Floor Statements

Mr. President, I understand that S. 1687 is at the desk and due for a second reading.

Mr. President, I object to any further proceeding with respect to this bill.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10 a.m. tomorrow, September 22; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, and the Senate proceed to a period of morning business for 1 hour, with Senators permitted to speak therein for up to 10 minutes, with the time equally divided and controlled between the two leaders or their designees, with the Republicans controlling the first half and the majority controlling the final half; further, that following morning business, the Senate resume consideration of Calendar No. 98, H.R. 2996, the Interior appropriations bill; finally, I ask that the Senate recess from 12:30 until 2:15 p.m. to allow for the weekly caucus luncheons to meet.

Mr. President, under a previous order, at approximately 12 o'clock the Senate will proceed to a vote in relation to the Feinstein amendment, as modified.

For the information of all Senators, the official photograph of the 111th Congress will be taken at 2:15 tomorrow in the Senate Chamber. All Senators are encouraged to be seated at their desks at that time.

If there is no further business to come before the Senate, I ask unanimous consent that it adjourn under the previous order.

Madam President, I am informed that there is 12 minutes remaining on the Democratic side for morning business. I yield back that time.

Madam President, I am pleased to join my colleague, Senator Alexander, in presenting the fiscal year 2010 Interior and related agencies appropriations bill. This is the first year Senator Alexander and I have worked together as chairmen and ranking member of the Interior Appropriations Subcommittee. I am very pleased to report that it could not have been a better experience. We have consulted on several occasions and worked through several different issues. As a result, I think we have produced a fair, balanced, and workable bill. I thank him very much, and his able staff, for all their hard work and cooperation.

In total, the fiscal year 2010 Interior appropriations bill provides $32.1 billion in nonemergency discretionary spending. That amount is $4.5 billion above the equivalent 2009 enacted level but $225 million below the President's request. I wish to stress that. This bill is $225 million below the President's request.

The reason is to make it consistent with the subcommittee's 302(b) allocation for both budget authority and outlays. Our allocation is substantially lower than that of the House of Representatives. Therefore, our bill is necessarily constrained. We cannot spend above our allocation. So there are going to be several items that will be conferenced in that regard.

Because the committee's report, which spells out all of the funding details, has been publicly available for more than 2 months, I won't go through each and every line item. But I would like to emphasize the great strides we have been able to make in five critical areas: water and sewer infrastructure, wildfire suppression and prevention on public land, bolstering our public land management agencies, investment in the Land and Water Conservation Fund, and helping the most vulnerable in Indian Country.

First, in these five key areas, the bill provides $3.6 billion for water and sewer infrastructure projects. I am proud of this. That is a significant increase over last year's level of $1.6 billion. In fact, this is the largest single commitment of funds that has ever been provided in an annual appropriations bill.

Let me say something about this. When we look at America's infrastructure, I can say that I am old enough, regretfully--I guess I am delighted I have survived--to remember when everyone could drink water out of every tap anywhere in America. You can imagine what I thought when I saw the front of the New York Times with the young lad from West Virginia with fillings all over his mouth because he couldn't drink water properly out of the tap, when there was other evidence of people in that great State bathing in water that created skin lesions. That should not be the case in the United States. Therefore, this significant increase in water and sewer infrastructure is extraordinarily important.

Additionally, I hope we will have report language in our bill in consultation with the ranking member that will instruct EPA to put much more regulatory authority in the area of water quality so we don't run into these areas. This is something I have not yet had a chance to talk with the ranking member about, but I do intend to do that.

When we factor in the $6 billion included in the stimulus bill in February, we are providing nearly $10 billion this calendar year to State and local water authorities. This is a major investment in public infrastructure and one that, as a former mayor, I strongly support and am very pleased to be able, along with my ranking member, to accomplish.

This money will allow State and local water authorities to begin to tackle 1,327 wastewater and drinking water projects all across the Nation. For those who may not be aware, the Environmental Protection Agency, which administers these grants, has estimated that over a 20- year period communities will need to spend $660 billion--not million-- for drinking water and wastewater infrastructure repairs and renovations. Obviously, we can't provide that level of funding during these tough budgetary times. But what we were able to provide, with a reduced allocation, will go a long way toward helping communities tackle their crumbling infrastructure and provide residents with more reliable and cleaner water. It will also have the benefit of creating thousands of construction jobs to put more Americans back to work.

Secondly, the bill provides $1.8 billion for wildland fire suppression activities. It is very important that we are providing that level of funding because that is the same amount that has been spent on average in each of the last 3 fiscal years. So for the first time in more than 10 years, we will be providing Federal firefighters the resources they need well before they run out of money. The fact that we are providing this level of funding is extremely important. By appropriating up front what we know is actually going to be needed based on prior experience, we allow the Forest Service and the Interior Department to break the cycle of borrowing from other accounts and then hoping Congress agrees to repay that money. We have been criticized for doing it. It is good, solid criticism. In this bill, it has been remedied.

The bill also includes $107 million in grants to help State and local cooperators fund their own firefighting and fuels reduction efforts. That is a 2-percent increase over the 2009 level, and it provides $556 million for hazardous fuels reduction projects on Federal lands nationwide, a 7-percent increase over last year. That is critical.

