February 2, 2004 CONGRESSIONAL RECORD — SENATE S371 former nuclear weapons program workers in cataloging the many memorials and from Iowa (Mr. HARKIN), the Senator the Special Exposure Cohort under the com- permanent tributes to America’s vet- from Michigan (Mr. LEVIN), the Sen- pensation program established by that Act; erans. ator from North Dakota (Mr. DORGAN), to the Committee on Health, Education, the Senator from Pennsylvania (Mr. Labor, and Pensions. S. 1109 At the request of Mr. TALENT, the SANTORUM), the Senator from New Jer- f name of the Senator from Colorado sey (Mr. CORZINE), the Senator from SUBMISSION OF CONCURRENT AND (Mr. CAMPBELL) was added as a cospon- Oregon (Mr. SMITH), the Senator from SENATE RESOLUTIONS sor of S. 1109, a bill to provide New Hampshire (Mr. SUNUNU), the Sen- ator from Vermont (Mr. JEFFORDS) and The following concurrent resolutions $50,000,000,000 in new transportation in- frastructure funding through Federal the Senator from South Dakota (Mr. and Senate resolutions were read, and JOHNSON) were added as cosponsors of referred (or acted upon), as indicated: bonding to empower States and local governments to complete significant S. 1786, a bill to revise and extend the By Mr. KENNEDY (for himself, Mr. infrastructure projects across all Community Services Block Grant Act, KERRY, Mr. REED, and Mr. CHAFEE): the Low-Income Home Energy Assist- S. Res. 295. A resolution congratulating the modes of transportation, including roads, rail, transit, aviation, and ance Act of 1981, and the Assets for New England Patriots on their victory in Independence Act. Super Bowl XXXVIII; considered and agreed water, and for other purposes. S. 1813 to. S. 1245 At the request of Mr. LEAHY, the At the request of Ms. COLLINS, the f names of the Senator from Louisiana name of the Senator from Connecticut (Ms. LANDRIEU), the Senator from ADDITIONAL COSPONSORS (Mr. DODD) was added as a cosponsor of North Carolina (Mr. EDWARDS) and the S. 700 S. 1245, a bill to provide for homeland Senator from South Dakota (Mr. JOHN- At the request of Mr. CAMPBELL, the security grant coordination and sim- SON) were added as cosponsors of S. name of the Senator from Mississippi plification, and for other purposes. 1813, a bill to prohibit profiteering and (Mr. COCHRAN) was added as a cospon- S. 1298 fraud relating to military action, re- sor of S. 700, a bill to provide for the At the request of Mr. AKAKA, the lief, and reconstruction efforts in Iraq, promotion of democracy, human name of the Senator from Rhode Island and for other purposes. rights, and rule of law in the Republic (Mr. REED) was added as a cosponsor of S. 1949 of Belarus and for the consolidation S. 1298, a bill to amend the Farm Secu- At the request of Mr. BIDEN, the and strengthening of Belarus sov- rity and Rural Investment Act of 2002 names of the Senator from Indiana ereignty and independence. to ensure the humane slaughter of non- (Mr. LUGAR) and the Senator from Mas- S. 741 ambulatory livestock, and for other sachusetts (Mr. KENNEDY) were added At the request of Mr. GREGG, the purposes. as cosponsors of S. 1949, a bill to estab- name of the Senator from Illinois (Mr. S. 1630 lish The Return of Talent Program to DURBIN) was added as a cosponsor of S. At the request of Mrs. CLINTON, the allow aliens who are legally present in 741, a bill to amend the Federal Food, name of the Senator from Minnesota the United States to return tempo- Drug, and Cosmetic Act with regard to (Mr. DAYTON) was added as a cosponsor rarily to the country of citizenship of new animal drugs, and for other pur- of S. 1630, a bill to facilitate nation- the alien if that country is engaged in poses. wide availability of 2–1–1 telephone post-conflict reconstruction, and for S. 874 service for information and referral other purposes. At the request of Mr. TALENT, the services, and for other purposes. S. 1999 name of the Senator from Maryland At the request of Mrs. DOLE, the At the request of Mr. DASCHLE, the (Ms. MIKULSKI) was added as a cospon- names of the Senator from Ohio (Mr. names of the Senator from Wisconsin sor of S. 874, a bill to amend title XIX DEWINE) and the Senator from Maine (Mr. FEINGOLD) and the Senator from of the Social Security Act to include (Ms. SNOWE) were added as cosponsors Delaware (Mr. CARPER) were added as primary and secondary preventative of S. 1630, supra. cosponsors of S. 1999, a bill to amend medical strategies for children and S. 1709 part D of title XVIII of the Social Se- adults with Sickle Cell Disease as med- At the request of Mr. CRAIG, the curity Act, as added by the Medicare ical assistance under the medicaid pro- name of the Senator from Connecticut Prescription Drug, Improvement, and gram, and for other purposes. (Mr. DODD) was added as a cosponsor of Modernization Act of 2003, to provide for negotiation of fair prices for medi- S. 894 S. 1709, a bill to amend the USA PA- care prescription drugs. At the request of Mrs. MURRAY, her TRIOT ACT to place reasonable limita- name was added as a cosponsor of S. tions on the use of surveillance and the S. RES. 170 894, a bill to require the Secretary of issuance of search warrants, and for At the request of Mr. DODD, the name of the Senator from New York (Mr. the Treasury to mint coins in com- other purposes. SCHUMER) was added as a cosponsor of memoration of the 230th Anniversary S. 1733 S. Res. 170, a resolution designating of the United States Marine Corps, and At the request of Mr. KOHL, the name the years 2004 and 2005 as ‘‘Years of to support construction of the Marine of the Senator from Delaware (Mr. Foreign Language Study’’. Corps Heritage Center. CARPER) was added as a cosponsor of S. S. RES. 292 S. 976 1733, a bill to authorize the Attorney At the request of Mr. FEINGOLD, his General to award grants to States to At the request of Mr. WARNER, the name was added as a cosponsor of S. develop and implement State court in- names of the Senator from Pennsyl- Res. 292, a resolution designating the terpreter programs. vania (Mr. SANTORUM), the Senator week beginning February 2, 2004, as from Connecticut (Mr. DODD), the Sen- S. 1784 ‘‘National School Counseling Week’’. ator from Oregon (Mr. WYDEN) and the At the request of Mrs. FEINSTEIN, the f Senator from Florida (Mr. NELSON) name of the Senator