George Allen

Mr. ALLEN

Mr. ALLEN. Mr. President, I wish to make a few observations after listening to this debate. When I came to the Senate and watched procedures and arguments, I came fairly quickly to the conclusion I never wanted to become accustomed to the way people think in Washington. In listening to this debate and wondering why we cannot vote on Senate Resolution 18, which very simply states who the chairmen are of the various committees and also determines who the Members are from each party on those committees, not an unfair but a very fair allocation of committees and spaces and seats on the committee based upon proportional representation. It is 51-48 plus 1, so, one extra seat, for the majority, the Republicans. What is getting missed is representative democracy. Being from the Commonwealth of Virginia, the home of James Madison, who wrote and authored the Constitution of the United States, to listen to the assertions of some on the floor from the other side of the aisle about the Constitution and all of their arguments in thwarting the vote on chairmanships and committee assignments so we can go forward on issues that matter to the real people in the real world in America, they say it is the Constitution that protects minority parties over majority parties. George Washington's farewell address warned against political parties. The Constitution was not created to protect political parties. James Madison, and our Founding Fathers, put forward the Constitution to protect the rights of the people, to protect their God-given rights. To talk about the Constitution as a defense for this obstructionism and this delay and dilatory practice would have James Madison stating this is a shameless, dilatory dilemma. It is holding up the business of the people of America. People recognize there are issues and ideas and measures that should have been acted upon last year--whether they were funding bills, or whether they were a variety of other issues. You can talk about improving Medicare with the prescription drug plan. It may be we need greater--and I agree we need greater--energy independence. I believe we need to make sure we have a more prosperous economy with tax policies and regulatory policies that allow more people to get work and get jobs for themselves and their families. I very much support the President's ideas as far as the job creation and economic growth packages. There are other ideas on education, on a variety of issues, including partial-birth abortion. It is all being stopped because of this delay. We talk about elementary civics with the school groups that come up and watch, people from around the world. They see the peaceful transition of power in this country. They see the people in the several States of the Union elect Senators and, as a result, there are a majority of Republicans. Now the people of this country expect a new leadership to go forward on a variety of issues, as I talked about, whether it is jobs, or health care matters, budgetary matters, or funding. We are a representative democracy and people have seen the transition of power from the local level of mayors and boards of supervisors on up to State legislators to Governors, to Presidents. This is a very unfortunate situation, that we sit here idly, worrying about some of these very picayune procedures. I ask my colleagues on the other side of the aisle, let's have a vote on S. Res. 18. I would like to see a vote because then those who vote will take whatever stand they want to take on it. They can say: I didn't want to be in favor of it because, whether it is office space or funding for staff, that can get worked out in the future; let's get moving with the business of the American people. What they want us to do is move forward on a variety of pressing issues, from national security to economic security, that affect the lives of real people in the real world. Bickering over such petty things as office space and staff allocations is beneath the dignity and the importance and the authority that is granted to us by the people of this country. Mr. President, let's act. Let's move forward. Stop the dilatory practices and let's act in a responsible manner. I yield the floor.

Mr. ALLEN

Mr. ALLEN. Mr. President, today I rise to introduce the Internet Tax Nondiscrimination Act of 2003, to permanently extend the moratorium on Internet access taxes, as well as prevent multiple and discriminatory taxes on the Internet. There are two postulates in life that guide me today: first, always stand strong for freedom and opportunity for all people; and second, always keep your word and keep your promises. As many in this chamber know, I have made permanently extending the moratorium on new taxes that discriminate against the Internet one of my top priorities since coming to the Senate. Looking back two years ago, as a rookie, I was pleased to work in the successful effort, with Senator McCain and others, to extend the moratorium on new Internet taxes for two years. Of course, I would have preferred to have a permanent moratorium and introduced S. 777 to do so back in 2001. I cannot ever envision a time when it will be desirable policy for any government to tax access to the Internet. I cannot ever conceive of any instance or event that will precipitate justification for multiple or discriminatory taxes on the Internet by any government, large or small, national, State or local. This has been a position I have held from 1997 during my days as Governor or Virginia when I was one of only four Governors with this position. I have promised the first bill I'd introduce in the 108th Congress would be a permanent ban on discriminatory taxes and Internet access taxes. I am one who stands on the side of freedom of the Internet, trusting free people and entrepreneurs, not on the side of making this advancement in technology easier to tax for the tax collectors. My legislation will permanently ban taxes on Internet access, as well as taxes on Internet transactions by multiple jurisdictions, and discriminatory taxes that unfairly target Internet transactions. The current moratorium on Internet tax is set to expire in November of this year. I want the members of this body to understand that the moratorium on Internet tax is completely unrelated to issues surrounding sales tax simplification. I was here for the previous debate when legislation extending this moratorium was bogged down and held hostage on the extremely complicated and cumbersome issue of sales tax collection. Since that time, I know State tax administrators have been working to simplify their sales tax system. However, I encourage my colleagues in the Senate that when considering the issue of sales tax simplification and business activity tax nexus that they do so separately from legislation that deals with the Internet tax moratorium. I understand most of the States are looking for more tax revenue, but the Internet Tax Nondiscrimination Act will not, and does not, prohibit States from collecting sales and use tax on electronic commerce. Rather, this legislation will permanently ban taxes placed on consumers to access the Internet, like the Spanish American War Tax on telephone service, and prohibits multiple and discriminatory taxes on Internet purchases, which are taxes that would apply more than once on the same product or taxes that are higher because of the method by which a product is purchased. The moratorium on Internet access taxes prohibits governments from placing taxes on top of the monthly rates Americans already pay to connect to the Internet. I am concerned that if this Congress were to allow new, discriminatory taxes on Internet access it would be allowing States and localities to contribute to the economic ``digital divide.'' For every dollar added to the cost of Internet access, we can expect to see lost utilization of the Internet by thousands of lower income American families nationwide. Now, more than ever, with our Nation's economy emerging from a recession and the Congress working with the President on an economic stimulus package, the people of this country need security with regard to their financial future. Any additional tax burdens on the Internet, will mean additional costs that many Americans cannot afford, forcing the poorest in our society to reduce or even forgo their use of the Internet as a tool for education, exploration and individual opportunity. The more expensive the government makes Internet access, the less likely people will be to buy advanced services, such as high-speed broadband connections, Internet protocol software, wireless WiFi devices and many other multimedia applications. In a time when technology and the Internet have grown into every aspect of our daily lives and where access to the Internet has become a necessity for Americans, will imposing taxes to access the Internet or levying taxes that discriminate against the Internet as a form of commerce ever be fair? The answer is that there will never be a time to tax access to the Internet nor impose discriminatory taxes on Internet commerce. The goal of the Internet Tax Nondiscrimination Act is simple and clear: the Internet should remain as accessible as possible to all people in all parts of our country, forever. I call on my colleagues to join me and cosponsor the Internet Tax Nondiscrimination Act of 2003, permanently extending the Internet moratorium on access, multiple and discriminatory taxes.

