September 10, 2007 CONGRESSIONAL RECORD — SENATE S11317 As Minnesota continues to clear the the rollcall vote on the confirmation of and questions, to inadequate commu- path for a new bridge, I know this William Lindsay Osteen, Jr., to be U.S. nications from Federal authorities body, as they promised that evening, District Judge for the Middle District about new facilities and procedures. stands ready to ensure that the appro- of North Carolina. Had I been present Such a top-down approach does not priate funding is made available to re- for this vote, I would have voted to work well in interwoven communities build it. It is one of the most heavily confirm this nomination. along the border where people cross traveled bridges in the State and vital f daily from one side to the other for to our economy. If anyone would imag- jobs, shopping, and cultural events. PRESERVING STRONG RELATIONS ine the most major bridge in their met- I live an hour’s drive from the Cana- WITH OUR INTERNATIONAL ropolitan area, the most major high- dian border. Traditionally in my State, NEIGHBORS way overpass, suddenly falling into a as in most border States, people go river, you would understand. It is a Mr. LEAHY. Mr. President, among back and forth all the time. Many of us bridge that takes people downtown, the important issues I wish to discuss have family members in Canada. We that brings students to one of the big- this morning is an important issue, an have enjoyed an over 5,000-mile-long gest universities in this country, and it international border issue with our unguarded frontier. Canada has been an brings hard-working Minnesotans to friends and neighbors in Canada and important trading partner. It has been their jobs every day. But most impor- Mexico, that could have severe impli- a friendly neighbor not only to tant, it is the bridge that connects cations for the social and economic Vermont but to the rest of the United countless people with their families ways of life for border communities in States for more than 200 years. It is in and friends. my own State of Vermont but all the best interest of both of our coun- On August 3, this Congress made a across the country. tries to keep those relationships as promise to the people of Minnesota In the wake of the September 11 ter- positive and productive as possible. that we would help rebuild the bridge. rorist attacks, a number of new border Post 9/11, everyone on both sides of the Today I come to the floor to ensure security measures have been put in border recognized the potential threat that we make good on that promise. place, all with the express goal of pre- and security needs. We have hardened I am very happy with and I supported venting another terrorist incident. I security around the U.S. Capitol, hard- this effort to look at repairs across the worked hard to provide balance and ened it around the White House, and country. That is what we just voted on needed resources and to ensure that in built fences near San Diego. But those today, and it passed. But I think we the intervening years we did not focus procedures do not work on Canusa Ave- should make clear that appropriation solely on our southern border. I also nue in Beebe Plain, a two-lane road did not include the money that Con- have tried to convey to the administra- where one side of the road is Vermont gress promised for the Minnesota tion and to this body something of the and the other side is Quebec. That is bridge. It was used as the key example special relationship we have with our actually true. This is a street, an ave- of why we needed to make repairs northern neighbor, Canada. nue. On one side, you are in Vermont; across the country, but it did not in- It is convenient to forget that most on the other side, you are in Quebec. clude the money to repair our bridge. of the 9/11 hijackers entered the United What are we going to do, put an enor- The last time I addressed this body, States with legal visas. They would not mous barrier down the middle of the the day after the bridge collapsed, I have been stopped at any border. Some street? People are used to going back said the rebuilding effort is going to be were on secret watch lists by this Gov- and forth to their neighbors to borrow a long process. It is not just going to ernment, but they were not being a cup of flour or something such as end tonight. Today I am here to take watched. And even later on, the Bush that. Are they going to take two hours the next step in that rebuilding proc- administration sent them official let- to go through some kind of an unneces- ess. Our goal is to get this bridge re- ters after they had killed themselves sary, baseless search? built and to get our metropolitan area and thousands of innocent people in And we have the Haskell Free Li- moving again. their attacks. The Bush administration brary and Opera House in Derby Line, The Minnesota Department of Trans- had them on a watch list but did not VT, and Stanstead, Quebec. The library portation concluded that the loss of watch them. In reaction, after these and opera house is half in Derby Line, this critical bridge costs our economy mistakes, the administration has de- VT, half in Stanstead, Quebec. It strad- $400,000 per day. This is primarily due manded billions of dollars for con- dles the international border. Mr. to lost travel time for commuters, for structing border fences, seeking to de- President, I invite you to come see commercial truckers, for businesses velop and