from South Da- were added as cosponsors of S. 976, a kota (Mr. JOHNSON) was added as a co- STATEMENTS ON INTRODUCED bill to provide for the issuance of a sponsor of S. 1784, a bill to eliminate BILLS AND JOINT RESOLUTIONS coin to commemorate the 400th anni- the safe-harbor exception for certain By Mr. DASCHLE (for Mr. LIE- versary of the Jamestown settlement. packaged pseudoephedrine products BERMAN (for himself, Mr. S. 1092 used in the manufacture of meth- MCCAIN, Mr. DASCHLE, Mr. DOR- At the request of Mr. CAMPBELL, the amphetamine. GAN, Mr. LAUTENBERG, Mr. name of the Senator from Alaska (Mr. S. 1786 CORZINE, Mr. GRAHAM of Flor- STEVENS) was added as a cosponsor of At the request of Mr. ALEXANDER, the ida, Mr. DURBIN, Mr. DODD, Ms. S. 1092, a bill to authorize the estab- names of the Senator from New York COLLINS, Mr. LOTT, Mr. GRAHAM lishment of a national database for (Mrs. CLINTON), the Senator from of South Carolina, and Mr. purposes of identifying, locating, and Vermont (Mr. LEAHY), the Senator HAGEL)):

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S372 CONGRESSIONAL RECORD — SENATE February 2, 2004 S. 2040. A bill to extend the date for may be an inadequate amount of time the relevant federal agencies have a the submittal of the final report of the to accomplish all that must be done. duty to develop new strategies and ca- National Commission on Terrorist At- They have called for a seven-and-a-half pabilities to deter and prevent future tacks Upon the United States, to pro- month extension so the Commission terrorist attacks, and expeditious re- vide additional funding for the Com- can conduct all the public hearings it porting by the Commission will help mission, and for other purposes; to the had originally intended to hold, so that enormously. Select Committee on Intelligence. it can conduct thorough reviews of the Major systemic problems have al- (At the request of Mr. DASCHLE, the President’s daily intelligence brief- ready surfaced, for example, that can following statement was ordered to be ings—a process barely underway—and point us in the right direction, or printed in the RECORD.) so that it has the time to deal with the maybe even an entirely new direction, Mr. LIEBERMAN. Mr. President, Administration’s anticipated objec- to address an array of vulnerabilities, today Senator MCCAIN and I are intro- tions to declassifying material in the particularly in our law enforcement ducing legislation to extend the life of final report. Indeed, the Commissioners and intelligence communities. Allow the National Commission on Terrorist I asked have confirmed that they can me to cite just a few examples from the Attacks Upon the United States so benefit from more than the minimum Commission’s work thus far to illus- that it can complete its critically im- two months requested. trate how many hands we will need, la- portant investigation into the causes I have therefore been convinced by boring in unison, to patch the breaches of the September 11th terrorist at- the families and the Commissioners that remain in America’s domestic se- tacks, which claimed the lives of near- that the extra time is necessary. But I curity: ly 3,000 innocent people. would also warn the Administration 1. An immigration official at Orlando Under legislation Senator MCCAIN that this extension is not an excuse to International Airport, Mr. Melendez- and I authored in December 2001 to cre- engage in additional dilatory tactics. Perez, testified that on August 4, 2001, ate the Commission, its final report I add this warning because the Bush he turned away and sent home a sus- was to have been completed by May 27, Administration has a long record of op- picious, unresponsive, and belligerent 2004. The Commission itself has asked posing this Commission and an equally Saudi national holding a one-way tick- for more time. So we are now proposing long record of making its work more et with no departure plans and insuffi- to extend that deadline until January difficult. Ever since Senator MCCAIN cient funds to stay in the U.S. and pur- 10, 2005 and to provide an additional $6 and I first joined forces on this issue, chase a ticket home. This individual million for the Commission to com- we have faced White House intran- claimed that he was to meet a friend at plete its work. Senator MCCAIN and I sigence. The President opposed the the airport but would not name the are grateful to the Minority Leader, Commission for 10 months until the eve friend. It turned out that one of the 9/ Senator DASCHLE, for joining us in this of a Senate vote he knew he would lose. 11 hijackers, Mohamed Atta, was at the effort. We are also happy to have the During final negotiations over the de- airport on that day. Amazingly, nei- support of Senators DORGAN, LAUTEN- tails of the legislation, the White ther the FBI nor anyone else from the BERG, CORZINE, GRAHAM, DURBIN, and House negotiated to keep the Commis- intelligence community has ever de- DODD. In the House, Representatives sion’s duration as short as possible, briefed Mr. Melendez-Perez, even FOSSELLA, SHAYS, HINCHEY and EMAN- rather than give it ample time to do a though the immigration inspector in- UEL are expected to introduce com- thorough job. formed the FBI of the incident imme- panion legislation this week, and we Once the Commission got underway, diately after the 9/11 terrorist attacks. welcome their support as well. the Administration hampered the Com- 2. The excellent performance of Mr. We want the Commission’s final re- mission’s progress through slow docu- Melendez-Perez demonstrated that a port to be as searching and complete as ment production and other stalling vigilant and well-trained officer can possible. We owe that to the memories tactics, limiting the Commission’s spot suspicious behavior in the course of the 3,000 victims and their families. ability to proceed expeditiously with of a routine interview. But the Com- And we owe it to the Nation as a whole. its investigation. Even now, the Ad- mission’s hearings and reports also re- In fact, our future security depends ministration is refusing to give the full vealed how infrequently that occurs. upon it. Commission notes, taken by members Government officials admitted in pub- George Washington once said we of the Commission, that describe key lic testimony that consular employees should look back ‘‘to derive useful les- White House documents. When one con- are not expected to screen for possible sons from past errors, and for the pur- siders the obstacles generated by the terrorists during interviews of visa ap- pose of profiting by dear-bought experi- White House, it is not in the least bit plicants, nor are they trained to do so. ence.’’ That is the precise mission of surprising that the Commission now The Commission discovered that many this Commission to better understand needs additional time to finish the job. of the hijackers had passports that what went wrong so we can prevent I would note, however, that this ex- were fraudulently altered or had other such a catastrophic attack from ever tension does not preclude the Commis- suspicious indicators, but between 1992 happening again. The Commission sim- sion from releasing interim reports, as and September 11, 2001, the federal gov- ply needs more time to do that. the original legislation establishing ernment had not attempted to dissemi- From the beginning, Senator MCCAIN the Commission allows. Furthermore, nate, to border security or other rel- and I have been motivated by the expe- the Commission is free to release its evant employees, available information rience of the families of victims of Sep- final report before the deadline, if it about the travel and passport practices tember 11. Above and beyond the grief has completed its work. The Commis- of Al Qaeda or other terrorist groups. of their losses, they have endured ter- sion’s hearings, questioning of wit- All of the hijackers’ visa applications rible pain in not knowing the whole ac- nesses, factual findings, and staff re- were incomplete, and several contained count of how something so horrific port issued last week proved exception- false statements that were easily iden- could have happened to them and those ally valuable in shedding light on some tifiable. The hijackers entered the they loved. It was a tribute to the of the causes of the terrorist attacks. United States, often more than once, power of the families’ message that our Future hearings and staff reports, no without incident, despite the fact that legislation creating the Commission doubt, will continue to provide impor- several of them had violated immigra- passed the Senate on September 24, tant new information about weak- tion law. Hijackers referred to sec- 2002, by a resounding vote of 90–8. And nesses in our defenses against ter- ondary inspections for more detailed it is a tribute to the enduring power of rorism. scrutiny were nevertheless admitted. their message that Senator MCCAIN Therefore, we encourage the Commis- 3. New information has been revealed and I are seeking this extension. sion to continue to release its findings about the abundant knowledge the in- Last week, the Commission asked and recommendations as they become telligence community had about three Congress for at least an additional 60 available, so that we can learn from of the 19 hijackers, who held a strategy days to finalize its interviews, hear- the mistakes of our past as quickly as session in Malaysia and were exten- ings, and report. The families, however, possible, and work harder to shore up sively tracked by U.S. and foreign in- expressed concern that two months existing vulnerabilities. Congress and telligence services. The story fleshed

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S373 out by the Commission underscores the SECTION 1. EXTENSION OF NATIONAL COMMIS- Democratic and Republican, Congress fact that not only did the government SION ON TERRORIST ATTACKS UPON and the White House—would quickly THE UNITED STATES. fail to share information that might (a) EXTENSION.—Section 610(b) of the Intel- agree to provide the commission what- have kept the terrorists out of the ligence Authorization Act for Fiscal Year ever it needs. country, but they also failed to share 2003 (Public Law 107–306; 6 U.S.C. 101 note; 116 Unfortunately, in the days imme- information that might have exposed Stat. 2413) is amended by striking ‘‘18 diately after the commissioners made the terrorists’ September 11th plot. months after the date of the enactment of their request, it became evident some That is why I have focused personal at- this Act’’ and inserting ‘‘January 10, 2005’’. parties may not believe the commis- (b) ADDITIONAL FUNDING.—Section 611 of tention on the Terrorist Threat Inte- that Act (6 U.S.C. 101 note; 116 Stat. 2413) is sion should be provided the time it gration Center and the Directorate for amended— needs to do what is required by law. Information Analysis and Infrastruc- (1) by redesignating subsection (b) as sub- Quoting from the New York Times on ture Protection at DHS to make sure section (c); January 28: that these new centers are receiving all (2) by inserting after subsection (a) the fol- The White House and Republican congres- intelligence information, mixing it to- lowing new subsection (b): sional leaders have said they see no need to gether with skilled and intense anal- ‘‘(b) ADDITIONAL FUNDING FROM THE NA- extend the congressionally mandated dead- ysis, and warning the relevant state, TIONAL FOREIGN INTELLIGENCE PROGRAM.—In line . . . and a spokesperson for Speaker J. addition to the amounts made available to local, and federal officials of emerging Dennis Hastert said . . . Mr. Hastert would the Commission under subsection (a), of the oppose any legislation to grant the exten- terrorist plots. amounts authorized to be appropriated by 4. All the evidence that consolidated sion. the Intelligence Authorization Act for Fiscal As unsettling as this position is, in watch lists might have prevented entry Year 2004 (Public Law 108–177) and available to some of the terrorists notwith- in the Department of Defense Appropriations hindsight, it should not be surprising standing, the watch lists still haven’t Act, 2004 (Public Law 108–87) for the National to those who have followed the history been consolidated despite numerous Foreign Intelligence Program, not more than of this commission. In the months im- Administration promises to do so. The $6,000,000 shall be available for transfer to mediately after the tragic events of Commission learned from the Federal