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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, OCTOBER 9, 2001 No. 134 Senate The Senate met at 9:30 a.m. and was lic for which it stands, one nation under God, talk about our late friend and Senate called to order by the Honorable HARRY indivisible, with liberty and justice for all. majority leader, Mike Mansfield. But REID, a Senator from the State of Ne- f before I do, I shall take a moment to vada APPOINTMENT OF ACTING recognize the efforts of the men and PRESIDENT PRO TEMPORE women of our Armed Forces who have PRAYER undertaken a dangerous mission in the The Chaplain, Dr. Lloyd John The PRESIDING OFFICER. The past few days. They are fighting to pro- Ogilvie, offered the following prayer: clerk will please read a communication tect our Nation’s interests and its se- Almighty God, we come to You as to the Senate from the President pro curity. They are working to ensure the intercessors for our beloved Nation at tempore (Mr. BYRD). freedom of others across the globe, The legislative clerk read the fol- this crucial time of confrontation with never wavering in their duty. Through- lowing letter: the evil forces of terrorism in the out America’s history, our sons and world. May this war be decisive, under- U.S. SENATE, daughters have always been ready to girded by Your mighty power and lead PRESIDENT PRO TEMPORE, Washington, DC, October 9, 2001. answer that call to duty. In particular, toward the extrication of terrorism West Virginians have a proud and envi- from the world. We intercede for our To the Senate: Under the provisions of rule I, paragraph 3, able record of service to our country in President George W. Bush, Colin Pow- of the Standing Rules of the Senate, I hereby perilous times of war and conflict. This ell, Don Rumsfeld, General Richard appoint the Honorable HARRY REID, a Sen- time is no different; mountaineers once Myers, General Tommy Franks, ator from the State of Nevada, to perform again are playing an important role in Condeleezza Rice, John Ashcroft, and the duties of the Chair. the defense of our country. all who seek Your guidance and super- ROBERT C. BYRD, Our soldiers, sailors, and airmen are President pro tempore. natural power for their leadership in now engaged in what could be a long this just war. We pray for Tom Ridge Mr. REID thereupon assumed the battle. In locales stretched around the as he assumes his new responsibilities chair as Acting President pro tempore. world, they will put themselves in to coordinate all who must work coop- f harm’s way. They will fight to protect eratively for the protection of our land our freedoms and the freedoms of peo- against further terrorist attacks. And RESERVATION OF LEADER TIME ple around the world. We in the Senate Lord, we ask for a special measure of The ACTING PRESIDENT pro tem- and House of Representatives will Your wisdom and strength for TOM pore. Under the previous order, leader- make sure they have the resources DASCHLE, TRENT LOTT, HARRY REID, ship time is reserved. they need in order to be successful, but and DON NICKLES as they seek to lead f until their return home they and their this Senate in unity, in support of our MORNING BUSINESS Armed Forces. Protect the men and families will be in our thoughts and women now in harm’s way both in the The ACTING PRESIDENT pro tem- prayers. May God watch over them and strategic bombing and the humani- pore. Under the same previous order, bring them home safely in the end. tarian effort. Grant Your peace to the there will now be a period for the f American people, many of whom are transaction of morning business not to SENATE MAJORITY LEADER MIKE gripped with unhealed grief over Sep- extend beyond the hour of 10 a.m. with MANSFIELD tember 11 and now feel panic over the Senators permitted to speak therein danger of terrorist attacks. for up to 5 minutes each. But under the Mr. BYRD. Mr. President: Dear Father, flood our hearts with previous order, the Senator from West When I remember all Your Spirit, filling us with trust in Virginia, Mr. BYRD, is recognized to The friends, so link’d together, You. May patriotism for our Nation, speak for up to 30 minutes. I’ve seen around me fall and pertinacity to win this battle be The Senator from West Virginia is Like leaves in wintry weather, the antidote to fear. In the Name of recognized. I feel like one our Lord and Saviour. Amen. Mr. BYRD. Mr. President, I thank Who treads alone the Chair. Some banquet-hall deserted, f Whose lights are fled, f PLEDGE OF ALLEGIANCE Whose garlands dead, UNDERTAKING A DANGEROUS And all but he departed! The Honorable HARRY REID led the MISSION Thus, in the stilly night, Pledge of Allegiance, as follows: ’Ere slumber’s chain has bound me, I pledge allegiance to the Flag of the Mr. BYRD. Mr. President, this morn- Sad Memory brings the light United States of America, and to the Repub- ing I have come to the Senate floor to Of other days around me.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10344 CONGRESSIONAL RECORD — SENATE October 9, 2001 Mr. President, in June 1970, it was markable Senator, and an outstanding When the serpent tempted Eve, and my honor and privilege as the then leader. induced her to eat the forbidden fruit Secretary of the Senate Democratic Mr. President, it was on last Friday, of the tree of knowledge, he said to her, party conference to go to this floor and that the pallid messenger with the in- ‘‘ye shall not surely die.’’ make the announcement that Senator verted torch beckoned Mike Mansfield Scientists cannot create matter or Mike Mansfield had become the longest to depart this life. We can believe that life. They can mold and develop both, serving majority leader in history. he awakened to see a more glorious but they cannot call them into being. Today, it is with sadness that I come sunrise with unimaginable splendor of They are compelled to admit the truth to the Senate floor to speak of the a celestial horizon, and that he yet re- uttered by the English poet Samuel passing on Friday last of Mike Mans- members us as we remember him, for Roberts, when he said: field, and of his service to this Cham- we have the consolation that has come That very power that molds a tear ber and to our country. down to us from the lips of that an- And bids it trickle from its source, Mike Mansfield personified both cient man of Uz, whose name was Job: That power maintains the earth a sphere America and the American dream. He ‘‘Oh that my words were written in a And guides the planets in their course. was born in New York City, the son of book and engraved with an iron pen, That power is one of the laws—one of Irish immigrant parents, in 1903, the and lead in the rock forever, for I know the immutable laws of God, put into year in which the Wright Brothers that my redeemer liveth and that in force at the creation of the universe. made their historic flight. He was the latter day he shall stand upon the From the beginning of recorded time to raised in his beloved Montana. When he earth.’’ the present day, most scientists have Mike Mansfield has now passed from was only 14 years of age, without com- believed in a divine creator although I this earthly stage and gone on to his pleting the 8th grade, he served first in read not too long ago that only about eternal reward. The links which con- the U.S. Navy during World War I, and 40 percent of the scientists in this eventually in the Army and the Marine nect the glorious past with the present have been forever sundered. country believe in a creator. I have Corps—at that time, all of the branches often asked a physician: of the U.S. military. After the war, he Passing away! ’Tis told by the leaf which chill autumn Doctor, with your knowledge of the mar- became a miner, then a mining engi- velous intricacies of the human body and neer. breeze, Tears ruthlessly its hold from wind-shaken mind, do you believe that there is a God, a At 30 years of age, he was finally Creator? able, with the constant help of his de- trees; ’Tis told by the dewdrop which sparkles at Not one physician has ever answered, voted wife Maureen, to obtain the first morn, ‘‘No.’’ of several college degrees that would And when the noon cometh Each has answered, readily and with- enable him to become a college pro- ’Tis gone, ever gone. out hesitation, ‘‘Yes.’’ Some may have fessor of history and political science I always held Mike Mansfield in the doubted some of the tenets of the the- for almost a decade. highest esteem. He was a gentleman ology of orthodoxy, but they do not In 1942, he was first elected to the with great courage and unwavering pa- U.S. Congress and served five terms in deny the existence of a creator. triotism, a wise and courageous states- Science is the handmaiden of true reli- the House of Representatives. In 1952, man, affable in his temperament, and Mike was elected to the Senate—that gion, and confirms our belief in the regarded as one of the outstanding men Creator and in immortality. was the year in which I was elected to in the Senate. He was both morally and the House of Representatives—and It was William Jennings Bryan who intellectually honest and that is saying said: began a remarkable quarter-of-a-cen- a great deal in these times. He was tury of service in this Chamber, a ca- If the Father deigns to touch with divine simple in his habits and devoid of all power the cold and pulseless heart of the reer that included being elected Senate hypocrisy and deceit. There was not a majority whip in 1957. buried acorn and to make it burst forth from deceitful cell in his body. He never re- its prison walls, will He leave neglected in In January 1961, Senator Mansfield sorted to the tricks of a demagog to the earth the soul of man made in the image was elected Senate majority leader, gain favor and, although he was a par- of his Creator? and he served in that capacity until tisan Democrat, he divested himself of As an aside let me say that I always 1977—one of the most turbulent periods partisanship when it came to serving grow a few tomatoes—about four vines. in American history. It was a time of the best interests of his country. May This year I planted four vines, and I assassinations and riots, marches and God rest his soul. had more than 400 tomatoes off those demonstrations, war and anti-war pro- The potentates on whom men gaze four vines. Sometimes I plant the tests. When once their rule has reached its goal, Nevertheless, under his leadership—a Early Girl, sometimes I plant Big Boy Die into darkness with their days. or Better Boy. I grow enough tomatoes leadership that emphasized coopera- But monarchs of the mind and soul, tion, honor, fairness, integrity, and ne- With light unfailing, and unspent, to furnish my wife and myself, also to gotiation—and a leadership style Illumine flame’s firmament. supply our older daughter and her hus- marked by personal conviction and a Socrates, Plato, Aristotle, Cicero, band. Our grandsons and our grand- loyalty to lasting principles—the Sen- and other great Grecian and Roman daughters and their spouses live far- ate was a place of remarkable legisla- philosophers, by pure reason and logic ther away, but sometimes they have tive accomplishments, including the arrived at the conclusion that there is some tomatoes for them. Great Society legislation of the mid a creating, directing, and controlling Whoever plants a seed beneath the sod 1960’s. That was one of the most pro- divine power, and to a belief in the im- And waits to see it break away the clod ductive periods of Congress in Amer- mortality of the human soul. Through- Believes in God. ican history, and Senate Majority out the ages, all races and all peoples As Longfellow said: Leader Mansfield certainly had an im- have instinctively so believed. It is the It is not all of life to live, nor all of death portant role in it. basis of all religions, be they Islamic, to die. Rather, as he says: I worked shoulder to shoulder with Hebrew, Christian, or heathen. It is be- There is no death! What seems so is transi- Mike Mansfield for 10 years on this lieved by savage tribes and by semi- tion; floor, where I served as secretary of the civilized and civilized nations, by those This life of mortal breath Democratic conference for 4 years and who believe in many gods and by those Is but a suburb of the life Elysian, as Democratic whip for 6 years. who believe in one God. Agnostics and Whose portal we call death. After leaving the Senate, he contin- atheists are, and always have been, few Life is but a narrow isthmus between ued his public career by serving as the in number. Does the spirit of man live the boundless oceans of two eternities. American Ambassador to Japan under after it has separated from the flesh? All of us who travel that narrow Presidents Carter, Reagan, and Bush. This is an age-old question. We are told isthmus today, must one day board our Mansfield’s 12 years as Ambassador to in the Bible that when God created little frail barque and hoist its white Japan are the longest in history. man from the dust of the ground, ‘‘He sails for the journey on that vast un- Mike Mansfield of Montana was a breathed into his nostrils the breath of known sea where we shall sail alone man of outstanding achievements, a re- life, and man became a living soul.’’ into the boundless ocean of eternity,

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10345 there to meet our Creator face to face this body, and for 13 years Mike and I out and interview Senator Mansfield. in a land where the roses never wither had breakfast every Wednesday morn- We need about a 15-minute interview. and the rainbow never fades. Mike ing the Senate was in session. He sel- That meant you had better have about Mansfield has gone on to meet his pilot dom missed. Those conversations were 40 questions, because the answers were face to face. He was 98. I am but 84— wonderful, and they were also very in- very short. within 42 days I will reach my 84th sightful. They were full of wisdom, in- Yes, noble—little possible doubt. He birthday. And it won’t be long until I, formation, and insight. didn’t embellish much. But the best ad- too—and then so will you, and so will Senator BYRD described him as a vice he ever gave me was short and you—meet our pilot face to face. nonpartisan. That is 95 percent correct. very pointed. He said one time—and I Sunset and evening star, But one cannot work in this system will never forget it—‘‘At the end of the And one clear call for me and not have some partisan leanings. day, it will be courage and vision that And may there be no moaning of the bar No person in Washington, DC, was will sustain this Republic for genera- When I put out to sea, kinder or more helpful to a newly tions to come.’’ Courage and vision to But such a tide as moving seems asleep, elected Member of the Senate than sustain this Republic for the genera- Too full for some and foam, Mike Mansfield—even being on the When that which came from out the bound- tions to come. less deep other side of the aisle. I shall never be This Nation has not only been Turns again home. able to thank him enough or forget blessed by great topography, but with a Twilight and evening bell what he did for me. great climate and great natural re- And after that the dark, Senator, Ambassador, Mike Mans- sources from the mountains in the And may there be no sadness of farewell field, whichever you prefer—he was a East, across the Ohio, the Missouri, When I embark, good and faithful servant of the Nation and Mississippi valleys to the moun- For though from out our borne of time and and of the people of Montana whom he tains of the West, to the high prairies place, represented. His long lifespan was some and the Deep South. It has always pro- The flood may bear me far 98 years. That gave him a perspective duced men and women who, when test- I hope to see my Pilot face to face on life and history that very few of us When I have crost the bar. ed, showed the steel of character and will ever understand or attain. His wise vision. To that borne, from which no trav- eyes had seen and experienced so much Thank God he was a Member of this eller ever returns, Mike Mansfield has of this country’s history. In his life- body. And might all of us live for the now gone to be reunited with his wife time, a nation—think about this—went day when we can even stand in measure Maureen and others who once trod from horseback to the Moon. Think of with him. these marble halls, and whose voices it. Madam President, I yield the floor. I once rang in this Chamber. He was an honest man. He lied a lit- suggest the absence of a quorum. I can hear them yet: Hubert Hum- tle about his age to get into World War phrey, Paul Douglas, Allen Ellender, The PRESIDING OFFICER. The I. He came home and worked in the clerk will call the roll. Richard B. Russell—who sat at this mines of Butte and Anaconda. One has desk—George Aiken, Everett Dirksen, The assistant legislative clerk pro- to read the history of Montana to know ceeded to call the roll. Norris Cotton, ‘‘Scoop’’ Jackson—their that was not easy work, and very dan- voices in this earthly life have now Mr. REID. Madam President, I ask gerous. unanimous consent the order for the been forever stilled. His beloved wife Maureen, who pre- Mike Mansfield has crossed the Great quorum call be rescinded. ceded him in death just a year ago, Divide. Of that illustrious man who sat The PRESIDING OFFICER. Without pushed him for education to better in this Chamber when he and I were objection, it is so ordered. himself and to lift himself from the young Senators, only STROM THURMOND mines. He experienced the rigors of the f and I remain here today. worst depression in the history of the They are drifting away, these friends of old United States—what lessons that CONCLUSION OF MORNING Like leaves on the current cast; taught many of us—and the experience BUSINESS With never a break in their rapid flow We count them, as one by one they go of World War II. If that weren’t The PRESIDING OFFICER. Morning Into the Dreamland of the Past. enough, the era of Korea, Vietnam, and business is closed. Erma and I extend our condolences to the cold war, when two powers looked Mike’s daughter, Ann, and to others of each other in the eye until one blinked. f his family. May his soul rest in peace. During tumultuous times, the United Madam President, I yield the floor. States has been blessed with common MEASURES PLACED ON THE The PRESIDING OFFICER (Mrs. LIN- men and women who rose to uncom- CALENDAR—S. 1499 and S. 1510 COLN). The Senator from Montana. mon levels of leadership when they Mr. REID. Madam President, I under- f were tested and asked to do so—men stand the following bills are at the and women with a hidden character of THE ‘‘MIKE’’ I KNEW desk, having been read the first time: steel, vision, compassion, and integ- S. 1499 and S. 1510. Mr. BURNS. Madam President, I can- rity. Mike Mansfield was one who, I ask unanimous consent that it be in not find the words I want for Mike when called, responded to that level de- order, en bloc, for these two bills to re- Mansfield—their meaning—and put manded by the day. ceive a second reading, and I then ob- them together like our good friend Looking back at those conversations, ject to any further consideration. from West Virginia. He knew Michael they were mostly events and hap- The PRESIDING OFFICER. Without almost as long as I did. penings of the Senate. He loved to tell objection, it is so ordered. But Mike has moved on. His work stories of the giants of their day. That The clerk will read the titles of the here on Earth is done. His legacy will gave me great insight of this body, and bills. live as it will be placed among the ar- his advice was seldom, if ever, wrong. The legislative clerk read as follows: chives as majority leader of the Sen- The Mike I knew will be with me as ate, as a Member of the House of Rep- long as I shall breathe. I thank God A bill (S. 1499) to provide assistance to small business concerns adversely impacted resentatives, and as an Ambassador to every day that our Nation’s demands by the terrorist attacks perpetrated against Japan. As a nation, we have been were answered by men and women such the United States on September 11, 2001, and graced and blessed by great leaders as Mike Mansfield. for other purposes. who rose to uncommon levels in times The best advice that was ever given A bill (S. 1510) to deter and punish terrorist of national crises. We, the Members of to me by Senator Mansfield was short acts in the United States and around the this Senate, are the benefactors of his and very pointed. world, to enhance law enforcement inves- stewardship. A thankful nation is the By the way, I used to work in the tigatory tools, and for other purposes. benefactor of his wisdom. press corps in Montana when Michael The PRESIDING OFFICER. Under I now occupy the seat once held by was a Member of this body. The pro- the rule, the bills will be placed on the Mike. Thirteen years ago, I came to ducer of the news show would say: Go calendar.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10346 CONGRESSIONAL RECORD — SENATE October 9, 2001 AVIATION SECURITY ACT—MOTION tarmac. At some point during pre- right on down the list, all the per- TO PROCEED flight preparation, you have not only sonnel involved; the mayors have sent The PRESIDING OFFICER. Under the screeners, cargo handlers, caterers, us resolutions. I think we made a mis- the previous order, the Senate will now and general airport perimeter officials, take in calling it airline security. We resume consideration of the motion to but you have the individual who vacu- should have used the word ‘‘stimulus,’’ proceed to S. 1447, which the clerk will ums underneath the seats, who all have the ‘‘airline stimulus’’ bill, because if report. access to the airplane prior to take-off. we had used that word, we would not The legislative clerk read as follows: Because of this access, all personnel have had any trouble at all in passing this measure. Everybody is around here A motion to proceed to the bill (S. 1447) to need to go through an FBI check, in improve aviation security, and for other pur- our opinion. That is what this bill pro- trying to stimulate, stimulate, stimu- poses. vides. late—these fancy words we get up here in Washington. Mr. REID. Madam President, I sug- Take the following scenario for in- stance. A terrorist checks in ahead of I know of no better measure to stim- gest the absence of a quorum and ask ulate airline travel and get the airlines unanimous consent that the time be time online and the airline staff says to the person you have seat 9A. All a back to normal. We give the airlines equally charged to both leaders on this $15 billion and then guarantee they go matter. terrorist has to do is pick up that mo- bile phone and call a friend who has broke by keeping the airports closed or The PRESIDING OFFICER. Without extending the idea that there is no se- objection, it is so ordered. been working 2 years on the tarmac out there and say it is a 12 o’clock curity, that there are no marshals on The clerk will call the roll. the plane, as the Senator from Cali- The assistant legislative clerk pro- flight to Charleston, seat 9A. That is fornia told me early this morning. We ceeded to call the roll. it. They tape a pistol or a weapon of are going to have marshals. We are Mr. REID. Madam President, I ask some kind under seat 9A. But even going to have security with this airline unanimous consent the order for the there at the counter, all you have to do stimulus security measure. quorum call be rescinded. is get out there a little bit early, get your ticket, and then sit down and be I yield to the distinguished Senator The PRESIDING OFFICER. Without from Montana. He has worked closely calm. Then just give a motion up at objection, it is so ordered. with us on this issue, and perhaps he the window because your friend has al- Mr. REID. Madam President, what would have an observation. time is it? ready been told that this is the flight Mr. BURNS. I thank my good friend The PRESIDING OFFICER. It is you are going to take. from South Carolina. I didn’t think he The bill itself has been released to 10:18. had to be invigorated or stimulated to the Senate after a full day’s hearing we Mr. REID. We have 12 minutes left make a great speech. I was going to had at the Commerce, Science, and before the vote? stay out of this, but the Senator is cor- Transportation Committee with nearly The PRESIDING OFFICER. The Sen- rect; nothing will stimulate travel all of the Senators in attendance. In a ator is correct. more than a strong sense of security. It Mr. REID. Chairman HOLLINGS is in bipartisan fashion, Senator MCCAIN, has to be visible. People have to see the the Chamber. and I, Senator KAY BAILEY HUTCHISON, measures that are being taken to make The PRESIDING OFFICER. The Sen- who has been working on this over sev- it viable and to give them a sense of se- ator from South Carolina. eral years, along with the chairman of curity whenever they fly. We know we Mr. HOLLINGS. I thank the distin- our Subcommittee on Aviation, Sen- are in a different kind of a confronta- guished Chair. ator ROCKEFELLER of West Virginia, all tion now. Some have termed it a war. Madam President, we have the clo- got together with some two dozen co- It really is. But it is different from ture vote on the motion to proceed to sponsors to develop this legislation. anything this Nation has ever faced. the airport security bill at 10:30. We do have a managers’ amendment Whenever we start talking about our I say, in the few minutes allotted me, that really takes care of some of the own security, providing security for I wish everyone could have been at the flexibility needs that we found out our people in this country and abroad, Commerce Committee briefing we had about from the FAA with respect to re- we only have to look—I was interested, with the El Al airline security chief strictions on parking 300 feet from the as was the chairman of the Commerce and Israeli government security offi- airport building—that kind of thing. As Committee, that when we talk to the cials. You would immediately under- the Senator from North Dakota says, I representatives of El Al, the national stand that when the plane went down think if you move 300 feet from the air- airline of Israel, we talked to the peo- over the Black Sea this past weekend, port building in North Dakota, you will ple who are in charge of security. If the even though the plane came from be in Senator DORGAN’s cow pasture. Senator remembers, there are 7,000 em- Israel, the explosion had to come from We must be careful to maintain reason- ployees of El Al, both domestic and somewhere else because it is veritably able and flexible oversight of airline se- international; 1,500 of that 7,000 are in impossible to get a bomb aboard a curity in order to ensure the continued security. And there is a bright line be- plane at airports in Israel. efficiency of the industry. Those kinds tween their security people and every- The United States military is now of judgments can be made from time to body else—the pilots, the people who working with Ukrainian and Russian time by the administering agency. operate their airports, the people who officials to verify evidence that a These efforts will be paid for. Right operate their reservation systems, the Ukrainian missile may have gone now, we are studying the exact cost. people who operate their ground oper- astray during military exercises on the Senator MCCAIN and I have tried to ations and their in-flight operations. Black Sea coast. I only mention this hold costs down—including the pas- There is a bright line of authority be- incident to emphasize the thorough- senger security fee itself. What we have tween those people who are the secu- ness of airport security in Israel. They agreed upon at the moment, of course, rity people. They know how to exercise call their security plan the ‘‘onion is $2.50 per ticketed passenger which that authority. They are accountable ring’’ perimeter defense. Their plan ef- would add up to $1.5 billion. But they and responsible for that. But most im- fectively addresses not only security are saying, no, if you are going to take portantly, they are accountable to during the boarding of the plane, but care of the 18,000 screeners and some their airline and to their country. security surrounding the airport and 10,000 other personnel around the We have crafted this legislation with- on the tarmac. But we continue to talk tarmac and out on the sidewalk, you out a hearing—we never had a mark- more narrowly about security in the are going to really get into about $1.7 up—but it is as close, and I think with cockpit and the need for federal screen- billion or maybe $1.9 billion total cost. a couple of amendments we can perfect ers and U.S. marshals on board. As in- So we might have to raise the pas- it, as we can come to some under- experienced as we are on these matters, senger fee up to $3. I don’t know. We standing on that bright line of ac- this is where our minds are focused. are currently trying to obtain the best countability and responsibility for se- However, we need to expand our work CBO figures. curity. on airline security to the airport and The airline executives favor this bill; I congratulate the Senator for his airline personnel working on the the airline pilots favor the bill. You go leadership. He understands where we

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10347 have to go and how to get there in Landrieu Nelson (FL) Smith (OR) postcloture period of debate so we can order to provide the safety and secu- Leahy Nelson (NE) Snowe somehow get on the bill. I do not think Levin Nickles Specter rity the American people demand. Lieberman Reed Stabenow it is in anybody’s interests right now I thank the Senator. Lincoln Reid Thomas to be exacerbating the situation with Mr. HOLLINGS. Madam President. I Lott Roberts Thompson any kind of accusations about who is Lugar Rockefeller suggest the absence of a quorum. Thurmond at fault. We are going to try to work McCain Santorum Voinovich McConnell Sarbanes through that. I just hope we can work The PRESIDING OFFICER. Without Warner Mikulski Schumer objection, it is so ordered. The clerk Wellstone through it in a way that will accommo- Miller Sessions Wyden date debate on the bill and ultimately will call the roll. Murkowski Shelby The assistant legislative clerk pro- Murray Smith (NH) a successful conclusion of that debate so we can enact this legislation this ceeded to call the roll. NOT VOTING—3 Mr. REID. Madam President, I ask week. It is critical that we get this unanimous consent that the order for Jeffords Stevens Torricelli work done. No Senator has to be re- the quorum call be rescinded. The PRESIDING OFFICER. On this minded of that. The PRESIDING OFFICER. Without vote, the yeas are 97, the nays are 0. Again without acrimony, without objection, it is so ordered. Three-fifths of the Senators duly pointing fingers, let’s see if we can work through it in a constructive way, CLOTURE MOTION sworn and having voted in the affirmative, the motion is agreed to. and that is my intention. I will be The PRESIDING OFFICER. Under speaking to the Republican leader mo- f the previous order, the clerk will re- mentarily, as well as, again, to the port the motion to invoke cloture. EXTENSION OF MORNING ranking member of the Commerce The legislative clerk read as follows: BUSINESS Committee, as we try to find a way to CLOTURE MOTION Mr. DASCHLE. Madam President, it resolve whatever outstanding problems We, the undersigned Senators, in accord- was my hope we could move directly there still are. ance with the provisions of rule XXII of the now to the bill, given the 97–0 vote on I thank the Senator for yielding. Standing Rules of the Senate, hereby move the motion to proceed. As I understand The PRESIDING OFFICER. The Sen- to bring to a close the debate on the motion it, there are still objections to go to ator from Massachusetts. to proceed to Calendar No. 166, S. 1447, a bill Mr. KERRY. I thank the majority the bill itself. I hope we can work to improve aviation security: leader. through whatever objections there may Blanche Lincoln, Harry Reid, Ron I want to emphasize, as I know Sen- Wyden, Ernest Hollings, Herb Kohl, be on the other side so we can get on ator MCCAIN and Senator HOLLINGS Jeff Bingaman, Jack Reed, Hillary the bill and begin offering amendments feel, nobody at this point wants the Clinton, Patrick Leahy, Joseph Lieber- and coming to closure of this bill man, Jean Carnahan, Debbie Stabenow, good work of the Senate to be dis- quickly. We have a lot of work. All of tracted in any way by any kind of fin- Byron Dorgan, John Kerry, Thomas it is being held up now as a result of Carper, Russ Feingold. ger pointing or accusations. That is our inability to get that work done. The PRESIDING OFFICER. By unan- not the purpose of my question. In the interim, it would be my hope But we have now been discussing air- imous consent, the mandatory quorum for those Senators who had come to the port security for several weeks—sev- call under the rule is waived. floor with the expectation they could eral weeks. There is a very significant The question is, Is it the sense of the speak as if in morning business on Sen- majority of the Senate who are poised Senate that debate on the motion to ator Mike Mansfield and other matters, to vote in a certain way. It is my hope proceed to S. 1447, a bill to improve we accord Senators that opportunity. I my colleagues will allow the will of the aviation security, and for other pur- ask for the next hour that the Senate Senate to be worked. The American poses, shall be brought to a close? stand as if in morning business to ac- people expect nothing less of this Con- The yeas and nays are required under commodate Senators who wish to gress than a prompt response in a re- the rule. speak in tributes to Senator Mansfield sponsible way. Frankly, I think we can The clerk will call the roll. and other matters. do better at the job of resolving this The assistant legislative clerk called The PRESIDING OFFICER. Without faster than we seem to be at this mo- the roll. objection, it is so ordered. ment. I hope that will happen in short Mr. REID. I announce that the Sen- f order, in the course of the next 24 or 48 ator from Vermont (Mr. JEFFORDS) and AVIATION SECURITY hours. the Senator from New Jersey (Mr. I thank the Chair. TORRICELLI) are necessarily absent. Mr. KERRY. Madam President, I ask The PRESIDING OFFICER (Mr. Mr. NICKLES. I announce that the the majority leader if we could clarify BAYH). The Senator from Montana. Senator from Alaska (Mr. STEVENS) is something for the record. We had 97 Mr. BAUCUS. I ask to speak as in necessarily absent. Senators vote, publicly saying they are morning business. The PRESIDING OFFICER. Are there prepared to have a motion that allows The PRESIDING OFFICER. The Sen- any other Senators in the Chamber de- us to at least proceed to the bill, but ator is recognized. siring to vote? we are not actually able to get on the Mr. REID. Will the Senator withhold The yeas and nays resulted—yeas 97, bill itself. Nobody should be mistaken for a unanimous consent request? nays 0, as follows: that suddenly the Senate is actually Mr. BAUCUS. Certainly. [Rollcall Vote No. 292 Leg.] making big progress on aviation secu- f YEAS—97 rity. ORDER FOR RECESS I ask the majority leader if he would Akaka Cleland Fitzgerald Mr. REID. I ask unanimous consent Allard Clinton Frist just clarify what the procedural hurdle the Senate recess from 12:30 p.m. to 2:15 Allen Cochran Graham is now, and also, what is the sub- p.m. today for the party luncheon con- Baucus Collins Gramm stantive resistance here and how he Bayh Conrad Grassley ferences and that the recess time be Bennett Corzine Gregg sees the Senate proceeding. charged postcloture as well as a period Biden Craig Hagel Mr. DASCHLE. If the Senator will for morning business. Bingaman Crapo Harkin yield, I will simply say it is the right of Bond Daschle Hatch The PRESIDING OFFICER. Without Boxer Dayton Helms any Senator to ask for his or her time objection, it is so ordered. Breaux DeWine Hollings allocated to postcloture debate. As ev- The Senator from Montana. Brownback Dodd Hutchinson eryone in this body knows, you have 30 Bunning Domenici Hutchison f Burns Dorgan Inhofe hours of postcloture debate after clo- Byrd Durbin Inouye ture has been achieved. We have now THE PASSING OF MIKE Campbell Edwards Johnson voted on cloture, and Senators are en- MANSFIELD Cantwell Ensign Kennedy titled to a 30-hour debate. Mr. BAUCUS. Mr. President, I rise Carnahan Enzi Kerry Carper Feingold Kohl It is my hope we can accelerate and today to pay tribute to a great Mon- Chafee Feinstein Kyl somehow bring to closure this tanan, a great American, and a great

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10348 CONGRESSIONAL RECORD — SENATE October 9, 2001 leader who passed away early Friday The assassination of a President and in the House for over a decade. Then we morning. his brother. Able political leadership sent him to the Senate in 1952. In our Nation’s history, we have been and seamy politics and chicanery. The Mike’s ability to bring people to- blessed with leaders who have stepped dawn of the nuclear age and men on gether and find common ground en- forward to lead us in moments of crisis, the moon. abled him to succeed Lyndon Johnson war, or social upheaval. Mike Mans- ‘‘A great war and a prelude to two as Senate majority leader in 1961, a field of Montana was such a man, such more wars. A dim perception of world post he held until 1977. a leader. order, and an uncertain hope for inter- When John F. Kennedy asked him to Modest and self-effacing, Mike Mans- national peace. There is a time to stay serve as majority leader, Mike at first field, as Senate Majority Leader, was and a time to go. Thirty-four years is declined. Mike and Kennedy were instrumental in the 1960s and 1970s in not a long time, but it’s time enough.’’ freshmen together in the Senate, and steering the U.S. Senate and America That’s quite a record, quite a resume, Mike became a close confidant. Mike through some of the most tumultuous quite a life. finally agreed to serve—for love of times in our Nation’s history. But that all pales in comparison to country—and went on to become one of He was here in this Chamber, leading his love for his wife Maureen, and his the most effective gentlemen ever to the Senate through the sadness fol- love for Montana and the people he so grace this great Chamber. lowing the assassination of President faithfully represented. After he was elected majority leader, Kennedy. Over the course of his career, Mike Mike was asked if he would act the He helped pass landmark Great Soci- Mansfield went by many titles: Pro- same way as the legendary Lyndon ety programs, including the Civil fessor Mansfield, Congressman Mans- Johnson, whose style as majority lead- Rights Act of 1964, which prohibited field, Senator Mansfield, Majority er was blunt and heavy-handed. In typ- discrimination in public accommoda- Leader Mansfield, and Ambassador ical Mansfield fashion, Mike said, ‘‘I tions. Mansfield. am who I am.’’ And the Voting Rights Act of 1965, Senator Mansfield was an inter- After Mike Mansfield’s distinguished which allowed blacks in the South to nationally recognized leader. But in service here in the Senate, President more widely take part in Federal and Montana, we simply knew him as Carter appointed him in 1977 to be our State elections. ‘‘Mike.’’ And he was our Mike. ambassador to Japan. Mike was re- He questioned our country’s growing Mike was the embodiment of Mon- appointed to that post by President role in the Vietnam War when that tana: Quiet, humble, strong, salt of the Reagan. And Mike continued his diplo- might have been unpopular to do so, earth, committed to his wife, family, matic service until he retired in 1988, but when it needed to be done. State and country. He was my mentor making him the longest-serving Am- He helped lead the Senate through and he was my friend. bassador to Japan in our Nation’s his- Watergate, when the foundations of our Although he served six U.S. Presi- tory. democracy and government were shak- dents in his career as majority leader When he served as Ambassador to en by scandal and the resignation of and ambassador to Japan, Mike once Japan, Mike said, ‘‘I try to put myself our President. said humbly, ‘‘I reached the height of in the shoes of the Japanese, but I have And he was most proud of his role in my political aspirations when I was never forgotten that the shoes I wear helping Congress pass legislation that elected Senator from Montana.’’ are American, and that my country’s led to ratification of the 26th amend- That’s just the kind of man he was, a interests come first.’’ ment. That gave our young people—18 quiet but firm leader, one who didn’t That’s Mike. He never forgot where year olds—the right to vote and ex- like the spotlight but endured it in he came from. tended participation in our government service to his State and country. Although he came from the mines in to even more Americans. Michael Joseph Mansfield was born Butte, Mike understood the importance Mike Mansfield was a key leader in in New York City on March 16, 1903. He of our relationships with other coun- extraordinary times. He was the sage, moved with his family to Great Falls, tries and the world. laconic captain with his hand firmly on MT, in 1906. I remember about 5 years ago, I the wheel. The captain we could trust When he was only 14 years old, Mike wanted to ask Mike about his thoughts in rough seas, who knew when to speak joined the Navy and served as a seaman on Most Favored Nation status for and give orders, and knew when to lis- in World War I. He then served as a pri- China. So, I called him up. We talked ten. vate in the Army in 1919 and 1920, and briefly and then he said, ‘‘MAX, do you He was a counselor and team leader as a private first class in the Marines have a few minutes?’’ I said, ‘‘Of who walked the bridge to consult with from 1920 to 1922. course.’’ Then he proceeded to read to Presidents Kennedy, Johnson, Nixon, After his military service, Mike me an in-depth analysis he had written and Ford. And later Presidents tapped moved back home to Montana, where on the U.S.-China relationship and Chi- Mike Mansfield for even more public he worked as a mine mucker and engi- na’s role in the world. service—to serve as America’s Ambas- neer in the copper mines of Butte for 8 Mr. President, that was the most co- sador to Japan, one of the most sen- years. gent, trenchant analysis I had ever en- sitive postings in the world. It was during this time that he met countered or have ever seen to date. This Senator from Montana served his soon-to-be wife, Maureen. After But that was Mike. In a matter-of-fact longer than anyone else in American meeting Maureen, Mike’s life was for- tone, he just read it to me over the history as Senate majority leader and ever changed, he would say. They phone. as U.S. Ambassador to Japan. would marry in 1934. By her guidance, Mike’s legacy includes, among many And he left the Senate a better place, her faith in him, Mike said, Maureen others, the Mansfield Center for Pacific not only for Senators but for the Amer- pushed him to go back to school and Affairs in Washington, D.C., and the ican people. He left it a civilized insti- was responsible for his success in life. Maureen and Mike Mansfield Center at tution that allowed all Senators an So Mike went back to school. He at- the University of Montana in Missoula. equal voice in the legislative process. tended the Montana School of Mines in These institutions live on. They He encouraged younger Senators to Butte in 1927 and 1928, then graduated teach us and our children the impor- speak, breaking the tradition of a Sen- from Montana State University—as it tance of looking out across our bor- ate dominated by an exclusive club of was called then—in 1932. Mike earned a ders, the importance of understanding older men. Senator Mansfield democra- masters degree in history in 1934, and different cultures. And that is more tized the Senate. taught history and political science for important now than ever. When he retired at age 73, Senator eight years. That’s a distinguished record. But Mansfield noted that in his period of Mike’s 34-year career of representing Mike never lost touch with his roots. service in Congress—from 1942 to 1976— Montanans in Washington began in Mike was so humble. I told him once he had witnessed: ‘‘One-sixth of the Na- 1942, when Maureen urged him to run that I was looking forward to reading tion’s history since independence. The for a seat in the U.S. House of Rep- his memoirs one day. He simply said: administrations of seven Presidents. resentatives. He served Montanans well ‘‘Nope.’’

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10349 He said many of those conversations I am proud and honored to have He said he had three great loves in were confidential. No kiss and tell for known Mike and Maureen Mansfield. his life. The first was obvious. Mike. He was such a classy, deep, dig- They were common people who led un- The first was his wife, Maureen—his nified, thoughtful, and wonderful per- common lives. They were great Mon- partner for more than 65 years. She was son. tanans, they were great Americans, the one who forced an eighth grade When I first considered running for and they were our friends. dropout to leave the coal mines of Congress in 1974, I went to Mike and Mike used to say he had three loves Montana, go to college, and make asked whether or not he thought I in this world: His wife, Montana and something of himself. should run. ‘‘Yep,’’ he said. That’s how the U.S. Senate. The second was his beloved State of he used to respond to questions: Yep, When I saw him just over two weeks Montana. nope, and maybe. Very straight for- ago in the hospital, we talked about The third was this institution, the ward, he told it as it was. Montana, we talked about the Senate, U.S. Senate. He told me running for Congress took and we talked world events. Then we The Senate majority leader has been a lot of hard work, a lot of shoe leath- talked about Maureen. called ‘‘the first among equals.’’ No one er, and a little bit of luck. That was And right before I left him, he leaned deserved that title more than Mike enough for me. back in his bed, looked off in the dis- Mansfield. He was wise. He was decent. That wasn’t the last time I sought tance, closed his eyes, smiled, and said, He was endlessly patient. He was a man out Mike’s counsel. Right up until his ‘‘Maureen—what a girl she was, what a who deeply believed in the ability of death last Friday, I went to Mike for girl.’’ free people to govern themselves wise- his advice on a variety of issues. I saw And Mike, what a great man you ly. It is no coincidence that the Mans- him just a few weeks ago, not long were. You were both great—together. field years remain the most civil and after the September 11 terrorist at- This is not goodbye, Mike. Rather, as the most productive in our Senate’s tacks. Even though he was laid up in a our many Indian friends say, ‘‘See you history. hospital bed, he immediately said, ‘‘Hi, later.’’ And as you would say and said He was a steady hand during turbu- MAX,’’ and invited me to take off my so many times to your many Montana lent times. In the sad and anxious days coat and have a seat. At age 98, he was friends, Tap ’er light, Mike. that followed President Kennedy’s still sharp as a tack and just as gra- Thank you. death, Senator Mansfield’s words and cious as ever. The PRESIDING OFFICER. The ma- poise helped calm this Nation. We talked for some time before our jority leader. In the years that followed he led the conversation turned to Afghanistan. Mr. DASCHLE. Mr. President, I com- Senate to the passage of the Civil This was a man who knew so much. He pliment the distinguished Senator from Rights Act of 1964 and the Voting talked about the history of Afghani- Montana for his comments about our Rights Act of 1965. During his tenure, stan—how the Russians and every former majority leader. I was one of he led the Senate through a war in would-be conqueror attempting to oc- those who was fortunate enough, as he Vietnam and the resignation of a Presi- cupy that country ran into trouble. His was, to know Senator Mansfield—not dent. history lesson on Afghanistan was rich nearly as well, of course, as Senator The last time Mike Mansfield spoke with such figures as Genghis Kahn and BAUCUS did, but well enough to seek to a group of Senators was 31⁄2 years Alexander the Great. his counsel, to enjoy his friendship, to ago when he returned to the Capitol to When a Japanese reporter once asked be provided with his guidance on so inaugurate the leaders’ lecture series Mike about his secret of longevity and many occasions over the years that I begun by my colleague and friend Sen- health, Mike smiled and said, ‘‘A good have had the good fortune to serve as ator LOTT. On that night, Senator wife and good Montana people.’’ Mike leader. Mansfield delivered a speech that he was always quick to point out that all Mike Mansfield, in every way, shape, had written many years earlier. He the success he had in life he owed to and form, was a Senator whom all wrote the speech to answer critics who his beloved wife Maureen. Maureen could admire, a Senator who under- said he was not forceful enough as ma- Hayes took him out of the mines of stood that in this body of loquacious- jority leader. He said he had intended Butte and into greatness. ness there is an eloquence to sim- to give the speech on a quiet afternoon Her quiet encouragement gave Mike plicity, that in this place of debate when there would be no news to com- the strength to lead our nation during there is always an opportunity for de- pete with. The date he had chosen was some very difficult times: civil rights, cency, that in this location, as we con- Friday, November 22, 1963. the Vietnam War, Watergate. Maureen sider those who are more prominently A week later, as the Nation grieved, cashed in her life insurance policy to seen throughout the country in posi- Senator Mansfield simply inserted his help pay for Mike’s education. And in tions of leadership, there is that quiet remarks in the CONGRESSIONAL RECORD. Washington, she worked in his office strength that came from a Mike Mans- Thirty-five years later, he returned to without compensation so she could field. the Capitol and delivered them for the spend more time with him. Mike Mansfield once said, ‘‘when I first time. I want to read a section of What they did, they did together. Mr. am gone, I want to be forgotten.’’ those remarks. President, Mike and Maureen were a With all due respect to my dear I have always felt that the President of the team, a great team. When Maureen friend and teacher, he will never be for- United States—whoever he may be—is wor- passed away last year, we all mourned gotten. thy of the respect of the Senate. I have al- the loss. Today, we mourn the loss of Mike Mansfield began his service to ways felt that he bears a greater burden of Mike. But today we also find comfort America as Senator BAUCUS noted, responsibility than any individual Senator in knowing that the love affair that when he was 14, when he managed to for the welfare of the nation, for he, alone, started so long ago has come full cir- enlist in the Navy in World War I. can speak for the nation abroad; and he, cle. Now, Mike and Maureen are to- Eventually, he would serve in both the alone, at home, stands with the Congress as gether. a whole, as constituted representatives of Army and the Marine Corps as well. the American people. In the exercise of his Now, we as Montanans and Ameri- He served 34 years in Congress, 24 of cans pay tribute to their lives and grave responsibilities, I believe we have a them in the Senate. profound responsibility to give him whatever their contributions. Now, especially He said he achieved the height of his understanding and support we can, in good now, we look to their example of lead- ambition when he was elected Senator conscience and in conformity with our inde- ership through humility, integrity, and from Montana. But it was certainly not pendent duties. dignity. the height of his achievement. I believe we owe it to the nation of which Mike was the embodiment of family, He served as majority leader longer all our states are a part—particularly in saying so eloquently in Maureen’s eu- than any other leader has in our Na- matters of foreign relations—to give to him logy, that what he did and accom- tion’s history—16 years. not only responsible opposition, but responsible cooperation. plished, they did together. That rec- Following that, for 12 years, under And finally, within this body, I believe ognition of her greatness, strength and two Presidents—one Republican and that every member ought to be equal in fact, vision was Mike’s greatness, strength one Democratic—he represented Amer- no less than in theory, that they have a pri- and vision. ica as our Ambassador to Japan. mary responsibility to the people whom they

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10350 CONGRESSIONAL RECORD — SENATE October 9, 2001 represent to face the legislative issues of the Protestant members. We have even had That is very important for the econ- nation.... a member come and talk about agnos- omy, of course, and for them. And to the extent that the Senate may be ticism. I said: ‘‘When did you start working inadequate in this connection, the remedy It is something we all keep very per- for them?’’ lies not in the seeking of shortcuts, not in sonal and private. It has been one of He said: ‘‘Actually, they started call- the cracking of nonexistent whips, not in wheeling and dealing, but in an honest facing the highlights of my service in the Sen- ing me, and I thought there must be a of the situation and a resolution by the Sen- ate to meet every Wednesday morning mistake, so I didn’t return their calls.’’ ate itself, by accommodation, by respect for and talk about religion and the impor- This was years ago. one another, by mutual restraint and, as tance of religion in our lives and in the So he said: ‘‘They kept calling,’’ and necessary, adjustments in the procedures of life of our Nation. I said, ‘‘I’m 88 years old; are you really this body. The special place Mike Mansfield serious about wanting me to go to The constitutional authority and responsi- held was in the Senate prayer break- work for you?’’ He said only after they bility does not lie with the leadership. It lies fast. He was coming to the Senate said: ‘‘We know how old you are; we with all of us individually, collectively and prayer breakfast all the way up until think you have very valuable advice.’’ equally. And in the last analysis, deviations he died. He never missed a week except from that principle must in the end act to So he agreed to go to work for Gold- the detriment of the institution. And, in the in the unusual circumstance when man Sachs and worked for them up end, that principle cannot be made to prevail Maureen had taken a turn for the until he died at the age of 98. He was so by the rules. It can prevail only when there worse or immediately following pleased that he could still be helpful. is a high degree of accommodation, mutual Maureen’s death, and then only when We all knew that his mind never left restraint and a measure of courage—in spite he was sick. And I would call him if he him. He was so precise and up on issues of our weaknesses—in all of us. missed one or two times and I was con- that it would astound anyone. He read It can prevail only if we recognize that, in cerned about him. I would find there the London Economist and the news- the end, it is not the Senators as individuals was a reason, but he was going to be papers in Japan. He was very up to who are of fundamental performance. In the OK. Getting to know him was wonder- end, it is the institution of the Senate. It is date. the Senate itself as one of the foundations of ful. I talked to Mike Mansfield once the Constitution. It is the Senate as one of It was kind of interesting because no about Maureen, and I told him that I the rocks of the Republic. one has assigned seats and it is a small knew of the great love story; it is leg- So said Senator Mansfield and so it is room. Probably 30 of us come in any 1 endary around here, how committed he advice to all of us. We are in the Sen- week. But there are no assigned seats. was to Maureen. She was bedridden for ate today considering matters of the You just take the seat that is empty— a long time. He would go to see her reg- gravest national importance. I can except for Mike Mansfield’s seat. He ularly. He kept her in their apartment think of no better advice than the sage did have a regular seat. No one would until he just could not take care of her, guidance Mike Mansfield left for all of sit in Mike Mansfield’s seat unless it and then he would visit her daily when us. His words are at least as important was clear that he wasn’t coming. He she was being taken care of in another today as they were when he delivered was always there on time. So if we place. them 31⁄2 years ago and when he wrote started and he wasn’t there, someone I asked him about her, and he never them 38 years ago. might sit in his seat, but never before forgot that it was Maureen who made We were lucky to have Mike Mans- because we revered having him there. him what he was. That is what he said. field for as long as we did. Now we have He was such a wonderful presence, and Just as Senator BAUCUS related earlier, his remarkable example. That itself is his countenance was always so posi- it was Maureen who saw this miner and a considerable gift. We should treasure tive. saw that he could be something more it. We should live by it. I had the opportunity to talk to him than a miner. So she encouraged him because I generally sat next to him. I Our thoughts and prayers go to his to get his high school education and started getting to know him when I daughter Anne. then his college education. She saw in joked with him. Here was Mike Mans- Contrary to Mike Mansfield’s wishes, him someone who could make a great field when he was 95, 96, 97, and he had Mike Mansfield will never be forgotten. contribution, and he never forgot that, a breakfast that was eggs, bacon, bis- I yield the floor. no matter how high he went. He went cuits, and if they had gravy, it would The PRESIDING OFFICER. The Sen- to the very highest level as the distin- have been on there, too. Do you know ator from Texas. guished majority leader and then as what. I have to sit by a guy who still Mrs. HUTCHISON. Mr. President, I Ambassador to Japan. He never forgot eats like a guy because so many people rise today to speak about Mike Mans- that it was Maureen who made him are now into rabbit food, as we call it. field, not from the standpoint of the el- This was a guy who still ate like a guy. what he was, and his love for her was oquent eulogy given by the Senator It gave me great hope that someone so touching and so poignant. I enjoyed from Montana, who knew Mike Mans- who was 97 years old was eating like having that conversation with him. field so well, or the majority leader, So my experience with Mike Mans- that. And so we started a friendship who knew him and served with him. I that has lasted throughout my 8 years field was not during his active service, didn’t serve with Mike Mansfield, but I in the Senate. as it was with so many of my col- did have a wonderful relationship with I talked to Mike Mansfield about leagues here. My experience with him him in a very different way. Japan. As many people know, he was was in a different way, but it was so re- The first time I ever saw the stature our wonderful Ambassador to Japan warding. He would bring me clips from of Mike Mansfield was through his pic- immediately—not immediately fol- foreign newspapers that he thought ture that is in the Mansfield Room. For lowing his Senate leadership position, would be of interest to me. So I anyone who has been in the Mansfield but he was appointed by a Democrat, thought he was a great man in a dif- Room, which is one of the major meet- as well as a Republican President, be- ferent time of his life. ing rooms in the Capitol, the picture of cause he was so effective in Japan and It shows how much you can con- Mike Mansfield says so much about he understood that part of the world so tribute if you stay active and keep on him because it is a very long, narrow well. I would talk to him about the top of world affairs, and that is what picture with Mike Mansfield standing economic situation in Japan. As things Mike Mansfield did. It was hard to be- there alone, nothing behind him, just would look bad, I would ask him about lieve that he was 96, 97, 98 years old if that solitary figure that is so very it. He always had absolutely great in- you were around him because he was so powerful. sights. I remember a time when Mike absolutely vivacious and clear. He That is exactly the kind of man I Mansfield was telling me that he wasn’t a talkative person, as has been came to know. I go to the Senate pray- worked for Goldman Sachs. He worked mentioned. He was the strong, silent er breakfast every Wednesday morning, for Goldman Sachs all the way up until type—the epitome of what you would where Senators and former Senators he died. think of as the Marlboro Man who meet to talk about our feelings about I said: ‘‘Well, tell me what you do.’’ didn’t feel as if he had to talk a lot. religion. We have Jewish members. We He said: ‘‘I advise them on the Far But certainly when he did speak, he have Catholic members. We have East and Japan.’’ had a lot to say, and it was clear and

