November 13, 2002 — SENATE S10875 (The amendment is printed in today’s gree amendment to H.R. 5005. Cloture a thorough, nonpartisan, independent RECORD under ‘‘Text of Amendments.’’) motions have been filed on the Thomp- inquiry into what happened on Sep- Mr. REID. Mr. President, I suggest son amendment and on the bill itself. tember 11, or to propose far-reaching the absence of a quorum. Mr. BYRD. So two cloture motions measures to protect our people and our The PRESIDING OFFICER. The have been filed? institutions against such assault in the clerk will call the roll. The PRESIDING OFFICER. That is future. The legislative clerk proceeded to correct. To this day, we have little informa- call the roll. Mr. BYRD. And in order of prece- tion on how 19 men armed with Mr. THOMPSON. Mr. President, I ask dence, which is the first? boxcutters could have so effectively unanimous consent that the order for The PRESIDING OFFICER. The first struck America. After every other such the quorum call be rescinded. cloture motion is on the Thompson tragedy in our Nation’s history, like The PRESIDING OFFICER. Without amendment. Pearl Harbor and President Kennedy’s objection, it is so ordered. Mr. BYRD. And the second is on assassination, independent investiga- CLOTURE MOTION the—— tions were immediately appointed to Mr. THOMPSON. Mr. President, I The PRESIDING OFFICER. On the examine what went wrong and rec- send a cloture motion to the desk to underlying bill. ommend needed reforms to prevent the pending substitute amendment. Mr. BYRD. The underlying bill being such tragedies from happening again. The PRESIDING OFFICER. The clo- House bill 5005. There has been no such review since ture motion having been presented The PRESIDING OFFICER. That is September 11. under rule XXII, the Chair directs the correct. This is what our proposed commis- clerk to read the motion. Mr. BYRD. I thank the Chair. I have sion would do. Its goal would be to The legislative clerk read as follows: nothing further. I yield the floor. make a full accounting of the cir- CLOTURE MOTION The PRESIDING OFFICER. Who cumstances surrounding the attacks, We, the undersigned Senators, in ac- yields time? including how prepared we were, and cordance with the provisions of rule Mr. REID. I suggest the absence of a how well we responded to this unprece- XXII of the Standing Rules of the Sen- quorum. dented assault. The commission would ate, hereby move to bring to a close The PRESIDING OFFICER. The also make comprehensive recommenda- the debate on the substitute amend- clerk will call the roll. tions on how to protect our homeland ment No. 4901 for H.R. 5005, the Home- The legislative clerk proceeded to in the future. It would examine not land Security legislation. call the roll. just intelligence but the range of Gov- John Breaux, Ben Nelson of , Mr. MCCAIN. Mr. President, I ask ernment agencies and policies, from Larry E. Craig, Jon Kyl, Mike DeWine, unanimous consent that the order for border control to aviation security to , Craig Thomas, Rick the quorum call be rescinded. diplomacy. Santorum, , Fred Thompson, The PRESIDING OFFICER. Without Learning the lessons of September 11 Phil Gramm, Pete Domenici, Richard objection, it is so ordered. The Senator will require asking hard questions. It G. Lugar, Olympia J. Snowe, Mitch from is recognized. will require digging deep into the re- McConnell. Mr. MCCAIN. Mr. President, I ask sources of the full range of Government The PRESIDING OFFICER. The Sen- unanimous consent to speak for 5 min- agencies. It will demand objective ator from Tennessee. utes as in morning business. judgment into what went wrong, what CLOTURE MOTION The PRESIDING OFFICER. Without we did right, and what else we need to Mr. THOMPSON. Mr. President, I objection, it is so ordered. do to deter and defeat depraved as- now send a cloture motion to the desk f saults by our enemies in the future. to the pending bill. No such review has occurred to date. INDEPENDENT COMMISSION TO IN- The PRESIDING OFFICER. The clo- Passage of the homeland security legis- VESTIGATE SEPTEMBER 11 AT- ture motion having been presented lation is a good start to making needed TACKS under rule XXII, the Chair directs the reforms, but to some extent we are fly- clerk to read the motion. Mr. MCCAIN. Mr. President, the leg- ing blind in our efforts to reform our The legislative clerk read as follows: islation Senator LIEBERMAN and I in- approach to homeland defense because CLOTURE MOTION troduced last year to create an inde- we still do not know what parts and We, the undersigned Senators, in accord- pendent commission to investigate the policies of the Government failed the ance with the provisions of rule XXII of the passed the Sen- American people last September 11. Standing Rules of the Senate, hereby move ate as an amendment to the