to deploy surveillance tech- that some time. It is a beautiful piece closed down. This means our economy nologies, and adding troops along our of architecture. has already lost well over $8 million borders. Now in doing this, we have That is why I am so troubled by the since the bridge collapsed. snared some illicit drug shipments, we so-called Western Hemisphere Travel As this fiscal year comes to a close, have snared a few criminals. We have Initiatives, which would require indi- I am dedicated to getting the funding not picked up many terrorists. viduals from the United States, Can- for our State and the entire Midwest. Nobody questions that any country ada, Mexico, and the Caribbean to We need to rebuild this bridge. We has a right to protect its borders, as we present passports or other documents would like to rebuild this bridge as do to protect ours, but we should do it proving citizenship before entering the soon as possible, as I know this country sensibly and intelligently. Instead, the United States. This is a dramatic wants to do and this body pledged to administration’s policy threatens to change in the way border crossings do. That is why we will work on this fray the social fabric of countless com- have been processed in the western bill and whatever other bills we need to munities that straddle the border. hemisphere since the Treaty of Paris work on to get this funding for this They have needlessly offended our set up the international boundary to bridge. neighbors, they have sacrificed much of Canada in 1783. That is already costing I applaud the efforts of my colleagues the traditional good will we have en- us greatly. to get bridge repair for every State joyed, and they have undermined our The Departments of State and Home- across the country, but we are devoted own economy in border States. Local land Security have been charged with to ensuring that Congress make good chambers of commerce along the bor- implementing this law. They should be on its promise and rebuild this bridge der estimate that the costs of the ad- coordinating their efforts with our that is the symbol for why we need to ministration’s plans will amount to neighbors in Canada, Mexico, and the make infrastructure repairs across this hundreds of billions of dollars and, I Caribbean to ensure a smooth transi- country. might say, the loss of thousands upon tion at our borders. Unfortunately, as I f thousands of American jobs. detailed to Secretary Rice and Sec- I have heard from many Vermonters retary Chertoff on several occasions, VOTE EXPLANATION about problems they have encountered there are serious problems in the ways Mr. DURBIN. Mr. President, this at U.S. border crossings, from long in which their agencies have pushed morning, due to flight delays, I missed traffic backups to invasive searches forward with implementation of the

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If these critical features of dreds of billions of dollars in jobs in er there are more effective mechanisms deployment are not in place, we are America, that we spend a tiny fraction to ensure appropriate oversight of sur- going to see severe delays at our bor- of that talking about our northern bor- veillance involving U.S. persons. We der, and law-abiding citizens from the der now, working with our friends in need to restore the proper balance in United States, Canada, Mexico, and the Canada, and do a better job of intel- order to maintain our security while Caribbean will have great difficulties ligence and identifying possible terror- preserving the constitutional rights of moving between our countries. Most ists. Americans and providing appropriate importantly, a hasty implementation Unfortunately, my calls and the oversight of executive action involving without assurances that the tech- pleas from border communities from private communications of Americans. nology to be used is truly effective can Maine to Alaska—for that matter, Just this past weekend, we saw re- actually result in a less secure border. from California to Texas—have been ports indicating that the President’s Month after month, and despite hear- largely ignored. This administration is surveillance program of Americans was ing after hearing, the Department of setting the American people up yet much more extensive than he had led Homeland Security, one of the least again for a fiasco of failure and frustra- us to believe. The New York Times re- functional Departments in our Govern- tion. ported that the FBI was not just con- ment, and the Department of State has Since DHS and State keep saying cerned about known or even suspected highhandedly rushed to impose this WHTI is a congressionally mandated al-Qaida operatives, as the President new border crossing plan on the Amer- program, they should stop opposing the spokespeople repeated over and over ica people before they are ready with bicameral and bipartisan flow moving since the programs became known in the necessary technology, infrastruc- through Congress to shift the new re- December 2005, but with casting a ture, and training, and at every step quirement to June of 2009. They have much wider net for information about their rosy assurances to the Congress been warned repeatedly that they are what they termed a ‘‘community of in- and the American people have been not ready. Even the fresh embarrass- terest.’’ We need to examine how far wrong. The administration’s record on ment of this passport debacle does not this so-called link analysis has gone, implementing the new passport pro- humble these arrogant purveyors of a how far down the daisy chain it has gram is clear, and it has been abysmal. failed program. In the memorable gone, what use was made of the private Hundreds of Vermonters have been words of President Bush: They are call information, and whether private calling my office for assistance in sal- doing a ‘‘heck of a job.’’ The incom- information of innocent Americans has vaging their travel plans. I know that petence that led to the human and eco- been collected and retained in Govern- Americans from other States have ex- nomic tragedy of Katrina and its after- ment databases without any authoriza- perienced high levels of concern and math, a tragedy that has not been rec- tion. How many innocent Americans problems as well. We have been doing tified for more than 2 years, is striking who called someone else, who may have what we can, passport by passport, but again. By maintaining the fiction that had some innocent contact with some- a large backlog persists. they will be ready to implement the The huge passport backlogs prompted one else, are now in a Government largest phase of this program next Jan- database and suddenly wonder why by the launch of DHS’s requirement for uary, they are recklessly risking the air travel passports earlier this year they didn’t get a job promotion or why travel plans of millions of Americans, their child wasn’t able to get a student are just a taste of the chaos that is but they are also risking the economies likely next summer when they want to loan? It is telling that as this story be- of scores of States and communities. came public—this always happens only start enforcing passport checks at our Today is September 10. Tomorrow is when it becomes public—the FBI re- land and sea borders. DHS, which has the sixth anniversary of the attacks. I sponded by saying that this data is ‘‘no difficulty implementing most of their remember that day so well, being right longer being used’’ and, of course, ‘‘was programs, said it will be very easy; here in Washington. The administra- used infrequently.’’ Is the administra- look how well it is working for those tion’s failure to prevent those attacks, tion nonetheless going to prevent Con- who are flying to have the passports. to connect the dots, to take seriously gress from obtaining the information it They had press conferences, they had the warnings of Richard Clarke, to lis- needs to provide appropriate oversight? announcements, they got their talking ten to FBI field agents in Minnesota Will our patriotism be threatened anew points in the press on how well it is and Arizona, all because of the pre- if Congress seeks to examine the ad- working. And then, within weeks, they eminence of its ideological agenda, is ministration’s overreaching and inef- had to pull it back. Why? Because it no longer subject to denial. Those fail- fectiveness? I hope not, but we will was not working. They did not have ures before 9/11 are no excuse to in- have to see. The very first hearing we anything in place to make it work. And dulge in authoritarian excesses now held before the Senate Judiciary Com- that is only about 5 to 10 percent of the and in the future. actual traffic that will go across these When we sacrifice our freedoms, mittee this year was on data mining. borders. Well, think what is going to Americans lose and the terrorists have With the leadership shown by Senator happen next summer when they start taken from us what they cannot by FEINGOLD, we have passed a reporting enforcing passport checks at our land force of arms. As we commemorate the requirement on Government data min- and sea borders. If they cannot handle sacrifices of so many that took place 6 ing. Now we need to follow up and get the small percentage, what is it going years ago tomorrow, we need to rededi- the information we need and exercise to be like when they have to do it for cate ourselves to American principles oversight authority. 100 percent? and values. The first week in October, we are I have been urging the State Depart- In the days ahead, the Judiciary looking forward to hearing from Pro- ment and the Department of Homeland Committee will be holding a series of fessor Jack Goldsmith, who served at a Security not to rush into establishing hearings into important security mat- critical juncture in 2004 as the Assist- rules and procedures that shut our bor- ters. Today I am writing to the Direc- ant Attorney General for the Office of ders to legitimate travel and trade and, tor of National Intelligence inviting Legal Counsel to the Department of instead, work with our neighbors, co- him to join us on September 25 for a Justice. In that capacity, he considered ordinate with our neighbors on secu- hearing into warrantless surveillance the constitutional underpinnings of the rity plans that might actually work. of Americans. President’s program of warrantless We can be smarter and more effective, I am not convinced that the sweeping wiretapping and helped lead the way to rather than arrogantly insulting our scope and lack of checks and balances changes in that clandestine surveil- traditional friends in Canada and Mex- in the recently enacted temporary lance affecting the rights of every sin- ico. We have worked with them on amendment to the Foreign Intelligence gle person in this Chamber and all joint intelligence operations to iden- Surveillance Act are necessary to ad- other Americans.