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10351 focused; there was no excess. But you Canada on my honeymoon with Peatsy, There being no objection, the eulogy knew it was the wisdom of all those Mike’s office called and asked us to was ordered to be printed in the years coming through. come to Europe. Peatsy and I left Can- RECORD, as follows: I pay tribute to Mike Mansfield as a ada immediately and spent our honey- EULOGY FOR MAUREEN MANSFIELD DELIVERED man who was a symbol of decency and moon traveling around Europe with BY SENATOR MIKE MANSFIELD, SEPTEMBER humility in the Senate and throughout Mile and Muareen. 26, 2000 his public service career. Honesty and Mike served as Senate Majority 1929 integrity will always be words that will Leader for 16 years-longer than anyone We met—She was 24 and I was 26. be associated with this great man. We in Senate history. He was extremely She was a high school teacher; I was a have lost a friend and one of the great involved in the civil rights movement, miner in the Copper mines of Butte. Members of the Senate. I know that a critic of the Vietnam conflict, and an She was a college graduate; I had not fin- Republicans and Democrats will feel advocate of health care legislation. He ished the 8th grade. was a man who was convinced that the She urged me to achieve a better edu- this loss for a long time to come. I cation. I followed her advice and with her know his words and the speeches that true strength of the Senate lay in the help, in every way, we succeeded. were read by the majority leader will center and not on the right of the left. She took me out of the mines and brought be here for us to remember a great Partisan politics was not his style, and me to the surface. leader and give us guidance as we go his success lay in the fact that he was 1932 through the trying times we are facing an honest, straight shooting individual We were married in Missoula during the in our country today. who cooperated and worked with both great depression. Thank you, Mr. President. I yield the sides of the aisle. She gave up her teaching job. floor. We have lost a great statesman and a She cashed in on her insurance. Mr. HOLLINGS. Mr. President, it is fine man who served his country well. She brought what little savings she had an honor for me to pay tribute to my The distinguished Senator from Mon- and, she did it all for me. former Senate leader, Mike Mansfield. tana was my role model. He believed in 1940 The State of Montana and the United getting things done. In order to get Maureen was very politically oriented—I States have lost a great man, a valiant things done, you have to listen and let was not. everyone be heard. But once done, then She urged me to run for Congress. soldier, a dedicated statesman, and a We campaigned together. gentleman of a breed we don’t see move on. He was particularly kind to me be- We finished next to last. enough of these days. The day after the election she put us on Mike Mansfield was a revered figure cause I was just a freshman Senator in the campaign trail for the next election and whose distaste of partisanship led the 1966. He had me immediately on what we won. Senate to accomplish great deeds for we call the policy committee. I then, in 1942 1971–1972, chaired the campaign com- civil rights, voting rights, and foreign Maureen was largely responsible for our relations during Vietnam, the cold war, mittee for the Democrats on this side election to the House of Representatives. and the Watergate scandal. His leader- of the aisle. Almost every summer she drove herself It so happened that I was off on a trip ship emphasized equality, cooperation, and our daughter, Anne, to Missoula—5 days just after my wedding in 1971. Senator and fairness which were marked by his and 3,000 miles. Mansfield was asked by President Why? To campaign for us and in personal style of leadership. He was Nixon to coordinate and communicate considered a quiet man who did not 1952 the 10-percent surcharge on imports care for self-promotion, often answer- She got us elected to the U.S. Senate. with about 10 country heads in Europe ing questions with a ‘‘Yep,’’ ‘‘Nope,’’ 1977 and in Africa and Morocco. He called ‘‘Maybe,’’ or ‘‘Can’t say.’’ Although he We decided—after talking it over, to retire. me. I was in Canada. He called and I We did not owe anything to anybody—ex- was not known as an orator, his simple came immediately back down to the statements and words were extremely cept the people of Montana—nor did anyone Andrews air base. We boarded the owe anything to us. effective. He said in eulogy for John F. plane, and we went to Helsinki, Nor- 1977 Kennedy, ‘‘There was a sound of laugh- way, Denmark, France, Germany, ter; in a moment, it was no more. And President Carter asked me if we would be Italy, Spain, Morocco, of course, Lon- interested in becoming the U.S. Ambassador so she took a ring from her finger and don, several, a couple other countries, to Japan. Maureen thought we should accept placed it in his hands.’’ In his quiet he and his wife Maureen and my wife and we did and when President Reagan called manner, he managed to guide a excep- Peatsy and myself. and asked us to stay, we did for almost 12 tionally productive Senate during a Watching him, how he responded and years. turbulent political era which could acted and more or less chaired those 1988 have become bogged down had he not meetings with the heads of state was Around Xmas Maureen almost literally been able to work with both Repub- really an inspiration to me. He was so forced me to go to the Naval Hospital at licans and Democrats alike. direct, so much to the point. We have Yokosuka, which sent me to the Army Hos- Mike was a Representative and Sen- so much in the field of political cor- pital at Honolulu, which sent me directly to ator from Montana who came to Con- Walter Reed Army Hospital where I had rectness now. Mike Mansfield was al- heart bypass and prostate operations. Again gress after dutifully serving his coun- ways politically correct, but he didn’t try in the military during WWII. At 14, it was Maureen. bother around with all those nuances. 1989 he stretched the truth about his age in He was the finest of Senators and order to enlist in the Navy. He then leaders in the history of this body. We came home. went on to serve in both the Army and The best of Mike Mansfield was more 1998 the Marine Corps. Having returned or less said by himself in a eulogy to Illness began to take its toll on Maureen. from duty in 1922, he worked as a his wife at the time of her funeral just On September 13, 2000, less than 2 weeks ‘‘mucker’’ in the copper mines of last year. I included that eulogy. He ago, we observed—silently—our 68th Wedding Anniversary. Butte, Montana where he met Maureen permitted me to put it in the RECORD Maureen and I owe so much to so many Hayes. In 1932, he married Maureen because I knew he had friends all over that I cannot name them all but my family who is said to have played an essential the country and the world. They want- owes special thanks to Dr. William Gilliland, role in his remarkable career. She was ed to be with him in that trying mo- and his associates, who down through the the person who convinced him to go ment. I knew that they would, more last decade did so much to alleviate back to school, run for Congress, and than any, appreciate the real Mansfield Maureen’s pain and suffering at Walter Reed become U.S. Ambassador to Japan flavor if they could just hear him. Army Medical Hospital—one of the truly under President Carter and President The most eloquent of all tributes to great medical centers in our country. be paid to Mike Mansfield was sort of We also owe special thanks to Gloria Za- Reagan. pata, Ana Zorilla and Mathilde Kelly Boyes He was elected as the Senate Major- paid to himself when he made the eu- and Ramona the ‘‘round the clockers’’ who ity Leader in 1961, 5 years before I was logy to his charming wife Maureen, and took such loving care of Maureen for the last elected to the Senate from South Caro- I ask unanimous consent that that be two years on a 24 hour day, seven day week lina. I remember in 1971 when I was in printed in the RECORD. basis.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10352 CONGRESSIONAL RECORD — SENATE October 9, 2001 MAUREEN MANSFIELD That spoke volumes to this freshman not just numbers on a page. These are She sat in the shadow—I stood in the lime- Senator. It said something else to me men and women. These are moms and light. about a man who has had so many ac- dads who up until just a few weeks ago She gave all of herself to me. I failed in recognition of that fact until too colades. But I saw a man that was thought they had good paying jobs, be- late—because of my obstinacy, self truly walking humbly with his God. lieved they would be able to pay their centeredness and the like. That is what I wanted to come to the bills, and were saving to send their She sacrificed much almost always in my floor of the Senate to share. children to college. They believed their favor—I sacrificed nothing. I yield the floor. future was secure. She literally remade me in her own mold, The PRESIDING OFFICER. The Sen- These layoffs are going to affect com- her own outlook, her own honest beliefs. ator from Missouri is recognized. What she was, I became. Without her—I munities all across the country. St. would have been little or nothing. With her— f Louis; Kansas City; Springfield, MO, she gave everything of herself. No sacrifice STRUGGLING TOGETHER WITH have about 14,000 airline workers, and was too little to ignore nor too big to over- TERRORISM they will be hard hit by these layoffs. come. The Boeing layoffs will also cause She was responsible for my life, my edu- Mrs. CARNAHAN. Mr. President, hardships for every family in Everett, cation, my teaching career, our elections to grief has changed the face of America. WA, and Wichita, KS. Any city that is the House and Senate and our selection to We are a tear-stained nation, but in home to a large hub airport—Pitts- the Embassy to Japan. spite of that, we are united as never be- She gave of herself that I could thrive, I burgh, Cleveland, Salt Lake City, Den- fore. Americans are wearing symbols could learn, I could love, I could be secure, I ver, Dallas, Chicago—will feel the ef- on their lapels. They are displaying could be understanding. fects of these layoffs. She gave of her time to my time so that flags from their cars and windows, and together we could achieve our goals. they are donating millions of dollars to Once the airline safety bill is under I will not say goodby to Maureen, my love, victims’ families. America has re- consideration, I will offer an amend- but only ‘‘so long’’ because I hope the Good sponded, as we always do, with patriot- ment. It will provide meaningful as- Lord will make it possible that we will meet sistance for airline industry workers at another place in another time and we will ism and purpose. then be together again forever. Today, we are uniting further in sup- who have lost their jobs as a result of the September 11 attacks. Mr. NELSON of Florida. Mr. Presi- port of our troops flying dangerous dent, I go from the debate, along with missions in Afghanistan. This is the My amendment will do three things: my good chairman and leader, Senator first step in a prolonged campaign First, it will provide income support HOLLINGS, that tends to get one’s blood against terrorism. It is a necessary because many of these families live pressure up over the fact we are having step, and it was directed at the right from paycheck to paycheck. to spend 30 hours debating the airline targets—the Taliban government, Second, it will provide job training so security bill, to now go to the subject which has given safe harbor to terror- employees can prepare to work in other of great sadness over the passing of one ists and to organizations such as theirs industries, or new jobs within the air- of the greatest leaders that the Senate for far too long. line industry. Americans are also united in sym- has ever produced: Senator Mike Mans- Third, it will give health care bene- pathy with the Afghan people. While field. fits so workers can stay in their health our bombers were flying over Taliban Growing up in my political adult life- plan and keep their doctors while they strongholds, our C–17s were dropping time, of course, he has always been are looking for work. someone to whom I have looked up. He food to the refugees. Congress has also was someone I looked up to while I was responded to the September 11 attacks The benefits in my proposal would be in college because he was already an with unity and determination. We available to employees of airlines, air- established leader. He was an assistant came together to support the people of ports, aircraft manufacturers, and sup- to the majority leader, Lyndon John- Washington and New York by pro- pliers to airlines. son. He reigned because he was loved viding $40 billion to begin the relief ef- Obviously, airline industry employ- and respected as majority leader for an fort. We came together to support the ees are not the only ones who are los- unprecedented 16 years. One of the President and our military by author- ing their jobs. When we do an economic greatest compliments I have read in izing the use of force in this new strug- stimulus package, I believe we should the commentary since his death was gle with terrorism. We came together address the problem more broadly. But made by one who was on the other side to aid our airlines by enacting a $15 bil- the impact on the airline industry has of the aisle, Senator Scott, who paid lion stabilization package, and with been abrupt, immediate, and severe. him an extraordinary compliment that the vote today in favor of cloture, we Congress acted quickly and decisively he was one of the finest men he had are poised to increase airline security. to provide $15 billion of assistance for ever met. We are now focused on our military the airlines, and we should act with the The fact that Senator Mansfield was action abroad and security issues at same level of urgency for the airline selected by administrations of both home, but we also need to deal with the industry workers. parties to represent this Nation in the severe economic problems the Sep- It is interesting, when we did the air- nation of Japan as our Ambassador for tember 11 attacks have caused. Our airline bailout, I did not hear my col- an unprecedented long time also speaks lines are now flying and their short- leagues saying we should wait until we volumes. term economic crisis has been resolved. came up with a package to help other But the reason I felt compelled to Now we must come together behind the industries that were impacted by the come to the floor today was to share men and women who are the heart and attack. But now, when it comes to the with the Senate my observations of soul of the airline industry—the work- workers, all of a sudden some argue we Senator Mansfield in the last few ers. The layoffs announced in the air- need to slow down. months, for I had never really known line industry since September 11 are We did the right thing for the air- Senator Mansfield except when I saw staggering. We need only look at this lines when we acted quickly. We should him faithfully every Wednesday as he chart to see Boeing, 30,000; American do the same thing for the workers as attended the Senate prayer breakfast. Airlines, 20,000; United Airlines, 20,000. well. It is a private meeting completely off The list goes on and on. Twenty to the record where Senators can come thirty percent of Boeing’s orders for Another criticism of this proposal and share what is on their hearts. Who new aircraft have been cancelled, and has been assistance is already available was the first one there every Wednes- they plan to lay off as many as 30,000 for displaced workers, and there is no day? None other than Senator Mans- workers. Then there are the airport need to provide additional help. field at age 98, as much a participant in workers, the concessionaires, and the I have modeled my package of bene- that activity every week as anybody workers who make the airlines’ meals. fits on the Trade Adjustment Assist- else in the room, often with many of us The total number of announced lay- ance Act, which provides benefits to deferring to him for his political, pro- offs in the industry is 140,000, and that workers displaced due to products im- fessional, and spiritual guidance. figure may continue to rise. These are ported into the United States.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10353 The Trade Adjustment Assistance ployees have been dealt a severe blow sional legislation to assist the airline indus- Act provides additional assistance be- and deserve help. Our Governors have try, which has suffered incredible financial yond standard unemployment insur- also known many communities around losses. However, we believe that the Congress ance. It also provides resources to re- the country are going to be hard hit. should also provide assistance to displaced train laid-off workers so they can get As Carl Sandburg once reminded us, workers who have been laid off as a result of back to work. ‘‘We are Americans. Nothing like us the ongoing security crisis. Airlines and re- In passing the Trade Adjustment As- ever was.’’ lated employers are laying off tens of thou- sistance Act, Congress determined to Now is the time for us to stand to- sands of workers, and industry experts are support workers who lose their job due gether, and that means standing to- estimating that more than 130,000 people to the vagaries of international trade. gether behind our industries and our could lose their jobs. These displaced work- Can we not again determine that work- workers. Every day we delay, our econ- ers are going to need financial assistance— ers who are laid off as a direct result of omy suffers. Every day we delay, fami- and because we do not know how long they will be out of work, it is important for the a terrorist attack on the United States lies struggle to pay bills. Every day we federal government to act now to ensure also deserve assistance? delay, children go without health in- that the necessary assistance is available to The primary difference between my surance. Let us do what is right for those who might need it. amendment and the Trade Adjustment those who need it most. S. 1454, the Displaced Workers Assistance Assistance Act is the inclusion of I am pleased my proposal has re- Act, would provide financial assistance, health care coverage for the displaced ceived bipartisan support, and I hope it training, and health care coverage to those worker. We have had lots of discussion will be adopted by the Senate. I ask workers displaced due to the attacks of Sep- during this Congress about how to ad- unanimous consent that a letter from tember 11, 2001. The benefits would be dis- the Air Transport Association and a tributed within the framework created by dress the problems of the uninsured. the Trade Adjustment Act. Today is the chance for Members to letter from a tripartisan group of 13 We are writing in support of S. 1454. States, take a courageous step that will pre- Governors be printed in the RECORD. of course, will finance the initial 26 weeks of vent 140,000 workers and their families There being no objection, the letters unemployment assistance. However, federal from joining the rolls of the uninsured. were ordered to be printed in the financing of an additional 52 weeks of unem- Some have also said the best way to RECORD, as follows: ployment insurance and the extension of health coverage will protect those unem- help workers is to keep the airlines AIR TRANSPORT ASSOCIATION, going. That is about half right. We did Washington, DC, October 1, 2001. ployed workers that might not otherwise have a safety net. The additional funding to the right thing helping the airlines, Hon. TRENT LOTT, Republican Leader, U.S. Senate, help train those individuals who cannot be and that has protected thousands of expected to return to the airline industry, jobs. The assistance bill did not do any- Washington, DC. DEAR MR. LEADER: The member airlines of and those who would need new training to thing for those workers who were put the Air Transport Association deeply appre- prepare for a different job within the indus- out of a job or have no immediate pros- ciate your leadership in obtaining the eco- try, is definitely needed. We also support pects of being rehired and will now nomic stabilization package enacted Sep- providing 8 months of Medicaid to those who have to seek work in an economy that tember 22. Without this assistance the very do not qualify for COBRA coverage, and 26 has slowed. viability of the industry would have been in weeks of unemployment compensation to Last week, the President highlighted question. those who would not normally be eligible for Even with the adoption of the airline sta- their state programs. three things that should dictate the It is difficult at this time to determine way we undertake efforts to stimulate bilization package many of our members have found it impossible not to furlough how long our displaced workers will be out of the economy and help displaced work- large numbers of employees. Just as the eco- work. Obviously, they are going to need fi- ers. He said we should take actions nomic disaster that has befallen the airline nancial assistance. States will do their job to that will, first, encourage economic industry is the result of our being used as an assist these vulnerable citizens, but we need growth. Second, we should be bipar- instrumentality of the terrorists, these dedi- the federal government to help provide the tisan and instead of creating new pro- cated employees face very serious adverse funds to do so. Please work with us to enact S. 1454. grams, we should make use of the pro- economic consequences. These employees, along with those still working, are the back- Thank you. grams that already exist and make Sincerely, them work better. I strongly agree. bone of our industry. We are working very hard to put this difficult period behind us 13 STATE GOVERNORS. My amendment is consistent with and, hopefully, bring them back as soon as Mrs. CARNAHAN. I suggest the ab- these principles. First, it will encour- the economic situation allows us to. sence of a quorum. age growth by providing income assist- In the meantime, we strongly support the The PRESIDING OFFICER (Mrs. ance and job training benefits to air- prompt adoption of legislation to provide CLINTON). The clerk will call the roll. line employees who have recently been these workers with displacement assistance The legislative clerk proceeded to laid off. including extended unemployment benefits, call the roll. Second, the amendment has bipar- training and retraining, and the continu- ation of health care coverage. It is only fair The PRESIDING OFFICER. In my tisan support. Senators FITZGERALD, and reasonable that we ensure that adequate capacity as a Senator from New York, BROWNBACK, and GORDON SMITH have provisions are made for the basic protections I ask unanimous consent that the signed on as cosponsors. for the workers who face extreme economic quorum call be rescinded. Without ob- Finally, it makes use of an existing hardship in the weeks and months ahead. jection, it is so ordered. program, the Trade Adjustment Assist- The airlines and their workers are inex- f ance Program, that was put in place to tricably linked in the battle against ter- help displaced workers in times of rorism. We must ensure that all participants RECESS need. are adequately protected, and we urge the The PRESIDING OFFICER. Under prompt enactment of worker relief legisla- While the President’s plan is a step the previous order, the hour of 12:30 in the right direction, I believe we need tion. Sincerely, having arrived, the Senate stands in re- stronger action at this time. As we did CAROL B. HALLETT, cess until the hour of 2:15 p.m. with the bailout and the disaster relief President and CEO. There being no objection, the Senate, package, we need to act boldly. We at 12:30 p.m., recessed until 2:15 p.m. need to make sure those airline indus- OCTOBER 1, 2001. and reassembled when called to order try workers who were laid off suddenly, Hon. TOM DASCHLE, by the Presiding Officer (Mr. CLELAND). with no time to make preparation, re- Senate Majority Leader, U.S. Senate, Mr. FEINGOLD. Mr. President, I sug- ceive immediate assistance, obtain re- Washington, DC. gest the absence of a quorum. training, and are able to retain their Hon. TRENT LOTT, The PRESIDING OFFICER. The health care. The President’s package Senator Minority Leader, U.S. Senate, clerk will call the roll. does not guarantee these benefits for Washington, DC. The assistant legislative clerk pro- DEAR SENATORS: We applaud the Congress’ everyone covered by my amendment. timely response to appropriate funds for re- ceeded to call the roll. I am extremely pleased this amend- covery and relief efforts in the aftermath of Mr. WELLSTONE. Mr. President, I ment is being supported by the airline the devastating attacks of September 11th. ask unanimous consent the order for industry. The airlines know their em- Likewise, we strongly supported Congres- the quorum call be rescinded.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10354 CONGRESSIONAL RECORD — SENATE October 9, 2001 The PRESIDING OFFICER. Without ferent ideas. People of good conscience I thank the majority leader and the objection, it is so ordered. can disagree. That always is the case, whip, Senator REID, for their commit- f including now as well. ment. I am committed to this fight. We I have to say I don’t really know how are unified as a country. There is no AVIATION SECURITY ACT any Senator, Democrat or Republican, question about it. We have to be our Mr. WELLSTONE. Mr. President, I can go home, after we have provided own best selves. To me, part of being am not going to take long. I know $15 billion of help for the airline indus- your own best self is to speak out and there are other colleagues who are try—which we should have done; I advocate for people you love and be- going to want to speak, but I do want don’t think they are playing Chicken lieve in who need help. That is what we to talk about where we are right now Little crying that the sky is falling are talking about right now. in this Senate Chamber. I want to try in—now and be unwilling to provide Mr. REID. Mr. President, will the to do that not in an abstract way but the employees with help. Senator yield for a question? in relation to what is happening Senator CARNAHAN has an amend- Mr. WELLSTONE. I am pleased to throughout the country and, particu- ment, in which a number of us have yield. larly, I want to talk about my State of joined—it makes all the sense in the Mr. REID. It is my understanding Minnesota. world—extending unemployment insur- that the Senator has offered a resolu- Yesterday we had a field hearing in ance to a full year, picking up the cost tion—in fact, did so last week—com- Minnesota. It was a formal hearing of of COBRA or helping people get Med- mending the Capitol Police for the val- the Subcommittee on Employment, icaid assistance—when you lose your iant work they did on September 11 Safety and Training of which I am job, the other thing that is so terri- and what they have done since then; is lucky enough to chair. It was just ab- fying in our country is, you lose your that true? solutely packed with people. I am not health care coverage for yourself and Mr. WELLSTONE. That is true. I did sure that is good news. I think it was your loved ones—making sure that offer an amendment, and I was hoping packed with people because we have that is there, making sure the funding that every single Senator would sup- had a sharp economic downturn, and it is there for training. I am just amazed port it. I thought on Thursday or Fri- affects a broad section of the popu- at the opposition to this amendment. I day maybe the whip could help me out. lation in Minnesota and around the am amazed that we have been having I actually submitted it. I didn’t want country. to go through cloture votes, and now to make a big hoo-ha about it. I wanted I said yesterday that I cannot re- people want to burn up yet more time. to thank the Capitol Police and member—and I think I said this to the For my own point of view, I don’t thought maybe we would pass it by distinguished Presiding Officer—an- think we should move. Senator HOL- unanimous consent. Then we could other time in my adult life when I ever LINGS is right that one of the best ways send it out and let everyone know we felt as if our country was facing three to get this industry back on its feet is have expressed our appreciation. challenges or crises and all at the same to have people think they are safe. God My understanding is, it has been time. knows the whole notion of federalizing blocked; is that correct? One of them has to do with the world the security forces is what the vast Mr. REID. That is my understanding. that we live in—military action, use of majority of people are for. That is ap- We wanted that cleared last week, but force in Afghanistan. I have said back parently being opposed. There are somebody is holding this up. My friend home that I very much want this ac- other colleagues who talk about Am- knows how holds work. We have a gen- tion to be successful. I think it is ter- trak and say there has to be a commit- eral idea from where they come but not ribly important that it is with the ment to that as part of our transpor- specifically from whom. I say to the most careful targeting. I think it is es- tation system. They are right. Senator from Minnesota, he has always sential that we do everything we know What I want to relate today is what been such a supporter of the Capitol how to do to minimize the loss of inno- Senator DAYTON and other colleagues Police. He has always been thoughtful cent civilian life. from Minnesota, Democrats and Repub- and kind to them. I have seen that as I pray for the men and women of our licans, heard at our field hearing, he walked through the Capitol. I per- armed services, and, frankly, I pray no which was all the employees, 4,500 peo- sonally am so grateful for the work innocent Afghan, or anyone else, is ple out of work, who were asking: What they have done. Prior to September 11, killed in this process. about us? You helped the industry. I always felt really strongly about the I had a chance to talk with the Am- Fine. But what about working fami- work they did. Since September 11, my bassador to Pakistan today and was lies? What about us? emotions have run much higher. asking her how things were going in I said about a week ago now that I I commend the Senator from Min- her country. And she, too, talked about believe the people values are coming nesota for this resolution. I want him how it is so important that what we do out in the country. September 11 and to know we are going to continue to militarily, and in many other ways, we beyond, people really are very com- talk about this resolution until it is do in the right way. Whatever we do mitted to helping one another. I can’t cleared. Otherwise, we will try to fig- has to be consistent with our own val- quite figure out why that has not ex- ure out a way to get a vote on it so ues. That means, above and beyond the tended to the Senate. anyone who has the audacity to stand use of force, dealing with the humani- There will be plenty of discussion and not say to the Capitol Police they tarian crisis, dealing with the massive about this in the Chamber, but as far have done a good job will have to come hunger and starvation in Afghanistan, as I am concerned, this is the place we forward and be counted. and doing everything we can to mini- draw the line. This airline security bill Mr. WELLSTONE. Mr. President, I mize the loss of civilian life. has to pass. If there is opposition to will not speak much longer. Let me say Then there is the whole question of federalizing part of the security forces, to the whip—who, by the way, also was physical security in our own country. so be it; we will vote on it. If there is a member of the Capitol Police, the Today Chairman KENNEDY and the opposition to providing the help to em- only one in the Senate—I thank him. I HELP Committee had very powerful ployees I just outlined, the Carnahan don’t even want to make a big deal of hearings. The distinguished Chair tes- amendment, then we will vote on it. If this. In fact, I am almost embarrassed tified about his work and some of his there is opposition to other amend- about it. This now is going to become legislation as to what we need to do to ments, then we will vote on them. a point of contention? I am a pretty better defend our own homeland. Then I just can’t, for the life of me, under- good rabble-rouser. I didn’t think this there is economic security. What I rise stand the opposition. I can’t under- would be something on which we would to discuss briefly is my indignation stand why we wouldn’t want to help have to go this far. about some of the opposition and people flat on their back. Frankly, I My hope is that it will pass. I say to delay. Quite often, one person’s polit- don’t want to go back home to Min- the whip that I would like to get his ical truth is another person’s political nesota and face these employees and help, that if this doesn’t clear today, horror. We are all different, and polit- tell them that Congress was unwilling then I will prepare an amendment. I ical truth can be illusive. We have dif- to provide the help. would love to have the whip’s support

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10355 and do it with him. We will just come country who have been affected, all of The PRESIDING OFFICER. Without out here and have a debate, I suppose, the other people who are losing their objection, it is so ordered. if Senators are opposed to the resolu- jobs, whether it be in the tourism in- Thereupon, the Senate, at 2:54 p.m., tion of support. Above and beyond dustry, hotel/restaurant, related to recessed until 4:30 p.m.; whereupon, the that, we are talking about a lot of Cap- tourism, whatnot, whether it be small Senate reassembled when called to itol Police. They are working 6 days a businesses, or whether it be people in order by the Presiding Officer (Mr. week, 12 hours a day. Frankly, the high-tech. There are a lot of people JOHNSON). whip discussed this with me. Above and right now who are out of work. A lot of The PRESIDING OFFICER. The beyond just the resolution saying small businesses lost some of their Chair, in his capacity as a Senator ‘‘thank you for your support,’’ the business, and they never had a lot of from South Dakota, notes the absence other point is the additional resources. capital to rely on in the first place. of a quorum. The clerk will call the With all due respect, there will have to So I just say to colleagues that we roll. be additional resources to go to them are in a serious recession in our coun- The assistant legislative clerk pro- for them to be able to do this job. try. These are hard economic times. We ceeded to call the roll. I thought when I came back that this need to put a stimulus package to- Mr. DORGAN. Mr. President, I ask resolution would have been passed. I gether next week. We need to have the unanimous consent the order for the wouldn’t have thought there would stimulus package large enough to quorum call be rescinded. have been any controversy. I thought make a difference. It has to be some- The PRESIDING OFFICER. Without we then could notify the police. thing that focuses on getting money objection, it is so ordered. Now what we will do is talk about it into the hands of consumers—those f who will make purchases right away. It for a day or so. We will keep asking CLASSIFIED INFORMATION who is holding it up. We will keep ask- has to take effect within the next cou- ing why. It is hardly a way to say ple of months, frankly, to really make Mr. DORGAN. Mr. President, about a thank you to the police. And if nec- a difference. There are a lot of people half hour ago, President Bush was in essary, we will have an amendment on who, A, could use the help and, B, this the Rose Garden for a ceremony. Dur- it. would put purchasing power back into ing the question-and-answer period, the Mr. REID. I say to the Senator, I am the economy. Unemployment benefits President expressed some great con- hopeful and confident that it is just a need to be extended and improved. cern—in my judgment, justifiable con- misunderstanding. Otherwise, we will There is the health care coverage for cern—about the leaking of classified have to move forward as the Senator people and child care expenses, and information that was given to some from Minnesota has indicated. there is the workforce development and Members of Congress. Apparently, at work training that is so important. least a couple Members of Congress, on f There are ways in which we can invest a couple of occasions, have leaked that EXTENSION OF MORNING in rebuilding crumbling schools and af- information to the press. BUSINESS fordable housing and creating jobs at In my judgment, the President has Mr. REID. Mr. President, I ask unan- the same time. There is a whole lot we every right to be very upset about imous consent that the Senate stand in need to do, and we need to do it now. that. This country has asked its young a period of morning business until the That is part of the crisis that is staring men and women in military service to hour of 4 o’clock today with Senators us in the face. Yet we are in morning risk their lives in this time of national allowed to speak therein for a period of business for another 2 hours this after- emergency. As they undertake military up to 10 minutes each. noon. operations in parts of the world that The PRESIDING OFFICER. Without I just wanted to make it clear that— are thousands and thousands of miles objection, it is so ordered. and I think I am speaking for other from here, it ill-serves our country’s Mr. REID. And that the time con- Democrats—we are not giving any interests to have any Member of Con- tinue to be charged against the under- ground on getting help to the aviation gress, under any circumstance, at any lying matter before the Senate; that is, employees and others, and we are going time, going to a classified briefing and on the motion that is postcloture. to do it this week on this bill. We are then disclosing the information from The PRESIDING OFFICER. Without not going to give any ground on safety, that classified briefing to a member of objection, it is so ordered. and we are going to pass this bill this the press. week. We are also going to move on f The solution, I might say, is not, and get serious about an economic however, for the administration to stop AVIATION SECURITY AND THE stimulus package as well. briefing the Congress about classified STIMULUS PACKAGE I yield the floor. material. The solution, I would urge Mr. WELLSTONE. Mr. President, I Mr. REID. Mr. President, I suggest the President, would be for us to find was actually thinking about reading the absence of a quorum. out which Member of Congress has some of the descriptions and testimony Because of the unanimous consent leaked classified information and then of some of the people who spoke yester- agreement, I ask that the time con- make certain that this Member of Con- day. tinue to run on the motion to proceed gress—House or Senate—is not given Let me just say one more time that because it is the same morning busi- classified information in the future. on this one, we don’t budge until we ness we asked it to run against; is that I know this is a difficult area and a get the help for the employees. That is right? difficult set of circumstances, but this The PRESIDING OFFICER. The Sen- all there is to it. If that is the dif- country faces some very difficult days ference between Democrats and Repub- ator is correct. The clerk will call the roll. ahead. licans, so be it. That would make me The assistant legislative clerk pro- The September 11 terrorist attacks proud to be a Democrat. If it does not ceeded to call the roll. that were committed against this end up being the difference between Mr. REID. Mr. President, I ask unan- country changed almost everything. Democrats and Republicans and we do imous consent the order for the The need for security is quite evident it in a bipartisan way, all the better. quorum call be dispensed with. to almost everyone in this country. But we are not waiting any longer. I The PRESIDING OFFICER. Without The terrorist attacks require this am not going back home again this objection, it is so ordered. country to respond. The President had weekend trying to explain to people f no choice. We cannot ignore those at- how in the world the Senate could not tacks. We had to respond to those at- provide them some support. RECESS tacks. And the President has the full My final point is, the truth is, we Mr. REID. Mr. President, I ask unan- support of the American people in his need to be doing this business and more imous consent that the Senate stand in response, in my judgment, and cer- because, frankly, we have something recess until the hour of 4:30 p.m. today tainly the full support of the Congress. else that is ahead of us, which is all the with the time charged against the But I just want to say that the Presi- other people in Minnesota and in the postcloture proceedings. dent was dead right this afternoon in

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10356 CONGRESSIONAL RECORD — SENATE October 9, 2001 expressing anger about the disclosure— wheat and barley are not significant bill signed into law before the end of the unlawful disclosure and unauthor- enough, when compared to other crops. this year. That way, family farmers ized disclosure—of classified informa- They are far too low in the House bill. who go into the fields next spring will tion. Members of the House or the Sen- So we need to make some adjustments understand what the new farm bill will ate who would disclose classified infor- to that piece of legislation. be and will be able to plan accordingly. mation to the press that they received Farm benefits ought to be better tar- It will certainly be better than the in classified briefings do no service to geted to family farmers, in my judg- Freedom to Farm bill, a bill that has this country. ment, as well. We have had the devel- undercut the interests of families try- I would hope the administration and opment in this country of these giant ing to make a living on a family farm. the President, rather than deciding agrifactories. Well, that is not what we Very few people in this country have they will not share that information are trying to preserve. If this isn’t seen their income cut as dramatically with Congress, would decide that they about preserving family farms, families as the average family farm income has would sanction those who have misused that are trying to live out their lives in been cut over the years. This loss of in- that classified information. the country and make a living on the come, then, is somewhat ironic. We are In order for Congress to do its work, family farm, if that is not what this is dropping food into Afghanistan because and in order for the committees in Con- about, then, in my judgment, we do not people are on the abyss of starvation; gress to do their work, information need a farm bill. we hear reports of old women climbing must be made available, even classified Abraham Lincoln started the Depart- trees in Sudan to forage for leaves to eat; and one-half a billion people go to information. But the President is cor- ment of Agriculture with nine employ- bed every night with an ache in their rect that information must be treated ees in the 1860s. As you know, a cen- belly because it hurts to be hungry. All as classified, treated as top secret, and tury and a half later, it is a behemoth told, thousands of children die every cannot be given to the press. An unau- organization. If a farm bill is only to day from hunger and hunger-related support the giant agrifactories of the thorized disclosure, in my judgment, causes. Yet the farmers of South Da- world, then count me out. But if it is to undercuts this country’s interests. kota and North Dakota and Kansas and I hope the President’s admonition support family farms, I say: Good; it is Montana and Nebraska are told, when today, and I hope the discussion by important. And it is important to this they load their truck with wheat or other Members of Congress about this, country’s future that we maintain a barley and take it to the country ele- will convince the administration they network of family farm food producers. vator, that which they produce has no ought to continue the briefings. They There is a national security interest value. They are told the food somehow are helpful and important as a part of as well for the Senate to do a farm bill. has no value, that the price is collapsed this process. But some of us in Con- The House has done the bill, so we also because it is not worth very much. It gress full well understand the Presi- ought to do it before we adjourn, in the seems to me that much of the world is dent’s concern about the unauthorized interest of national security. placing great worth on that which we leaks that have occurred. What is the national security inter- produce in great abundance on Amer- f est? The other evening on national tel- ica’s farms. evision, they described a feedlot with THE FARM BILL If we can’t find a way to connect that nearly 200,000 cattle in it over the year. which we produce to those who need it, Mr. DORGAN. Mr. President, last This is a giant agricultural enterprise then we are not thinking hard. The sur- week the House of Representatives that brings large numbers of cattle to- est road to stability and peace in the passed a new farm bill. That piece of gether and feeds them in a huge series world is to try to help people who are legislation is an important step for- of feedlots. They talked about the po- hungry. We must place a value on the ward because most of us believe the tential of bioterrorism entering the food our family farmers produce. current farm bill does not work. The food supply, and how convenient it Again, there is a disconnection there so-called Freedom to Farm bill, in fact, would be for those giant agrifactories somewhere. We need to find it and re- has been a disaster for family farmers to be a target for efforts in bioter- connect it. now for many years. It had no ability rorism. Let me again say, I hope in the com- to help farmers during tough times to It seems to me a broad network of ing couple of weeks we will, in the Sen- provide for disasters and collapses in family producers across this country ate, make it a priority to write a farm commodity prices. Because of this, tends to thwart that. bill, bring it to the floor, and go to con- each year Congress has had to come up Security of America’s food supply is ference with the House. We have that with emergency funding at the end of best achieved by a network of family obligation to our family farmers. That the year. farms producing America’s food. That ought to be our responsibility now. It We did that. We did not do enough, is why a farm bill is so important. is not only good for family farmers; it but we did some each year to try to re- We have the obligation and the op- is good for American security inter- pair the hole in the so-called Freedom portunity in the Senate to do the right ests, for food security interests to do to Farm bill. That bill now expires at thing. Between now and when we leave that. I hope we will do it soon. the end of next year and needs to be re- at the end of this session of Congress, I yield the floor and suggest the ab- placed. we should pass a farm bill, go to con- sence of a quorum. The House of Representatives, God ference, reach agreement with the The PRESIDING OFFICER (Mr. bless them, said: No. We should not House, and then send a farm bill to the CORZINE). The clerk will call the roll. wait until next year. We should write a President that he will sign. I under- The assistant legislative clerk pro- new farm bill now. And it ought to be stand the President says he doesn’t ceeded to call the roll. Mr. HOLLINGS. Mr. President, I ask in place for the next crop-year when support the bill passed by the House of unanimous consent that the order for people go into the fields next spring. Representatives. The fact is, however, the quorum call be rescinded. We in the Senate now have the obliga- if it is not his priority, it is ours. We The PRESIDING OFFICER. Without tion to do the same, and I believe we ought to write a good farm bill and objection, it is so ordered. will do the same. send it to him. With respect to the bill that the I believe at the end of the day he will f House of Representatives enacted last support it because the House passed it AVIATION SECURITY ACT—MOTION week, let me say this: I think it is bet- with a veto-proof majority. I would ex- TO PROCEED ter than the Freedom to Farm bill. pect a good farm bill will pass the Sen- Mr. HOLLINGS. Mr. President, what They have made progress. Good for ate with a similar majority. is the pending business? them. I commend them. I believe we ought to waste no time. The PRESIDING OFFICER. The mo- There are some things we need to do I have talked to the majority leader tion to proceed to the consideration of better than they did in the House bill. and others about it. He agrees. Let’s S. 1447. For example, in my part of the country try to do what we can do to pass a farm Mr. HOLLINGS. Mr. President, let we raise a great deal of wheat and bar- bill in the Senate, then go to con- me correct a statement I made some- ley. The loan rates, for example, for ference and see if we can’t get a farm time last week when we were checking

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10357 into the practice of other countries bers, Argenbright had the contract for one would suggest that the 669,000 ci- with respect to airport security. We the Dulles and Newark airports. vilians in defense be contracted out. were told that of the countries in Eu- Now, let’s read about Argenbright. I According to the lobbyists the Govern- rope, all were Government employed. find in an article on September 13 in ment is too big, the Government can’t That should be corrected. That is not the Miami Herald: do anything. They ought to be ashamed the case. In fact, France, Belgium, the The security company that provides the of themselves. Look at what is hap- Netherlands, and England, those four checkpoint workers at the airports breached pening. Turn on your TV if you want to countries, have contracts, but they by Tuesday’s hijackers has been cited at see what Government can do. Look at have the health benefits and the guar- least twice for security lapses. these attacks on Osama bin Laden and In its worst infraction, Atlanta-based the Taliban. I don’t know—there are anteed vacation and other benefits Argenbright Security pleaded guilty last guaranteed by the Government. It is a year to allowing untrained employees, some some 31 different military targets, with sort of hybrid situation. with criminal backgrounds, to operate 2 countries involved, B–2s coming all Of 102 countries around the world checkpoints at Philadelphia National Air- the way from Missouri, ships stationed with significant air travel systems, port. in the Indian Ocean, planes coming off only 23 use contract screeners. I think In settling the charges, Argenbright agreed Diego Garcia—all Government, Govern- that is not the point I want to make to pay $1.2 million in fines and investigative ment recruited, Government fed, Gov- costs. ernment housed, Government trained, this afternoon. . . . Argenbright was also found to have No one would suggest that we take committed dozens of violations of Federal Government deployed, with precision the security for the President of the labor laws against its employees at Los An- work that we all praise—but we can’t United States; namely, the Secret geles International Airport, an administra- get a Government airport security Service, and privatize it, contract it tive law judge ruled in February 2000. screener. Oh, no, no, that would be out. Nor would anyone recommend Here we are trying to do the work of against my ideology. No, we want con- privatizing the security that the dis- the people of America, and we don’t tracting out, privatization. tinguished Chair, myself, and other have any Senators listening. They are We now know what we are putting up Senators receive, the Capitol Police, listening to the lobbyists, the K Street with in this lobbyist crowd and the who incidentally have been working crowd, who are down here working the silly ideology that the Government around the clock, doing an outstanding different Senators, and I can’t explain can’t do anything. Well, I am proud of job. You can go on down the list, to them the problem of security at the our Government; I am proud of our de- whether it is Customs, whether it is airports. Mind you me, those who are ployment. We are going to correct this the Border Patrol, and the Immigra- falsifying records, if you please, are situation, and we are not going to have tion and Naturalization Service that now saying what we have to do is have an Executive order. I have heard word has some 33,000 personnel, no one in the contracting out; we can’t federalize. that the administration might imple- House or Senate has suggested that we Of course, that appeals to the crowd ment an Executive order to take care contract that out. that comes into public service by of it and say Congress is dragging its No one has suggested we contract out promising to get rid of the Govern- feet. the Federal Bureau of Investigation ment. ‘‘The Government is not the so- We are trying to go along and be bi- with the thousands of professionals lution, the Government is the prob- partisan and everything else because this is a bipartisan bill, reported unani- conducting the investigation right lem.’’ That is all they all talk about. mously out of the Commerce Com- now. No one suggests that they take They are thinking of what? Of next mittee. We have been ready to vote and some 669,000 civilian workers in na- year’s reelection. They are not think- take amendments, consider them and tional defense and contract them out. ing of security. They are thinking: vote upon them. But they are going to In fact, there was a suggestion by the Wait a minute now, I was going to say now that we are going to have to OMB earlier this year to do just that. downsize and get rid of the Govern- get an Executive order because we are The OMB folks called over to the Pen- ment, and now I supported 18,000 dragging our feet and can’t get secu- tagon and said: We are looking at screeners and some 10,000 other airport rity out of the Congress, mind you me. downsizing and we want to get some personnel—some 28,000 I am going to Mr. DORGAN. Will the Senator yield contracting out of 5 to 10 percent of put on the Government payroll, and for a question? your civilian workers. And the Depart- my opponent is going to say: He prom- Mr. HOLLINGS. I am delighted to ment of Defense said: That will never ised to get rid of the Government, and yield to the distinguished Senator. happen. We are in the security busi- he went and voted to add 28,000 more Mr. DORGAN. I was listening with ness. Government jobs. interest to the Senator about this issue Yet the big hangup is federalization, That is the problem—along with the of national objectives and Federal em- the Government taking over the re- blooming lobbyists. They are trying to ployees doing airport screening. I know sponsibility of security for air travel in carry out their political commitments. there are some who think there is America. They are not looking out for the safety nothing in Government that can be Now, we have tried after Pan Am 103 of the traveling public in America. The done correctly. But I say them, that back in 1988, with more training, more worst thing we have ever done is give they should go to ground zero in New hours, more supervision, extra this and the money to the airlines. They didn’t York City, the site of these terrorist extra that, to no avail; we had TWA 800 take care of the employees. I had Herb acts, and talk to the firefighters and in 1996 and again the Gore commission Kelleher, of Southwest Airlines, tell law enforcement people. They will then with more training, more supervision, me he did not furlough a single em- understand that those Government em- and what have you. And now we have ployee and maintained 100 percent ployees, those firefighters who lost 6,000 killed and 13,000 casualties. To service. But they were all going broke. their lives, were climbing the stairs of me, it will take unmitigated gall, with Why? Because the lobbyists took those twin Trade Towers even as they the recent experiences in mind, to over—the same crowd that came run- were coming down. As that fire broke come forth with a contracting out pro- ning around hollering they were all out in both buildings and people began posal. going to go broke. Here I am fighting to evacuate those buildings, those fire- Only a while ago did I learn why we to do the people’s work, and Senators fighters were going up with full are having to put up with this non- are gathered together in their offices backpacks. People told me—and I read sense. All you have to do is read Roll with all of these airline lobbyists. This reports—of seeing firefighters on the Call, ‘‘Airport Firms Form Alliance.’’ is the fifth week since September 11, 20th floor and the 30th floor, nearly out The airport firms formed an alliance and we can’t pass airline security. of breath, climbing the stairs of those with a Swedish company and call All of America wants this responsi- buildings. Those are public servants themselves the Aviation Security Asso- bility fixed within the Government. No providing a public service that is ciation. And who do they have as mem- one for a second, as I say, would sug- unmeasurable in its value to this coun- bers? The contractors that want to gest that the FBI and the Secret Serv- try. keep continuing their misdeeds. For in- ice, the Border Patrol, and Customs, or So when I hear people talk about stance, one of the association mem- any of the other security agencies—no Government workers in a disparaging

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10358 CONGRESSIONAL RECORD — SENATE October 9, 2001 way, I say this: There are a lot of peo- extra hours, and they were willing, as Mr. DORGAN. Will the Senator yield ple who commit themselves to public the Senator says, to give their life to further for a question? service in this country who, every day try to save those lives while the build- Mr. HOLLINGS. Yes. and every way, every hour, protect this ing was coming down. They thought Mr. DORGAN. I do not mean to inter- country and stand up for the interests there could be a chance they would rupt the Senator, but I was inspired lis- of this country. Yes, I’m describing the save a life or two, and they were going tening to his discussion and I want to firefighters of New York, and the law up those steps. That is fixed in my make a couple of additional comments, enforcement folks in New York and mind. concluding with a question. New Jersey and the surrounding re- We should be ashamed of ourselves It is not unusual for politicians to gion, but this public service also occurs for delaying this bill. We get all boiled compliment themselves, but the Sen- in every community across this coun- up about procedure. We have to move ator from South Carolina is not some- try, every single day. now. Once we moved 97 to 0 to cloture, one who would ever do that. So let me The Senator from South Carolina has we need to go ahead to the bill itself. pay a compliment to Senator HOLLINGS proposed, and I support, the notion Why are we not debating the bill this and also to Senator MCCAIN. The Sen- that at the 100 largest airports in this afternoon and passing it tonight? ator has brought a bill to this Chamber country we federalize the screeners There are two or three amendments. that makes good sense. He worked on who are screening baggage so that they Let us vote on those amendments. this legislation in a manner of devel- are following national standards and They could be just ideas. We are not oping a consensus, worked in a bipar- national training guidelines. It makes hard and fast, except on one thing, and tisan way, brought a bill in a very great sense to me. And with respect to that is to get airport security. Yes, timely manner, and then, as the Sen- the other airports, I believe the Sen- there is flexibility in the bill. We live ator from South Carolina has said, it ator proposed that local airports could in the real world. has been hung up now for some weeks. contract with law enforcement officials Take small, rural airports such as at It is inexplicable that in a time of na- Bamberg and Orangeburg, SC. They are and others to do the same thing. tional emergency—and it is that, not But it seems to me that—I guess I not used to having the federalization of just with respect to national security will ask the Senator this question, fi- the system, but we have to have the issues but also with respect to this nally, that we are hung up on this issue Federal standards for inspections to economy—it is inexplicable that there at this moment: The issue of aviation make certain they have airport secu- is, among some, business as usual in security is of paramount importance to rity. We do not want a plane coming the Senate. This is not business as this country. Why? Because some peo- from, say, Bamberg to fly into Char- usual. In my judgment, it ought to be lotte and then the passengers get off, ple don’t like the notion that we would a circumstance where, if someone dis- never having been checked properly, to replace the big companies that have agrees with what Senator HOLLINGS come into Washington, never having now contracted to provide this serv- and Senator MCCAIN have brought to had the proper security check. the floor, then by all means offer an ice—service where inspector after in- So that is a lesson I learned from El spector has shown us you can drive a Al, the Israeli security agents, and the amendment, make their best case and truck through the holes in the service. chief pilot at El Al. He told me, for ex- try to strip it out. Mr. HOLLINGS. Right. They decide: We don’t want to do it. ample, once that cockpit door was Mr. DORGAN. Have a record vote and Therefore, we will hold up the legisla- closed, they could be assaulting his strip it out. tion and not allow it to continue. wife in the cabin, but he does not open As I understand the circumstances, How long, I ask the Senator, have we the door. That is why, when they heard those with whom the Senator disagrees been held up on the floor of the Senate this Russian plane that had come out at this point, they are content just pre- by this ideology that says we won’t of Israel exploded and went down into venting the Senator from considering allow there to be Federal screeners at the Black Sea last weekend, they knew this bill because they do not want to the Nation’s largest airports? How immediately it was not from a bomb, have a vote. They will lose the vote, long? because for 30 years they have known Mr. HOLLINGS. We are into the fifth and lose the vote by a fairly large mar- they are not going to get anywhere. week. We are into the fifth week since They are still investigating the possi- gin. Will the Senator from South Carolina the attacks. We immediately held bility that a Ukrainian missile gone agree with that assessment? these hearings, and I called the distin- astray may have caused the crash. Mr. HOLLINGS. I agree with that as- guished Secretary of Transportation They might start a fight and hurt, say, sessment, and part of that assessment the week of this occurrence. It was on 5 people, but not 5,000. But the pilot should go right to the lobbyists. This is the following Thursday immediately immediately lands and already has law after September 11th. I said: I am going enforcement waiting to take over. actually a headline: Airport firms form to set this hearing up. I said: You can The rule used to be—and I guess still alliance. Well, they did not form an al- enhance cockpit security by installing is unless that FAA is getting going—if liance for safety or security. They reinforced cockpit doors. We found in I am the pilot and you come forward formed an alliance to feather their own Israel that once you secure that cock- and say, this is a hijacking and I want nests. They are not interested in secu- pit—and Boeing said they could ret- to go to Havana, Cuba, you say, oh, rity, and that is what the hold-up is rofit doors immediately in the next 2 yes, I always wanted to go to Cuba; over with that political stand-off of to 3 weeks, and then they will have a let’s all go to Havana, wonderful, yes— ‘‘get rid of the Government.’’ They are more secure door. They have a retrofit just go wherever the hijacker wants thinking about their reelection cam- package for the planes right now, and and get it down and then let law en- paigns next year. They are not think- if you and I were head of an airline, we forcement come. ing about the security of airline travel would immediately require this for the No, the rule has changed and ought in America, I can say that. security of our pilots. to have been changed 3 weeks ago, and Mr. DORGAN. Will the Senator yield We want pilots to fly, not fight. Once they are still dillying around won- one final time for a question? I deeply they secure that door, then you do not dering about contractors and the em- appreciate his indulgence. have disturbed individuals storming ployees. The reason this is important, aside that door as we had on that Los Ange- I actually had a meeting with the from basic safety, which I think is les to Chicago flight. That ends hijack- transportation officials, and they were paramount, is the airline industry and ing for all intents and purposes, be- talking about 9 months to a year to get commercial aviation are critically im- cause never again can they use an air this thing done. Absolutely ludicrous. portant to this country’s economy. flight as a weapon of mass destruction. We are in an emergency situation. We Prior to September 11 our economy was I do not want to pass up the elo- have men committed in battle, putting very soft, and the airline industry as a quence of the observation of the Sen- their lives on the line, and we are talk- leading economic indicator was hem- ator with respect to these firefighters. ing about maybe securing our airlines orrhaging in red ink going into Sep- They are the best in the world. They in a year’s time even though we have tember 11. Then the Government shut are not paid enough. They are working already sent $15 billion to the airlines. down the entire commercial aviation