homeland We do know, thanks to press leaks to bring to a close the debate on Calendar security bill by a vote of 90 to 8 in Sep- and the work of the joint intelligence No. 529, H.R. 5005, the Homeland Security tember. Days before the vote, the ad- committee, that significant failures oc- legislation. ministration issued a letter supporting curred. John Breaux, Ben Nelson of Nebraska, the creation of an independent com- The chairman and ranking member Larry E. Craig, Jon Kyl, Mike DeWine, mission. But Congress is about to ad- of the Senate Intelligence Committee Don Nickles, Craig Thomas, , Trent Lott, Fred Thompson, journ without having done so, to get it have suggested we might have pre- Phil Gramm, Pete Domenici, Richard done. vented the September 11 attacks had G. Lugar, Olympia J. Snowe, Mitch The agreement that was reached on we properly analyzed available infor- McConnell. the homeland security bill is a wel- mation. They strongly support our Mr. THOMPSON. Mr. President, I come development and will make our independent commission legislation to suggest the absence of a quorum. Nation more secure. But the agreed carry on the work their joint intel- The PRESIDING OFFICER. The text does not include our independent ligence investigation started. Together clerk will call the roll. commission proposal, despite an over- with Senators and DICK The legislative clerk proceeded to whelming Senate vote in September SHELBY, we have been negotiating in- call the roll. and despite its previous inclusion in tensively with the White House and re- Mr. BYRD. Mr. President, I ask unan- both the Lieberman and Gramm-Miller main hopeful we might reach an agree- imous consent that the order for the bills. ment with them to create a commis- quorum call be rescinded. I believe President bush and his team sion, but we believe Congress must The PRESIDING OFFICER. Without have responded admirably and with a speak on this issue. objection, it is so ordered. sense of purpose to the terrorist at- The families of September 11 will not Mr. BYRD. Mr. President, what is the tacks, and the joint intelligence com- rest until they have answers about how legislative situation in the Senate at mittee investigation into the associ- their Government let them down and this moment? ated intelligence failings has added to what we can do to make sure such The PRESIDING OFFICER. There is our understanding of what went wrong. tragedy never strikes America again. a pending Lieberman second-degree But neither the administration nor This is not a witch hunt. It is a search amendment to the Thompson first-de- Congress is alone capable of conducting for the answers that will enable us to

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10876 CONGRESSIONAL RECORD — SENATE November 13, 2002 better protect our Nation against fu- I think I can say for my friend from I have seen public opinion surveys ture attack by terrorists. It is about Arizona and myself if for some reason that say it represents the desire and the future, not the past. It is worthy of that does not work, we are going to opinion, quite naturally, not just of the the strong bipartisan support it has al- keep introducing it wherever and families of September 11 victims but of ready received. I urge my colleagues to whenever we think we can get a vote the American people. So while I join support this amendment. that will make it law. We owe this to my friend from Arizona in expressing I want to thank my friend from Con- the families of the September 11 vic- my gratitude that the White House has necticut for his efforts on behalf of this tims. again today restarted negotiations to commission. I want to thank him for I have met with them, as Senator try to reach an agreement, I must say his efforts on behalf of the families, MCCAIN has, several times. Their desire leaving this proposal for a commission and I want to thank the White House for this commission is in some ways out of this substitute that is now put for their continued negotiations. It is the strongest and most compelling ar- in to create a Department of Homeland time we wrapped up these negotiations gument anyone can make on its behalf, Security is inexplicable. I hope we can so this commission can be part of the because they asked us and they asked explain it by either putting it back in Homeland Security bill. America, having lost loved ones, how or coming to an agreement with the The PRESIDING OFFICER. The Sen- could September 11 have happened? We White House. It is that critical. ator from Connecticut. owe them an answer to that question, Mr. MCCAIN. Will the Senator yield Mr. LIEBERMAN. Mr. President, I and we have not given it to them yet. for one more question? thank my dear friend from Arizona for As Senator MCCAIN said, the work by Mr. LIEBERMAN. I would be glad to. his