Congressional Record: October 29, 2003 (Senate)
Page S13431-S13435
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2004
[...]
The PRESIDING OFFICER. Under the previous order, the Senator from
North Dakota is recognized to offer an amendment.
Amendment No. 2000
Mr. DORGAN. Mr. President, I call up amendment No. 2000.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from North Dakota [Mr. Dorgan] proposes an
amendment numbered 2000.
Mr. DORGAN. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To urge the President to release information regarding
sources of foreign support for the 9-11 hijackers)
At the appropriate place, insert the following:
Sec. Sense of the Senate on declassifying portions of the
Joint Inquiry into Intelligence Community Activities Before
and After the Terrorist Attacks of September 2001.
(a) Findings.--The Senate finds that--
(1) The President has prevented the release to the American
public of 28 pages of the Joint Inquiry into Intelligence
Community Activities Before and After the Terrorist Attacks
of September 2001.
(2) The contents of the redacted pages discuss sources of
foreign support for some of the September 11th hijackers
while they were in the United States.
(3) The Administration's decision to classify this
information prevents the American people from having access
to information about the involvement of certain foreign
governments in the terrorist attacks of September 2001.
(4) The Kingdom of Saudi Arabia has requested that the
President release the 28 pages.
(5) The Senate respects the need to keep information
regarding intelligence sources and methods classified, but
the Senate also recognizes that such purposes can be
accomplished through careful selective redaction of specific
words and passages, rather than effacing the section's
contents entirely.
(b) Sense of the Senate.--It is the sense of the Senate
that in light of these findings the President should
declassify the 28-page section of the Jointly Inquiry into
Intelligence Community Activities Before and After the
Terrorist Attacks of September 2001 that deals with foreign
sources of support for the 9-11 hijackers, and that only
those portions of the report that would directly compromise
ongoing investigations or reveal intelligence sources and
methods should remain classified.
This section shall take effect one day after the date of
this bill's enactment.
Mr. DORGAN. Mr. President, this is an amendment that I also offered
yesterday. I was not able to get a vote on it yesterday because of a
ruling that it was nongermane. I have filed a notice that I intend to
move to suspend Rule XVI of the Standing Rules of the Senate. I will do
that at the end of my presentation. That will give us a vote on this
important issue today. Let me describe why I think a vote is necessary
and what this issue is.
This issue deals with 9/11, the day on which our country was attacked
and thousands of Americans were murdered by terrorists, many of whom
came into this country and lived among us and plotted an attack against
the World Trade Center; they plotted an attack against the Pentagon and
perhaps the U.S. Capitol. They hijacked commercial airliners and used
commercial airliners, full of both passengers and fuel, as flying bombs
and missiles.
No one in this country will forget the devastation, the loss of life,
and the horror of the terrorist attacks committed against the United
States on September 11.
We know a fair amount about September 11: who organized it and how it
was organized. We know Osama bin Laden has taken credit for it. We know
it was planned by Osama bin Laden and a terrorist group called al-
Qaida, and they were supported by the Taliban government in
Afghanistan. We know a fair amount about the details of that day and
the activities of the hijackers. There has been a great deal of
discussion about how did it happen--how did it happen that these
coordinated attacks by terrorists occurred in this
[[Page S13432]]
country without our intelligence community knowing it was going to
happen and taking action to prevent it.
As we know as well, from testimony before the Congress and from other
information, we had some warnings. The FBI had some warnings. In fact,
one FBI agent wrote a memorandum inside the FBI saying he worried about
certain people of certain nationalities taking flying lessons,
potentially for the purpose of using an airplane for hijacking and as a
tool of a terrorist attack. We had other evidence that existed in our
intelligence community from both the FBI and CIA.
So there has been a great deal of discussion about how do we find out
what we knew, what the agencies knew, what we could have done to
prevent these attacks, and what we now know about those who committed
the attacks and how to prevent future attacks. That is all very
important.
There are a couple of efforts underway. One was an effort before the
Congressional Joint Intelligence Committee. They did an inquiry into
intelligence community activities before and after the terrorist
attacks of September 2001. That inquiry was done and finished with a
report that was released this past summer. The report was authorized
for release by the Bush administration. It took 9 months to write, 7
months to declassify, and when it was released, we discovered there are
28 pages of that report that are redacted; 28 pages of the report have
been classified, so that the American people cannot know what is in
that report.