the Commission for purposes of the activities September 11, 2001, President Bush and of the Commission under this title.’’; and Aviation Administration that, prior to Vice President CHENEY personally ap- (3) in subsection (c), as so redesignated, by pealed to me and to other Members of September 11th, the no-fly list created striking ‘‘subsection (a)’’ and inserting ‘‘this for the airlines had only 12–20 names on section’’. Congress not to establish a bipartisan blue ribbon commission. it, whereas the terrorist watch list at Mr. DASCHLE. Mr. President, the the State Department had tens of thou- Vice President CHENEY suggested to Democratic and Republican commis- me that creating such an effort could sands of terrorists’ names. We also sioners on the blue ribbon commission learned that the no-fly list and the detract from administration officials’ investigating the September 11, 2001 efforts to get the terrorists responsible. larger terrorist watch list are still not terrorist attacks reached an important equal in numbers and that there are Fortunately, neither the families of and bipartisan decision. They decided the victims of 9/11 nor the American still terrorists on the larger list who they needed more time—more time to might be permitted to fly if they evade people accepted this argument. They get access to the documents and people understood, and properly in my view, other detection. that can help us understand what hap- These disclosures demonstrate the that an independent investigation pened on that fateful day; more time to Commission is accomplishing its as- would enhance our efforts on the war analyze this information so they can signment, and so it must be allowed to on terror. help us identify which corrective meas- complete its investigation. I am cer- Far from endangering national secu- ures are needed to reduce the prospects tain the Commission will use the extra rity, an inquiry could actually help us for future 9/11s; in short, more time to months wisely to complete a thorough pinpoint and correct flaws in our secu- do what they are required to do by law. investigation, continue its public hear- rity and intelligence communities and I come to the floor today to talk ings, interview all relevant government identify the necessary corrective meas- briefly about my views on this commis- officials and complete a comprehensive ures. sion and its work, and to explain why I final report for release as soon as pos- Despite the fact that the idea of a have joined with Senators MCCAIN and sible. commission enjoyed the overwhelming It is a basic American principle that LIEBERMAN to offer legislation to give support of the families of the victims we must learn from the past in order to the commission the time needed to and of the American people, the admin- secure a better future. Our ability to complete its task and provide the fami- istration, and the House Republican counter, prevent, and defend against lies of the victims of 9/11 and all Ameri- leadership persisted in their efforts to the next terrorist attack on our home- cans with a complete and thorough re- see that this idea never took flight—in land depends in no small part on the port. some instances, at the same time they Commission’s ability to bring satisfac- The importance of this commission’s were publicly professing their support tory closure to its work. If we only work cannot be overstated. This inde- for the commission. give the Commission the time, re- pendent commission represents the last For example, on the same day the sources, and cooperation it deserves, and perhaps best hope for our Nation to White House spokesperson indicated the Commission’s full, fair, and un- understand how 19 individuals were President Bush supported the idea of a flinching assessment of what went able to execute the most deadly ter- commission, his negotiators were on wrong will be of immediate value to rorist attack on American soil in this Capitol Hill vetoing a congressional our national security. And it will be of Nation’s long history. agreement to establish one. lasting value to the American people, How did these terrorists get into this In October of 2002, the House and who will finally discover the unvar- country? What is the source of funding Senate Intelligence Committees an- nished truth. they used to carry out these activities? nounced they had reached a deal to in- I urge the Senate to approve this leg- How did the hijackers get themselves, clude language to establish the com- islation in a timely manner so that the and apparently knives and mace, past mission in the intelligence authoriza- victims’ families and the rest of Amer- airport security? How were they able tion bill. The next day, the deal col- ica may have some measure of peace. to hijack four aircraft and drive them lapsed and negotiators involved laid I ask unanimous consent that the to such a deadly end? Why could our the blame at the doorstep of the White text of the bill be printed in the intelligence community and policy- House and the House Republican lead- RECORD. makers not do more to prevent these ership. There being no objection, the bill was heinous acts? What can the Govern- According to the Washington Post, a ordered to be printed in the RECORD, as ment and individual citizens do in the senior Republican Senator said: follows: future to prevent similar attacks? The House Republican leadership weighed S. 2040 These are but some of the difficult in against [the deal] and the deal collapsed. Be it enacted by the Senate and House of Rep- questions the commission has to ad- . . . It is no secret that the White House resentatives of the United States of America in dress. Given the importance of their works through the House Republican leader- Congress assembled, task, one would think that all parties— ship.