strong statement, for joining me in the Joint Intelligence Committee has Mr. MCCAIN. Is it not true, from con- introducing this amendment, and for revealed information, media investiga- versations with the families, that the his characteristic steadfastness in pur- tions have revealed information, that families do not want this commission suit of an important cause regardless only increases our understanding of created by executive order because of the opposition and where it comes how much more we need to know. The then it would not have the input of the from. Senate coleaders of the Intelligence legislative branch? And second of all, He and I introduced legislation last Committee, Senator GRAHAM and Sen- that other commissions in the past December. We are approaching a year ator SHELBY, are now strong supporters have all been created by acts of Con- ago. It was a few months after the of this commission idea. gress, not by executive order? Is that tragic attacks of September 11. We felt Going back to the families of the the Senator’s understanding? there should be an independent citizen September 11 victims, I do want to say Mr. LIEBERMAN. The Senator from commission, nonpartisan, with full the persistent advocacy of these fami- Arizona again is correct. There have powers of subpoena and adequate re- lies, led by Steve Push, Kristen been some commissions created by sources to investigate how could Sep- Breitweiser, Mary Fetchet, Beverly other bodies. But the ones in the most tember 11 have happened, because Eckert, and so many others, despite important cases have been created by clearly the fact it did happen said we their great personal loss, has inspired Congress. On the first point, which is a were not adequately protecting the not only my deep admiration but our powerful point, it is the clear desire of American people. We were insistent continuing commitment to fight for the families of the victims of Sep- that this kind of investigation occur so this commission until it comes to fru- tember 11 that this commission be cre- we could learn how to prevent it from ition. We are not interested in pointing ated by Congress. We ought to create ever happening again. fingers. This is all about our common it. This was a national catastrophe. There have been roadblocks along the security, and improving it is our com- As we create a Department of Home- way, but we have continued to state, mon responsibility. and we state again, we are not going to I hope our colleagues will join us in land Security to protect the American give up this fight until such an inde- supporting this amendment to the people from that ever happening again, pendent commission is created because Homeland Security bill and restoring we ought to, as the representatives of we cannot rest until the truth and the this provision to create an independent all the people of this country, all of whole truth, so help us God, as best as commission on September 11. them in this terrible new era we have anyone is able to find it, is determined Mr. MCCAIN. Will the Senator yield? entered, potentially victims of ter- about September 11. Because without Mr. LIEBERMAN. I yield to my rorism—we, as their representatives, that unlimited, unvarnished, uninhib- friend. ought to say loudly and together, hope- ited truth, we are not going to be able Mr. MCCAIN. Will the Senator agree fully together with the administration, to inform this new Department of it is a bit surprising we have not been we can never know too much about Homeland Security adequately. able to make greater progress on this how September 11 happened. We do not This measure of ours passed the Sen- commission since there was a recorded know enough now how September 11 ate earlier this year when we were con- vote in the Senate of 90 to 8, and it was happened. The one best way to know as sidering the Homeland Security meas- included in the Homeland Security much as we can of the truth about Sep- ure. It passed overwhelmingly with bi- bills prior to this latest iteration? tember 11 is to create a strong, non- partisan support. In fact, the so-called Again, I want to thank the White political commission with full re- Gramm-Miller substitute incorporated House for their active participation, sources and powers of subpoena to get this provision, which I was very grate- but I hope that mandate would be felt to the truth. ful to Senator GRAMM and Senator MIL- by one and all. A 90-to-8 vote usually The day for this commission will LER for doing, and Senator MCCAIN was does not seem to have difficulty, at come. The arguments for it are irre- a great advocate for that cause. least from the Senate side, in becoming sistible. Let us hope that day is sooner In the substitute introduced by Sen- a part of legislation. than later. I thank my friend from Ari- ator