this bill toward the objective of closing the detention facility at
Guantanamo, Cuba. The Senate committee-reported bill included a
provision that would have allowed the Department of Defense to bring
Gitmo detainees to the United States, subject to a series of legal
protections, for detention and trial. The provision also included an
amendment--this is the provision in the Senate committee-passed bill--
which was offered by Senator Graham that would require the President,
before authorizing the transfer of any detainees to the United States,
to present a plan to Congress and that Congress would be afforded an
opportunity to disapprove the plan using expedited procedures. It would
have been a joint resolution.
I continue to believe the Gitmo facility undermines our interests
around the world and has made it more difficult to try to convict the
terrorists
[[Page S6472]]
who are detained there, and I am disappointed that the House leadership
refused to consider this provision even with the Graham amendment.
Finally, our bill includes a lands package that Senator Inhofe and I
agreed to include based on the bipartisan, bicameral request of the
committees of jurisdiction and the overwhelming support of our
colleagues. The contents of the lands package were worked out by the
House Natural Resources Committee and the Senate Energy and Natural
Resources Committee, which will be managing that part of the bill on
the Senate floor. We have been assured that all provisions have been
cleared and that the package has been cleared by the chairmen and
ranking minority members of the relevant committees.
Mr. President, I ask unanimous consent that a full list of the names
of our majority and minority staff members, who have given so much of
themselves and their families, be printed in the Record at this point.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Peter K. Levine, Staff Director, John A. Bonsell, Minority
Staff Director, Daniel C. Adams, Minority Associate Counsel,
Adam J. Barker, Professional Staff Member, Steven M. Barney,
Minority Counsel, June M. Borawski, Printing and Documents
Clerk, Leah C. Brewer, Nominations and Hearings Clerk,
William S. Castle, Minority General Counsel, John D. Cewe,
Professional Staff Member, Samantha L. Clark, Minority
Associate Counsel, Jonathan D. Clark, Counsel, Allen M.
Edwards, Professional Staff Member, Jonathan S. Epstein,
Counsel, Richard W. Fieldhouse, Professional Staff Member,
Lauren M. Gillis, Staff Assistant, Thomas W. Goffus,
Professional Staff Member, Creighton Greene, Professional
Staff Member, Ozge Guzelsu, Counsel, Daniel J. Harder, Staff
Assistant, Alexandra M. Hathaway, Staff Assistant, Ambrose R.
Hock, Professional Staff Member, Gary J. Howard, Systems
Administrator.
Michael J. Kuiken, Professional Staff Member, Mary J. Kyle,
Legislative Clerk, Anthony J. Lazarski, Professional Staff
Member, Gerald J. Leeling, General Counsel, Daniel A. Lerner,
Professional Staff Member, Gregory R. Lilly, Minority Clerk,
Jason W. Maroney, Counsel, Thomas K. McConnell, Professional
Staff Member, Mariah K. McNamara, Special Assistant to the
Staff Director, William G. P. Monahan, Counsel, Natalie M.
Nicolas, Minority Research Analyst, Michael J. Noblet,
Professional Staff Member, Cindy Pearson, Assistant Chief
Clerk and Security Manager, Roy F. Phillips, Professional
Staff Member, John H. Quirk V, Professional Staff Member,
Brendan J. Sawyer, Staff Assistant, Arun A. Seraphin,
Professional Staff Member, Travis E. Smith, Chief Clerk,
Robert M. Soofer, Professional Staff Member, William K.
Sutey, Professional Staff Member, Robert T. Waisanen, Staff
Assistant, Barry C. Walker, Security Officer.
Mr. LEVIN. I thank the Presiding Officer and yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Oklahoma.
Mr. INHOFE. Mr. President, first, I have to say what a joy it is to
work with Senator Levin. I know the public thinks that no Republicans
like any Democrats and vice versa--at least those are the flames they
try to fan--and that is not true.
I can only think of two issues on which Senator Levin and I disagreed
with each other. He has been through 16 of the NDAAs as either chairman
or ranking member. I am sure that is some kind of a record. But to work
with someone who you know will be totally honest with you even when you
have a difference of opinion is really a joy. I hope we can be an
example for some of the other committees that don't have that much joy
when they are working on an issue.
The long history he has had here and the integrity he has expressed
will be sorely missed, I have to say to my good friend Senator Levin.
As Senator Levin said, we will have to get to the bill before we
leave. This bill has passed for 52 consecutive years, and that really
says something. But each year there is always a problem.
The comment that was made on the land package--I think the process is
wrong regardless of the merits of the bill. As was pointed out by
Senator Levin, it was supported in a bipartisan way by all the
appropriate committees; however, that is not us, that is them. The
process should not allow others to come in on this bill, so I think it
is flawed. I don't think it will happen again. I really don't.
I talked to the people who will be involved in next year's NDAA,
which, by the way, we will start working on in February of next year.
I will go over a couple of other reasons why we have to get this bill
done. As I said, we have done this for 52 consecutive years, and I am
sure we are going to be able to get this done.
We passed this bill out to the floor from our committee--the
committee chaired by Senator Levin--on May 23, the day after it was
done in the House committee. So we were ready to do this way back in
May, and the problem was we could not get it on the floor.
I can remember coming down to the floor with Senator Levin and
begging people to bring amendments to us. We have to have amendments
down here because we can't expect the leader to bring this to the floor
unless we know people will work with us on amendments. So eventually
they did bring amendments, and we responded. We had many amendments. I
don't remember exactly how many amendments were put forth, but I do
remember we considered and put 47 amendments into this package--we did
it through the big four method, which was the only thing left for us to
do--47 amendments divided almost equally between Republicans and
Democrats. We considered those amendments and put them in as a part of
the bill.
Of course, despite pushing for months that the NDAA be considered
under regular order, which we should have done, we find ourselves in
the unfortunate situation we are in today. It is reminiscent of last
year. Last year we went all the way up to December 26 before we finally
passed it.
It would really be a disaster if we didn't pass it. People don't
realize that if we don't pass this bill--our last chance is this week
because the House will be out of there. There will be no way to have
amendments or change anything now from the product we have. We already
have a lot of the amendments in, but we can't make changes to them. We
can't have another bill because we have run out of time. It will not
happen unless it happens with this bill. I know a lot of people would
prefer to have something else, although I know this bill is going to
pass by a large margin. It is a good bill.
People wonder what would happen if we didn't pass this bill. It would
be a disaster. Enlistment bonuses--a lot of these kids have been over
there serving, and they have been told they will have certain things,
and one of them is the bonuses. Well, all of a sudden, on December 31,
if we don't have a bill, those expire and those kids will not have
enlistment or reenlistment bonuses.