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10359 sector, just shut it down completely. of the matter is, we have to have ac- All we do, the Senator and I, we get Now that it has begun to start up once countability. The only way to do it our ticket to go down to Miami. The again, people are leery, are worrying now is to fix it. Don’t have some secu- agent says here is your ticket; you about whether or not they want to get rity measures over here, some over have seat 9A. So I call my friend who back on an airplane. People are cancel- there, and then not check in there. has been out there for 2 years working ling trips. They are cancelling con- If you go to the onion ring security on the tarmac. He knows when I call, ferences. structure of the Israel Security Agency that is the signal. I will take the 12 The thing is, Government has the ob- and El Al, the Israeli airline, you can o’clock flight, 9A, to Miami. He is out ligation to say to those people who see exactly you can’t have any gaps. there and he goes to seat 9A and tapes have images in their head of an air- They start with the outer perimeter of a pistol or tapes a box cutter or what- plane crashing into a trade tower over intelligence. Incidentally, Senator, ever else they are using. Or you don’t and over again, we have a responsi- when I mention intelligence, harken have to wait, just go to the counter and bility to say to people we are taking ef- the New York Times article by Bobby you get your seat assignment. Then fective, decisive, and immediate action Inman, Admiral Inman, former head of you just drift around in the crowd. You to deal with security on commercial the CIA, which recounts how our intel- have already alerted your friend on the airliners in this country, and that is ligence went down, down, down, was in- tarmac and you are by the window and why there is this urgency. adequate, and brought about—indi- give the signal, 9A, and he puts a weap- Yes, it is about this industry, but rectly, obviously—these September 11 on under the seat. even more so it is about this economy. attacks. It never could have occurred if You have to check and have absolute It is important that we do this, that we we had the intelligence agents like be- security, not just for screeners but do it right, and that we do it imme- fore. with the person who vacuums the plane. You have the marshals. They diately. I became involved in intelligence Let me again say I think the leader- matters under the Hoover Commission come in and they check those things. They don’t take their seat and wait for ship of the Senator and the leadership in 1954. We had McCarthy running a hijacking, just sitting there eating of Senator MCCAIN is something all of around about security. So President and drinking. They are alert and know us should cherish, and I hope we can Eisenhower appointed the commission exactly what they are looking for. get to this bill and get it moving, have on the reorganization of the executive They look for suspicious actions and the votes, and pass this legislation. I branch under former President Herbert reactions on the plane by any of the support what the Senator is doing. Hoover. I served as one of the six mem- Mr. HOLLINGS. I thank the distin- bers of that task force going into the passengers. They know what to look guished Senator. It is proper to men- CIA, Army, Navy, air intelligence, se- for. We have to get serious about security because it comes right down to the tion the leadership of Senator MCCAIN, curity, Secret Service, special clear- aircraft. Senator KAY BAILEY HUTCHISON of ance, atomic energy. At that time we As I pointed out, once you secure Texas, Senator CONRAD BURNS of Mon- had the entire sphere of security and that door, that for all intents and pur- tana, Senator OLYMPIA SNOWE of intelligence. Under Alan Dulles we had poses ends the hijacking of commercial a real outfit, but it has gone down, Maine, and it has been bipartisan; this flights. But since they have been flying down, down with respect to high, high was not a partisan approach. planes, I don’t know how we control We have tried over the past 15 years costs of technology. And the tech- private flight. to set professional standards for airline nology is so amazing to you and me There are many more opportunities security, more hours of training, more that we can see this and recognize for terrorism beyond airlines. But once supervision. But even with all of the that. We collect as much intelligence we secure airlines, we can try to get contract standards, with all the train- information as they have in the Li- some of the other things done on the ing, with all the supervision, they are brary of Congress, perhaps, every day. railroads, on the seaports, that the falsifying the records and putting peo- But nobody looks at it, they just say: Senator from Florida and his senior ple with criminal records in as the Oh, look at all the information we are colleague, Senator GRAHAM, have been screeners, and they say: Let us keep getting. pointing out for years. In fact, we have doing it. Give us some more standards. In addition to that, when they are the bill on the calendar, seaport secu- Give us some more training. Come on. talking about analysts, we want some- rity. They can take one of those con- Mr. REID. Will the Senator yield for thing to look at, but we don’t want too tainers which is hardly looked at, bring a question? much analysis. They have General it into New Jersey, and drive it down Mr. HOLLINGS. Yes, sir. Scwharzkopf on TV. All weekend he to Times Square and have the con- Mr. REID. I recognize the Senator is was on the TV. I will never forget the tainer full of anthrax, 40,000 pounds. not talking about contracting out, but briefing he gave us when he returned There can be all kinds of acts of ter- the Senator mentioned contracting from Desert Storm. He told a Defense rorism. This thing is not the 100-yard out, and I am an opponent of con- Appropriations Subcommittee that CIA dash. It is the endurance contest. We tracting out. I have seen what it has analysts rounded the edges, they cut have to endure, sober up and get seri- done to Federal installations in the the corners, they protected their back- ous. We need to cut out all of our re- State of Nevada where these outside sides. When I got it—I am going to use election concerns about what we prom- contractors come in and say, we will the word he used—it was ‘‘mush.’’ He ised to do in getting rid of the Govern- give you a real good deal, and they give said it was of no value, it was mush. I ment and that kind of thing. We are a contract this year, and the next year had to go to my pilots in order to get elected by the people to make the Gov- it goes up and up and up, where we the intelligence and find out how I ernment work, and work efficiently would have been better off sticking could move forward. and economically. with Government in the first place. Now that is what we have been limp- By the way, this is paid for, Senator. So I thank the Senator from South ing along with. It is our fault. There is That is the genius of this. All you have Carolina very much for bringing to the no question about it. But read what to do is put $2.50 or $3 and we are argu- attention of the American public the Bobby Inman said. The intelligence is ing that backwards and forwards, but fact we have to federalize the safety of starting at the outer perimeter of a se- we will get the amount, and that will these airplanes and to also alert the curity system. The intelligence is take care of all the screeners, make American public that contracting out keyed on not just the screener, but sure every bag has gone through the is not a panacea for good government. when they get to the departure gate, to screener. If I go through now and take Mr. HOLLINGS. That is right. We the pilots, to the marshals on that a bag—they just put out the rule I can- want those in charge of security to plane and everything else. And it is not not take but one—but a bag goes have their minds set on just that, not a one-way feed. It is back and forth, all through the screener. Why let baggage the bottom line, not the profit. We are the time. You know somebody is not that goes into the cargo be different? going to do the oversight. We will look going to come through with a knife or All of the cargo should be screened, air and see whether there is any fat, or a gun. The entire airport is a screening marshals on all of these flights, par- anything else of that kind. The truth place now. ticularly cross-country and down to

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10360 CONGRESSIONAL RECORD — SENATE October 9, 2001 Florida, up and down the seaboard, up know where it is coming from—the where we have had it with these con- and down California, and across the USA. So I was very gratified to see tractors. country. We have to have those mar- that. We are not going to give this the run- shals on the plane. Once they know But when I went to the Port of Pen- around. We are going to fix this respon- that, America comes back again. sacola on Friday and the Port of Jack- sibility once and for all. With the sea- Mr. NELSON of Florida. Will the sonville yesterday, Monday, it was to ports, under the law, the captain of the Senator yield? talk about security and to talk about port is the responsible officer. You can- Mr. HOLLINGS. I am happy to yield. the bill the Senator had passed out of not just put in one bill and wave a Mr. NELSON of Florida. The Senator committee on September 14 and the wand and all of a sudden you have se- has been a great inspiration to me and amendment that he intends to add, in- curity. You have to give them time and all the members of the Commerce Com- creasing the amount available, both in money and let them change the culture mittee which he chairs. What a great grants and in loan guarantees, for the and get in step. Labor is absolutely inspiration it is to see on matters of 300 ports that we have in this country concerned about background checks of grave national importance that the in order for them to upgrade security those working the docks, just as they Senator, as chairman, and the ranking because, if we are looking at vulner- were in El Al. They had trouble, the El member, Senator MCCAIN, work so ability, where a terrorist might attack, Al security people and the El Al chief closely together. I want the Senator to clearly a port—whether it be a cruise pilot said, yes, we had problems too know that observation comes from ship or whether it be a commercial ship with labor, and we finally got past that many Members. with a precious cargo or whether it be and everybody is subject to these back- What troubles me is that certain a port colocated with a military facil- ground checks and periodic spot checks Members of this Chamber, for either ity or, in the case of the Port of Pensa- for security. ideological reasons or for partisan rea- cola, where they would be responsible When you mention FAA—and that is sons or for parochial reasons, would for loading and unloading military one of the reasons we put it under a not recognize what the chairman of the equipment—not for the Pensacola Deputy Secretary of Transportation Commerce Committee and the leader- Naval Air Station but for Hurlburt Air and not under the FAA—last week I ship is saying, how important to the Force Base, which is the head of the had the distinction of meeting, if you national defense of this country it is to Air Force Special Operations Com- please, with the former chairman, on produce legislation on airline security mand—be it any of those particular the House side, of the Transportation so that the American people believe we roles that a port plays, we have to up- Appropriations Committee of FAA. He are following through on a promise we grade security there. told me some of the horror stories. For made to them so they will be encour- I thank our chairman for his leader- spot checks he had the individual given aged to get back on the airlines and ship. Wouldn’t it be nice to get to the the pictures and told: We are going to start flying. This will help all of the port security bill, if we could get make spot checks down in Florida next collateral industries such as car rental through the airline security bill? week, so you go to these particular air- companies, such as hotels, such as res- Mr. HOLLINGS. Exactly. Exactly. lines and show them the pictures be- taurants, tourism destinations, and so We are bogged down in here and they cause these are the fellows coming forth. all seem to be enjoying it. I do not un- through making the spot checks. As we say in the South, it is just be- derstand. That is how incestuous the FAA has yond me—— I understand you have to be consid- become. That is why the airlines con- Mr. HOLLINGS. It is beyond this erate. We are not ramming anything. tinue to say they want to be able to Senator. We do not want to, for example, ram provide the money. Mr. NELSON of Florida. That we this bill through the House. They are No, no, they are going to be Federal would have people hold up this legisla- going to have their say, and they do employees with Federal pay. It is going tion, cause us to have 30 hours of de- have their say. But heavens above, let’s to be subject to appropriations. Why? bate not on the bill but just on a mo- move it over to them so they can have Because we know already, under the tion to proceed to get to the bill. The their say. Airport and Airways Improvement Act, big hangup is over federalizing the air- We want to be considerate—and you we owe them $15 billion because you line passenger screeners. have been too generous to me. The and I and the Government have been Mr. HOLLINGS. Right. point is with respect to seaports, 9 out using that $15 billion to balance the Mr. NELSON of Florida. Everybody of 10 containers coming in are not even budget, to cut the deficits down and in America wants the most proficient, looked at. If Senator NELSON and Sen- try to get surpluses. We have not given the most trained, the most expert, and ator HOLLINGS wanted to get into the them airport security. We have not well-paid people doing the adequate drug business down in Colombia, we given them airport improvements. So when we look at this, our distin- and professional and thorough job of would fill up 10 containers full of co- guished colleague and friend, the Sen- screening people when they go through caine and send it in. I can tell you ator from the State of Washington, those checkpoints. If that means fed- right now, you have 9 of them that Mrs. MURRAY—she has that committee. eralizing, then we ought to be getting would go through and we would have She is going to have the oversight. about the business of the American made a fortune. We don’t mind one get- With Senator BYRD, the full committee public and passing this legislation and ting caught; that is the name of the chairman, along with Senator STE- moving it. game. VENS, the ranking member, we are I want to add a comment and also an- What they have been trying to do is going to have it subject to appropria- other compliment to the Senator, our brag how fast they could move cargo tions. chairman. Over the weekend I visited through. Up there in New Jersey they The gamesmanship is stopped. We two ports in Florida. I visited, on Fri- not only go to the port, then they go to have gotten dead serious about this sit- day, the Port of Pensacola. In the a staging area 25 miles farther. In be- uation. We are going to fix the respon- warehouse there, I found a huge load of tween the time they go from the port, sibility and have accountability, ac- sacked flour that was going to actual dock to the 25-mile site, some of countability, accountability. Tadzhikistan. Fortunately, those 100- them, they never see those trucks I yield the floor. pound sacks of flour were red, white, again. They don’t know where they The PRESIDING OFFICER. The Sen- and blue so people would know where it went or whatever happened to them. ator from Florida. was coming from—the USA. They just do not show up for the in- Mr. NELSON of Florida. Mr. Presi- That is what we need to do if we are spections. dent, I ask unanimous consent I be rec- going to try to win the hearts and The DEA says, no, it is the Customs’ ognized to speak as in morning busi- minds of people as we have had such fault. Customs say, no, it is the port’s ness, and the time I consume be count- tremendous success doing in North fault. The port says, no, it is the Coast ed against the 30 hours of postcloture Korea, a Communist dictatorship. The Guard’s fault. The Coast Guard says debate. food we have sent in there is in these you are running the port and you are in The PRESIDING OFFICER. Without red, white, and blue sacks so people charge. But no one is in charge. That is objection, it is so ordered.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10361 (The remarks of Mr. NELSON of Flor- Skipping again a couple of para- is estimated that more than 5,000 innocent ida are printed in today’s RECORD graphs, President Hinckley went on to people died. Among these were many from under ‘‘Morning Business’’) say: other nations. It was cruel and cunning, an act of consummate evil. Mr. NELSON of Florida. Mr. Presi- Those of us who are American citizens Recently, in company with a few national dent, I suggest the absence of a stand solidly with the President of our na- religious leaders, I was invited to the White quorum. tion. The terrible forces of evil must be con- House to meet with the President. In talking The PRESIDING OFFICER. The fronted and held accountable for their ac- to us he was frank and straightforward. clerk will call the roll. tions. This is not a matter of Christian That same evening he spoke to the Con- The bill clerk proceeded to call the against Muslim. I am pleased to see that gress and the nation in unmistakable lan- food is being dropped to the hungry people of guage concerning the resolve of America and roll. a target nation. We value our Muslim neigh- Mr. REID. Mr. President, I ask unan- its friends to hunt down the terrorists who bors across the world and hope that those were responsible for the planning of this ter- imous consent that the order for the who live by the tenets of their faith will not rible thing and any who harbored such. quorum call be rescinded. suffer. I ask particularly that our own people Now we are at war. Great forces are being The PRESIDING OFFICER. Without do not become a party in any way to the per- mobilized and will continue to be. Political objection, it is so ordered. secution of the innocent. Rather, let us be alliances are being forged. We do not know friendly and helpful, protective and sup- f how long this conflict will last. We do not portive. It is the terrorist organizations that know what it will cost in lives and treasure. THE WORDS OF GORDON must be ferreted out and brought down. We do not know the manner in which it will HINCKLEY Skipping two paragraphs, he went on be carried out. It could impact the work of to say: the Church in various ways. Mr. REID. Mr. President, every 6 Our national economy has been made to months the Church of Jesus Christ of On the Larry King television broadcast the other night I was asked what I think of those suffer. It was already in trouble, and this has Latter-Day Saints, referred to as the who, in the name of their religion, carry out compounded the problem. Many are losing Mormon Church, has a semiannual con- such infamous activities. I replied, ‘‘Religion their employment. Among our own people ference. Every 6 months, for 3 days, the offers no shield for wickedness, for evil, for this could affect Welfare needs, and also the leaders of the church get together and those kinds of things. The God in whom I be- tithing of the Church. It could affect our those people who are members of the lieve does not foster this kind of action. He missionary program. church come to Salt Lake City to the is a God of mercy. He is a God of love. He is We are now a global organization. We have God of peace and reassurance, and I look to members in more than 150 nations. Admin- relatively new auditorium which holds istering this vast worldwide program could approximately 22,000 people. It is Him in times such as this as a comfort and a source of strength.’’ conceivably become more difficult. broadcast and telecast around the Those of us who are American citizens world to 11 million members of the Mr. President, I ask unanimous con- stand solidly with the President of our na- church. sent that the full statement of Gordon tion. The terrible forces of evil must be con- The reason I come to the floor today B. Hinckley be printed in the RECORD, fronted and held accountable for their ac- is to read to the Senate a few select with the understanding that his state- tions. This is not a matter of Christian ment is one that lays out what most against Muslim. I am pleased to see that paragraphs from a statement that was food is being dropped to the hungry people of given by the president of the church, a Americans believe: that we are in a time of trouble; that there are things a target nation. We value our Muslim neigh- 92-year-old man by the name of Gordon bors across the world and hope that those Hinckley. we can do as Americans to respond. who live by the tenets of their faith will not I will ask unanimous consent at the But the most important thing we can suffer. I ask particularly that our own people appropriate time to have the full state- do to respond is to treat our fellow do not become a party in any way to the per- ment printed in the RECORD. man with the Golden Rule: Do unto secution of the innocent. Rather, let us be His statement started with the others as you would have them do unto friendly and helpful, protective and supportive. It is the terrorist organizations that words: you; be kind, thoughtful, and considerate to those you come in contact must be ferreted out and brought down. I have just been handed a note that says a We of this Church know something of such U.S. missile attack is underway. with on a daily basis. This is the most groups. The Book of Mormon speaks of the important thing we can do to thwart Keep in mind that this is being tele- Gadianton Robbers, a vicious, oath-bound, the actions of these terrible people who cast to 11 million members of the and secret organization bent on evil and de- did these terrible, evil deeds on Sep- church and millions of others who are struction. In their day they did all in their tember 11. power, by whatever means available, to bring watching. There being no objection, the mate- down the Church, to woo the people with He went on to say: rial was ordered to be printed in the sophistry, and to take control of the society. You are all acutely aware of the events of RECORD, as follows: We see the same thing in the present situa- September 11, less than a month ago. Out of tion. THE TIMES IN WHICH WE LIVE that vicious and ugly attack we are plunged We are people of peace. We are followers of into a state of war. It is the first war of the (By President Gordon B. Hinckley of the the Christ who was and is the Prince of 21st century. The last century has been de- Church of Jesus Christ of Latter-day Saints) Peace. But there are times when we must scribed as the most war-torn in human his- My beloved brethren and sisters, I accept stand up for right and decency, for freedom tory. Now we are off on another dangerous this opportunity in humility. I pray that I and civilization, just as Moroni rallied his undertaking, the unfolding of which and the may be guided by the Spirit of the Lord in people in his day to the defense of their end thereof we do not know. that which I say. wives, their children, and the cause of lib- For the first time since we became a na- I have just been handed a note that says a erty. tion, the United States has been seriously U.S. missile attack is under way. On the Larry King television broadcast the attacked on its mainland soil. But this was I need not remind you that we live in per- other night I was asked what I think of those not an attack on the United States alone. It ilous times. I desire to speak concerning who, in the name of their religion, carry out was an attack on men and nations of good these times and our circumstances as mem- such infamous activities. I replied, ‘‘Religion will everywhere. It was well-planned, boldly bers of this Church. offers no shield for wickedness, for evil, for executed, and the results were disastrous. It You are all acutely aware of the events of those kinds of things. The God in whom I be- is estimated that more than 5,000 innocent September 11, less than a month ago. Out of lieve does not foster this kind of action. He people died. Among these were many from that vicious and ugly attack we are plunged is a God of mercy. He is a God of love. He is other nations. It was cruel and cunning, an into a state of war. It is the first war of the God of peace and reassurance, and I look to act of consummate evil. 21st century. The last century has been de- Him in times such as this as a comfort and scribed as the most war-torn in human his- a source of strength.’’ Skipping a couple of paragraphs, he tory. Now we are off on another dangerous Members of the Church in this and other went on to say: undertaking, the unfolding of which and the nations are not involved with many others in Now we are at war. Great forces are being end thereof we do not know. a great international undertaking. On tele- mobilized and will continue to be. Political For the first time since we became a na- vision we see those of the military leaving alliances are being forged. We do not know tion, the United States has been seriously their loved ones, knowing not whether they how long this conflict will last. We do not attacked on its mainland soil. But this was will return. It is affecting the homes of our know what it will cost in lives and treasure. not an attack on the United States alone. It people. Unitedly, as a Church, we must get We do not know the manner in which it will was an attack on men and nations of good on our knees and invoke the powers of the be carried out. It could impact the work of will everywhere. It was well-planned, boldly Almighty in behalf of those who will carry the Church in various ways. executed, and the results were disastrous. It the burdens of this campaign.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10362 CONGRESSIONAL RECORD — SENATE October 9, 2001 No one knows how long it will last. No one and costly programs. But I can assure you Now, brothers and sisters, we must do our knows precisely where it will be fought. that we will not exceed our income. We will duty whatever that duty might be. Peace No one knows what it may entail before it not place the Church in debt. We will tailor may be denied for a season. Some of our lib- is over. We have launched an undertaking what we do to the resources that are avail- erties may be curtailed. We may be incon- the size and nature of which we cannot see at able. venienced. We may even be called on to suf- this time. How grateful I am for the law of tithing. It fer in one way or another. But God our Eter- Occasions of this kind pull us up sharply to is the Lord’s law of finance. It is set forth in nal Father will watch over this nation and a realization that life is fragile, peace is a few words in the 119th section of the Doc- all of the civilized world who look to Him. fragile, civilization itself is fragile. The trine and Covenants. It comes of His wisdom. He has declared: ‘‘Blessed is the nation economy is particularly vulnerable. We have To every man and woman, to every boy and whose God is the Lord’’ (Psalms 33:12). Our been counseled again and again concerning girl, to every child in this Church who pays safety lies in repentance. Our strength comes self-reliance, concerning debt, concerning an honest tithing, be it large or small, I ex- of obedience to the commandments of God. thrift. press gratitude for the faith that is in your Let us be prayerful. Let us pray for right- So many of our people are heavily in debt hearts. I remind you, and those who do not eousness. Let us pray for the forces of good. for things that are not entirely necessary. pay tithing but who should, that the Lord Let us reach out to help men and women of When I was a young man, my father coun- has promised marvelous blessings (see good will whatever their religious persuasion seled me to build a modest home, sufficient Malachi 3:10–12). He has also promised that and wherever they live. Let us stand firm for the needs of my family, and make it ‘‘he that is tithed shall not be burned at his against evil, both at home and abroad. Let beautiful and attractive and pleasant and se- coming’’ (D&C 64:23). us live worthy of the blessings of heaven, re- cure. He counseled me to pay off the mort- I express appreciation to those who pay a forming our lives where necessary, and look- gage as quickly as I could so that come what fast offering. This costs the giver nothing ing to Him, the Father of us all. He has said: may there would be a roof over the heads of other than going without two meals a ‘‘Be still, and know that I am God’’ (Psalms my wife and children. I was reared on that month. It becomes the backbone of our Wel- 46:10). kind of doctrine. I urge you as members of fare Program, designed to assist those in dis- Are these perilous times? They are. But this Church to get free of debt where pos- tress. there is no need to fear. We can have peace sible, and to have a little laid aside against Now, all of us know that war, contention, in our hearts and peace in our homes. We can a rainy day. hatred, suffering of the worst kind are not be in influence for good in this world, every We cannot provide against every contin- new. The conflict we see today is but another one of us. May the God of heaven, the Almighty, gency. But we can provide against many con- expression of the conflict that began with bless us, help us, as we walk our various tingencies. Let the present situation remind the war in heaven. I quote from the book of ways in the uncertain days that lie ahead. us that this we should do. Revelation: May we look to Him with unfailing faith. As we have been continuously counseled ‘‘And there was war in heaven: Michael and May we worthily place our reliance on His for more that 60 years, let us have some food his angels fought against the dragon; and the Beloved Son who is our great Redeemer, set aside that would sustain us for a time in dragon fought and his angels, case of need. But let us not panic nor go to ‘‘And prevailed not, neither was their place whether it be in life or in death, is my prayer in His Holy Name, even the name of Jesus extremes. Let us be prudent in every respect. found anymore in heaven. And above all, my brothers and sisters, let us ‘‘And the great dragon was cast out, that Christ, Amen. move forward with faith in the Living God old serpent, call the Devil, and Satan, which The PRESIDING OFFICER. The Sen- and His Beloved Son. deceiveth the whole world: he was cast out ator from Montana. Great are the promises concerning this into the earth, and his angels were cast out f land of America. We are told unequivocally with him. that it is a ‘‘choice land and whatsoever na- ‘‘And I heard a loud voice saying in heav- AVIATION SECURITY ACT tion shall possess it shall be free from bond- en, Now is come salvation, and strength, and Mr. BURNS. Mr. President, we have age, and from captivity, and from all other the kingdom of our God, and the power of his been talking about aviation security. nations under heaven, if they will but serve Christ’’ (Rev. 12:7–10). While the chairman of the Commerce the God of the land, who is Jesus Christ’’ That must have been a terrible conflict. (Ether 2:12). This is the crus of the entire The forces of evil were pitted against the Committee is still in the Chamber, I matter-obedience to the commandments of forces of good. The great deceiver, the son of want to get a few things straight. The God. the morning, was defeated and banished, and amendment that is hanging out there The Constitution under which we live and took with him a third of the hosts of heaven. for this piece of legislation has nothing which has not only blessed us but has be- The Book of Moses and the Book of Abra- to do with airport security—nothing. come a model for other constitutions, is our ham shed further light concerning this great In all other parts of the debate, we are God-inspired national safeguard ensuring contest. Satan would have taken from man so close to agreement it is unbeliev- freedom and liberty, justice and equality be- his agency and taken unto himself all credit able. And those areas can be ironed fore the law. and honor and glory. Opposed to this was the I do not know what the future holds. I do plan of the Father which the Son said He out. not wish to sound negative, but I wish to re- would fulfill, under which He came to earth I am one, as the chairman knows, mind you of the warnings of scripture and and gave His life to atone for the sins of who has an amendment that would put the teachings of the prophets which we have mankind. the authority of airport security under had constantly before us. From the day of Cain to the present, the the Justice Department. There is a I cannot forget the great lesson of Phar- adversary has been the great mastermind of very good reason for that. The model is aoh’s dream of the fat and lean kine, and of the terrible conflicts that have brought so already in front of us. the full and withered stalks of corn. much suffering. The Attorney General can either I cannot dismiss from my mind the grim Treachery and terrorism began with him. have the Marshals Service or the FBI, warnings of the Lord as set forth in the 24th And they will continue until the Son of God whichever, put them in charge of air- chapter of Matthew. returns to rule and reign with peace and I am familiar, as are you, with the declara- righteousness among the sons and daughters port security, and then give them the tions of modern revelation that the time will of God. leeway if they wanted to contract come when the earth will be cleansed and Through centuries of time, men and using their standards and their clear- there will be indescribable distress, with women, so very, very many, have lived and ance, making sure, I would imagine, weeping, and mourning, and lamentation died. Some may die in the conflict that lies that the people who work as screeners (see D&C 112:24). ahead. To us, and we bear solemn testimony or baggage handlers or with the cargo Now, I do not wish to be an alarmist. I do of this, death will not be the end. There is could stand the scrutiny of a security not wish to be a prophet of doom. I am opti- life beyond this as surely as there is life mistic. I do not believe that the time is here clearance. here. Through the great plan which became The chairman of the Commerce Com- when an all-consuming calamity will over- the very issue of the war in heaven, men take us. I earnestly pray that it may not. shall go on living. mittee, and rightly so, invited mem- There is so much of the Lord’s work yet to Job asked, ‘‘If a man die, shall he live bers of El Al’s security team in to visit be done. We and our children after us, must again?’’ (Job 14:14). with us. We sat there and listened to do it. He replied: them. I was impressed with what they I can assure you that we who are respon- ‘‘For I know that my redeemer liveth, and did. I think the Senator would have to sible for the management of the affairs of that he shall stand at the latter day upon admit that. But they only have 31 air- the Church will be prudent and careful as we the earth: have tried to be in the past. The tithes of the ‘‘And though after my skin worms destroy planes. They have 7,000 employees, and Church are sacred. They are appropriated in this body, yet in my flesh shall I see God: 1,500 of them are security people. They the manner set forth by the Lord Himself. ‘‘Whom I shall see for myself, and mine do nothing but security. We have become a very large and complex eyes shall behold, and not another’’ (Job There is a bright line between those organization. We carry on many extensive 19:25–27). people who fly them, those people who

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10363 load them, those people who refuel theme. And whether we do it in Justice airport security bill. We are still in them, those people in checkout areas, or whether we do it in Transportation, that postcloture period where the 30 or check-in areas, and baggage areas— or wherever, I always tended toward hours are being consumed as we at- they know what they are supposed to trying to get it done. And the White tempt to address the need to move di- do—but there is a bright line on their House wanted it in Transportation. rectly to the bill. Tomorrow at 5 security. One person is in charge of se- Transportation has a follow-on with re- o’clock, we will have that opportunity. curity. spect to railroads and the seaports. So It was my hope, in consultation with Those areas the Senator mentioned a I thought the one entity of Transpor- Senator LOTT, that we could move in while ago—passenger lists and intel- tation would be it. the interim to the counterterrorism ligence, the airport, the periphery out- But there is tremendous logic in bill. So much work and effort and nego- side, the check-in area, the departure what the Senator has pointed out. I tiation has gone into getting us to this gate, cargo, the aircraft—you get down cannot thank him enough for his sup- point that it was my hope, in the inter- to the little bottom part of it that port, so we can move to let the major- est of expediting consideration of this says: Aircraft. Above that is where it ity’s will govern. bill, that we would have the oppor- parks. We know those areas. And they We ought to be embarrassed. Five tunity to take it up, and it would be can be supervised by people who under- weeks after September 11, and we are my hope we could take it up tonight, stand restricted areas, restricted cargo, still dillying around, with an empty work through the day tomorrow, and the movement of contraband, and un- Senate Chamber, arguing about maybe then have a vote on final passage to- derstand passenger lists and intel- benefits and maybe about the railroads morrow. ligence. And that is Justice. That is and maybe about something else. I ask unanimous consent that at 10 where it is at. So we can agree on that, I am ready to move to this and have o’clock tomorrow, the Senate turn to I am sure, before it is all over. it done and then take up railroads. consideration of S. 1510, the But that is what we have to do. This Let’s take up the question of the sea- antiterrorism bill; that the time be- debate is right on target, I say to the ports and take up counterterrorism tween then and 5 o’clock be equally di- Senator. And I do not know what the and all these other measures. But I vided between Senator LEAHY and Sen- House wants. I have no idea. They have think in trying to engineer around and ator HATCH; that the only amendment not told anybody. I do not know what satisfy this Senator and satisfy that in order be a managers’ amendment to they want or what they do not want. Senator, we have been doing that for 3 be cleared by both managers, with 30 But I think it is incumbent on us and weeks, and we have gotten nowhere. minutes of Republican time under the the chairman of the Commerce Com- I thank the Senator for his leader- control of Senator SPECTER; that at 5 mittee, through his leadership, that we ship. p.m. tomorrow, the bill be read the get a bill out of this Senate this week Mr. BURNS. Mr. President, I thank third time, and the Senate vote with- and also probably an antiterrorism bill, the Senator for his time and appreciate out any intervening action or debate too. We can agree on those things. that we quit monkeying around and on final passage. Further, upon disposi- But make no mistake about it; what that we get it done. But in those areas tion of S. 1510, the Senate immediately is continuing this debate, which I that really concern us about airport se- vote on the motion to proceed to S. doubt continues past tomorrow, is an curity, we are pretty close. We can 1447. amendment that is hanging out there agree on that. The PRESIDING OFFICER. Is there that has nothing to do with airport se- So I think we ought to keep our eyes objection? curity. on the ball, why we are here, what the Mr. FEINGOLD. Reserving the right What we have to be very careful legislation is supposed to do, and then to object. about—and I think there are a couple let other issues come up as they shall. The PRESIDING OFFICER. The Sen- others, but those areas can be worked But I think the American people expect ator from Wisconsin. out. We can negotiate those out. I am this piece of legislation. Mr. FEINGOLD. I understand and satisfied with them because nobody un- Again, I cannot believe that people certainly appreciate the urgency of derstands justice any better than our would venture into areas that have this bill. It is very important we give chairman. He chairs the appropriations nothing to do with security when basi- the Department of Justice and our in- subcommittee that gives them their cally we are at war. Nobody under- telligence agencies the tools they need money. He understands that. And I am stands that in this body today as well to combat and prevent terrorism, but willing to work with my chairman to as the man who is the Presiding Offi- it is also crucial that civil liberties in make sure that we make this as suit- cer, his losing friends, family—maybe this country be preserved. Otherwise, I able as possible. not family but friends. Six thousand am afraid the terrorists win this battle But what I think I want to do, I want people died on that day. It is time to without firing another shot. to make a bright line of authority, ac- quit monkeying around. It is time to It is our constitutional duty in this countability, and responsibility be- get on with our business. body to preserve and protect the Con- cause we are in war. Why am I ada- Mr. President, I yield the floor. stitution of the United States. Our mant about this? It is very simple. Ap- The PRESIDING OFFICER (Ms. STA- freedoms in part are what the terror- proximately 6,000 people died Sep- BENOW). The Senator from Wisconsin. ists hate about us. We cannot be ex- tember 11. That is an astounding figure Mr. FEINGOLD. Madam President, I pected to limit those freedoms without to me, astounding. And the system we suggest the absence of a quorum. careful study and debate, and I do were using had a soft point. It did not The PRESIDING OFFICER. The know—and the majority leader, of work. clerk will call the roll. course, is right—how hard the leaders, So what I am saying is this: Give au- The legislative clerk proceeded to the chairman, and the ranking member thority where there is accountability call the roll. of the Judiciary Committee have been and responsibility and also a presence Mr. DASCHLE. Madam President, I working on this measure, and I appre- that is trusted by the American people ask unanimous consent that the order ciate all they have done. But there has so they feel confident, safe, and secure for the quorum call be rescinded. not been an open process in the Judici- when they fly. The PRESIDING OFFICER. Without ary Committee, much less the full Sen- Mr. HOLLINGS. Will the distin- objection, it is so ordered. ate, for Senators to have an oppor- guished Senator yield? f tunity to raise concerns about how far Mr. BURNS. I certainly will. this bill goes in giving powers to law Mr. HOLLINGS. Mr. President, I UNANIMOUS CONSENT REQUEST— enforcement to wiretap or investigate thank the Senator from Montana. He S. 1510 law-abiding U.S. citizens. has been the most diligent of all. He Mr. DASCHLE. Madam President, we As of the end of last week, we were has been to every one of the hearings, have been negotiating in good faith on told the bill would probably come up all the briefings with El Al, and has both sides of the aisle all day long. As on Thursday of this week. Today the been a wonderful supporter to get re- you know, there have been Republican request is made to bring it up imme- sponsibility fixed. That has been his objections to moving directly to the diately under extremely restrictive

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10364 CONGRESSIONAL RECORD — SENATE October 9, 2001 terms for debate that would not allow ator Hatch has done the same with the to keep him briefed. I know Senator any opportunity for amendments other distinguished Republican leader. HATCH tried to keep Senator LOTT than the one the majority leader men- We put the bill in last week. briefed. I say to my friend from Wis- tioned. Mr. REID. Will the Senator yield for consin, is it moving faster than I would Senators must have the opportunity a question? like to see such legislation move? Yes. to read and debate this 200-plus page Mr. LEAHY. Of course. Are we facing other threats in this bill and offer amendments. It does not Mr. REID. Is it not true that the Sen- country today? I believe we are. have to take weeks or even days, but it ator and Senator HATCH and the staffs I also might say this bill does not an- cannot be done before most Senators have spent hundreds of hours on the swer all of those threats. We will at have even had a chance to read and un- bill in the last 5 weeks? Is that a fair some appropriate time go back and derstand the far-reaching changes this statement, hundreds of hours? look at the number of things that were Mr. LEAHY. I tell my friend from Ne- bill makes on our laws. probably overlooked by the Depart- vada not only is it a fair statement, Madam President, I reserve the right ment of Justice or the FBI or others, but I am painfully aware of all of those to object. I do not wish to object, but things that might have prevented the hours. In fact, I got up at 3 this morn- in order to give due attention to the se- bombings in the first place that were ing in Vermont to come back in time rious constitutional issues before us, overlooked, things that have been to be prepared to go forward to discuss and in the interest of moving forward gathered under the current law. the bill, to have a full discussion today on this important legislation, I ask Having said all of that, and notwith- or tomorrow, if need be, so that Sen- unanimous consent that the leader’s standing the fact the current law was ators could ask questions and they request be modified to allow this Sen- not used as well as it should have been could either vote for it or against it. I ator to offer four relevant amendments by the Department of Justice and oth- say to my friend, the senior Senator with each to be debated for an hour ers, we have made some improvements, from Nevada, throughout those nights equally divided. and days, a lot of times I would leave but the House has also made changes. Mr. DASCHLE. Will the Senator from I ask my friend from Nevada, who is about 1 a.m. and the staff would still be Wisconsin be prepared to insert the the distinguished deputy majority there at 4 a.m. or 5 a.m. We made a text of the amendments in the RECORD leader, would it not be his assumption number of changes. Nobody is more this evening? protective of the rights of individuals that ultimately the final version of Mr. FEINGOLD. I will not be able to than I, and considerably more than this bill will come out of that con- do it this evening, but I will be able to that, I feel very strongly in agreement ference between the Senate and the do it tomorrow. with Benjamin Franklin’s comment House? But we cannot get to con- Mr. DASCHLE. Madam President, when he literally had his neck on the ference until we get the bill off the that is exactly the problem we have line when he said people who would floor. had with the Senator from Wisconsin trade their liberty for security deserve The PRESIDING OFFICER. The Sen- and others over the course of the last neither. ate majority leader has the floor. several days. There is a desire on the We are trying to get that balance be- Mr. DASCHLE. Madam President, I part of Senators to amend the bill but tween liberty and security. Is it a per- again propound the unanimous consent no amendments are available. I cannot fect bill? No. Could we pass a perfect request. agree to amendments I have not seen, bill? I doubt it very much. Is it far bet- Mr. LOTT. Reserving the right to ob- obviously, and I think it is asking a ter than when it was originally project, Madam President. good deal of all the Senate that we re- posed by the administration as far as The PRESIDING OFFICER. The Sen- serve opportunities for him to offer being protective of civil liberties? I be- ate minority leader. amendments without having the oppor- lieve it is. Mr. LOTT. I will not object, but I do tunity to see the amendments them- Mr. REID. I ask my friend one more wish to commend Senator DASCHLE for selves. Of course, I have to object to question. I know that one of Senator working to make it possible to move that. LEAHY’s key staff members had a long- this antiterrorism bill forward. I also I am very disappointed. This bill has standing dinner engagement, and he commend Senator LEAHY. Two weeks been on the calendar now for some had to dress in the car prior to taking ago, it looked as if it was hopelessly time. It has been available for all Sen- 2 hours off on a Saturday night for din- balled up and an agreement or com- ators to review. We have had the oppor- ner because he had worked all Friday promise was not going to be worked tunity to discuss it in caucus now on night, all Saturday, and he finished out. There was a lot of give and take, several occasions. dinner and was going back to work. and Senator LEAHY hung in there. Even It has been available for discussion, Mr. LEAHY. I have asked him about though some people were being critical certainly for further consideration, as those 2 hours he took off during that 48 of him, he did not let it deter him. He Senators have had the opportunity to hours. stuck with it and came up with a very talk to the distinguished Chair, with Mr. REID. I ask the Senator this strong bill, a delicately balanced bill. me, and with others. So I am under- question: During this process, has the He worked with the administration. He standably concerned about the request Senator’s staff been available to my worked with his colleague on the other of the Senator from Wisconsin. Obvi- staff and any other Senator who had a side of the aisle, and I think com- ously, I am not able to agree to it. question about what was being done pliments are due all around. The PRESIDING OFFICER. Is there with that legislation? Is it a perfect bill? No. I have people objection to the request of the major- Mr. LEAHY. We have had calls from on our side of the aisle who believe it ity leader? Senators on and off the committee. is still not nearly strong enough, and The Senator from Vermont. The Senator from Nevada is absolutely Senators who would like to have an op- Mr. LEAHY. Madam President, re- right, to answer his question. We have portunity to offer amendments that serving the right to object, and I will been available to everybody. Since the would make it even stronger from the not object to the request of the leader bombing, I have been able to go back a standpoint of how we deal with the because I agree with it, but I want Sen- couple of times to Vermont, mainly to necessary information we need, wire- ators to know an enormous amount of tell Vermonters what has happened. I taps, and from a law enforcement time has gone into this bill. We have do not know the number of faxes and standpoint, but this was a way for us to been trying to consult with Senators calls I had from Senators around the deal with this critical issue. on the Judiciary Committee and out- country who had questions, and we I do not make a blanket indictment. side the Judiciary Committee as we tried to get answers to them. I some- I do worry about, Heaven forbid, some- have gone forward. We have consulted times get e-mails at 2 a.m., going back thing further happening that we could with Republicans, Democrats, the and forth. So I do not know any Sen- have avoided if we had had these tools White House, and with the Department ator who could say they have not had at our disposal. We still have to get of Justice. I have tried to keep the dis- an opportunity. through the Senate, get through the tinguished majority leader informed The Senator from South Dakota is House, get into conference, and get this each step of the way, and I know Sen- absolutely right; as I said, I have tried bill done. We are talking about, if we

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10365 get this done tomorrow or the next Does it protect us for all time from I think the American people have ap- day, still probably a week. terrorism? Of course it does not. As I preciated the way we have worked to- So I urge my colleagues on both said earlier, I suspect we had informa- gether, shoulder to shoulder, regardless sides, let us work together. An example tion prior to September 11 in our files of party. We are all feeling a great need has been set, and I am proud of what at the Justice Department that might to pull together with patriotism while the Senate has done. I am proud of have led to the apprehension and the protecting fundamental rights. I hope what the committee has done and is stopping of the terrorists. That was in- we can continue to do that. We will be willing to do. I hope the rest of us will formation and intelligence that was ac- glad to work with Senators LEAHY and take advantage of the opportunity to quired properly under the current laws. DASCHLE to see that happens. follow that leadership. Will this protect us by itself? No. Will The PRESIDING OFFICER. The Sen- I wanted to get that on the record. I it give us some tools we don’t have? ator from Kansas. will not object, Madam President. Yes. This can be done in such a way Mr. BROWNBACK. I thank the Chair. The PRESIDING OFFICER. Is there that we ask ourselves, are we willing to (The remarks of Mr. BROWNBACK per- objection? try some of this for a while? Put containing to the introduction of S. 1521 Mr. FEINGOLD. Madam President, stitutional limitations. are located in today’s RECORD under reserving the right to object. I think the distinguished Senator ‘‘Statements on Introduced Bills and The PRESIDING OFFICER. The Sen- from Mississippi knows I am very Joint Resolutions.’’) ator from Wisconsin. truthful when I say I will have some Mr. BROWNBACK. I yield the floor, Mr. FEINGOLD. We can certainly very serious and, I would hope, bipar- and I suggest the absence of a quorum. continue these discussions, but I want tisan oversight hearings of abuse of the The PRESIDING OFFICER. The to say it is certainly not the case that law as we go along. This is not a liberal clerk will call the roll. I have not shared the concerns I have, or conservative piece of legislation. We The senior assistant bill clerk pro- I would say, concerning the amend- have liberals and conservatives and ceeded to call the roll. ments we have talked about, the actual moderates who have areas of concerns. Mr. REID. Madam President, I ask areas, and shared them with the leader- We all do because we protect and re- unanimous consent that the order for ship. We certainly could have the text spect our privacy. I come from a State the quorum call be rescinded. of all of these amendments by 10 to- where privacy is paramount to every- The PRESIDING OFFICER (Ms. morrow morning. In other words, the body. It is one thing that unites every CANTWELL). Without objection, it is so language would be available before the one of us, no matter our political back- ordered. bill even comes up. That strikes me as ground. f sufficient notice usually in the Senate. But we cannot tell what is going to I do not think it is a fair complaint be the final bill until we consider it. MORNING BUSINESS to say we cannot agree to these reason- We have to pass something out of the Mr. REID. Madam President, I ask able requests simply because of the Senate. The House has to pass some- unanimous consent that there be a pe- extra language written out at this thing. They have been working ex- riod of morning business with Senators point. permitted to speak for up to 5 minutes Madam President, at this point, un- traordinarily hard, Madam President, each. less other Members wish to address both Chairman SENSENBRENNER and The PRESIDING OFFICER. Without this issue, I will object. Ranking Member CONYERS. Why not objection, it is so ordered. The PRESIDING OFFICER. Objec- see what we can come up with? The tion is heard. committee of conference will be the f Mr. DASCHLE. I yield the floor. final package. If I don’t like the final THE UNITING AND STRENGTH- The PRESIDING OFFICER. The Sen- package, I will be the first to vote ENING AMERICA ACT OF 2001 ator from Vermont. against it. But I suspect we will come Mr. LEAHY. Madam President, if the up with something. We will probably Mr. LEAHY. Madam President, last Senator from Mississippi seeks rec- have some very late nights that will be Thursday, October 4, I was pleased to ognition, obviously I yield to the dis- worthwhile. introduce with the Majority Leader, tinguished Senator. I thank my friend from Mississippi Senator DASCHLE, and the Chairmen of Mr. LOTT. Madam President, I was and my friend from South Dakota for the Banking and Intelligence Commit- hoping to have a brief opportunity to trying to bring this bill up. I will stand tees, as well as the Minority Leader, speak about the magnificent leadership ready. I don’t have to leave at 3 o’clock Senator LOTT, and Senator HATCH and of Senator Mike Mansfield, but I will anymore this week to be here. I am Senator SHELBY, the United and be glad to withhold on that. here. Although I might say, if anybody Strengthening America, or USA Act. Mr. LEAHY. I will say to the minor- could know how absolutely beautiful it This is not the bill that I, or any of the ity leader, Mike Mansfield is a man is in Vermont at this time of year, sponsors, would have written if com- who was my mentor and I will be with the best foliage we have had in 25 promise was unnecessary. Nor is the speaking about him tomorrow after the years, maybe we should move the Sen- bill the administration initially pro- memorial service. But I say to the dis- ate up there. It depends on the good posed and the Attorney General deliv- tinguished leader, he was my leader graces of my friend from Mississippi. ered to us on September 19, at a meet- when I came to the Senate, and I think I yield the floor. ing in the Capitol. he probably had as much involvement Mr. LOTT. I thank Senator LEAHY We were able to refine and supple- in teaching me how to be a Senator as for his work. We have clearly come up ment the administration’s original pro- anybody. I will speak further on that with a superior bill to the one being posal in a number of ways. The admin- at another time. moved in the House, but the House is istration accepted a number of the I hope Senators would work with the also moving forward. I know Senator practical steps I had originally pro- distinguished majority leader and the SMITH of New Hampshire has an posed on September 19 to improve our distinguished Republican leader to help amendment he wanted to offer, too. security on the Northern Border, assist us schedule this legislation. I have Every Senator has the right to object. our Federal, State and local law en- tried to be accommodating, getting up We should not be critical of a Senator forcement officers and provide com- at 3 o’clock this morning in Vermont exercising that right. pensation to the victims of terrorist to try to get back. But I think there is urgency on this acts and to the public safety officers Do I love this bill? Of course I don’t legislation. I hope, I say to Senator who gave their lives to protect ours. love this bill, Madam President. But LEAHY, we will continue to work to see This USA Act also provides important neither does the distinguished Repub- if we can clear this bill and get it con- checks on the proposed expansion of lican leader. Neither does the distin- sidered tomorrow. If we don’t, there is government powers that were not con- guished ranking member. There is no- a danger that the aviation security bill tained in the Attorney General’s initial body in here who does. It is impossible will tangle up the rest of the week and proposal. to craft a bill of this nature that every- we might not be able to get to this bill In negotiations with the administra- body is going to like. until next week. tion, I have done my best to strike a

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10366 CONGRESSIONAL RECORD — SENATE October 9, 2001 reasonable balance between the need to partisan bill that we consider today able to make in his schedule for the address the threat of terrorism, which contains a very similar definition of hearing for another fifteen minutes so we all keenly feel at the present time, domestic terrorism. that Senator FEINSTEIN and Senator and the need to protect our constitu- In 1995, however, a motion to table SPECTER were able to ask questions be- tional freedoms. Despite my mis- Senator LIEBERMAN’s amendment was fore his departure. I regret that the At- givings, I have acquiesced in some of agreed to in a largely party-line vote, torney General did not have the time the administration’s proposals because with Republicans voting against the to respond to questions from all the it is important to preserve national measure. In fact, then Senator Members of the Committee either on unity in this time of crisis and to move Ashcroft voted to table that amend- September 25 or last week, but again the legislative process forward. ment, and my good friend from Utah, thank him for the attention he prom- The result of our labors still leaves Senator HATCH, spoke against it and ised to give to the written questions room for improvement. Even after the opined, ‘‘I do not think we should ex- Members submitted about the legisla- Senate passes judgment on this bill, pand the wiretap laws any further.’’ I tion. We have not received answers to the debate will not be finished. We will recall Senator HATCH’s concern then those written questions yet, but I will have to consider the important judg- that ‘‘We must ensure that in our re- make them a part of the hearing record ments made by the House Judiciary sponse to recent terrorist acts, we do whenever they are sent. Committee in the version of the legis- not destroy the freedoms that we cher- The Chairman of the Constitution lation making its way through the ish.’’ I have worked very hard to main- Subcommittee, Senator FEINGOLD, also House. Moreover, I predict that some of tain that balance in negotiations con- held an important hearing on October 3 these provisions will face difficult tests cerning the current legislation. on the civil liberties ramifications of in the courts and that we in Congress Following the exchange on Sep- the expanded surveillance powers re- will have to revisit these issues at tember 19 of our legislative proposals, quested by the administration. I thank some time in the future when, as we all we have worked over the last two him for his assistance in illuminating devoutly hope, the present crisis has weeks around the clock with the ad- these critical issues for the Senate. passed. I also intend as Chairman of ministration to put together the best Rule 14: To accede to the administra- the Judiciary Committee to exercise legislative package we could. I share tion’s request for prompt consideration careful oversight of how the Depart- the administration’s goal of providing of this legislation, the leaders decided ment of Justice, the FBI and other ex- promptly the legal tools necessary to to hold the USA Act at the desk rather ecutive branch agencies are using the deal with the current terrorist threat. than refer the bill to the committee for newly-expanded powers that this bill While some have complained publicly markup, as is regular practice. Senator will give them. that the negotiations have gone on for HATCH specifically urged that this The negotiations on this bill have too long, the issues involved are of occur, and I support this decision. In- not been easy. Within days of the Sep- great importance, and we will have to deed, when the Senate considered the tember 11 attacks, I instructed my live with the laws we enact for a long anti-terrorism act in 1995 after the staff to begin work on legislation to time to come. Demands for action are Oklahoma City bombing, we bypassed address security needs on the Northern irresponsible when the road-map is committee in order to deal with the Border, the needs of victims and State pointed in the wrong direction. As Ben legislation more promptly on the floor. and local law enforcement, and crimi- Franklin once noted, ‘‘if we surrender Given the expedited process that we nal law improvements. A week after our liberty in the name of security, we have used to move this bill, I will take the attack, on September 19, the Attor- shall have neither.’’ more time than usual to detail its provisions. ney General and I exchanged the out- Moreover, our ability to make rapid The heart of every American aches lines of the legislative proposals and progress was impeded because the ne- for those who died or have been injured gotiations with the administration did pledged to work together towards our because of the tragic terrorist attacks not progress in a straight line. On sev- shared goal of putting tools in the in New York, Virginia, and Pennsyl- eral key issues that are of particular hands of law enforcement that would vania on September 11. Even now, we concern to me, we had reached an help prevent another terrorist attack. cannot assess the full measure of this Let me be clear: No one can guar- agreement with the administration on attack in terms of human lives, but we antee that Americans will be free from Sunday, September 30. Unfortunately, know that the number of casualties is the threat of future terrorist attacks, within two days, the administration extraordinarily high. and to suggest that this legislation—or announced that it was reneging on the Congress acted swiftly to help the any legislation—would or could provide deal. I appreciate the complex task of victims of September 11. Within 10 such a guarantee would be a false considering the concerns and missions days, we passed legislation to establish promise. I will not engage in such false of multiple federal agencies, and that a Victims Compensations Program, promises, and those in the administra- sometimes agreements must be modi- which will provide fair compensation tion who make such assertions do a fied as their implications are scruti- to those most affected by this national disservice to the American people. nized by affected agencies. When agree- tragedy. I am proud of our work on I have also heard claims that if cer- ments made by the administration that legislation, which will expedite tain powers had been previously au- must be withdrawn and negotiations on payments to thousands of Americans thorized by the Congress, we could resolved issues reopened, those in the whose lives were so suddenly shattered. somehow have prevented the Sep- administration who blame the Con- But now more than ever, we should tember 11 attacks. Given this rhetoric gress for delay with what the New York remember the tens of thousands of it may be instructive to review efforts Times described last week as ‘‘scur- Americans whose needs are not being that were made a few years ago in the rilous remarks,’’ do not help the proc- met—the victims of crimes that have Senate to provide law enforcement ess move forward. not made the national headlines. Just with greater tools to conduct surveil- We have expedited the legislative one day before the events that have so lance of terrorists and terrorist organi- process in the Judiciary Committee to transformed our nation, I came before zations. In May 1995, Senator LIEBER- consider the administration’s pro- this body to express my concern that MAN offered an amendment to the bill posals. In daily news conferences, the we were not doing more for crime vic- that became the Antiterrorism and Ef- Attorney General has referred to the tims. I noted that the pace of victims fective Death Penalty Act of 1996 that need for such prompt consideration. I legislation had slowed, and that many would have expanded the Government’s commend him for making the time to opportunities for progress had been authority to conduct emergency wire- appear before the Judiciary Committee squandered. I suggested that this year, taps to cases of domestic or inter- at a hearing September 25 to respond we had a golden opportunity to make national terrorism and added a defini- to questions that Members from both significant progress in this area by tion of domestic terrorism to include parties have about the administra- passing S.783, the Leahy-Kennedy violent or illegal acts apparently in- tion’s initial legislative proposals. I Crime Victims Assistance Act of 2001. tended to ‘‘intimidate, or coerce the ci- also thank the Attorney General for I am pleased, therefore, that the vilian population.’’ The consensus, bi- extending the hour and a half he was antiterrorism package now before the