Mr. ALLEN

Mr. ALLEN. Mr. President, today I rise to introduce the Internet Tax Nondiscrimination Act of 2003, to permanently extend the moratorium on Internet access taxes, as well as prevent multiple and discriminatory taxes on the Internet. There are two postulates in life that guide me today: first, always stand strong for freedom and opportunity for all people; and second, always keep your word and keep your promises. As many in this chamber know, I have made permanently extending the moratorium on new taxes that discriminate against the Internet one of my top priorities since coming to the Senate. Looking back two years ago, as a rookie, I was pleased to work in the successful effort, with Senator McCain and others, to extend the moratorium on new Internet taxes for two years. Of course, I would have preferred to have a permanent moratorium and introduced S. 777 to do so back in 2001. I cannot ever envision a time when it will be desirable policy for any government to tax access to the Internet. I cannot ever conceive of any instance or event that will precipitate justification for multiple or discriminatory taxes on the Internet by any government, large or small, national, State or local. This has been a position I have held from 1997 during my days as Governor or Virginia when I was one of only four Governors with this position. I have promised the first bill I'd introduce in the 108th Congress would be a permanent ban on discriminatory taxes and Internet access taxes. I am one who stands on the side of freedom of the Internet, trusting free people and entrepreneurs, not on the side of making this advancement in technology easier to tax for the tax collectors. My legislation will permanently ban taxes on Internet access, as well as taxes on Internet transactions by multiple jurisdictions, and discriminatory taxes that unfairly target Internet transactions. The current moratorium on Internet tax is set to expire in November of this year. I want the members of this body to understand that the moratorium on Internet tax is completely unrelated to issues surrounding sales tax simplification. I was here for the previous debate when legislation extending this moratorium was bogged down and held hostage on the extremely complicated and cumbersome issue of sales tax collection. Since that time, I know State tax administrators have been working to simplify their sales tax system. However, I encourage my colleagues in the Senate that when considering the issue of sales tax simplification and business activity tax nexus that they do so separately from legislation that deals with the Internet tax moratorium. I understand most of the States are looking for more tax revenue, but the Internet Tax Nondiscrimination Act will not, and does not, prohibit States from collecting sales and use tax on electronic commerce. Rather, this legislation will permanently ban taxes placed on consumers to access the Internet, like the Spanish American War Tax on telephone service, and prohibits multiple and discriminatory taxes on Internet purchases, which are taxes that would apply more than once on the same product or taxes that are higher because of the method by which a product is purchased. The moratorium on Internet access taxes prohibits governments from placing taxes on top of the monthly rates Americans already pay to connect to the Internet. I am concerned that if this Congress were to allow new, discriminatory taxes on Internet access it would be allowing States and localities to contribute to the economic ``digital divide.'' For every dollar added to the cost of Internet access, we can expect to see lost utilization of the Internet by thousands of lower income American families nationwide. Now, more than ever, with our Nation's economy emerging from a recession and the Congress working with the President on an economic stimulus package, the people of this country need security with regard to their financial future. Any additional tax burdens on the Internet, will mean additional costs that many Americans cannot afford, forcing the poorest in our society to reduce or even forgo their use of the Internet as a tool for education, exploration and individual opportunity. The more expensive the government makes Internet access, the less likely people will be to buy advanced services, such as high-speed broadband connections, Internet protocol software, wireless WiFi devices and many other multimedia applications. In a time when technology and the Internet have grown into every aspect of our daily lives and where access to the Internet has become a necessity for Americans, will imposing taxes to access the Internet or levying taxes that discriminate against the Internet as a form of commerce ever be fair? The answer is that there will never be a time to tax access to the Internet nor impose discriminatory taxes on Internet commerce. The goal of the Internet Tax Nondiscrimination Act is simple and clear: the Internet should remain as accessible as possible to all people in all parts of our country, forever. I call on my colleagues to join me and cosponsor the Internet Tax Nondiscrimination Act of 2003, permanently extending the Internet moratorium on access, multiple and discriminatory taxes.

Mr. ALLEN

Mr. ALLEN. Madam President, I rise today to thank my colleagues in the House and in the Senate, as well as the leaders in the White House, who have worked very well together to arrive at a reasonable plan to allow this President the opportunity to properly establish a Department of Homeland Security and meet this threat before the 107th Congress adjourns. I especially want to thank Senators Fred Thompson and Phil Gramm for their tireless work and their dedication, commitment and, as always, their very thoughtful leadership. Both of these gentlemen, Senator Thompson of Tennessee and Senator Gramm of Texas, are concluding their distinguished service in the Senate, and what a perfect way to do it, with such a strong finishing kick in their sterling record of leadership. I believe the Department of Homeland Security proposal that we are now considering--the same one passed by the House last evening-- preserves the essential functions outlined in the President's plan while also addressing several changes that will help ensure successful implementation. Specifically, the new provisions clarify the roles and responsibilities of the Department and help form a top-notch workforce within the civil service framework. They also enhance research and development opportunities and protect civil liberties. I am hopeful that my colleagues will come together and support this proposal as soon as possible. Let's get the job done. The job needs to get done without any further dilatory or political delays. Since September 11 of 2001, we have all seen the need to improve our homeland security. This matter has been debated for many months. As Senator Specter said--I will paraphrase him--as far as I am concerned, it has been fine-tuned to near perfection. It may not be 100 percent of what everybody wants, but 98 or 99 percent is pretty good work. Madam President, as you may know, I am the chairman of the Republican high-tech task force, and I am very pleased to see that this proposal highlights the vital role technology and innovation play in our Nation's war to protect the people of our homeland from a variety of permutations of terrorism and terrorist threats. This measure recognizes the importance of information technology and research and development in achieving the most effective homeland security. There has been a lot of talk and a lot of focus on flow charts that talk about which department is here and which box goes here and this subagency there. All those flow charts are very interesting and relatively important, but most important is the flow of information, the ability of various Federal agencies to analyze the volumes of information and bits and facts and details--analyze all those thousands or tens of thousands of bits of information, analyze it, flag it, then act on it and, in some cases, also share that information within that Federal agency and also other Federal agencies, as well as State and local law enforcement agencies that also have a need to know that information. New technologies are being developed every day that can help save lives and improve the ability of our Government to fight and respond to terrorist threats. It is incumbent upon us as elected leaders to ensure our team, in fighting terrorism, is equipped with the best available and the most advanced technology. I have consistently maintained the Federal Government should and, indeed, must procure, adopt, and use these innovative technologies in an efficient and flexible manner in addressing this country's defense and homeland security needs. I wish to briefly touch on a few of the important provisions I have worked on with representatives from the technology community and my colleagues in the Senate, such as Senators Bennett, Warner, and Wyden, which, I am happy to say, are addressed in this legislation. Again, I thank Senator Thompson and Senator Gramm and their staffs for listening--listening to me and listening to my staff as well, and in particular I thank Frank Cavaliere--to these ideas in addressing these important provisions. Let me highlight a few of the more salient provisions. First, this proposal protects companies developing advanced technologies that help detect and prevent terrorism from assuming unlimited liabilities for claims arising from a terrorist strike. This provision helps ensure that effective antiterrorism technologies that meet stringent requirements are commercially available. The reality is that without these safeguards, the threat of unlimited liability prevents leading technology companies from providing their best products to protect American citizens, American businesses, and governmental agencies. The liability protections in this legislation are responsible to the Government, the industry, and also, very importantly, to the American taxpayer. I thank my colleague from Virginia, Senator Warner, for all his assistance, experience, and constructive leadership in this important aspect of the bill. Second, along with Senator Bob Bennett of Utah, I am very pleased to see this legislation remove some of the legal barriers to information sharing between private industry and the Government. The threat to this country's critical information systems is extraordinary and this bill establishes procedures that encourage private industry to share infrastructure vulnerability information with the Government. The dialog between the Government and the private sector will ultimately help identify and correct weaknesses in our Nation's critical infrastructure while not compromising any of the provisions or protections provided under the Freedom of Information Act in other government agencies. Information-sharing protections are particularly important in the area of cyber-security and threats. Taking preemptive measures to disclose vulnerabilities with the Government will help both the private and public sectors develop strategies to combat the numerous and constantly evolving cyber attacks threatening our Nation's critical infrastructure. I encourage industry, law enforcement, and Federal officials to continue to work to build trust-based relationships and processes that will foster more information-sharing reporting. Removing legal obstacles--which is what this bill does, which is very good--removing legal barriers to information sharing is very important and essential, but so is building trust. A national forum on combating e-crime and cyber-terrorism was held at the Computer Sciences Corporation offices in Northern Virginia just 2 weeks ago by the Information Technology Association of America and the U.S. Attorney's Office for the Eastern District of Virginia where they brought together law enforcement and private sector leaders from all around the country to address some of the remaining obstacles to improving cooperation. These are the types of efforts I encourage, and I am hopeful this legislation will continue to promote. Also included in the Thompson-Gramm amendment is the Federal Information Security Management Act, or FISMA, which will strengthen and protect the Federal Government's information and communications networks. FISMA establishes guidelines that are performance based. Let me repeat that. The guidelines are performance based so they can quickly adapt and respond to the fast-changing cyber-security threats. Strengthening the Government's information security is a vital component and piece of the homeland security puzzle. FISMA will foster accountability and make sure that every agency and department in our Federal Government prioritizes information security and promotes the use of commercially available technologies while avoiding technology- specific or product-specific government-wide security standards. This is vitally important in making sure we get procurement that is good for the taxpayers and allowing all those who have great ideas to offer their programs, their systems, their products, and their efforts. I am also happy to see this compromise proposal establishes a national technology guard or NET Guard. This is a bill that Senator Wyden and I introduced earlier this year to help local communities respond and recover from attacks on their information systems and communications networks. After the September 11 attacks, I, along with other Senators, received volumes of information from numerous companies about their varied products, their systems, their programs, and their ideas regarding the defense of our homeland. As public servants, we want to be sure the Government has the necessary structure and process in place to test and apply new technologies to meet our homeland security needs. The new Department of Homeland Security will have a designated center--and this is part of this bill--to serve as a technology clearinghouse to encourage and to support private sector solutions that enhance our homeland security. Lastly, the Thompson-Gramm amendment makes the coordination of our Federal, State, and local officials charged with protecting our homeland a national priority. Over the last year, I have strongly advocated that any homeland security plan focus on interaction with local public safety officials as they are really on the front line of combating terrorist threats and attacks. Specifically, I have worked in the Senate to promote the development at the local level of a voice and data interoperable communications system for Federal, State, and local emergency responders. Last year, this Congress appropriated $20 million for the CapWIN project. CapWIN has started to award contracts for the development of an interoperable communications system for Federal, State, and local public safety organizations in the greater Washington, DC area. That is Northern Virginia, the Maryland suburbs, and the District. The CapWIN project is a real-life example of adapting technologies, specifically communications technologies, to address and overcome existing national security concerns, as well as homeland security concerns in this region. I again thank my colleagues for listening to me, and to the tech community for their persistence and their positive leadership on this historic legislation. I respectfully urge all of my colleagues to support this carefully crafted measure that will help the President, Federal, State, and local agencies, and the private sector utilize the best innovations of technology, to analyze and respond and, thereby, protect the security of our American homeland. Madam President, I yield the floor.