The incentives are important in order to keep troops with critical
skills. We hear a lot about the SEALs and the great work they do. These
critical skills incentives will go away on December 31.
There is also incentive pay for pilots. I have researched this
because there is a lot of competition out there for our pilots--pilots
for heavy vehicles, as well as strike fighters. Right now there is a
competition with the airlines. Everyone wants to hire these guys, so
there is competition out there. All of a sudden the flight pay would
come out on December 31 if we don't pass this bill, and that means we
will lose some of these guys. It is a $25,000-a-year bonus for these
guys over a 10-year period, so it is $250,000. However, for each one
who decides not to come back--to retrain someone to the status of an F-
22 would cost about $17 million. We are looking at bonuses that might
be $25,000, but the alternative, if we don't get this done by December
31, would cost $17 million for each pilot who needs to be trained. So
that is very significant. We have skill incentive pay and proficiency
bonuses for all of those. So that singularly would be enough reason to
say we have to have it; we just can't do without it. Stopping all
military construction, which would be on December 31.
One of the areas where the chairman and I disagree is on Gitmo. We
have had a friendly and honest difference of opinion on that. I look at
Gitmo as one of the few resources we have that is a good deal for
government. We have had it since 1904 and it only costs us $4,000 and
half the time Cuba forgets to charge us, so it is a pretty good deal.
There is no place else we can put, in my opinion, the combatants.
People say bring them back to the United States. The problem is if we
intermingle prisoners at Gitmo with the
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prison population--these people at Gitmo are not criminals, they are
people who teach terrorists. So there are a lot of arguments against
bringing Gitmo prisoners to the United States. That in itself would be
a 2-hour speech, so I will not get into it now.
There are some areas where the chairman and I disagree and there were
a lot of compromises because we knew we had to have the bill. If we
don't pass this bill, there will be no European Reassurance Initiative
to stand up against Russian aggression. I shouldn't have done this
because I was on the ballot this year for reelection, but for the week
prior to our election, I went over to see what was happening in Ukraine
because Ukraine was having their elections the week before we had our
elections. Not many people are aware that in Ukraine, Poroshenko--what
happened in their election in Ukraine, a political party cannot have a
seat in Parliament unless they get 5 percent of the vote. The vote took
place 1 week before our vote. This will be the first time in 96 years
that the Communist Party will not have one seat in Parliament. That is
amazing. We have to understand what is happening with Putin.
I also went to Lithuania and Estonia and Latvia and those areas in
the Baltics. That is another problem we have. They want to give us the
assurance that it is not just Putin in Ukraine, but they are becoming
aggressive. I coined the term for what Putin is trying to do, ``de-
Reaganize'' Europe, to try to take out all the freedoms that were there
and try to put a coalition together. That is a huge issue, and it is
addressed in this bill in a very aggressive way with the reassurance
initiative.
Also, if we don't pass this bill, we would not have the
Counterterrorism Partnership Fund, which I think we are all aware is so
necessary with ISIL on the rampage they are pursuing.
So we have a lot of provisions. I think the chairman did a good job
of covering them. A couple of them perhaps might have been overlooked
or that I might add for my own personal interests. One is the support
of the Aircraft Modernization Program. Historically, we have always had
the best of everything, but now when we look at China and at Russia and
what they are doing, it is a very difficult situation for us. We had
the F-22; the President terminated that program his first year in
office. So now we have all of our eggs in the basket in terms of the
strike vehicles and the F-35. A lot of people don't like the F-35, but
that is what we have to have and that is in this bill to continue with
that.
The E-2D surveillance aircraft is one very few people know about. It
is one of the ugliest airplanes in the sky, but it is one that is
necessary for surveillance and other functions of government.
We have the KC-46 tanker aircraft. We have been using the KC-135 now
for decades and we have to go toward a more modern vehicle, and we do
have on the books that we will continue to do that, working with the
KC-46. So several others--some improvements to the workhorse of the
military, the C-130 aircraft, and other vehicles.
Without this bill, we are going to have to stop some of these
projects, so think about the cost. We are in the midst of contracts
right now that we could be in jeopardy of losing.
The construction on military and family housing is there. It is very
significant.
So I think all of these pieces--and one piece I think people are
interested in is this will end the reliance on Russian-made rocket
engines. We hear a lot about that. This bill includes a timeframe for
when the current contracts run out, so that we are going to be
developing our own rocket engine. I have heard from a lot of outside
experts. Tom Stafford is one of the famous astronauts from Oklahoma. He
and I have talked at length about what we are going to be able to do
with some of these rocket engines. So I think this is enough reason why
we have to do this, and I think everyone realizes that.
We have heard a lot of talk that frankly is not true. Unfortunately,
there are some groups that are kind of antimilitary groups that came
out with some statements that weren't true and some of the talk show
hosts I admire were given information that wasn't quite as accurate as
it should have been.
Right now, if we can think of no other single major reason to pass
this bill, it is to take care of those individuals who are in the field
right now who are fighting. We have the exact count, to make sure we
use accurate figures. As of today, 1,779,343 troops in the field or
enlisted personnel. These are the ones who can be affected, 1.8 million
of them. We would be reneging on the commitments we have made to them.
We have heard criticism that we are somehow cutting their benefits to
put in a land package. That just isn't true. We don't need to talk
about this because that is not our committee. That is the committee
referred to by the chairman in his remarks--the Energy and
Natural Resources Committees of the House and the Senate. But it is
budget neutral. Over a 10-year period, the CBO says it is budget
neutral. So there is no legitimate argument that we are using any of
the funds that would otherwise go to the military on the land package.
I have to say the process was wrong. We have done this in the past
and we are not going to do it again. We shouldn't have had a land
package come in that has nothing to do with defense, but nonetheless it
is there. I was offended by the process. Frankly--I have to confess,
and it is good for the soul, I guess--I thought after reading it, it
was a pretty good bill. If it would have been brought up outside of
this bill, I would have still voted for it. But the process is wrong,
and I think we all understand that. We did the best we could.
We have these things that are going on right now, and I think we
can't take a chance on not having or, for the first time in 53 years,
not passing an NDAA bill by the end of the year. It would be a crisis.
The system could be criticized for the way it happened. Considering
that we passed our bill out of the committee on May 23, we should have
had it on the floor. We should have had it done in regular order. We
will do everything we can in the future to try to make that happen. For
two consecutive years now we have not been able to do that. We have had
to go through the system of what they call the Big Four--the chairman
and ranking member of the House and the chairman and ranking member of
the Senate--to pass this bill. I think in this case we have come up
with a good bill. We have been able to incorporate 47 of the amendments
that have come from those that were filed to be added on the floor. So
we have done the best we can. There is no other alternative now when we
consider what will happen if for some unknown reason this would be the
first year in 53 years that we don't have an NDAA bill.