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10367 Senate contains substantial portions of several programs to help States pro- fire fighters, police officers and rescue S.783 aimed at refining the Victims of vide better assistance for victims of workers who perish or suffer a dis- Crime Act of 1984, VOCA, and improv- State crimes. abling injury in connection with pre- ing the manner in which the Crime I also regret that we have not done vention, investigation, rescue or recov- Victims Fund is managed and pre- more for other victims of recent ter- ery efforts related to a future terrorist served. Most significantly, section 621 rorist attacks. While all Americans are attack. of the USA Act will eliminate the cap numbed by the heinous acts of Sep- The Public Safety Officers’ Benefits on VOCA spending, which has pre- tember 11, we should not forget the vic- Program provides benefits for each of vented more than $700 million in fund tims of the 1998 Embassy bombings in the families of law enforcement offi- deposits from reaching victims and East Africa. Eleven Americans and cers, firefighters, and emergency re- supporting essential services. many Kenyan and Tanzanian nationals sponse crew members who are killed or Congress has capped spending from employed by the United States lost disabled in the line of duty. Current the fund for the last two fiscal years, their lives in that tragic incident. It is regulations, however, require the fami- and President Bush has proposed a my understanding that compensation lies of public safety officers who have third cap for fiscal year 2002. These to the families of these victims has in fallen in the line of duty to go through limits on VOCA spending have created many instances fallen short. It is my a cumbersome and time-consuming ap- a growing sense of confusion and hope that OVC will use a portion of the plication process. In the face of our na- unease by many of those concerned newly replenished reserve fund to rem- tional fight against terrorism, it is im- about the future of the Fund. edy any inequity in the way that these portant that we provide a quick proc- We should not be imposing artificial individuals have been treated. ess to support the families of brave caps on VOCA spending while substan- Hate Crimes: We cannot speak of the Americans who selflessly give their tial unmet needs continue to exist. victims of the September 11 without lives so that others might live before, Section 621 of the USA Act replaces the also noting that Arab-Americans and during and after a terrorist attack. cap with a self-regulating system that Muslims in this country have become This provision builds on the new law championed by Senator CLINTON, Sen- will ensure stability and protection of the targets of hate crimes, harassment, ator SCHUMER and Congressman NAD- Fund assets, while allowing more and intimidation. I applaud the Presi- LER to speed the benefit payment proc- money to be distributed to the States dent for speaking out against and con- ess for families of public safety officers for victim compensation and assist- demning such acts, and visiting a killed in the line of duty in New York ance. mosque to demonstrate by action that City, Virginia, and Western Pennsyl- Other provisions included from S. 783 all religions are embraced in this coun- will also make an immediate difference vania, on September 11. try. I also commend the FBI Director Second, we have raised the total in the lives of victims, including vic- for his periodic reports on the number amount of Public Safety Officers’ Ben- tims of terrorism. Shortly after the of hate crime incidents against Arab- efit Program payments from approxi- Oklahoma City bombing, I proposed American and Muslims that the FBI is mately $150,000 to $250,000. This provi- and the Congress adopted the Victims aggressively investigating and making sion retroactively goes into effect to of Terrorism Act of 1995. This legisla- clear that this conduct is taken seri- provide much-needed relief for the fam- tion authorized the Office for Victims ously and will be punished. ilies of the brave men and women who of Crime (OVC) to set aside an emer- The USA Act contains, in section 102, sacrificed their own lives for their fel- gency reserve of up to $50 million as a sense of the Congress that crimes and low Americans during the year. Al- part of the Crime Victims Fund. The discrimination against Arab and Mus- though this increase in benefits can emergency reserve was intended to lim Americans are condemned. Many of never replace a family’s tragic loss, it serve as a ‘‘rainy day’’ fund to supple- us would like to do more, and finally is the right thing to do for the families ment compensation and assistance enact effective hate crimes legislation, of our fallen heroes. I want to thank grants to States to provide emergency but the administration has asked that Senator BIDEN and Senator HATCH for relief in the wake of an act of ter- the debate on that legislation be post- their bipartisan leadership on this pro- rorism or mass violence that might poned. One of my greatest regrets revision. otherwise overwhelm the resources of a garding the negotiations in this bill Third, we expand the Department of State’s crime victim compensation was the objections that prevented the Justice Regional Information Sharing program and crime victim assistance Local Law Enforcement Enhancement Systems Program to promote informa- services. Last month’s disaster created Act, S. 625, from being included in the tion sharing among Federal, State and vast needs that have all but depleted USA Act. local law enforcement agencies to in- the reserve. Section 621 of the USA Act The administration’s initial proposal vestigate and prosecute terrorist con- authorizes OVC to replenish the re- was entirely focused on Federal law en- spiracies and activities and authorize a serve with up to $50 million, and forcement. Yet, we must remember doubling of funding for this year and streamlines the mechanism for replen- that State and local law enforcement next year. The RISS Secure Intranet is ishment in future years. officers have critical roles to play in a nationwide law enforcement network Another critical provision of the USA preventing and investigating terrorist that already allows secure communica- Act will enable OVC to provide more acts. I am pleased that the USA Act we tions among the more than 5,700 Fed- immediate and effective assistance to consider today recognizes this fact. eral, State and local law enforcement victims of terrorism and mass violence As a former State prosecutor, I know agencies. Effective communication is occurring within the United States. I that State and local law enforcement key to effective law enforcement ef- proposed this measure last year as an officers are often the first responders forts and will be essential in our na- amendment to the Justice for Victims to a crime. On September 11, the Na- tional fight against terrorism. of Terrorism Act, but was compelled to tion saw that the first on the scene The RISS program enables its mem- drop it to achieve bipartisan consensus. were the heroic firefighters, police offi- ber agencies to send secure, encrypted I am pleased that we are finally getting cers and emergency personnel in New communications—whether within just it done this year. York City. These New York public safe- one agency or from one agency to an- These and other VOCA reforms in the ty officers, many of whom gave the ul- other. Federal agencies, such as the USA Act are long overdue. Yet, I regret timate sacrifice, remind us of how im- FBI, do not have this capability, but that we are not doing more. In my portant it is to support our State and recognize the need for it. Indeed, on view, we should pass the Crime Victims local law enforcement partners. The September 11, 2001, immediately after Assistance Act in its entirety. In addi- USA Act provides three critical meas- the terrorist attacks, FBI Head- tion to the provisions that are included ures of Federal support for our State quarters called RISS officials to re- in today’s antiterrorism package, this and local law enforcement officers in quest ‘‘Smartgate’’ cards and readers legislation provides for comprehensive the war against terrorism. to secure their communications sys- reform of Federal law to establish en- First, we streamline and expedite the tems. The FBI agency in Philadelphia hanced rights and protections for vic- Public Safety Officers’ Benefits appli- called soon after to request more tims of Federal crime. It also proposes cation process for family members of Smartgate cards and readers as well.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10368 CONGRESSIONAL RECORD — SENATE October 9, 2001 The Regional Information Sharing RAY and DORGAN have been especially quirements and limitations imposed by Systems Program is a proven success strong advocates of these provisions any other law in order to expedite the that we need to expand to improve se- and I thank them for their leadership. hiring of translators at the FBI. cure information sharing among Fed- In addition, the USA Act, in section This bill also directs the FBI Direc- eral, State and local law enforcement 401, authorizes the Attorney General to tor to establish such security require- agencies to coordinate their counter- waive the FTE cap on INS personnel in ments as are necessary for the per- terrorism efforts. order to address the national security sonnel employed as translators. We Our State and local law enforcement needs of the United States on the know the effort to recruit translators partners welcome the challenge to join northern border. Now more than ever, has a high priority, and the Congress in our national mission to combat ter- we must patrol our border vigilantly should provide all possible support. rorism. We cannot ask State and local and prevent those who wish America Therefore, the bill calls on the Attor- law enforcement officers to assume harm from gaining entry. At the same ney General to report to the Judiciary these new national responsibilities time, we must work with the Cana- Committees on the number of trans- without also providing new Federal dians to allow speedy crossing to legiti- lators employed by the Justice Depart- support. The USA Act provides the nec- mate visitors and foster the continued ment, any legal or practical impedi- essary Federal support for our State growth of trade which is beneficial to ments to using translators employed and local law enforcement officers to both countries. by other Federal, State, or local agen- serve as full partners in our fight In addition to providing for more per- cies, on a full, part-time, or shared against terrorism. sonnel, this bill also includes, in sec- basis; and the needs of the FBI for spe- I am deeply troubled by continuing tion 402(4), my proposal to provide $100 cific translation services in certain reports that information is not being million in funding for both the INS and languages, and recommendations for shared with state local law enforce- the Customs Service to improve the meeting those needs. ment. In particular, the testimony of technology used to monitor the North- Federal Crime of Terrorism: The ad- Baltimore Police Chief Ed Norris be- ern Border and to purchase additional ministration’s initial proposal assem- fore the House Government Reform equipment. The bill also includes, in bled a laundry list of more than 40 Fed- Committee last week highlighted the section 403(c), an important provision eral crimes ranging from computer current problem. from Senator CANTWELL directing the hacking to malicious mischief to the The unfolding facts about how the Attorney General, in consultation with use of weapons of mass destruction, terrorists who committed the Sep- other agencies, to develop a technical and designated them as ‘‘Federal ter- tember 11 attack were able to enter standard for identifying electronically rorism offenses,’’ regardless of the cir- this country without difficulty are the identity of persons applying for cumstances under which they were chilling. Since the attacks many have visas or seeking to enter the United committed. For example, a teenager pointed to our northern border as vul- States. In short, this bill provides a who spammed the NASA website and, nerable to the entry of future terror- comprehensive high-tech boost for the as a result, recklessly caused damage, ists. This is not surprising when a sim- security of our nation. would be deemed to have committed ple review of the numbers shows that This bill also includes important pro- this new ‘‘terrorism’’ offense. Under the northern border has been routinely posals to enhance data sharing. The the administration’s proposal, the con- short-changed in personnel. While the bill, in section 403, directs the Attor- sequences of this designation were se- number of Border Patrol agents along ney General and the FBI Director to vere. Crimes on the list would carry no the southern border has increased over give the State Department and INS ac- statute of limitations. The maximum the last few years to over 8,000, the cess to the criminal history informa- penalties would shoot up to life impris- number at the northern border has re- tion in the FBI’s National Crime Infor- onment, and those released earlier mained the same as a decade ago at 300. mation Center, NCIC, database, as the would be subject to a lifetime of super- This remains true despite the fact that administration and I both proposed. vised release. Moreover, anyone who Admad Ressam, the Algerian who The Attorney General is directed to re- harbored a person whom he had ‘‘rea- planned to blow up the Los Angeles port back to the Congress in two years sonable grounds to suspect’’ had com- International Airport in 1999, and who on progress in implementing this re- mitted, or was about to commit, a has been linked to those involved in quirement. We have also adopted the ‘‘Federal terrorism offense’’—whether the September 11 attacks, chose to administration’s language, in section it was the Taliban or the mother of my enter the United States at our north- 413, to make it easier for the State De- hypothetical teenage computer hack- ern border. It will remain an inviting partment to share information with er—would be subject to stiff criminal target until we dramatically improve foreign governments for aid in terrorist penalties. I worked closely with the ad- our security. investigations. ministration to ensure that the defini- The USA Act includes my proposals The USA Act contains a number of tion of ‘‘terrorism’’ in the USA Act fit to provide the substantial and long provisions intended to improve and up- the crime. overdue assistance for our law enforce- date the federal criminal code to ad- First, we have trimmed the list of ment and border control efforts along dress better the nature of terrorist ac- crimes that may be considered as ter- the Northern Border. My home State of tivity, assist the FBI in translating rorism predicates in section 808 of the Vermont has seen huge increases in foreign language information collected, bill. This shorter, more focused list, to Customs and INS activity since the and ensure that federal prosecutors are be codified at 18 U.S.C. §2332(g)(5)(B), signing of NAFTA. The number of peo- unhindered by conflicting local rules of more closely reflects the sorts of of- ple coming through our borders has conduct to get the job done. I will men- fenses committed by terrorists. risen steeply over the years, but our tion just a few of these provisions. Second, we have provided, in section staff and our resources have not. FBI Translators: The truth certainly 810, that the current 8-year limitations I proposed—and this legislation au- seems self-evident that all the best sur- period for this new set of offenses will thorizes in section 402—tripling the veillance techniques in the world will remain in place, except where the com- number of Border Patrol, INS inspec- not help this country defend itself from mission of the offense resulted in, or tors, and Customs Service employees in terrorist attack if the information can- created a risk of, death or serious bod- each of the States along the 4,000-mile not be understood in a timely fashion. ily injury. Northern Border. I was gratified when Indeed, within days of September 11, Third, rather than make an across- 22 Senators—Democrats and Repub- the FBI Director issued an employment the-board, one-size-fits-all increase of licans—wrote to the President sup- ad on national TV by calling upon the penalties for every offense on the porting such an increase, and I am those who speak Arabic to apply for a list, without regard to the severity of pleased that the administration agreed job as an FBI translator. This is a dire the offense, we have made, in section that this critical law enforcement im- situation that needs attention. I am 811, more measured increases in max- provement should be included in the therefore gratified that the administra- imum penalties where appropriate, in- bill. Senators CANTWELL and SCHUMER tion accepted my proposal, in section cluding life imprisonment or lifetime in the Committee and Senators MUR- 205, to waive any federal personnel re- supervised release in cases in which the

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10369 offense resulted in death. We have also fessional responsibility, and not to the ing the bus into the oncoming traffic. added, in section 812, conspiracy provi- possibly inconsistent standards of Six people were killed in the crash. Be- sions to a few criminal statutes where other jurisdictions. By incorporating cause there are currently no Federal appropriate, with penalties equal to this ordinary choice-of-law principle, laws addressing terrorism of mass the penalties for the object offense, up the bill preserves the Federal courts’ transportation systems, however, there to life imprisonment. traditional authority to oversee the may be no Federal jurisdiction over Finally, we have more carefully de- professional conduct of Federal trial such a case, even if it were committed fined the new crime of harboring ter- lawyers, including Federal prosecutors. by suspected terrorists. Clearly, there rorists in section 804, so that it applies It thus avoids the uncertainties pre- is an urgent need for strong criminal only to those harboring people who sented by the McDade law, which po- legislation to deter attacks against have committed, or are about to com- tentially subjects Federal prosecutors mass transportation systems. Section mit, the most serious of Federal ter- to State laws, rules of criminal proce- 801 will fill this gap. rorism-related crimes, such as the use dure, and judicial decisions which dif- Cybercrime: The Computer Fraud of weapons of mass destruction. More- fer from existing Federal law. and Abuse Act, 18 U.S.C. section 1030, is over, it is not enough that the defend- Another part of section 501 specifi- the primary Federal criminal statute ant had ‘‘reasonable grounds to sus- cally addresses the situation in Oregon, prohibiting computer frauds and hack- pect’’ that the person he was harboring where a State court ruling has seri- ing. I worked with Senator HATCH in had committed, or was about to com- ously impeded the ability of Federal the last Congress to make improve- mit, such a crime; the Government agents to engage in undercover oper- ments to this law in the Internet Secu- must prove that the defendant knew or ations and other covert activities. See rity Act, which passed the Senate as had ‘‘reasonable grounds to believe’’ In re Gatti, 330 Or. 517 (2000). Such ac- part of another bill. Our work is in- that this was so. tivities are legitimate and essential cluded in section 815 of the USA Act. McDade Fix: The massive investiga- crime-fighting tools. The Professional This section would amend the statute tion underway into who was respon- Standards for Government Attorneys to clarify the appropriate scope of fed- sible for and assisted in carrying out Act ensures that these tools will be eral jurisdiction. First, the bill adds a the September 11 attacks stretches available to combat terrorism. definition of ‘‘loss’’ to cover any rea- across State and national boundaries. Finally, section 501 addresses the sonable cost to the victim in respond- While the scope of the tragedy is un- most pressing contemporary question ing to a computer hacker. Calculation surpassed, the disregard for State and of government attorney ethics—name- of loss is important both in deter- national borders of this criminal con- ly, the question of which rule should mining whether the $5,000 jurisdic- spiracy is not unusual. Federal inves- govern government attorneys’ commu- tional hurdle in the statute is met, tigative officers and prosecutors often nications with represented persons. It and, at sentencing, in calculating the must follow leads and conduct inves- asks the Judicial Conference of the appropriate guideline range and res- tigations outside their assigned juris- United States to submit to the Su- titution amount. dictions. At the end of the 105th Con- preme Court a proposed uniform na- Second, the bill amends the defini- gress, a legal impediment to such tional rule to govern this area of pro- tion of ‘‘protected computer,’’ to in- multi-jurisdiction investigations was fessional conduct, and to study the clude qualified computers even when slipped into the omnibus appropria- need for additional national rules to they are physically located outside of tions bill, over the objection at the govern other areas in which the pro- the United States. This clarification time of every member of the Senate liferation of local rules may interfere will preserve the ability of the United Judiciary Committee. with effective Federal law enforce- States to assist in international hack- I have spoken many times over the ment. The Rules Enabling Act process ing cases. past two years of the problems caused is the ideal one for developing such Finally, this section eliminates the by the so-called McDade law, 28 U.S.C. rules, both because the Federal judici- current directive to the Sentencing § 530B. According to the Justice Depart- ary traditionally is responsible for Commission requiring that all viola- ment, the McDade law has delayed im- overseeing the conduct of lawyers in tions, including misdemeanor viola- portant criminal investigations, pre- Federal court proceedings, and because tions, of certain provisions of the Com- vented the use of effective and tradi- this process would best provide the Su- puter Fraud and Abuse Act be punished tionally-accepted investigative tech- preme Court an opportunity fully to with a term of imprisonment of at niques, and served as the basis of liti- consider and objectively to weigh all least 6 months. gation to interfere with legitimate fed- relevant considerations. Biological Weapons: Borrowing from eral prosecutions. At a time when we The problems posed to Federal law a bill introduced in the last Congress need Federal law enforcement authori- enforcement investigations and pros- by Senator BIDEN, the USA Act con- ties to move quickly to catch those re- ecutions by the McDade law are real tains a provision in section 802 to sponsible for the September 11 attacks, and urgent. The Professional Standards strengthen our Federal laws relating to and to prevent further attacks on our for Government Attorneys Act pro- the threat of biological weapons. Cur- country, we can no longer tolerate the vides a reasonable and measured alter- rent law prohibits the possession, de- drag on Federal investigations and native: It preserves the traditional role velopment, or acquisition of biological prosecutions caused by this ill-consid- of the State courts in regulating the agents or toxins ‘‘for use as a weapon.’’ ered legislation. conduct of attorneys licensed to prac- This section amends the definition of On September 19, I introduced S. 1437, tice before them, while ensuring that ‘‘for use as a weapon’’ to include all the Professional Standards for Govern- Federal prosecutors and law enforce- situations in which it can be proven ment Attorneys Act of 2001, along with ment agents will be able to use tradi- that the defendant had any purpose Senators HATCH and WYDEN. This bill tional Federal investigative tech- other than a peaceful purpose. This proposes to modify the McDade law by niques. We need to pass this corrective will enhance the Government’s ability establishing a set of rules that clarify legislation before more cases are com- to prosecute suspected terrorists in the professional standards applicable promised. possession of biological agents or tox- to government attorneys. I am de- Terrorist Attacks Against Mass ins, and conform the scope of the lighted that the administration recog- Transportation Systems: Another pro- criminal offense in 18 U.S.C. section 175 nized the importance of S. 1437 for im- vision of the USA Act that was not in- more closely to the related forfeiture proving Federal law enforcement and cluded in the administration’s initial provision in 18 U.S.C. section 176. This combating terrorism, and agreed to its proposal is section 801, which targets section also contains a new statute, 18 inclusion as section 501 of the USA Act. acts of terrorism and other violence U.S.C. section 175b, which generally The first part of section 501 embodies against mass transportation systems. makes it an offense for certain re- the traditional understanding that Just last week, a Greyhound bus stricted persons, including non-resi- when lawyers handle cases before a crashed in Tennessee after a deranged dent aliens from countries that support Federal court, they should be subject passenger slit the driver’s throat and international terrorism, to possess a to the Federal court’s standards of pro- then grabbed the steering wheel, forc- listed biological agent or toxin.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10370 CONGRESSIONAL RECORD — SENATE October 9, 2001 Of greater consequence, section 802 across the country where critical infra- The bill contains a number of sen- defines another additional offense, pun- structure may be vulnerable to attacks sible proposals that should be not be ishable by up to 10 years in prison, of from terrorists or other cyber-crimi- controversial. possessing a biological agent, toxin, or nals. Wiretap Predicates: For example, delivery system ‘‘of a type or in a Section 507 of the USA Act gives the sections 201 and 202 of the USA Act quantity that, under the cir- Secret Service concurrent jurisdiction would add to the list of crimes that cumstances,’’ is not reasonably justi- to investigate offenses under 18 U.S.C. may be used as predicates for wiretaps fied by a peaceful purpose. As origi- section 1030, relating to fraud and re- certain offenses which are specifically nally proposed by the administration, lated activity in connection with com- tailored to the terrorist threat. In ad- this provision specifically stated that puters. Prior to the 1996 amendments dition to crimes that relate directly to knowledge of whether the type or to the Computer Fraud and Abuse Act, terrorism, the list would include quantity of the agent or toxin was rea- the Secret Service was authorized to crimes of computer fraud and abuse sonably justified was not an element of investigate any and all violations of which are committed by terrorists to the offense. Thus, although the burden section 1030, pursuant to an agreement support and advance their illegal objec- of proof is always on the government, between the Secretary of Treasury and tives. every person who possesses a biological the Attorney General. The 1996 amend- FISA Roving Wiretaps: The bill, in agent, toxin, or delivery system was at ments, however, concentrated Secret section 206, would authorize the use of some level of risk. I am pleased that Service jurisdiction on certain speci- roving wiretaps in the course of a for- the administration agreed to drop this fied subsections of section 1030. The eign intelligence investigation and portion of the provision. current amendment would return full brings FISA into line with criminal Nevertheless, I remain troubled by jurisdiction to the Secret Service and procedures that allow surveillance to the subjectivity of the substantive would allow the Justice and Treasury follow a person, rather than requiring a standard for violation of this new Departments to decide on the appro- separate court order identifying each criminal prohibition, and question priate work-sharing balance between telephone company or other commu- whether it provides sufficient notice the two. This will enable the Secret nication common carrier whose assist- under the Constitution. I also share the Service to investigate a wide range of ance is needed. This is a matter on concerns of the American Society for potential White House network intru- which the Attorney General and I Microbiology and the Association of sions, as well as intrusions into remote reached early agreement. This is the American Universities that this provi- sites, outside of the White House, that kind of change that has a compelling sion will have a chilling effect upon le- could impact the safety and security of justification, because it recognizes the gitimate scientific inquiry that offsets its protectees, and to continue its mis- ease with which targets of investiga- any benefit in protecting against ter- sions to protect the Nation’s critical tions can evade surveillance by chang- rorism. While we have tried to prevent infrastructure and financial payment ing phones. In fact, the original roving against this by creating an explicit ex- systems. wiretap authority for use in criminal Counter-terrorism Fund: The USA clusion for ‘‘bona fide research,’’ this investigations was enacted as part of Act also authorizes, for the first time, provision may yet prove unworkable, the Electronic Communications Pri- a counter-terrorism fund in the Treas- unconstitutional, or both. I urge the vacy Act, ECPA, in 1986. I was proud to ury of the United States to reimburse Justice Department and the research be the primary Senate sponsor of that Justice Department for any costs in- community to work together on sub- earlier law. curred in connection with the fight stitute language that would provide Paralleling the statutory rules appli- against terrorism. cable to criminal investigations, the prosecutors with a more workable tool. Specifically, this counter-terrorism Secret Service Jurisdiction: Two sec- formulation I originally proposed made fund will : one, reestablish an office or tions of the USA Act were added at the clear that this roving wiretap author- facility that has been damaged as the request of the United States Secret result of any domestic or international ity must be requested in the applica- Service, with the support of the admin- terrorism incident; two, provide sup- tion before the FISA court was author- istration. I was pleased to accommo- port to counter, investigate, or pros- ized to order such roving surveillance date the Secret Service by including ecute domestic or international ter- authority. Indeed, the administration these provisions in the bill to expand rorism, including paying rewards in agrees that the FISA court may not Electronic Crimes Task Forces and to connection with these activities; three, grant such authority sua sponte. Nev- clarify the authority of the Secret conduct terrorism threat assessments ertheless, we have accepted the admin- Service to investigate computer of Federal agencies; and four, for costs istration’s formulation of the new rov- crimes. incurred in connection with detaining ing wiretap authority, which requires The Secret Service is committed to individuals in foreign countries who the FISA court to make a finding that the development of new tools to com- are accused of acts of terrorism in vio- the actions of the person whose combat the growing areas of financial lation of United States law. munications are to be intercepted crime, computer fraud, and I first authored this counter-ter- could have the effect of thwarting the cyberterrorrism. Recognizing a need rorism fund in the S. 1319, the 21st Cen- identification of a specified facility or for law enforcement, private industry tury Department of Justice Appropria- place. While no amendment is made to and academia to pool their resources, tions Authorization Act, which Sen- the statutory directions for what must skills and vision to combat criminal ator HATCH and I introduced in August. be included in the application for a elements in cyberspace, the Secret The USA Act provides enhanced sur- FISA electronic surveillance order, Service created the New York Elec- veillance procedures for the investiga- these applications should include the tronic Crimes Task Force, NYECTF. tion of terrorism and other crimes. The necessary information to support the This highly successful model is com- challenge before us has been to strike a FISA court’s finding that roving wire- prised of over 250 individual members, reasonable balance to protect both se- tap authority is warranted. including 50 different Federal, State curity and the liberties of our people. Search Warrants: The USA Act, in and local law enforcement agencies, 100 In some respects, the changes made are section 219, authorizes nationwide serv- private companies, and 9 universities. appropriate and important ones to up- ice of search warrants in terrorism in- Since its inception in 1995, the date surveillance and investigative vestigations. This will allow the judge NYECTF has successfully investigated procedures in light of new technology who is most familiar with the develop- a range of financial and electronic and experience with current law. Yet, ments in a fast-breaking and complex crimes, including credit card fraud, in other respects, I have deep concerns terrorism investigation to make deter- identity theft, bank fraud, computer that we may be increasing surveillance minations of probable cause, no matter systems intrusions, and e-mail threats powers and the sharing of criminal jus- where the property to be searched is lo- against protectees of the Secret Serv- tice information without adequate cated. This will not only save time by ice. Section 105 of the USA Act author- checks on how information may be avoiding having to bring up-to-speed izes the Secret Service to develop simi- handled and without adequate account- another judge in another jurisdiction lar task forces in cities and regions ability in the form of judicial review. where the property is located, but also

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10371 serves privacy and fourth amendment lic may disclose the contents of a cus- update the judicial review procedure, interests in ensuring that the most tomer’s communications—to law en- which, unlike any other area in crimi- knowledgeable judge makes the deter- forcement or anyone else—in order to nal procedure, bars the exercise of judi- mination of probable cause. The bill, in protect its rights or property. See 18 cial discretion in reviewing the jus- section 209, also authorizes voice mail U.S.C. section 2702(b)(5). However, the tification for the order. The USA Act, messages to be seized on the authority current statute does not expressly per- in section 216, updates the pen register of a probable cause search warrant mit a provider voluntarily to disclose and trap and trace laws only in two out rather than through the more burden- non-content records, such as a sub- of three respects I believe are impor- some and time-consuming process of a scriber’s login records, to law enforce- tant, and without allowing meaningful wiretap. ment for purposes of self-protection. judicial review. Yet, we were able to Electronic Records: The bill updates See 18 U.S.C. Section 2703(c)(1)(B). Yet improve the administration’s initial the laws pertaining to electronic the right to disclose the content of proposal, which suffered from the same records in three primary ways. First, communications necessarily implies problems as the provision that was in section 210, the bill authorizes the the less intrusive ability to disclose hastily taken up and passed by the nationwide service of subpoenas for non-content records. Cf. United States v. Senate, by voice vote, on September, subscriber information and expands the Auler, 539 F.2d 642, 646 n.9, 7th Cir. 1976, 13, 2001, as an amendment to the Com- list of items subject to subpoena to in- phone company’s authority to monitor merce Justice State Appropriations clude the means and source of payment and disclose conversations to protect Act. for the service. against fraud necessarily implies right Nationwide Service: The existing Second, in section 211, the bill equal- to commit lesser invasion of using, and legal procedures for pen register and izes the standard for law enforcement disclosing fruits of, pen register device, trap-and-trace authority require serv- access to cable subscriber records on citing United States v. Freeman, 524 F.2d ice of individual orders for installation the same basis as other electronic 337, 341, 7th Cir. 1975. Moreover, as a of pen register or trap and trace device records. The Cable Communications practical matter providers must have on the service providers that carried Policy Act, passed in 1984 to regulate the right to disclose the facts sur- the targeted communications. Deregu- various aspects of the cable television rounding attacks on their systems. lation of the telecommunications industry has had the consequence that industry, did not take into account the When a telephone carrier is defrauded one communication may be carried by changes in technology that have oc- by a subscriber, or when an ISP’s au- multiple providers. For example, a curred over the last 15 years. Cable tel- thorized user launches a network in- telephone call may be carried by a evision companies now often provide trusion against his own ISP, the pro- competitive local exchange carrier, Internet access and telephone service vider must have the legal ability to re- which passes it at a switch to a local in addition to television programming. port the complete details of the crime Bell Operating Company, which passes This amendment clarifies that a cable to law enforcement. The bill clarifies it to a long distance carrier, which company must comply with the laws that service providers have the statu- hands it to an incumbent local ex- governing the interception and disclo- tory authority to make such disclo- change carrier elsewhere in the U.S., sure of wire and electronic communica- sures. which in turn may finally hand it to a tions just like any other telephone Pen Registers: There is consensus cellular carrier. If these carriers do not company or Internet service provider. that the existing legal procedures for pass source information with each call, The amendments would retain current pen register and trap-and-trace author- identifying that source may require standards that govern the release of ity are antiquated and need to be up- compelling information from a host of customer records for television pro- dated. I have been proposing ways to providers located throughout the coun- gramming. update the pen register and trap and try. Finally, the bill, in section 212, per- trace statutes for several years, but Under present law, a court may only mits, but does not require, an elec- not necessarily in the same ways as the authorize the installation of a pen reg- tronic communications service to dis- administration initially proposed. In ister or trap device ‘‘within the juris- close the contents of and subscriber in- fact, in 1998, I introduced with then- diction of the court.’’ As a result, when formation about communications in Senator Ashcroft, the E-PRIVACY Act, one provider indicates that the source emergencies involving the immediate S. 2067, which proposed changes in the of a communication is a carrier in an- danger of death or serious physical in- pen register laws. In 1999, I introduced other district, a second order may be jury. Under current law, if an ISP’s the E-RIGHTS Act, S. 934, also with necessary. The Department of Justice customer receives an e-mail death proposals to update the pen register has advised, for example, that in 1996, a threat from another customer of the laws. hacker, who later turned out to be same ISP, and the victim provides a Again, in the last Congress, I intro- launching his attacks from a foreign copy of the communication to the ISP, duced the Internet Security Act, S. country, extensively penetrated com- the ISP is limited in what actions it 2430, on April 13, 2000, that proposed: puters belonging to the Department of may take. On one hand, the ISP may one, changing the pen register and trap Defense. This hacker was dialing into a disclose the contents of the forwarded and trace device law to give nationwide computer at Harvard University and communication to law enforcement, or effect to pen register and trap and used this computer as an intermediate to any other third party as it sees fit. trace orders obtained by Government staging point in an effort to conceal his See 18 U.S.C. section 2702(b)(3). On the attorneys and obviate the need to ob- location and identity. Investigators ob- other hand, current law does not ex- tain identical orders in multiple Fed- tained a trap and trace order instruct- pressly authorize the ISP to volun- eral jurisdictions; two, clarifying that ing the phone company, Nynex, to tarily provide law enforcement with such devices can be used for computer trace these calls, but Nynex could only the identity, home address, and other transmissions to obtain electronic ad- report that the communications were subscriber information of the user dresses, not just on telephone lines; coming to it from a long-distance car- making the threat. See 18 U.S.C. sec- and three, as a guard against abuse, rier, MCI. Investigators then applied tion 2703(c)(1)(B),(C), permitting disclo- providing for meaningful judicial re- for a court order to obtain the connec- sure to government entities only in review of government attorney application information from MCI, but since sponse to legal process. In those cases tions for pen registers and trap and the hacker was no longer actually where the risk of death or injury is im- trace devices. using the connection, MCI could not minent, the law should not require pro- As the outline of my earlier legisla- identify its source. Only if the inves- viders to sit idly by. This voluntary tion suggests, I have long supported tigators could have served MCI with a disclosure, however, in no way creates modernizing the pen register and trap trap and trace order while the hacker an affirmative obligation to review and trace device laws by modifying the was actively on-line could they have customer communications in search of statutory language to cover the use of successfully traced back and located such imminent dangers. these orders on computer trans- him. Also, under existing law, a provider missions; to remove the jurisdictional In another example provided by the even one providing services to the pub- limits on service of these orders; and to Department of Justice, investigators

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10372 CONGRESSIONAL RECORD — SENATE October 9, 2001 encountered similar difficulties in at- For example, the pen register defini- register devices ‘‘do capture all elec- tempting to track Kevin Mitnick, a tion refers to telephone ‘‘numbers’’ tronic impulses transmitted by the fa- criminal who continued to hack into rather than the broader concept of a cility on which they are attached, in- computers attached to the Internet de- user’s communications account. Al- cluding such impulses transmitted spite the fact that he was on supervised though pen register and trap orders after a phone call is connected to the release for a prior computer crime con- have been obtained for activity on called party.’’ The impulses made after viction. The FBI attempted to trace computer networks, Internet service the call is connected could reflect the these electronic communications while providers have challenged the applica- electronic banking transactions a call- they were in progress. In order to evade tion of the statute to electronic com- er makes, or the electronic ordering arrest, however, Mitnick moved around munications, frustrating legitimate in- from a catalogue that a customer the country and used cloned cellular vestigations. I have long supported up- makes over the telephone, or the elec- phones and other evasive techniques. dating the statute by removing words tronic ordering of a prescription drug. His hacking attacks would often pass such as ‘‘numbers . . . dialed’’ that do This transactional data intercepted through one of two cellular carriers, a not apply to the way that pen/trap de- after the call is connected is ‘‘con- local phone company, and then two vices are used and to clarify the stat- tent.’’ As the Justice Department ex- Internet service providers. In this situ- ute’s proper application to tracing plained in May, 1998 in a letter to ation, where investigators and service communications in an electronic envi- House Judiciary Committee Chairman Henry Hyde, ‘‘the retrieval of the elec- providers had to act quickly to trace ronment, but in a manner that is tech- tronic impulses that a caller nec- Mitnick in the act of hacking, only nology neutral and does not capture essarily generated in attempting to di- many repeated attempts—accompanied the content of communications. That rect the phone call″ does not constitute by an order to each service provider— being said, I have been concerned about a ‘‘search’’ requiring probable cause finally produced success. Fortunately, the FBI and Justice Department’s insistence over the past few years that since ‘‘no part of the substantive infor- Mitnick was such a persistent hacker mation transmitted after the caller that he gave law enforcement many the pen/trap devices statutes be up- dated with broad, undefined terms that had reached the called party’’ is ob- chances to complete the trace. tained. But the Justice Department This duplicative process of obtaining continue to flame concerns that these made clear that ‘‘all of the information laws will be used to intercept private a separate order for each link in the transmitted after a phone call is con- communications content. communications chain can be quite nected to the called party . . . is sub- time-consuming, and it serves no use- The administration’s initial pen/trap device proposal added the terms ‘‘rout- stantive in nature. These electronic ful purpose since the original court has impulses are the ‘contents’ of the call: already authorized the trace. More- ing’’ and ‘‘addressing’’ to the definitions describing the information that They are not used to direct or process over, a second or third order addressed the call, but instead convey certain to a particular carrier that carried part was authorized for interception on the low relevance standard under these messages to the recipient.’’ of a prior communication may prove When I added the direction on use of laws. The administration and the De- useless during the next attack: in com- reasonably available technology, codi- puter intrusion cases, for example, the partment of Justice flatly rejected my fied as 18 U.S.C. 3121(c), to the pen reg- target may use an entirely different suggestion that these terms be defined ister statute as part of the Commu- path, i.e., utilize a different set of in- to respond to concerns that the new nications Assistance for Law Enforce- termediate providers, for his or her terms might encompass matter consid- ment Act, CALEA, in 1994, I recognized subsequent activity. ered content, which may be captured that these devices collected content The bill would modify the pen reg- only upon a showing of probable cause, and that such collection was unconsti- ister and trap and trace statutes to not the mere relevancy of the pen/trap tutional on the mere relevance stand- allow for nationwide service of a single statute. Instead, the administration ard. Nevertheless, the FBI advised me order for installation of these devices, agreed that the definition should ex- in June 2000, that pen register devices without the necessity of returning to pressly exclude the use of pen/trap de- for telephone services ‘‘continue to op- court for each new carrier. I support vices to intercept ‘‘content,’’ which is erate as they have for decades’’ and this change. broadly defined in 18 U.S.C. 2510(8). that ‘‘there has been no change . . . Second, the language of the existing While this is an improvement, the that would better restrict the record- statute is hopelessly out of date and FBI and Justice Department are short- ing or decoding of electronic or other speaks of a pen register or trap and sighted in their refusal to define these impulses to the dialing and signaling trace ‘‘device’’ being ‘‘attached’’ to a terms. We should be clear about the information utilized in call proc- telephone ‘‘line.’’ However, the rapid consequence of not providing defini- essing.’’ Perhaps, if there were mean- computerization of the telephone sys- tions for these new terms in the pen/ ingful judicial review and account- tem has changed the tracing process. trap device statutes. These terms will ability, the FBI would take the statu- No longer are such functions normally be defined, if not by the Congress, then tory direction more seriously and actu- accomplished by physical hardware by the courts in the context of crimi- ally implement it. components attached to telephone nal cases where pen/trap devices have Judicial Review: Due in significant lines. Instead, these functions are typi- been used and challenged by defend- part to the fact that pen/trap devices in cally performed by computerized col- ants. If a court determines that a pen use today collect ‘‘content,’’ I have lection and retention of call routing in- register has captured ‘‘content,’’ which sought in legislation introduced over formation passing through a commu- the FBI admits such devices do, in vio- the past few years to update and mod- nications system. lation of the Fourth Amendment, sup- ify the judicial review procedure for The statute’s definition of a ‘‘pen pression may be ordered, not only of pen register and trap and trace devices. register’’ as a ‘‘device’’ that is ‘‘at- the pen register evidence by any other Existing law requires an attorney for tached’’ to a particular ‘‘telephone evidence derived from it. We are leav- the Government to certify that the in- line’’ is particularly obsolete when ap- ing the courts with little or no guid- formation likely to be obtained by the plied to the wireless portion of a cel- ance of what is covered by ‘‘address- installation of a pen register or trap lular phone call, which has no line to ing’’ or ‘‘routing.’’ and trace device will be relevant to an which anything can be attached. While The USA Act also requires the gov- ongoing criminal investigation. The courts have authorized pen register or- ernment to use reasonably available court is required to issue an order upon ders for wireless phones based on the technology that limits the intercep- seeing the prosecutor’s certification. notion of obtaining access to a ‘‘virtual tions under the pen/trap device laws The court is not authorized to look be- line,’’ updating the law to keep pace ‘‘so as not to include the contents of hind the certification to evaluate the with current technology is a better any wire or electronic communica- judgement of the prosecutor. course. tions.’’ This limitation on the tech- I have urged that government attor- Moreover, the statute is ill-equipped nology used by the government to exe- neys be required to include facts about to facilitate the tracing of communica- cute pen/trap orders is important since, their investigations in their applications that take place over the Internet. as the FBI advised me June, 2000, pen tions for pen/trap orders and allow

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10373 courts to grant such orders only where The administration initially pro- an amendment proposed by Senators the facts support the relevancy of the posed a different formulation of the ex- KYL and FEINSTEIN to S. 2507, the ‘‘In- information likely to be obtained by ception that would have allowed an telligence Authorization Act for fiscal the orders. This is not a change in the owner/operator of any computer con- year 2001 that would have allowed the applicable standard, which would re- nected to the Internet to consent to sharing of foreign intelligence and main the very low relevancy standard. FBI wiretapping of any user who vio- counterintelligence information col- Instead, this change would simply lated a workplace computer use policy lected from wiretaps with the intel- allow the court to evaluate the facts or online service term of service and ligence community.’’ I deferred to the presented by a prosecutor, and, if it was thereby an ‘‘unauthorized’’ user. Justice Department on this issue and finds that the facts support the Gov- The administration’s proposal was not sought changes in the proposed amend- ernment’s assertion that the informa- limited to computer hacking offenses ment to address the Department’s con- tion to be collected will be relevant, under 18 U.S.C. 1030 or to conduct that cern that this provision was not only issue the order. Although this change caused harm to a computer or com- unnecessary but also ‘‘could have sig- will place an additional burden on law puter system. The administration re- nificant implications for prosecutions enforcement, it will allow the courts a jected these refinements to their pro- and the discovery process in litiga- greater ability to assure that govern- posed wiretap exception, but did agree, tion,’’ ‘‘raises significant issues regard- ment attorneys are using such orders in section 217 of the USA Act, to limit ing the sharing with intelligence agen- properly. the authority for wiretapping with the cies of information collected about Some have called this change a ‘‘roll- consent of the owner/operator to com- United States persons’’ and jeopardized back’’ in the statute, as if the concept munications of unauthorized users ‘‘the need to protect equities relating without an existing subscriber or other of allowing meaningful judicial review to ongoing criminal investigations.’’ In contractual relationship with the was an extreme position. To the con- the end, the amendment was revised to owner/operator. trary, this is a change that the Clinton address the Justice Department’s con- administration supported in legislation Sharing Criminal Justice Informa- tion: The USA Act will make signifi- cerns and passed the Senate as a free- transmitted to the Congress last year. standing bill, S. S. 3205, the Counter- This is a change that the House Judici- cant changes in the sharing of confidential criminal justice information terrorism Act of 2000. The House took ary Committee also supported last no action on this legislation. year. In the Electronic Communica- with various Federal agencies. For tions Privacy Act, H.R. 5018, that Com- those of us who have been concerned Disclosure of Wiretap Information: mittee proposed that before a pen/trap about the leaks from the FBI that can The administration initially proposed device ‘‘could be ordered installed, the irreparably damage reputations of in- adding a sweeping provision to the government must first demonstrate to nocent people and frustrate investiga- wiretap statute that broadened the def- an independent judge that ‘specific and tions by alerting suspects to flee or de- inition of an ‘‘investigative or law en- articulable facts reasonably indicate stroy material evidence, the adminis- forcement officer’’ who may receive that a crime has been, is being, or will tration’s insistence on the broadest au- disclosures of information obtained be committed, and information likely thority to disseminate such informa- through wiretaps to include Federal to be obtained by such installation and tion, without any judicial check, is dis- law enforcement, intelligence, national use . . . is relevant to an investigation turbing. Nonetheless, I believe we have security, national defense, protective of that crime.’ ’’ Report 106–932, 106th improved the administration’s initial and immigration personnel and the Cong. 2d Sess., Oct. 4, 2000, p. 13. Unfor- proposal in responsible ways. Only President and Vice President. This pro- tunately, the Bush administration has time will tell whether the improve- posal troubled me because information taken a contrary position and has re- ments we were able to reach agreement intercepted by a wiretap has enormous jected this change in the judicial re- on are sufficient. potential to infringe upon the privacy At the outset, we should be clear that view process. rights of innocent people, including Computer Trespasser: Currently, an current law allows the sharing of con- people who are not even suspected of a owner or operator of a computer that is fidential criminal justice information, crime and merely happen to speak on but with close court supervision. Fed- accessed by a hacker as a means for the the telephone with the targets of an in- eral Rule of Criminal Procedure 6(e) hacker to reach a third computer, can- vestigation. For this reason, the au- provides that matters occurring before not simply consent to law enforcement thority to disclose information ob- a grand jury may be disclosed only to monitoring of the computer. Instead, tained through a wiretap has always an attorney for the government, such because the owner or operator is not been carefully circumscribed in law. other government personnel as are nec- technically a party to the communica- While I recognize that appropriate of- essary to assist the attorney and an- tion, law enforcement needs wiretap ficials in the executive branch of gov- other grand jury. Further disclosure is authorization under Title III to con- ernment should have access to wiretap also allowed as specifically authorized duct such monitoring. I have long been information that is important to com- by a court. bating terrorism or protecting the na- interested in closing this loophole. In- Similarly, section 2517 of title 18, tional security, I proposed allowing deed, when I asked about this problem, United States Code provides that wire- such disclosures where specifically au- the FBI explained to me in June, 2000, tap evidence may be disclosed in testi- thorized by a court order. Further, that: mony during official proceedings and with respect to information relating to This anomaly in the law creates an unten- to investigative or law enforcement of- able situation whereby providers are some- ficers to the extent appropriate to the terrorism, I proposed allowing the dis- times forced to sit idly by as they witness proper performance of their official du- closure without a court order as long hackers enter and, in some situations, de- as the judge who authorized the wire- stroy or damage their systems and networks ties. In addition, the wiretap law allows disclosure of wiretap evidence tap was notified as soon as practicable while law enforcement begins the detailed after the fact. This would have pro- process of seeking court authorization to as- ‘‘relating to offenses other than speci- sist them. In the real world, the situation is fied in the order’’ when authorized or vided a check against abuses of the dis- akin to a homeowner being forced to help- approved by a judge. Indeed, just last closure authority by providing for re- lessly watch a burglar or vandal while police year, the Justice Department assured view by a neutral judicial official. At seek a search warrant to enter the dwelling. us that ‘‘law enforcement agencies the same time, there was a little likeli- I therefore introduced as part of the have authority under current law to hood that a judge would deny any re- Internet Security Act, S. 2430, in 2000, share title III information regarding quests for disclosure in cases where it an exception to the wiretap statute terrorism with intelligence agencies was warranted. that would explicitly permit such mon- when the information is of overriding On Sunday, September 30, the admin- itoring without a wiretap if prior con- importance to the national security.’’ istration agreed to my proposal, but sent is obtained from the person whose Letter from Robert Raben, Assistant within two days, it backed away from computer is being hacked through and Attorney General, September 28, 2000. its agreement. I remain concerned that used to send ‘‘harmful interference to a For this reason, and others, the Jus- the resulting provision will allow the lawfully operating computer system.’’ tice Department at the time opposed unprecedented, widespread disclosure

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10374 CONGRESSIONAL RECORD — SENATE October 9, 2001 of this highly sensitive information subject to all limitations applicable to formation throughout the executive without any notification to or review their retention and dissemination of branch of the government notwith- by the court that authorizes and super- information of the type of information standing any current legal prohibition vises the wiretap. This is clearly an received. This includes the Privacy that may prevent or limit its disclo- area where our committee will have to Act, the criminal penalties for unau- sure. I have resisted this proposal more exercise close oversight to make sure thorized disclosure of electronic sur- strongly than anything else that still that the newly-minted disclosure au- veillance information under chapter 119 remains in the bill. What concerns me thority is not being abused. of title 18, and the contempt penalties is that it is not clear what existing The administration offered three rea- for unauthorized disclosure of grand prohibitions this provision would affect sons for reneging on the original deal. jury information. In addition, the At- beyond the grand jury secrecy rule and First, they claimed that the involve- torney General must establish proce- the wiretap statute, which are already ment of the court would inhibit Fed- dures for the handling of information covered by other provisions in the bill. eral investigators and attorneys from that identifies a United States person, Even the administration, which wrote disclosing information needed by intel- such as the restrictions on retention this provision, has not been able to ligence and national security officials. and dissemination of foreign intel- provide a fully satisfactory explanation Second, they said the courts might not ligence and counterintelligence infor- of its scope. have adequate security and therefore mation pertaining to United States If there are specific laws that the ad- should not be told that information persons currently in effect under Exec- ministration believes impede the nec- was disclosed for intelligence or na- utive Order 12333. essary sharing of information on ter- tional security purposes. And third, While these safeguards do not fully rorism and foreign intelligence within they said the President’s constitu- substitute for court supervision, they the executive branch, we should ad- tional powers under Article II give him can provide some assurance against dress those problems through legisla- authority to get whatever foreign in- misuse of the private, personal, and tion that is narrowly targeted to those telligence he needs to exercise his na- business information about Americans statutes. Tacking on a blunderbuss tional security responsibilities. that is acquired in the course of crimi- provision whose scope we do not fully I believe these concerns are un- nal investigations and that may flow understand can only lead to con- founded. Federal investigators and at- more widely in the intelligence, de- sequences that we cannot foresee. Fur- torneys will recognize the need to dis- fense, and national security worlds. ther, I am concerned that such legisla- close information relevant to terrorism Disclosure of Grand Jury Informa- tion, broadly authorizing the secret investigations. Courts can be trusted tion: The wiretap statute was not the sharing of intelligence information to keep secrets and recognize the needs only provision in which the adminis- throughout the executive branch, will of the President. tration sought broader authority to fuel the unwarranted fears and dark Current law requires that such infor- disclose highly sensitive investigative conspiracy theories of Americans who mation be used only for law enforce- information. It also proposed broad- do not trust their government. This ment purpose. This provides an assur- ening Rule 6(e) of the Federal Rules of was another provision on which the ad- ance that highly intrusive invasions of Criminal Procedure to allow the disclo- ministration reneged on its agreement privacy are confined to the purpose for sure of information relating to ter- with me; it agreed to drop it on Sep- which they have been approved by a rorism and national security obtained tember 30, but resurrected it within court, based on probable cause, as re- from grand jury proceedings to a broad two days, insisting that it remain in quired by the Fourth Amendment. Cur- range of officials in the executive the bill. I have been able to mitigate rent law calls for minimization proce- branch of government. As with wire- its potential for abuse somewhat by dures to ensure that the surveillance taps, few would disagree that informa- adding the same safeguards that apply does not gather information about pri- tion learned in a criminal investiga- to disclosure of law enforcement wire- vate and personal conduct and con- tion that is necessary to combating tap and grand jury information. versations that are not relevant to the terrorism or protecting the national ‘‘Sneak and Peek’’ Search Warrants: criminal investigation. security ought to be shared with the Another issue that has caused me seri- When the administration reneged on appropriate intelligence and national ous concern relates to the administra- the agreement regarding court super- security officials. The question is how tion’s proposal for so-called ‘‘sneak and vision, we turned to other safeguards best to regulate and limit such disclo- peek’’ search warrants. The House Ju- and were more successful in changing sures so as not to compromise the im- diciary Committee dropped this pro- other questionable features of the ad- portant policies of secrecy and con- posal entirely from its version of the ministration’s bill. The administration fidentiality that have long applied to legislation. Normally, when law en- accepted my proposal to strike the grand jury proceedings. forcement officers execute a search term ‘‘national security’’ from the de- I proposed that we require judicial warrant, they must leave a copy of the scription of wiretap information that review of requests to disclose terrorism warrant and a receipt for all property may be shared throughout the execu- and foreign intelligence information to seized at the premises searched. Thus, tive branch and replace it with ‘‘for- officials in the executive branch be- even if the search occurs when the eign intelligence’’ information. This yond those already authorized to re- owner of the premises is not present, change is important in clarifying what ceive such disclosures. Once again, the the owner will receive notice that the information may be disclosed because administration agreed to my proposal premises have been lawfully searched the term ‘‘foreign intelligence’’ is spe- on Sunday, September 30, but reneged pursuant to a warrant rather than, for cifically defined by statute whereas within two days. As a result, the bill example, burglarized. ‘‘national security’’ is not. does not provide for any judicial super- Two circuit courts of appeal, the Sec- Moreover, the rubric of ‘‘national se- vision of the new authorization for dis- ond and the Ninth Circuits, have recog- curity’’ has been used to justify some semination of grand jury information nized a limited exception to this re- particularly unsavory activities by the throughout the executive branch. The quirement. When specifically author- government in the past. We must have bill does contain the safeguards that I ized by the issuing judge or magistrate, at least some assurance that we are have discussed with respect to law en- the officers may delay providing notice not embarked on a course that will forcement wiretap information. How- of the search to avoid compromising an lead to a repetition of these abuses be- ever, as with the new wiretap disclo- ongoing investigation or for some cause the statute will now more clearly sure authority, I am troubled by this other good reason. However, this au- define what type of information is sub- issue and plan to exercise the close thority has been carefully cir- ject to disclosure. In addition, Federal oversight of the Judiciary Committee cumscribed. officials who receive the information to make sure it is not being abused. First, the Second and Ninth Circuit may use it only as necessary to the Foreign Intelligence Information cases have dealt only with situations conduct of their official duties. There- Sharing: The administration also where the officers search a premises fore, any disclosure or use outside the sought a provision that would allow without seizing any tangible property. conduct of their official duties remains the sharing of foreign intelligence in- As the Second Circuit explained, such