The question is, Why? On behalf of the victims, the victims'
families, the American people, I ask, Why would 28 pages of that report
be classified and unavailable to be seen by the American people? We are
told it contains information about other governments, or another
government and its activity with respect to some of these issues. We
are told by some that there were areas of support by another
government, or governments, for the terrorists themselves as they began
to work and put together the resources and plan these attacks against
the United States. If that is the case, the question is, Which
governments? Who was involved? How were they involved? Are those
governments still involved in supporting terrorists who would strike at
the heart of this country and kill innocent Americans?
Why do we not have the right to know if governments supported some of
the terrorists who were working and planning and gathering the
resources to attack this country? If another government provided any
support for that, do we not have a right as an American people to know
that? Why has that information been classified?
Mr. LEAHY. Will the Senator yield for a question?
Mr. DORGAN. I am happy to yield.
Mr. LEAHY. The Senator from North Dakota makes eminent good sense in
what he is saying. I recall at the time this report came out--and we
all remember the blacked-out pages--the country of Saudi Arabia sent
over emissaries to say--and I don't know how serious they were about
this--would you release this.
My question to the Senator is: Insofar as the majority of hijackers
at the time of September 11 were from Saudi Arabia, and insofar as we
know from press accounts--not classified material but press accounts--
that a lot of funding of al-Qaida came from Saudi Arabia and may still
be coming from Saudi Arabia, don't you think it would be helpful to
know if Saudi Arabia is mentioned in this blacked-out part and to what
extent, considering the fact that they apparently have turned a blind
eye to some of the terrorists who are striking at the United States?
Mr. DORGAN. Well, Mr. President, the Senator from Vermont is
absolutely correct. The American people ought to have a right to know
if a foreign government was involved in helping provide resources for
and planning for attacks against this country. We have a right to know
that.
The amendment I am offering is a sense-of-the-Senate amendment that
says to the President: Declassify this material. What is so sensitive
that the American people can't know whether a foreign government was
involved in the planning and providing the resources for a terrorist
attack against this country?
Let me tell you what the chairman and the ranking member--a
Republican and a Democrat--of the Intelligence Committee said on this
issue when these 28 pages were withheld from the American people.
Senator Shelby, the ranking member then on the Intelligence Committee,
a Republican, said:
I went back and read every one of those pages thoroughly.
My judgment is that 95 percent of that information could be
declassified and become uncensored so the American people
would know.
Asked why this section was blacked out, Senator Shelby said:
I think it might be embarrassing to international
relations.
Senator Graham said:
During the negotiation that was held with the
administration prior to the release of the documents, we had
submitted a counteroffer indicating what we thought were
legitimate areas of national security with the rest of the
section dealing with foreign governments to be released to
the public. The counteroffer was not accepted. The
administration took the position that the totality of this
section dealing with the role of foreign governments should
remain censored and beyond the view of the American people.
Question of Senator Graham:
Can you give us some idea of how big the counteroffer was?
Senator Graham said:
It was in the range, which Senator Shelby indicated he
thought it was, of 28 pages that represented genuine national
security interests which was 95 percent open and 5 percent
continued classified.
I am not trying to embarrass anybody with this amendment. I just feel
strongly that when the 9/11 commission--that is the inquiry by our
Intelligence Committee--was completed and the effort was released, to
have 28 pages censored or classified and to be told the American people
can't see it leads me to ask the question, Why? Why? If there was
another government--and all the indications are there was another
government--involved in providing support for the terrorists who
attacked this country, the American people have a right to know it.
They have a right to know who it was, what were the circumstances, why,
how do they justify that.
The Saudi Government has asked that this information be declassified
and released. The Saudi Government has asked that. Most of the
speculation, of course, is the questions about Saudi support of
terrorism, as my colleague from Vermont just described. But the Saudi
Government has asked this be declassified so they can respond to it in
public.
There is no basis, no good reason for this to remain censored and
classified. My sense-of-the-Senate amendment asks the President to
declassify that portion of the 28 pages. As Senator Shelby and Senator
Graham have described, 95 percent of it does not deal with national
security or our national security interests, and would not compromise
our interests.