Mr. ALLEN. Madam President, I ask unanimous consent that I may speak up to 15 minutes on the amendment.

Mr. ALLEN

Mr. ALLEN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded and that I be allowed to speak for as much time as I may consume.

Mr. ALLEN

Mr. ALLEN. Mr. President, I rise today to recognize that October is National Spina Bifida Awareness Month and to pay tribute to the more than 70,000 Americans, and their family members, who are currently affected by Spina Bifida, the nation's most common, permanently disabling birth defect. Spina Bifida affects more than 4,000 pregnancies each year, with more than half ending tragically in abortion. Each year 1500 babies are born with Spina Bifida, a terrible condition in which the spine does not close completely during the first few weeks of pregnancy. The result of this neural tube defect is that most babies suffer from a host of physical, psychological, and educational challenges, including paralysis, developmental delay, numerous surgeries, and living with a shunt in their skulls in an attempt to ameliorate their condition. After decades of poor prognoses and short life expectancy, due to breakthroughs in research, combined with improvements in health care and treatment children with Spina Bifida are now living long enough to become adults with the condition. However, with this extended life expectancy people with Spina Bifida now face new challenges education, job training, independent living, health care for secondary conditions, aging concerns, and other related issues. Therefore, we must do more to ensure a high quality of life for people with Spina Bifida so more families choose the blessing and joy of having a child with this condition. Fortunately, Spina Bifida is no longer the death sentence it once was and now most people born with Spina Bifida will likely have a normal or near normal life expectancy. The challenge now is to ensure that these individuals have the highest quality of life possible. One of my constituents, sixteen year-old Gregory Pote, is one of the 70,000 Americans who live with Spina Bifida. Gregory had the pleasure of visiting Capitol Hill this summer to hear his uncle testify before the Senate Subcommittee on Children and Families' hearing on ``Birth Defects: Strategies for Prevention and Ensuring Quality of Life.'' Greg's uncle, Hal Pote, President of the Spina Bifida Foundation, testified that one of his proudest moments was the morning that their family awoke before the crack of dawn and gathered together on the side of a street in Philadelphia to watch Greg carry the Olympic torch earlier this year. Despite this amazing accomplishment, it is important to note that at the age of sixteen Greg has already had more than twenty surgeries. It is my understanding that double-digit numbers for surgeries unfortunately are not unusual for children living with this condition. Therefore, it is essential that we do more to prevent and reduce suffering from Spina Bifida and take all the steps we can to ensure that Greg and the 70,000 other Americans like him who live with Spina Bifida every day can have the most productive and full lives possible. I would like to commend the Spina Bifida Association of America, SBAA, an organization that has helped people with Spina Bifida and their families for nearly 30 years, works every day, not just in the month of October, to prevent and reduce suffering from this devastating birth defect. The SBAA puts expecting parents in touch with families who have a child with Spina Bifida, and these families answer questions and concerns and help guide expecting parents. The SBAA then works to provide lifelong support and assistance for affected children and their families. During the month of October the SBAA and its chapters make a special push to increase public awareness about Spina Bifida and teach prospective parents about prevention. Simply by taking a daily dose of the B vitamin, folic acid, found in most multivitamins, women of childbearing age have the power to reduce the incidence of Spina Bifida by up to 75 percent. That such a simple change in habit can have such a profound effect should leave no question as to the importance of awareness and the impact of prevention. In addition, I would like to commend my Senate colleagues for allocating $2 million in much-needed funding for a National Spina Bifida Program at the National Center for Birth Defects and Developmental Disabilities, NCBDDD, at the Centers for Disease Control and Prevention, CDC, to ensure that those individuals living with Spina Bifida can live active, productive, and meaningful lives. I also am very proud that we in the Senate recently passed by unanimous consent the bipartisan ``Birth Defects and Developmental Disabilities Prevention Act of 2002,'' which takes many critical steps that will work to prevent Spina Bifida and to improve quality of life for individuals and families affected by this terrible birth defect. I again thank the SBAA and its chapters for their commitment to improve the lives of those 70,000 individuals living with Spina Bifida throughout our Nation. I also wish to thank two nationally respected television journalists, Judy Woodruff and Al Hunt for their caring, meaningful leadership in this important cause. In conclusion, I wish the Spina Bifida Association of America the best of results in its endeavors, and urge all of my colleagues and all Americans to support its important efforts.

Mr. ALLEN

Mr. ALLEN. Mr. President, today I rise to thank my colleagues for their unanimous support of S. 2936 which will adjust Federal employees retirement computations to offset reductions in their retirement arising from on-the-job injuries covered by the Workers Compensation program. An extraordinary amount of hard work went into this legislation and I would like to thank my colleague from New York, Senator Clinton, for her most valuable assistance on her side of the aisle in pushing this important measure through the legislative process. I would also like to thank Senators Akaka, Cochran, Lieberman, and Thompson of the Governmental Affairs Committee for their advice and bipartisan support, and Senator Warner for his support from the first day I introduced this bill. S. 2936 addresses a problem in the retirement program for federal employees that has been recognized but unresolved since 1986 when the current retirement system was established. Unfortunately, complications arising from the Tax Code and the Workers Rehabilitation Act of 1973 have blocked any solution. My resolve to address the problem was inspired by Ms. Louise Kurtz, a federal employee who was severely injured in the September 11 attack on the Pentagon. She suffered burns over 70% of her body, lost her fingers, yet fights daily in rehabilition and hopes to return to work some day. Current law does not allow Mrs. Kurtz to contribute to her retirement program while she is recuperating and receiving Worker's Compensation disability payments. As a result, after returning to work and eventually retiring, she will find herself inadequately prepared and unable to afford to retire because of the lack of contributions during her recuperation. As Ms. Kurtz's situation reveals, federal employees under the Federal Employees Retirement System who have sustained an on-the-job injury and are receiving disability compensation from the Department of Labor's Office of Workers' Compensation Programs are unable to make contributions or payments into Social Security or the Thrift Savings Plan. Therefore, the future retirement benefits from both sources are reduced. This legislation offsets the reductions in Social Security and Thrift Savings Plan retirement benefits by increasing the Federal Employees Retirement System Direct Benefit calculation by one percentage point for extended periods of disability. The passage of this bill ensures that the pensions of our hard- working federal employees will be kept whole during a period of injury and recuperation, especially now that many of them are on the frontlines of protecting our homeland security in this new war on terror. By protecting the retirement security of injured federal employees, we have provided an incentive for them to return to work and increased our ability to retain our most dedicated and experienced federal workers. This is a reasonable and fair approach in which the whole Senate has acted in a logical and compassionate manner. I wish to reiterate my gratitude to Senators Lieberman and Thompson and their staffs for their assistance in passing this legislation. I also wish to thank Office of Personnel Management Director Kay Coles James and Harry Wolf, Ted Newland, and Mary Ellen Wilson of her staff for helping craft this legislative solution to a heretofore insolvable problem. They are truly wonderful, creative, caring, and principled leaders who worked long hours to accomplish this equitable solution. I am glad to see the Senate come together and pass this important legislation and again thank my colleague from New York for her leadership. I have truly enjoyed working with her for the successful passage of this positive and constructive legislation that will improve the retirement security of America's dedicated federal employees.