My State is burning up, as are other States in the West. We lost 1.5 million acres last year from fire. Hazardous mitigation of fuels becomes very critical.

As important as it is to provide our Federal firefighters with the funds they need for suppression, it is just as important that we make these fuel reduction funds available so these agencies can begin to get in front of the problem and prevent these catastrophic wildland fires or at least reduce their catastrophic potential.

The money provided in this bill will allow the Forest Service and the Interior Department to treat 3.5 million acres of fire-prone Federal lands. That is 3.5 million acres of fire-prone Federal land. This will reduce the risk of catastrophic wildfires such as the one being fought right now in southern California.

Let me say something about that fire. The Station fire in southern California is still burning in the foothills of Los Angeles. The fire has swept through canyons that are drowning under decades' worth of dense vegetation. As of Tuesday, the fire has burned 160,000 acres, destroyed 183 homes and other buildings, and cost more than $90 million to fight. More than 8,000 firefighters have battled the blaze, and, tragically, two firefighters have lost their lives.

The Station fire is now the largest fire in Los Angeles County history. It is also a reminder of how important it is to increase funding for fuels reduction and fire suppression. I am very proud this bill accomplishes both.

Third, the bill shores up our public land management agencies by providing a total of $6 billion for basic operations and backlog maintenance of our national parks, national forests, national wildlife refuges, and on Bureau of Land Management land.

For too long we have neglected these agencies and forced program cuts on them by underfunding the fixed costs they incur every year. In this bill, fixed costs are fully funded. That is important. Included in these funds are $2.2 billion for basic operations of our 391 national parks, an increase of $130 million. These funds will allow the Park Service to continue utilizing the 3,000 seasonal employees who have made a real difference in the condition and enjoyment of our parks. Additional maintenance personnel, additional law enforcement officers, and additional park rangers will all be brought back as a way of enhancing the visitor experience now and preparing our parks for the centennial in 2016.

Our national parks are jewels throughout the United States of America. They cannot be allowed to grow into poor condition. They must be maintained, and they must be operated properly.

Also, I wish to point out that the funding being provided in this bill will

allow the Park Service to continue the drug eradication program started last year. I can tell you, in California, this has become a major problem, with literally hundreds of thousands of acres in our national parks taken over by Mexican cartels that have moved into the back areas and set up marijuana production facilities. They are armed. They are dangerous. It has taken the resources of combined task forces--of local, Federal, and State officers--to go in and root out these areas and also to eradicate the planting that has been done. More than $10 million is being made available so law enforcement personnel can work with other Federal and State agencies to extricate the illegal drug operations that are increasingly invading our national parks.

This effort is not just limited to the Park Service. Included in the $1.56 billion that this bill provides for operations of the national forests is a new $10 million increase for the Forest Service's law enforcement program. These funds mean the Service will be able to hire up to 50 new law enforcement officers to battle the epidemic of these marijuana gardens on our public lands.

The bill also contains a $5 million increase to begin cleaning up more than 25,000 acres of forest lands nationwide that have suffered environmental damage because of these drug--the word is ``gardens.'' I hate that word applied to these drug projects, so I will say ``drug projects.''

Fourth, the bill increases the protection and conservation of sensitive lands by providing $419 million through the Land and Water Conservation Fund. Of that amount, $262 million is set aside for four Federal land management agencies for conservation of sensitive lands that provide habitat to wildlife and recreation to visitors; $55 million is for conservation easements through the Forest Legacy Program; $54 million is for acquisitions associated with habitat conservation plans; and $35 million is for State grants through the Park Service's State Assistance Program.

Finally, the bill helps some of the most vulnerable among us by providing a total of $6.6 billion for the Indian Health Service and the Bureau of Indian Affairs. That is an 11-percent increase over the 2009 enacted level. The bill includes increases of $450 million in direct health care services; $81 million in K-12 and college education programs; and $83 million in law enforcement programs, which will allow for additional police officer staffing on the streets and in detention centers.

With these funds, more than 10,000 additional doctor visits will take place that would not otherwise happen. This means additional well-baby care to prevent problems before they happen. It means additional alcohol and substance abuse treatment, which is truly a plague in Indian Country. It means additional public health nursing visits so those rural areas are not left out.

Funding provided through the Bureau of Indian Affairs will improve programs and infrastructure at the Bureau's 183 schools. The $81 million increase in education programs will allow the Bureau to substantially increase the number of schools that meet the Adequate Yearly Progress goals spelled out in No Child Left Behind. For the first time--and I am proud of this--nearly half of all schools will meet this milestone. Additional funding for law enforcement programs will allow the Bureau to increase staffing throughout Indian Country.

But it is not just funding for staff that is going to make a real difference. The bill includes a threefold increase in funds for repair and rehabilitation of detention facilities. Too often, Bureau police officers are forced to spend useless time transporting detainees, sometimes hundreds of miles, to be incarcerated in adequate detention facilities. These funds will allow the Bureau to repair several local facilities so less time is spent in transit.

All in all, I believe Senator Alexander and I have been fair and conscientious in crafting this bill. I urge my colleagues to let us move forward with this measure as soon as possible.

I want my ranking member to know I am very proud of this bill, not only because it is a good bill, it is the first start we have had together. I look forward to more years where we can build our fire suppression, our care and concern for our national parks, the Smithsonian, all the 19 institutions it represents, the Kennedy Center, and all the various Departments we are concerned with in this appropriations bill.