Senator Schumer is a cosponsor of this amendment, and Senator
Lieberman is a cosponsor as well.
My hope is we will certainly have a vote on this amendment this
morning. My amendment will require a vote under suspension of the
rules.
I reserve the remainder of my time, Mr. President.
The PRESIDING OFFICER. Who seeks recognition? The Senator from
Kentucky.
Mr. McCONNELL. Mr. President, I am not a member of the Intelligence
Committee. I lead off by saying this has absolutely nothing whatsoever
to do with the Foreign Operations appropriations bill. We should not be
having this debate at this time.
With regard to the issue, there are those on the Intelligence
Committee who can speak to it with much more knowledge than I. I am
hopeful some of them will come over in the course of this debate. Let
me make the point the war on terrorism is an ongoing operation. The
decision to classify this material was reached between the intelligence
authorizing committees and the executive branch.
Declassifying the information should be carefully considered. For
example, would it place in jeopardy the lives of U.S. men and women
fighting the war on terrorism? Declassifying material without careful
consideration could also have a chilling effect on the sources of
information in the war on terrorism, including individuals and foreign
governments. It is conceivable
[[Page S13433]]
both individuals and foreign governments would be afraid their
participation and cooperation in the war on terrorism would become
public.
The main point I wish to make is there may be a time and place for
this debate, but it is not on this bill. I hope once the debate is
concluded we will make a decision not to proceed down this path at this
time on this measure.
I retain the remainder of my time.
Mr. DORGAN. Mr. President, how much time remains?
The PRESIDING OFFICER. Nine minutes 31 seconds.
Mr. DORGAN. Mr. President, I say to my colleague from Kentucky, there
is, in fact, an ongoing war on terrorism, and it is critically
important for this country, it is important that we be successful in
preventing terrorist attacks against this country. It is important we
be successful in hunting down those in the world who are planning
terrorist attacks against this country and destroying their network of
support. But with respect to the ongoing war against terrorism, it is
critically important, in my judgment, for this country to know, Are
there foreign governments that have supported terrorists? Are there
foreign governments that have given active financial support to those
who attacked this country on September 11, 2001? If so, who are they?
How would it compromise any interest of this country or, for that
matter, any other country under any other circumstances to disclose a
discussion in the inquiry that was done, a painstaking inquiry that was
done about another government that provided support to terrorists that
murdered thousands of Americans. The American people have a right to
know that information.
I know the easiest way to withhold information is to always claim
there is some important sensitive information that would compromise
some intelligence operation. The people in the best position to know
that would be the chairman and the ranking member of the committee who
did the inquiry, Senator Graham and Senator Shelby, a Democrat and a
Republican. Both of them have already made a judgment about this. They
said: Nonsense, this won't compromise anything. Ninety-five percent,
they said, of these 28 pages of censored, redacted material could and
should be made available to the American public without compromising
anything.
If one is wondering whether this compromises anything, I say go to
the experts, go to the authorizing committee, go to the Republican and
Democrat who were chairman and vice chairman of the committee and ask
them and they will tell you they did not support redacting this
material, censoring this material, and classifying this material. It
came from the White House. It wasn't fair to the American people to do
that.
If there is another government that provided active support--
financial support and comfort and assistance--to those who decided to
commit acts of terror against this country and murder thousands of
innocent Americans, then, in my judgment, by God, the American people
have a right to know that. The American people have a right to know
that, and classifying 28 pages that describe the circumstances in which
another government may well have provided support to terrorists
attacking this country is wrongheaded, in my judgment.
If, in fact, this inquiry describes that, another important question
exists: Is the country that provided support--financial assistance and
comfort and aid--to the terrorists who attacked this country in 2001
still providing support and aid? Do they still have adjuncts in that
society, in that government, that provide support and comfort to
terrorists? We have a right to know that as well.
In my judgment, withholding information from the American people is,
in most cases, a bad decision. If it is necessary because it would
compromise something that is important with respect to the intelligence
community, I understand that. But the two experts would be the chairman
and the vice chairman of the committee who decided to launch the
inquiry. And those two Senators, Senator Shelby and Senator Graham,
have already spoken on this issue.
They have said 95 percent of that information ought to be made
available.