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10375 searches are ‘‘less intrusive than a con- reasonable time, of course, will depend under FISA has sufficient judges to ventional search with physical seizure upon the circumstances of the par- handle the workload. While changing because the latter deprives the owner ticular case. But I would expect courts the duration of orders and extensions not only of privacy but also of the use to be guided by the teachings of the will reduce the number of cases in of his property.’’ United States v. Second and the Ninth Circuits that, in some categories, the bill retains the Villegas, 899 F.2d 1324, 1337 (2d Cir. the ordinary case, a reasonable time is court’s role in pen register and trap 1990). no more than seven days. and trace cases and expands the court’s Second, the cases have required that Several changes in the Foreign Intel- responsibility for issuing orders for the officers seeking the warrant must ligence Surveillance Act, FISA, are de- records and other tangible items need- show good reason for the delay. Fi- signed to clarify technical aspects of ed for counterintelligence and counter nally, while the courts have allowed the statutory framework and take ac- terrorism investigations. Upon review- notice of the search may be delayed, it count of experience in practical imple- ing the court’s requirements, the ad- must be provided within a reasonable mentation. These changes are not con- ministration requested an increase in period thereafter, which should gen- troversial, and they will facilitate the the number of Federal district judges erally be no more than seven days. The collection of intelligence for counter- designated for the court from seven to reasons for these careful limitations terrorism and counterintelligence pur- 11 of whom no less than 3 shall reside were spelled out succinctly by Judge poses. Other changes are more signifi- within 20 miles of the District of Co- Sneed of the Ninth Circuit: ‘‘The mere cant and required careful evaluation lumbia. The latter provision ensures thought of strangers walking through and revision of the administration’s that more than one judge is available and visually examining the center of proposals. to handle cases on short notice and re- our privacy interest, our home, arouses The USA Act, in section 207, changes duces the need to invoke the alter- our passion for freedom as does nothing the duration of electronic surveillance native of Attorney General approval else. That passion, the true source of under FISA in cases of an agent of a under the emergency authorities in the Fourth Amendment, demands that foreign power, other than a United FISA. surreptitious entries be closely cir- States persons, who acts in the United Other changes in FISA and related cumscribed.’’ See United States v. States as an officer or employee of a national security laws are more con- Freitas, 800 F.2d 1451, 1456 (9th Cir. foreign power or as a member of an troversial. In several areas, the bill re- 1986). international terrorist group. Current flects a serious effort to accommodate The administration’s original pro- law limits court orders in these cases the requests for expanded surveillance posal would have ignored some of the to 90 days, the same duration as for authority with the need for safeguards key limitations created by the caselaw United States persons. Experience indi- against misuse, especially the gath- for sneak and peek search warrants. cates, however, that after the initial ering of intelligence about the lawful First, it would have broadly authorized period has confirmed probable cause political or commercial activities of officers not only to conduct surrep- that the foreign national meets the Americans. One of the most difficult titious searches, but also to secretly statutory standard, court orders are re- issues was whether to eliminate the ex- seize any type of property without any newed repeatedly and the 90-day re- isting statutory ‘‘agent of a foreign additional showing of necessity. This newal becomes an unnecessary proce- power’’ standards for surveillance and type of warrant, which has never been dural for investigators taxed with far investigative techniques that raise im- addressed by a published decision of a more pressing duties. portant privacy concerns, but not at federal appellate court, has been re- The administration proposed that the the level that the Supreme Court has ferred to in a law review article writ- period of electronic surveillance be held to require a court order and a ten by an FBI agent as a ‘‘sneak and changed from 90 days to one year in probable cause finding under the fourth steal’’ warrant. See K. Corr, ‘‘Sneaky these cases. This proposal did not en- amendment. These include pen register But Lawful: The Use of Sneak and sure adequate review after the initial and trap and trace devices, access to Peek Search Warrants,’’ 43 U. Kan. L. stage to ensure that the probable cause business records and other tangible Rev. 1103, 1113 (1995). Second, the pro- determination remained justified over items held by third parties, and access posal would simply have adopted the time. Therefore, the bill changes the to records that have statutory privacy procedural requirements of 18 U.S.C. initial period of the surveillance 90 to protection. The latter include tele- section 2705 for providing delayed no- 120 days and changes the period for ex- phone, bank, and credit records. tice of a wiretap. Among other things, tensions from 90 days to one year. The The ‘‘agent of a foreign power’’ this would have extended the permis- initial 120-day period provides for a re- standard in existing law was designed sible period of delay to a maximum of view of the results of the surveillance to ensure that the FBI and other intel- 90 days, instead of the presumptive or search directed at an individual be- ligence agencies do not use these sur- seven-day period provided by the fore one-year extensions are requested. veillance and investigative methods to caselaw on sneak and peek warrants. These changes do not affect surveil- investigate the lawful activities of I was able to make significant im- lance of a United States person. Americans in the name of an undefined provements in the administration’s The bill also changes the period for authority to collect foreign intel- original proposal that will help to en- execution of an order for physical ligence or counterintelligence informa- sure that the government’s authority search under FISA from 45 to 90 days. tion. The law has required a showing of to obtain sneak and peek warrants is This change applies to United States reasonable suspicion, less than prob- not abused. First, the provision that is persons as well as foreign nationals. able cause, to believe that a United now in section 213 of the bill prohibits Experience since physical search au- States person is an ‘‘agent of a foreign the government from seizing any tan- thority was added to FISA in 1994 indi- power’’ engaged in international ter- gible property or any wire or electronic cates that 45 days is frequently not rorism or clandestine intelligence ac- communication or stored electronic in- long enough to plan and carry out a tivities. formation unless it makes a showing of covert physical search. There is no However, the ‘‘agent of a foreign reasonable necessity for the seizure. change in the restrictions which pro- power’’ standard is more stringent Thus, in contrast to the administra- vide that United States persons may than the standard under comparable tion’s original proposal, the presump- not be the targets of search or surveil- criminal law enforcement procedures tion is that the warrant will authorize lance under FISA unless a judge finds which require only a showing of rel- only a search unless the government probable cause to believe that they are evance to a criminal investigation. The can make a specific showing of addi- agents of foreign powers who engage in FBI’s experience under existing laws tional need for a seizure. Second, the specified international terrorist, sabo- since they were enacted at various provision now requires that notice be tage, or clandestine intelligence activi- time over the past 15 years has been given within a reasonable time of the ties that may involve a violation of the that, in practice, the requirement to execution of the warrant rather than criminal statutes of the United States. show reasonable suspicion that a per- giving a blanket authorization for up The bill, in section 208, seeks to en- son is an ‘‘agent of a foreign power’’ to a 90-day delay. What constitutes a sure that the special court established has been almost as burdensome as the

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10376 CONGRESSIONAL RECORD — SENATE October 9, 2001 requirement to show probable cause re- a suggestion made by Senator FEIN- seven days of taking custody, and the quired by the fourth amendment for STEIN to the Attorney General at the merits of the Attorney General’s cer- more intrusive techniques. The FBI has Judiciary Committee hearing to tification of an alien under this section made a clear case that a relevance change ‘‘the purpose’’ to ‘‘a significant is subject to judicial review. Moreover, standard is appropriate for counter- purpose.’’ No matter what statutory the Attorney General can only delegate intelligence and counterterrorism in- change is made even the Department this power to the Commissioner of the vestigations, as well as for criminal in- concedes that the court’s may impose a INS, ensuring greater accountability vestigations. constitutional requirement of ‘‘pri- and preventing the certification deci- The challenge, then, was to define mary purpose’’ based on the appellate sion from being made by low-level offi- those investigations. The alternative court decisions upholding FISA against cials. Nonetheless, I would have pre- proposed by the administration was to constitutional challenges over the past ferred that this provision not be in- cover any investigation to obtain for- 20 years. cluded, and I would urge the Attorney eign intelligence information. This was Section 218 of the bill adopts ‘‘signifi- General and his successors to employ extremely broad, because the defini- cant purpose,’’ and it will be up to the great discretion in using this new tion includes any information with re- courts to determine how far law en- power. spect to a foreign power that relates forcement agencies may use FISA for In addition, the administration ini- to, and if concerning a United States criminal investigation and prosecution tially proposed a sweeping definition of person is necessary to, the national de- beyond the scope of the statutory defi- terrorist activity and new powers for fense or the security of the United nition of ‘‘foreign intelligence informa- the Secretary of State to certify an or- States or the conduct of the foreign af- tion.’’ ganization as a terrorist organization fairs of the United States. This goes far In addition, I proposed and the ad- for purposes of immigration law. We beyond FBI counterintelligence and ministration agreed to an additional were able to work with the administra- counterterrorism requirements. In- provision in Section 505 that clarifies tion to refine this definition to limit stead, the bill requires that use of the the boundaries for consultation and co- its application to individuals with in- surveillance technique or access to the ordination between officials who con- nocent contacts to non-certified orga- records be relevant to an investigation duct FISA search and surveillance and nizations. We also limited the retro- to protect against international ter- Federal law enforcement officials in- active effect of these new definitions. If rorism or clandestine intelligence ac- cluding prosecutors. Such consultation an alien solicited funds or membership, tivities. and coordination is authorized for the or provided material support for an or- In addition, an investigation of a enforcement of laws that protect ganization that was not certified at United States person may not be based against international terrorism, clan- that time by the Secretary of State, solely on activities protected by the destine intelligence activities of for- the alien will have the opportunity to first amendment. This framework ap- eign agents, and other grave foreign show that he did not know and should plies to pen registers and trap and threats to the nation. Protection have known that his action would fur- trace under section 215, access to against these foreign-based threats by ther the organizations terrorist activ- records and other items under section any lawful means is within the scope of ity. This is a substantially more pro- 215, and the national security authori- the definition of ‘‘foreign intelligence tective than the administration’s pro- ties for access to telephone, bank, and information,’’ and the use of FISA to posal, which by its terms, would have credit records under section 506. Lawful gather evidence for the enforcement of empowered INS to deport someone who political dissent and protest by Amer- these laws was contemplated in the en- raised money for the African National ican citizens against the government actment of FISA. The Justice Depart- Congress. Throughout our negotiations may not be the basis for FBI counter- ment’s opinion cites relevant legisla- on these issues, Senator KENNEDY pro- intelligence and counterterrorism in- tive history from the Senate Intel- vided steadfast help. Although neither vestigations under these provisions. ligence Committee’s report in 1978, and of us are pleased with the final prod- A separate issue for pen registers and there is comparable language in the uct, it is far better than it would have trap and trace under FISA is whether House report. been without his leadership. the court should have the discretion to The administration initially pro- I was disappointed that the adminis- make the decision on relevance. The posed that the Attorney General be au- tration’s initial proposal authorizing administration has insisted on a cer- thorized to detain any alien indefi- the President to impose unilateral food tification process. I discussed this issue nitely upon certification of suspicion and medical sanctions would have un- as it comes up in the criminal proce- to links to terrorist activities or orga- dermined a law we passed last year dures for pen registers and trap and nizations. Under close questioning by with overwhelming bipartisan support. trace under title 18, and my concerns both Senator KENNEDY and Senator Under that law, the President al- apply to the FISA procedures as well. SPECTER at the Committee hearing on ready has full authority to impose uni- The most controversial change in September 25, the Attorney General lateral food and medicine sanctions FISA requested by the administration said that his proposal was intended during this crisis because of two excep- was the proposal to allow surveillance only to allow the Government to hold tions built into the law that apply to and search when ‘‘a purpose’’ is to ob- an alien suspected of terrorist activity our current situation. Nevertheless, tain foreign intelligence information. while deportation proceedings were on- the administration sought to undo this Current law requires that the secret going. In response to a question by law and obtain virtually unlimited au- procedures and different probable cause Sen. SPECTER, the Attorney General thority in the future to impose food standards under FISA be used only if a said: ‘‘Our intention is to be able to de- and medicine embargoes, without mak- high-level executive official certifies tain individuals who are the subject of ing any effort for a multi-lateral ap- that ‘‘the purpose’’ is to obtain foreign deportation proceedings on other proach in cooperation with other na- intelligence formation. The adminis- grounds, to detain them as if they were tions. Absent such a multi-lateral ap- tration’s aim was to allow FISA sur- the subject of deportation proceedings proach, other nations would be free to veillance and search for law enforce- on terrorism.’’ The Justice Department step in immediately and take over ment purposes, so long as there was at however continued to insist on broader business from American firms and least some element of a foreign intel- authority, including the power to de- farmers that they are unilaterally ligence purpose. This proposal raised tain even if the alien was found not to barred from pursuing. constitutional concerns, which were be deportable. Over 30 farm and export groups, in- addressed in a legal opinion provided I remain concerned about the provi- cluding the American Farm Bureau by the Justice Department, which I in- sion, in section 412, but I believe that it Federation, the Grocery Manufacturers sert in the record at the end of my is has been improved from the original of America, the National Farmers statement. proposal offered by the administration. Union, and the U.S. Dairy Export The Justice Department opinion did Specifically, the Justice Department Council, wrote to me and explained not defend the constitutionality of the must now charge an alien with an im- that the administration proposal would original proposal. Instead, it addressed migration or criminal violation within ‘‘not achieve its intended policy goal.’’

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10377 I worked with Senator ENZI, and In its beginnings, Wheeling was a city—the waterfront. The port once other Senators, on substitute language small outpost that represented the served as a main destination point for to give the administration the tools it westernmost point of eastern settle- steamboats traveling down the Ohio needs in this crisis. This substitute has ment in a young country. Because of River. Now, with its restoration com- been carefully crafted to avoid need- its location, Wheeling became the win- plete, the port will recreate the bustle lessly hurting American farmers in the dow of the West and a gateway to the of the steamboat port that it once was. future, yet it will assure that the unknown. Travelers flocked to this new It will serve as a civic ‘‘open space’’— United States can engage in effective epicenter of commerce and transpor- a community meeting place enlivened multilateral sanctions. tation in pursuit of fortune and adven- by festivals and concerts. This bipartisan agreement limits the ture. After the Civil War, Wheeling, The port’s restoration is another step authority in the bill to existing laws and much of the Northern Panhandle, to ensure that Wheeling’s legacy to and executive orders, which give the experienced a postwar industrial ex- America is preserved for generations to President full authority regarding this pansion that brought to the area great come. The community’s efforts to em- conflict, and grants authority for the prosperity that would last well into the brace its cultural and historic heritage, President to restrict exports of agricul- 20th century. A booming economy, while also investing in its future, pro- tural products, medicine or medical de- combined with a natural beauty and a vide us with a glimpse into the ongoing vices. I continue to agree with then- genteel society, ushered in an era of restoration and redevelopment of our Senator Ashcroft, who argued in 1999 Victorian splendor. nation’s industrial regions. The activi- that unilateral U.S. food and medicine However, as market demands ties undertaken in Wheeling could sanctions simply do not work when he changed, Wheeling—along with most serve as a blueprint for post-industrial introduced the ‘‘Food and Medicine for industrial regions throughout this na- America and the communities in pur- the World Act.’’ As recently as October tion and across West Virginia—reposi- suit of a revitalized economy. As the 2000, then-Senator Ashcroft pointed out tioned itself, transitioning from an in- Wheeling of old served as a guidepost how broad, unilateral embargoes of dustrial base to a more diverse, high- in America’s westward expansion, the food or medicine are often counter- tech economy. While it has focused on new Wheeling can serve as a model for productive. Many Republican and economic development, the city also a 21st century economy and a 21st cen- Democratic Senators made it clear just has kept an eye on preserving its rich tury community that has not forgotten last year that the U.S. should work cultural and historic areas. its past. with other countries on food and med- I have supported Wheeling’s efforts At the dedication of the port, Rabbi ical sanctions so that the sanctions to redevelop its historic downtown by Ronald H. Bernstein-Goff of Temple will be effective in hurting our en- winning congressional approval for leg- Shalom and Dr. D.W. Cummings of emies, instead of just hurting the U.S. islation that established the Wheeling Bethlehem Apostolic Temple, both of I am glad that with Senator ENZI’s National Heritage Area. The mission of Wheeling, offered the invocation and help, we were able to make changes in a heritage area is to preserve the les- the benediction, respectively. Madam the trade sanctions provision to both sons of history for future generations President, I ask unanimous consent to protect our farmers and help the Presi- so that they can better lead tomorrow. have these prayers printed in the dent during this crisis. The Wheeling Port is just one of the I have done my best under the cir- RECORD. many components of the heritage area, cumstances to confine the amendment There being no objection, the mate- which includes the Wheeling Visitors demands to those matters that are con- rial was ordered to be printed in the Center and the Artisan Center. I am sensus legal improvements. I concede RECORD, as follows: very fortunate to have had the oppor- that my efforts have not been com- PRAYER BY RABBI RONALD H. BERNSTEIN- tunity to assist the city of Wheeling in pletely successful and there are a num- GOFF, D.D. ber of provisions on which the adminis- these initiatives, but the man who first Master of the universe—Creator of Earth tration has insisted with which I dis- exhibited the vision for renewal of this and sky, fire and water, and author of time, agree. Frankly, the agreement that city was my friend, the late Harry flowing like a great river, carrying us down the days and years of our lives. was made September 30, 2001 would Hamm. It was Harry, more than anyone, who We gather here today with gratitude for have led to a better balanced bill. I recognized that Wheeling, like other the rich history, the vitality, and prosperity, could not stop the administration from industrial regions in America, would which those who came before us worked and reneging on the agreement any more labored to create, we were proud in the past, need to transform its economy. In his than I could have sped the process to because we were prosperous; we had dignity, reconstitute this bill in the aftermath own words, Harry said that Wheeling because we were successful; we had hope, be- of those breaches. would have to ‘‘take the old, idle, and cause we seemed to be in control of our des- In these times we need to work to- abandoned factories . . . and create in tinies. gether to face the challenges of inter- them . . . a public place where people It seems to us like yesterday, although the can feel at home. . . .’’ In an effort to river has carried us very far from that past. national terrorism. I have sought to do We acknowledge that it has taken us too so in good faith. accomplish this task, Harry laid out a plan that would promote the city’s her- long to deal with the realities of decline and f decay; too long to deal with our feelings of itage and, once again, establish it as a guilt and shame, as buildings were boarded THE WHEELING, WEST VIRGINIA national center of commerce and trade. up and the joyful noise of life faded into un- RENAISSANCE Harry envisioned Wheeling as a hub of easy silence; too long to face our fear of Mr. BYRD. Madam President, there high-technology and as a new port of change—our fear of the unknown. And just is a renaissance occurring in West Vir- entry to the heartland of our country. because we have had faith in you, does not ginia’s Northern Panhandle. In the city For those of us who knew Harry, we mean we had faith in ourselves or in each of Wheeling, through the Wheeling Na- know that he was not an unrealistic other. dreamer, but that he was a man who Yet, you have taught us that out of suf- tional Heritage Area initiative, local fering and struggle, distress and despair, leaders are revitalizing areas of cul- worked hard and tirelessly to propel comes the capacity for renewal and self- tural and historic significance in order Wheeling toward a brighter future. It transformation. to create a brighter future for their was his foresight and leadership that ‘‘Out of the depths have I called you, O community. brought about the establishment of the God’’.—Psalm 130:1. On August 15, I had the opportunity Wheeling National Heritage Area. Al- ‘‘Revive my spirit, lest I sleep the sleep of to attend the dedication of the latest though Harry passed away several death.’’—Psalms: 13:4:16. milestone in these revitalization ef- years ago, if you ever have the oppor- How can we thank You then, for giving us forts—the Wheeling Heritage Port, tunity to travel to Wheeling, you will the wisdom and the courage to stand before You this day, as we dedicate ourselves to a which is nestled on a bank of the mag- undoubtably see the imprint that he new hopefulness and a new reality? How can nificent Ohio River. Wheeling, the left on this wonderful city. we thank You for bringing us beyond nos- Mountain State’s first capital, is not Among Harry’s ideas for revitalizing talgia to a waking vision of the future; to a only rich in natural resources, but also the downtown area of Wheeling was the renewed sense of solidarity and purpose in in history. resurrection of the vibrant heart of the our community—our hopeful city; how can

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10378 CONGRESSIONAL RECORD — SENATE October 9, 2001 we thank You for the awareness that only by We currently have over a million tion’s community health centers, facing reality can we change it; for remind- firefighters in the United States. While bringing primary health care services ing us that You fashioned us beyond dust and there are thousands of career fire- to nearly 12 million people this past ashes; that we can be little lower than the fighters that serve us each day in cities year alone. Tom also helped pioneer angels after all. We thank You for the vision of our local across the country, there are over the comprehensive telehealth network leadership; of the Wheeling National Herit- 785,000 volunteer firefighters. In fact, which provides first-class health care age Corporation, and Mayor Nick most communities with less than 25,000 to the hardest to reach communities. Sparachane. people are served by these volunteer Yet Tom’s accomplishments go much We are grateful for the presence of Con- units. further than the systems he oversaw or gressman Alan B. Mollohan who is with us As we saw on September 11th, fire- the facilities he helped build. Tom’s this morning to help us dedicate heritage fighters are among the first on the greatest skill has always been his deport. scene. It is without a doubt that there sire to put aside egos and politics so he We thank You for Senator Robert Byrd— could concentrate on serving the Amer- his dedication, his devotion, and his love for would have been hundreds if not thou- the people of West Virginia. Because of his sands of more victims without the help ican people. From the secretaries and vision, drive and commitment, the people of of those brave public servants. It is our grants officers at HRSA to Members of Wheeling have a new place of beauty to job to make sure that these our fire- Congress, Tom listens, builds relation- imagine a brighter future. fighters have the right tools and train- ships and trust, then gets the job done. Bless us all, and the work of our hands. ing so that they may continue to work By his example alone, Tom reminds us With pride in our past, with hope for our fu- saving thousands of people each year. why we entered public service—to ture, with faith in You and faith in each We must also remember that these make a difference. other do we gather this day to dedicate this acts of bravery not only occur in our Now, thirty years later, Tom has de- heritage port. Amen. cities but also in our national forests. cided to move on. He leaves behind a As a citizen of the American West, I tremendous legacy and our nation’s THE BENEDICTION PRAYER, BY DR. D.W. have seen the devastating effect forest health care system is better for his ef- CUMMINGS fires have on our country. An average forts. While he will be sorely missed, Dear Father, O Father, Father of us all. of over 100,000 fires burn nearly 4 mil- we thank him for what he has already Red, Yellow, Black and White, we are pre- lion acres each year. Federal forest anonymously done for millions of peo- cious in your sight. Thank you for the dedi- firefighters based throughout the coun- ple. cation of Wheeling Heritage Port. Thank you try work with local departments to It is said that ‘‘a hand never opens in for our local leadership. The may of Wheel- protect the national forest system. vain.’’ Tom Morford has spent the last ing, the councilmen of Wheeling, the Wheel- Since 1981 the names of 2,181 fire- 30 years opening his hands to a succes- ing Heritage Port Board, Representative sion of presidents and secretaries, to Mollohan, Senator Robert C. Byrd and all fighters have been added to the plaques who made this dream come true. that surround the National Fallen legislators, and to health care pro- Thank you for the memory of Harry Ham. Firefighters Memorial. As a Co-Chair- viders and advocates. Most impor- Thank you for the knowledge that one of the man of the Congressional Fire Services tantly, Tom Morford opened his hands main reasons why Wheeling is not the Cap- Caucus, I will continue to work to in- to the millions of forgotten who are ital of the state of West Virginia is because sure that these firefighters will not be often left in the shadows of our society. of a clown. forgotten. On behalf of my colleagues in the Lord, we know that is not the end of a f Congress and the millions of Americans Hopeful City, and neither is it the beginning. who don’t know Tom, but who benefit But Lord, let it be the end of the beginning. RECOGNITION OF TOM MORFORD from his work, I say a simply thank Help us to move to the next level of making ∑ Wheeling and the Ohio Valley a more hopeful Mr. HARKIN. Madam President, I you. Thank you, Tom, for opening your area, and a more hopeful city for all its resi- rise today to say thank you and fare- hands to lift those most in need. You dents. well to a trusted friend and a dedicated will be missed. Gracious Lord, help us to always remember public servant, Tom Morford. For the Mr. SPECTER. Today I want to sa- that ‘‘Righteousness exalteth a nation, but past 5 years, Tom has served as the lute and thank Mr. Thomas G. Morford, sin is a reproach to any people.’’ In Jesus deputy administrator of the Health Re- as he retires from the Department of name Amen. sources and Services Administration, Health and Human Services (HHS), f helping to bring health care to millions after almost 30 years of dedicated serv- of underserved Americans. Without ice to the American people. As the FIREFIGHTERS MEMORIAL DAY much fanfare or public recognition, he Ranking Member of the Labor, HHS, Mr. CAMPBELL. Madam President, has quietly and dutifully served the and Education Subcommittee on Ap- today I would like to take a moment American people in this post and in propriations, I want to express my and recognize all those brave fire- many others over the past three dec- gratitude to Tom for the assistance he fighters who died in the line of duty ades. has provided to our subcommittee over last year. I do not know if Tom had planned for the years. His knowledge of appropria- This past Sunday—October 7—was such a long career in public service tions law and the federal budgetary National Fallen Firefighters Memorial when he came to Washington in 1971. process, and his willingness to assist Day. The President and Mrs. Bush Since he first began as a management my staff has been an invaluable service joined with thousands of family mem- intern at the then Department of to the subcommittee. Tom spent many bers and friends at the National Fallen Health, Education and Welfare, Tom long hours, working under tight dead- Firefighters Memorial, located in Em- has held numerous positions, authored lines, putting together the President’s mitsburg, MD, to honor those who have 12 papers, and received more awards budget and, in turn, helping our sub- given the ultimate sacrifice. In 2000, 99 than time will allow me to recite. committee complete our appropria- brave men and women in 38 States and For the past five years as deputy ad- tions bills. Vital programs like Healthy Puerto Rico lost their lives trying to ministrator at HRSA, Tom spent his Start, the National Health Service save the lives of others. I am saddened days making hundreds of phone calls, Corps, Ryan White AIDS programs, and to say Mr. Robert W. Crump from the reviewing budgets, and signing con- Health Professions—to name a few— Denver Fire Department was one of the tracts. It isn’t the kind of work that have benefited from Tom’s tireless ef- many honored this past weekend. will make you famous, but it does forts. In 1999, over 1.8 million fires were at- make a tremendous difference. Tom has been a valued member of the tended to by a public fire department. Tom was responsible for some of staff at HHS, first in the Office of the That means fire departments across America’s most vital public health pro- Secretary, then with the Health Care the country responded to a fire once grams; the construction of health care Financing Administration, and finally every 17 seconds. In that same year, facilities, the operation of health clin- with the Health Resources and Services fire resulted in over $10 billion of prop- ics in underserved areas, and the train- Administration. My staff and I will erty damage, almost 22,000 civilian in- ing of healthcare professionals. His miss his presence, guidance, patience, juries, and almost 3,000 civilian deaths. leadership helped strengthen the na- and good humor during the fiscal year

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10379 2002 appropriations season and beyond. There being no objection, the letter much of the economy’s growth. When But, more importantly, the American was ordered to be printed in the terrorists attacked our country on Sep- people are losing a valued and dedi- RECORD, as follows: tember 11, there were many unforeseen cated public servant. Tom is one of My husband, Captain Robert E. Dolan, and and unfortunate side-effects. Our econ- those unsung heroes throughout our the people who perished along with him at omy, which was going through a tough government who has made it his life’s the Pentagon, died as he lived: a hero. period anyway, suffered a significant work to help those in need. But today, He saw himself as an American with a sim- blow that day and in the days that fol- as Tom leaves us, I want to sing his ple life. lowed, and we can only hope that the praises and let all who hear this know He was a man who saw his duty clearly, recovery is rapid and steady. Unfortu- what a great loss his departure means and did it unselfishly. nately, the adverse effects of the Sep- to so many of us. I recognize, though, He was a man who knew honor as a badge, tember 11 attacks on many our Na- and wore it proudly. that Tom is embarking on another new He was a man who viewed service as a tion’s 25 million small businesses may and exciting chapter in his life, both privilege, and performed it to the best of his turn out to be even more profound than personally and professionally. I know ability. those sustained by the economy as a that one of Tom’s goals is to spend To him, that was a simple life. But Captain whole. more time with his wife, Gail, and Robert E. Dolan was anything but simple. He The bipartisan proposal that my col- their two daughters, which his retire- was a leader of men. He influenced thousands leagues and I have introduced will pro- ment will allow him to do. I also know of members of the military family as Com- vide a measure of the critical financial that Tom plans to continue to use his mander of the USS John Hancock, which has relief necessary to help small busi- talents and gifts to help others in his a motto of ‘‘First for Freedom.’’ He influ- nesses recover from the financial losses new position with Johns Hopkins Uni- enced many more as a fellow citizen, because and other damages incurred in the days Bob Dolan was every American. A quiet pa- and weeks following the attacks. versity. He deserves the very best in triot. A good neighbor. A friend and fellow these future endeavors and, therefore, citizen. You see him every week coaching at Specifically, this emergency legisla- today I extend my heartfelt praise, Little League games and chaperoning at tion will ensure greater stability in the thanks, and best wishes.∑ school dances. You sit next to him in church- industry by strengthening and expand- f es and synagogues. You stand in line with ing access to the Small Business Ad- him to vote. ministration’s loans and management CAPTAIN ROBERT E. DOLAN, U.S. And he was so much more than just a mili- counseling. By aiding small businesses NAVY tary leader to those who knew him best. He in their efforts to meet payments on Mr. WARNER. Madam President, I was: existing debts, to finance their busi- rise today to honor and pay tribute to A loving father to his daughter, Rebecca, nesses, and to maintain and create new the life of one of our servicemen who and son, Beau, jobs, this legislation helps entre- A faithful and devoted husband, perished at the Pentagon during the A dutiful and respectful son, preneurs and their employees to re- horrific events of 11 September, Navy A wonderful brother, main productive and self-sufficient. Captain Robert E. Dolan. During one of A good and true friend. This bill attempts to save valuable jobs my many recent visits to the site Bob Dolan was the best and the brightest and resources placed in jeopardy by ad- where so many tragically lost their this country had to offer to the altar of free- dressing the decreasing availability of lives, I met Captain Dolan’s widow, dom. That very freedom is an ideal that the credit and venture capital afforded Mrs. Lisa Dolan. As we stood together rest of the world can only wonder at, and small businesses by traditional lenders on the southwest lawn of the Pentagon, strive to comprehend the magnitude and and investors. In an effort to encourage we spoke of her husband and of his de- glory of. new investment, this measure includes The Americans—both civilian and mili- votion to his family and the Navy in tary—killed and wounded in the past few changes to two of SBA’s main non-dis- which he was so proud to serve. Mrs. days under this unwarranted attack, join the aster lending programs put in place to Dolan then handed me a copy of a let- ranks of patriots fallen in other conflicts. facilitate borrowing and lending. ter of tribute to her husband which she They are Americans all, and our duty is to By providing incentives for loans and had written. While this letter was writ- remember them as heroes. Let us record that investment, this bill protects those ten to specifically honor Mrs. Dolan’s as their tribute. Let history record that as small businesses directly affected be- husband, it could easily apply to many their legacy. cause they are physically located in or of those who paid the ultimate price on Abraham Lincoln once said: ‘‘there is a di- near the buildings and areas attacked. that terrible morning. vinity that shapes our ends.’’ That divinity Our hearts go out to the businesses and has now shaped Bob’s destiny. Like Lincoln, Captain Bob Dolan, a 1981 graduate of ‘‘he belongs to the ages.’’ workers in this category, because on the U.S. Naval Academy, was first and We pray that his rest is peaceful. Although top of severe financial hardships, many foremost, a loving husband and devoted ours cannot be, we rest easy in the memories in this category may have also suffered father to his two children. He was also of an American hero, and many more like the loss of loved ones and co-workers. a model Naval officer, having spent him, so very much touched by the hand of The bill also targets small businesses nearly half of his 20 year career on sea God. directly or indirectly affected because duty. Captain Dolan served on a vari- Sincerely, they are suppliers, service providers, or ety of surface ships, ranging from the LISA DOLAN complementary industries to any af- amphibious helicopter carrier, U.S.S. f fected industry. This is the type of assistance that might help small busi- Inchon, LPH–12, to the state-of-the art THE AMERICAN SMALL BUSINESS nesses like the Galley Restaurant in Aegis cruiser, U.S.S. Thomas S. Gates, EMERGENCY RELIEF AND RE- the Benedum Airport in Bridgeport, CG–51, and culminating in his superb COVERY ACT command of the destroyer, U.S.S. John WV. When the FAA shut down commer- Hancock, DD–981, with its very appro- Mr. ROCKEFELLER. Madam Presi- cial aviation for several days in the priate motto, ‘‘First for Freedom’’. His dent, I am proud to have joined last wake of the attacks, business at the shore tours included time on the staff week with the Chairman and Ranking Galley just stopped. Likewise, the bill of the Chairman of the Joints Chiefs of Republican Member of the Senate could help the Mountain State Travel Staff and his exceptional service was Small Business and Entrepreneurship Agency in Clarksburg, WV. In the days recognized with multiple awards, in- Committee, as well as a bipartisan after the attacks, Mountain State has cluding the Defense Meritorious Serv- group of my colleagues to cosponsor S. seen its business dry up to virtually ice Medal. 1499, the American Small Business nothing. It is my hope and belief that I ask unanimous consent that the Emergency Relief and Recovery Act of this legislation may help the Galley’s letter of tribute which Mrs. Dolan 2001. owner, Beverly Bland, and Mountain wrote to the friends and family of her It is no exaggeration to say that State’s owner, Maria Elena Oliverio, late husband be printed in the RECORD. small businesses have always solidified and the owners of thousands of small I hope it will serve as a reminder to us the economic foundation of our coun- businesses in West Virginia and all of the terrible losses inflicted on try. While the Fortune 500 companies throughout the country, from having this Nation by an unseen and cowardly make the news, small businesses create to close the doors of their small busi- enemy. most of the jobs and are responsible for nesses.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10380 CONGRESSIONAL RECORD — SENATE October 9, 2001 Finally, the bill will provide assist- It is truly hard to find words adequate to tant steps in revitalizing our explo- ance to small businesses in need of cap- convey the sadness and anguish that all ration of the oceans. Through these ital and investment financing, procure- Mexicans feel at the loss of so many inno- journeys, NOAA scientists and their ment assistance or management coun- cent lives. partners are uncovering the ocean’s se- As legislators there are many things we seling. The incentives include physical can do together with the U.S. and other Con- crets. and economic injury disaster loans, re- gresses to confront the barbaric threat of The ‘‘Deep East Expedition’’ sailed ductions in interest rates, and easier terrorism of any kind, as well as the harm from Maine to Georgia to investigate approval standards on Guaranteed that is caused by various forms of fanati- the diversity of deep-sea coral beds and Business Loans. cism. gas hydrate communities that may Small businesses across our Nation We declare ourselves once again unequivo- contain new energy resources. On a si- are in great need of economic assist- cally in favor of peace, justice, and inter- multaneous timetable, ‘‘Islands in the ance. The vitality of this sector is of national solidarity. Stream’’ followed the Gulf Stream both crucial importance to our economy. I have asked the delegation of Mexican from Belize to North Carolina. Sci- This bill will allow thousands of work- Senators who are visiting your Congress this week to provide you with a copy of the state- entists investigated ocean currents in ing families the opportunity to main- ment which was made by the Mexican Senate the Gulf of Mexico, dove in tain a reasonable standard of living, on September 11 in response to that tragic submersibles examining coral reef and and give small business owners the act, which we also provided to his Excellency hard-bottom communities, and con- boost they need to maintain and hope- Ambassador Jeffrey Davidow so that it ducted acoustic surveys to characterize fully grow their businesses. might be known to the American people and the ocean floor. NOAA partnered on the Government of the United States. f these two projects with Woods Hole Sincerely, and Harbor Branch Oceanographic In- EXPRESSING GRATITUDE TO THE DIEGO FERNANDEZ DE CEVALLOS, stitutes, the National Geographic Soci- MEXICAN SENATE FOR ITS SUP- President of the Mexican Senate. ety, numerous universities and other PORT IN THE FIGHT AGAINST federal agencies, such as NASA and the TERRORISM STATEMENT OF THE MEXICAN SENATE U.S. Geological Survey. Mr. DODD. Madam President, last September 11, 2001. ‘‘The Mexican Senate wishes to express to This summer, NOAA’s flagship re- week representatives of the Mexican the Government of the United States of search vessel, the Ronald H. Brown, re- Senate came to the U.S. Senate to America as well as to all Nations, its most turned from an unparalleled journey of meet with legislators and express their profound sympathy and deep indignation rel- discovery in the undersea Astoria Can- support for the U.S.-led effort against ative to the barbarous acts which today have yon, beyond the mouth of the Columbia terrorism. Mexico has always been a offended the entire world. River in Oregon. This voyage was titled close neighbor and friend to the United ‘‘The Mexican Senate calls upon all men the ‘‘Lewis and Clark Legacy Expedi- States, and the Senators traveled here and women of good faith to prevent this tion’’ and was intended to be an exten- to ensure us that, in this time of need, tragedy from escalating into an intermi- nable blood bath. sion of that historic journey which our friend and ally Mexico stands by ‘‘Let us bring together the governments ended at the mouth of the Columbia us. and peoples of the world to work together to River almost two hundred years ago. The delegation of Mexican Senators guard against further harm; to scrupulously The scientists discovered two new spe- presented the Majority Leader, Mr. respect human rights throughout the world; cies of invertebrates and viewed deep- DASCHLE, with a letter from Diego and to build together a peaceful, dignified, water communities never before seen, Fernandez De Cevallos, the President and just world for all mankind.’’ at depths of over one half mile. Using of the Mexican Senate, which expresses f advanced sonar technology, scientists the Mexican Senate’s condolences in created three-dimensional views of the THE U.S. ROLE IN OCEAN the aftermath of the tragic events of canyon’s sea floor texture and discov- EXPLORATION September 11th. That letter also con- ered an ancient shoreline from the last tained a statement from the entire Mr. AKAKA. Madam President, as we ice age, over 17,000 years ago. These membership of the Mexican Senate contend with the threats of global ter- discoveries will help answer questions commenting on the attacks and the rorism and our national sorrow in the about how glaciers, earthquakes, and unique relationship between Mexico aftermath of September 11th, we must plate movement affect the earth’s geo- and the United States. I think that my focus on the accomplishments, ideals, logical history and its future. colleagues would benefit from seeing and spirit that make America great Just as Thomas Jefferson commis- these comments in the RECORD. and look to the future with a renewed sioned Lewis and Clark in 1803 to gath- At times like these every expression sense of resolve and hope. As we en- er scientific facts of the uncharted of support from our allies is important. gaged in exploring the American con- Western lands, so too must we be vi- However, given the special relationship tinent in the 19th century, and the far sionary in commissioning our best sci- between the United States and Mexico, reaches of space in the 20th century, we entists to map and discover unknown it is even more important to see evi- must welcome, in this new century, the reaches of the oceans. We must dupli- dence that out allegiance is strong. challenge of exploring our oceans, the cate Jefferson’s ‘‘Corps of Discovery’’ These letters prove exactly that. I last uncharted frontier. Oceans make for our ocean depths. This undiscovered thank the Mexican Senate for their up 70 percent of the earth’s surface, yet domain is believed to contain many support. we have characterized less than ten times the biomass of all the rainforests I ask unanimous consent that the percent of the United States’ Exclusive and terrestrial life forms combined. letter and statement from the Mexican Economic Zone. Within our EEZ, the Today’s pioneers in ocean explo- Senators be printed in the RECORD. United States has jurisdiction over ration have already embarked upon There being no objection, the mate- more submerged lands than terrestrial this journey. Just as explorers of the rial was ordered to be printed in the lands. Newly charted research voyages past mapped the mountain ranges and RECORD, as follows: and state-of-the-art underwater tech- the riverways of our nation, these mod- MEXICO D.F., nology give us the tools we need to ern explorers have begun mapping the October 2, 2001. Hon. TOM DASCHLE, make new discoveries to aid us in bet- ranges and riverways beneath the sur- Majority Leader, U.S. Senate, Capitol Building, ter understanding this underwater face of the ocean. Two weeks ago Con- Washington DC. world. gress heard many of these explorers, DEAR SENATOR DASCHLE: On the occasion of My focus on ocean exploration is researchers and managers speak about the visit of a delegation of Mexican Senators timely because the National Oceanic the important role of the oceans in to the United States, and in the name of the and Atmospheric Administration cele- global climate change, weather pat- Senate of the Republic of Mexico, allow me brated the culmination of two voyages terns and carbon cycling, as we cele- to express to the people and to the Govern- ment of the United States, our profound of discovery in Charleston, South Caro- brated the first annual Congressional shock and most sincere condolences with re- lina, on October 1, 2001. The ‘‘Deep East Oceans Day. Presenters highlighted the spect to the acts of terrorism perpetrated on Expedition’’ and ‘‘Islands in the successes of ocean exploration and the September 11, 2001 against humanity itself. Stream’’ projects represent two impor- challenges that lie ahead.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10381 Recent developments in sonar and protect our ocean and coastal re- killed in crimes of hate as a result of submersible vehicles promise to accel- sources. the attacks; two girls in Palos Hills, erate discoveries in ocean depths. The steep terrain of Hawaii’s coastal IL, beaten because they were Muslim; a Multibeam sonar, emitting a wide underwater lands and its location in mosque in Evansville, IN, damaged by swath, gives the exact contour of the the Pacific Ocean make Hawaii a prime a man who rammed his car through a ocean bottom, rather than extrapo- candidate from which to launch deep- wall. We have had incidences of intol- lating from a single beam directed sea exploration. The Hawaii Undersea erance in my own home state of Ohio, below a vessel. Advanced sonar can de- Research Laboratory (HURL), estab- I’m sad to say, where large ball bear- tect temperature fluctuations to frac- lished by NOAA under the National Un- ings have been tossed through the win- tions of a degree. The upper few hun- dersea Research Program and the Uni- dows of Arab-American owned busi- dred feet of the oceans hold 1000 times versity of Hawaii, works through pri- nesses in Hamilton, and an Islamic more heat than the atmosphere, but vate, state and federal grants to study Center in Cincinnati continues to re- scientists do not yet know how this the processes of the deep ocean. ceive harassing and threatening phone may affect changes in global climate. HURL’s Ocean Bottom Observatory has calls. The private sector is improving the ca- been studying the volcanic activity of These stories, which have resonated pabilities of remotely operated vehicles the undersea volcano, Loihi, and its ef- across the country, do not constitute and autonomous underwater vehicles. fects on the global carbon cycle and the views of the majority of Ameri- These vehicles, armed with the newest tsunamis. Studying this dramatic phe- cans. Indeed, most Americans are in sonar equipment, will gain better nomenon is critical to understanding peaceful and tolerant. The individuals knowledge of bathymetry, resources the creation of Pacific Islands and sub- perpetrating these crimes may think and navigation. merged land masses that provide essen- these acts represent patriotism, but Two years ago, President Clinton tial habitat for marine life. they are far from it. Instead, they are convened an internationally renowned I applaud the efforts of those who perpetuating a hatred similar to that panel of oceanographers and charged continue down the unmarked path to- which drove 19 terrorists to take so them to develop a United States strat- ward ocean exploration, constructing many lives on that fateful Tuesday, egy for ocean exploration. In October the framework for future discoveries. and it must stop. of 2000, the Ocean Exploration Panel At this time of national resolve and There are 6.5 million Muslims living presented its recommendations. The sorrow, I call attention to the global in the United States today. By Sep- panel challenged the federal govern- challenges that we face to understand tember 27, the FBI was investigating ment to embrace the discovery of the the inner space of our earth—the over 90 hate crimes committed against unknown, to dedicate a vessel for ocean oceans. A true ocean odyssey under the Muslims, individuals of Middle Eastern exploration, and to establish an Ocean leadership of NOAA should be devel- descent, or in some cases, individuals Exploration Program. oped in cooperation with the Navy, Na- who appear Muslim or Middle Eastern. The National Oceanic and Atmos- tional Science Foundation, NASA, the While these cases are under investiga- pheric Administration provided leader- USGS, universities and private not-for- tion, the Council on American-Islamic ship on this directive by establishing profit organizations. Our oceans are Relations has received reports of more the Office of Ocean Exploration. The crucial to our existence and national than 625 attacks against Arab-Ameri- Bush Administration proposed $14 mil- security; we must understand them. cans. This type of bigotry cannot go lion for NOAA to accomplish this sig- f on. nificant endeavor for Fiscal Year 2002. On September 11, the terrorists did The Senate Appropriations bill for the AMERICA MUST OPPOSE HATE not single out their victims based on Departments of Commerce, Justice and CRIME what they looked like or how they wor- State provided for this amount, and it Mr. VOINOVICH. Madam President, shiped. They killed American citizens is my hope that it will be retained in one of the guiding principles upon and foreign nationals of dozens of other conference. which the United States of America nations indiscriminately. They mur- The panel further recommended des- was founded is that of religious free- dered men, women and children of dif- ignating a lead federal agency for dom. Indeed, it is guaranteed in the ferent ethnic backgrounds and reli- ocean exploration. The National Oce- Constitution, and it is a right that we gions, many of whom were themselves anic and Atmospheric Administration as Americans hold dear. Muslims. in the U.S. Department of Commerce Our forefathers came to these shores Some of our citizens have lost loved has the authority, the mission, the from nations all over the world search- ones and friends, yet the vast majority track record, the desire, and the capa- ing for the ability to worship as they of us have lost only our innocence. Our bilities to provide a leadership role. pleased, and even now, men, women Nation is hurting right now, and we For these reasons, NOAA should be rec- and children still come to the United will all grieve in our own fashion, but ognized as the federal leader for ocean States to do so. Today, virtually every we must not redirect our anger and exploration. branch of religion known to man is rep- frustration against one another. In the Senate of Hawaii, our cultural resented here in the United States. Even in the face of such hatred in our history is entwined in the history of That fact should not only be expected own Nation, the rays of hope and com- the ocean. From fishermen to tourists, in a Nation of immigrants, but our di- passion still shine. The same Islamic researchers to snorkelers, we integrate versity of cultures and religions should Center in Cincinnati that has been the the oceans into our daily lives. Marine be celebrated. target of hate has raised $6,000 for the life embodies those very elements However, in the wake of the Sep- American Red Cross, and will hold a which define Hawaii. The Hawaiian Is- tember 11 terrorist attacks, events blood drive soon to help in rescue ef- lands Humpback Whale National Ma- have occurred across this Nation that forts. Muslims from the tri-state area, rine Sanctuary, the Northwest Hawai- fly in the face of our Constitutional Ohio, Kentucky and Indiana, have also ian Islands Coral Reef Ecosystem Re- guarantees. Acts of hatred have been helped in the relief efforts, calling on serve, and many other federal and state perpetrated against Arab-Americans their community to donate blood, give marine protected areas illustrate the and Muslim-Americans as if they had money, and pray for the victims and importance we as a community place carried out or even condoned the kill- their families. on our marine resources. The commit- ing of thousands of innocents. As President George W. Bush stated ment to nurture, protect, and educate I am disturbed by the stories I have in his September 20 speech to the Na- people about the ocean represents the heard in the last few weeks; a Sikh gas tion, ‘‘[Islam’s] teachings are good and essence of malama kai, care for the station owner in Mesa, AZ, who was peaceful, and those who commit evil in sea, which is so important to the Ha- shot and killed in the weekend fol- the name of Allah blaspheme the name waiian culture. Given the importance lowing the attack simply because he of Allah.’’ We must not only remember of the sea to our sustenance and liveli- was wearing a turban; a Pakistani these words in the weeks to come, but hoods, it is essential that we learn Muslim grocer in Texas, as well as an we need to assure men and women of about and share the responsibility to Egyptian Christian in California, both all backgrounds that the American

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10382 CONGRESSIONAL RECORD — SENATE October 9, 2001 people understand that the terrorists ment ensured the stability of our fi- cently pinned to his chest is only a who attacked the United States do not nancial markets and Americans were token symbol of a life marked by brav- represent all Muslims, just like those able to count on the reliability of their ery and service. who commit hate crimes against Amer- banks. The people of Chicago know Jim icans of Muslim or Middle Eastern ori- Our Federal workforce responded in Balcer as Alderman Balcer, rep- gin do not represent all Americans. other ways not as immediately obvi- resenting the 11th ward on the City The more that we understand one an- ous, but just as important to our coun- other, the greater the chance for peace. try’s needs. Federal employees ensured Council. They know him as a strong advocate for the city’s veterans and as f the availability of a clean blood supply and monitored the quality of our air an effective voice for his community. THE FEDERAL WORKFORCE AS A and water. Aid was provided through Few know more about military history CRITICAL INFRASTRUCTURE the timely processing of claims for sur- or are more dedicated to understanding Mr. AKAKA. Madam President, I rise vivors of victims and financial assist- the challenges facing those who have today to call attention to the dedicated ance for those not covered by unem- fought for our country. During his four men and women in our Federal work- ployment insurance. Special loans were years on the city council, Alderman force and the invaluable contributions made available to small businesses and Balcer has worked tirelessly for his they make to our Nation. residents displaced by the disaster. constituents and sung their praises The tragic events three weeks ago Despite the events of September 11, without so much as a note from his appropriately has focused our atten- our Nation is functioning and recov- own horn. tion on new ways to protect our Na- ering. This is due in part to the efforts But long before he was Alderman tion’s critical infrastructure. A number of our Federal workforce whose re- Balcer, Jim was Pfc. Balcer in the U.S. of activities have been identified in- sponse was immediate and thorough. Marine Corps. As an 18-year-old soldier cluding communication, emergency The Federal workforce is this nation’s more familiar with the streets of his services, and transportation. All are es- backbone. Our ability to be resolute in sential to the running of our country. confronting a faceless enemy is par- home area of Bridgeport than the jun- However, on September 11 we were all tially attributable to the strength of gles of southeast Asia, Balcer was a quickly reminded of another critical our backbone. We can take comfort and member of the 9th Marine Regiment infrastructure—our Federal Govern- pride in the resilience and fortitude of during the Vietnam War. In late Feb- ment and its workforce. For every es- our government workers. ruary of 1969, Pfc. Balcer and his com- sential service these attacks disrupted, f pany were holding their position on a we expected our government to respond hilltop in the A Shau Valley in Laos. quickly and effectively—and those in LOCAL LAW ENFORCEMENT ACT As a group of the soldiers descended government did. Our Nation’s recovery OF 2001 into the valley below on a reconnais- will be aided because of the talents and Mr. SMITH of Oregon. Madam Presi- sance mission, enemy fire erupted from professionalism of our Federal work- dent, I rise today to speak about hate the dense foliage, trapping the group in force. crimes legislation I introduced with a hail of bullets and shrapnel. Like us all, I was struck by the her- Senator KENNEDY in March of this With dozens of young Marines killed oism of rescue workers in the moments year. The Local Law Enforcement Act following the events of September 11. of 2001 would add new categories to and wounded at the bottom of the hill, Law enforcement officers, firefighters, current hate crimes legislation sending it was Pfc. Jim Balcer who volunteered and others raced into buildings to save a signal that violence of any kind is to lead the mission to rescue them. lives. Teachers calmed children in unacceptable in our society. Through that long Laotian night, in schools and kept them safe from the I would like to describe a terrible the pouring rain and deep, treacherous surrounding horrors. Local officials ex- crime that occurred May 25, 2001 in mud, Balcer made trip after trip into ecuted response plans and coordinated Honolulu, HI. Two teens were charged the valley to reach his fallen comrades. resources. These are among the many with attempted murder after allegedly Half-hour descents through the jungle examples we will long remember. dousing the tents of gay campers, while were followed by nearly four hours of Representatives from the Federal people were inside, with flammable liq- backbreaking climbs up steep and slip- Government worked side by side with uid and setting one on fire in Polihale pery embankments, under enemy fire those brave and selfless local and State State Park. Police believe the crime is and carrying makeshift stretchers heroes. Various federal agencies re- a hate crime based on ‘‘insinuations made from ponchos. sponded to immediate social and com- and remarks’’ made by the suspects at Thanks to Pfc. Balcer and his fellow munity needs by providing temporary the time. Victims in the attack said Marines, every member of the 9th Regi- food and shelter, emergency child care, the perpetrators threw rocks and and other support services. At ground- shouted homosexual slurs at about 20 ment who went into the valley that zero, the Federal Emergency Manage- men prior to setting the tent on fire. night in 1969 came out. The Bronze ment Agency, the Army Corps of Engi- I believe that government’s first duty Star is given to soldiers who distin- neers, and other Federal agencies is to defend its citizens, to defend them guish themselves ‘‘by heroic or meri- worked with State and local rescue against the harms that come out of torious achievement or service . . . workers. They set up emergency and hate. The Local Law Enforcement En- while engaged in an action against an coordinated disaster responses, opened hancement Act of 2001 is now a symbol enemy of the United States or while communications, and provided needed that can become substance. I believe engaged in military operations involv- medical assistance. Federal transpor- that by passing this legislation, we can ing conflict with an opposing foreign tation agencies worked with industry change hearts and minds as well. force.’’ Ordinary language to describe to put our air, rail, and road networks f extraordinary courage, but hardly back into operation. Our Federal Law enough to describe the actions of some- ADDITIONAL STATEMENTS Enforcement Officers and intelligence one who to this day still tells his own specialists spent long hours in intense story without a hint of bravado. investigations to track down the terrorists and their networks. More than IN HONOR OF ALDERMAN JAMES The City of Chicago is fortunate to 2,100 federal employees were deployed BALCER have someone so tenacious and selfless in disaster response teams alone, not ∑ Mr. DURBIN. Madam President, I on its side. Alderman Jim Balcer is as counting the thousands of others who rise today to honor a man who has dedicated to Chicago and its people responded to this national crisis as a served not only the City of Chicago now as he was to his fellow soldiers part of their normal duties. with tireless dedication but who has then. A man of integrity and honor, he Despite the attacks, Americans were served his county with selfless valor. is to be commended on receiving the able to rely on their government. We Alderman James Balcer is a hero by Bronze Star. Wear it proudly, Jim, for received our mail. The Federal Govern- any definition, and the Bronze Star re- we are proud of you.∑