Mr. ALLEN

Mr. ALLEN. Mr. President, I rise today to thank my colleagues for their unanimous support for S. 2182, the Cyber Security Research and Development Act. I share the concerns and worries of Senator Bond and Senator Grassley on many pieces of legislation and important matters that have not been passed due to various obstructions and problems. However, I am here to say we actually have done something very constructive which will soon be helping our country, and that is the passage of the Cyber Security Research and Development Act. An extraordinary amount of hard work that went into this legislation. I thank my colleague from Oregon, Senator Wyden, for his leadership and continued work in pushing this important measure through the legislative process. Our bill, S. 2182, addresses the important issue of cyber and computer security. It is a truly historic piece of legislation because, for the first time, it assures and solidifies the Federal Government's commitment to basic, fundamental, long-term research in computer security as well as much needed graduate and postgraduate doctoral fellowships in computer security. America must act now to protect our security on many fronts. As our reliance on technology and the Internet has grown over the past decade, our vulnerability to attacks on the Nation's critical infrastructure and network systems has also grown exponentially. The high degree of interdependence between information systems exposes America's network infrastructure to both benign and destructive disruptions. Such cyber-attacks can take several forms, including the defacement of Web sites, denial of service, virus infection throughout the computer network, and the unauthorized intrusions and sabotage of systems and networks resulting in critical infrastructure outages and corruption of vital data. These are just some examples of the problems that could arise and have previously arisen. In fact, we have seen past attacks, such as the Code Red virus, that show the types of dangers and potential disruption cyber-attacks can have on our Nation's infrastructure. The cyber-threats before this country are significant and are, unfortunately, only getting more complicated and sophisticated as time goes on. A survey last year by the Computer Security Institute and the FBI found that 85 percent of 538 respondents experienced computer intrusions. Carnegie Mellon University's Computer Emergency Response Team (CERT) Coordination Center, which serves as a reporting center for Internet security problems, received 2,437 vulnerability reports in calendar year 2001, almost six times the number that were reported in 1999, just 2 years previously. Similarly, the number of specific incidents reported to CERT exploded from 9,589 in 1999 to 52,658 in 2001. Again, in 1999, about 9,500, to 52,000-plus incidents reported just 2 years later. What is alarming is that CERT estimates that these statistics may represent only 20 percent of the incidents that have actually occurred. A recent public opinion survey indicates that over 70 percent of Americans are concerned about computer security and 74 percent are concerned about terrorists using the Internet to launch a cyber-attack against our country's infrastructure. One survey shows that half-- half--of all information technology professionals believe a major attack will be launched against the Federal Government in the next 12 months. Indeed, cyber-security is essential to both homeland security and national security. The Internet's security and reliability support commerce and information transfer of vital data in our economy, they support our critical infrastructures and, obviously, systems that protect our national defense. At a time when uncertainty threatens the confidence of our Nation's preparedness, the Federal Government needs to make the information and cyber-security issue a top priority. Currently, federally funded research on cyber-security is less than $60 million a year. Experts believe that fewer than 100 U.S. researchers have the experience and expertise to conduct cutting-edge research in cyber-security. In this past academic year, there were fewer than 30 U.S. citizens enrolled in Ph.D. cyber-security programs. Our legislation will encourage the kind of research and programs that will motivate students to pursue Ph.D. degrees in cyber-security because students will have the opportunity to receive research grants with the National Science Foundation. The Cyber Security Research and Development Act will play a major role in fostering greater research in methods to prevent future cyber- attacks and design more secure networks. Our legislation will harness and link the intellectual power of the National Science Foundation, the National Institute of Science and Technology, our Nation's universities, and the most creative minds in the private sector to develop new and improved computer cryptography and authentication, firewalls, computer forensics, intrusion detection, wireless security, and systems management. In addition, our bill is designed to draw more college undergraduate and graduate students into the field of cyber-security research. It establishes programs to use internships, research opportunities, and better equipment to engage students in this field. America is a leader in the computer hardware and software development fields. To preserve America's technological edge, we must continue to have new students involved in computer science study and research. S. 2182 highlights the role the Federal Government will play in helping prepare and prevent against cyber-attacks, but only if we can ensure the cutting edge research and technology funded in this legislation is made commercially available. Clearly, there is an urgent need for the private sector, academic, and individual users, as well as the Federal and State governments, to deploy innovative security measures. I am confident the Federal investment for long-term projects outlined in this legislation will yield significant results to enhance the security and reliability of cyberspace. I am glad to see the Senate, in a rare moment in these last few weeks and months, has come together and passed this important legislation. Again, I thank my colleague from Oregon, Senator Wyden, for his leadership. I have enjoyed working with him on successful passage of this positive and constructive legislation that will improve the security of Americans. I am also grateful to the ranking member of the Judiciary Committee, Senator Orrin Hatch of Utah, who thoughtfully suggested we add an assurance that the grants provided in this legislation will go to individuals who are in full compliance with all immigration laws. I thank all my colleagues. It was a good team effort. In the future, our Internet and our cyber-security will be stronger for it. I ask unanimous consent to print the following letter in the Record.

Mr. ALLEN

Mr. ALLEN. Mr. President, I rise to thank my colleagues for their unanimous support of S. 2182, the Cyber Security Research & Development Act. I would also like to thank Senator Wyden for his leadership and continued work on pushing this important measure through the legislative process. S. 2182 addresses the important issue of cyber security. As our reliance on technology and the Internet have grown over the past decade, our vulnerability to attacks on the Nation's critical infrastructure and networked systems has also grown exponentially. The high degree of interdependence between information systems exposes America's network infrastructure to both benign and destructive disruptions. Such cyber attacks can take several forms, including: defacement of web sites; denial of service; virus infection throughout the computer network; and unauthorized intrusions and sabotage of systems and networks resulting in critical infrastructure outages and corruption of vital data. Past attacks, such as the Code Red virus, show the types of danger and potential disruption cyber attacks can have on our Nation's infrastructure. The cyber threats before this country are significant and are unfortunately only getting more complicated and sophisticated as time goes on. A survey last year by the Computer Security Institute and FBI found that 85 percent of 538 respondents experienced computer intrusions. Carnegie Mellon University's CERT Coordination Center, which serves as a reporting center for Internet security problems, received 2,437 vulnerability reports in calendar year 2001, almost 6 times the number in 1999. Similarly, the number of specific incidents reported to CERT exploded from 9,589 in 1999 to 52,658 in 2001. What is alarming is that CERT estimates these statistics may only represent 20% of the incidents that actually have occurred. A recent public opinion survey indicates that over 70 percent of Americans are concerned about computer security and 74 percent are concerned about terrorist using the Internet to launch a cyber-attack against our country's infrastructure. One survey shows that half of all information technology professionals believe that a major attack will be launched against the Federal Government in the next 12 months. Indeed, cyber security is essential to both homeland security and national security. The Internet's security and reliability support the economy, critical infrastructures and national defense. At a time when uncertainty threatens confidence in our nation's preparedness, the Federal Government needs to make information and cyber security a priority. Currently, federally funded research on cyber security is less than $60 million per year. Experts believe that fewer than 100 United States researchers have the experience and expertise to conduct cutting edge research in cyber security. The Cyber Security Research and Development Act will play a major role in fostering greater research in methods to prevent future cyber attacks and design more secure networks. Our legislation will harness and link the intellectual power of the National Science Foundation, the National Institute of Science and Technology, our Nation's universities, and private industry to develop new and improved computer cryptography and authentication, firewalls, computer forensics, intrusion detection, wireless security and systems management. In addition, our bill is designed to draw more college undergraduate and graduate students into the field of cyber security research. It establishes programs to use internships, research opportunities, and better equipment to engage students in this field. America is a leader in the computer hardware and software development. In order to preserve America's technological edge, we must have a continuous pipeline of new students involved in computer science study and research. S. 2182 highlights the role the Federal Government will play in helping prepare and prevent cyber attacks, but only if we can ensure the cutting edge research and technology funded in this legislation is made commercially available. Clearly, there is an urgent need for private sector, academic, and individual users as well as the Federal and State governments to deploy security innovations. I am confident that the federal investment for long-term projects outlined in this legislation will yield significant results to enhance the security and reliability of cyberspace. I am glad to see the Senate come together and pass this important legislation and again thank my colleague from Oregon for his leadership. I have truly enjoyed working with him for the successful passage of this positive and constructive legislation that will improve the security of Americans.

Mr. ALLEN. The committee, particularly Senators Wyden and Edwards, working with NIST and industry, have reached agreement on this provision. We recognize that there is no ``one-size-fits-all'' configuration for any hardware or software systems. We have given NIST flexibility in choosing which checklists to develop and update. We have not required any Federal agency to use the specific settings and options recommended by these checklists.

Mr. ALLEN. I agree with the chairman.

Mr. ALLEN

Mr. ALLEN. Mr. President, I have a question about the impact of provisions of this bill for the Ranking Member of the Rules Committee, the Senator from Kentucky, Mr. McConnell and the Senator from Missouri, Mr. Bond, who has been involved in the conference committee that reconciled the House and Senate versions of H.R. 3295. I understand that this bill does allow localities that have upgraded voting equipment in the past two years to be reimbursed retroactively, and I support this decision. We ought to reward, rather than penalize, those States and localities that have aggressively moved ahead since November 2000 to improve the processes and procedures for voting and elections. In Sections 261-263, having to do with payments to States and units of local government to assure accessibility for individuals with disabilities, however, it is not clear whether the payments made may be made retroactively, and this concerns me. I expect that this was the intent. This is important, however, because in Virginia, and, I believe in several other States such as North Carolina and Rhode Island, the State Board of Elections and the localities have made a concerted effort to improve polling place accessibility over the past two years. And I believe that for this November's elections Virginia will be very close to 100 percent of all polling places being 100 percent accessible. I would hate to have to tell my State and local officials that because they have stepped up to the plate and already made these polling places accessible over the past two years that they are ineligible to receive payment for the improvements they have made. So, I ask the Senators from Kentucky and Missouri if they can assure me that States such as Virginia, which have made polling place accessibility improvements during the past 24 months, are eligible for payment from the Secretary of Health and Human Services for their costs of making polling places accessible for individuals with disabilities that were incurred during that 24-month period?