It is necessarily dull to put forward figures, but as both of us have learned from our prior lives, budgets and appropriations condition policy. So I think this is not only a good appropriations bill, but it is a very good policy bill for the Departments that are included within the bill.

It has been a sheer delight for me to work with you, I say to Senator Alexander. Now I would like to defer to the Senator for any comments he might care to make.

Madam President, if I may, I wish to thank the ranking member for those very gracious remarks. They are reciprocated in whole. I think his expressions about the bill are very well taken, and we will just proceed from there.

I would like Senators to be fully aware that any amendment which proposes to increase spending in one area of the bill will need to be offset with a commensurate cut in another area. The bill is at its allocation level, and the overall effect of the bill's bottom line must remain neutral. Not to do so is to create a 60-vote point of order against the amendment. So everyone who wishes to offer an amendment should bear that in mind. I think both of us will fight vociferously to see that the financial integrity of our bill is continued.

I very much appreciate Senator Alexander pointing out that this is the first time since 2005 that the full Senate has had an opportunity to consider this bill. Considering the landmarks, the vital aspects of this American government of which people are singularly proud--I mean, we don't hear much criticism about the Federal Government providing national parks or a forest service or an environmental protection agency. So this is a bill of which we are very proud.

I, too, wish to encourage Senators to come to the floor now. We wish to pass this bill as quickly as we can. The floor should be open to amendments.

With that in mind, I yield the floor.

Madam President, I will respond to the Senator from Nebraska. My belief is that we had an amendment yesterday that was passed overwhelmingly by this body, prohibiting the use of Federal funds for ACORN, period. The staff has been researching this bill. We do not believe there are any Federal funds in this bill. I believe if there were a rollcall vote, it would come out essentially the same as it did yesterday.

So I say to the distinguished Senator, both the ranking member and I would be prepared to take this amendment by unanimous consent.

If I may, through the Chair to the Senator, to the best of our knowledge, there is no funding in this bill for ACORN. The staff is looking and has found no funding in the bill for ACORN. Therefore, there is a redundancy, and this will have to be done on every single appropriations bill, which doesn't seem to me to make very good sense. I think an 80-plus vote yesterday is a very substantial vote. I think everybody who is interested has access to know--we are trying very hard--and I hope the Senator will not be upset by what I am saying, but we are trying to move our bill, and we will take the Senator's amendment so that the amendment--if there is any funding, it still cannot be used, even without this amendment. So the Senator is covered.

Madam President, I wish to signal to all Members that the floor is open. Amendments will be received to this bill. I say to my colleagues, if you have an amendment to the Interior Appropriations bill, please come to the floor.

Order of procedure

Madam President, I ask unanimous consent that the September 16 order with respect to H.R. 3288 be modified to provide that the Senate resume consideration of the bill at 2:30 p.m., with the remaining provisions still in effect. That is the housing and transportation bill. Further, as in executive session, I ask unanimous consent that at 12:30 p.m. today, the Senate proceed to executive session to consider the nomination of Gerard E. Lynch to be a U.S. Circuit Court judge for the Second Circuit; that there be 2 hours of debate with respect to the nomination, with the time equally divided and controlled by Senators Leahy and Sessions or their designees; that upon the use or yielding back of time, the nomination be set aside to recur upon passage of H.R. 3288; that prior to the vote on confirmation of the nomination and the Senate resuming executive session,

there be 2 minutes of debate equally divided and controlled; that upon confirmation, the motion to reconsider the vote be considered made and laid upon the table; that no further motions be in order; that the President be immediately notified of the Senate's action; and that the Senate then resume legislative session.

Madam President, I ask unanimous consent that the vote in relation to the Johanns amendment No. 2394 occur upon disposition of the nomination of Gerard Lynch and that no amendment be in order to the amendment prior to the vote, with 2 minutes of debate equally divided prior to the vote.

Madam President, I suggest the absence of a quorum.

Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Madam President, I note that no colleagues are on the Senate floor. The floor is open for amendments, and I would like to urge our colleagues on both sides of the aisle, if you have an amendment, please bring it to the floor.

I thank the Chair. I suggest the absence of a quorum.

Madam President, as chairman of the committee, I urge a ``no'' vote on this amendment. We voted on this yesterday. The vote was compelling, 87 to 7. To the best of our knowledge--and the staff has scrubbed the bill--there is no money for ACORN in the Interior appropriations bill. To do this is to set a precedent to do this on every single appropriations bill. This morning I said to the distinguished Senator from the great State of Nebraska: We will take this amendment. He refused. I guess all of this is really to show people. It is unnecessary. It delays. This is an important bill. We would like to get it passed. Please vote no.

I object.

I move to reconsider the vote.

Madam President, before the Senator begins, I wonder if I might simply say that the floor is open for any amendments to the bill. So if Members are in their offices and would like to come down and present an amendment, following Senator Brown would be a good time.

Thank you, Madam President.

Madam President, it is my understanding that the distinguished ranking member of the Judiciary Committee wishes to speak as in morning business and I certainly have no objection.

Madam President, I ask unanimous consent that the Senate proceed to a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Madam President, I suggest the absence of a quorum.