I will just repeat what I started off with; that is, what a joy it
has been to work with Carl Levin over these years in the capacity of
either the chairman or the ranking member of the Senate Armed Services
Committee. He will be sorely missed. Oddly enough, we also have the
same situation happening over on the House side with Buck McKeon. I
served with him when I served in the House. He is going to be retiring
after this year as well. So we have two retiring chairmen of what I
consider to be the most significant committees in Washington.
We are going to continue to work together for the rest of this bill.
We have a good bill, and we are going to uphold our obligation to the
1,779,343 enlisted personnel in the field. We are not going to let them
down.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Michigan.
Mr. LEVIN. Mr. President, first let me thank Senator Inhofe for his
friendship, most importantly, but also for the great partnership we
have enjoyed. It has been a real pleasure working with the Senator from
Oklahoma. I should perhaps also say we are confident our successors
will carry on this tradition as well. Senator McCain, the new chairman,
and Senator Jack Reed will be the new ranking member and they will be
carrying on this tradition that we have done everything we know how to
do to maintain.
I wish to again thank my good friend Jim Inhofe and his staff who
worked so well with the staff on this side. We talk about this side of
the aisle and that side of the aisle. In this bill obviously there will
be differences--very rarely,
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by the way, on a partisan basis, even when there are differences. But
the aisle sort of disappears when it comes to the Defense authorization
bill, and that is the way it should be.
I yield the floor.
Mr. INHOFE. Mr. President, let me reclaim my time just to make one
other comment. The two people who are sitting here, Peter Levine on
your side and John Bonsell on our side, their compatibility in working
together is also unprecedented. It doesn't happen very often. I can't
speak for the Senator from Michigan, but I can speak for myself, to say
that without these two working together I sure could not have
participated in a meaningful way. So I thank them as well.
Mr. LEVIN. The Senator from Oklahoma is speaking for both of us, I
can assure him, with his comments and so many other comments he made.
I will yield to the Senator from Colorado, but first I wish to thank
him for the great contribution he has made to our committee. I think he
is planning on speaking on a different subject. He has played a major
role on the Intelligence Committee. I look forward to reading, if not
hearing, his remarks on the subject on which I know he has spent a good
deal of time. Although he has had perhaps more visibility in terms of
the Intelligence Committee, he has been a major contributor on the
Armed Services Committee. I can't say we will miss him because I will
not be here, but they will miss the Senator from Colorado.
The PRESIDING OFFICER (Ms. Heitkamp). The Senator from Colorado.
Mr. UDALL of Colorado. Madam President, before I start my remarks on
the historic day which was yesterday--when it comes to the publication
of our long-in-the-making report on the CIA's torture program--I wish
to thank the chairman for his leadership, his mentorship, and his
friendship. I also am proud obviously to be a part of the Armed
Services Committee and to have chaired the Strategic Forces
Subcommittee. Again, I extend my thanks to the good men and women in
uniform, as did my good friend from Oklahoma. The NDAA bill is a
crucial task in front of us. I look forward to one of my last votes as
a Senator from the great State of Colorado, and I look forward to
casting a vote in favor of the Defense authorization bill.
Again, I wish to thank my two friends who have mentored me and who
have led our committee with great elan and intelligence.
SSCI Study of the CIA's Detention and Interrogation Program
Yesterday was a historic day. Almost 6 years after the Senate
Intelligence Committee voted to conduct a study of the CIA's detention
and interrogation program and nearly 2 years after approving the
report, the American people will finally know the truth about a very
dark chapter in our Nation's history.
My goal from the start has been twofold. First, I have been committed
to correcting the public record on the CIA's multiple
misrepresentations to the American people, to other agencies in the
executive branch, the White House, and to Congress. Second, my goal has
been to ensure that the full truth comes out about this grim time in
the history of the CIA and of our Nation so that neither the CIA nor
any future administration repeats the grievous mistakes this important
oversight work reveals.
The process of compiling, drafting, redacting, and now releasing this
report has been much harder than it needed to be. It brings no one joy
to discuss the CIA's brutal and appalling use of torture or the
unprecedented actions that some in the intelligence community and
administration have taken in order to cover up the truth.
A number of my colleagues who have come to the floor over the past 24
hours and discussed this report have referred to 9/11. I, too, will
never forget the fear, the pain, and the anger we all felt on that day
and in the days that followed. Americans were demanding action from our
government to keep us safe. Everyone, myself included, wanted to go to
the ends of the Earth to hunt down the terrorists who attacked our
Nation and to make every effort to prevent another attack. Although we
all shared that goal, this report reveals how the CIA crossed a line
and took our country to a place where we violated our moral and legal
obligations in the name of keeping us safe. As we know now, this was a
false choice. Torture didn't keep us safer after all. By releasing the
Intelligence Committee's landmark report, we reaffirm we are a nation
that does not hide from its past but must learn from it and that an
honest examination of our shortcomings is not a sign of weakness but
the strength of our great Republic.
From the heavily redacted version of the executive summary first
delivered to the committee by the CIA in August, we made significant
progress in clearing away the thick, obfuscating fog these redactions
represented.
As Chairwoman Feinstein has said, our committee chipped away at over
400 areas of disagreement with the administration on redactions down to
just a few.
We didn't make all the progress we wanted to and the redaction
process itself is filled with unwarranted and completely unnecessary
obstacles. Unfortunately, at the end of the day, what began as a
bipartisan effort on the committee did not end as such, even after my
colleagues on the other side of the aisle were repeatedly urged to
participate with us as partners.
As my friends in the Senate know, I am a legislator who goes out of
his way to form bipartisan consensus. However, it became clear that was
not possible here and that is regrettable.
But all told, after reviewing this final version of the committee's
study, I believe it accomplishes the goals I laid out and it tells the
story that needs to be told.
It also represents a significant and essential step for restoring
faith in the crucial role of Congress to conduct oversight.
Congressional oversight is important to all of government's activities,
but it is especially important for those parts of the government that
operate in secret, as the Church Committee discovered decades ago. The
challenge the Church Committee members discovered are still with us
today: how to ensure that secret government actions are conducted
within the confines of the law. The release of this executive summary
is testament to the power of oversight and the determination of
Chairman Feinstein and the members of this committee to doggedly beat
back obstacle after obstacle in order to reveal the truth.
There are a number of thank-yous that are in order. I start by
thanking the chairman for her courage and persistence. I also thank the
committee staff director, David Grannis; the staff lead for the study,
Dan Jones; and his core study team, Evan Gottesman and Chad Tanner.
They toiled for nearly 6 years to complete this report. They then
shepherded it through the redaction process, all the while giving up
their nights, weekends, vacations, and precious time with family and
friends in an effort to get to the truth of this secret program for the
members of the committee, the Senate, and now the American people.