Mr. ALLEN

Mr. ALLEN. Madam President, I rise to address the most pressing and difficult issue facing our Nation today. Over the course of the next few days, we will be debating in the Senate and we will vote on the most serious responsibility the U.S. Constitution delegates to Congress, which is authorizing the use of military force against another nation. I have only been here for about a year and a half. I passed in the hallway the senior Senator from Virginia, John Warner, who told me, ``This is the first time you will have to do this.'' He said he has been through this experience seven times. I am sure he takes the same sort of care and consideration each time. But for me, this is the first time I have had to face such a question and such an issue as to where I stand. It is my view the use of military force to resolve a dispute must be the last of all options for our Nation. Before entering into such a decision, it is absolutely necessary Government officials sincerely and honestly are confident they exhausted all practical and realistic diplomatic avenues and understand the short-term as well as the long- term ramifications and implications of such actions. Exercising our best judgment based on the evidence of the threat, we must look at the consequence not only on the international community, but, more importantly, on the effect such action would have on the people of our country. In considering the use of military action, my thoughts immediately turn to the people of the Commonwealth of Virginia. While the use of Armed Forces affects all Americans, it has traditionally had a significant impact on Virginia. The Commonwealth is home to literally tens of thousands of brave men and women who risk their lives to defend the freedoms we enjoy. The prospect of war places the lives of many of these men and women in jeopardy, and it means constant anxiety and fear for their families, wherever they may be based--whether in the U.S. or overseas, whether on land or on the seas. I know from my experience as Governor how we rely heavily on the National Guard and Reserves whenever military action is necessitated, especially in the past decade. Military action will call up more Reserves and more of the National Guard when they are protecting our safety. It will disrupt those families and businesses and communities all across our great land. This is not a decision I come to easily or without prayers for guidance and wisdom. The use of our Armed Forces means lives are at risk. The history of military action shows there are frequently unintended consequences and unseen dangers whenever the military is utilized. Fiscally, military action is expensive and can cause unrest both in the U.S. and international markets. When considering these outcomes, it is obvious using force to resolve the dispute is the least desirable and the last option for our country. But military action must remain an option for our diplomatic efforts to have any credibility or success. I have listened and read comments from constituents and people all over this country, sincere words from the Religious Society of Friends and Pax Christi. They are well-meaning in pointing out their sentiments and the risks involved. However, we must weigh these risks and probable outcomes in the context of the threat Iraq poses to the U.S. and to our interests. I agree with the President, and the CIA, and the Department of Defense, and the State Department, that Iraq and Saddam Hussein's regime are a credible threat to the United States and our interests and our allies around the world. Because that threat is present and real, I believe the dangers will become substantially greater with continued inaction by the international community, or the United States acting in concert with allies. The ``whereas'' clauses of the resolution we are debating effectively spell out good reasons, and reasons I look at for authorizing the President to use military action, if necessary. Saddam Hussein has continually, brazenly disregarded and defied resolutions and orders to disarm and discontinue his pursuit of the world's worst weapons. To bring an end to the Gulf War and Saddam's violent attempt to occupy Kuwait, the Iraqi leader unequivocally agreed to eliminate chemical, biological, and nuclear weapons programs, as well as putting severe limits on his missiles and the means to deliver and develop them. Since that armistice was reached in 1991, it has been consistently and constantly breached by Saddam's regime, and has not been enforced at all by the U.N. for the past 4 long years. Can one imagine a nuclear weapon in the hands of Saddam Hussein? Let's not forget this is a head of state who has demonstrated his willingness to use chemical weapons on other nations and his own citizens with little or no reservation. If the current Iraqi regime possessed a nuclear weapon, it would drastically alter a balance of power in an already explosive region of the world. Such a capability would renew Saddam's quest for regional dominance and leave many U.S. citizens, allies, and interests at great peril. This man has no respect for international laws or rules of engagement. I share President Bush's fear that increased weapons capability would leave the fate of the Middle East in the hands of a tyrannical and very cruel dictator. Most dangerous, currently, is not his desire to have nuclear weapons, but stockpiling of chemical weapons, the stockpiling of a variety of biological weapons; and also his missile range capabilities, that far exceed U.N. restrictions. There is another concern not only that he has stockpiled biological and chemical weapons and the means of delivering them, but also the justifiable and understandable fear that he could transfer those biological or chemical agents to a terrorist group or other individuals. After all, Saddam Hussein is the same heartless person who offers $25,000 to families of children who commit suicide terrorist acts in Israel. The goal of the United States and the international community needs to be disarmament. Saddam Hussein must be stripped of all capabilities to develop, manufacture, and stockpile these weapons of mass destruction, meaning chemical, biological agents, and the missiles and other means to deliver them by himself or by a terrorist subcontractor. If regime change is collateral damage of disarmament, I do not believe there is anyone in the world who will mourn the loss of this deposed dictator. True disarmament can only be accomplished with inspection teams that have the ability to travel and investigate where they deem appropriate. To ensure they have full access to inspections is a key component of what the President of the United States is trying to get the United Nations to do. We are trying to get full and unimpeded inspections. It would be appropriate for us to say noncompliance would result in forced disarmament. The U.S. and the world cannot afford to have this mission undermined by wild goose chases and constant surreptitious, conniving evasion and large suspect areas being declared by Saddam to be immune from inspection. I commend President Bush for recognizing the importance of including all countries in this effort. His statement to the United Nations on September 12, 2002, clearly and accurately spelled out the dangers Iraq poses to the world. By placing the onus on the United Nations, the President has given that international body the opportunity to re- establish its relevance in important world affairs, and finally enforce the resolutions that its Security Council has passed for the last eleven years. Passing a new resolution will increase the credibility of the United Nations, which has steadily eroded since the mid 1990s. The Security Council has an obligation to provide weapons inspectors with the flexibility to accomplish their mission. This can only be realized if a resolution is passed with consequences for inaction or defiance. That is why as the United Nations debates a new and stronger resolution against Iraq, the United States must be united in our resolve for disarmament. Passing a resolution authorizing our President to use military force in the event that diplomatic efforts are unsuccessful sends a clear message to the international community that Americans are united in our foreign policy. I respectfully disagree with the premise that the President must first petition the United Nations before asking Congress for authority. I question: How can we expect the United Nations to act against Iraqi defiance if the U.S. Government does not stand with our President and our administration's efforts to persuade the United Nations and the international community to enforce their own resolutions? It is right for us to debate the resolutions before the Senate, to voice concerns and sentiments in support or opposition. Each Member will take a stand and be accountable, and when the debate concludes, I respectfully ask my colleagues, when a resolution is agreed to, stand strong with our troops, our diplomats, and our mission. From time to time, one sees elected officials who moan in self-pity about having to make a tough decision that may not be popular. Well, I know the vast majority of the Senators, regardless of their ultimate position on this issue, can make tough decisions with minimal whimpering. Senators have all been elected by the people of their States to exercise judgment consistent with principles and promises. As the Senate debates the merits of each resolution, it must be prepared for the possibility of continued inaction by the United Nations. Americans cannot stand by and cannot cede any authority or sovereignty to an international body when the lives and interests of U.S. citizens are involved. I believe it would be a grave mistake for the United Nations to shirk its responsibility regarding Iraq; however, a consensus might not be reached with all nations on the U.N. Security Council. If that circumstance arises, the United States and the President will have a duty to garner as much international support as is realistically possible. Blissful, delusional dawdling, wishful thinking, and doing nothing is not an option for the United States. However, continuing the diplomatic work in face of the Security Council veto is necessary not only for diplomacy, but to gain allies to help shoulder the logistical and operational burdens that would be a part of any military campaign. It is true the United States can disarm Saddam Hussein alone. However, as we continue to pursue the venomous, vile al-Qaida terrorists and other terrorist supporters, we would greatly benefit from allied support in these extended efforts. I believe we will see more allies join this effort to disarm Saddam Hussein's regime. Britain will not be our sole teammate in this effort. As other countries begin to understand the severity of the threat, they will recognize it is in their best interest to disarm Iraq. The UK along with Spain, Italy and some countries from the Middle East have supported our position. Kuwait, Qatar, and the Saudis have also indicated that maybe they will not send troops in, but have offered logistical bases that would be helpful for our tactical air strikes. We do not want to make this a war against a particular group or certain religious beliefs. We must guard against any rhetoric or statement that is targeted against Muslims or Arabs. Our mission is to protect the United States, its allies, and interests by upholding internationally agreed-upon resolutions to disarm Iraq of biological, chemical, nuclear, and missile technologies. I urge the President to make absolutely clear that in the event we have to seek support from allies, that we continue to do so in the Middle East. As a member of the Foreign Relations Committee, I have participated in committee meetings and top secret briefings and analyzed this issue very closely, and with questions. After reviewing the several resolutions offered by our colleagues, I believe the best way to provide the President with the authority and the support he may need is by passing the authorization for use of military force against Iraq. This resolution, introduced and offered by Senator Warner and Senator Lieberman, as well as Senator McCain and others, gives the President the authority and flexibility to ensure the protection of the United States. I am particularly pleased that the resolution will task the President with determining that diplomatic means will not adequately protect the national security of the United States. This determination will ensure the United States is exhausting every diplomatic option before authorizing the use of our Armed Forces. I refer to section 2 on page 7 of the resolution and those clauses therein: Where the Congress of the United States supports the efforts of the President to strictly enforce United Nations Security Council resolutions applicable to Iraq and encourages him in those efforts. It also encourages the President to obtain prompt and decisive action by the Security Council to ensure that Iraq abandons its strategy of delay, evasion, and noncompliance, and promptly and strictly complies with all relevant security resolutions. I interpret this as also, in dealing not just with the United Nations, but also garnering allies in the process. I will continue to listen intently to the debate on all the resolutions regarding Iraq. However, I truly and sincerely believe that Senate Joint Resolution 46, which I referenced earlier, will provide a sense of the Senate that the Congress, and most importantly, in our reflection in representation, a reflection that Americans are united behind our President and we support efforts to garner allied and U.N. support in the event that diplomatic options fail to disarm Saddam Hussein. We all know that Saddam Hussein is a vile dictator with regard for only his own survival. He compromises the well-being of all Iraqis in his efforts to maintain power and accumulate wealth. History shows the Iraqi leader only responds when there is a gun put to his head. Sweet talking will not do any good with this man. Now we are seeing this phenomenon play out as he allows weapons inspections to resume only after intense, consistent pressure from the international community. But even then what we are seeing again is the same shell game of conditions and prevarications that led to the departure of inspectors 4 years ago. We must not allow him to continue with these ploys of deception. I do not believe any American welcomes the prospect of deploying our brave men and women for military action. However, standing strong and united as a country, together with our President, our diplomats, and our defense forces, and in favor of congressional authority to use force if it is absolutely necessary, is the best way to ensure Saddam Hussein is disarmed and military conflict is actually avoided. The greatest responsibility of this Government and its officials is to protect and ensure the national security of the United States and our citizens. We know Saddam Hussein poses a threat to our country, and it is incumbent upon every Member of this body to help neutralize that threat. I am hopeful this problem will be resolved peacefully, through international diplomacy. But in the event those efforts fail, I do not want our President to be hobbled without the authority to protect the citizens of the United States of America. Therefore, when my name is called, I will stand with President Bush, stand with our diplomats, stand with our troops and support this serious and necessary resolution, which is designed to save innocent American lives. I yield the floor.