I will make one additional point. Talk to the families of the people
who were murdered on 9/11 and ask them, if a foreign government was
involved in supporting acts of terror against this country, whether
they think that information ought to be made available to the American
people or ought to be censored, classified, and out of the reach of the
American people.
They will say we ought to disinfect this whole area by deciding to
give everybody as much information as possible about what happened on
9/11, not by closing the books and pulling the veil and deciding
whether to keep information from the American people. As I indicated,
even the Saudi Government that has been so much the subject of this
speculation wants this information made available, and it ought to be
made available.
My sense of the Senate is very simple. It says to the President:
Declassify this. Now, I also understand that this is a foreign
operations bill. It is an appropriations bill. There is no good time to
have a sense-of-the-Senate resolution come to the Senate floor, I
suppose, if one does not support declassifying this information. But
this amendment does not interrupt the foreign operations bill. I
support that bill. I am happy to work with the chairman and ranking
member who, I think, have done a remarkable job on that bill.
It seems to me we have a right to have a vote in the Senate about
whether this information ought to be made available to the American
people, whether it ought to be declassified, uncensored, and the
question answered: Is there another government or governments that
participated with the terrorists by providing aid, comfort, and
financial support to terrorists who committed acts of terror against
this country?
That is information, in my judgment, the American people deserve to
have.
I yield the floor and reserve the remainder of my time.
The PRESIDING OFFICER. Who yields time?
The Senator from Kentucky.
Mr. McCONNELL. I ask unanimous consent that the time running without
debate be charged equally to both sides.
Mr. DORGAN. Mr. President, reserving the right to object, how much
time remains on each side?
The PRESIDING OFFICER. There is 3 minutes 58 seconds, and 18 minutes
17 seconds for the majority.
Mr. DORGAN. Mr. President, I have a few additional comments at some
point. If the Senator from Kentucky has other speakers--I had expected
a couple of other speakers. I do not know whether that will occur
before the end of the time. I believe we have 40 minutes, 20 minutes
equally divided.
Mr. McCONNELL. I say to my friend from North Dakota, I had expected
some speakers as well. So I think we have the same dilemma. I just do
not want to delay the vote, and I assume the Senator from North Dakota
would rather not delay it as well.
Mr. DORGAN. I do not intend to delay the vote. It is fine to have a
quorum call and have it equally divided, but let me ask the courtesy of
the Senator that if we get to the point where we have 6 or 8 minutes
remaining, that I would have the opportunity for a couple of those
minutes so that we could close and have a debate at the end.
Mr. McCONNELL. I ask unanimous consent that notwithstanding the other
consent just asked for, Senator Dorgan have 2 minutes before the vote.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCONNELL. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DORGAN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DORGAN. How much time remains on this side?
The PRESIDING OFFICER. There is 3 minutes 54 seconds.
Mr. DORGAN. Mr. President, I yield 3 minutes to the Senator from
Florida, Mr. Graham.
The PRESIDING OFFICER. The Senator from Florida.
Mr. GRAHAM of Florida. Mr. President, I ask unanimous consent to be
[[Page S13434]]
added as a cosponsor of this amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRAHAM of Florida. Mr. President, for a year, a joint committee
of members of the House and Senate Intelligence Committee carried out
their responsibilities to do a comprehensive review of what happened
before September 11 as it related to the role of the intelligence
community; what happened after September 11, particularly in utilizing
the information that was gathered around that tragic event; and then
what recommendations for some fundamental change that would enhance the
capacity of the intelligence community to reduce the prospect of
another 9/11. That report took over 800 pages. It had some 19
recommendations for action.
After the report was completed, it was submitted to the
administration--primarily the CIA, the FBI, and the White House--for
review as to whether there were any elements of that report that would
be categorized as national security and therefore not for general
public distribution.
The section of the report that received the greatest degree of such
classification, in fact, virtually 100 percent, was the section that
related to the role of foreign governments in the events leading up to
9/11, and then how well our responsible agencies had followed the leads
and tracked the developments and events before 9/11; after 9/11 for
purposes of potential criminal prosecution, for purposes of
understanding why we had these gaps; and what the role of foreign
governments would be; for the purpose of diplomatic or other policies
that might be instituted vis-a-vis countries that were found to have
been cooperative or even complicitous in the actions of the 9/11
terrorists, and then finally to form the recommendations of what
fundamental change should be made.