They have been assisted by other dedicated staff, including my
designee on the committee, Jennifer Barrett. We would not be where we
are today without them. I am grateful, beyond words, for their service
and dedication. I want them to know our country is grateful too.
Let me turn to the study itself. Much has been written about the
significance of the study. This is the study. It is a summary of the
CIA's detention and interrogation program. I want to start by saying I
believe the vast majority of CIA officers welcome oversight and believe
in the checks and balances that form the very core of our Constitution.
I believe many rank-and-file CIA officers have fought internally for
and supported the release of this report. Unfortunately, again and
again, these hard-working public servants have been poorly served by
the CIA's leadership. Too many CIA leaders and senior officials have
fought to bury the truth while using a redaction pen to further hide
this dark chapter of the Agency's history.
The document we released yesterday is the definitive, official
history of what happened in the CIA's detention and interrogation
program. It is based on more than 6 million pages of CIA and other
documents, emails, cables, and interviews. This 500-page study, this
document, encapsulates the facts drawn from the 6,700-page report,
which is backed up by 38,000 footnotes.
[[Page S6475]]
This is a documentary that tells of the program's history based on
the CIA's own internal records. Its prose is dry and spare, as you will
soon see for yourself. It was put together methodically, without
exaggeration or embellishment. This study by itself--using the CIA's
own words--brings the truth to light, and that is what it was intended
to do.
The study looked carefully at the CIA's own claims--most notably that
the so-called enhanced interrogation techniques used on detainees
elicited unique, otherwise unobtainable intelligence that disrupted
terrorist plots and saved lives. It debunks those claims conclusively.
The CIA repeatedly claimed that using these enhanced interrogation
techniques against detainees was the only way to yield critical
information about terrorist plotting. But when asked to describe this
critical information and detail which plots were thwarted, the CIA
provided exaggerated versions of plots and misattributed information
that was obtained from traditional intelligence collection, claiming it
came from the use of interrogation techniques that are clearly torture.
This study shows that torture was not effective, that it led to
fabricated information, and its use--even in secret--undermined our
security and our country more broadly. Our use of torture and I believe
the failure to truly acknowledge it continues to impair America's moral
leadership and influence around the world, creates distrust among our
partners, puts Americans abroad in danger, and helps our enemies'
recruitment efforts.
Senior CIA leaders would have you believe their version of the
truth--promoted in CIA-cleared memoirs by former CIA Directors and
other CIA and White House officials--that while there was some excesses
in its detention and interrogation program, the CIA did not torture.
Their version would have you believe that the CIA's program was
professionally conducted, employing trained interrogators to use so-
called enhanced interrogation techniques on only the most hardened and
dangerous terrorists.
But as Professor Darius Rejali writes in his book ``Torture and
Democracy,'' ``To think professionalism is a guard against causing
excessive pain is an illusion. Instead, torture breaks down
professionalism'' and corrupts the organizations that use it.
This is exactly what happened with the CIA's detention and
interrogation program. Without proper acknowledgement of these truths
by the CIA and the White House, it could well happen again.
In light of the President's early Executive order disavowing torture,
his own recent acknowledgement that ``we tortured some folks'' and the
Assistant Secretary of State Malinowski's statements last month to the
U.N. Committee Against Torture that ``we hope to lead by example'' in
correcting our mistakes, one would think this administration is leading
the efforts to right the wrongs of the past and ensure the American
people learn the truth about the CIA's torture program. Not so.
In fact, it has been nearly a 6-year struggle--in a Democratic
administration no less--to get this study out. Why has it been so hard
for this document to finally see the light of day? Why have we had to
fight tooth and nail every step of the way? The answer is simple:
Because the study says things that former and current CIA and other
government officials don't want the American public to know. For a
while I worried that this administration would succeed in keeping this
study entirely under wraps.
While the study clearly shows that the CIA's detention and
interrogation program itself was deeply flawed, the deeper, more
endemic problem lies in the CIA, assisted by a White House that
continues to try to cover up the truth. It is this deeper problem that
illustrates the challenge we face today: reforming an agency that
refuses to even acknowledge what it has done. This is a continuing
challenge that the CIA's oversight committees need to take on in a
bipartisan way. Those who criticize the committee's study for overly
focusing on the past should understand that its findings directly
relate to how the CIA operates today.
For an example of how the CIA has repeated its same past mistakes in
more recent years, look at the section of the executive summary
released yesterday that deals with the intelligence on the courier that
led to Osama bin Laden. That operation took place under this
administration in May of 2011. After it was over, the CIA coordinated
to provide misinformation to the White House and its oversight
committees suggesting the CIA torture program was the tipoff
information for the courier. That is 100 percent wrong and signifies
the Agency leadership's persistent and entrenched culture of
misrepresenting the truth to Congress and the American people. This
example also illustrates again the dangers of not reckoning with the
past. So while I agree with my colleagues on the committee who argue
that doing oversight in real time is critical, I believe we cannot turn
a blind eye to the past when the same problems are staring us in the
face in the present. Oversight by willful ignorance is not oversight at
all.
In Chairman Feinstein's landmark floor speech earlier this year, she
laid out how the CIA pushed back on our committee's oversight efforts.
Thanks to her speech, we know about the history of the CIA's
destruction of interrogation videotapes and about what motivated her
and her colleagues to begin the broader committee study in 2009. We
know about the CIA's insistence on providing documents to the committee
in a CIA-leased facility and the millions of dollars the CIA spent on
contractors hired to read, multiple times, each of the 6 million pages
of documents produced before providing them to the committee staff. We
know about the nearly 1,000 documents that the CIA electronically
removed from the committee's dedicated database on two occasions in
2010, which the CIA claimed its personnel did at the direction of the
White House. Of course we know about the Panetta review.
I turn to the Panetta review. I have provided more information on the
events that led up to the revelation included in the Panetta review in
a set of additional views that I submitted for the committee's
executive summary, but I will summarize them.
From the beginning of his term as CIA Director, John Brennan was
openly hostile toward and dismissive of the committee's oversight and
its efforts to review the detention and interrogation program. During
his confirmation hearing, I obtained a promise from John Brennan that
he would meet with committee staff on the study once confirmed. After
his confirmation, he changed his mind.
In December 2012, when the classified study was approved in a
bipartisan vote, the committee asked the White House to coordinate any
executive branch comments prior to declassification. The White House
provided no comment. Instead, the CIA responded for the executive
branch nearly 7 months later, on June 27, 2013.
The CIA's formal response to the study under Director Brennan clings
to false narratives about the CIA's effectiveness when it comes to the
CIA's detention and interrogation program. It includes many factual
inaccuracies, defends the use of torture, and attacks the committee's
oversight and findings. I believe its flippant and dismissive tone
represents the CIA's approach to oversight--and the White House's
willingness to let the CIA do whatever it likes--even if its efforts
are armed at actively undermining the President's stated policies.