Mr. ALLEN. Madam President, I ask unanimous consent that I be able to speak for up to 30 minutes.

Mr. ALLEN

Mr. ALLEN. Madam President, I join my colleagues in honoring the senior Senator from North Carolina, Mr. Helms, who will be retiring at the end of this Congress. In his five terms in the U.S. Senate, Senator Helms has been a distinguished leader on behalf of his home State of North Carolina and freedom-loving people throughout the world. When I arrived in the Senate at the beginning of this Congress, Senator Helms had already served a remarkable 28 years. It has been an honor to serve under the strong leadership of this gentleman on the Foreign Relations Committee. Senator Helms has been a strong advocate for those rights that Thomas Jefferson proclaimed in our Declaration of Independence are ``inalienable''--life, liberty, and the pursuit of happiness. He has led the initiative to promote a peaceful transition to democracy and respect for human rights in Cuba. Fidel Castro oppresses his people, violates workers' rights, falsely imprisons them, and denies them the freedom of religion. Castro intentionally violates internationally accepted standards of basic human rights to maintain power over the Cuban people. In response, Senator Helms sponsored a bill to help the people of Cuba regain their freedom and prepare themselves for the transition to democracy. I am proud to be a co-sponsor of that bill. Senator Helms has been a leader in reminding us to put the needs of the Cuban people before the tyrannical agenda of the dictator, Fidel Castro. Castro seeks to retain his monopoly on political power by any means possible. Under his rule, Cuba is one of seven states designated by the State Department as a state sponsor of terrorism, and Senator Helms has not been fooled into propping up this regime with U.S. taxpayer money. Not just with respect to Cuba, but around the world, Senator Helms has been a champion of freedom and democracy. Senator Helms and I have also worked together to support the people of Taiwan through the Senate Taiwan Caucus. All the while Senator Helms has been tackling international abuses and supporting democracy around the world, never once has he forgotten the people of North Carolina and the sovereignty of the United States. The Senator has been a strong, dedicated advocate for farmers and people who live and work in small towns, especially when he was chairman of the Senate Agriculture, Nutrition, and Forestry Committee. Senator Helms and I are working together to lift the Japanese ban on U.S. poultry. We have also worked together on the Farm Bill, ensuring that peanut farmers get the highest target price possible for their peanuts. With Senator Helms' key help, the IRS has just announced that it will treat peanut quota buyouts as capital gains, not ordinary income. This is good news for devastated peanut farmers in southeast Virginia and northeast North Carolina. Regrettably, I have had only a couple of years to work with Senator Helms. But it has been a true honor and wonderful pleasure. On behalf of all the good people of Virginia, I offer my best wishes to Senator Helms and his family. And, I especially thank him for his guidance, encouragement and friendship that I shall cherish forever.

Mr. ALLEN

Mr. ALLEN. Mr. President, I want to welcome Madame Chen Wu Sue-jen, First Lady of Taiwan, to the United States. Madame Chen is a great champion of democracy, both at home and abroad. I applaud her efforts to learn from America's experiences so that she can take those lessons back to Taiwan and its evolving democracy. During her stay in the United States, Madame Chen has met with many of our nation's finest scholars and statesmen. She has brought with her a wonderful example of leadership, charity and devotion to the American people and continues to strive for human rights and justice at home. I congratulate Madame Chen on her accomplishments and welcome her to the United States. We look forward to continued friendship with Madame Chen and the Taiwanese people.

Mr. ALLEN

Mr. ALLEN. Mr. President, I rise to speak in support of an amendment that I have offered to assist Federal employees who have been injured on the job. My good colleagues, Senator Warner of Virginia and Senators Clinton and Schumer of New York, join me in this important effort. This provision was inspired by Mrs. Louise Kurtz, a Federal employee who was severely injured in the September 11 attack on the Pentagon. She suffered burns over 70 percent of her body, lost her fingers, yet fights daily in rehabilitation and hopes to return to work one day. Current law does not allow Mrs. Kurtz to contribute to her retirement program while she is recuperating and receiving Office of Worker's Compensation Programs disability payments. As a result, after returning to work she will find herself inadequately prepared and unable to afford to retire because of the lack of contributions during her recuperation period. As Mrs. Kurtz's situation reveals, Federal employees under the Federal Employees Retirement System who have sustained an on-the-job injury and are receiving disability compensation from the Department of Labor's Office of Worker's Compensation Programs are unable to make contributions or payments into Social Security or the Thrift Saving Plan. Therefore, the future retirement benefits from both sources are reduced. The provision I have offered corrects this shortfall in the Federal Employees Retirement System, FERS. By increasing a Federal employee's FERS direct benefit by 1 percent for a period of extended convalescence resulting from a work related injury, the future reductions on Social Security and Thrift Savings Plan, TSP, benefits that result from the inability to make contributions during periods of disability are offset. The retirement program for Federal Employees Retirement System employees has three distinct parts: Social Security, Federal Employees Retirement System Defined Benefits, and Thrift Savings Plan. Social Security taxes and benefits are the same for all participants. The Federal Employees Retirement System Defined Benefit and the Thrift Savings Plan are similar to defined benefit and 401(k) plans in the private sector. Unlike the impact on Social Security and the Thrift Savings Plan, periods during which an individual is receiving Office of Worker's Compensation Programs disability payments have no impact when calculating the length of service for determining the Federal Employees Retirement System Defined Benefit retirement payments. To explain how the provision will work, I offer the following illustration. As you know, Mr. President, the goal of the Federal Employees Retirement System is to provide retirement pay totaling about 56 percent of their ``high three'' annual salary. Under the old Civil Service Retirement System, a direct benefit plan, two percent of a person's salary was set aside to provide the retirement benefit of 56 percent employees did not pay into Social Security or a vested savings plan. Under Federal Employees Retirement System, one percent of a person's salary is set aside to provide the Federal Employees Retirement System Direct Benefit retirement payment of 26 percent of their ``high three'' annual salary with Social Security and Thrift Savings Plan retirement pay contributing the remaining 30 percent for a total of 56 percent. But increasing the Federal Employees Retirement System Direct Benefit calculation by one percentage point for extended periods of disability, one can adequately offset reduction in Social Security and Thrift Savings Plan payments resulting from the lack to payments into the systems during periods of disability caused by one the job injuries. Louise Kurtz has earned our appreciation for the role she and her husband Michael have played in identifying this shortfall in Federal Employees Retirement System and in persevering in getting legislation introduced to address the problem. Indeed, Mrs. Kurtz continues to serve the American public even while recuperating from injuries sustained in the terrorist attack upon the Pentagon.