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S374 CONGRESSIONAL RECORD — SENATE February 2, 2004 Again, the families of the victims mission, wisely in my view, to request stowing this honor upon this great and supporters of the commission were additional time. All of these reasons American. not deterred. In fact, this commission led me to join the families of the vic- would not exist were it not for the tims, as well as Senators MCCAIN and By Mrs. BOXER: dedicated efforts of the families of the LIEBERMAN, to conclude we must do ev- S. 2045. A bill to amend the Help victims. They pressed on, and in No- erything possible to meet their re- America Vote Act of 2002 to require a vember of 2002, they prevailed. quests. voter-verified permanent record or Congress passed the legislation cre- I hope those who have opposed the hardcopy under title III of such Act, ating the commission and the Presi- commission and its work in the past and for other purposes; to the Com- dent signed it into law. The commis- will step aside. I hope they will allow mittee on Rules and Administration. sion was given until May of 2004 to do us to provide the commission with the Mrs. BOXER. Mr. President, today I its work. We all knew at the time that time it needs to give the families and am introducing the Secure and this deadline was both arbitrary and America the report it deserves. Verifiable Electronic Voting Act of highly ambitious, given the scope of 2004. the work involved. Subsequent actions By Mr. SPECTER (for himself The 2000 presidential election ex- would make meeting this deadline im- and Mr. SANTORUM): posed a number of serious problems possible. S. 2043. A bill to designate a Federal with the accuracy and fairness of elec- The commission was immediately building in Harrisburg, Pennsylvania, tion procedures in this country, as well embroiled in controversy over the se- as the ‘‘Ronald Reagan Federal Build- as the reliability of certain types of lection and subsequent resignation of ing’’; to the Committee on Environ- voting technology. As a result of these Henry Kissinger, who the President se- ment and Public Works. irregularities, many eligible voters lected to chair its work. But the obsta- Mr. SPECTER. Mr. President, I have were effectively disenfranchised and cles placed in front of this commission sought recognition to introduce legis- thus deprived of one of their most fun- were just the beginning. In light of the lation, along with Senator SANTORUM, damental rights. This is not acceptable sensitive nature of much of the infor- to honor former President Ronald in a democracy such as ours. mation the commission would be exam- Reagan by naming the Federal Build- Our constituents demanded better ining, getting the commission high- ing and Courthouse in Harrisburg, PA, and we responded. level security clearances was the first in his name. In 2002, Congress passed the Help priority. President Ronald Reagan was a wa- America Vote Act (HAVA). This impor- However, for a variety of reasons, a tershed force in 20th Century history. tant legislation sets Federal minimum process that could have taken weeks He was a master diplomat and states- standards for voting systems, including stretched into months, thereby pre- man, largely responsible for winning requiring that the equipment used is venting the commissioners from exam- the Cold War. His summits with former reliable, accurate, and accessible to all. ining numerous important documents. Soviet leader Mikhail Gorbachev were It encourages the use of direct record- Then came open resistance from the tours de force of negotiation and ing electronic voting systems to re- Bush administration to commission re- stagecraft. He was called ‘‘the great place the outdated punch card and quests for access to documents and in- communicator’’ for good reason. He lever machines. It also requires that dividuals the commissioners deemed conveyed his message with power and voting systems provide voters the op- vital to their inquiry. The commission precision, often convincing even his portunity to correct errors and that quickly became bogged down in nego- staunchest opponents to see things his they produce a permanent record with tiations over which documents and in- way. His talents and his touch helped a manual audit capacity. dividuals it would have access to and rally a Democrat-controlled Congress However, HAVA does not go far under what terms and conditions. to support much of his legislative agen- enough. As we move our voting sys- Many agencies flat out refused to da, including bold fiscal reforms— tems into the 21st century, we need to provide access. Others insisted the ad- defying conventional wisdom that pre- ensure the greatest level of account- ministration minders be present when dicted more partisan stalemate. He ran ability possible. Voters need to have the commission questioned Govern- for President on the slogan ‘‘Morning confidence in the technology that ment employees. in America’’—and delivered. they’re using, and they need to be as- The commission was forced to resort President Reagan also took bold sured that their votes will be counted to subpoenas to obtain information steps on the social front. By transfer- exactly as they are cast. It is impera- from several Federal agencies, and ring power from Washington to the tive that any voting system certified press reports is actively considering States and cities, he showed that local by the Federal Government provides issuing others. governments can be laboratories for a these assurances. As recently as this past week, it was wide range of public-policy experi- In my home State of California, we reported that the administration is ments—with greater flexibility and are already using touch-screen voting still placing roadblocks in front of the sensitivity. The approach was in line machines in some areas—28 percent of commission’s vital work. Over the with his general push from big govern- the precincts by the March primary. weekend, it was disclosed that the ment toward individual liberty. But, these machines currently do not White House is refusing to allow the To some, Ronald Reagan’s greatest leave any paper trail and cannot be commission access to notes its own legacy was strengthening our national verified for complete accuracy. We members have taken on briefings re- defense. The Berlin Wall toppled, it need an electronic voting system that ceived by the President. seemed, directly from his call, ‘‘Mr. is modern, secure, and verifiable. The As a result of the administration’s Gorbachev, Tear Down This Wall!’’ The State of California is taking these repeated failure to cooperate fully and invasion of Grenada rescued American steps. Secretary of State Kevin Shelley immediately with the commission and students and resulted in the overthrow has required the use of voter-verified its important work, it has become in- of a Marxist government. His vision for paper audit trails and safety measures, creasingly clear that it cannot fulfill a national missile defense system is such as manufacturer security, local the immense task placed before it and leading to greater security for all of us. testing of machines, and random audits comply with the deadline imposed on President Reagan showed courage of system software. These practices it. and charisma, even in crisis. As he was need to be in place nationwide. In order to meet this deadline, com- about to undergo surgery to remove a My bill, the Secure and Verifiable missioners tell us they would have to bullet that lay an inch from his heart, Electronic Voting Act—the SAVE Vot- cut corners. Scheduled hearings would he told his wife, ‘‘Honey, I forgot to ing Act would require that a voter- have to be canceled. Interviews with duck.’’ The next morning, the Presi- verified paper trail for each vote cast key officials would have to be dent met with aides in his hospital be in place for the November 2004 elec- scrapped. Time to analyze their infor- room and signed a bill into law. tions. What that means is this: after an mation and write their report would be For these reasons and many more, I individual votes, he or she will have short. All of these reasons led the com- urge my colleagues to join us in be- the opportunity to review the vote on a

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S375 piece of paper, before it becomes part 111 Spreader Canal Project is just one ignating the existing SEC sites, the of the official record. If there is a dis- of the 60 component projects of CERP. EEOICPA set up a process to add addi- crepancy, the voter will have an oppor- The C–111 project will provide impor- tional sites to the SEC list provided tunity to change his or her vote before tant environmental benefits to the those sites meet certain criteria. it is recorded in the official record. Southern Glades and Model Lands and A Special Exposure Cohort (SEC) is This paper record will then be the offi- more natural sheet flow to Florida Bay comprised of a group of employees with cial permanent record used for any re- while maintaining flood protection for specific cancers who worked at four count or verification. surrounding agricultural and urban specific nuclear facilities or partici- The SAVE Voting Act would also cre- areas. pated in certain nuclear weapons tests, ate greater security standards by mak- I am also pleased to report that Con- and who met other requirements under ing sure that access to the software is gressman MARIO DIAZ-BALART, who rep- the EEOICPA. An SEC designation limited to approved personnel who resents the relevant congressional dis- would provide former workers at these have had background checks. It would trict, and Congressman JIM DAVIS will sites or their survivors with expedited require that any software used is not introduce a companion bill in the compensation as opposed to requiring transmitted over the Internet, that the House of Representatives. these workers to participate in the Election Assistance Commission cer- 2004 marks the beginning of the long, complex and cumbersome bureau- tifies any and all software used in vot- fourth year of CERP implementation cratic process known as dose recon- ing systems, and that the certified code and Everglades restoration. We have struction. be made available to the public for re- been hard at work getting through According to the National Institute view. These security measures help to phase one—the planning and organiza- of Occupational Safety and Health ensure, up front, that the electronic tional phase of such an historic and (NIOSH), there are two key statutory voting systems we use are safeguarded. monumental restoration project. We determinations required for adding a The SAVE Voting Act would ensure have now entered into phase two— class of employees to the SEC. The that a permanent paper record is truly, building the projects that will deliver first requirement is that it is not fea- a permanent paper record by banning water to the Everglades and revive the sible to estimate with sufficient accu- the use of thermal paper. Thermal dying ecosystem. As we continue to racy the radiation dose that the class paper has many flaws, including the make progress on what has always of employees received. The second re- potential to fade or receive unintended been a bipartisan and bicameral quirement is that there is a reasonable marks, making the vote illegible. project, I want to thank my colleagues likelihood that such a radiation dose Finally, recognizing the current for their support for the restoration of may have endangered the members of cashed-strapped plight of the States, America’s Everglades. I look forward this class. After extensive research, my legislation would provide imme- to our continued work together to which included several briefings with diate financial assistance to States to bring the River of Grass back to its NIOSH, the Department of Energy, help cover the cost of adding printers former glory as the crown jewel of the independent experts and former to electronic voting systems. national parks system. Mallinkrodt workers, I believe that In a democracy, the vote of every cit- there is strong evidence indicating that izen counts. We must make sure that By Mr. BOND: both statutory requirements for the every citizen’s vote is counted—and S. 2047. A bill to amend the Energy SEC have been met with regard to the counted accurately and fairly so that Employees Occupational Illness Com- Mallinkrodt Sites. the American people have confidence pensation Program Act of 2000 to in- In mid 2001, the Department of En- in the results. HAVA was a good first clude certain former nuclear weapons ergy (DOE) released a report indicating step. The SAVE Voting Act is the next program workers in the Special Expo- for the first time that the highly radio- step, and I encourage my colleagues to sure Cohort under the compensation active material plutonium was proc- join me in this effort. program established by that Act; to essed at the Weldon Springs Site. The the Committee on