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10383 TRIBUTE TO S. LANE FAISON, JR. At 11:40 a.m., a message from the mittee on Commerce, Science, and Transpor- tation. ∑ Mr. JEFFORDS. Madam President, House of Representatives, delivered by Mr. Hays, one of its reading clerks, an- EC–4326. A communication from the Senior today I rise to recognize the contribu- Legal Advisor to the Bureau Chief, Mass tions of S. Lane Faison, Jr., to Amer- nounced that the House has passed the Media Bureau, Federal Communication Com- ican art education and museums, and following bills, in which it requests the mission, transmitting, pursuant to law, the to acknowledge with gratitude, his 20- concurrence of the Senate: report of a rule entitled ‘‘Amendment of Sec- year service as a trustee of the H.R. 2646. An act to provide for the con- tion 73.202(b), Table of Allotments, FM Bennington Museum in Bennington, tinuation of agricultural programs through Broadcast Stations; Corinth, Scotia and Hudson Falls, NY’’ (Doc. No. 01–94) received Vermont. fiscal year 2011. H.R. 2883. An act to authorize appropria- on October 3, 2001; to the Committee on Com- Professor Faison’s seventy year ca- tions for fiscal year 2002 for intelligence and merce, Science, and Transportation. reer as an art history teacher, curator, intelligence-related activities of the United EC–4327. A communication from the Senior scholar, and administrator reflects his States Government, the Community Man- Legal Advisor to the Bureau Chief, Mass significant efforts in the advancement agement Account, and the Central Intel- Media Bureau, Federal Communications of art, and its importance to our cul- ligence Agency Retirement and Disability Commission, transmitting, pursuant to law, tural identity. His scholarly influence System, and for other purposes. the report of a rule entitled ‘‘Amendment of has been extensive, and he has created The message also announced that the Section 73.622(b), Table of Allotments, DTV Broadcast Stations; Spokane, WA’’ (Doc. No. an extraordinary legacy that he has House has disagreed to the amendment 99–262) received on October 3, 2001; to the generously shared with his community. of the Senate to the bill (H.R. 2590) Committee on Commerce, Science, and Since 1981, Professor Faison has making appropriations for the Treas- Transportation. given his time and expertise as a high- ury Department, the United States EC–4328. A communication from the Senior ly valued and appreciated trustee of Postal Service, the Executive Office of Legal Advisor to the Bureau Chief, Mass the Bennington Museum. It is very fit- the President, and certain Independent Media Bureau, Federal Communications ting that the Bennington Museum Agencies, for the fiscal year ending Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Board of Trustees has chosen to honor September 30, 2002, and for other pur- Section 73.622(b), Table of Allotments, DTV him through the establishment of a poses, and has agreed to the conference Broadcast Stations; Pittsburg, KS’’ (Doc. No. fund designated exclusively for enhanc- asked by the Senate on the disagreeing 01–127) received on October 3, 2001; to the ing exhibitions. It is my pleasure to ac- votes of the two Houses thereon; and Committee on Commerce, Science, and knowledge the ‘‘S. Lane Faison, Jr., appoints the following Members as the Transportation. Exhibition Endowment Fund’’ and to managers of the conference on the part EC–4329. A communication from the Senior Legal Advisor to the Bureau Chief, Mass congratulate Professor Faison on the of the House: Mr. ISTOOK, Mr. WOLF, Media Bureau, Federal Communications establishment of this fund in his Mrs. NORTHUP, Mr. SUNUNU, Mr. PETER- ∑ Commission, transmitting, pursuant to law, honor. SON of Pennsylvania, Mr. TIAHRT, Mr. the report of a rule entitled ‘‘Amendment of f SWEENEY, Mr. SHERWOOD, Mr. YOUNG of Section 73.202(b), Table of Allotments, FM Florida, Mr. HOYER, Mrs. MEEK of Flor- Broadcast Stations; Albemarle and Indian MESSAGES FROM THE PRESIDENT ida, Mr. PRICE of North Carolina, Mr. Trail, NC’’ (Doc. No. 99–240) received on Octo- Messages from the President of the ROTHMAN, Mr. VISCLOSKY, and Mr. ber 3, 2001; to the Committee on Commerce, OBEY. Science, and Transportation. United States were communicated to EC–4330. A communication from the Assist- the Senate by Ms. Evans, one of his f ant Administrator for Fisheries, National secretaries. MEASURES PLACED ON THE Marine Fisheries Service, Office of Sustain- f CALENDAR able Fisheries, Department of Commerce, transmitting, pursuant to law, the report of EXECUTIVE MESSAGES REFERRED The following bills were read the sec- a rule entitled ‘‘Fisheries of the North- ond time, and placed on the calendar. eastern United States , Fishery Management As in executive session the Presiding S. 1499. A bill to provide assistance to Plan for Tilefish’’ (RIN0648–AF87) received Officer laid before the Senate messages on October 3, 2001; to the Committee on Com- from the President of the United small business concerns adversely impacted by the terrorist attacks perpetrated against merce, Science, and Transportation. EC–4331. A communication from the Acting States submitting sundry nominations the United States on September 11, 2001, and Director of the Office of Sustainable Fish- which were referred to the appropriate for other purposes. eries, National Marine Fisheries Service, De- committees. S. 1510. A bill to deter and punish terrorist partment of Commerce, transmitting, pursu- (The nominations received today are acts in the United States and around the ant to law, the report of a rule entitled world, to enhance law enforcement inves- printed at the end of the Senate pro- ‘‘Fisheries of the Exclusive Economic Zone tigatory tools, and for other purposes. ceedings.) Off Alaska; Reallocation of Pollock’’ re- f The following bill was read the first ceived on October 3, 2001; to the Committee and second times by unanimous con- on Commerce, Science, and Transportation. MESSAGES FROM THE HOUSE sent, and placed on the calendar: EC–4332. A communication from the Acting Director of the Office of Sustainable Fish- ENROLLED JOINT RESOLUTIONS SIGNED H.R. 2883. An act to authorize appropriations for fiscal year 2002 for intelligence and eries, National Marine Fisheries Service, De- Under the authority of the order of partment of Commerce, transmitting, pursu- the Senate of January 3, 2001, the Sec- intelligence-related activities of the United States Government, the Community Man- ant to law, the report of a rule entitled retary of the Senate, on October 5, 2001, agement Account, and the Central Intel- ‘‘Fisheries Off West Coast States and in the during the recess of the Senate, re- ligence Agency Retirement and Disability Western Pacific; Pacific Coast Groundfish ceived a message from the House of System, and for other purposes. Fishery; Pacific Whiting Allocation’’ received on October 3, 2001; to the Committee Representatives announcing that the f Speaker has signed the following en- on Commerce, Science, and Transportation. EXECUTIVE AND OTHER EC–4333. A communication from the Attor- rolled joint resolutions: ney/Advisor, Department of Transportation, H.J. Res. 42. A joint resolution memori- COMMUNICATIONS transmitting, pursuant to law, the report of alizing fallen firefighters by lowering the The following communications were a nomination confirmed for the position of American flag to half-staff in honor of the laid before the Senate, together with General Counsel, Office of the Secretary, re- National Fallen Firefighters Memorial Serv- accompanying papers, reports, and doc- ceived on October 3, 2001; to the Committee ice in Emittsburg, Maryland. uments, which were referred as indi- on Commerce, Science, and Transportation. H.J. Res. 51. A joint resolution approving EC–4334. A communication from the Attor- the extension of nondiscriminatory treat- cated: ney/Advisor, Department of Transportation, ment with respect to the products of the So- EC–4325. A communication from the Senior transmitting, pursuant to law, the report of cialist Republic of Vietnam. Legal Advisor to the Bureau Chief, Mass a nomination confirmed for the position of Under the authority of the order of Media Bureau, Federal Communications Administrator, Research and Special Pro- Commission, transmitting, pursuant to law, grams Administration, received on October the Senate of January 3, 2001, the en- the report of a rule entitled ‘‘Amendment of 3, 2001; to the Committee on Commerce, rolled joint resolutions were signed by Section 73.622(b), Table of Allotments, DTV Science, and Transportation. the President pro tempore (Mr. BYRD) Broadcast Stations, Reno, NV’’ (Doc. No. 00– EC–4335. A communication from the Attor- on October 5, 2001. 137) received on October 3, 2001; to the Com- ney/Advisor, Department of Transportation,

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10384 CONGRESSIONAL RECORD — SENATE October 9, 2001 transmitting, pursuant to law, the report of EC–4345. A communication from the Prin- Michigan relative to China; to the com- a nomination confirmed for the position of cipal Deputy Associate Administrator of the mittee on Foreign Relations. Assistant Secretary for Aviation and Inter- Environmental Protection Agency, transmit- HOUSE RESOLUTION NO. 105 national Affairs, received on October 3, 2001; ting, pursuant to law, the report of a rule en- Whereas, Falun Gong, which is also known to the Committee on Commerce, Science, titled ‘‘Clean Air Act Full Approval of Oper- as Falun Dafa, is a discipline of personal be- and Transportation. ating Permits Program in Alaska’’ liefs that incorporates exercise, meditation, EC–4336. A communication from the Acting (FRL7059–3) received on October 2, 2001; to and principles based on truthfulness, com- Director of the Office of Sustainable Fish- the Committee on Environment and Public passion, and forbearance. Its millions of eries, National Marine Fisheries Service, De- Works. practitioners work to attain inner peace, partment of Commerce, transmitting, pursu- EC–4346. A communication from the Chair- good health, and better skills to deal with ant to law, the report of a rule entitled man of the Nuclear Regulatory Commission, stress and conflict in life; and ‘‘Fisheries Off West Coast States and in the transmitting, the monthly status report on Whereas, Over the past several years, au- Western Pacific; West Coast Salmon Fish- the licensing activities and regulatory du- thorities in the People’s Republic of China eries; Inseason Adjustment for the Commer- ties, July 2001; to the Committee on Environ- have taken strong and brutal actions against cial Salmon Season from Queets River, VA, ment and Public Works. practitioners of Falun Gong. Reports indi- to Cape Falcon, OR’’ received on October 3, EC–4347. A communication from the Prin- cate that tens of thousands of people have 2001; to the Committee on Commerce, cipal Deputy Associate Administrator of the been tortured and sent to labor camps, and Science, and Transportation. Environmental Protection Agency, transmit- property owned by those who follow this dis- EC–4337. A communication from the Acting ting, pursuant to law, the report of a rule en- cipline has been destroyed or confiscated. Director of the Office of Sustainable Fish- titled ‘‘Approval and Promulgation of Air The aggressive actions taken by the state re- eries, National Marine Fisheries Service, De- Quality Plans; Wisconsin; Post-1996 Rate of flect a systematic commitment to eliminate partment of Commerce, transmitting, pursu- Progress Plan for the Milwaukee-Racine Falun Gong and those who pursue it; and ant to law, the report of a rule entitled ‘‘Im- Ozone Nonattainment Area’’ (FRL7076–6) re- Whereas, The persecution of practitioners plementation of Conditional Closures in the ceived on October 3, 2001; to the Committee of Falun Gong is in apparent violation of the Gulf of Maine’’ received on October 3, 2001; to on Environment and Public Works. People’s Republic of China’s own constitu- the Committee on Commerce, Science, and EC–4348. A communication from the Prin- tion and a flagrant violation of standards of Transportation. cipal Deputy Associate Administrator of the human rights recognized by the United Na- EC–4338. A communication from the Attor- Environmental Protection Agency, transmit- tions and most governments of the world; ney/Advisor, Department of Transportation, ting, pursuant to law, the report of a rule en- and transmitting, pursuant to law, the report of titled ‘‘Revision to the California State Im- Whereas, Citizens of Michigan who prac- a nomination for the position of Assistant plementation Plan, Tehama County Air Pol- tice Falun Gong and those who understand Secretary for Transportation Policy, re- lution Control District’’ (FRL7066–9) received this discipline cannot fathom the reaction of ceived on October 2, 2001; to the Committee on October 3, 2001; to the Committee on En- the Chinese authorities. Indeed, those who on Commerce, Science, and Transportation. vironment and Public Works. value human rights seek an increase of ef- EC–4339. A communication from the Chief EC–4349. A communication from the Prin- forts to urge the People’s Republic of China of the Division of Management Authority, cipal Deputy Associate Administrator of the to halt this persecution; Now, therefore, be Fish and Wildlife Service, Department of the Environmental Protection Agency, transmit- it Interior, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- Resolved by the House of Representatives, report of a rule entitled ‘‘Import of Polar titled ‘‘Conditional Approval Implementa- That we urge the United States Secretary of Bear Trophies from Canada: Change in the tion Plans; Ohio’’ (FRL7062–5) received on State to increase efforts to urge the People’s Finding for the M’Clintock Channel Popu- October 3, 2001; to the Committee on Envi- Republic of China to recognize and protect lation’’ (RIN1018–AH72) received on October ronment and Public Works. the human rights of its citizens and halt the 1, 2001; to the Committee on Environment EC–4350. A communication from the Prin- persecution against practitioners of Falun and Public Works. cipal Deputy Associate Administrator of the Gong; and be it further EC–4340. A communication from the Prin- Resolved, That copies of this resolution be Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the transmitted to the United States Secretary ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- of State, the President of the United States titled ‘‘Revisions to the California State Im- ting, a report entitled ‘‘Lead-Based Paint Senate, the Speaker of the United States plementation Plan, Bay Area Air Quality Activities in Target Housing and Child-Occu- House of Representatives, and the members Management District’’ (FRL7075–7) received pied Facilities; State of Tennessee Author- of the Michigan congressional delegation. on October 3, 2001; to the Committee on En- ization Application’’; to the Committee on Adopted by the House of Representatives, vironment and Public Works. Environment and Public Works. June 19, 2001. EC–4351. A communication from the Prin- EC–4341. A communication from the Prin- cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the POM–188. A resolution adopted by the Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- House of the Legislature of the State of ting, pursuant to law, the report of a rule en- ting, a report entitled ‘‘National Primary Michigan relative to Latvia; to the Com- titled ‘‘Revision to the California State Im- Drinking Water Regulations; Arsenic and mittee on Foreign Relations. plementation Plan, El Dorado County Air Clarifications to Compliance and New Source HOUSE RESOLUTION NO. 136 Pollution Control District and Imperial Contaminants Monitoring’’; to the Com- Whereas, Since its founding in the wake of County Air Pollution Control District’’ mittee on Environment and Public Works. World War II, NATO has been an important (FRL7075–8) received on October 3, 2001; to EC–4342. A communication from the Prin- force in bringing peace, stability, and part- the Committee on Environment and Public cipal Deputy Associate Administrator of the nership to the member nations. In addition Works. Environmental Protection Agency, transmit- to its role to work for the security of an area EC–4352. A communication from the Prin- ting, pursuant to law, the report of a rule en- of the world wracked by the horrors of wars, cipal Deputy Associate Administrator of the titled ‘‘Clean Air Act Full Approval of Oper- NATO has promoted the growth of democ- Environmental Protection Agency, transmit- ating Permit Program; Virginia’’ (FRL7073– racy and accountability that are vital to the ting, pursuant to law, the report of a rule en- 6) received on October 2, 2001; to the Com- well-being not only of the individual coun- titled ‘‘Revisions to the California State Im- mittee on Environment and Public Works. tries, but also the future of Europe and much plementation Plan, Ventura County Air Pol- EC–4343. A communication from the Prin- of the world; and lution Control District’’ (FRL7067) received cipal Deputy Associate Administrator of the Whereas, Since the restoration of its inde- on October 3, 2001; to the Committee on En- Environmental Protection Agency, transmit- pendence in 1991, Latvia has been a leader vironment and Public Works. ting, pursuant to law, the report of a rule en- among former Iron Curtain countries in de- EC–4353. A communication from the Presi- titled ‘‘Idaho: Final Authorization of State veloping democratic institutions and fos- dent of the United States (received and re- Hazardous Waste Management Program Re- tering a free-market economy. Latvia has al- ferred on October 9, 2001), transmitting, con- visions’’ (FRL7074–2) received on October 2, ready proven its commitment to the ideals of sistent with the War Powers Act, a report 2001; to the Committee on Environment and NATO through its work in a host of world relative to Afghanistan; to the Committee Public Works. and trade organizations; and EC–4344. A communication from the Prin- on Foreign Relations. Whereas, Latvia has a long and distin- cipal Deputy Associate Administrator of the f guished record of leadership among the Bal- Environmental Protection Agency, transmit- tic nations. Hundreds of years ago, it was a ting, pursuant to law, the report of a rule en- PETITIONS AND MEMORIALS key member of the Hanseatic League, and titled ‘‘Revisions to the California State Im- The following petitions and memo- Latvia has remained a strategic trading plementation Plan, Imperial County Air Pol- rials were laid before the Senate and partner with its European neighbors lution Control District, Monterey Bay Uni- were referred or ordered to lie on the throughout history. From the ruins of World fied Air Pollution Control District’’ War I, it developed a vibrant economy with (FRL7058–9) received on October 2, 2001; to table as indicated: democratic principles; and the Committee on Environment and Public POM–187. A resolution adopted by the Whereas, Latvia is strongly committed to Works. House of the Legislature of the state of NATO’s defense priorities. Further, it has set

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10385 in place prudent monetary and social poli- criminate against the buyers of long-term Thompson, United States Secretary of cies well in keeping with those of other east- care insurance policies and to look for ways Health and Human Services; and to the Hon- ern European nations that have recently be- to remove such barriers and implement new orable Ted Stevens and the Honorable Frank come part of NATO. Opening the doors of incentives for the purchase of long-term care Murkowski, U.S. Senators, and the Honor- welcome to Latvia will expand the breadth of insurance by individual Americans. able Don Young, U.S. Representative, mem- this vitally important organization; Now, Copies of this resolution shall be sent to bers of the Alaska delegation in Congress; therefore, be it the Honorable George W. Bush, President of and to all the other members of the 107th Resolved by the House of Representatives, the United States; the Honorable Richard B. United States Congress. That we memorialize the President and the Cheney, Vice-President of the United States Congress of the United States to work for and President of the U.S. Senate; the Honor- POM–191. A joint resolution adopted by the the admission of Latvia into NATO; and be it able Tommy Thompson, United States Sec- Legislature of the State of Alaska relative to further retary of Health and Human Services; to the the United States Coast Guard; to the Com- Resolved, That copies of this resolution be Honorable Ted Stevens and the Honorable mittee on Appropriations. transmitted to the President of the United Frank Murkowski, U.S. Senators, and the LEGISLATIVE RESOLVE NO. 19 States Senate, the Speaker of the United Honorable Don Young, U.S. Representative, Whereas the United States Coast Guard is States House of Representatives, and the members of the Alaska delegation in Con- a military multi-mission maritime service members of the Michigan congressional dele- gress; the Honorable Tony Knowles, Gov- that has answered the call of the United gation. ernor of Alaska; Bob Lohr, Director of the States public continuously for more than 210 Adopted by the House of Representatives, Division of Insurance, Department of Com- years; and June 19, 2001. munity and Economic Development; and to Whereas the United States Coast guard has Jane P. Demmert, Executive Director of the provided critical services to the citizens of POM–189. A joint resolution adopted by the Alaska Commission on Aging, Division of Alaska; and Legislature of the State of Alaska relative to Senior Services, Department of Administra- Whereas, throughout its history, the long-term care insurance; to the Committee tion. United States Coast Guard’s roles as life- on Finance. saver and guardian of the sea have remained LEGISLATIVE RESOLVE NO. 36 POM–190. A joint resolution adopted by the constant, while its missions have evolved Whereas members of the baby boom gen- Legislature of the State of Alaska relative to and expanded with the growth of the nation; eration are beginning to retire, which will the Federal Temporary Assistance to Needy and put a strain on the financial resources of Families Program; to the Committee on Fi- Whereas the mission of the United States younger Americans if their taxes are in- nance. Coast Guard is to protect the nation’s safety, creased to cover the resulting rise in total LEGISLATIVE RESOLVE NO. 35 security, environment, and economy; and Social Security and Medicare payments to Whereas the Temporary Assistance to Whereas the United States Coast Guard’s retirees; and Needy Families (TANF) block grant program operating goals of safety, natural resource Whereas Medicaid was designed as a pro- established in the 1996 federal welfare reform protection, mobility, maritime security, and gram for the poor but, in many states, Med- legislation, the Personal Responsibility and national defense enable it to touch everyone icaid is being used to fund long-term care ex- Work Opportunity Reconciliation Act of 1996 in the nation; and penses for middle-income elderly people; and (PRWORA), included modest supplemental Whereas the United States Coast Guard Whereas, in the coming decade, people over grants for 17 relatively poor or rapidly grow- pursues its goal of safety primarily through 65 years of age will represent 20 percent or ing states; and its search and rescue and marine safety oper- more of the population, and the proportion Whereas the State of Alaska was awarded ations; and of the population composed of individuals a supplemental grant because the state’s Whereas the United States Coast Guard is who are over 85 years of age and are most population increased by more than 10 per- the only organization or government agency likely to be in need of long-term care may cent between April 1, 1990, and July 1, 1994; that has the extensive inventory of assets double or triple; and and and expertise necessary to conduct search Whereas the costs of nursing home care Whereas the supplemental grants included and rescue operations for both recreational can have a catastrophic effect on families, in PRWORA were authorized only through boaters and commercial mariners on lakes, wiping out a lifetime of savings before a federal fiscal year 2001, while the remainder on rivers, in shore areas, and on the high spouse, parent, or grandparent becomes eli- of the law was authorized through federal seas; and gible for Medicaid; and fiscal year 2002; and Whereas the United States Coast Guard Whereas many people are unaware that Whereas, because the supplemental grants provides the first line of defense in pro- most long-term care costs are not covered by will expire, Alaska will face a reduction in tecting the maritime environment through Medicare and that Medicaid covers long- its TANF funding in the amount of $6,887,800, its marine safety program, which ensures the term care only after the person’s assets have or 13 percent of its block grant, starting at safe commercial transport of passengers and been exhausted; and the beginning of federal fiscal year 2002 on cargo, including oil, through the nation’s Whereas widespread use of private, long- October 1, 2001; and waters, and which guards the nation’s mari- term care insurance has the potential to pro- Whereas the elimination of the supple- time borders from incursions by foreign fish- tect families from the catastrophic costs of mental TANF grant could force Alaska to ing vessels; and long-term care services while, at the same scale back its welfare reform efforts, which Whereas the United States Coast Guard time, easing the burden on Medicaid as the have been very successful in moving people serves as a global model of efficient military baby boom generation ages; and off welfare, into work, and out of poverty; multi-mission maritime service for the Whereas the federal government has en- and emerging coast guard organizations of the dorsed the concept of private, long-term care Whereas the TANF block grant provides a world and helps friendly countries to become insurance by establishing some federal tax broad range of services to Alaskans through positive forces of peace and stability, which rules for tax-qualified policies in the Health the Alaska temporary assistance program, promotes democracy and the rule of law; and Insurance Portability and Accountability including cash benefits, child care, case man- Whereas United States Coast Guard per- Act of 1996; be it agement, job development, job training and sonnel are a highly motivated group of peo- Resolved, That the Alaska State Legisla- placement, program administration, trans- ple who are committed to providing essential ture respectfully requests the President, the portation, and other supportive services; and and valuable services to the American pub- Congress, and the Governor to direct the ap- Whereas the TANF block grant provides lic; and propriate governmental agencies to inform other essential services to needy Alaskans Whereas the United States Coast Guard the public not receiving welfare, including child care, military structure, law enforcement author- (1) about the high cost of long-term care child protection, victims of domestic vio- ity, and humanitarian functions make it a services and the need for families to plan for lence, the Healthy Family program, preg- unique arm of national security and enable their long-term care needs; nancy prevention, and teen parent services; it to support broad national goals; and (2) that Medicare will not cover most long- and Whereas the United States Coast Guard is term care costs and the Medicaid will cover Whereas the elimination of the supple- well known for being the first to reach the long-term care services only when the bene- mental TANF grant will also result in the scene when maritime disaster strikes, and it ficiary has exhausted assets; loss of federal funding to some or all of these continues to be given the task of protecting (3) that Americans should explore the programs and services; be it the nation’s waters from pollution, the na- availability of long-term care insurance Resolved, That the Alaska State Legisla- tion’s borders from drug smuggling, and the through their employers, service organiza- ture calls upon the United States Congress nation’s fisheries from being over harvested, tions, professional groups, other entities, to continue the TANF supplemental block and to be assigned additional duties that and private insurance companies; and be it grants through federal fiscal year 2002, the stretch thin its personnel and resources; be further end of the full TANF authorization period. it Resolved, That the Alaska State Legisla- Copies of this resolution shall be sent to Resolved, That the Alaska State Legisla- ture respectfully requests the Congress to the Honorable George W. Bush, President of ture urges the United States Congress to determine to what extent tax rules may dis- the United States; the Honorable Tommy fully fund the United States Coast Guard’s

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10386 CONGRESSIONAL RECORD — SENATE October 9, 2001 supplemental budget for its operational construction funds as part of the Indian renown fisheries at Lake Powell and Flam- readiness and recapitalization requirements Health Services budget for fiscal year 2002 ing Gorge Reservoir; and to ensure that this humanitarian arm of the for the Red Mesa Health Center and staff Whereas, the construction of the Glen Can- nation’s national security system remains quarters at Red Mesa, Arizona; be it further yon Dam and Flaming Gorge Dam has cre- ‘‘semper paratus’’ throughout the Twenty- Resolved, That a copy of this resolution be ated a rich riparian habitat below the dams First Century. sent to the President of the United States that did not previously exist: Now, therefore, Copies of this resolution shall be sent to Senate, the Speaker of the United States be it the Honorable Dick Cheney, Vice-President House of Representatives, and the members Resolved, That the Legislature of the state of the United States and President of the of Utah’s congressional delegation. of Utah, the Governor concurring therein, U.S. Senate; the Honorable Strom Thur- urge the United States Congress and the De- mond, President Pro-Tempore of the U.S. POM–193. A concurrent resolution adopted partment of Interior officials to recognize Senate; the Honorable J. Dennis Hastert, by the Legislature of the State of Utah rel- and protect the water, power, recreation, and Speaker of the U.S. House of Representa- ative to cricket and grasshopper infestation; environmental benefits of Lake Powell or tives; the Honorable Norman Y. Mineta, Sec- to the Committee on Appropriations. Flaming Gorge Reservoir, and the water reg- retary of Transportation; Admiral James M. HOUSE CONCURRENT RESOLUTION NO. 11 ulation and flood control benefits to United Loy, Commandant of the United States Whereas, 1.25 million acres of land in the States citizens from Glen Canyon Dam and Coast Guard; Admiral Dennis C. Blair, Com- state of Utah is infested with crickets and Flaming Gorge Dam; be it further mander in Chief, U.S. Pacific Command; Vice grasshoppers; Resolved, that the Legislature and the Gov- Admiral Ernest R. Riutta, Commander, U.S. Whereas, $22.5 million in crop losses have ernor urge the United States Congress and Coast Guard Pacific Area; Rear Admiral occurred in Box Elder and Tooele counties Department of Interior officials to oppose Thomas J. Barrett, Commander, Seven- alone, with an additional $5 million in dam- any effort to breach or remove Glen Canyon teenth Coast Guard District; and to the Hon- ages in 16 other counties resulting from the Dam and Flaming Gorge Dam, or drain Lake orable Ted Stevens and the Honorable Frank infestation; Powell or Flaming Gorge Reservoir; be it Murkowski, U.S. Senators, and the Honor- Whereas, crickets and grasshoppers have further able Don Young, U.S. Representative, mem- migrated from federal land, where no insecti- Resolved, That the Legislature and the bers of the Alaska delegation in Congress. cides were sprayed, to surrounding private Governor urge Congress and Department of lands; Interior officials to prohibit the use of fed- POM–192. A resolution adopted by the Whereas, on March 15, 2000, Governor eral funds for any studies concerning the House of the Legislature of the State of Utah Leavitt issued a declaration of agricultural breaching or removal of Glen Canyon Dam, relative to the Red Mesa Health Center; to emergency, sought federal disaster relief, Flaming Gorge Dam, Lake Powell, or Flam- the Committee on Appropriations. and issued a letter to the United States De- ing Gorge Reservoir; be it further Resolved, That copies of this resolution be HOUSE RESOLUTION NO. 8 partment of Agriculture seeking federal commodity credit corporation funds for the sent to the President of the United States Whereas, since the mid-1980’s the Navajo relief of affected Utah farmers; Senate, the Speaker of the United States Nation and Indian Health Services have Whereas, during 1999 and 2000, available House of Representatives, the members of planned the construction of the Red Mesa state funds and limited federal assistance Utah’s congressional delegation, and Depart- Health Center and staff quarters to improve were used to treat affected lands, but little ment of Interior officials. access to health care for the 10,000 people re- progress was made because the bulk of the siding in southeast Utah and northeast Ari- federal assistance came late in the treat- POM–195. A concurrent resolution adopted zona; ment season; by the Legislature of the State of Utah rel- Whereas, local land users donated 75 acres Whereas, the cricket and grasshopper in- ative to Cold War nuclear testing; to the of land at Red Mesa, Arizona, for the devel- festation will be larger in 2001, with contin- Committee on the Judiciary. opment of the Red Mesa Health Center and ued large economic losses to property owners HOUSE CONCURRENT RESOLUTION NO. 1 staff quarters; and agricultural operators; Whereas, January 27, 2001, marks the 50th Whereas, all of the necessary documents Whereas, available state funds will be in- anniversary of the beginning of nuclear test- including legal surveys and environmental sufficient to adequately control the situa- ing at the Nevada test site on January 27, clearances have been completed and the site tion; and has been legally withdrawn by the Navajo Whereas, since the problem originated on 1951; Nation for the project; federal lands, the federal government should Whereas, many Utahans and many other Whereas, the United States Congress ap- fund a substantial portion of the effort to citizens of the United States of America liv- propriated design funds in fiscal year 2000 for eliminate the infestation and assist those ing downwind of those tests suffered as a re- the design of the Red Mesa Health Center; whose livelihood has been devastated: Now sult of being ‘‘active participants’’ in the na- Whereas, the Indian Health Services has therefore, be it tion’s nuclear testing program; and hired an architectural firm and the project is Resolved, That the Legislature of the state Whereas, uranium miners in Utah, Colo- currently in design; of Utah, the Governor concurring therein, rado, New Mexico, Arizona, and the Navajo Whereas, a construction manager also has urges the United States Congress to provide Nation whose work fueled the nuclear weap- been hired to oversee the construction of the funds sufficient to relieve Utahns of the dev- ons program also suffered from exposure to project once it is designed and construction astating economic impact of the state’s radiation: Now, therefore, be it funds are appropriated; cricket and grasshopper infestation; be it Resolved, That the Legislature of the state Whereas, the Red Mesa Health Center, further of Utah, the Governor concurring therein, when completed, will provide adult and pedi- Resolved, That a copy of this resolution be designate January 27, 2001, as a Day of Re- atric medical services, diagnosis and labora- sent to the President of the United States membrance to recognize the legacy of the tory services, short stay nursing beds, den- Senate, the Speaker of the United States Cold War and express hope for peace, justice, tal, physical therapy, and 24-hour emergency House of Representatives, the United States healing, reconciliation, and the fervent de- care; Department of Agriculture, and the members sire and commitment to assure that such a Whereas, most of the services that would of Utah’s congressional delegation. legacy will never be repeated; be it further be provided by the Red Mesa Health Center Resolved, That the Legislature and the are currently unavailable in the proposed POM–194. A concurrent resolution adopted Governor recognize the sacrifices of the service area and the local people have to by the Legislature of the State of Utah rel- downwinders, uranium miners, and all other travel to Shiprock, New Mexico, to receive ative to Glen Canyon Dam, Flaming Gorge participants and victims of the Cold War, these services; Dam, and Lake Powell; to the Committee on and their losses due to this tragedy; be it Whereas, travel distance to Shiprock for Energy and Natural Resources. further Resolved, That a copy of this resolution be the user population is an average of 60 miles; HOUSE CONCURRENT RESOLUTION NO. 3 Whereas, Indian Health Services planned sent to Downwinders, Inc. and the members Whereas, the existence of Glen Canyon of Utah’s congressional delegation. the Red Mesa Health Center with 93 units of Dam and Flaming Gorge Dam has allowed staff quarters due to the remoteness of the the seven Colorado River Basin states to POM–196. A joint resolution adopted the site; share and cooperatively plan for the bene- Whereas, housing availability is critical in Legislature of the State of Utah relative to ficial use of water for millions of citizens; the tax relief plan; ordered to lie on the the recruitment and retention of medical Whereas, Lake Powell and Flaming Gorge table. doctors, nurses, and other health profes- Reservoir provide water regulation and flood sionals on the Navajo Nation; and control capability in the Colorado River sys- HOUSE JOINT RESOLUTION NO. 18 Whereas, it is vital that the staff quarters tem for the citizens of the seven states; Whereas, federal taxes from all sources are be constructed at the same time as the Whereas, electric generating facilities at currently the highest ever during peacetime; health center in order for the clinic to open Glen Canyon Dam and Flaming Gorge Dam Whereas, all taxpayers should be allowed with adequate staffing: Now, therefore, be it provide electricity to more than a million to keep more of their own money; Resolved, That the House of Representa- households; Whereas, one of the best ways to encourage tives of the state of Utah urges the United Whereas, millions of visitors annually economic growth is to cut marginal tax rates States Congress to appropriate $48 million in enjoy the recreational amenities and world- across all tax brackets;

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10387 Whereas, under current tax law, low-in- the Constitution of the United States of ticipation by employed workers in the state come workers often pay the highest mar- America for any purpose, whether limited or of Utah and throughout the United States; ginal rates and President Bush’s tax cut general, be hereby repealed, rescinded, and Whereas, the retirement portion of the So- would reduce the marginal tax rate by 40–50 canceled and rendered null and void to the cial Security tax is high, having risen from percent for low-income families with chil- same effect as if the applications had never an initial rate of 1% of the first $3,000 of a dren; been made; be it further worker’s income, up to a maximum of $30 per Whereas, President Bush’s tax relief plan Resolved, That the Legislature of the state year, to the present rate of 12.4% of the first will contribute to raising the standard of liv- of Utah urges the legislatures of each and $80,400 of employee wages or self-employing for all Americans by reducing tax rates, every state which have applied to Congress ment income up to a maximum of $830.80 per expanding the child tax credit, and reducing for either a general or a limited constitu- month or $9,969.60 per year; the marriage penalty; tional convention to repeal and rescind the Whereas, the maximum Social Security re- Whereas, President Bush’s tax relief plan applications; be it further tirement tax, paid by almost 11 million will increase access to the middle class for Resolved, That a copy of this resolution be workers, has risen 5.51% in 2001 over the year hard working families, treat all middle class sent to presiding officers of both houses of 2000, and is now 57% higher than in 1990; families more fairly, encourage entrepre- the legislatures of each of the other states of Whereas, because neither the employee’s neurship and growth, and promote charitable the Union, to the President of the United direct tax contribution to Social Security giving and education; and States Senate, to the Speaker of the United nor the employer’s contribution on the em- Whereas, under President Bush’s tax relief States House of Representatives, and to the ployee’s behalf appears on the employee’s plan, the largest percentage reductions will members of Utah’s congressional delegation. federal tax return, few employees understand go to the lowest income earners: Now, there- the amount of Social Security retirement POM–198. A joint resolution adopted by the fore, be it tax they actually pay each month; Legislature of the State of Utah relative to Resolved, That the Legislature of the state Whereas, individuals can estimate their the regulation of poll closing; to the Com- of Utah urges the United States Congress to own Social Security tax cost by estimating mittee on Rules and Administration. support and work to pass the tax relief plan 1% of annual compensation paid each introduced by President Bush; be it further HOUSE JOINT RESOLUTION NO. 6 month—for example, an annual income of Resolved, That a copy of this resolution be Whereas, during election night in 2000, tel- $30,000 would yield an estimated monthly So- sent to the President of the United States evision networks made declarations of vic- cial Security retirement tax cost of $300 per Senate, the Speaker of the United States tory for both candidates for President of the month; House of Representatives, and the members United States before the polls had closed; Whereas, the Social Security retirement of Utah’s congressional delegation. Whereas, in one erroneous declaration, the tax consumes nearly every dollar that many winner of the eventually decisive state of workers of modest income might otherwise POM–197 A joint resolution adopted by the Florida was announced hours before polls in be able to save and invest; Legislature of the State of Utah relative to the western region of the nation were closed Whereas, because higher income workers rescinding the call for constitutional con- and before all polls in western Florida has are better able to save and invest over and vention; to the Committee on the Judiciary. closed; above the amounts paid in Social Security Whereas, when news services declare win- taxes, escaping Social Security dependence, HOUSE JOINT RESOLUTION NO. 15 ners before the nation’s polls close, voters in but modest income workers cannot, the sys- Whereas, the Legislature of the state of states where polls are not yet closed may tem creates disproportionate dependence on Utah, acting with the best of intentions, has, conclude that their vote will not affect the the system by low and middle-income work- at various times, previously made applica- outcome and choose not to vote; ers; tions to the Congress of the United States of Whereas, releasing the vote count results Whereas, for many lower income American America for one or more constitutional con- for states whose polls are closed before the workers, the Social Security retirement tax ventions for general purposes or for the lim- closure of polling places in other regions of represents virtually all of the monthly re- ited purposes of considering amendments to the country can distort the results of an tirement savings they assemble; the Constitution of the United States of election by suggesting that votes not yet Whereas, with the individual retirement America on various subjects and for various cast will have no bearing on the outcome; benefit currently ranging from a low of just Whereas, in close races like the most re- purposes; a few dollars per month to a high of approxi- cent election of President of the United Whereas, former Justices of the United mately $1,400 per month, and the average States, declarations of victory before polls States Supreme Court and other leading con- monthly retirement benefit currently at stitutional scholars are in general agreement close can affect the outcome of the vote; Whereas, a uniform poll closing time would about $845 per month, Social Security retire- that a constitutional convention, notwith- ment benefits amount to a below poverty standing whatever limitations have been prevent the publicizing of early election returns in one region of the nation from im- level subsistence for many retirees; specified in the applications of the several Whereas, although Social Security was states for a convention, would have within pacting the vote in other regions; Whereas, if a uniform poll closing time was originally intended to merely supplement the scope of its authority the complete re- established for the Eastern, Central, Moun- other core retirement income sources, the drafting of the Constitution of the United tain, and Pacific time zones, polling places high tax rate prohibits many workers from States of America, thereby creating an im- in western regions of the country could open ever adequately saving and investing, and as minent peril to the well-established rights of earlier on the morning of election day to a consequence, Social Security has become the people and to the constitutional prin- compensate for their earlier closing time; the core retirement income source for many ciples under which we are presently gov- and Americans; erned; Whereas, uniform poll closing times in Whereas, national demographics have Whereas, the Constitution of the United these time zones would significantly reduce shifted significantly since the system was States of America has been amended many the possibility that an election could be created as a part of President Roosevelt’s times in the history of the nation and may tainted by premature declarations of vic- New Deal policies; yet be amended many more times, and has tory: Now, therefore be it Whereas, in 1945, 41.9 workers supported been interpreted for 200 years and been found Resolved, That the Legislature of the state each retiree, and today just 3.3 workers sup- to be a sound document which protects the of Utah urge the United States Congress to port each retiree; rights and liberties of the people without the institute uniform poll closing times for Whereas, the ratio is expected to dwindle need for a constitutional convention; states in the Eastern, Central, Mountain, to 2 workers per retiree within the next 30 Whereas, there is no need for—rather, and Pacific time zones; be it further years, making the current system there is great danger in—a new constitution, Resolved, That the United States Congress unsustainable; the adoption of which would only create review the factors that contributed to the Whereas, tax receipts currently exceed legal chaos in America and only begin the problems in the 2000 General Election vote benefit payments, yet, Social Security process of another two centuries of litigation for the Presidency of the United States; be it Trustees estimate that benefit payments will over its meaning and interpretation; and further exceed tax receipts, producing annual defi- Whereas, such changes or amendments as Resolved, That a copy of this resolution be cits, beginning in approximately 15 years, or may be needed in the present Constitution presented to the President of the United the year 2015; may be proposed and enacted, pursuant to States Senate, the Speaker of the United Whereas, the Social Security Trustees esti- the process provided therein and previously States House of Representatives, and the mate the cumulative annual deficits for used throughout the history of this nation, members of Utah’s congressional delegation. years 2015 through 2075 to reach $21.6 trillion; without resort to a constitutional conven- Whereas, it is unethical to perpetuate a tion: Now, therefore, be it POM–199. A joint resolution adopted by the system that accrues benefits for a current Resolved by the Legislature of the state of Legislature of the State of Utah relative to generation of retirees at the expense of Utah, That any and all existing applications Social Security; to the Committee on Fi- younger workers who will likely never col- to the Congress of the United States of nance. lect benefits but will inherit the mounting America for a constitutional convention or HOUSE JOINT RESOLUTION NO. 2 debt; conventions heretofore made by the Legisla- Whereas, Social Security is a federal pro- Whereas, the current system is unfair to ture of the state of Utah under Article V of gram that requires almost unanimous par- future retirees because after a lifetime of

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10388 CONGRESSIONAL RECORD — SENATE October 9, 2001 paying into the system, a worker retains no palities, including Galveston, Texas were al- By Mr. KOHL: legal right nor claim to any amount or ben- lowed to opt out of Social Security in favor S. 1515. A bill to provide for enhanced secu- efit, but is subject to future congresses who of a privatized system prior to 1981; and rity with respect to aircraft; to the Com- will set the benefit rates; Whereas, since many Americans are unable mittee on Commerce, Science, and Transpor- Whereas, the current system is unfair to to save and invest for retirement beyond the tation. those who die prematurely because it is pos- 12.4% payroll tax, a privatized Social Secu- By Mr. SANTORUM: sible to pay for a lifetime into the system rity option may be the only hope for many S. 1516. A bill to remove civil liability bar- yet draw only minimal benefit or even no lower income or economically disadvantaged riers that discourage the donation of fire benefit prior to death and leave no residual Americans to achieve financial empower- equipment to volunteer fire companies; to value to any heir; ment and retirement security; Now, there- the Committee on the Judiciary. Whereas, the current system is unfair to fore, be it By Mr. SPECTER: widows and widowers because they must Resolved, That the Legislature of the state S. 1517. A bill to amend titles 10 and 38, forego either their own benefit or their de- of Utah urge the United States Congress to United States Code, to enhance the Mont- ceased spouse’s benefit (‘‘widow(er)’’ ben- enact legislation to allow individual workers gomery GI Bill, and for other purposes; to efit), and may claim the widow(er) benefit to choose to remain in the current system or the Committee on Veterans’ Affairs. only after attaining qualification age them- to select a private account option; be it fur- By Mr. BOND (for himself, Mr. CONRAD, selves regardless of the age of the deceased ther and Ms. SNOWE): spouse; Resolved, That the Legislature urge that S. 1518. A bill to improve procedures with Whereas, the current system is unfair to the legislation not disrupt the benefits paid respect to the admission to, and departure women who leave employment to raise fami- to existing Social Security recipients; be it from, the United States of aliens; to the lies because many women in Utah and further Committee on the Judiciary. throughout the United States work and pay Resolved, That the legislation create pri- By Mr. HARKIN (for himself, Mr. retirement taxes into the system for many vate accounts to be owned and controlled by LUGAR, Mr. KERRY, Mr. CRAPO, Mr. years but never complete the required 10 individual employees or workers, allow the MCCONNELL, Mr. HELMS, Mr. DAYTON, years or 40 quarters, before leaving employ- individual employee or worker discretion to Mr. LEAHY, Mr. HUTCHINSON, Mr. MIL- ment, making them ineligible for retirement invest among multiple prudent and diversi- LER, Mrs. LINCOLN, Mr. BAUCUS, Mr. benefits; fied investment options, and create min- ROBERTS, Mr. CONRAD, and Mr. NEL- Whereas, the system is unfair to some eth- imum guaranteed income, disability, and SON of Nebraska): nic minorities, including African-Americans, death benefits in the private account; be it S. 1519. A bill to amend the Consolidated whose life expectancies are shorter and will further Farm and Rural Development Act to provide typically collect benefits for a shorter time Resolved, That a copy of this resolution be farm credit assistance for activated reserv- period; sent to the Speaker of the United States ists; to the Committee on Agriculture, Nu- Whereas, retirement security is best House of Representatives, the President of trition, and Forestry. achieved by regularly saving and investing the United States Senate, and the members By Mr. BAYH (for himself, Mr. VOINO- one’s own money over a lifetime of work, and of Utah’s congressional delegation. VICH, Mr. MILLER, Mrs. CARNAHAN, public policy regarding Social Security f Mr. CARPER, Mr. NELSON of Nebraska, should support, facilitate, and encourage Mr. ROCKEFELLER, Mrs. LINCOLN, Ms. saving rather than discourage or deter it; REPORTS OF COMMITTEES MIKULSKI, and Mr. BENNETT): Whereas, the objective of Social Security S. 1520. A bill to assist States in preparing privatization is for individual workers to The following reports of committees for, and responding to, biological or chem- have legal ownership in a retirement asset were submitted: ical terrorist attacks; to the Committee on that can be used and ultimately passed on to By Mr. SARBANES, from the Committee Health, Education, Labor, and Pensions. heirs; on Banking, Housing, and Urban Affairs, By Mr. BROWNBACK: Whereas, even with modest return assump- without amendment: S. 1521. A bill to amend the FREEDOM tions, the private, individually owned ac- S. 1511: An original bill to combat inter- Support Act to authorize the President to count can be expected to produce a signifi- national money laundering, thwart the fi- waive the restriction of assistance for Azer- cantly enhanced retirement income; nancing of terrorism, and protect the United baijan if the President determines that it is Whereas, private, individually owned ac- States financial system, and for other pur- in the national security interest of the counts accrue value and future benefits to poses. United States to do so; to the Committee on the workers regardless of future congres- Foreign Relations. sional actions; f Whereas, private, individually owned ac- INTRODUCTION OF BILLS AND f count grow on behalf of the worker whether or not the worker completes 40 quarters of JOINT RESOLUTIONS SUBMISSION OF CONCURRENT AND contributions; The following bills and joint resolu- SENATE RESOLUTIONS Whereas, private, individually owned actions were introduced, read the first count can be passed on by inheritance to and second times by unanimous con- The following concurrent resolutions spouses, children, or grandchildren, affording sent, and referred as indicated: and Senate resolutions were read, and an opportunity for long-term inter- referred (or acted upon), as indicated: generational wealth accumulation; By Mr. SARBANES: Whereas, a national system of private, in- S. 1511. An original bill to combat inter- By Mr. DASCHLE (for himself, Mr. dividual accounts can be perpetuated with- national money laundering, thwart the fi- LOTT, Mr. BAUCUS, Mr. BURNS, Mr. out end and without concern for projected nancing of terrorism, and protect the United BYRD, Mr. STEVENS, Mr. INOUYE, Mr. dates of insolvency; States financial system, and for other pur- THURMOND, Mr. KENNEDY, Mr. HOL- Whereas, private, individual accounts af- poses; from the Committee on Banking, LINGS, Mr. LEAHY , Mr. REID, Mr. ford workers the opportunity to select from Housing, and Urban Affairs; placed on the AKAKA, Mr. ALLARD, Mr. ALLEN, Mr. among multiple investment options, includ- calendar. BAYH, Mr. BENNETT, Mr. BIDEN, Mr. ing government bonds or prudent, diversified By Mr. INHOFE: BINGAMAN , Mr. BOND, Mrs. BOXER, investment models like those used by large S. 1512. A bill to report on any air space re- Mr. BREAUX, Mr. BROWNBACK, Mr. pension or endowment funds; strictions put in place as a result of Sep- BUNNING, Mr. CAMPBELL, Ms. CANT- Whereas, workers around the world are em- tember 11, 2001, terrorist attacks that re- WELL, Mrs. CARNAHAN, Mr. CARPER, bracing privatized systems as a workable so- main in place; to the Committee on Com- Mr. CHAFEE, Mr. CLELAND, Mrs. CLIN- lution to an overburdened government Social merce, Science, and Transportation. TON, Mr. COCHRAN , Ms. COLLINS, Mr. Security program; By Mrs. HUTCHISON (for herself, Mr. CONRAD, Mr. CORZINE, Mr. CRAIG, Mr. Whereas, the successful pioneer Chilean BROWNBACK, Mr. MILLER, Mr. SMITH CRAPO, Mr. DAYTON, Mr. DEWINE, Mr. model was commenced 20 years ago with at of New Hampshire, Mr. HUTCHINSON, DODD, Mr. DOMENICI, Mr. DORGAN, Mr. least seven other Latin American countries Mr. FITZGERALD, and Mr. ALLEN): DURBIN, Mr . EDWARDS, Mr. ENSIGN, following suit; S. 1513. A bill to amend the Internal Rev- Mr. ENZI, Mr. FEINGOLD, Mrs. FEIN- Whereas, Great Britain, Australia, and enue Code of 1986 to make marriage penalty STEIN, Mr. FITZGERALD, Mr. FRIST, Singapore have also adopted private options, relief effective immediately in the 15-percent Mr. GRAHAM, Mr. GRAMM, Mr. GRASS- similar reforms are underway in Russia, bracket and the standard deduction; to the LEY, Mr. GREGG, Mr . HAGEL, Mr. Hungary, Poland, and Kazakhstan, and the Committee on Finance. HARKIN, Mr. HATCH, Mr. HELMS, Mr. People’s Republic of China have embraced a By Mr. JEFFORDS (for himself and HUTCHINSON, Mrs. HUTCHISON, Mr. private option with workers contributing Mr. LEAHY): INHOFE, Mr. JEFFORDS, Mr. JOHNSON, one-half of their retirement funds into an in- S. 1514. A bill to extend the temporary sus- Mr. KERRY, Mr. KOHL, Mr . KYL, Ms. dividual account system since 1996; pension of duty with respect to certain LANDRIEU, Mr. LEVIN, Mr. LIEBER- Whereas, some U.S. workers have enjoyed snowboard boots; to the Committee on Fi- MAN, Mrs. LINCOLN, Mr. LUGAR, Mr. a private account system as certain munici- nance. MCCAIN, Mr. MCCONNELL,