VerDate Aug 31 2005 02:53 Sep 11, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10SE6.013 S10SEPT1 bajohnson on PROD1PC71 with SENATE September 10, 2007 CONGRESSIONAL RECORD — SENATE S11319 This past week, we were reminded bear? I hope all Senators, Republicans I am personally indebted to Senator yet again of the need to improve the and Democrats, will join together in Brewster for the wisdom and advice he operations of the Terrorist Screening the days ahead as we did 6 years ago, shared with me as a newly elected Sen- Center, which failed to make watch list when so many of us stood on this floor ator. This past spring, he, along with records of suspected known terrorists and joined hands to do the things that former Senators Joe Tydings and available to front-line screening agents needed to be done. The American peo- Charles Mathias, Jr., met with me to but continues to list the names of inno- ple deserve a government that works share their insights. For this, I am for- cent Americans in its watch list data- and that works for them. American ever grateful. base. I won’t go through all of the sto- freedom and values need to be defended Senator Brewster and his wife Judy ries that come out of some of these and reinforced, not mortgaged to fleet- Lynn had five children: Gerry, who things: a year-old child having to get a ing and ill-considered promises of secu- served in the Maryland legislature, passport to fly and prove they are not rity. Daniel, Jr., Dana, Danielle, and a 45-year-old terror suspect or one of f Jennilie. On behalf of the citizens of the most senior Members of the Senate Maryland and this body, I wish to ex- being blocked 10 times from taking a TRIBUTE TO FORMER SENATOR tend our sincere condolences to Sen- flight he has been taking for 30 or 40 DANIEL BREWSTER ator Brewster’s family. He will be years because he is on a terrorist Mr. CARDIN. Mr. President, the missed by all. watch list. Somehow, they got the State of Maryland and the United f names mixed up. We saw a recent Gov- States lost a brave and committed pub- ernment Accountability Office report lic servant last month. Former Senator CONGRATULATING DR. on the Department of Homeland Secu- Daniel Brewster, who served in this es- BILLINGTON rity with its failing grades, having teemed Chamber during the 1960s, died Mr. DURBIN. Mr. President, an im- failed to achieve half its performance of cancer on August 19. portant anniversary will be marked on expectations since 2003. If you or I in Few Americans have the political an- September 14, at the Library of Con- college were to get a 50 or less on all cestry of Senator Brewster, who was a gress. Twenty years ago, in the Great our exams, we would be out on our ear direct descendant of Ben Franklin and Hall of the Thomas Jefferson Building, in a moment. This is what we have the former Attorney General for Presi- then-President Reagan presided over seen from the Department of Homeland dent Chester Arthur. Public service the swearing-in of Dr. James H. Security. We heard from an inde- came naturally to this man, whose life Billington as the 13th Librarian of Con- pendent commission and former mili- and work showed his commitment to gress. tary leaders who indicated the Iraqi po- our country. He first gave to this coun- When he was appointed, Dr. lice force is so riddled with corruption try through his military service as a Billington brought great expertise to and sectarianism that they should be decorated war hero, wounded seven the Library, both as the world’s pre- disbanded, and after 4 years and hun- times during his service in Guam and mier scholar of Russian culture and dreds of millions of American taxpayer Okinawa. Then he served as an elected history and as director of the Woodrow dollars, we should start over from official for 18 years. He served in the Wilson International Center for Schol- scratch. We can’t even find half the ars. His vision, and the hard work of so weapons we have given them until they Maryland House of Delegates starting many dedicated Library staff members, turn up in terrorist hands. But we send in 1950, was elected to the House of has led to continued growth of the Li- these hundreds of millions of dollars to Representatives in 1958 and then to