Mr. President, today I am pleased to join with Senator Boxer in introducing the Managing Arson Through Criminal History, MATCH, Act of 2009. This bill is a companion to a bill introduced in the House of Representatives by Representatives Bono Mack and Schiff.

The bill would establish Federal and State arson registries; require convicted arsonists and bombers to register and update certain specified information for 5 years after a first conviction, 10 years after a second conviction, and for life after a third conviction; and authorize grants and incentives through the Department of Justice so that these registries will be operational within 3 years.

Southern California just went through one of the worst fire disasters in its history. The Station Fire destroyed 160,500 acres, destroyed more than 80 homes and threatened more than 12,000 homes. Right now, the fire is still burning in wilderness areas on its eastern flank in the Angeles National Forest.

Two firefighters, Fire Captain Tedmund ``Ted'' Hall, 47, of San Bernardino County, and Firefighter Specialist Arnaldo ``Arnie'' Quinones, 34, of Palmdale, served with dedication and courage. They were killed August 30th when their truck slipped off a winding dirt road high in the Angeles National Forest. Officials believe the truck might have been overrun by flames from the wildfire.

Though the incident is still under investigation, officials believe that Hall and Quinones may have ordered dozens of people to seek shelter while they fought through active flames to search for an escape route.

There is no doubt that the Station Fire, the largest wildfire in the history of Los Angeles County, was the result of arson after investigators examined forensic evidence from scorched landscape off Angeles Crest Highway. The spot is believed to be the source of origin of the Station fire and investigators have found incendiary material near the site.

This was a disaster of massive proportions--preliminary estimates indicate that these fires will cost $100 million. In these tough economic times, this cost and its effect on the economy of California is enormous and will have an impact for years to come.

Although the Federal Government may foot 80 to 90 percent of the bill for fighting the fire, which broke out in national parkland, the state's share will hit at a time when California is in the grip of a fiscal crisis.

Unfortunately, this is not the first or last time that a wildfire in California is started by an arsonist. It doesn't need to be that way. The bill that I introduce today--the MATCH Act would assist fire investigators and law enforcement officials by giving them up-to-date information on potential arsonists and bombers.

The bill would require convicted arsonists and bombers to register and regularly update their personal information in a new arsonist registry. In the future this will allow law enforcement and fire investigators to have an accessible database they can use to either find or rule out people of interest.

This will allow them to more easily complete their investigations, find the person responsible, and ensure that more wildfires won't get started intentionally.

This bill represents common-sense legislation that will help law enforcement officers do their jobs. Hundreds of firefighters worked on controlling the Station Fire. We owe it to these brave men and women who put their lives on the line--and others like them who will do so in the future--to give fire investigators this important new tool, so they can help bring arsonists and bombers to justice.

I urge my colleagues to support this important legislation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I am pleased to join with Senator Boxer in introducing the Managing Arson Through Criminal History, MATCH, Act of 2009. This bill is a companion to a bill introduced in the House of Representatives by Representatives Bono Mack and Schiff.

The bill would establish Federal and State arson registries; require convicted arsonists and bombers to register and update certain specified information for 5 years after a first conviction, 10 years after a second conviction, and for life after a third conviction; and authorize grants and incentives through the Department of Justice so that these registries will be operational within 3 years.

Southern California just went through one of the worst fire disasters in its history. The Station Fire destroyed 160,500 acres, destroyed more than 80 homes and threatened more than 12,000 homes. Right now, the fire is still burning in wilderness areas on its eastern flank in the Angeles National Forest.

Two firefighters, Fire Captain Tedmund ``Ted'' Hall, 47, of San Bernardino County, and Firefighter Specialist Arnaldo ``Arnie'' Quinones, 34, of Palmdale, served with dedication and courage. They were killed August 30th when their truck slipped off a winding dirt road high in the Angeles National Forest. Officials believe the truck might have been overrun by flames from the wildfire.

Though the incident is still under investigation, officials believe that Hall and Quinones may have ordered dozens of people to seek shelter while they fought through active flames to search for an escape route.

There is no doubt that the Station Fire, the largest wildfire in the history of Los Angeles County, was the result of arson after investigators examined forensic evidence from scorched landscape off Angeles Crest Highway. The spot is believed to be the source of origin of the Station fire and investigators have found incendiary material near the site.

This was a disaster of massive proportions--preliminary estimates indicate that these fires will cost $100 million. In these tough economic times, this cost and its effect on the economy of California is enormous and will have an impact for years to come.

Although the Federal Government may foot 80 to 90 percent of the bill for fighting the fire, which broke out in national parkland, the state's share will hit at a time when California is in the grip of a fiscal crisis.

Unfortunately, this is not the first or last time that a wildfire in California is started by an arsonist. It doesn't need to be that way. The bill that I introduce today--the MATCH Act would assist fire investigators and law enforcement officials by giving them up-to-date information on potential arsonists and bombers.

The bill would require convicted arsonists and bombers to register and regularly update their personal information in a new arsonist registry. In the future this will allow law enforcement and fire investigators to have an accessible database they can use to either find or rule out people of interest.

This will allow them to more easily complete their investigations, find the person responsible, and ensure that more wildfires won't get started intentionally.