It would be a significant disservice to let the Brennan response
speak for the CIA. Thankfully, it does not have to. There are some CIA
officials and officers willing to tell it straight. In late 2013, then-
CIA General Counsel Stephen Preston answered a series of questions that
I asked about his thoughts on the Brennan response as part of his Armed
Services Committee nomination hearing to be General Counsel of the
Defense Department.
His answers to the questions about the program contrasted sharply
with the Brennan response. For instance, he stated matter of factly
that from his review of the facts, the CIA provided the committee with
inaccurate information regarding the detention and interrogation
program. I have posted on line my questions to Mr. Preston, along with
his answers.
Stephen Preston was not alone in having the moral courage to speak
frankly and truthfully about the CIA's
[[Page S6476]]
torture program. There were also other CIA officers willing to document
the truth. In March 2009, then-CIA Director Leon Panetta announced the
formation of a Director's review group to look at the agency's
detention and interrogation program. As he stated at the time, ``The
safety of the American people depends on our ability to learn lessons
from the past while staying focused on the threats of today and
tomorrow.''
The Director's review group looked at the same CIA documents that
were being provided to our committee. They produced a series of
documents that became the Panetta review. As I discussed in late 2013,
the Panetta review corroborates many of the significant findings of the
committee's study. Moreover, the Panetta review frankly acknowledges
significant problems and errors made in the CIA's detention and
interrogation program. Many of these same errors are denied or
minimized in the Brennan response.
As Chairman Feinstein so eloquently outlined in her floor speech on
March 11 of this year, drafts of the Panetta review have been provided
by the CIA unknowingly to our committee staff years before within the 6
million pages of documents it had provided.
So when the committee received the Brennan response, I expected a
recognition of errors and a clear plan to ensure that the mistakes
identified would not be repeated again. Instead--this is a crucial
point--instead, the CIA continued not only to defend the program and
deny any wrongdoing but also to deny its own conclusions to the
contrary found in the Panetta review.
In light of those clear factual disparities between the Brennan
response and the Panetta review, committee staff grew concerned that
the CIA was knowingly providing inaccurate information to the committee
in the present day, which is a serious offense, and a deeply troubling
matter for the committee, the Congress, the White House, and our
country.
The Panetta review was evidence of that potential offense. So to
preserve that evidence, committee staff securely transported a printed
portion of the Panetta review from the CIA-leased facility to the
committee's secure offices in the Senate. This was the proper and right
thing to do, not only because of the seriousness of the potential
crime, but also in light of the fact that the CIA had previously
destroyed interrogation videotapes without authorization and over
objections of officials in the Bush White House.
In my view, the Panetta review is a smoking gun. It raises
fundamental questions about why a review the CIA conducted internally
years ago and never provided to the committee is so different from the
official Brennan response and so different from the public statements
of former CIA officials. That is why I asked for a complete copy of the
Panetta review at a December 2013 Intelligence Committee hearing.
Although the committee now has a portion of the review already in its
possession, I believed then, as I do now, that it is important to make
public its existence and to obtain a full copy of the report. That is
why I am here today, to disclose some of its key findings and
conclusions on the Senate floor for the public record, which fly
directly in the face of claims made by senior CIA officials past and
present.
For example, as I mentioned earlier, on a number of key matters, the
Panetta review directly refutes information in the Brennan response. In
the few instances in which the Brennan response acknowledges
imprecision or mischaracterization relative to the detention
interrogation program, the Panetta review is refreshingly free of
excuses, qualifications, or caveats.
The Panetta review found that the CIA repeatedly provided inaccurate
information to the Congress, the President, and the public on the
efficacy of its coercive techniques. The Brennan response, in contrast,
continues to insist the CIA's interrogations produced unique
intelligence that saved lives. Yet the Panetta review identified dozens
of documents that include inaccurate information used to justify the
use of torture and indicates that the inaccuracies it identifies do not
represent an exhaustive list. The Panetta review further describes how
detainees provided intelligence prior to the use of torture against
them.
It describes how the CIA, contrary to its own representations, often
tortured detainees before trying any other approach. It describes how
the CIA tortured detainees, even when less coercive methods were
yielding intelligence. The Panetta review further identifies cases in
which the CIA used coercive techniques when it had no basis for
determining whether a detainee had critical intelligence at all.
In other words, CIA personnel tortured detainees to confirm they did
not have intelligence, not because they thought they did. Again, while
a small portion of this review is preserved in our committee spaces, I
have requested the full document. Our request has been denied by
Director Brennan. I will tell you, the Panetta review is much more than
a ``summary'' and ``incomplete drafts,'' which is the way Mr. Brennan
and former CIA officials have characterized it, in order to minimize
its significance. I have reviewed this document. It is as significant
and relevant as it gets.
The refusal to provide the full Panetta review and the refusal to
acknowledge facts detailed in both the committee study and the Panetta
review lead to one disturbing finding: Director Brennan and the CIA
today are continuing to willfully provide inaccurate information and
misrepresent the efficacy of torture. In other words, the CIA is lying.
This is not a problem of the past but a problem that needs to be dealt
with today.
Let me turn to the search of the Intelligence Committee's computers.
Clearly the present leadership of the CIA agrees with me that the
Panetta review is a smoking gun. That is the only explanation for the
CIA's unauthorized search of the committee's dedicated computers in
January. The CIA 's illegal search was conducted out of concern that
the committee staff was provided with the Panetta review. It
demonstrates how far the CIA will go to keep its secrets safe. Instead
of asking the committee if it had access to the Panetta review, the CIA
searched, without authorization or notification, the committee
computers that the agency had agreed were off limits.
In so doing, the agency might have violated multiple provisions of
the Constitution as well as Federal criminal statutes and Executive
Order 12333.
More troubling, despite admitting behind closed doors to the
committee that the CIA conducted the search, Director Brennan publicly
referred to ``spurious allegations about CIA actions that are wholly
unsupported by the facts.''
He even said such allegations of computer hacking were beyond ``the
scope of reason.'' The CIA then made a criminal referral to the
Department of Justice against the committee staff who were working on
the study. Chairman Feinstein believed these actions were an effort to
intimidate the committee staff, the very staff charged with CIA
oversight. I strongly agree with her point of view.
The CIA's inspector general subsequently opened an investigation into
the CIA's unauthorized search and found, contrary to Director Brennan's
public protestations, that a number of CIA employees did, in fact,
improperly access the committee's dedicated computers. The
investigation found no basis for the criminal referral on the committee
staff. The IG also found that the CIA personnel involved demonstrated a
``lack of candor'' about their activities to the inspector general.