the brary of Congress. He has fulfilled the the Iraqi police force and we tell the Senate in 1962. promise made on September 14, 1987— police in America: We have to cut out Senator Brewster first came to poli- to make the riches of the Library more the COPS Program. We don’t have tics as an advocate for civil rights. In money for our American police. We his own Baltimore neighborhood, broadly available to ever widening cir- can’t afford to improve our American neighbors complained when he invited cles of our society. At the time, Senator Wendell Ford police because we have to send hun- African-American servicemen from remarked that the Library of Congress dreds of millions of dollars to the Iraqi World War II to his home. This was an ‘‘represents our nation’s commitment police. If I have to call a police officer, outrage to him. He would never slight I am going to call an American police a person, particularly soldiers who had to a knowledgeable citizenry.’’ Dr. officer. I would like to know that some courageously served to defend the Billington has upheld that commit- of that money was spent on them. American flag. Senator Brewster went ment by enhancing the Library and This past week also provided a re- on to cosponsor the Civil Rights Act of making its riches and inspiration minder of the need to refocus our ef- 1964, forever changing the course of his- available to all Americans. Under his forts on bin Laden. Six years after 9/11, tory in this country. leadership, the Copyright Office, the he has not been brought to justice but Senate Brewster represented much of Law Library, the Congressional Re- continues to taunt us. He should never what is great about public service: a search Service, and the National Li- have been allowed to escape when our desire and commitment to make this brary have seamlessly worked together forces had him cornered in Tora Bora. country better and stronger for every to build the collections and preserve One of the greatest mistakes of this ad- American, black and white, rich and them for future generations. ministration—not counting the great poor, farmer and businessman. The Library’s accomplishments of mistakes made before 9/11—was with- Senator Brewster had some very try- the last two decades are extraordinary. drawing our special forces and not pro- ing times in his life: First, at the age of The collections have expanded by 50 viding the support needed. That was 10 when his father died; then when he million items, and state-of-the art fa- another mistake driven by ideology. was beset with personal struggles in cilities have been built to ensure their Think how much better it would be the very public forum of public life. long-term preservation. The establish- today had they actually succeeded in The lesson he left for all of us is one ment of the Kluge Center for Scholars the one thing the whole Congress can rise above adversity, even in the and the Kluge Prize for Lifetime agreed on—to go and get bin Laden. face of trying times, and continue to Achievement in the Human Sciences They failed. The bipartisan leaders of serve the people of this great Nation. have enriched not only the scholarly the 9/11 Commission are right that the He did that and left this country and life of Washington but also have en- occupation of Iraq has provided a re- this Congress with a lasting legacy of abled Members of Congress to meet cruiting bonanza for al-Qaida and a accomplishments. thought leaders and benefit from their costly distraction. Iraq, a country that He left another legacy quite apparent perspectives. Also, the Library was a didn’t have al-Qaida, is now a recruit- today, introducing some of our coun- pioneer in online collections and serv- ing bonanza for them. We need to be try’s strongest leaders to the world of ices, launching American Memory, smarter and more focused in coun- politics. House Speaker NANCY PELOSI THOMAS, the World Digital Library tering terrorism. and House Majority Leader STENY and resources for teachers, students How many costly mistakes are the HOYER both started their political ca- and families across the Nation and American people going to be asked to reers working for Senator Brewster. world.

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