THOMPSON, in coordination with Interestingly, we do not find it in the zona for his persistence and advocacy. the White House and the House, the Homeland Security bill. In the interest Also, it is an honor to work with him. commission proposal is not in it, and of straight talk, if there is a cloture We will stand shoulder to shoulder that is not acceptable. Senator MCCAIN vote and it is not in there at that time, with a lot of other Members, of both has said happily we continue to nego- then the amendment for a commission parties, of this body to get this com- tiate with the White House up until will fall because of nongermaneness, a mission created. this moment, hopeful that an agree- situation which I do not think is really I yield the floor and suggest the ab- ment can be secured that will create what was intended when we had a 90-to- sence of a quorum. the aggressive, independent, non- 8 vote on this issue in the Senate. The PRESIDING OFFICER. The political commission this tragedy re- Mr. LIEBERMAN. The Senator from clerk will call the roll. quires. But if it is not, and we have not Arizona is quite right. He remembers The assistant legislative clerk pro- reached an agreement yet, we are going the numbers exactly. It was a 90-to-8 ceeded to call the roll. to do everything we can to reinsert vote—very strong bipartisan support Mr. DURBIN. Madam President, I ask this commission into this Homeland for this idea. That support ought not be unanimous consent that the order for Security bill where it belongs. frustrated. the quorum call be rescinded.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10877 The PRESIDING OFFICER (Mrs. lina Sheriffs’ Association. Ten years international marketplace through CLINTON). Without objection, it is so later, he was elected President of the such programs as the Export Enhance- ordered. National Sheriff’s Association. Johnny ment Program and the Targeted Ex- f Mack’s selection to these prestigious port Assistance program—now the positions is a testament to his capacity Market Access Program—and for its MORNING BUSINESS to lead others. landmark provisions in support of nat- Mr. DURBIN. Madam President, I ask Johnny Mack Brown has also been ural resource conservation, such as the unanimous consent that there be a pe- the recipient of numerous awards. In Conservation Reserve Program. riod for morning business with Sen- 1990, the Lion’s Club of Greenville When I think of Senator HELMS as a ators permitted to speak therein for up awarded Johnny Mack the Distin- person, two characteristics stand out. to 5 minutes. guished Citizen Award, and in 1998, the First and foremost, I think of him as a The PRESIDING OFFICER. Without Blue Ridge Council of the Boy Scouts gentleman always, one who gives cur- objection, it is so ordered. of America awarded him another Dis- rent meaning to an old-fashioned term: f tinguished Citizen Award. In 1999, the courtly. Refined in his manners and re- Pleasantburg Lion’s Club named him spectful toward others, he brings a THE CONFIRMATION OF JOHNNY Southern charm and grace to all that MACK BROWN TO BE UNITED as its Citizen of the Year. Johnny Mack Brown is also a 1993 recipient of he does, and a civility to political dis- STATES MARSHAL FOR THE DIS- course that sadly is too often lacking TRICT OF SOUTH CAROLINA the Order of the Palmetto, South Caro- lina’s highest civilian award. today. Mr. THURMOND. Mr. President, I am Johnny Mack Brown’s law enforce- Second, he has displayed even in the pleased that the Senate has confirmed ment credentials and his leadership twilight of his career an openness and Johnny Mack Brown to be United skills will serve him well as United a tolerance toward others who hold States Marshal for the District of States Marshal in the District of South views that he may not always have South Carolina. Johnny Mack Brown is Carolina. He is truly a deserving man shared. In that respect, he has dis- a man of outstanding character and is who has striven to serve the public played a capacity for growth and un- highly qualified to serve as a United with honor and integrity for many derstanding that should serve as an in- States Marshal. He will serve our Na- years. He will be a very successful spiration to the rest of us. tion well. United States Marshal, and I am proud I know that I am joined by all of my colleagues in wishing Senator HELMS Johnny Mack has over 30 years’ expe- to see him confirmed. rience in law enforcement. In 1966, he and his wife Dorothy a long restful, f went to work for the South Carolina and fulfilling retirement together in Department of Probation, Parole & TRIBUTE TO JESSE HELMS North Carolina. Pardon, serving as a probation officer. Mr. CONRAD. Madam President, I f From there, he joined the Thirteenth take this opportunity to recognize the PASSAGE OF S. 1868 Circuit