This bill represents common-sense legislation that will help law enforcement officers do their jobs. Hundreds of firefighters worked on controlling the Station Fire. We owe it to these brave men and women who put their lives on the line--and others like them who will do so in the future--to give fire investigators this important new tool, so they can help bring arsonists and bombers to justice.

I urge my colleagues to support this important legislation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on September 17, 2009, at 2:15 p.m., in room SD-366 of the Dirksen Senate Office Building.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, September 17, 2009, at 10 a.m., to hold a hearing entitled ``Countering the Threat of Failure in Afghanistan.''

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet during the session of the Senate September 17, 2009, at 2:15 p.m. in Room 628 of the Dirksen Senate Office Building.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet during the session of the Senate, on September 17, 2009, at 10 a.m. in SD-226 of the Dirksen Senate Office Building, to conduct an executive business meeting.

Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on September 17, 2009. The Committee will meet in room 418 of the Russell Senate Office Building beginning at 9:30 a.m.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on September 17, 2009, at 2:30 p.m.

Mr. President, I ask unanimous consent that the Committee on the Judiciary, Subcommittee on Crime and Drugs, be authorized to meet during the session of the Senate, on September 17, 2009, at 2 p.m. in room SD-226 of the Dirksen Senate Office Building, to conduct a hearing entitled ``Evaluating S. 1551: The Liability for Aiding and Abetting Securities Violations Act of 2009.''

Mr. President, I ask unanimous consent that the Ad Hoc Subcommittee on Contracting Oversight of the Committee on Homeland Security and Governmental Affairs be authorized to meet during the session of the Senate on September 17, 2009, at 2:30 p.m. to conduct a hearing entitled, ``Improving Transparency and Accessibility of Federal Contracting Databases.''

Madam President, I ask unanimous consent that Tomer Hasson, an environmental legislative fellow in my office, be granted floor privileges for the pendency of H.R. 2996, the Interior appropriations bill.

Mr. President, I rise today to bring to my colleagues' attention a new report by Human Rights Watch entitled ``Burma's Forgotten Prisoners.''

The report offers moving and compelling stories of political activists in Burma who have put their lives and careers on the line to raise awareness about the human rights situation in their country.

In the face of threats, intimidation and beatings, they have embraced nonviolence to put pressure on the ruling military junta to respect the legitimate aspirations of the people of Burma and support a new government based on democracy, human rights, and the rule of law.

We all have been inspired by the story of Burma's most famous political prisoner, Nobel Peace Prize winner and leader of the democratic opposition, Aung San Suu Kyi.

After leading the National League for Democracy to an overwhelming win in the 1990 parliamentary election--a victory quickly annulled by the military junta--she has spent the better part of the past 19 years in prison or under house arrest.

Recently, a Burmese court sentenced her to an additional 3 years of confinement on trumped up charges of violating the terms of her house arrest.

Yet despite the regime's best efforts, it has failed to stifle her will and her call for free and democratic Burma.

And it has failed to stop her from inspiring thousands of her fellow citizens to take up her cause.

The report by Human Rights Watch reminds us that while Suu Kyi is the most well-known democracy activist, she is by no means alone. In fact, the report notes that there are now more than 2,100 political prisoners in Burma; there are 43 prisons holding political activists in Burma and 50 labor camps; and beginning in late 2008, closed Burmese courts sentenced more than 300 activists to prison terms of, in some cases, more than 100 years for speaking out against the government and forming organizations.

Among those profiled are Zargana, one of Burma's most famous comedians, actors, and human rights activists, who was arrested and sentenced to 59 years in prison for criticizing the

government's response to Cyclone Nargis; U Gambira, a young Buddhist monk who was sentenced to 68 years in prison including 12 years of hard labor for playing a key role in the 2007 demonstrations which became known as the Saffron Revolution; Ma Su Su Nway, a prominent labor rights activist who was sentenced to 12\1/2\ years in prison for criticizing the government during the 2007 demonstrations; and Min Ko Kaing, a 46-year-old activist who has spent 17 of the past 20 years in prison, most of it in solitary confinement, for his political beliefs.

At a time when the regime is intent on moving forward with new elections based on a constitution that was drafted behind closed doors and would entrench the military as the country's dominant political force, it is important for us to remember that there are those in Burma who have a different vision.

These brave activists deserve our admiration and respect. More importantly, they deserve to know that we stand in solidarity with them and we will not rest and we will not remain silent until they are free.

I urge my colleagues to read the report and to once again call on the ruling State Peace and Development Council to release all political prisoners and begin a true dialogue on national reconciliation in Burma.

Mr. President, I rise today to speak about the Intelligence Authorization Act for fiscal year 2010, S. 1494, that the Senate has approved by unanimous consent.

The legislation is the product of a bipartisan effort in the Intelligence Committee, which was reflected by the committee's unanimous vote of 15 to 0 on the bill. I thank Vice Chairman Bond for his efforts on the legislation and the full committee staff for their work.

It has been 4 years since the Congress has passed and the President has signed an intelligence authorization act. This has meant that the law has not kept up with changes in the intelligence community and that Congress has not been able to require reforms and provide flexibilities that are sorely needed. I am pleased that the Senate has taken a major step toward enactment.

Before summarizing some of the key provisions of this legislation, let me briefly describe the way in which it was written.

