Congressional Record: July 20, 2004 (Senate)
Page S8491-S8492




  AUTHORIZING DOCUMENT PRODUCTION BY SELECT COMMITTEE ON INTELLIGENCE

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

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

  There being no objection, the Senate proceeded to consider the
resolution.
  Mr. FRIST. Mr. President, the Select Committee on Intelligence
conducted a review in 2001 of United States assistance to Peruvian
counter-drug air interdiction efforts, following the mistaken shootdown
of a civilian aircraft by the Peruvian Air Force in that same year. The
committee prepared a report in which it made factual findings detailing
the shortcomings that led to this tragic incident. The committee report
made a number of recommendations about requirements that should precede
further U.S. assistance to a foreign government engaged in a program of
interdicting drug trafficking aircraft.
  The United States Department of Justice is now conducting an
investigation of the involvement of U.S. government officials in the
Peruvian counter-narcotics air interdiction program, which has been
operating since 1995. During that time the Senate Intelligence
Committee has had oversight

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jurisdiction. As part of that investigation, the Justice Department is
reviewing the testimony and briefings that CIA personnel gave to the
congressional oversight committees, including the Senate Intelligence
Committee, from the inception of the air interdiction program.
  To assist the Justice Department in its investigation, this
resolution would authorize the chair and vice chair, acting jointly, to
provide to the Justice Department, under appropriate security
procedures, committee hearing transcripts and other committee records
pertinent to its oversight of the Peruvian counter-narcotics air
interdiction program.
  Mr. FRIST. Mr. President, I ask unanimous consent that the resolution
be agreed to, the preamble be agreed to, the motion to reconsider be
laid upon the table, and that any statements relating to this matter be
printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
  The resolution (S. Res. 411) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 411

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

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