Health, Education, report also stated that recycled ura- By Mr. GRAHAM of Florida (for Labor, and Pensions. nium, another highly radioactive ma- himself and Mr. NELSON of Flor- Mr. BOND. Mr. President, I rise terial, was processed at the site. Fur- ida): today to introduce legislation that will thermore, in its recently completed S. 2046. A bill to authorize the ex- designate the former Mallinkrodt Nu- site profile for the St. Louis Downtown change of certain land in Everglades clear Production Facilities in Missouri Site, NIOSH admits that they have vir- National Park; to the Committee on as a Special Exposure Cohort (SEC) tually no records or monitoring data Energy and Natural Resources. under the Energy Employees Occupa- on the workers at the site prior to 1948. Mr. GRAHAM. Mr. President, I rise tional Illness Compensation Program NIOSH also stated that this could be a today to introduce a bill with my col- Act (EEOICPA) of 2000. These facilities, problem in calculating individual dose, league from Florida, Senator NELSON. which handled and processed highly ra- thus requiring some assumptions to be Our bill is non-controversial and will dioactive materials during the Cold made. allow the Department of the Interior War, are located in Downtown St. Both of the aforementioned issues, and the South Florida Water Manage- Louis, Weldon Springs in St. Charles the presence of plutonium and the loss ment District to perform a land ex- County, and Hematite in Jefferson or destruction of individual monitoring change for the purpose of constructing County, MO respectively. records were reasons for writing the the C–111 Spreader Canal Project under Energy workers at these sites han- four existing SEC sites into the origi- the Comprehensive Everglades Res- dled and processed highly radioactive nal EEOICPA. toration Plan, known as CERP. Both materials during the Cold War as part In addition to these issues, long the Department of the Interior and the of the Manhattan Project and our na- sought after documents from the State of Florida have approved the lan- tion’s ongoing Atomic Weapons Pro- former Chief Safety Officer for the guage of the bill, and Senator NELSON gram. The St. Louis Downtown or Atomic Energy Commission (AEC) dur- and I hope to expedite passage of the ‘‘Destrahan’’ Site operated from 1942 ing the time described the Mallinkrodt bill through the Energy and Natural through 1958. From there, operations St. Louis facility as one of the two Resources Committee and the full Sen- and most Mallinkrodt workers were worst plants with respect to worker ex- ate. moved out to the Weldon Springs Fa- posures. Workers at this plant were ex- CERP, which was authorized in the cility which operated until 1958. After posed to excessive levels of airborne Water Resources Development Act of that, work continued at the Hematite uranium dust relative to the standards 2000, is the framework that guides our Facility in Jefferson County until 1969. in effect during the time, and many efforts to restore America’s Ever- This legislation would add these fa- workers were exposed to as much as 200 glades. It consists of over 60 major cilities to the four existing Special Ex- times the preferred levels of exposure. projects that will restore Everglades posure Cohort (SEC) Sites across the NIOSH confirmed these intense levels National Park and other areas of the country, which were written into the at a recent presentation on the greater Everglades ecosystem. The C– original EEOICPA. In addition to des- Mallinkrodt-St. Louis Site Profile

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S376 CONGRESSIONAL RECORD — SENATE February 2, 2004 when it described the operations at airborne uranium dust relative to the stand- of the Department of Energy in effect on the this plant as a ‘‘messy’’ or ‘‘dirty’’ op- ards in effect during the time, and many date of enactment of this subparagraph eration in terms of levels of radio- workers were exposed to 200 times the pre- through the use of dosimetry badges for nuclides present. ferred levels of exposure; monitoring external radiation exposures, or (3)(A) the chief safety officer for the Atom- bioassays, in vivo monitoring, or breath Finally, NIOSH has informed claim- ic Energy Commission during the samples for internal radiation exposures, at ants who worked at these sites or their Mallinkrodt-St. Louis operations described a facility.’’. survivors that if they are not inter- the facility as 1 of the 2 worst plants with re- f viewed as a part of the dose reconstruc- spect to worker exposures; tion process, it would ‘‘hinder’’ (B) workers were excreting in excess of a SUBMITTED RESOLUTIONS NIOSH’s ability to conduct dose recon- milligram of uranium per day causing kid- struction for the claimant and may re- ney damage; and (C) a recent epidemiological study found SENATE RESOLUTION 295—CON- sult in a dose reconstruction that ‘‘in- excess levels of nephritis and kidney cancer GRATULATING THE NEW ENG- completely or inaccurately’’ estimates from inhalation of uranium dusts; LAND PATRIOTS ON THEIR VIC- the radiation dose to which the energy (4) the Department of Energy has admitted TORY IN SUPER BOWL XXXVIII employee named in the claim was ex- that those workers were subjected to risks posed. So NIOSH is basically saying and had their health endangered as a result Mr. KENNEDY (for himself, Mr. that they are relying on a former of working with these highly radioactive ma- KERRY, Mr. REED, and Mr. CHAFEE) sub- worker’s memory or any information a terials; mitted the following resolution; which (5) the Department of Energy reported that was considered and agreed to: survivor might have. What if the workers at the Weldon Springs feed mate- S. RES. 295 former worker cannot remember what rials plant handled plutonium and recycled he was exposed to or was never told? uranium, which are highly radioactive; Whereas, on Sunday, February 1, Adam What if the survivor has no idea as to (6) the National Institute of Occupational Vinatieri of the New England Patriots what materials the claimant might Safety and Health admits that— kicked the winning field goal with seven sec- (A) the operations at the St. Louis down- onds remaining in the game to defeat the have been exposed? Keep in mind. Most Carolina Panthers by the score of 