Solicitor’s Office and worked as distinguished career of one of our retir- Mr. BIDEN. Madam President, I am an investigator for four years. ing colleagues, the senior Senator from pleased the Senate passed S. 1868 by Mr. Brown’s success soon provided North Carolina, Senator HELMS. unanimous consent on October 17, him with opportunities to showcase his Senator HELMS began his service in along with a Biden-Thurmond sub- substantial leadership skills. In 1973, he the U.S. Senate in January of 1973. stitute. Enactment of this measure will became the director of the Municipal When he retires at the end of this year, make our children safer, and I rise Offender Program at the Greenville at the conclusion of his fifth term, he today to explain several of the bill’s City Municipal Court in Greenville, SC. will have served the public as a U.S. provisions. From 1974 to 1976, he served as Director Senator for a full 30 years. Those of us Today, 87 million of our children are of the Pre-Trial Diversion Program in who have had the privilege of being a involved in activities provided by child the Thirteenth Circuit Solicitor’s Of- member of this institution understand and youth organizations which depend fice. well the commitment, hard work, dedi- heavily on volunteers to deliver their After his time at the Solicitor’s of- cation, and personal sacrifice that services. Millions more elderly and dis- fice, Johnny Mack decided to run for make such a record possible. abled adults are served by public and office himself. He was elected in 1976 as Senator HELMS’ lengthy career in the private service organizations. Organi- the Sheriff of Greenville County, SC. Senate actually represented the con- zations across the country, like the He was subsequently re-elected five tinuation of an already notable and Boys and Girls Clubs, often rely solely times and served a total of 24 years as varied public life that included, among on volunteers to make these safe ha- Greenville’s beloved sheriff. other things, service in the U.S. Navy vens for kids a place where they can As sheriff, Johnny Mack Brown from 1942 to 1945, senior staff positions learn. The Boys and Girls Clubs and served with distinction. He proved him- under two U.S. Senators, two terms on others don’t just provide services to self to be a strong leader, and it is no the Raleigh, NC, City Council, and a kids, their work reverberates through- wonder that he was elected to a total host of leadership positions with civic, out our communities, as the after- of six terms. There is no doubt that business, and educational organiza- school programs they provide help keep Johnny Mack Brown’s constituents felt tions. kids out of trouble. This is juvenile secure with him as their sheriff. The During our time in the Senate, I have crime prevention at its best, and I sa- voters’ repeated endorsement of John- come to know Senator HELMS best as a lute the volunteers who help make ny Mack is a tribute to his skill and fellow member of the Committee on these programs work. professionalism. Agriculture, Nutrition, and Forestry. Unfortunately, some of these volun- During his time as sheriff, Johnny While on the Committee, he proved to teers and employees come to their jobs Mack contributed to the State and na- be an outspoken and vigorous defender with less than the best of intentions. tional law enforcement community in of those commodities, such as peanuts According to the National Mentoring various ways. For example, he has and tobacco, that are important to Partnership, incidents of child sexual written numerous articles for law en- North Carolina’s vital agricultural sec- abuse in child care settings, foster forcement publications. These writings tor. But he has also shown himself to homes and schools ranges from 1 to 7 have dealt with topics such as the pro- be a leader for all of U.S. agriculture, percent. Organizations have tried to fessionalizing of sheriff’s offices, the as when he chaired the Agriculture weed out bad apples, and today most use of information technologies, and Committee during the period when conduct background checks on appli- the implementation of community pro- Congress wrote the Food Security Act cants who seek to work with children. grams for crime prevention. of 1985, otherwise known as the 1985 Unfortunately, these checks can often Mr. Brown has also served in promi- farm bill. That legislation is recog- take months to complete, can be ex- nent leadership positions at both the nized even today for its pensive, and many organizations do not state and national levels. In 1983, he groundbreaking commitment to keep- have access to the FBI’s national fin- served as President of the South Caro- ing U.S. agriculture competitive in the gerprint database. These time delays

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