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10389 Ms. MIKULSKI, Mr. MILLER, Mr. MUR- as cosponsors of S. 829, a bill to estab- sponsibility Act of 1996 to extend the KOWSKI, Mrs. MURRAY, Mr. NELSON of lish the National Museum of African deadline for aliens to present a border Florida, Mr. NELSON of Nebraska, Mr. American History and Culture within crossing card that contains a biometric NICKLES, Mr. REED, Mr. ROBERTS, Mr. the Smithsonian Institution. identifier matching the appropriate bi- ROCKEFELLER, Mr. SANTORUM, Mr. ometric characteristic of the alien. SARBANES, Mr. SCHUMER, Mr. SES- S. 1111 SIONS, Mr. SHELBY, Mr. SMITH of New At the request of Mr. CRAIG, the S. 1409 Hampshire, Mr. SMITH of Oregon, Ms. name of the Senator from Ohio (Mr. At the request of Mr. MCCONNELL, SNOWE, Mr. SPECTER, Ms. STABENOW, VOINOVICH) was added as a cosponsor of the name of the Senator from Idaho Mr. THOMAS, Mr. THOMPSON, Mr. S. 1111, a bill to amend the Consoli- (Mr. CRAIG) was added as a cosponsor of TORRICELLI, Mr. VOINOVICH, Mr. WAR- dated Farm and Rural Development S. 1409, a bill to impose sanctions NER, Mr. WELLSTONE, and Mr. Act to authorize the National Rural against the PLO or the Palestinian Au- WYDEN): Development Partnership, and for thority if the President determines S. Res. 169. A resolution relative to the that those entities have failed to sub- death of the Honorable Mike Mansfield, for- other purposes. stantially comply with commitments merly a Senator from the State of Montana; S. 1224 made to the State of Israel. considered and agreed to. At the request of Mr. ALLARD, the At the request of Mrs. FEINSTEIN, the By Mr. WELLSTONE (for himself, Mr. name of the Senator from Oregon (Mr. DODD, and Mr. REID): name of the Senator from Maine (Ms. WYDEN) was added as a cosponsor of S. S. Res. 170. A resolution honoring the SNOWE) was added as a cosponsor of S. United States Capitol Police for their com- 1224, a bill to amend title XVIII of the 1409, supra. Social Security Act to extend the mitment to security at the United States S. 1434 Capitol, particularly on and since September availability of medicare cost contracts At the request of Mr. SPECTER, the 11, 2001; considered and agreed to. for 10 years. names of the Senator from Maryland By Mr. McCONNELL: S. 1257 S. Con. Res. 77. A concurrent resolution ex- (Ms. MIKULSKI), the Senator from Colo- At the request of Mr. REID, the name pressing the sense of the Congress that a rado (Mr. ALLARD), and the Senator postage stamp should be issued to honor coal of the Senator from Georgia (Mr. MIL- from South Carolina (Mr. HOLLINGS) miners; to the Committee on Governmental LER) was added as a cosponsor of S. were added as cosponsors of S. 1434, a Affairs. 1257, a bill to require the Secretary of bill to authorize the President to f the Interior to conduct a theme study award posthumously the Congressional to identify sites and resources to com- ADDITIONAL COSPONSORS Gold Medal to the passengers and crew memorate and interpret the Cold War. of United Airlines flight 93 in the after- S. 488 S. 1284 math of the terrorist attack on the At the request of Mr. ALLEN, the At the request of Mr. KENNEDY, the United States on September 11, 2001. name of the Senator from California name of the Senator from Louisiana S. 1447 (Mrs. BOXER) was added as a cosponsor (Mr. BREAUX) was added as a cosponsor At the request of Mr. HOLLINGS, the of S. 488, a bill to amend the Internal of S. 1284, a bill to prohibit employ- name of the Senator from Washington Revenue Code of 1986 to provide for a ment discrimination on the basis of (Ms. CANTWELL) was added as a cospon- refundable education opportunity tax sexual orientation. sor of S. 1447, a bill to improve aviation credit. S. 1286 security, and for other purposes. S. 686 At the request of Mrs. CARNAHAN, the S. 1454 At the request of Mrs. LINCOLN, the names of the Senator from Maine (Ms. At the request of Mrs. CARNAHAN, the name of the Senator from Iowa (Mr. COLLINS) and the Senator from Illinois names of the Senator from Oregon (Mr. HARKIN) was added as a cosponsor of S. (Mr. DURBIN) were added as cosponsors SMITH of Oregon) and the Senator from 686, a bill to amend the Internal Rev- of S. 1286, a bill to provide for greater North Dakota (Mr. DORGAN) were added enue Code of 1986 to provide a credit access to child care services for Fed- as cosponsors of S. 1454, a bill to pro- against tax for energy efficient appli- eral employees. vide assistance for employees who are ances. S. 1339 separated from employment as a result of reductions in service by air carriers, S. 690 At the request of Mr. CAMPBELL, the At the request of Mr. WELLSTONE, the name of the Senator from Georgia (Mr. and closures of airports, caused by terrorist actions or security measures. name of the Senator from Connecticut MILLER) was added as a cosponsor of S. (Mr. DODD) was added as a cosponsor of 1339, a bill to amend the Bring Them S. 1474 S. 690, a bill to amend title XVIII of the Home Alive Act of 2000 to provide an At the request of Mr. HARKIN, the Social Security Act to expand and im- asylum program with regard to Amer- names of the Senator from Idaho (Mr. prove coverage of mental health serv- ican Persian Gulf War POW/MIAs, and CRAIG) and the Senator from Arkansas ices under the medicare program. for other purposes. (Mr. HUTCHINSON) were added as cosponsors of S. 1474, a bill to amend the S. 721 S. 1379 Federal Insecticide, Fungicide, and At the request of Mr. HUTCHINSON, At the request of Mr. KENNEDY, the Rodenticide Act to extend and improve the name of the Senator from South names of the Senator from Oregon (Mr. the collection of maintenance fees, and Dakota (Mr. DASCHLE) was added as a SMITH of Oregon) and the Senator from for other purposes. cosponsor of S. 721, a bill to amend the Maine (Ms. COLLINS) were added as co- S. 1479 Public Health Service Act to establish sponsors of S. 1379, a bill to amend the At the request of Mrs. CARNAHAN, her a Nurse Corps and recruitment and re- Public Health Service Act to establish name was added as a cosponsor of S. tention strategies to address the nurs- an Office of Rare Diseases at the Na- 1479, a bill to require procedures that ing shortage, and for other purposes. tional Institutes of Health, and for ensure the fair and equitable resolution S. 745 other purposes. of labor integration issues in trans- At the request of Mr. LEAHY, the S. 1397 actions for the combination of air car- name of the Senator from Montana At the request of Mr. GRASSLEY, the riers, and for other purposes. (Mr. BAUCUS) was added as a cosponsor name of the Senator from Iowa (Mr. S. 1482 of S. 745, a bill to amend the Child Nu- HARKIN) was added as a cosponsor of S. At the request of Mr. HARKIN, the trition Act of 1966 to promote better 1397, a bill to ensure availability of the name of the Senator from Wyoming nutrition among school children par- mail to transmit shipments of day-old (Mr. THOMAS) was added as a cosponsor ticipating in the school breakfast and poultry. of S. 1482, a bill to consolidate and re- lunch programs. S. 1400 vise the authority of the Secretary of S. 829 At the request of Mr. KYL, the name Agriculture relating to protection of At the request of Mr. BROWNBACK, the of the Senator from New Mexico (Mr. animal health. names of the Senator from Michigan DOMENICI) was added as a cosponsor of S. 1486 (Ms. STABENOW) and the Senator from S. 1400, a bill to amend the Illegal Im- At the request of Mr. JOHNSON, his Louisiana (Ms. LANDRIEU) were added migration Reform and Immigrant Re- name was added as a cosponsor of S.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10390 CONGRESSIONAL RECORD — SENATE October 9, 2001 1486, a bill to ensure that the United (Mr. CORZINE) and the Senator from wedding vows. I am proud to say that States is prepared for an attack using Georgia (Mr. MILLER) were added as co- in this year’s tax relief plan we cor- biological or chemical weapons. sponsors of S. Con. Res. 73, a concur- rected this quirk in the tax code. We S. 1492 rent resolution expressing the profound returned to the commonsense prin- At the request of Mr. GRAMM, the sorrow of Congress for the deaths and ciples that made this country great, names of the Senator from Arizona injuries suffered by first responders as and away from the concept that ‘‘no (Mr. KYL) and the Senator from Utah they endeavored to save innocent peo- good deed goes unpunished.’’ (Mr. HATCH) were added as cosponsors ple in the aftermath of the terrorist at- The marriage penalty relief that was of S. 1492, a bill to amend the Internal tacks on the World Trade Center and passed earlier this year will offer crit- Revenue Code of 1986 to repeal the tax the Pentagon on September 11, 2001. ical relief to our married couples, but relief sunset and to reduce the max- S. CON. RES. 74 unfortunately it will not take place imum capital gains rates for individual At the request of Mr. DURBIN, the immediately. I want to improve this taxpayers, and for other purposes. name of the Senator from Oregon (Mr. timing because when the situation is as S. 1493 WYDEN) was added as a cosponsor of S. ridiculous as the marriage penalty, At the request of Mr. BOND, the name Con. Res. 74, a concurrent resolution that is wrong. There are more than 20 of the Senator from New Mexico (Mr. condemning bigotry and violence million married couples in America DOMENICI) was added as a cosponsor of against Sikh-Americans in the wake of today that pay a penalty just because S. 1493, a bill to forgive interest pay- terrorist attacks in New York City and they got married, a penalty that aver- ments for a 2-year period on certain Washington, D.C. on September 11, ages around $1,400. That is a lot of disaster loans to small business con- 2001. money! Especially when you are just cerns in the aftermath of the terrorist f starting out, $1,400 to a young couple attacks perpetrated against the United could be part of the down payment on States on September 11, 2001, to amend STATEMENTS ON INTRODUCED the new house or the new car for the the Internal Revenue Code of 1986 to BILLS AND JOINT RESOLUTIONS expenses associated with having chil- provide tax relief for small business By Mrs. HUTCHISON (for herself, dren. However, they choose to spend concerns, and for other purposes. Mr. BROWNBACK, Mr. MILLER, that money, or for whatever expenses S. 1499 Mr. SMITH of New Hampshire, they need it for, we want them to be At the request of Mr. KERRY, the Mr. HUTCHINSON, Mr. FITZ- able to make their own choices with name of the Senator from Utah (Mr. GERALD, and Mr. ALLEN): the money they earn. BENNETT) was added as a cosponsor of S. 1513. A bill to amend the Internal And we want them to have the abil- S. 1499, a bill to provide assistance to Revenue Code of 1986 to make marriage ity to do so now, not several years small business concerns adversely im- penalty relief effective immediately in from now. What the bill does that I am pacted by the terrorist attacks per- the 15–percent bracket and the stand- introducing today is that it takes the petrated against the United States on ard deduction; to the Committee on Fi- relief we finally offered in the tax plan September 11, 2001, and for other pur- nance. and makes it effective immediately for poses. Mrs. HUTCHISON. Madam President, the 15 percent bracket and the stand- S. 1503 I rise today to introduce legislation ard deduction. At the request of Mr. ROCKEFELLER, that will build upon the historic Eco- Today, if you take the standard de- the names of the Senator from Con- nomic Growth and Tax Relief Rec- duction when you do your taxes as an necticut (Mr. LIEBERMAN) and the Sen- onciliation Act of 2001 by accelerating individual, you do not get the same ator from South Dakota (Mr. JOHNSON) the marriage penalty tax relief in that amount of deduction if you get mar- were added as cosponsors of S. 1503, a bill and make it effective beginning ried. That is, the standard deduction bill to extend and amend the Pro- next year. I am joined in my effort by does not simply double for couples. moting Safe and Stable Families Pro- Senators BROWNBACK, MILLER, SMITH of Whereas today the standard deduction gram under subpart 2 of part B of title New Hampshire, HUTCHINSON, FITZ- for a single person is $4,550, and for a IV of the Social Security Act, to pro- GERALD, and ALLEN. married couple is $7,600, our tax relief vide the Secretary of Health and Earlier this year we delivered to the bill insisted that married couples re- Human Services with new authority to American people long overdue tax receive a standard deduction that is ex- support programs mentoring children lief. Unfortunately, we did not have the actly double that of the single person, of incarcerated parents, to amend the ability to give married couples the re- or $9,100. Under my bill today, this dou- Foster Care Independent Living Pro- lief from the marriage penalty as soon bling of the standard deduction will gram under part E of title IV of the So- as we would have liked. My bill will occur immediately. cial Security Act to provide for edu- complete this unfinished business by In addition, we addressed the fact cational and training vouchers for treating married couples fairly in the that when most couples marry, the sec- youths aging out of foster care, and for tax code beginning next year. Particu- ond income bumps them up to a higher other purposes. larly now, as the President and Con- tax bracket. Therefore, we decided to S. 1504 gress consider additional tax relief to widen every tax bracket so that a mar- At the request of Mr. DORGAN, the bolster the economy in these difficult ried couple will not have to pay more name of the Senator from Texas (Mrs. times, this legislation would be a in income taxes simply because they go HUTCHISON) was added as a cosponsor of smart option. At times like this, what into a higher bracket when they com- S. 1504, a bill to extend the moratorium better way to help our Nation than by bined incomes. enacted by the Internet Tax Freedom strengthening the building blocks of In this way, a combined income will Act through June 30, 2002. society, our families, by adding to be taxed at the same rate as if it was a S. CON. RES. 66 their budgets through marriage pen- single person making two incomes. For At the request of Mr. STEVENS, the alty relief. example, if each individual in a rela- names of the Senator from Oklahoma Every year for the past four years I tionship is in the 15–percent income (Mr. NICKLES) and the Senator from introduced a bill to eliminate the mar- tax bracket but they get married and Wyoming (Mr. ENZI) were added as co- riage penalty tax as I simply could not their combined incomes now bump sponsors of S. Con. Res. 66, a concur- understand why two single people them into the 30–percent bracket, our rent resolution to express the sense of should be thrown into a higher tax tax relief means that they will effec- the Congress that the Public Safety Of- bracket and pay more in taxes simply tively remain in the 15 percent brack- ficer Medal of Valor should be awarded because they got married. Not because et. to public safety officers killed in the of a promotion, not because of a raise, This is critically important, espe- line of duty in the aftermath of the ter- but because they got married! This cially to those who are at the lower in- rorist attacks of September 11, 2001. year, we finally told all Americans come rates and for whom jumping from S. CON. RES. 73 that they do not have to choose be- the 15 percent bracket to the next one At the request of Mr. NICKLES, the tween love and money, that they could make all the difference in their names of the Senator from New Jersey should not be penalized for exchanging budget. Our earlier legislation widens

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10391 the 15–percent bracket by $9,000 for ferent screening systems for all sorts of There being no objection, the bill was married couples. My bill today will ac- aircraft, used for all sorts of purposes ordered to be printed in the RECORD, as celerate this relief by making this and boarding and deplaning at airports follows: change now, thereby eliminating the with a wide variety of experience in se- S. 1515 marriage penalty for those couples who curity. Be it enacted by the Senate and House of Rep- are in the 15 percent bracket. Second, the legislation recognizes resentatives of the United States of America in Earlier this year a bipartisan major- the time consuming and difficult task Congress assembled, ity agreed that it is very important of putting together a security program SECTION 1. ENHANCED SECURITY FOR AIR- that we relieve the pressure on the for smaller aircraft, many of which op- CRAFT. (a) SECURITY FOR LARGER AIRCRAFT.— more than 20 million American couples erate out of very small airports with- (1) PROGRAM REQUIRED.—Not later than 90 who pay the marriage penalty tax. We out any security in place currently. days after the date of the enactment of this all agreed then that this is wrong, and And third, and perhaps most impor- Act, the Administrator of the Federal Avia- must be changed. Today, we have the tantly, the legislation addresses the tion Administration shall commence imple- chance to put our money where our immediate threat of a near term repeat mentation of a program to provide security mouth is and offer help to struggling terrorist attack. screening for all aircraft operations con- couples now. I call upon my colleagues To achieve these goals, this legisla- ducted with respect to any aircraft having a to join in this effort to provide this im- tion requires the FAA Administrator maximum certified takeoff weight of more mediate assistance to the working fam- to issue a security screening program than 12,500 pounds that is not operating as of the date of the implementation of the pro- ilies of America. for all aircraft operations with an aircraft that weighs more than 12,500 gram under security procedures prescribed by the Administrator. By Mr. KOHL: pounds. That means every operator of S. 1515. A bill to provide for enhanced (2) WAIVER.— an aircraft that takes-off in this coun- (A) AUTHORITY TO WAIVE.—The Adminis- security with respect to aircraft; to the try with more than approximately 15 trator may waive the applicability of the Committee on Commerce, Science, and seats will be subject to new security program under paragraph (1) with respect to Transportation. measures. To address the varying types any aircraft or class of aircraft otherwise de- Mr. KOHL. Madam President, I rise of aircraft and aircraft operations, the scribed by that paragraph if the Adminis- this afternoon to introduce the ‘‘Safe Administrator will have the authority trator determines that aircraft described in Ground through Safe Skies Act of to waive this new requirement in cases that paragraph can be operated safely with- 2001.’’ This legislation strengthens se- reviewed and approved by the Adminis- out the applicability of the program to such aircraft or class of aircraft, as the case may curity measures for those aircraft that trator and Congress. are currently not required to comply be. For those aircraft weighing less than (B) LIMITATIONS.—A waiver under subpara- with an FAA approved security pro- 12,500 pounds, this legislation requires graph (A) may not go into effect— gram. The events of September 11 have the Secretary of Transportation to re- (i) unless approved by the Secretary of shown us a new reality, that our airport to Congress, within 6 months of Transportation; and craft can be used as lethal weapons enactment, recommendations on how (ii) until 10 days after the date on which against innocent civilians on the to improve security for general avia- notice of the waiver has been submitted to ground. tion. Within one year of enactment, the appropriate committees of Congress. I applaud the FAA, the Administra- the Administrator must turn that re- (3) PROGRAM ELEMENTS.—The program tion, and Congress for quickly moving under paragraph (1) shall require the fol- port into an actual program. lowing: to address this threat as it applies to Finally, effective immediately upon commercial aircraft. With the new se- (A) The search of any aircraft covered by enactment, this legislation requires the program before takeoff. curity measures put in place by S. 1447, aliens and persons identified by the (B) The screening of all crew members, pas- I am certain we will not again see a Secretary of Transportation to undergo sengers, and other persons boarding any air- commercial common carrier be hi- a background check before buying, craft covered by the program, and their prop- jacked and turned into a bomb. How- leasing, or chartering any aircraft. erty to be brought on board such aircraft, be- ever, the proposals under consideration This provision would expire as the Ad- fore boarding. today do nothing to stop other aircraft, ministrator issues security rules for (4) PROCEDURES FOR SEARCHES AND SCREEN- such as chartered planes, leased planes, each class of aircraft. ING.—The Administrator shall develop proce- and cargo planes, from being hijacked Though this final step may seem ex- dures for searches and screenings under the and crashed into buildings or land- program under paragraph (1). Such proce- treme, it is a quick and simple way to dures may not be implemented until ap- marks. immediately protect our entire aircraft proved by the Secretary. I believe many of my colleagues fleet from capture and use as a weapon. (b) SECURITY FOR SMALLER AIRCRAFT.— would be surprised to learn that, for The section is designed to mirror the (1) PROGRAM REQUIRED.—Not later than one purposes of security, these aircraft are requirements for background checks year after the date of the enactment of this virtually unregulated. The protection for aliens and others seeking flight Act, the Administrator shall commence im- of these aircraft, some as big or bigger school training already agreed to in S. plementation of a program to provide secu- than those used in the September 11 at- 1447. If we need to protect ourselves rity for all aircraft operations conducted tack, is left to the private sector own- with respect to any aircraft having a max- from terrorists seeking flight school imum certified takeoff weight of 12,500 ers and operators, an approach we now training in the future, we have an pounds or less that is not operating as of the reject for commercial common car- equal, if not greater need to protect date of the implementation of the program riers. our aircraft from terrorists who may under security procedures prescribed by the As the Senate continues to work on have already received their flight Administrator. The program shall address legislation to enhance security meas- training. security with respect to crew members, pas- ures for commercial common carriers, Current policy falls short of the level sengers, baggage handlers, maintenance it is vital that we address the gaping of protection that the American people workers, and other individuals with access to hole in our security as it relates to cur- require and deserve. Any comprehen- aircraft covered by the program, and to baggage. rently unregulated aircraft. It would be sive airline safety legislation must in- (2) REPORT ON PROGRAM.—Not later than criminally negligent to pass an Avia- clude all types of aircraft conducting 180 days after the date of the enactment of tion Security Act that leaves thou- operations in our sky. While not plac- this Act, the Secretary shall submit to the sands of aircraft still unprotected from ing a heavy burden on the FAA or the appropriate committees of Congress a report those terrorists who would turn our general aviation industry, the Safe containing a proposal for the program to be own planes into weapons of mass de- Ground through Safe Skies Act pro- implemented under paragraph (1). struction. tects our airline passengers and those (c) BACKGROUND CHECKS FOR ALIENS EN- The Safe Ground through Safe Skies of us on the ground by reducing the GAGED IN CERTAIN TRANSACTIONS REGARDING AIRCRAFT.— Act is an attempt to address this dif- likelihood of another attack from the (1) REQUIREMENT.—Notwithstanding any ficult problem. It is based on three skies. other provision of law and subject to para- goals: I ask unanimous consent that the graph (3), no person or entity may sell, lease, First, the legislation seeks to main- text of the bill be printed in the or charter any aircraft to an alien, or any tain the FAA’s flexibility to design dif- RECORD. other individual specified by the Secretary

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10392 CONGRESSIONAL RECORD — SENATE October 9, 2001 for purposes of this subsection, within the maritan Volunteer Firefighter Assist- H.R. 7, the Community Solutions Act, United States unless the Attorney General ance Act, H.R. 1919, which has 63 bipar- in July of 2001. issues a certification of the completion of a tisan cosponsors in the House of Rep- Volunteers comprise 74 percent of background investigation of the alien, or resentatives. It is also supported by the firefighters in the United States. Of the other individual, as the case may be, that total estimated 1,082,500 volunteer and meets the requirements of paragraph (2). National Volunteer Fire Council, the paid firefighters across the country, (2) BACKGROUND INVESTIGATION.—A back- Firemen’s Association of the State of ground investigation or an alien or indi- New York, and a former director of the 804,200 are volunteer. Of the total 31,114 vidual under this subsection shall consist of Federal Emergency Management Agen- fire departments in the country, 22,636 the following: cy, FEMA, James Lee Witt. are all volunteer; 4,848 are mostly vol- (A) A determination whether or not there The Good Samaritan Volunteer Fire- unteer; 1,602 are mostly career; and is a record of a criminal history for the alien fighter Assistance Act of 2001 is mod- 2,028 are all career. In 1998, 54 of the 91 or individual, as the case may be, and, if so, eled after a bill passed by the Texas firefighters who died in the line of duty a review of the record. state legislature in 1997 and signed into were volunteers. (B) In the case of an alien, a determination law by then-Governor George W. Bush. This legislation provides a common- of the status of the alien under the immigra- sense incentive for additional contribution laws of the United States. Now companies in Texas can donate (C) A determination whether the alien or surplus equipment to the Texas Forest tions to volunteer fire departments individual, as the case may be, presents a Service, which then certifies the equip- around the country and would make it risk to the national security of the United ment and passes it on to volunteer fire more attractive for corporations to States. departments that are in need. The do- give equipment to fire departments in (3) EXPIRATION.—The prohibition in para- nated equipment must meet all origi- the other States. At this time when all graph (1) shall expire as follows: nal specifications before it can be sent of America has witnessed the heroic (A) In the case of an aircraft having a max- to volunteer departments. The Texas acts of selflessness and sacrifice of fire- imum certified takeoff weight of more than program has already received more fighters in New York City and in the 12,500 pounds, upon implementation of the Washington, D.C. area, I urge my col- program required by subsection (a). then $6 million worth of equipment for (B) In the case of an aircraft having a max- volunteer fire departments. Arizona, leagues to join me in supporting this imum certified takeoff weight of 12,500 Missouri, Indiana, and South Carolina incentive for the provision of addi- pounds or less, upon implementation of the have passed similar legislation at the tional safety equipment for volunteer program required by subsection (b). State level. The legislation saves tax- firefighters who put their lives on the (4) ALIEN DEFINED.—In this subsection, the payer dollars by encouraging donations line every day throughout this great term ‘‘alien’’ has the meaning given that thereby reducing the taxpayers’ burden Nation. term in section 101(a)(3) of the Immigration of purchasing expensive equipment for and Nationality Act (8 U.S.C. 1101(a)(3)). By Mr. SPECTER: (d) APPROPRIATE COMMITTEES OF CONGRESS volunteer fire departments. S. 1517. A bill to amend titles 10 and This bill does not cost taxpayer dol- DEFINED.—In this section, the term ‘‘appro- 38, United States Code, to enhance the lars nor does it create additional bu- priate committees of Congress’’ means— Montgomery GI bill, and for other pur- (1) the Committee on Commerce, Science, reaucracies to inspect equipment. The poses; to the Committee on Veterans’ and Transportation of the Senate; and bill gets rid of unnecessary inspection Affairs. (2) the Committee on Commerce of the bureaucracies, whether they are State House of Representatives. Mr. SPECTER. Madam President, I run or a manufacturer’s technician. have sought recognition to comment By Mr. SANTORUM: This is for three reasons. First, bu- on legislation I am introducing today S. 1516. A bill to remove civil liabil- reaucracies are not necessary for in- to put into effect several recommenda- ity barriers that discourage the dona- spections because the fire chiefs make tions made by the United States Com- tion of fire equipment to volunteer fire the inspections themselves. Second, mission on National Security/21st cen- companies; to the Committee on the some of the State bureaucracies con- tury relative to Montgomery GI bill, Judiciary. trol who gets the equipment. These do- MGIB, educational assistance benefits Mr. SANTORUM. Madam President, I nations are private property trans- administered by the Department of rise today to introduce the Good Sa- actions, not a good that is donated to Veterans Affairs, VA. The Commission, maritan Volunteer Firefighter Assist- the State, allowing the State to pick co-chaired by former Senators Gary ance Act of 2001. On September 11, the who will get the equipment. Third, Hart and Warren Rudman, was tasked Nation witnessed the tragic loss of there is no desire to create the tempta- with reexamining U.S. national secu- hundreds of heroic firefighters. Amaz- tion for waste, fraud, and abuse in a rity policies and processes, and making ingly, every year quality firefighting State bureaucracy in charge of picking recommendations on how the United equipment worth millions of dollars is the winners and losers. States could best ensure the safety of wasted. In order to avoid civil liability The bill reflects the purpose of the its citizenry against emerging national lawsuits, heavy industry and wealthier Texas state law. Federally, precedent security threats. Sadly, one of the fire departments destroy surplus equip- for similar measures includes the Bill emerging threats anticipated by the ment, including hoses, fire trucks, pro- Emerson Good Samaritan Food Act, Commission, the threat of state or tective gear and breathing apparatus, Public Law 104–210, named for the last group-sponsored terrorism, was real- instead of donating it to volunteer fire Representative Bill Emerson, which en- ized on September 11, 2001. departments. The basic purpose of the courages restaurants, hotels and busi- Our Armed Forces, the best in the bill is to induce donations of surplus nesses to donate millions of dollars world, have now engaged the enemy, firefighting equipment by reducing the worth of food. The Volunteer Protec- and we rely on these dedicated men and threat of civil liability for organization Act of 1997, Public Law 105–101, women in service to sacrifice their tions, most commonly heavy industry, also immunizes individuals who do vol- lives, if necessary, to defend liberty and individuals who wish to make unteer work for non-profit organiza- and secure justice. The Nation must re- these donations. The bill eliminates tions or governmental entities from li- ciprocate by assuring that the benefits civil liability barriers to donations of ability for ordinary negligence in the provided to service members during, surplus firefighting equipment by rais- course of their volunteer work. I have and after, their service measure up to ing the liability standard for donors also previously introduced three Good the grave responsibilities entrusted to from ‘‘negligence’’ to ‘‘gross neg- Samaritan measures in the 106th Con- them. The Hart-Rudman Commission ligence.’’ gress, S. 843, S. 844 and S. 845. These understood that, and, consistent with The legislation is modeled after leg- provisions were also included in a that understanding, the Commission islation passed into law in Texas in broader charitable package in S. 997, recommended specific improvements in 1997 which has resulted in an additional the Charity Empowerment Act, to pro- veterans’ educational assistance bene- $6 million of equipment donations from vide additional incentives for corporate fits to assure that the armed forces are companies and other fire departments in-kind charitable contributions for able to attract, and retain, highly for volunteer departments which may motor vehicle, aircraft, and facility qualified, dedicated service members. not be as well equipped. Representative use. The same provision passed the The Commission made, in total, CASTLE has introduced the Good Sa- House of Representatives as part of seven recommendations on how MGIB

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10393 benefits could be enhanced. It rec- they have families back home and that, years active duty in a contingency op- ommended that the MGIB monthly rather than paying for their own edu- eration, their benefit amount would be benefit be increased and indexed to the cation, they needed funds to pay for the same, currently, $650 per month, as average education costs at four-year their children’s education. At the very that afforded to service members who public colleges. It recommended, fur- least, the idea needs to be further con- have served a three year enlistment. In ther, that the payment of benefits be sidered. I am aware that Senator this national emergency, it is time to accelerated to the beginning of a stu- CLELAND has been working on a con- recognize the sacrifices made by re- dent’s school term. The Commission cept which is similar, but not identical servists called to active duty by in- recommended, in addition, that MGIB to, this provision. I would like to work creasing their benefits commensurate benefits be made available to students with Senator CLELAND on this impor- with time served on active duty. taking technical training courses. Fur- tant issue. One of the Hart-Rudman Commis- ther, it recommended the repeal of the Section 4 of my bill would allow sion’s recommendations, that an Office requirement that service members former service members 20 years after of Homeland Security be created to co- make contributions totaling $1200 in discharge, rather than 10 years, as is ordinate the Federal government’s order to ‘‘buy’’ eligibility for MGIB specified in current law, to utilize their counterterrorism efforts, has already benefits. It recommended, in addition, MGIB benefits. I understand that, his- been embraced the President. Governor that potential beneficiaries be given 20 torically, MGIB benefits are intended Tom Ridge of Pennsylvania, who was years after discharge from the service, to assist in the transition to civilian just sworn in yesterday, will, I am not just 10 years, as is currently speci- status, so that economic opportunities sure, serve with great distinction as fied by law, to make use of their MGIB lost due to temporary military service head of that office. We need to address benefits. It also recommended that can be ameliorated upon transition more of the Commission’s rec- service members with 15 years of serv- back to civilian life. This concept may ommendations, including those that ice or more be entitled to transfer their have been useful when most departing would enhance national security by entitlement to MGIB benefits to their service members were single persons making the military a more competi- spouse or dependent children. Finally, with no family or financial obligations tive employer so it can attract and re- the Commission recommended that preventing the use of education bene- tain quality people. Beyond that, we MGIB benefits made available to Re- fits very quickly after discharge. Many need to let our fighting men and serves called to serve in overseas con- former service members, however, are women know that we value their serv- tingency operations be increased on a married and have children and, with ice by providing them with the tools to sliding scale basis. these obligations, often find it difficult succeed upon completion of their mili- The Senate Committee on Veterans’ to return to school immediately after tary careers. This legislation would ac- Affairs, a Committee on which I serve separation from service. In addition, complish those purposes. I urge my col- as ranking minority member, has con- today’s rapidly-changing economy leagues to support this effort. sidered, and moved favorably on, the demonstrates that the skills which em- By Mr. BOND (for himself, Mr. first three Commission recommenda- ployers demand today may change to- CONRAD, and Ms. SNOWE): tions listed above; legislation which morrow. Extending the MGIB ‘‘delim- S. 1518. A bill to improve procedures would, in whole or in part, accomplish iting date’’ would encourage ‘‘lifetime with respect to the admission to, and these recommendations will soon be learning’’ and enable veterans to keep departure from, the United States of before the Senate. The committee has their skills current. aliens; to the Committee on the Judici- not, however, acted on the final four Finally, section 5 of my bill would ary. recommendations of the Commission, enable members of the Selected Re- Mr. BOND. Madam President, among mainly because those proposals were serve who are called to active duty as the many things that makes our coun- not before the committee. It is my part of a ‘‘contingency operation,’’ try great is the freedom we possess to hope that by introducing this legisla- such as the operations to which Re- move about the country and exit and tion, I will assure that the committee serves are now being called, to be eligi- return to our country as we desire. continues its consideration of MGIB ble for increased MGIB benefits if they Being a great Nation that believes improvements in the months ahead. serve in such an operation for more strongly in that freedom and that has To summarize the bill briefly, sec- than one year. Currently, those who paid a tremendous price in defending tion 2 of my bill would eliminate the enlist for a six year reserve commit- that freedom, we like it to be on dis- $1,200 pay reduction currently required ment are eligible for $251 per month in play to the rest of the world and we of service members during their first 12 education benefits, whether or not they continually and generously open our months of active duty as a pre- are called to active duty. It would seem doors to others. We as a Nation benefit condition to eligibility for MGIB bene- to me that Reserves who are activated, from foreign visitors coming to the fits. The Hart-Rudman Commission is especially during times of conflict or United States and other countries ben- not alone in recommending the repeal war, bear close resemblance to individ- efit when their citizens visit this coun- of this requirement. In 1999, the Com- uals who are serving an active duty entry, whether it be to study at our mission on Service Members and Vet- listment, and so too should the edu- schools and universities, learn at our erans Transition Assistance, a commis- cational benefits made available to institutions, use our medical facilities, sion headed by the current Secretary of such persons. Therefore, my legislation do business with our dynamic private Veterans Affairs, the Honorable An- would provide that, in cases where a sector or visit our great cities and thony J. Principi, made the same rec- member of the Selected Reserves parks. ommendation. It surely can be argued serves one year in a contingency oper- However, on September 11, this great with considerable force that service ation, his or her education benefit Nation endured a terrible tragedy, per- members, who are asked to risk life would be adjusted to the half-way point petrated by individuals who entered and limb in service to the Nation, between the benefit afforded to a Re- this country legally, as guests, on a should not be asked, in addition, to serve Member under current law, now, visa. Nineteen people who were in this contribute a portion of their pay, while $251 per month, and that provided to country on travel, work and student in service, to ‘‘earn’’ eligibility for vet- service members who have served two visas carried out the most deadly at- erans’ educational assistance benefits. years active duty, currently, $528 per tack ever on our soil. Three of those Section 3 of this legislation would month. In cases involving members of people had stayed beyond the expira- allow service members with at least 15 the Selected Reserves who serve two tion of their visa. As the investigation years of active duty to transfer their years of active service in a contingency of the Attorney General proceeds, entitlement to MGIB benefits to their operation, the amount of educational many others have been detained. Ini- spouses or dependent children. This assistance afforded to them would be tial reports indicated that a large num- past January, I met with some of our the same as that which is provided to ber of these people were in this country troops stationed in Bosnia who ex- veterans who had served two years of on expired visas and I suspect we will pressed considerable interest in this active duty, currently, $528 per month. find that a large number of those in- idea. Many of them mentioned that And for those who have served three volved in the planning of the attack

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10394 CONGRESSIONAL RECORD — SENATE October 9, 2001 were in the United States on expired visa holders to report to the INS if that gration and Nationality Act (8 U.S.C. 1105) is visas. person leaves or is terminated from amended— At this time, the only system in their job. (1) in the section heading, by inserting ‘‘; place to track the entry and exit of These are all reasonable proposals DATA EXCHANGE’’ after ‘‘SECURITY OFFICERS’’; visa holders is antiquated and com- (2) by inserting ‘‘(a)’’ after ‘‘SEC. 105.’’; that will not impact commerce, travel (3) in subsection (a), by inserting ‘‘and bor- pletely inadequate. The government and relationships with friendly coun- der’’ after ‘‘internal’’ the second place it ap- has little ability to track those who tries. It will also begin the process of pears; and have entered the United States and to having an accurate picture of who has (4) by adding at the end the following: be notified if they violate the terms of entered the country and who has de- ‘‘(b) The Attorney General and the Direc- their visa. As there are approximately parted. It is one of many steps that tor of the Federal Bureau of Investigation 300 million immigrants and visitors needs to be taken to avoid further ter- shall provide the Department of State access that enter this country every year, get- rorist attacks. I look forward to work- to the criminal history record information ting a handle on this problem will not contained in the National Crime Information ing with my colleagues to implement Center’s Interstate Identification Index be simple. However, we must know if this legislation. (NCIC-III), Wanted Persons File, and to any those who enter the United States to I ask unanimous consent that the other files maintained by the National Crime study arrive and attend school, if those text of the bill be printed in the Information Center that may be mutually who come her to work are at their jobs, RECORD. agreed upon by the Attorney General and the if those who come here to do business There being no objection, the bill was Department of State, for the purpose of de- do their business and return home and ordered to be printed in the RECORD, as termining whether or not a visa applicant or if those who we admit into the United follows: applicant for admission has a criminal history record indexed in any such file. The De- States to vacation return home at the S. 1518 partment of State shall merge the informa- end of their time in the United States. Be it enacted by the Senate and House of Rep- tion obtained under this subsection with the We should strive to keep our borders resentatives of the United States of America in information in the system currently open, to keep commerce flowing freely Congress assembled, accessed by consular officers to determine and not let the terrorist attack disrupt SECTION 1. SHORT TITLE. the criminal history records of aliens apply- our relations with our good neighbors This Act may be cited as the ‘‘Visa Integ- ing for visas.’’. and other friends. But at the same rity and Security Act of 2001’’. (c) REGULAR REPORTING.—The Director of time, we must have a better idea of SEC. 2. SENSE OF THE CONGRESS REGARDING Central Intelligence, the Secretary of De- THE NEED TO EXPEDITE IMPLEMEN- who is entering this country, catch and fense, the Commissioner of Immigration and TATION OF INTEGRATED ENTRY AND Naturalization, and the Director of the Fed- screen out those who may pose a threat EXIT DATA SYSTEM. eral Bureau of Investigation shall provide in- and know who has violated the terms (a) SENSE OF CONGRESS.—In light of the formation to the Secretary of State on a reg- of their visa and remained in the terrorist attacks perpetrated against the ular basis as agreed by the Secretary and the United States beyond the expiration United States on September 11, 2001, it is the head of each of these agencies that will as- date. sense of the Congress that— sist the Secretary in determining if an appli- (1) the Attorney General should fully im- cant for a visa has a criminal background or I would like to acknowledge and plement the integrated entry and exit data thank my colleagues KENT CONRAD and poses a threat to the national security of the system for airports, seaports, and land bor- United States or is affiliated with a group OLYMPIA SNOWE for their assistance der ports of entry, as specified in section 110 that poses such a threat. and valuable input on this legislation. of the Illegal Immigration Reform and Immi- (d) REPORT ON SCREENING INFORMATION.— Specifically, this bill calls for the im- grant Responsibility Act of 1996, as amended Not later than 6 months after the date of en- provement of the information received by the Immigration and Naturalization Serv- actment of this Act, the Secretary of State by the Department of State for check- ice Data Management Improvement Act of shall submit a report to Congress on the in- ing the backgrounds of visa applicants. 2000 (Public Law 106–215), with all deliberate formation that is needed from any United It calls on law enforcement and intel- speed and as expeditiously as practicable; States agency to best screen visa applicants and ligence agencies to share regularly in- to identify those affiliated with terrorist or- (2) the Attorney General, in consultation ganizations or those that pose any threat to formation that will be useful to the with the Secretary of State, the Secretary of State Department in identifying those the safety or security of the United States, Commerce, and the Secretary of the Treas- including the type of information currently who pose any type of threat to the se- ury, should immediately begin establishing received by United States agencies and the curity or people of this country. the Integrated Entry and Exit Data System regularity with which such information is This bill calls for the improvement Task Force, as described in section 3 of the transmitted to the Secretary. Immigration and Naturalization Service and implementation of the system to SEC. 5. STUDENT TRACKING SYSTEM. track foreign students. Including a re- Data Management Improvement Act of 2000 (Public Law 106–215). (a) INTEGRATION WITH PORT OF ENTRY IN- quirement that universities notify the FORMATION.—For each alien with respect to SEC. 3. ENTRY-EXIT TRACKING SYSTEM. INS when foreign students do not show whom information is collected under this (a) DEVELOPMENT OF THE SYSTEM.—In the section, the Attorney General shall include up for school, as Hani Hanjour failed to development of the entry-exit tracking sys- information on the date of entry, port of do before participating in the attack tem, as described in the preceeding section, entry, and nonimmigrant classification. on the World Trade Center. the Attorney General shall particularly (b) EXPANSION OF SYSTEM TO INCLUDE It is time to begin the roll of the In- focus— OTHER APPROVED EDUCATIONAL INSTITU- tegrated Entry and Exit Tracking sys- (1) on the utilization of biometric tech- TIONS.—Section 641 of the Illegal Immigra- nology, including, but not limited to, elec- tem called for in legislation passed five tion Reform and Immigrant Responsibility tronic fingerprinting, face recognition, and years ago to record the entry of visa Act of 1996 (8 U.S.C.1372) is amended— retinal scan technology; and holders, record their exit and notify (1) in subsection (a)(1), subsection (c)(4)(A), (2) on developing a tamper-proof identifica- and subsection (d)(1) (in the text above sub- the INS and law enforcement agencies tion, readable at ports of entry as a part of paragraph (A)), by inserting ‘‘, other ap- of the identity of anyone overstaying any nonimmigrant visa issued by the Sec- proved educational institutions,’’ after their visa. This system should also uti- retary of State. ‘‘higher education’’ each place it appears; lize the latest technology, including (b) INTEGRATION WITH LAW ENFORCEMENT (2) in subsections (c)(1)(C), (c)(1)(D), and DATABASES.—The entry and exit data system biometrics, to ensure that visas cannot (d)(1)(A), by inserting ‘‘, or other approved described in this section shall be able to be be tampered with or stolen. Finally, it educational institution,’’ after ‘‘higher edu- integrated with law enforcement databases is time for the members of the task cation’’ each place it appears; for use by State and Federal law enforce- force to be appointed, including the Di- (3) in subsections (d)(2), (e)(1), and (e)(2), by ment to identify and detain individuals in inserting ‘‘, other approved educational in- rector of Homeland Security, so that the United States after the expiration of stitution,’’ after ‘‘higher education’’ each the issues surrounding this system can their visa. be settled. place it appears; and SEC. 4. ACCESS BY THE DEPARTMENT OF STATE (4) in subsection (h), by adding at the end The bill also calls for the tightening TO CERTAIN IDENTIFYING INFORMA- the following new paragraph: of the Visa Waiver Pilot program to en- TION IN THE CRIMINAL HISTORY ‘‘(3) OTHER APPROVED EDUCATIONAL INSTITU- sure that passports for participating RECORDS OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO TION.—The term ‘other approved educational countries are not stolen or defaced by THE UNITED STATES. institution’ includes any air flight school, those trying to sneak into the country. (a) AMENDMENT OF THE IMMIGRATION AND language training school, vocational school, It also calls for those employing work NATIONALITY ACT.—Section 105 of the Immi- or other school, approved by the Attorney

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10395 General, in consultation with the Secretary and NELSON today as we introduce leg- law referred to in subparagraph (B) of that of Education, under subparagraph (F), (J), or islation in support of those men and section; and (M) of section 101(a)(15) of the Immigration women who voluntarily leave their ‘‘(B) a member of the National Guard of a and Nationality Act.’’. communities, leave their jobs, and State not in Federal service who is ordered (c) EXPANSION OF SYSTEM TO INCLUDE ADDI- to duty under the laws of the State in sup- TIONAL INFORMATION.—Section 641(b) of the leave their families to serve our coun- port of any operation to protect persons or Illegal Immigration Reform and Immigrant try. In the past few weeks, thousands property from an act of terrorism or a threat Responsibility Act of 1996 (8 U.S.C.1372(b)), as of men and women have been called to of attack by a hostile force during the period amended by subsection (a), is further amend- duty as reservists and members of the of a national emergency declared by the ed— National Guard. Many of these people President or Congress on or after September (1) by redesignating subparagraphs (B), (C), have volunteered to leave their farms 11, 2001. and (D) of paragraph (1) as subparagraphs to respond to the call. Some of these ‘‘(2) ELIGIBLE PERSON.—The term ‘eligible (C), (D), and (E), respectively; people borrow money from the USDA person’ means— (2) by inserting after subparagraph (A) the ‘‘(A) an activated reservist who owns or op- following: to sustain their farms. Because these erates a farm or ranch; ‘‘(B) the name of any dependent spouse, reservists and members of the National ‘‘(B) an owner or operator of the farm or child, or other family member accompanying Guard have been called up, they may ranch who is a member of the family of the the alien student to the United States;’’; and find it difficult to continue to meet the activated reservist; and (3) in paragraph (1)(D) (as so redesignated), terms of these loans. The bill offered ‘‘(C) an owner or operator of a farm or by inserting after ‘‘maintaining status as a today would alleviate some of the fi- ranch on which an activated reservist is em- full-time student’’ the following: ‘‘and, if the nancial stress caused by the activation. ployed. alien is not maintaining such status, the The bill directs the USDA to use its ‘‘(b) PROGRAM.—The Secretary shall estab- date on which the alien has concluded the lending authority to minimize the fi- lish a program to provide assistance to any alien’s course of study and the reason there- borrower of a farmer program loan who is an for’’; and nancial impact of a reservist being ac- eligible person. (4) by adding at the end the following new tivated. The Secretary of Agriculture ‘‘(c) MODIFICATION OF LOAN TERMS.—The paragraph: is directed to take actions to help keep Secretary shall modify the terms and condi- ‘‘(5) INFORMATION ON FAILURE TO COMMENCE the farm of an activated reservist in tions of a farmer program loan (including a STUDIES.—Each approved institution of high- operation, including deferring sched- loan in which any participant in the loan is er education, other approved educational in- uled payments, reducing interest rates, an eligible person) made to an eligible person stitution, or designated exchange visitor pro- reamortizing or consolidating loans, or for a farm or ranch under this title, or pur- gram shall inform the Attorney General taking other restructuring actions. chased under section 309B, to the extent nec- within 30 days if an alien described in sub- essary, as determined by the Secretary, to section (a)(1) who is scheduled to attend the The bill also provides the USDA new alleviate conditions of distress related to the institution or program fails to do so. The At- authority to provide emergency loan activation of the activated reservist and to torney General shall ensure that information assistance to farms financially injured assist in maintaining the farm or ranch for received under this paragraph is included in because of the activation of a reservist. such period of time as the Secretary deter- the National Crime Information Center’s I thank Senator KERRY for this idea. mines is fair and equitable. Interstate Identification Index.’’. He introduced legislation in 1999, of ‘‘(d) DEBT RESTRUCTURING.—The Secretary SEC. 6. STRENGTHENING VISA WAIVER PILOT which I was a cosponsor, that provided may modify farmer program loans, including PROGRAM. similar relief to borrowers from the delinquent loans, by deferring principal or Section 217(c)(2) of the Immigration and interest scheduled payments, reducing inter- Nationality Act (8 U.S.C. 1187(c)(2)) is Small Business Administration who are called up. Just as small businesses est rates or accumulated interest charges, amended by adding at the end the following: reamortizing or consolidating loans, reduc- ‘‘(D) TAMPER PROOF PASSPORT.—The coun- can be greatly affected by the absence ing the amount of scheduled principal or in- try employs a tamper-proof passport, has es- of one person, farms many times rely terest payments, releasing additional in- tablished a program to reduce the theft of entirely on the labor and ingenuity of come, reducing collateral requirements, or passports, and has experienced during the just one or two key people. taking any other restructuring actions de- preceding two-year period a low rate of theft At this time, when these men and termined appropriate by the Secretary, to al- of passports, as determined by the Secretary women are sacrificing so much, the leviate conditions of distress related to the of State.’’. least we can do is alleviate the finan- activation of the activated reservist and to SEC. 7. REPORTING REQUIREMENT REGARDING cial strain at home caused by their assist in maintaining the farm or ranch for H–1B NONIMMIGRANT ALIENS. such period of time as the Secretary deter- (a) REQUIREMENT.—Not later than 14 days willingness to serve. By enacting this mines is fair and equitable. after the employment of a nonimmigrant modest measure, we can help lift wor- ‘‘(e) EMERGENCY LOANS.— alien described in section 101(a)(15)(H)(i)(b) of ries about the farm at home from the ‘‘(1) IN GENERAL.—The Secretary shall the Immigration and Nationality Act is ter- minds of the individuals and families make an emergency loan under subtitle C to minated by an employer, the employer shall directly affected by activation. an eligible person for a farm or ranch that so report to the Attorney General, together Madam President, I ask unanimous has suffered, or that is likely to suffer, sub- with the reasons for the termination. consent that the bill be printed in the stantial economic injury as the result of the (b) PENALTY.—Any employer who fails to activation of an activated reservist, as deter- make a report required under subsection (a) RECORD. There being no objection, the bill was mined by the Secretary. shall be ineligible to employ any non- ‘‘(2) ADMINISTRATION.— ordered to be printed in the RECORD, as immigrant alien described in that subsection ‘‘(A) IN GENERAL.—Except as provided in for a period of one year. follows: subparagraph (B), an emergency loan made S. 1519 under this subsection shall be made under By Mr. HARKIN (for himself, Mr. Be it enacted by the Senate and House of Rep- the terms and conditions of subtitle C. LUGAR, Mr. KERRY, Mr. CRAPO, resentatives of the United States of America in ‘‘(B) EXCEPTIONS.—An emergency loan Mr. MCCONNELL, Mr. HELMS, Congress assembled, made under this subsection shall not be sub- Mr. DAYTON, Mr. LEAHY, Mr. SECTION 1. FARM CREDIT ASSISTANCE FOR ACTI- ject to— HUTCHINSON, Mr. MILLER, Mrs. VATED RESERVISTS. ‘‘(i) the requirements of section 321(a) for a Subtitle D of the Consolidated Farm and finding by the Secretary that the applicants’ LINCOLN, Mr. BAUCUS, Mr. ROB- Rural Development Act (7 U.S.C. 1981 et seq.) farming, ranching, or aquaculture operations ERTS, Mr. CONRAD, and Mr. NEL- is amended by adding at the end the fol- have been substantially affected by a natural SON of Nebraska): lowing: disaster in the United States or by a major S. 1519. A bill to amend the Consoli- ‘‘SEC. 376. FARM CREDIT ASSISTANCE FOR ACTI- disaster or emergency designated by the dated Farm and Rural Development VATED RESERVISTS. President; Act to provide farm credit assistance ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) section 321(b); or for activated reservists; to the Com- ‘‘(1) ACTIVATED RESERVIST.—The term ‘ac- ‘‘(iii) any other requirement of subtitle C mittee on Agriculture, Nutrition, and tivated reservist’ means— that the Secretary waives to carry out this Forestry. ‘‘(A) a member of a reserve component of subsection. Mr. HARKIN. Madam President, I am any of the Armed Forces of the United ‘‘(3) PERIOD OF ELIGIBILITY.—To obtain an States who is serving on active duty in sup- emergency loan under this subsection, an eli- proud to be joined by Senators LUGAR, port of a contingency operation (as defined gible person shall apply for the emergency KERRY, CRAPO, MCCONNELL, HELMS, in section 101(a)(13) of title 10, United States loan during the period— DAYTON, LEAHY, HUTCHINSON, MILLER, Code) pursuant to a call or order issued on or ‘‘(A) beginning on the date on which the LINCOLN, BAUCUS, ROBERTS, CONRAD, after September 11, 2001, under a provision of activated reservist is activated; and