The consequences of denying to the American people access to that
section of the report are many. No. 1, the American people have been
denied the opportunity to know fully what, in fact, happened. No. 2,
they have been denied the opportunity to hold accountable those
agencies or individuals who were responsible for that inappropriate
action by a foreign government. We have been unable to hold the State
Department accountable for its action vis-a-vis the foreign
governments. Finally, we have taken a substantial amount of the impetus
and sense of urgency out of the recommendations for fundamental reform.
In fact, the Senate has yet to hold a first hearing on the 19
recommendations that we made.
I think it is of the highest order of concern for the American people
that they have access to this information and then they will do with
that information what they believe is appropriate. But ignorance and
secrecy serves no national purpose. I urge the adoption of this
amendment to urge the President to reevaluate the decision to censure
the chapter on the role of foreign governments.
The PRESIDING OFFICER. Who yields time?
Mr. DORGAN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCONNELL. Mr. President, how much time remains on this side?
The PRESIDING OFFICER. There remain 11 minutes 50 seconds.
Mr. McCONNELL. I yield to the distinguished chairman of the
Intelligence Committee however many minutes of the 11 that he so
desires.
Mr. ROBERTS. Mr. President, I rise in opposition to the Dorgan
amendment. I do not think that rule XVI should be waived. The amendment
is not germane.
More important, speaking as chairman of the Senate Intelligence
Committee, I believe this amendment is unwise. I think it will damage
our Nation's efforts in the ongoing war against terrorism.
I, for one, and members of the committee, have read the 28 pages from
the Joint Inquiry Report and have been briefed by the FBI and the CIA.
As a matter of fact, the distinguished Senator from Florida indicated
that we have not even had hearings. That is not correct. We have had
hearings. We had hearings in mid-September as to whether or not it
would be in our national security interest to release the 28 pages.
I would also say to all Members, if they have a keen interest in
this--and I am aware of the legislation, or I am aware of the letter
that went to the President signed by a great many Senators asking for
the 28 pages to be made public--as I said at the time, please come to
the Intelligence Committee and we will provide you the information on
the 28 pages. Some of the very people who are sponsoring amendments
have not read the 28 pages.
I wish they would do so. It is my firm position--firm position--in
order to protect our national security, specifically the methods and
the sources and ongoing investigations, that this so-called redacted
material should not be released to the public. I think it would
endanger lives.
I am not in a position to discuss the specifics in regard to the
urgent pleas and the warnings that were provided to us by the FBI
during this hearing. But I think I can speak for a majority of the
Intelligence Committee who thought this was not a good idea and
certainly would be counterproductive to our national interest.
I might add that one of the statements I heard as I entered the floor
was from the distinguished former chairman of the Intelligence
Committee. He is somebody I admire, whose advice and counsel and
friendship is very important to me. Senator Rockefeller, who is the
distinguished vice chairman of the committee, and I have agreed that we
will hold hearings in the next session of Congress on the
recommendations of the 9/11 Commission. Some I agree with, some I
don't.
We were going to make this year the year of modernization and/or
reform in regard to the intelligence community, but something
interrupted that. It was called a war--the war against global
terrorism. In addition, we were going to make an inquiry as to the
credibility and the timeliness of the intelligence prior to going to
war in Iraq. It is not that we have not wanted to do these things. It
is that the schedule of the committee has been taken up almost
exclusively by those two subjects, plus our weekly threat briefings of
which I know the Senator from Florida is certainly aware.
So we will have hearings on the 9/11 Commission recommendations. We
made that promise to the families of the victims. But if we disclose
the information that compromises the close cooperation we have from our
allies in the war on terrorism, and much better cooperation today than
before then these same allies may choose not to support us in the
future. That is another concern.
Again, from the standpoint of endangering sources, methods, ongoing
investigations, and, yes, lives--and I think I am speaking for a
majority of the Intelligence Committee that has had a hearing on this,
has taken a hard look at it--I strongly urge my colleagues to oppose
this amendment.
I yield the floor.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. McCONNELL. I want to make sure I don't have a misunderstanding
with the Senator from North Dakota. Did he wish to speak right at the
end, before the vote, essentially? My understanding is we are ready to
yield back the time over here.
