Intelligence Committee Reorganization - Continued

CONGRESSIONAL RECORD
SENATE
Oct. 7, 2004

INTELLIGENCE COMMITTEE REORGANIZATION-CONTINUED

Mr. DURBIN. Will the Senator from Kentucky yield for a question?
Mr. McCONNELL. I yield the floor.

Mr. DURBIN. I ask the Senator from Kentucky, I have a pending amendment which has been agreed to with a modification by Senator Roberts. I am prepared to offer it whenever appropriate so we can take care of it.

Mr. McCONNELL. It appears as if Senator Hatch may not be quite ready, so why don't we have Senator Durbin go ahead and offer his amendment.

AMENDMENT NO. 4036 TO AMENDMENT NO. 3981

Mr. DURBIN. Mr. President, I send an amendment to the desk
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Illinois [Mr. DURBIN] proposes an amendment numbered 4036 to Amendment No. 3981.
Mr. DURBIN. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To modify the provisions relating to the staffing and budget of the select Committee)
In section 201, at the end of subsection (g), add the following:

"(d) Of the funds made available to the select Committee for personnel-

"(1) not more than 55 percent shall be under the control of the Chairman; and

"(2) not less than 45 percent shall be under the control of the Vice Chairman.".

Mr. DURBIN. Mr. President, I have good news for the Chamber. I believe we have reached an agreement on this amendment which will help us move this important resolution along.

I saw Senator ROBERTS on the floor a moment ago. I have had a conversation with Senator Roberts and Senator Rockefeller. The purpose of this amendment is to move us closer to the bipartisan model which we want to establish for this important intelligence committee. Yesterday, with an overwhelming vote of 96 to 2, the Members of this Chamber adopted the intelligence reform suggested by the 9/11 Commission, and it is a product of the fine bipartisan cooperation of Senator SUSAN COLLINS of Maine and Senator JOE LIEBERMAN of Connecticut.

I believe in the time I have been fortunate enough to represent Illinois in the Senate, it was one of our finer moments because we responded to a national crisis. We did it in a timely fashion. We did it in an orderly way. We brought together amendments which were substantive and numerous and voted in nonpartisan rollcalls. We came to the floor, and after a week and a half of debate brought this bill out with a vote of 96 to 2 to reform the executive branch. I think the message of the process and the message of the reform bill is that we want to take partisanship out of the intelligence operations of the executive branch.

I believe by the joint effort of the Senator from Nevada, Mr. Reid, and the Senator from Kentucky, Mr. McConnell, we are seeing that same thing today about the legislative branch.

This amendment which I propose is an effort to move us closer to parity in staffing. I believe that establishing this by rule is a good thing for the future of the Intelligence Committee. What it says is that regardless of the partisan split of the committee, which is now a split of eight to seven, if I am not mistaken, we are going to divide staff by a 55-45 proportion, 55 percent to the chairman representing the majority of the committee, and 45 percent to the ranking member representing the minority on the committee.

Along with Senator Roberts, who is on the majority side of this committee, and Senator Rockefeller, the ranking member, we had a conversation and we have agreed to a new number which I will present as a modification to this amendment shortly. It is a number of 60 percent for the chairman with the majority membership of the committee, 60 percent of the staffing funds in control of the chairman, and 40 percent of the funds in the control of the minority ranking member.

I think this is a fair compromise. I believe it is offered by both sides in the spirit of moving us toward this bipartisanship on the Intelligence Committee. I believe it will have the net effect of improving the product of the committee.

Let me quickly add that I don't believe there are necessarily Democratic or Republican answers to the tough issues we face on the Intelligence Committee. But I believe both sides should be adequately staffed so they can rise to the occasion when we face challenges for investigations and hearings that are held with witnesses being brought before us. By establishing 40 percent of the personnel funds to the ranking member and 60 percent to the chairman, I think we are moving closer to that model.

For those who have been involved, Senator McConnell and Senator Reid, let me make it clear this would apply to the committee staff and not to individual member staffs. The effort in the preparation of this resolution was made so that every member of the Intelligence Committee who has personal staff would not be affected by this amendment. The 60-40 would apply strictly to the other committee staff over and above the personal staff of the committee.

Mr. McCONNELL. Mr. President, will the Senator yield for a question?

Mr. DURBIN. Yes.

Mr. McCONNELL. I believe the amendment at the desk is 55-45. Is the Senator going to modify the amendment?

Mr. DURBIN. Yes. At this point I will be happy to yield for any other questions or comments.

The PRESIDING OFFICER. The Senator from West Virginia.

Mr. ROCKEFELLER. Mr. President, I would like to verify what the Senator from Illinois has said.
Senator Roberts can't be here at this particular time, but he authorized me to say he is in agreement with this. It is a sensible approach. It is bipartisan in nature. As far as we are concerned, there is agreement on both sides. What the managers decide is up to them.

AMENDMENT NO. 4036, AS MODIFIED
Mr. DURBIN. Mr. President, if there are no further comments or questions, I ask unanimous consent that the amendment now pending before the Senate be modified on its face, and in paragraph (d), subparagraph (1), the number 55 be changed to 60; and in paragraph (d), subparagraph (2), the number 45 be changed to 40.

The PRESIDING OFFICER. Is there objection?

Without objection, it is so ordered.

The amendment (No. 4036), as modified, is as follows:

In section 201, at the end of subsection (g), add the following:

"(d) Of the funds made available to the select Committee for personnel-

"(1) not more than 60 percent shall be under the control of the Chairman; and

"(2) not less than 40 percent shall be under the control of the Vice Chairman.".

Mr. DURBIN. Mr. President, I urge adoption of the amendment.