[Congressional Record (Bound Edition), Volume 150 (2004), Part 12]
[Senate]
[Pages 16257-16258]
[From the U.S. Government Publishing Office, www.gpo.gov]




  AUTHORIZING DOCUMENT PRODUCTION BY SELECT COMMITTEE ON INTELLIGENCE

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 411 which was 
submitted earlier today.
  The ACTING PRESIDENT pro tempore. The clerk will report the 
resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 411) to authorize document production 
     by the Select Committee on Intelligence.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, the Select Committee on Intelligence 
conducted a review in 2001 of United States assistance to Peruvian 
counter-drug air interdiction efforts, following the mistaken shootdown 
of a civilian aircraft by the Peruvian Air Force in that same year. The 
committee prepared a report in which it made factual findings detailing 
the shortcomings that led to

[[Page 16258]]

this tragic incident. The committee report made a number of 
recommendations about requirements that should precede further U.S. 
assistance to a foreign government engaged in a program of interdicting 
drug trafficking aircraft.
  The United States Department of Justice is now conducting an 
investigation of the involvement of U.S. government officials in the 
Peruvian counter-narcotics air interdiction program, which has been 
operating since 1995. During that time the Senate Intelligence 
Committee has had oversight jurisdiction. As part of that 
investigation, the Justice Department is reviewing the testimony and 
briefings that CIA personnel gave to the congressional oversight 
committees, including the Senate Intelligence Committee, from the 
inception of the air interdiction program.
  To assist the Justice Department in its investigation, this 
resolution would authorize the chair and vice chair, acting jointly, to 
provide to the Justice Department, under appropriate security 
procedures, committee hearing transcripts and other committee records 
pertinent to its oversight of the Peruvian counter-narcotics air 
interdiction program.
  Mr. President, I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, the motion to reconsider be laid upon 
the table, and that any statements relating to this matter be printed 
in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The resolution (S. Res. 411) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 411

       Whereas, the United States Department of Justice has 
     requested that the Senate Select Committee on Intelligence 
     provide it with documents in connection with a pending 
     investigation into the involvement of U.S. government 
     officials in the counter-narcotics air interdiction program 
     in Peru;
       Whereas, by the privileges of the Senate of the United 
     States and Rule XI of the Standing Rules of the Senate, no 
     evidence under the control or in the possession of the Senate 
     may, by the judicial or administrative process, be taken from 
     such control or possession but by permission of the Senate;
       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate may promote the 
     administration of justice, the Senate will take such action 
     as will promote the ends of justice consistent with the 
     privileges of the Senate: Now, therefore, be it
       Resolved That the Chairman and Vice Chairman of the Senate 
     Select Committee on Intelligence, acting jointly, are 
     authorized to provide to the United States Department of 
     Justice, under appropriate security procedures, copies of 
     Committee documents sought in connection with its 
     investigation into the involvement of U.S. government 
     officials in the counter-narcotics air interdiction program 
     in Peru.

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