The committee has worked with the Director of National Intelligence, DNI, ADM Dennis Blair, to identify areas where legislation is needed to better run and oversee the Nation's 16 intelligence agencies. Many of these provisions have been proposed and included in previous legislation reported out by the Intelligence Committee but have yet to be passed into law.

At the request of the White House, we have separated issues of terrorist detention and interrogation from this bill and the committee intends to take up legislation on those issues separately. The committee has not changed its position from previous legislation on the need to have an effective and humane interrogation program that operates fully within the nation's laws and international commitments.

The major themes of this bill are to strengthen the Director of National Intelligence to make sure that he has the management authorities and flexibilities needed to direct the intelligence community; insist upon stronger accountability and oversight mechanisms for intelligence activities, both within the executive branch and by the Congress; and to fund fully the intelligence community's share of the war efforts in Iraq and Afghanistan and the continuing counterterrorism operations against al-Qaida and other terrorist organizations worldwide.

There is also a classified annex to this bill, which lays out the authorized funding levels for the National Intelligence Program. The theme of the annex is to shift funds from intelligence activities that are less capable, lower priority, or not performing to those that will provide the Nation with better capabilities for intelligence collection, analysis, counterintelligence, and covert action.

The details of the classified annex are necessarily secret, but all Members are welcome to review them at the committee's offices at any time.

Let me describe some of the notable provisions in more detail.

To add to the management authorities of the Director of National Intelligence, the bill gives the Director of National Intelligence greater flexibility in personnel matters, including extending the length of time that personnel may be detailed to an intelligence agency to 3 years from the current 1 year. It also provides the Director, working with individual intelligence agencies, to shift or hire personnel by up to 5 percent above authorized personnel levels if intelligence requirements demand doing so. The bill authorizes the DNI to conduct accountability reviews of personnel and elements within the intelligence community, further clarifying that the Director is the senior official in the intelligence community. It seeks to prevent repetitions of information sharing problems by enabling the DNI to purchase necessary equipment or technology to improve information sharing with governmental departments or agencies regardless of whether they are part of the intelligence community. The bill also requires the intelligence community to continue putting in place the information technology necessary to assure information flows between its agencies.

The committee has longstanding concerns with the way the intelligence community has briefed, or has failed to brief, the congressional Intelligence Committees on all intelligence activities and covert actions. Two major controversies, over CIA detention and interrogation and over the warrantless surveillance program of the National Security Agency, were both briefed only to the chairman and vice chairman of the Senate Intelligence Committee. The rest of the committee's membership was unaware of these programs for years.

The bill strengthens the statutory requirements to keep the congressional intelligence committees ``fully and currently informed'' of intelligence activities and covert actions. The legislation makes clear that there is no exception to the obligation to brief Congress on intelligence activities and covert actions; requires that notifications include a description of the legal authority on which activities are undertaken; and requires that all committee members be provided with the broad outlines--the ``main features''--of intelligence programs in those instances where the sensitive operational details are provided only to a limited number of Senators.

In addition to ensuring that notifications to the Congress are conducted, the bill includes a number of additional provisions intended to strengthen intelligence oversight. These include creating an independent inspector general, confirmed by the Senate, to help the DNI oversee the intelligence community and strengthening the inspectors general of the National Security Agency, NSA, Defense Intelligence Agency, DIA, National Reconnaissance Office, NRO, and National Geospatial-Intelligence Agency, NGA, by listing them

under the Inspector General Act of 1978.

They include requiring Senate confirmation for the Directors of the National Security Agency, the National Reconnaissance Office, the National Geospatial-Intelligence Agency, and for the Deputy Director of the CIA. For several years, the Intelligence Committee has viewed these positions as holding substantial budgetary and policy responsibilities.

They also include improving the intelligence community's ability to budget, manage finances, and run program acquisitions. I am unable to state publicly why these provisions are so important, but it is fair to say that intelligence agencies have had major failures in this regard. In this bill, we have sought to apply best practices from other parts of the government to intelligence community management and acquisitions with the goal of more efficiently and effectively using taxpayer dollars to fund intelligence activities.

Finally, while I am unable to provide specifics due to reasons of classification, let me highlight five other parts of the bill and its classified annex that merit recognition.

Satellites. To address a problem created by years of mismanagement and acquisition failures, the annex to this bill recommends a more capable and more affordable imagery satellite architecture that addresses the requirements of both our civilian policymakers and military warfighters.

Languages. As our committee report notes, the intelligence community's language capabilities are abysmal. This bill authorizes increased funding to significantly improve language proficiencies. Rather than funding separate initiatives across the various intelligence agencies, this funding is provided to the Director of National Intelligence for allocation and coordination to maximize effectiveness.

Research and Development. The U.S. intelligence community leads the world in the technical collection of intelligence. This success is the result of decades of investment in research and development. The annex to this bill recommends increases in investment on research and development to return to the level of funding necessary to maintain the nation's technological edge.

Cybersecurity. The committee has held numerous hearings with the Acting Senior Director for Cybersecurity in the National Security Council, the Director of the National Security Agency, and the committee's Technical Advisory Group. I believe strongly that cyber attack and espionage by adversary nations and nonstate actors pose a grave threat to our Nation's national and economic security. I also believe, however, that initiatives underway to provide for security of the government's cyber networks need to be implemented and overseen carefully to ensure that privacy rights are upheld.