Mr. ALLEN

Mr. ALLEN. Mr. President, I ask unanimous consent that I be allowed to speak for as much time as I may consume. I estimate I will need 10 minutes.

Mr. ALLEN. Mr. President, I join my colleagues in saluting the senior Senator from South Carolina, Mr. Thurmond, as he prepares to celebrate his 100th birthday. James Strom Thurmond is not just a man who is loved by the people of South Carolina, who elected him to a remarkable eight terms to the Senate, but he is a man who is respected and admired by this body and institution in which he serves. Others who have spoken, who are much more senior to me, have recounted his distinguished careers, stories, the elections, the changes in our country over the years, and also the positive changes in Senator Thurmond as he has moved forward with America and the times, in making sure that all Americans have opportunities in education, to compete and succeed in life. I find it interesting that he was the first person in 1954 to ever be elected to a national office by a write-in vote. The people of South Carolina elected Strom Thurmond to the Senate by a write-in vote. At that time, I was not paying too much attention to politics since I was only 2 years old when he won that election. There are a lot of stories to tell and a lot of impressions have been made in the short time I have been in the Senate. I knew I had come to a very special place when the first meeting of the Republican Senate caucus was singing happy birthday for Senator Thurmond's 98th birthday, and I was thinking of all the stories of Strom Thurmond, this living legend. That day we also had a very rancorous debate on different positions, the policy chairman, the Senate Republican chair. There were people giving nominating speeches and seconding speeches, and it was tough to choose among friends, but we finally decided who the policy chair was and the Republican Senate chair. There were all of these contests and seconding speeches. At the end, Leader Lott said: We have to also elect the Senate President pro tempore and, of course, that is going to be Strom Thurmond. There were no nominating speeches and no seconding speeches. Everyone rose and said ``aye.'' Strom then stood up, and this was the extent of Strom's speech: Thank you all. You are darn smart people. And that is how Strom was easily elected. There are so many memories of Strom Thurmond in the Allen family. I remember my mother always talking about dancing with Strom Thurmond. Whenever we bring up the Senate, she says: I danced with Strom Thurmond. She says it every time I bring up the Senate, and this was back in the 1970s. I know there are a lot of ladies' hearts that have fluttered over the years with the wonderful privilege of dancing with Strom Thurmond. My wife's family, the Brown family, is from South Carolina. Of course, he is revered as a hero in South Carolina, as he is all across the country but especially in South Carolina. Any time any of that family in South Carolina had a wedding, a birthday or a birth, Strom Thurmond was there congratulating them on that wonderful event. I also have the privilege of being assigned to an office in the Russell building that is in the same hallway as Strom Thurmond. I see Strom as he makes it to every vote. I see him on the elevator as we go to the trolley to get to the Chamber. He is always smiling. He is always cheerful. He is always in a good mood. This year we all were blessed with those good South Carolina peaches to make sure we are all getting a good healthy diet. I was commenting about the great peaches and I said, most of my staff took those peaches, and Strom said: Well, get that boy another bag of those South Carolina peaches. So our family was able to enjoy those wonderful peaches. Last year, we had the national D-day memorial in Bedford County, VA, which had the highest per capita loss of life in the D-day invasion. It was a wonderful event. The President was there. The Ambassador from France was there. It was a wonderful ceremony. Strom Thurmond was there. Strom Thurmond was one of those brave soldiers who obviously stormed those beaches and fortunately survived the Normandy invasion on D-day. I will say the President received a slightly bigger cheer, but every single person who was there, those thousands and thousands of people loved seeing Strom Thurmond, a true American hero, in Bedford for that celebration and dedication of the national D-day memorial. The point is, Strom Thurmond is an inspiration to many of us for many different reasons. While we all aspire to achieve such longevity, we admire Strom Thurmond for a life lived fully and in the advancement of public service. As Senator Thurmond reaches his centenarian status later this year, on behalf of all the good people of Virginia, I offer my best wishes to him, his family, and his constituents. There will never be another Strom Thurmond. Nevertheless, I hope and pray God will continue to bless America with people who have Strom Thurmond's cheerfulness and devotion, and I surely hope we are blessed with people of his character. It is great to be a Senator from Virginia, but it is truly an honor to serve with Senator Thurmond. I shall always and forever cherish the memories of your smiling, twinkling eyes which reveal your happy heart. You have been a great soldier, a great Senator, and a great leader. I thank God for blessing us with people of your character. I yield the floor.

Mr. ALLEN

Mr. ALLEN. I add in closing, the Burlingame family, wife and surviving brother and sister, gave me a replica of one of the few things found from Captain Burlingame, other than his wedding ring. He had a picture of his mother and a prayer. They gave this to me a couple hours ago at the ceremony at the Pentagon. I share it with my colleagues and Americans. It is entitled: ``I Did Not Die,'' by Mary Frye. Do not stand at my grave and weep; I am not there, I do not sleep. I am a thousand winds that blow. I am the diamond glints on snow. I am the sunlight on ripened grain. I am the gentle autumn rain. When you awaken in the morning's hush I am the swift uplifting rush Of quiet birds in circled flight. I'm the soft stars that shine at night. Do not stand at my grave and cry; I am not there, I did not die. Never forget. We will never forget. We will always remember this day that forged America together. These horrific events have strengthened our unity of purpose and resolve as Americans, that we stand strong together for liberty. I hope and pray that as long as God continues to bless our United States and indeed blesses the entire world with people of such courage, integrity, and character, that liberty and justice will endure and prevail.

Mr. ALLEN. I ask unanimous consent to speak on this matter for as much time as I may consume.