32–29 in of this happened anywhere from 40–60 town site consisted of intense periods of processing extremely high levels of radio Super Bowl XXXVIII in Houston, Texas; years ago. nuclides; and Whereas this victory is the second Super All of the previously mentioned (B) the Institute has virtually no personal Bowl championship won by the Patriots in points are evidence that the health of monitoring data for workers prior to 1948; the past three years; these workers was endangered and that (7) the National Institute of Occupational Whereas quarterback Tom Brady led the an accurate dose reconstruction is not Safety and Health has informed claimants Patriots to victory in both those years, and was named Super Bowl Most Valuable Player feasible. Therefore, I believe that the and their survivors at those 3 sites that if they are not interviewed as a part of the in both years; Mallinkrodt sites in Missouri should be Whereas both of the Super Bowl victories dose reconstruction process, it— designated as a Special Exposure Co- were earned by the Patriots in the final sec- (A) would hinder the ability of the Insti- onds of the game on a field goal by Mr. hort. tute to conduct dose reconstruction for the To make matters even worse, the De- claimant; and Vinatieri; Whereas the Patriots tied an NFL record partment of Health and Human Serv- (B) may result in a dose reconstruction by winning 15 consecutive games in the re- ices first published the Notice of Pro- that incompletely or inaccurately estimates cent season; the radiation dose to which the energy em- posed Rulemaking (NPRM) concerning Whereas Patriots Head Coach Bill ployee named in the claim had been exposed; the Special Exposure Cohort on June Belichick and Assistant Coaches Romeo (8) the Department of Health and Human 25, 2002, and as of today, January 27, Crennel and Charlie Weiss brilliantly created Services published the first notice of pro- successful game plans throughout the sea- 2004, this rule has yet to be finalized. posed rulemaking concerning the Special Ex- son, and Mr. Belichick was named the Coach Many of these former Mallinkrodt posure Cohort on June 25, 2002, and as of Jan- of the Year in the National Football League; workers have died while waiting for the uary 27, 2004, the rule has yet to be finalized; Whereas extraordinary efforts by other Pa- proposed SEC rule to be finalized, in- and triots players including Deion Branch, Troy (9) many of those former workers have died cluding some claimants who were wait- Brown, David Givens, Ty Law, Willie while waiting for the proposed rule to be fi- ing for dose reconstruction to be start- McGinest, Richard Seymour, Antowain nalized, including some claimants who were ed or completed. Smith, Mike Vrabel, and Ted Washington waiting for dose reconstruction to be com- This is simply unacceptable! The also contributed to the Super Bowl victory; pleted. EEOICPA was intended to provide long Whereas the New England Patriots offen- SEC. 2. DEFINITION OF MEMBER OF THE SPECIAL overdue compensation to these workers sive linemen, Matt Light, Joe Andruzzi, Dan EXPOSURE COHORT. Koppen, Russ Hochstein, and Tom Ashworth within a reasonable period of time. Section 3621(14) of the Energy Employees deserve great credit for protecting quarter- Occupational Illness Compensation Program These brave workers answered the call back Tom Brady and for allowing no sacks of Act of 2000 (42 U.S.C. 7384l(14)) is amended— and helped our nation win the Cold the quarterback in the Super Bowl game or (1) by redesignating subparagraph (C) as War. It is now time for our nation to in any of the other games in the post-season subparagraph (D); and help them and provide them with the playoffs; and (2) by inserting after subparagraph (B) the Whereas Patriots owner Bob Kraft deserves immediate compensation that they de- following: great credit for his strong support of the serve. ‘‘(C) The employee was so employed for a team, and for his acknowledgement that the I ask unanimous consent that the number of work days aggregating at least 45 Super Bowl victory would not have been pos- text of the bill be printed in the workdays at a facility operated under con- sible without the strong support of the mil- tract to the Department of Energy by RECORD. lions of fans from New England. There being no objection, the bill was Mallinkrodt Incorporated or its successors Resolved, that the Senate of the United ordered to be printed in the RECORD, as (including the St. Louis downtown or States congratulates the New England Patri- follows: ‘Destrahan’ facility during any of calendar ots on winning Super Bowl XXXVIII. years 1942 through 1958, the Weldon Springs S. 2047 feed materials plant facility during any of f Be it enacted by the Senate and House of Rep- calendar years 1958 through 1966, and the NOTICES OF HEARINGS/MEETINGS resentatives of the United States of America in Hematite facility during any of calendar Congress assembled, years 1958 through 1969), and during the em- COMMITTEE ON INDIAN AFFAIRS SECTION 1. FINDINGS. ployment— Mr. CAMPBELL. Mr. President, I Congress finds that— ‘‘(i)(I) was monitored through the use of would like to announce that the Com- (1) energy workers at the former dosimetry badges for exposure at the plant of mittee on Indian Affairs will meet on Mallinkrodt facilities (including the St. the external parts of an employee’s body to Wednesday, February 4, 2004, at 9:30 Louis downtown facility, the Weldon Springs radiation; or a.m. in Room 485 of the Russell Senate facility, and the Hematite facility) were ex- ‘‘(II) was monitored through the use of bio- Office Building to conduct a hearing on posed to levels of radio nuclides and radio- assays, in vivo monitoring, or breath sam- active materials that were much greater ples for exposure at the plant to traternal ra- the President’s Fiscal Year 2005 Budget than the current maximum allowable Fed- diation; or Request. eral standards; ‘‘(ii) worked in a job that had exposures Those wishing additional information (2) the Mallinkrodt workers at the St. comparable to a job that is monitored, or may contact the Indian Affairs Com- Louis site were exposed to excessive levels of should have been monitored, under standards mittee at 224–2251.

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