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10396 CONGRESSIONAL RECORD — SENATE October 9, 2001 ‘‘(B) ending 180 days after the date on it did on September 11th. In the face of colleges in Azerbaijan. Iranian dip- which the activated reservist is discharged this attack, the American Government lomats and secret service representa- or released from active duty. is operating just as it was always in- tives have been expelled from Azer- ‘‘(f) NOTICE.—The Secretary shall develop a program to notify eligible persons of assist- tended to operate. baijan on grounds that they are fo- ance that is available under this section. Today, Madam President I rise to menting disturbances. ‘‘(g) SPOUSES OR RELATIVES.— offer a bill that will ensure that our Iran criticizes Azerbaijan for its pro- ‘‘(1) IN GENERAL.—The Secretary may pro- government continues to operate just U.S. stance and is concerned about the vide for procedures under which the spouse as intended. Azeris increasing ties to the West—par- or other close relative (as determined by the The administration is going about ticularly with U.S. companies. Iran Secretary) of an activated reservist may par- the business of fighting a war. That seeks to ensure that Azerbaijan fails ticipate in, or make decisions related to, a process relies greatly on our govern- with its free market and democratic re- program administered by the Secretary under this title. ment’s ability to strengthen ties with forms, because secular independence ‘‘(2) REPRESENTATION.—The Secretary may countries that agree to help us wage and democratic Azerbaijan is perceived rely on the representation of the spouse or this war on terrorism. These countries, as a threat for the fundamentalist re- close relative (even in the absence of a power in many cases, will be taking on fac- gime in Iran. of attorney) made under the procedures de- tions within their own borders in order Right now, we need the help and co- scribed in paragraph (1) if the Secretary— to do what is right. For these efforts to operation of the entire Central Asian ‘‘(A) determines that the reliance is appro- prevail, we must use all our assets. One region—we can not afford to tie the priate in order to prevent undue hardship of the most important and appealing President’s hands over a conflict be- and to provide equitable treatment for the tween two countries. This is particu- activated reservist; and being trade and foreign assistance— ‘‘(B) has no reason to believe that the rep- particularly with regard to the nations larly important now since these re- resentation of the spouse or close relative is of Central and South Asia. strictions are used as anti-American not in accordance with the intent and inter- In this spirit, I am introducing a bill fodder by fundamentalist factions hop- ests of the activated reservist.’’. which will grant the President the au- ing to shape the development of the re- SEC. 2. REGULATIONS. thority to waive the restriction on as- gion. (a) IN GENERAL.—As soon as practicable sistance to the country of Azerbaijan, To reiterate, this provides national after the date of enactment of this Act, the if the President determines that our waiver authority to the President to Secretary of Agriculture shall promulgate national security and interests will lift sanctions on Azerbaijan. Briefly, such regulations as are necessary to imple- the United States has had for a series ment the amendment made by section 1. benefit from greater assistance and (b) PROCEDURE.—The promulgation of the trade with this country—he should of years, now, sanctions against Azer- regulations and administration of the have the right to pursue that policy. baijan. For people not familiar, Azer- amendment made by section 1 shall be made Section 907 of the Freedom Support baijan sits in the Caspian Sea region without regard to— Act places sanctions on Azerbaijan right above Iran. (1) the notice and comment provisions of that prevent any support from the It is part of the former Soviet Union. section 553 of title 5, United States Code; United States government for the It is an oil- and gas-rich area. It is a (2) the Statement of Policy of the Sec- young nation. This language ties the small country. But it is a small Islamic retary of Agriculture effective July 24, 1971 country that is strongly supportive of (36 Fed. Reg. 13804), relating to notices of administration’s hands as they at- proposed rulemaking and public participa- tempt to work with this strategically the United States. tion in rulemaking; and important ally in the war against ter- Their President, President Aliyev, (3) chapter 35 of title 44, United States rorism. has issued statements about the strong Code (commonly known as the ‘‘Paperwork Unlike past efforts to repeal or waive support for the United States in the Reduction Act’’). section 907 sanctions on Azebaijan, face of our attack on terrorism and (c) CONGRESSIONAL REVIEW OF AGENCY today our debate is about more than dealing with terrorism. They have pro- RULEMAKING.—In carrying out this section, regional stability in Central Asia—our vided the United States fly-over rights, the Secretary shall use the authority pro- landing rights, refueling rights, and in- vided under section 808 of title 5, United debate now centers on United States States Code. national security interests. telligence information as well. This is Section 907 stands in the way of in that key strategic part of the world, By Mr. BROWNBACK: training and assistance for Azerbaijani the south Caucasus, just leading into S. 1521. A bill to amend the FREE- military hospitals that may have to central Asia. It has the gateway city, DOM Support Act to authorize the deal with casualties in this campaign. Baku, going into Asia. Baku is an old, President to waive the restriction of Section 907 stands in the way of air- really European-style city—a gorgeous assistance for Azerbaijan if the Presi- port and air traffic control upgrades place. But more important, they are dent determines that it is in the na- that may need to happen to assist our supportive of the United States, and tional security interest of the United airforce. yet as they support us, we are sanc- States to do so; to the Committee on There are over 71 million people in tioning them. Foreign Relations. the Central Asian region which in- We are likely to use military bases in Mr. BROWNBACK. Madam President, cludes Azerbaijan. Many of these Azerbaijan as a staging area or as a re- in the coming weeks, we are going to emerging democracies are battling fun- fueling area or, potentially if we have be debating several very contentious damentalist factions. If we do not as- casualties in the region, as a hospital bills. However, more than at any other sist those who want to move westward, area as well. Yet we are sanctioning point in my career we are considering we empower the factions coming in them. these issues in an extremely congenial, from countries which support terrorist If we continue with these sanctions, collegial, thoughtful and deliberative activities. the Azeris are not going to be able to way. Certainly, many of us disagree With the horrific attack on our coun- effectively help us and use their terri- about the details of one issue or an- try, we have been painfully awakened tories. Because of the sanctions we other, however, we have consistently to the global and complex network have against Azerbaijan, we cannot put the interest of the nation ahead of that terrorists have created and aimed train their personnel to help us in the our own interests as political ac- at our country and its interests. Our guarding the perimeter of military tors. foreign policy must help fight against bases where our aircraft may be. Be- This is very encouraging to me. This the creation of new terrorist breeding cause of the sanctions we have against should be very encouraging to the grounds as we fight the existing ter- Azerbaijan, we cannot train their hos- American people. This should be very rorist plague. pital personnel to be able to help treat encouraging to freedom loving people Azerbaijan itself is a bulwark against any potential difficulties that we may of the world. The tenor of the debates Islamic fundamentalism in the region. have in that region. Because of the on this floor should signify to everyone Since its independence, Azebaijan has sanctions we have against Azerbaijan, that the United States Government is endured Iranian pressure to adopt its we cannot train their personnel in operating not simply as well as it did style of government. Iran secretly counterintelligence to help us in the before September 11th, but better that funds hundreds of religious schools and gathering of information as to what is

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10397 taking place, what is moving in the re- KULSKI, Mr. MILLER, Mr. MURKOWSKI, Whereas the United States Capitol Police gion, so we can be more effective in our Mrs. MURRAY, Mr. NELSON of Florida, force was created by Congress in 1828 to pro- fight against terrorism. This is against Mr. NELSON of Nebraska, Mr. NICKLES, vide security for the United States Capitol building; a country that has been strongly sup- Mr. REED, Mr. ROBERTS, Mr. ROCKE- Whereas, today the United States Capitol portive of the United States. FELLER, Mr. SANTORUM, Mr. SARBANES, Police provide protection and support serv- There has been a long, ongoing battle Mr. SCHUMER, Mr. SESSIONS, Mr. ices throughout an array of congressional between the Azeris and the Armenians SHELBY, Mr. SMITH of New Hampshire, buildings, parks, and thoroughfares; in this region of the world, and this has Mr. SMITH of Oregon, Ms. SNOWE, Mr. Whereas the United States Capitol police gone on for a long period of time. The SPECTER, Ms. STABENOW, Mr. THOMAS, provide security for Members of Congress, their staffs, other government employees, Mr. THOMPSON, Mr. TORRICELLI, Mr. sanctions are somewhat associated and many others who live near, work on, and with that. But the point being, we have VOINOVICH, Mr. WARNER, Mr. visit Capitol Hill; a fight now against terrorism. The WELLSTONE, and Mr. WYDEN) submitted Whereas the United States Capitol Police President needs to have national secu- the following resolution; which was have successfully managed and coordinated rity waiver authority so, in those spe- considered and agreed to: major demonstrations, joint sessions of Con- cific areas that would be beneficial to S. RES. 169 gress, State of the Union Addresses, State Whereas Mike Mansfield, the son of Irish funerals, and inaugurations; us, he can lift those sanctions against Whereas the United States Capitol Police immigrants, was born in 1903 in New York Azerbaijan. This will be a tough issue, have bravely faced numerous emergencies, but that authority is something we City and raised in Great Falls, Montana; Whereas Mike Mansfield was the youngest including three bombings and two shootings should provide the President if we are Montanan to serve in World War One, having (the most recent of which in 1998 tragically going to prosecute this effort success- enlisted in the United States Navy at the age took the lives of Private First Class Jacob fully. I think it is very important that of fourteen; ‘J.J.’ Chestnut and Detective John Michael we put this forward, that we pass it. Whereas Mike Mansfield spent eight years Gibson); This is not taking the sanctions off working in the copper mines of Montana; Whereas the horrific events of September 11, 2001 have created a uniquely difficult en- completely. It is providing the Presi- Whereas Mike Mansfield, at the urging of his wife Maureen, concentrated his efforts on vironment, requiring heightened security, dent with waiver authority, national education, obtaining both his high school di- and prompting extra alertness and some security waiver authority. There has to ploma and B.A. degree in 1933, an M.A. in strain among staff and visitors; be a national security interest. If it is 1934, and became a professor of history at the Whereas the U.S. Capitol Police force has not needed, if the reason to have it is University of Montana at Missoula, where he responded to this challenge quickly and cou- not there, the President doesn’t have taught until 1952; rageously, including by facilitating the evac- the authority to exercise it. So we Whereas Mike Mansfield was elected to the uation of all of the buildings under their pur- view, as well as the perimeter thereof; should provide him that authority. House of Representatives in 1943 and served the State of Montana with distinction until Whereas the United States Capitol Police I am introducing this bill tonight. I his election to the United States Senate in Department has since instituted 12-hour, 6- urge my colleagues to look very close- 1952; day shifts, requiring that officers work 30 ly at this issue, and I hope they will Whereas Mike Mansfield further served the hours of overtime each week to ensure our sign onto the bill so we can move this State of Montana and his country in the continued protection; forward and allow the President the Senate from 1952 to 1976, where he held the Now, therefore, be it Resolved by the Senate, That— tools he needs to prosecute this war on position of Majority Leader from 1961 to 1976, longer than any Leader before or since; (1) the Senate hereby honors and thanks terrorism effectively. Whereas Mike Mansfield continued to the United States Capitol Police for their The PRESIDING OFFICER. The bill serve his country under both Democratic and outstanding work and dedication, during a will be received and appropriately re- Republican administrations in the post of period of heightened security needs on the ferred. Ambassador Extraordinary and Pleni- day of September 11, 2001 and thereafter; (2) when the Senate adjourns on this date f potentiary to Japan from 1977 to 1989; and Whereas Mike Mansfield was a man of in- they shall do so knowing that they are pro- SUBMITTED RESOLUTIONS tegrity, decency and honor who was loved tected and secure, thanks to the commit- and admired by this Nation: Now therefore ment of the United States Capitol Police. be it f SENATE RESOLUTION 169—REL- Resolved, That the Senate has heard with SENATE CONCURRENT RESOLU- ATIVE TO THE DEATH OF THE profound sorrow and deep regret the an- TION 77—EXPRESSING THE HONORABLE MIKE MANSFIELD, nouncement of the death of the Honorable SENSE OF THE CONGRESS THAT FORMERLY A SENATOR FROM Mike Mansfield, formerly a Senator from the State of Montana. A POSTAGE STAMP SHOULD BE THE STATE OF MONTANA Resolved, That the Secretary of the Senate ISSUED TO HONOR COAL MINERS Mr. DASCHLE (for himself, Mr. communicate these resolutions to the House Mr. MCCONNELL submitted the fol- LOTT, Mr. BAUCUS, Mr. BURNS, Mr. of Representatives and transmit an enrolled copy thereof to the family of the deceased; lowing concurrent resolution; which BYRD, Mr. STEVENS, Mr. INOUYE, Mr. Resolved, That when the Senate adjourns was referred to the Committee on Gov- THURMOND, Mr. KENNEDY, Mr. HOL- today, it stand adjourned as a further mark ernmental Affairs: LINGS, Mr. LEAHY, Mr. REID, Mr. of respect to the memory of the deceased S. CON. RES. 77 AKAKA, Mr. ALLARD, Mr. ALLEN, Mr. Senator. Whereas the Nation is greatly indebted to BAYH, Mr. BENNETT, Mr. BIDEN, Mr. f coal miners for the difficult and dangerous BINGAMAN, Mr. BOND, Mrs. BOXER, Mr. SENATE RESOLUTION 170—HON- work they have performed to provide the fuel BREAUX, Mr. BROWNBACK, Mr. BUNNING, ORING THE UNITED STATES CAP- needed to operate the Nation’s industries Mr. CAMPBELL, Ms. CANTWELL, Mrs. ITOL POLICE FOR THEIR COM- and to provide energy to homes and busi- CARNAHAN, Mr. CARPER, Mr. CHAFEE, nesses; MITMENT TO SECURITY AT THE Mr. CLELAND, Mrs. CLINTON, Mr. COCH- Whereas millions of workers have toiled in UNITED STATES CAPITOL, PAR- RAN, Ms. COLLINS, Mr. CONRAD, Mr. the Nation’s coal mines over the last cen- TICULARLY ON AND SINCE SEP- CORZINE, Mr. CRAIG, Mr. CRAPO, Mr. tury, risking both life and limb to fuel the TEMBER 11, 2001 Nation’s economic expansion; DAYTON, Mr. DEWINE, Mr. DODD, Mr. Mr. WELLSTONE (for himself, Mr. Whereas during the last century over DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. 100,000 coal miners have been killed in min- EDWARDS, Mr. ENSIGN, Mr. ENZI, Mr. DODD, and Mr. REID) submitted the fol- ing accidents in the Nation’s coal mines, and FEINGOLD, Mrs. FEINSTEIN, Mr. FITZ- lowing resolution; which was consid- 3,500,000 coal miners have suffered non-fatal GERALD, Mr. FRIST, Mr. GRAHAM, Mr. ered and agreed to: injuries; GRAMM, Mr. GRASSLEY, Mr. GREGG, Mr. S. RES. 170 Whereas 100,000 coal miners have con- HAGEL, Mr. HARKIN, Mr. HATCH, Mr. Whereas the Capitol is an important sym- tracted Black Lung disease as a direct result HELMS, Mr. HUTCHINSON, Mrs. bol of freedom and democracy across the of their toil in the Nation’s coal mines; Whereas coal provides 50 percent of the Na- HUTCHISON, Mr. INHOFE, Mr. JEFFORDS, United States and throughout the world, and those who safeguard the Capitol safeguard tion’s electricity and is an essential fuel for Mr. JOHNSON, Mr. KERRY, Mr. KOHL, that freedom and democracy; industries such as steel, cement, chemicals, Mr. KYL, Ms. LANDRIEU, Mr. LEVIN, Mr. Whereas millions of people visit the Cap- food, and paper; LIEBERMAN, Mrs. LINCOLN, Mr. LUGAR, itol each year to observe and learn the work- Whereas the United States has a dem- Mr. MCCAIN, Mr. MCCONNELL, Ms. MI- ings of the democratic process; onstrated coal reserve of more than

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10398 CONGRESSIONAL RECORD — SENATE October 9, 2001 500,000,000,000 tons, with an estimated him to the bill S. 1447, to improve avia- retired member of the Armed Forces as a 275,000,000,000 tons of recoverable reserves tion security, and for other purposes; Federal air marshal, regardless of age, if the which, at current production rates, rep- which was ordered to lie on the table; individual otherwise meets the background resents about 275 years of recoverable coal as follows: and fitness qualifications required for Fed- reserves; eral air marshals. Whereas these coal reserves represent Strike the section heading for section 14 about 95 percent of all fossil fuel reserves in and insert the following: SA 1850. Mr. SMITH of New Hamp- the United States, and about 1⁄4 of the SEC. 14. REPORT ON NATIONAL AIR SPACE RE- shire submitted an amendment in- world’s known coal reserves; STRICTIONS PUT IN PLACE AFTER tended to be proposed by him to the Whereas the recoverable coal reserves in TERRORIST ATTACKS THAT REMAIN IN PLACE. bill S. 1510, to deter and punish terror- the United States have the energy equiva- (a) REPORT.—On the date of the enactment ists acts in the United States and lent of about 1,000,000,000,000 barrels of oil, of this Act, the President shall submit to the around the world, to enhance law en- which is comparable to all of the world’s committees of Congress specified in sub- forcement investigatory tools, and for known oil reserves; section (b) a report containing— Whereas since the energy crises of the other purposes; which was ordered to (1) a description of each restriction, if any, 1970s, United States’ dependence on foreign lie on the table; as follows: on the use of national airspace put in place oil has grown substantially, with imported At the appropriate place in the bill, insert as a result of the September 11, 2001, ter- oil accounting for 39 percent of all oil con- the following: rorist attacks that remains in place as of the sumed in 1973 and about 60 percent today; SEC. ll. ENFORCEMENT OF CERTAIN ANTI-TER- date of the enactment of this Act; and Whereas energy security is an integral RORISM JUDGMENTS. (2) a justification for such restriction re- component of the Nation’s economy and na- (a) SHORT TITLE.—This section may be maining in place. tional security; cited as the ‘‘Justice for Victims of Ter- (b) COMMITTEES OF CONGRESS.—The com- Whereas coal mining continues to be the rorism Act’’. mittees of Congress specified in this sub- economic engine for many communities, pro- (b) DEFINITION.— section are the following: viding jobs to areas with little economic di- (1) IN GENERAL.—Section 1603(b) of title 28, (1) The Select Committee on Intelligence versity; United States Code, is amended— of the Senate. Whereas coal mining provides economic (A) in paragraph (3), by striking the period (2) The Permanent Select Committee on benefit far beyond its direct revenue, includ- and inserting ‘‘; and’’; Intelligence of the House of Representatives. ing billions of dollars in economic output (B) by redesignating paragraphs (1), (2), and household earnings and hundreds of SEC. 15. DEFINITIONS. and (3) as subparagraphs (A), (B), and (C), re- thousands of jobs in other industries; and spectively; Whereas issuing a postage stamp to honor SA 1848. Mr. BAYH (for himself, Mr. (C) by striking ‘‘(b)’’ through ‘‘entity—’’ the Nation’s coal miners is fitting and prop- VOINOVICH, and Mr. DEWINE) submitted and inserting the following: er: Now, therefore, be it ‘‘(b) An ‘agency or instrumentality of a an amendment intended to be proposed foreign state’ means— Resolved by the Senate (the House of Rep- by him to the bill S. 1447, to improve resentatives concurring), That it is the sense ‘‘(1) any entity—’’; and of Congress that— aviation security, and for other pur- (D) by adding at the end the following: (1) the United States Postal Service should poses; which was ordered to lie on the ‘‘(2) for purposes of sections 1605(a)(7) and issue a stamp honoring the Nation’s coal table; as follows: 1610 (a)(7) and (f), any entity as defined under miners; and In section 19, strike the section heading subparagraphs (A) and (B) of paragraph (1), (2) the Citizens’ Stamp Advisory Com- and insert the following: and subparagraph (C) of paragraph (1) shall not apply.’’. mittee should recommend to the Postmaster SEC. 19. MUTUAL PASSENGER ASSURANCE. (2) TECHNICAL AND CONFORMING AMEND- General that such a stamp be issued. (a) REQUIREMENT.—Chapter 417 of title 49, MENT.—Section 1391(f)(3) of title 28, United United States Code, is amended by adding at f States Code, is amended by striking the end of subchapter I the following new ‘‘1603(b)’’ and inserting ‘‘1603(b)(1)’’. AMENDMENTS SUBMITTED AND section: PROPOSED (c) ENFORCEMENT OF JUDGMENTS.—Section ‘‘§ 41722. Mutual passenger assurance 1610(f) of title 28, United States Code, is SA 1847. Mr. INHOFE submitted an amend- ‘‘(a) REQUIREMENT TO HONOR PASSENGER amended— ment intended to be proposed by him to the TICKETS OF OTHER CARRIERS.—Each air car- (1) in paragraph (1)— bill S. 1447, to improve aviation security, and rier referred to in subsection (b) that pro- (A) in subparagraph (A) by striking ‘‘(infor other purposes; which was ordered to lie vides scheduled air passenger service on an cluding any agency or instrumentality or on the table. air passenger route shall, to the extent prac- such state)’’ and inserting ‘‘(including any SA 1848. Mr. BAYH (for himself, Mr. VOINO- ticable, provide air transportation to pas- agency or instrumentality of such state), ex- VICH, and Mr. DEWINE) submitted an amend- sengers ticketed for air transportation on cept to the extent of any punitive damages ment intended to be proposed by him to the that route by an air carrier that suspends, awarded’’; and bill S. 1447, supra; which was ordered to lie interrupts, or discontinues air passenger (B) by adding at the end the following: on the table. service on the route by reason of an act of ‘‘(C) Notwithstanding any other provision SA 1849. Mr. ENSIGN submitted an amend- war or terrorism, or insolvency or bank- of law, moneys due from or payable by the ment intended to be proposed by him to the ruptcy of the carrier. United States (including any agency or in- bill S. 1447, supra; which was ordered to lie ‘‘(b) APPLICABILITY.—This section applies strumentality thereof) to any state against on the table. to an air carrier that receives assistance which a judgment is pending under section SA 1850. Mr. SMITH, of New Hampshire 1605(a)(7) shall be subject to attachment and submitted an amendment intended to be pro- under section 101 of the Air Transportation Safety and System Stabilization Act (Public execution with respect to that judgment, in posed by him to the bill S. 1510, to deter and like manner and to the same extent as if the punish terrorist acts in the United States Law 107–42).’’. (b) CLERICAL AMENDMENT.—The table of United States were a private person, except and around the world, to enhance law en- to the extent of any punitive damages forcement investigatory tools, and for other sections at the beginning of such chapter is amended by inserting after the item relating awarded.’’; and purposes; which was ordered to lie on the (2) by striking paragraph (3) and adding the table. to section 41721 the following new item: ‘‘41722. Mutual passenger assurance.’’. following: SA 1851. Mr. ENSIGN submitted an amend- ‘‘(3)(A) Subject to subparagraph (B), upon ment intended to be proposed by him to the SEC. 20. DEFINITIONS. determining on an asset-by-asset basis that a bill S. 1447, to improve aviation security, and waiver is necessary in the national security for other purposes; which was ordered to lie SA 1849. Mr. ENSIGN submitted an interest, the President may waive this sub- on the table. amendment intended to be proposed by section in connection with (and prior to the SA 1852. Mr. CLELAND submitted an enforcement of) any judicial order directing amendment intended to be proposed by him him to the bill S. 1447, to improve aviation security, and for other purposes; attachment in aid of execution or execution to the bill S. 1447, supra; which was ordered against any property subject to the Vienna to lie on the table. which was ordered to lie on the table; Convention on Diplomatic Relations or the SA 1853. Mr. CLELAND submitted an as follows: Vienna Convention on Consular Relations. amendment intended to be proposed by him At the appropriate place in the section re- ‘‘(B) A waiver under this paragraph shall to the bill S. 1447, supra; which was ordered lating to air marshals, insert the following not apply to— to lie on the table. subsection: ‘‘(i) if property subject to the Vienna Con- f (ll) AUTHORITY TO APPOINT RETIRED LAW vention on Diplomatic Relations or the Vi- TEXT OF AMENDMENTS ENFORCEMENT OFFICERS.—Notwithstanding enna Convention on Consular Relations has any other provision of law, the Secretary of been used for any nondiplomatic purpose (in- SA 1847. Mr. INHOFE submitted an Transportation may appoint an individual cluding use as rental property), the proceeds amendment intended to be proposed by who is a retired law enforcement officer or a of such use; or

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10399 ‘‘(ii) if any asset subject to the Vienna or of any State, and appears to be intended thorized to meet during the session of Convention on Diplomatic Relations or the to intimidate or coerce a civilian population the Senate on Tuesday, October 9 at Vienna Convention on Consular Relations is to influence the policy of a government by 9:30 a.m. to conduct a hearing. The sold or otherwise transferred for value to a intimidation or coercion or to affect the con- committee will receive testimony on S. third party, the proceeds of such sale or duct of a government by assassination or transfer. kidnaping.’’; and 1480, a bill to amend the Reclamation ‘‘(C) In this paragraph, the term ‘property (4) in the heading, by striking ‘‘NOT PRO- Recreation Management Act of 1992 in subject to the Vienna Convention on Diplo- VIDING AIR TRANSPORTATION’’. order to provide for the security of matic Relations or the Vienna Convention (b) AIRMAN CERTIFICATES.—Section 44703(g) dams, facilities, and resources under on Consular Relations’ and the term ‘asset of title 49, United States Code, is amended— the jurisdiction of the Bureau of Rec- subject to the Vienna Convention on Diplo- (1) in the first sentence of paragraph (1)— lamation; and other proposals related matic Relations or the Vienna Convention (A) by striking ‘‘pilots’’ and inserting ‘‘air- to energy infrastructure security. on Consular Relations’ mean any property or men’’; and The PRESIDING OFFICER. Without asset, respectively, the attachment in aid of (B) by striking the period and inserting execution or execution of which would result ‘‘and related to combating acts of ter- objection, it is so ordered. in a violation of an obligation of the United rorism.’’; and COMMITTEE ON FOREIGN RELATIONS States under the Vienna Convention on Dip- (2) by adding at the end, the following new Mr. REID. Mr. President, I ask unan- lomatic Relations or the Vienna Convention paragraph: imous consent that the Committee on on Consular Relations, as the case may be. ‘‘(3) The Administrator is authorized and Foreign Relations be authorized to ‘‘(4) For purposes of this subsection, all as- directed to work with State and local au- meet during the session of the Senate sets of any agency or instrumentality of a thorities, and other Federal agencies, to as- on Tuesday, October 9, 2001 at 2:15 p.m. foreign state shall be treated as assets of sist in the identification of individuals ap- that foreign state.’’. plying for or holding airmen certificates.’’. to hold a nomination hearing. (d) EFFECTIVE DATE.—The amendments Nominees: Mr. Edward Fox, of Ohio, made by this section shall apply to any SA. 1853. Mr. CLELAND submitted an to be an Assistant Administrator (Leg- claim for which a foreign state is not im- amendment intended to be proposed by islative and Public Affairs) of the mune under section 1605(a)(7) of title 28, him to the bill S. 1447, to improve avia- United States Agency for International United States Code, arising before, on, or tion security, and for other purposes; Development; after the date of the enactment of this Act. which was ordered to lie on the table; Mr. Kent Hill, of Massachusetts, to (e) PAYGO ADJUSTMENT.—The Director of be an Assistant Administrator (for Eu- the Office of Management and Budget shall as follows: not make any estimates of changes in direct At the appropriate place, insert the fol- rope and Eurasia) of the United States spending outlays and receipts under section lowing: Agency for International Development; 252(d) of the Balanced Budget and Emergency SEC. ll. AMENDMENTS TO AIRMEN REGISTRY Mrs. Anne Peterson, of Virginia, to Deficit Control Act of 1985 (2 U.S.C. 902(d)) AUTHORITY. be an Assistant Administrator (Global for any fiscal year resulting from the enact- Section 44703(g) of title 49, United States Health) of the United States Agency ment of this section, or any amendment Code, is amended— for International Development; and made by this section. (1) in the first sentence of paragraph (1)— Mr. John Turner, of Wyoming, to be (A) by striking ‘‘pilots’’ and inserting ‘‘air- Assistant Secretary of State for Oceans Mr. ENSIGN submitted an SA 1851. men’’; and and International Environmental and amendment intended to be proposed by (B) by striking the period and inserting Scientific Affairs. him to the bill S. 1447, to improve avia- ‘‘and related to combating acts of ter- The PRESIDING OFFICER. Without rorism.’’; and tion security, and for other purposes; objection, it is so ordered. which was ordered to lie on the table; (2) by adding at the end, the following new COMMITTEE ON HEALTH, EDUCATION, LABOR, as follows: paragraphs: ‘‘(3) For purposes of this section, the term AND PENSIONS In section 17(b), strike ‘‘(from amounts ‘acts of terrorism’ means an activity that in- Mr. REID. Mr. President, I ask unan- made available for obligation under sub- volves a violent act or an act dangerous to imous consent that the Committee on section (a))’’ and insert ‘‘(from amounts human life that is a violation of the criminal Health, Education, Labor, and Pen- made available for obligation under sub- laws of the United States or of any State, or section (a) or from amounts made available sions be authorized to meet for a hear- that would be a criminal violation if coming on Effective Responses to the pursuant to an Act making emergency sup- mitted within the jurisdiction of the United plemental appropriations for fiscal year 2001 States or of any State, and appears to be in- Threat of Bioterrorism during the ses- for additional disaster assistance, for anti- tended to intimidate or coerce a civilian pop- sion of the Senate on Tuesday, October terrorism initiatives, and for assistance in ulation to influence the policy of a govern- 9, 2001, at 10 a.m. the recovery from the tragedy that occurred ment by intimidation or coercion or to affect The PRESIDING OFFICER. Without on September 11, 2001, and for other purposes the conduct of a government by assassina- objection, it is so ordered. (Public Law 107–38)’’. tion or kidnaping. f ‘‘(4) The Administrator is authorized and SA. 1852. Mr. CLELAND submitted an directed to work with State and local au- PRIVILEGE OF THE FLOOR amendment intended to be proposed by thorities, and other Federal agencies, to as- The PRESIDING OFFICER. The Sen- him to the bill S. 1447, to improve avia- sist in the identification of individuals ap- tion security, and for other purposes; ator from Texas. plying for or holding airmen certificates.’’. Mrs. HUTCHISON. Mr. President, I which was ordered to lie on the table; f ask unanimous consent that Ray Ivie as follows: AUTHORITY FOR COMMITTEES TO of my staff be granted the privilege of At the appropriate place, insert the fol- the floor today and throughout consid- lowing: MEET eration of S. 1447. COMMITTEE ON COMMERCE, SCIENCE, AND SEC. ll. AMENDMENTS TO AIRCRAFT AND AIR- The PRESIDING OFFICER. Without MAN REGISTRY AUTHORITY. TRANSPORTATION (a) REGISTRATION AND RECORDATION SYS- Mr. REID. Mr. President, I ask unan- objection it is so ordered. TEM.—Section 44111 of title 49, United States imous consent that the Committee on f Code, is amended— Commerce, Science, and Transpor- (1) by striking subsection (a) and redesig- HONORING MIKE MANSFIELD nating subsections (b), (c), and (d), as sub- tation be authorized to meet on Tues- Mr. REID. Madam President, I ask sections (a), (b), and (c), respectively; day, October 9, 2001, at 2:30 p.m. on unanimous consent that the Senate (2) in subsection (a)(2), as redesignated, by John Marburger to be Director of the proceed to the immediate consider- inserting before the semicolon ‘‘and related Office of Science and Technology Pol- ation of S. Res. 169 submitted earlier to combating acts of terrorism’’; icy, and Phillip Bond to be Under Sec- today by the two leaders, and others. (3) by inserting the following flush sen- retary of Commerce for Technology. tence at the end of subsection (a): The PRESIDING OFFICER. The The PRESIDING OFFICER. Without clerk will report the resolution by ‘‘For purposes of this section, the term ‘acts objection, it is so ordered. of terrorism’ means an activity that involves title. COMMITTEE ON ENERGY AND NATURAL a violent act or an act dangerous to human The assistant legislative clerk read RESOURCES life that is a violation of the criminal laws of as follows: the United States or of any State, or that Mr. REID. Mr. President, I ask unan- A resolution (S. Res. 169) relative to the would be a criminal violation if committed imous consent that the Committee on death of the Honorable Mike Mansfield, for- within the jurisdiction of the United States Energy and Natural Resources be au- merly a Senator from the State of Montana.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10400 CONGRESSIONAL RECORD — SENATE October 9, 2001 There being no objection, the Senate had to say. He gave us the speech he There being no objection, the Senate proceeded to consider the resolution. was going to give on the Friday that proceeded to consider the resolution. Mr. LOTT. Madam President, it is a John F. Kennedy was assassinated. He Mr. REID. Madam President, I ex- great honor for me to join Senator had not given that speech. It was a press my appreciation to Senator DASCHLE in sponsoring a resolution me- speech defending his style of leader- WELLSTONE for moving forward on this morializing our friend and the great ship. It was quite interesting to get the resolution to recognize the commit- Senator from Montana, our former ma- juxtaposition of what we go through ment the Capitol Police have made to jority leader in the Senate and Ambas- today and what he was going through, each one of us, and every staff member, sador to Japan, Mike Mansfield. the historical nature of that speech. In and every person who visits the United I didn’t get to know Senator Mans- fact, he delivered it to the Senate some States Capitol. They did that before field as well as many Senators who ac- 35 years later. September 11, and following September tually served with him. I was in the So we will miss Mike Mansfield. He 11 that has been magnified. They do House during many of the years he was stayed active until the very end. But tremendous work. They are as well serving as the majority leader through somehow I felt when Mrs. Mansfield trained as any police officers in the 1976. I remember watching and liking passed away not too long ago that he world. And every day they honor the the fact he would go on some of the wouldn’t be long because they were in- Government for whom they work. talk shows and be interviewed. They separable. He loved her so dearly. And, Madam President, I ask unanimous would ask this convoluted, com- once again, I think they exhibited the consent that the resolution and pre- plicated, long question; he would an- type of couple we want in government amble be agreed to en bloc, the motion swer with a one-syllable word. I loved but also in life. to reconsider be laid upon the table en that. Quite often that is all that is nec- As a Republican, but more impor- bloc, and that any statements relating essary: Yes; no. It makes it very dif- tantly as a Senator of America, I came thereto be printed in the RECORD. ficult to drag out a long program. to admire Mike Mansfield. We owe him The PRESIDING OFFICER. Without As I watched him closer over the a great debt of gratitude. He has been objection, it is so ordered. years, there was something about his a legend. He has made this institution The resolution (S. Res. 170) was demeanor that was very attractive. a better place for his service. We shall agreed to. When I became majority leader, I read miss him. The preamble was agreed to. The resolution, with its preamble, is books on previous majority leaders. I yield the floor. printed in today’s RECORD under ‘‘Sub- There had only been 15 before I had the Mr. BROWNBACK. Madam President, mitted Resolutions.’’ opportunity to be majority leader. I add my statement of support to what There were some in particular, and I Senator LOTT has said about Mike f went over the style of their leadership: Mansfield. I had the opportunity to HONORING LAW ENFORCEMENT Lyndon Johnson, Mike Mansfield, How- meet him at the Senate prayer break- OFFICERS, FIREFIGHTERS, ard Baker, and all of our majority lead- fast. He was a regular attendee, a gen- EMERGENCY RESCUE PER- ers. tleman from appearance, demeanor, SONNEL AND HEALTH CARE I particularly was attracted to Sen- and actions, deep spiritually as an indi- PROFESSIONALS ator Mansfield’s style. It was one of vidual. He spoke often by not speaking, Mr. REID. Madam President, I ask letting the Senate work its will. It was just by the way he was. He spoke vol- unanimous consent that the Judiciary not threatening. By the way, the style umes, really, of the beauty of a person Committee be discharged from consid- was so different from Lyndon John- who leads a good life. He led a life that eration of S. Con. Res. 76, and that the son’s. Lyndon Johnson was very effec- was really lived and a model for many Senate then proceed to its consider- tive but worked Senators late hours of us to follow. He will be dearly ation. and weekends. Behind Lyndon Johnson missed. The PRESIDING OFFICER. Without came Mike Mansfield who took a com- Mr. REID. Madam President, I ask objection, it is so ordered. pletely different tack. Yet he got as unanimous consent that I be added as a The clerk will report the resolution much done. If you look at the sub- cosponsor of this resolution, and I fur- by title. stance of what was produced during the ther ask unanimous consent that the The assistant legislative clerk read leadership period of Lyndon Johnson resolution and preamble be agreed to as follows: compared to the critical period that en bloc, that the motion to reconsider A concurrent resolution (S. Con. Res. 76) Mike Mansfield served, he got as much be laid upon the table en bloc with no honoring law enforcement officers, fire- done. intervening action or debate. fighters, emergency personnel and health While some will disagree that I did The PRESIDING OFFICER. Without care professionals who have worked tire- this, I decided in my own mind I would objection, it is so ordered. lessly to search for and rescue the victims of try to adopt more of the style of Mike the horrific attacks on the United States on The resolution (S. Res. 169) was September 11, 2001. Mansfield, and not necessarily keep the agreed to. There being no objection, the Senate staff here when it was not necessary, The preamble was agreed to. proceeded to consider the concurrent and see if I couldn’t get more done by The resolution, with its preamble, is resolution. not being in session late at night or printed in today’s RECORD under ‘‘Sub- threatening weekends. I think it had mitted Resolutions.’’ Mr. FEINGOLD. Madam President, I an effect. I found quite often if you rise today in support of this resolution don’t try to punish Senators, you get f honoring the efforts and sacrifices of more done than you do if you press IN HONOR OF THE UNITED STATES law enforcement officers, firefighters, them to the wall. He was a great leader CAPITOL POLICE emergency rescue personnel, and from Montana. He served longer than Mr. REID. Madam President, I ask health care professionals in responding any other majority leader in history. unanimous consent that the Senate to the horrific attacks on the United Of the now 17 majority leaders, only he proceed to the consideration of S. Res. States on September 11, 2001. served 15 years in that position. 170 submitted earlier today by Senator In New York and Washington, D.C., He also had the exact personality WELLSTONE. emergency calls went out on the morn- that we needed to have for Ambassador The PRESIDING OFFICER. The ing of September 11 just after those at- to Japan. In a way, he was maybe even clerk will report the resolution by tacks occurred. Those alarms were Japanese in his demeanor: Soft spoken, title. heard by first-responders throughout courteous, honorable, man of high in- The assistant legislative clerk read the country. Law enforcement, fire- tegrity, man of few words. When he as follows: fighters, emergency rescue personnel, and health care professionals answered spoke, it was worth listening. A resolution (S. Res. 170) honoring the So we have lost a great leader in the United States Capitol Police for their com- the call with the same selfless courage Senate, a friend. He came back and mitment to security at the United States and determination that has long distin- spoke to our Leader’s Lecture Series. I Capitol, particularly on and since September guished our emergency response com- was totally enthralled with what he 11, 2001. munity. While the world looked on in

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY October 9, 2001 CONGRESSIONAL RECORD — SENATE S10401 stunned disbelief, these workers, al- printed in the RECORD with no inter- A resolution (S. Res. 164) designating Octo- ways prepared and ever vigilant, in- vening action. ber 19, 2001 as ‘‘National Mammography stinctively donned their uniforms and The PRESIDING OFFICER. Without Day’’. raced to the scene. objection, it is so ordered. There being no objection, the Senate At ground zero, as many as 400 of The concurrent resolution (S. Con. proceeded to consider the resolution. these brave men and women sacrificed Res. 76) was agreed to. Mr. REID. Madam President, I ask their very lives in service to their com- The preamble was agreed to. unanimous consent that the resolution munities that morning. Since that The concurrent resolution, with its and preamble be agreed to en bloc, the time hundreds more have labored tire- preamble, reads as follows: motion to reconsider be laid upon the lessly in efforts to save and recover S. CON. RES. 76 table, and that any statements relating their fellow rescuers and other victims. Whereas on September 11, 2001, terrorists thereto be printed in the RECORD. Although we react with awe and com- hijacked and destroyed 4 civilian aircraft, The PRESIDING OFFICER. Without mend them for working above and be- crashing 2 of the planes into the towers of objection, it is so ordered. yond the call of duty, these courageous the World Trade Center in New York City The resolution (S. Res. 164) was souls expect no less from themselves and a third plane into the Pentagon in agreed to. and carry on despite the heavy emo- northern Virginia, and resulting in the crash The preamble was agreed to. tional and physical burdens of their of a fourth plane in Somerset County, Penn- The resolution, with its preamble, mission. sylvania; reads as follows: Whereas these attacks destroyed both tow- This instinct to respond has shown in ers of the World Trade Center, as well as ad- S. RES. 164 the efforts of emergency response per- jacent buildings, and seriously damaged the Whereas according to the American Cancer sonnel nationwide. On seeing the Pentagon; Society, in 2001, 192,200 women will be diag- events of September 11 unfold, volun- Whereas thousands of innocent Americans nosed with breast cancer and 40,600 women teers from all parts of the country, in- and foreign nationals were killed or injured will die from this disease; cluding firefighters and other workers as a result of these attacks; Whereas it is estimated that about 2,000,000 from the State of Wisconsin, travelled Whereas police officers, firefighters, public women were diagnosed with breast cancer in across the country to the impact zones safety officers, and medical response crews the 1990s, and that in nearly 500,000 of those were thrown into extraordinarily dangerous cases, the cancer resulted in death; to assist in whatever means necessary. situations, responding to these horrendous Whereas the risk of breast cancer increases From home, firefighters and other res- events, acting heroically, and trying to help with age, with a woman at age 70 years hav- cue workers have organized fund-rais- and to save as many of the lives of others as ing twice as much of a chance of developing ing and supply drives to support rescue possible in the impact zones, in spite of the the disease as a woman at age 50 years; and recovery efforts and the families of clear danger to their own lives; Whereas at least 80 percent of the women their fallen brethren. In Madison, WI, Whereas some of these rescue workers, po- who get breast cancer have no family history local firefighters have raised over lice officers, and firefighters have died or are of the disease; $200,000 for families of their New York missing at the site of the World Trade Cen- Whereas mammograms, when operated ter; professionally at a certified facility, can pro- counterparts who died at the World Whereas firefighters, rescue personnel, and vide safe screening and early detection of Trade Center. Other community fire police officers have been working above and breast cancer in many women; departments throughout Wisconsin beyond the call of duty, putting their lives Whereas experts agree that mammography have responded in kind. at risk, working overtime, going without is the best method of early detection of I am proud to recognize the contribu- proper sleep, and spending time away from breast cancer, and early detection is the key tion of our Wisconsin emergency re- their families and loved ones; to saving lives; sponse community. More than three- Whereas the United States Capitol Police, Whereas mammograms can reveal the pres- quarters of our fire and rescue workers United States Secret Service, the Police De- ence of small cancers up to 2 years or more in Wisconsin are volunteers, individ- partment of Metropolitan Washington, D.C., before a regular clinical breast examination the Arlington County Police Department, or breast self-examination, reducing mor- uals who balance this substantial pub- and other law enforcement agencies have put tality by up to 63 percent; and lic service commitment while working in extra hours to ensure the safety of all Whereas the 5-year survival rate for local- full-time jobs throughout our commu- Americans, particularly the President, mem- ized breast cancer is over 97 percent: Now, nities. These workers know, like no bers of Congress, and other United States therefore, be it other, the sacrifices that were made at Government officials; and Resolved, That the Senate— the World Trade Center on September Whereas since the morning of September (1) designates October 19, 2001, as ‘‘Na- 11, and our prayers go out to them as 11, 2001, police officers and public safety offi- tional Mammography Day’’; and they grieve for their comrades-in-arms. cers throughout the United States have been (2) requests that the President issue a As we prepare to respond to this vi- called upon to put in extra time to ensure proclamation calling upon the people of the the safe and security of Americans: Now, United States to observe the day with appro- cious attack on our Nation, we must therefore, be it priate programs and activities. not forget the integral part that emer- Resolved by the Senate (the House of Rep- f gency response workers will play in resentatives concurring), That Congress com- this campaign. The threat of terrorism mends— RECOGNIZING THE IMPORTANT knows no boundaries, as we were so (1) the firefighters, police officers, rescue CONTRIBUTIONS OF THE YOUTH painfully reminded, and these first-re- personnel, and health care professionals who FOR LIFE: REMEMBERING WAL- sponders will be on the front lines of have selflessly dedicated themselves to the TER PAYTON our defense. These workers have been search, rescue, and recovery efforts in New York City, northern Virginia, and Pennsyl- Mr. REID. Madam President, I ask quietly preparing for years for this vania; and unanimous consent that the HELP mission, but they will need our contin- (2) the efforts of law enforcement and pub- Committee be discharged from further ued support to remain at-the-ready. It lic safety personnel throughout the nation consideration of S. Con. Res. 63 and will be these workers who will ensure for their service at a time when their call to that the Senate proceed to its consider- that America ‘‘gets back to work,’’ be- serve and protect their nation is even more ation. cause their efforts give us security in essential than ever before. The PRESIDING OFFICER. Without our streets, our public facilities, and f objection, it is so ordered. our homes. I would like to say to all of The clerk will report the concurrent our emergency response workers thank NATIONAL MAMMOGRAPHY DAY resolution by title. you for your service to our commu- Mr. REID. Madam President, I ask The assistant legislative clerk read nities. Your work has never been so unanimous consent that the Senate as follows: needed, never so appreciated. proceed to the immediate consider- Mr. REID. Madam President, I ask ation of Calendar No. 182, S. Res. 164. A concurrent resolution (S. Con. Res. 63) unanimous consent that the concur- The PRESIDING OFFICER. The recognizing the important contributions of the Youth For Life: Remembering Walter rent resolution and preamble be agreed clerk will report the resolution by Payton initiative and encouraging participa- to en bloc, the motion to reconsider be title. tion in this nationwide effort to educate laid upon the table en bloc, and that The assistant legislative clerk read young people about organ and tissue dona- any statements relating thereto be as follows: tion.

VerDate Mar 15 2010 03:20 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10402 CONGRESSIONAL RECORD — SENATE October 9, 2001 There being no objection, the Senate ORDERS FOR WEDNESDAY, WILLIAM H. STEELE, OF ALABAMA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT, proceeded to consider the concurrent OCTOBER 10, 2001 VICE EMMETT RIPLEY COX, RETIRED. resolution. PHILIP R. MARTINEZ, OF TEXAS, TO BE UNITED STATES Mr. REID. Madam President, I ask DISTRICT JUDGE FOR THE WESTERN DISTRICT OF Mr. REID. Madam President, I ask unanimous consent that when the Sen- TEXAS, VICE A NEW POSITION CREATED BY PUBLIC LAW unanimous consent that the concur- 106–553, APPROVED DECEMBER 21, 2000. ate completes its business today, it C. ASHLEY ROYAL, OF GEORGIA, TO BE UNITED STATES rent resolution and preamble be agreed stand in adjournment until 9:30 a.m., DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF GEOR- to en bloc, the motion to reconsider be Wednesday, October 10; that on GIA, VICE DUROSS FITZPATRICK, RETIRED. laid upon the table en bloc, and that Wednesday, following the prayer and IN THE COAST GUARD any statements relating thereto be the pledge, the Journal of proceedings THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT printed in the RECORD, with the above be approved to date, the morning hour IN THE UNITED STATES COAST GUARD TO THE GRADE IN- DICATED UNDER TITLE 14, U.S.C., SECTION 271: occurring with no intervening action be deemed expired, and the time for the or debate. two leaders be reserved for their use To be rear admiral (lower half) The PRESIDING OFFICER. Without later in the day; that the Senate then CAPT. DALE G. GABEL, 0000 objection, it is so ordered. CAPT. JEFFREY M. GARRETT, 0000 resume consideration of the motion to The concurrent resolution (S. Con. CAPT. DAVID W. KUNKEL, 0000 Res. 63) was agreed to. proceed to S. 1447, the aviation secu- CAPT. DAVID B. PETERMAN, 0000 The preamble was agreed to. rity bill; and further, that all time dur- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ing the adjournment be counted under IN THE UNITED STATES COAST GUARD RESERVE TO THE The concurrent resolution, with its GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: preamble, reads as follows: rule XXII. The PRESIDING OFFICER. Without To be rear admiral S. CON. RES. 63 objection, it is so ordered. REAR ADM. (LH) MARY P. O’DONNELL, 0000 Whereas more than 76,000 men, women, and children currently await life-saving trans- f To be rear admiral (lower half) plants; ADJOURNMENT UNTIL 9:30 A.M. CAPT. DUNCAN C. SMITH III, 0000 Whereas every 14 minutes another name is TOMORROW THE FOLLOWING NAMED OFFICER FOR APPOINTMENT added to the national transplant waiting IN THE UNITED STATES COAST GUARD RESERVE TO THE list; Mr. REID. Madam President, if there GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Whereas people of all ages and medical his- is no further business to come before To be rear admiral (lower half) tories are potential organ, tissue, and blood the Senate, I now ask unanimous con- donors; sent that the Senate stand in adjourn- CAPT. STEPHEN W. ROCHON, 0000 Whereas more than 2,300 of those awaiting ment in accordance with S. Res. 169, as IN THE ARMY transplants are under the age of 18; a further mark of respect to the late Whereas approximately 14,000 children and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT majority leader, Senator Mike Mans- IN THE UNITED STATES ARMY TO THE GRADE INDICATED young adults under the age of 18 have do- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND nated organs or tissue since 1988; field. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601, There being no objection, the Senate, AND TO BE A SENIOR MEMBER OF THE MILITARY STAFF Whereas science shows that acceptance COMMITTEE OF THE UNITED NATIONS UNDER TITLE 10, rates increase when donors are matched to at 7:08 p.m., adjourned until Wednes- U.S.C., SECTION 711: recipients by age; day, October 10, 2001, at 9:30 a.m. To be lieutenant general Whereas organ donation is often a family f decision, and sharing a decision to become a MAJ. GEN. GEORGE W. CASEY JR., 0000 donor with family members can help to en- NOMINATIONS IN THE NAVY sure a donation when an occasion arises; Executive nominations received by Whereas nationwide there are up to 15,000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate October 9, 2001: IN THE UNITED STATES NAVY TO THE GRADE INDICATED potential donors annually, but consent from FEDERAL HOUSING FINANCE BOARD WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND family members to donation is received for RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: less than 6,000; JOHN THOMAS KORSMO, OF NORTH DAKOTA, TO BE A DIRECTOR OF THE FEDERAL HOUSING FINANCE BOARD To be vice admiral Whereas educating young people about FOR A TERM EXPIRING FEBRUARY 27, 2009. (REAPPOINT- organ and tissue donation promotes family MENT) VICE ADM. CHARLES W. MOORE JR., 0000 discussions over the desire of family mem- JOHN THOMAS KORSMO, OF NORTH DAKOTA, TO BE A DIRECTOR OF THE FEDERAL HOUSING FINANCE BOARD IN THE ARMY bers to become organ donors; FOR A TERM EXPIRING FEBRUARY 27, 2002, VICE LAW- THE FOLLOWING NAMED ARMY NATIONAL GUARD OF RENCE U. COSTIGLIO, TERM EXPIRED. Whereas Youth For Life: Remembering THE UNITED STATES OFFICER FOR APPOINTMENT TO Walter Payton is committed to educating DEPARTMENT OF STATE THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: young adults about organ donation and en- CHARLES S. SHAPIRO, OF GEORGIA, A CAREER MEMBER couraging students to discuss this decision OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- To be colonel with their family and register to be organ COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA STEPHEN C. BURRITT, 0000 donors; TO THE BOLIVARIAN REPUBLIC OF VENEZUELA. Whereas the Youth For Life: Remembering ERNEST L. JOHNSON, OF LOUISIANA, TO BE AN ALTER- IN THE NAVY Walter Payton program is dedicated to foot- NATE REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE FIFTY-SIXTH SESSION OF THE GEN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ball legend Walter Payton, who broke the ERAL ASSEMBLY OF THE UNITED NATIONS. TO THE GRADE INDICATED IN THE UNITED STATES NAVY NFL career rushing record on October 7, 1984; WILLIAM J. HYBL, OF COLORADO, TO BE REPRESENTA- UNDER TITLE 10, U.S.C., SECTION 624: and TIVE OF THE UNITED STATES OF AMERICA TO THE FIFTY-SIXTH SESSION OF THE GENERAL ASSEMBLY OF To be captain Whereas Youth For Life: Remembering THE UNITED NATIONS. MICHAEL S. SPEICHER, 0000 Walter Payton Day will be held on October 9, NANCY CAIN MARCUS, OF TEXAS, TO BE AN ALTER- 2001: Now, therefore, be it NATE REPRESENTATIVE OF THE UNITED STATES OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Resolved by the Senate (the House of Rep- AMERICA TO THE FIFTY-SIXTH SESSION OF THE GEN- TO THE GRADE INDICATED IN THE UNITED STATES NAVY ERAL ASSEMBLY OF THE UNITED NATIONS. resentatives concurring), That Congress— UNDER TITLE 10, U.S.C., SECTION 624: NATIONAL LABOR RELATIONS BOARD (1) supports the purposes and objectives of To be commander Youth For Life: Remembering Walter RENE ACOSTA, OF VIRGINIA, TO BE A MEMBER OF THE NATIONAL LABOR RELATIONS BOARD FOR THE REMAIN- GARY W. LATSON, 0000 Payton; and DER OF THE TERM EXPIRING AUGUST 27, 2003, VICE JOHN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (2) encourages all young people to learn C. TRUESDALE, RESIGNED. TO THE GRADE INDICATED IN THE UNITED STATES NAVY about the importance of organ, tissue, bone THE JUDICIARY UNDER TITLE 10, U.S.C., SECTION 624: marrow, and blood donations and to discuss JULIA SMITH GIBBONS, OF TENNESSEE, TO BE UNITED To be lieutenant commander these donations with their families and STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT, VICE friends. GILBERT S. MERRITT, RETIRED. ROBERT S. SULLIVAN, 0000

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