Mr. ALLEN. Mr. President, I rise today to offer my thoughts on this very solemn day of remembrance as we all return from a magnificent ceremony at the Pentagon observing all that is strong and good and awesome about our country. I thank the Senator from Nevada for his very poignant words of empathy, as well as his understanding of the foundations of our country. Nevada, as all States, was hit hard. We saw the outpouring of compassion all over this country, and I will share some of those stories. I recall in August driving across a lonely two-lane road in South Dakota, which would eventually get to the Badlands. There was a big bale of hay on the side of the road which had painted on it the American flag. It showed the spirit of that farm. We did not see any people, but we knew the sentiment of the folks who lived on that farm and in that region. September 11, 9/11, just those words evoke sentiments and memories of where we were and what we did on that day of tragedy. As we remember those vile terrorist attacks of one year ago, for many of us the emotions and shock, the disbelief and horror that we experienced individually and as a people and a nation are still fresh. Those memories, however, continue to strengthen our resolve in the same way that our Nation was forged together after those vile attacks a year ago. Today, we view our Nation in a fundamentally new light. We have a greater understanding of the freedoms we enjoy and how vital it is that they be guarded, preserved, and even fought for, if necessary. We have a greater appreciation for a country that respects people of diverse backgrounds, cultures, and religious beliefs. We have poured out our hearts and our assistance to those who were injured and the families of those who lost a dear one. We view firefighters, police officers, first responders, with much greater appreciation, whether they are the brave men and women of the battalions in New York City or northern Virginia or in communities large and small all across our United States of America. These men and women were transformed on that day into our heroes. We will forever remember the thousands of innocent men, women, and children who were killed at the World Trade Center and in a field in Somerset County, PA. This Senator will remember the 184 patriots at the Pentagon and on American Airlines flight 77 who lost their lives on Virginia soil. It is indeed the heroes and the innocent patriotic victims we will remember the most. The images of flags raised, the solemn salute of rescuers to their fallen comrades, and people who were rushing into burning buildings on the verge of collapsing hoping to just save one more life. They and the freedom-loving patriots across our great Nation stand in stark contrast to those who only know hate, destruction, and oppression. We also see that in a time of trial, ordinary people of all walks of life perform with extraordinary courage and dignity. We remember people such as LTC Ted Anderson, who carried two of the injured from the burning Pentagon and reentered through a broken window to drag out two more, one whose clothes were on fire; 1SG Rick Keevill and Virginia State Troopers Mike Middleton and Myrlin Wimbish, who entered the Pentagon three separate times looking for victims; LCDR David Tarantino, who moved a pile of rubble enough to pull a man from the Pentagon just before the roof collapsed; other Pentagon heroes such as SSG Christopher Braman; LTC Victor Correa; SGT Roxane Cruz-Cortes; MAJ John Grote; LTC Robert Grunewald; COL Philip McNair; CPT Darrell Oliver; SP Michael Petrovich; SGM Tony Rose; LTC Marilyn Wills; and CPT David Thomas. The Senator from Nevada, Mr. Reid, mentioned a woman who I think was Mrs. Kurtz at the Pentagon. Mrs. Louise Kurtz, though severely burned herself, valiantly tended to the needs of others around her. I am introducing legislation that will change current law so that individuals--such as Mrs. Kurtz, and those in her situation--can contribute to her retirement and so they will be able to afford to return to work after a very lengthy period of recuperation. We also remember people such as Barbara Olson, a passenger on flight 77 who had the presence of mind to call loved ones on the ground to alert them of the hijacking. We remember CPT ``Chic'' Burlingame of flight 77 who died fighting off hijackers who commandeered his plane and who is now properly buried at Arlington National Cemetery. These people have all touched our lives. In talking to Mr. Burlingame's brothers and sister and wife, I find it noteworthy that at the Arlington National Cemetery his grave is on the tour and people in the tradition of those of the Jewish faith will put rocks on his headstone. That is very touching to the family and shows the unity and appreciation of a grateful nation. We also remember the survivors, survivors such as Stephen Push, whose wife Lisa Raines perished in the Pentagon and who has become a forceful and articulate spokesman for victims and families. I will always remember, and thought of it last night while driving home, a young boy, a neighbor, a friend of my children whose name is Nick Jacoby. He lost his father on flight 77. There are stories all over our communities and Nation. We also, of course, remember the quiet dignity of people such as Lisa Beamer who helped keep their loved ones very much alive for all of us. Her husband Todd, who said, ``Let's roll,'' led an uprising with several other patriots against the hijackers of flight 93 and saved hundreds, if not thousands, of lives at the Capitol and in the Washington, DC, area. Recent reports recognize their likely target was this building. We will remember countless others whose courageous efforts saved lives and provided comfort. We will remember and we will thank them for their extraordinary, inspirational dignity and their character. We will also remember the construction workers, the hard-hat patriots of the Phoenix project who worked around the clock in their inspiring efforts to rebuild the Pentagon in plenty of time for employees to move in before the 1-year anniversary. We will remember folks from a church that made quilts, the Christ Baptist Church from Prince William in Manassas, a magnificent quilt with the names of all who died. Also, we will remember the International House of Pancakes in Bristol, VA, an IHOP owned by an American who came here from Lebanon. I asked him a few months later how his business was. He said right after the attacks, for a few weeks, there were hardly any customers. But then a Methodist Church in Bristol, on the Virginia-Tennessee line, brought up the situation, and everyone from that church on that Sunday went in with their families and filled up the IHOP. Since then, others were coming back. That is a sign of the decency and the care of communities across the Nation. Five days ago, in New York City, I had the opportunity to speak to a group of 70 mothers who were pregnant last September 11, and who were made widows on that terrible day. It has been said that suffering makes kinsmen of us all. While those mothers no longer have the physical and emotional support of their husbands, and the fathers of their children, they are now a part of our greater American family. In those babies, all under 1 year, the spirit and blood of their fathers live on. We want the babies to grow up with the optimism of liberty and opportunity and hope that is the spirit of America. These young children represent not just a birth but a rebirth, a rebirth and a rededication of the strength and unity of our Nation and her great, caring people as we move forward. Indeed, our Nation will be changed for generations by the tragic events of a single day and all those that followed September 11. We pray for the souls of all that we lost that day and their surviving families as well. As a Senator from Virginia, for the permanent Record of our Republic, I ask unanimous consent to have printed the names of all the men, women, and children who perished in that attack on Virginia soil.

Mr. ALLEN

Mr. ALLEN. Mr. President, I rise to express to my Senate colleagues my support for the confirmation of Henry E. Hudson to serve as a judge in the United States District Court for the Eastern District of Virginia. I have known Henry Hudson for about 20 years. He has had a long and distinguished career in public service, beginning as a firefighter and a deputy sheriff. He was elected in 1979 by the citizens of Arlington County, VA to serve as their Commonwealth's Attorney, and was reelected by a large margin four years later. In 1986, President Reagan selected Henry Hudson to serve as the United States Attorney for the Eastern District of Virginia. He is credited with elevating the stature and visibility of that office with such prosecutions as Operation Illwind, which restored integrity to the field of defense procurement. In 1992, Judge Hudson was appointed by President Bush to serve as Director of the United States Marshals Service. The Department of Justice recognized his exceptional leadership of that agency and awarded him the John Marshall Award for outstanding legal achievement. During my term as Governor of Virginia, I appointed Henry Hudson to serve as Chairman of the Criminal Justice Services Board and and a member of the Governor's Commission to Abolish Parole and Reform Sentencing. Later, I selected him to be a member of the Virginia Criminal Sentencing Commission. From his superb performance in all those roles, which helped us reduce crime in Virginia as well as better protect victims, I can personally attest to his calm, knowledgeable, and fair leadership as well as his dedication, work ethic and integrity. Henry Hudson is currently serving as a Circuit Court Judge in Fairfax County, VA, where he has enjoyed a reputation for being a fair, but firm, jurist. His nomination to the Federal court is widely supported by both Democrats and Republicans, as well as bar associations and civic groups. It is vital at this point in our Nation's history that we have the highest caliber men and women on the Federal bench. Indeed, our Federal personnel are charged with the responsibility in these difficult times with enforcing our laws while still respecting civil liberties. Perhaps in no district court is that more important than in the U.S. District Court for the Eastern District of Virginia. The U.S. District Court for the Eastern District of Virginia, which has been short-handed for some time--handles some of the nation's most important and high-profile cases, including the John Walker Lyndh case and the Moussaoui trial. I am very pleased that the United States Senate will today confirm Judge Henry Hudson for this very important judicial position. He possesses a strong legal acumen, the requisite judicial temperament, and proper judicial philosophy of interpreting the law and Constitution and not rewritng it from the bench. This will enable him to serve with distinction on the federal bench, and this is why the President wisely nominated him. Thus, I respectfully urge my colleagues to vote for the Confirmation of Henry Hudson as judge for the U.S. District Court for the Eastern District of Virginia.

Mr. ALLEN

Mr. ALLEN. Mr. President, today I rise to thank my colleagues for their unanimous support of S. 2037, the Science and Technology Emergency Mobilization Act. I also thank Senator Wyden for his leadership and continued tenacious work on pushing this important measure through the Senate. S. 2037 highlights the vital role technology and innovation play in our Nation's war to protect our homeland from terrorism. As this body has highlighted time and time again, new technologies are being developed every day that can help save lives and improve the ability of our firefighters, police, and first responders to react quickly and effectively to a catastrophic event. As our Nation becomes more dependent upon technology in nearly every aspect of our lives, the level of vulnerability to technological disruptions rises accordingly. We all saw with the problems following the attacks of September 11, the promptness and quality of the technological response to terrorist attacks or natural disasters could mean the difference between life and death. S. 2037, the Net Guard bill, will play a major role in preventing many of the problems that occurred during the attacks against New York and the Pentagon. September 11 taught us two things: (1) how much technological improvements are needed for State, local, and Federal services, and (2) the depth of the reservoir of American goodwill to provide solutions. S. 2037 will call upon the ideas of the best and the brightest minds in the American technology workforce to act as an all-volunteer force to help restore communications and infrastructure operations after a major national disaster. Like all Americans, I was heartened by the volunteer efforts of companies, like Verizon, Intel, IBM, Accenture, and Cingular Wireless, that volunteered both staff and equipment to restore communications in New York and the Washington, DC area. This bill will simply add structure to private sector efforts and encourages the participation of the Nation's science and technology experts to respond to national emergencies. Additionally, this bill creates a ``virtual technology reserve'' consisting of a database of private-sector expertise and equipment that can be called upon, at any moment, by emergency officials during a crisis situation. I believe the all-volunteer teams of science and technology personnel in conjunction with the virtual technology reserve that are created by this legislation will help many Americans by restoring vital services in times of need. There are many enterprises and commercial applications that can be adapted to meet the Government's needs, however currently there is no central location for evaluation or mechanism for recommendation within the Government. I, along with other Senators, receive volumes of information from numerous companies on their different products and ideas regarding the defense of our homeland. As public servants we want to be sure the Government has the necessary structure and process in place to test and apply new technologies to meet our homeland security needs. S. 2037 establishes of a Center for Civilian Homeland Security Technology Evaluation and an online, Internet portal within the Executive Branch. This Center will perform the important task of matching the inventions of the private sector to the needs of our Nation's homeland defense. Additionally, the Internet portal will provide individuals and companies with a single point to access the center and a single point of contact at each federal agency participating in the Center for Civilian Homeland Security. Mr. President, I am glad to see the Senate come together and pass this important legislation and again thank my colleague from Oregon for his leadership. I have truly enjoyed working with him for the successful passage of this positive, constructive utilization of the advances in technology to improve the security of Americans.