However, only a 1-page unclassified summary of the IG's report is
publicly available. The longer classified version was only provided
briefly to Members when it was first released. I had to push hard to
get the CIA to provide a copy for the committee to keep in its own
records. Even the copy in committee records is restricted to committee
members and only two staff members, not including my staff member.
After having reviewed the IG report myself again recently, I believe
even more strongly that the full report should be declassified and
publicly released, in part because Director Brennan still refuses to
answer the committee's questions about the search.
In March, the committee voted unanimously to request responses from
Director Brennan about the computer search. The chairman and vice
chairman wrote a letter to Director Brennan, who promised a thorough
response
[[Page S6477]]
to their questions after the Justice Department and CIA IG reviews were
complete. The Chair and Vice Chair then wrote two more letters, to no
avail. The Director has refused to answer any questions on this topic
and has again deferred his answers, this time until after the CIA's
internal accountability board review is completed, if it ever is.
So from March until December, for almost 9 months, Director Brennan
has flat out refused to answer basic questions about the computer
search; whether he suggested a search or approved it; if not, who did.
He has refused to explain why the search was conducted, its legal
basis, or whether he was even aware of the agreement between the
committee and the CIA laying out protections of the committee's
dedicated computer system. He has refused to say whether the computers
were searched more than once, whether the CIA monitored committee staff
at the CIA-leased facility, whether the agency ever entered the
committee's secure room at the facility, and who at the CIA knew about
the search both before and after it occurred.
I want to turn at this point to the White House. To date, there has
been no accountability for the CIA's actions or for Director Brennan's
failure of leadership. Despite the facts presented, the President has
expressed full confidence in Director Brennan and demonstrated that
trust by making no effort at all to rein him in.
The President stated it was not appropriate for him to weigh into
these issues that exist between the committee and the CIA. As I said at
the time, the committee should be able to do its oversight work
consistent with our constitutional principle of the separation of
powers, without the CIA posing impediments or obstacles as it has and
as it continues to do today. For the White House not to have recognized
this principle and the gravity of the CIA's actions deeply troubles me
today and continues to trouble me.
Far from being a disinterested observer in the committee-CIA battles,
the White House has played a central role from the start. If former CIA
Director Panetta's memoir is to be believed, the President was unhappy
about Director Panetta's initial agreement in 2009 to allow staff
access to operation cables and other sensitive documents about the
torture program.
Assuming its accuracy, Mr. Panetta's account describes then-
Counterterrorism Adviser John Brennan and current Chief of Staff Denis
McDonough--both of whom have been deeply involved in the study
redaction process--as also deeply unhappy about this expanded
oversight.
There are more questions that need answers about the role of the
White House in the committee's study.
For example, there are the 9,400 documents that were withheld from
the committee by the White House in the course of the review of the
millions of documents, despite the fact that these documents are
directly responsive to the committee's document request. The White
House has never made a formal claim of executive privilege over the
documents, yet it has failed to respond to the chairman's request to
the documents or to compromise proposals she has offered to review a
summary listing of them. When I asked CIA General Counsel Stephen
Preston about the documents, he noted that ``the Agency has deferred to
the White House and has not been substantially involved in subsequent
discussions about the disposition of these documents.''
If the documents are privileged, the White House should assert that
claim. But if they are not, White House officials need to explain why
they pulled back documents that the CIA believed were relevant to the
committee's investigation and responsive to our direct request.
The White House has not led on this issue in the manner we expected
when we heard the President's campaign speeches in 2008 and read the
Executive order he issued in January 2009. To CIA employees in April
2009, President Obama said:
What makes the United States special, and what makes you
special, is precisely the fact that we are willing to uphold
our values and ideals even when it's hard--not just when it's
easy; even when we are afraid and under threat--not just when
it's expedient to do so. That's what makes us different.
This tough, principled talk set an important tone from the beginning
of his Presidency. However, let's fast forward to this year, after so
much has come to light about the CIA's barbaric programs, and President
Obama's response was that we ``crossed a line'' as a nation and that
``hopefully, we don't do it again in the future.''
That is not good enough. We need to be better than that. There can be
no coverup. There can be no excuses. If there is no moral leadership
from the White House helping the public to understand that the CIA's
torture program wasn't necessary and didn't save lives or disrupt
terrorist plots, then what is to stop the next White House and CIA
Director from supporting torture.
Finally, the White House has not led on transparency, as then Senator
Obama promised in 2007. He said then this:
We'll protect sources and methods, but we won't use sources
and methods as pretexts to hide the truth. Our history
doesn't belong to Washington, it belongs to America.
In 2009 consistent with this promise, President Obama issued
Executive Order 13526, which clarified that information should be
classified to protect sources and methods but not to obscure key facts
or cover up embarrassing or illegal acts.
But actions speak louder than words. This administration, like so
many before, has released information only when forced to by a leak or
by a court order or by an oversight committee.
The redactions to the committee's executive summary on the CIA's
detention and interrogation program have been a case study in its
refusal to be open. Despite requests that both the chairman and I made
for the White House alone to lead the declassification process, it was
given by the White House to the CIA--the same Agency that is the focus
of this report. Predictably, the redacted version that came back to the
committee in August obscured key facts and undermined key findings and
conclusions of the study.
The CIA also included unnecessary redactions to previously
acknowledged and otherwise unclassified information. Why? Presumably,
to make it more difficult for the public to understand the study's
findings. Content that the CIA has attempted to redact includes
information in the official, declassified report of the Senate Armed
Services Committee, other executive branch declassified official
documents, information in books and speeches delivered by former CIA
officers who were approved by the CIA's Publication Review Board, news
articles, and other public reports.
It is true that through negotiations between the committee, the CIA,
and the White House, many of these issues were resolved. However, at
the end of the day, the White House and CIA would not agree to include
any pseudonyms in the study to disguise the names of CIA officers. In
2009 the CIA and the committee had agreed to use CIA-provided
pseudonyms for CIA officials, but in the summary's final version, the
CIA insisted that even the pseudonyms should be redacted.
For an agency concerned about morale, this is the wrong approach to
take, in my view. By making it less possible to follow a narrative
threat throughout the summary, this approach effectively throws many
CIA personnel under the bus. It tars all of the CIA personnel by making
it appear that the CIA writ large was responsible for developing,
implementing, and representing the truth about the CIA's detention and
interrogation program. In fact, a small number of CIA officers were
largely responsible.
Further, there is no question that the identities of undercover
agents must be protected, but it is unprecedented for the CIA to
demand--and the White House to agree--that every CIA officer's
pseudonym in the study be blacked out. U.S. Government agencies have
used pseudonyms to protect officers' identities in any number of past
reports, including the 9/11 Commission report, the investigation of the
Abu Ghraib detention facility, and the report of the Iran-Contra
affair.