For this reason, the bill includes a provision that establishes a framework for executive and congressional oversight for cybersecurity. Specifically, it requires reporting to Congress on the legal authorities for cyber-security programs, privacy assessments, and details of the concept of operations for these activities. The provision also requires thorough auditing of cyber-security programs by the relevant inspectors general, especially to determine compliance with law and privacy rights. Finally, the provision authorizes the detail of cyber experts from the intelligence community to the Department of Homeland Security and FBI to assist in their roles in cyber defense and law enforcement. The annex to the bill also adjusts funding levels to ensure that the President's request for cyber- security activities are appropriately funded and are proceeding under clear legal and policy guidance.

Report on compliance with laws related to detention and interrogation. As I noted, the administration and our committee continue to conduct reviews of detention and interrogation practices begun after September 11, 2001. This bill requires the DNI to report on how the intelligence community complies with all laws, international obligations, and executive orders related to the detention and interrogation of persons under their control.

Following the reporting of our bill on July 22, we have worked with three committees of the Senate to resolve several questions.

We have worked with the Armed Services Committee to develop a Senate resolution that will govern the sequence of referral, between that committee and the Intelligence Committee, of nominations for Director of the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency. That resolution has the support of Chairman Levin and Ranking Member McCain of the Armed Services Committee, as well as having my and Vice Chairman Bond's support. I will address the proposed resolution in a separate colloquy today with Chairman Levin.

We have worked with Ranking Member Cochran of the Appropriations Committee on an agreement to strike, in a managers' amendment, section 341 of the bill that would have expressed the sense of the Senate on an Appropriations Subcommittee on Intelligence. That internal Senate matter will continue to be discussed within the Senate but will not be a part of this bill.

We have worked with Chairman Leahy of the Judiciary Committee to resolve several matters. The managers' amendment that Vice Chairman Bond and I have offered amends three provisions which require the submission of reports on various matters. The purpose of the amendments to sections 336, 407, and 445 is to ensure that the Judiciary Committee receives reports on matters within its jurisdiction. In consultation with the Office of the Director of National Intelligence, the managers' amendment amends section 411 on a FOIA operational file exemption to state more precisely the intent of the provision. The managers' amendment also strikes section 352 that establishes a FOIA exemption for terrorist identity information that is disseminated for terrorist screening purposes. As a comparable provision has been reported in the House, we expect that the provision will be the subject of further consideration at conference.

Mr. President, the vice chairman and I have worked hard to produce bipartisan legislation that provides the intelligence community with the tools and resources needed to keep the Nation safe and to inform decisionmakers. This bill does just that. It strikes a balance between allowing intelligence agencies the latitude to conduct their operations while ensuring their legality and efficiency.

I very much appreciate the Senate's approval of this legislation and look forward to bringing a conference report to the Senate as soon as possible.

Mr. President, section 432 of S. 1494, the Intelligence Authorization Act for Fiscal year 2010 that is before the Senate today, provides that the Directors of the National Security Agency, the National Geospatial-Intelligence Agency, and the National Reconnaissance Office shall be appointed by the President with the advice and consent of the Senate. For several years, the Select Committee on Intelligence has been seeking the enactment of legislation to provide for Senate confirmation of these important positions. The Senate has previously endorsed this effort by including this requirement in the proposed Intelligence Authorization for Fiscal Year 2008.

It is our strong hope that the time has come to enact this fundamental measure to ensure adequate oversight of these three agencies whose spending constitutes a significant portion of the entire intelligence budget. In preparation for that, my colleague at the Intelligence Committee, our vice chairman Kit Bond, and I have worked with the leadership of the Armed Services Committee, Chairman Carl Levin and Ranking Member John McCain, to settle on the process by which our two committees will assist the Senate in a careful examination of the qualifications of nominees to head these agencies. The insights of both committees is important in that process because the three entities are housed in the Department of Defense and perform significant responsibilities there while also being major components of the intelligence community.

The resolution that we have prepared recognizes the contribution that each of our committees should make to a thorough and timely process. It provides that if the nominee is an Active-Duty military officer, the confirmation process will begin in the Armed Services Committee and, if reported, the nomination will be sequentially referred to the Intelligence Committee for a prescribed period of time; namely, 30 days plus an additional 5 days if the 30-day period expires when the Senate is in recess. If the nominee is a civilian, the confirmation process will begin in the Intelligence Committee with a sequential referral to the Armed Services Committee under those same time limits. To ensure that the sequential referral does not delay completion of the committee part of the nomination process, the resolution provides for the automatic discharge of the nominations from the second committee if it has not reported with the prescribed period of time.

This referral system recognizes the equities of each committee and will ensure that the Senate receives the benefit of the recommendations made by the two committees with the expertise necessary to advise the Senate about the qualifications of nominees to head these three important agencies.

Although we are not formally introducing the resolution at this time, Vice Chairman Bond joins me in this public commitment to the Senate that we will ask our committee to report the resolution in time for consideration and adoption by the Senate in conjunction with a conference report on the fiscal year 2010 Intelligence authorization.

I ask unanimous consent that the full text of the resolution, showing its cosponsorship by myself, Senator Levin, Senator Bond, and Senator McCain, be printed in the Record at the conclusion of the colloquy.