Mr. President, I yield the remainder of our time on this side and ask
unanimous consent the Senator from North Dakota be given 2 minutes, and
at the end that we proceed to a vote on or in relation to the
amendment.
The PRESIDING OFFICER. Without objection, the Senator from North
Dakota is recognized for 2 minutes.
Mr. DORGAN. Mr. President, I thank the Senator from Kentucky for his
courtesy.
Let me say to my colleague on the Intelligence Committee, the
chairman of the House Permanent Select Committee on Intelligence,
Porter Goss; Senator Shelby of Alabama, the past vice chairman; the
past chairman of the Intelligence Committee here in the Senate, Senator
Graham--all have indicated that at least some of this redacted
classified material should be
[[Page S13435]]
made available. But they have taken that position with no success. I
would expect the two former chairmen of the committees and the vice
chairman would not take that position if they believed it would
compromise intelligence sources and methods.
Let me quote, if I might, Bill Harvey, a member of the Family
Steering Committee for the 9/11 independent commission. He lost his
wife on 9/11. She was killed in the Trade Center. He is pretty critical
of both the White House and Congress.
The White House's refusal to produce the 28 pages is just
one more example of its manipulation of intelligence for
political purposes, but the Congress's reluctance to remedy
the situation by declassifying the redacted information is
equally troubling. The United States of America deserves to
know the true nature of its supposed allies, and the families
of the victims of the September 11 attacks deserve to know
what our Government new about the terrorists that took their
lives.
That is the key. After this commission has completed its work, the
inquiry is complete, and we have knowledge and information about
whether another government provided financial support and other support
to terrorists who attacked this country, do we have a right to know who
that government is, which government it is, and whether that government
still provides support to terrorists who still would like to commit an
act of terrorism against this country and who would like to murder
innocent Americans?
The American people have a right to know what is in that redacted
portion of the report. If there is 5 percent of it, as Senator Shelby
and Senator Graham have suggested, that ought to be withheld, I
understand that. But if the bulk, as they have indicated, ought to be
made available to the American people, I believe it ought to be made
available now.
The PRESIDING OFFICER. Under the previous order, the Senator from
Kentucky is recognized to make a point of order.
Mr. McCONNELL. Mr. President, I make a point of order that the
amendment is not germane under the requirements of rule XVI.
Mr. DORGAN. Mr. President, I move to suspend rule XVI of the standing
rules of the Senate during consideration of H.R. 2800 for the
consideration of amendment No. 2000.
Mr. McCONNELL. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is on agreeing to the motion to suspend rule XVI of the
standing rules of the Senate in relation to amendment No. 2000.
The clerk will call the roll.
The assistant legislative clerk proceeded to called the roll.
Mr. REID. I announce that the Senator from North Carolina (Mr.
Edwards), the Senator from Massachusetts (Mr. Kerry), and the Senator
from Connecticut (Mr. Lieberman) are necessarily absent.
I further announce that, if present and voting, the Senator from
Massachusetts (Mr. Kerry) would vote "yea."
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 43, nays 54, as follows:
[Rollcall Vote No. 415 Leg.]
YEAS--43
Akaka
Baucus
Biden
Bingaman
Boxer
Breaux
Byrd
Cantwell
Carper
Clinton
Conrad
Corzine
Daschle
Dayton
Dodd
Dorgan
Durbin
Feingold
Graham (FL)
Harkin
Hollings
Jeffords
Johnson
Kennedy
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lincoln
McCain
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Sarbanes
Schumer
Specter
Stabenow
Wyden
NAYS--54
Alexander
Allard
Allen
Bayh
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Chafee
Chambliss
Cochran
Coleman
Collins
Cornyn
Craig
Crapo
DeWine
Dole
Domenici
Ensign
Enzi
Feinstein
Fitzgerald
Frist
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Inouye
Kyl
Lott
Lugar
McConnell
Miller
Murkowski
Nickles
Roberts
Rockefeller
Santorum
Sessions
Shelby
Smith
Snowe
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
NOT VOTING--3
Edwards
Kerry
Lieberman
The PRESIDING OFFICER. On this vote, the yeas are 43, the nays are
54. Two-thirds of the Senators voting not having voted in the
affirmative, the motion to suspend rule XVI pursuant to notice
previously given in writing is rejected. The point of order is
sustained and the amendment falls.
____________________