We asked the CIA to identify any influences in the summary wherein a
CIA official mentioned by pseudonym would result in the outing of any
CIA undercover officer, and they could not provide any such examples.
Why do I focus on this? The CIA's insistence on blacking out even the
fake
[[Page S6478]]
names of its officers is problematic because the study is less readable
and has lost some of its narrative thread.
But as the chairman has said, we will find ways to bridge that gap.
The tougher problem to solve is how to ensure that this and future
administrations follow President Obama's pledge not to use sources and
methods as pretexts to hide the truth.
What needs to be done? Chairman Feinstein predicted in March--at the
height of the frenzy over the CIA's spying on committee-dedicated
computers--that ``our oversight will prevail,'' and generally speaking,
it has. Much of the truth is out, thanks to the chairman's persistence
and the dedicated staff involved in this effort. It is, indeed, a
historic event.
But there is still no accountability, and despite Director Brennan's
pledges to me in January 2013, there is still no correction of the
public record of the inaccurate information the CIA has spread for
years and continues to stand behind. The CIA has lied to its overseers
and the public, destroyed and tried to hold back evidence, spied on the
Senate, made false charges against our staff, and lied about torture
and the results of torture. And no one has been held to account.
Torture just didn't happen, after all. Contrary to the President's
recent statement, ``we'' didn't torture some folks. Real actual people
engaged in torture. Some of these people are still employed by the CIA
and the U.S. Government. There are, right now, people serving in high-
level positions at the Agency who approved, directed or committed acts
related to the CIA's detention and interrogation program. It is bad
enough not to prosecute these officials, but to reward or promote them
and risk the integrity of the U.S. Government to protect them is
incomprehensible.
The President needs to purge his administration of high-level
officials who were instrumental to the development and running of this
program. He needs to force a cultural change at the CIA.
The President also should support legislation limiting interrogation
to noncoercive techniques--to ensure that his own Executive order is
codified and to prevent a future administration from developing its own
torture program.
The President must ensure the Panetta review is declassified and
publicly released.
The full 6,800-page study of the CIA's detention and interrogation
program should be declassified and released.
There also needs to be accountability for the CIA spying on its
oversight committee, and the CIA inspector general's report needs to be
declassified and released to the public.
A key lesson I have learned from my experience with the study is the
importance of the role of Congress in overseeing the intelligence
community. It is always easier to accept what we are told at face value
than it is to ask tough questions. If we rely on others to tell us what
is behind their own curtain instead of taking a look for ourselves, we
can't know for certain what is there.
This isn't at all to say that what the committee found in its study
is a culture and behavior we should ascribe to all employees of the CIA
or to the intelligence community. The intelligence community is made up
of thousands of hard-working patriotic Americans. These women and men
are consummate professionals who risk their lives every day to keep us
safe and to provide the their best assessments regardless of political
and policy considerations.
But it is incumbent on government leaders--it is incumbent on us--to
live up to the dedication of these employees and to make them proud of
the institutions they work for. It gives me no pleasure to say this,
but as I have said before, for Director Brennan that means resigning.
For the next CIA director that means immediately correcting the false
record and instituting the necessary reforms to restore the CIA's
reputation for integrity and analytical rigor.
The CIA cannot not be its best until it faces its serious and
grievous mistakes of the detention and interrogation program. For
President Obama, that means taking real action to live up to the
pledges he made early in his Presidency.
Serving on the Senate Intelligence Committee for the past 4 years
opened my eyes and gave me a much deeper appreciation of the importance
of our role in the balancing of power in our great government. It also
helped me understand that all Members of Congress, not only
Intelligence Committee members, have an opportunity and an obligation
to exercise their oversight powers.
Members who do not serve on the Intelligence Committee can ask to
read classified documents, call for classified briefings, and submit
classified questions.
This is my challenge today to the American people. Urge your Member
of Congress to be engaged, to get classified briefings, and to help
keep the intelligence community accountable. This is the only way that
secret government and democracy can coexist.
We have so much to be proud of in our great Nation, and one of those
matters of pride is our commitment to admit mistakes, correct past
actions, and move forward knowing that we are made stronger when we
refuse to be bound by the past.
We have always been a forward-looking Nation, but to be so we must be
mindful of our own history. That is what this study is all about. So I
have no doubt that we will emerge from a dark episode with our
democracy strengthened and our future made brighter.
It has been an honor to serve on this committee, and I will miss
doing its important work more than I can say.
I yield the floor.
The PRESIDING OFFICER. The Senator from Montana.
Farewell to the Senate
Mr. WALSH. Madam President, I rise today to speak to this body and my
fellow Montanans about service.
In preparing to leave the Senate, I add my voice to the voices of
many other departing Members who have called for a return to civility
in Washington, DC. Politics today is too full of pettiness. Public
servants--you and I, as well as those elected to serve in the next
Congress--should set the standard with better words and better actions,
but we should also lead from the front. I am not saying anything that
hasn't already been said, but more of us need to say it. If we are
lucky, which we are, we are even blessed to stand in this room and do
what we do on behalf of our fellow citizens.
Everyone in this Chamber has a unique story about their roots and
their path to public service. Mine began in Butte, MT. I was the son of
a union pipefitter in a struggling blue-collar town, and my path led to
the military. I enlisted out of high school in the Montana National
Guard and soon found a career serving my neighbors and family.
The National Guard--the great citizen wing of our Armed Forces--was a
home for me. Leading my fellow soldiers into combat in Iraq in 2004-
2005 was a defining experience in my life. Overseeing two successful
elections for the Iraqis added a new perspective to my view on
democracy. Fighting insurgents drove home how fortunate we are to live
in the United States of America and to enjoy the freedoms we often take
for granted.
The men of Task Force GRIZ who unfortunately didn't come home with me
and the men and women who came back with visible and invisible wounds
have truly defined the cost of war for me, and they remind me every
single day of the cost of public servants getting it wrong when it
comes to our national defense. I have devoted much of my professional
life since returning home to accounting for the true cost of war.
Today, from my perspective, the debts are stacked against the
democratic process in America in many ways. There is too much money,
too much noise, and too little commitment to finding common ground.
Anonymous money masquerading as free speech can poison campaigns. It
silences the voices of the majority of American citizens. The
concentration of wealth in fewer hands is bad for our society, just as
the ability for a handful of the wealthy to carry the loudest
megaphones in our elections is bad for our democracy. Elections are
starting to look much like auctions. Dark money and circus politics
shouldn't prevent the U.S. Senate from honorably living up to the power
we have been given.