I should note for the Senate that while the full text of the amendment includes language pertinent to other nominations, such as the Assistant Attorney General for National Security, the substantive change to section 17 of S. Res. 400 only bears on the sequence of responsibilities between the Armed Services and Intelligence Committees.

I now turn to Senator Levin for his remarks.

Mr. President, as I sit here and listen to the remarks of my colleagues and I look over at that black velvet-draped desk, with the pristine white roses, and the poem by Robert Frost, and I think about the past 17 years I have been here and have looked up-- and perhaps it is late at night, perhaps it is in the morning, perhaps it is in the afternoon--and Senator Kennedy is at his desk and he is talking about a bill he cares a great deal about--and, as Senator Lautenberg had said earlier, he introduced 550 bills that became law. Around here, you can introduce a bill, and maybe it goes somewhere and maybe it does not. You can introduce a bill, and maybe it is a small bill, but introducing a big bill that goes somewhere, that passes the House and is signed by the President of the United States, is not a small feat.

I listened to Senator Byrd, and in the past he has spoken about lions of the Senate. Ted Kennedy was a lion of the Senate.

During 47 years--and this morning in the Judiciary Committee, we learned he had been the longest serving member--during 47 years, if you look at the big bills: the Mental Health Systems Act of 1980, which enabled people with mental illnesses to live in their communities with minimal hospital care; the Children's Health Insurance Program, which has been spoken about, which provided health insurance to uninsured children of low-income families; the commitment to health care reform that did not diminish even as he suffered through terminal illness; his dedication to education, he was a leader in the landmark Elementary and Secondary Education Act, which established the Federal Government's commitment to fund school for poor children in public schools; No Child Left Behind, widely hailed as the greatest example of bipartisan cooperation during the Bush administration; the bill he did with Orrin Hatch, the Serve America Act, the greatest expansion of national service since the New Deal--it goes on and on and on, big bills, bills that changed people's lives, not just in a county or a city but all across this great land.

In civil rights, as you look across at that desk, he had no peers. He would stand up, and I would watch: The lower jaw would quiver slightly, and he would begin, and there would be the thunderous tones, either in the Judiciary Committee or here on the floor, that would fill the room, filled with passion, filled with conviction, filled with determination.

He played a major role in every civil rights battle in this Congress for 40 years. Who else can say that? He fought for people of color, for women, for gays and lesbians, for those seeking religious liberty. His amendments to the Voting Rights Act in 1982 led to significant increases in minority representation in elective office. He was a major sponsor of the Americans with Disabilities Act to ensure that millions of disabled Americans could live productive lives. These are not small bills; these are big bills--the Civil Rights Act of 1991, which strengthened civil rights protections against discrimination and harassment in the workplace; again, a big bill which became law.

I was part of that small group of Senators who met on immigration reform hour after hour in small hot rooms. I watched Senator Kennedy with his sleeves rolled back, when he would sit back and wait for just the right time to move or change the tenor of the discussion. True, that was one that was not successful, but it wasn't because he did not try.

Seventeen years ago, Joe Biden asked me if I would be the first woman on the Senate Judiciary Committee. I had the honor of doing it. Ted Kennedy was No. 2 in seniority sitting on that committee. I saw his commitment firsthand. It was very special. You see, I was a volunteer in the campaign for John Fitzgerald Kennedy. I was a full-time volunteer for Bobby Kennedy for his campaign. I saw the Nation ripped apart by these double assassinations. I saw Senator Kennedy, in addition to being a lion in the Senate, become a surrogate father to nieces and nephews. I saw him accept this mantle with great enthusiasm, with great love, and with a commitment that spanned the decades. That is very special. It is a very special human dimension of a great individual.

I lost my husband Bert to cancer, and I know well what the end is like. I know the good times that grow less and less and the bad times that become more and more. Ted Kennedy's life was enriched by a very special woman, and her name is Vicki Kennedy. For me, she is a mentor of what a wife should be. I have watched her sitting with him, writing speeches. I have watched her at weekend retreats. I have watched her fill his life with love, companionship, understanding.

I know a little bit about what the last months of a cancer victim are like. I can only say to her that we will do everything we can in this body to end cancer in our lifetime.

Yes, Ted Kennedy leaves very big shoes, shoes that probably will never be filled in quite the same way, from a family that will probably never be replicated.

I wish to end my remarks with a passage in the Prayer Book of the High Holy Day services for Reform Judaism. It was written when I was a teenager by a young rabbi I very much admired, and I wish to share it at this time:

Birth is a beginning and death a destination.

And life is a journey:

From childhood to eternity and youth to age;

From innocence to awareness and ignorance to knowing;

From foolishness to discretion, and then, perhaps, to wisdom;

From weakness to strength or strength to weakness

--and, often, back again;

From health to sickness and back, we pray, to health again;

From offense to forgiveness, from loneliness to love, from

joy to gratitude, from pain to compassion, and grief to

understanding--

From fear to faith; from defeat to defeat to defeat--

Until, looking backward or ahead, we see that victory lies

not in some high place along the way, but in having

made the journey, stage by stage, a sacred pilgrimage.

Birth is a beginning and death a destination.

And life is a journey, a sacred pilgrimage--

To life everlasting.

Ted Kennedy leaves a giant legacy in this body and we should not forsake it.

Thank you very much, Mr. President. I yield the floor.