Growing up in a little house that shook twice a day from the dynamite
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blasts at the copper mine nearby, I never thought I would be involved
in public service. I aspired to have a decent job. I aspired to get an
education. I aspired to having the time to fish the lakes and streams I
fished with my father. Just the normal stuff. And that normal stuff is
what I think most Americans still want today and too often can't
achieve.
Public service--becoming a soldier--was my ticket to a better life: a
job and a college education. After only a small taste, I discovered
that I loved public service. I loved being devoted to something bigger
than myself.
We should all remember that Congress can always use more Americans
from more walks of life who have discovered public service through
unlikely means.
It is the privilege of my life to serve the people of Montana in the
seat of Senators Lee Metcalf and Max Baucus. Lee, along with Mike
Mansfield, was my Senator while I was growing up in Butte, MT. The
great citizen conservationist Cecil Garland said:
It was typical of Lee to fight to give the little guy a
voice in government decisions.
In my time in this Chamber, I have tried to follow Lee's example.
The people who need a voice in this Chamber are the ranchers and
hardware store owners like Cecil in towns like Lincoln and Dillon. The
person who needs a voice in this Chamber is the mother in Troy, MT, who
became the primary bread winner when her husband lost his job cutting
timber. The person who needs a voice here is the young woman in Shelby,
MT, who has done everything right--studied hard and earned her degree--
only to be squeezed by too much student debt and too few opportunities.
The people who need voices are the servicemembers from Laurel and Great
Falls, MT, who returned from the war in Afghanistan and Iraq with
delayed onset PTSD and have fallen through the cracks at the VA. They
are the entrepreneurs in Big Fork and Bozeman, MT, who have opened
small distilleries and faced the tangle of redtape. They are the
committed couples across Montana--your neighbors, my family, my
friends--who are treated like second-class citizens because of whom
they love.
So today I urge my colleagues to lend people like this in each of
your States your voice as a Senator in this Chamber.
I am humbled by the number of challenges that face the next Congress.
I urge my colleagues to continue to fight to protect Americans' civil
liberties. I leave the Senate dismayed by the scope of government
surveillance in our everyday life. Congress must always--and I
emphasize always--protect the privacy of our citizens.
I remain deeply concerned about the National Security Agency's
unconstitutional spying on Americans' communications, the secret
backdoors into the Department of Commerce encryption standards, and the
gag orders under the FBI national security letter program.
I urge my colleagues to continue fighting for rural America. We need
stronger voting rights and more jobs in Indian Country to promote
tribal sovereignty and prosperity. We need to keep our farm safety net
strong and address brucellosis to protect the livestock industry. We
need a stronger commitment to fund and reform the Payment in Lieu of
Taxes Program and its sister programs. Small county budgets, schools,
and roads depend on them. These same rural communities need better
management of our national forests--something Congress and the Forest
Service need to focus on.
We need an honest conversation and urgent solutions to the incredible
challenge posed by climate change. As I said earlier from this same
podium, we cannot put our heads in the sand and continue with business
as usual.
Members of Congress should be taking responsibility and upholding the
oaths we all swore. We should agree with science--climate change is a
clear enemy, and Congress must take steps to stop it.
The next Congress should be thoughtful about women and families--from
health care decisions to paycheck fairness.
Finally, I implore all of Congress, all of you, to redouble your
attention to the crisis of suicide among our veterans. Yesterday the
House of Representatives passed the Clay Hunt Suicide Prevention for
American Veterans Act. That bill now sits before this body, and we have
an opportunity to act. We have an opportunity to pass it. I mentioned
the invisible wounds of war already, but if this country were losing 22
servicemembers a day on the battlefield, Americans would be on the
streets protesting. Congress would be demanding action. But that is
exactly the number of veterans who die by suicide each and every day
from across our country. Veteran suicide is an urgent crisis facing our
communities, and congressional action is long overdue.
I believe extending the eligibility for combat veterans at the VA is
one essential way to address delayed-onset PTSD and reduce the suicide
rate among our veterans. This simple fix and other solutions that
improve access to mental health for veterans should continue to be a
top priority for the next Congress.
It is fitting that in the last days of the 113th Congress, the Senate
is sending the President a bill that carries on the public lands legacy
of Senators Lee Metcalf and Max Baucus and the thousands of Montanans
who worked together to find common ground.
In the words of Randolph Jennings, Senator Rockefeller's predecessor
from West Virginia, Lee ``was a tireless champion of preserving and
protecting our nation's natural heritage for succeeding generations to
use and enjoy.''
After Lee's death, Max and the rest of the Montana delegation carried
on his legacy by passing wilderness designations for the Absaroka-
Beartooth, Great Bear, and the Lee Metcalf wilderness areas. In the
same spirit, I am honored to join Senator Jon Tester and Senator-elect
Steve Daines in carrying on their legacy by passing the North Fork
Watershed Protection Act and the Rocky Mountain Front Heritage Act. We
took a page from Montanans. We sat down together, and we worked out an
agreement that protected almost 700,000 acres of the Crown of the
Continent. This is how democracy should work.
Forty-two years after the first citizen-driven wilderness, this week
Congress is expanding the Scapegoat and Bob Marshall Wilderness areas
in Montana. Thirty-eight years after the Flathead River was protected
from schemes to dam it and divert it, this week Congress is protecting
the Flathead and Glacier National Park forever from efforts to mine it
and drill it. Montanans came together. Farmers, ranchers, small
business owners, conservationists, hunters, anglers--all worked
together to find common ground. Montanans went there first, and their
representatives in Congress followed.
When Congress rewards the work of citizens who collaborate, when we
finally reach the critical mass in this Chamber to be responsive, that
is the day we earn the title of ``public servant.'' Montanans can be
hopeful today that government by them and for them still works. They
can still effect change. The Senate still listens and serves.
When President Eisenhower left office in 1961, Congress passed
legislation at his request that restored his military title. He wanted
to be remembered as a career soldier rather than the Commander in
Chief.
My 33 years in uniform defined my life. I will always be a soldier.
As a soldier, as a husband to my wonderful wife Janet, who has been my
partner for 31 years, and as the proud dad of Michael and Taylor, as
the father-in-law to my wonderful daughter-in-law April, and as the
grandfather of a little girl named Kennedy, who will inherit this great
Nation, I will return to civilian life with great hope for the United
States Senate and for the United States of America.
I, along with millions of others, will be watching closely and
imploring Members in this Chamber to check politics at the door and
instead focus on the future. Honor veterans and their families who
sacrifice so much. Honor seniors who have heard promises from you.
Honor the most vulnerable amongst us. They are who we always should
fight for.
Madam President, I am forever grateful to have served the people of
Montana in this building standing side by side with each and every one
of you. God bless each and every one of you, and may God continue to
bless the United States of America.
Madam President, I yield the floor, and I suggest the absence of a
quorum.
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The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. BOXER. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________