Tom Daschle

Mr. DASCHLE

Mr. DASCHLE. Mr. President, one month ago today, more than 6,000 innocent men and women had their lives stolen from them in an act of terrorism so hideous and cruel that it still almost defies belief. In the days since, we have come together--not as Democrats or Republicans--as Americans, to honor the memory of all those who died at the World Trade Center, the Pentagon and in that lonely field in western Pennsylvania. We have come together to tell their families they are not alone. They are part of our American family and we are with them--now in their hour of grief, and in the days and years to come. And we have also come together to say, in the strongest possible terms, that we stand with President Bush in his determination to find those who committed these hideous attacks and hold them accountable, and to destroy their global network of hate and terror. I had the opportunity to join many of my Senate colleagues in the days after the attack to visit Ground Zero in New York City. There, in a mountain of rubble and wreckage that is beyond my ability to describe, I saw a sign scrawled on a wall. It read simply: ``We will never forget.'' That is true. Whether we live another hundred months, or another hundred years, we will never forget the thousands of innocent victims who lost their lives on September 11th. We will never forget the heartbreak of those they left behind, or the stunning bravery of those who tried to save them. And we will never forget our responsibility to find those who committed these evil acts and stop them. That is our promise. In the aftermath of the attacks, America has searched for words to describe the enormity of what happened. Every description has fallen short--and so we simply refer to the day: September 11th. This day has become hallowed in our memories, and in our history. Today, Senator Lott and I are introducing a resolution to honor it on our calendars, as well. This resolution designates September 11 as our national day of mourning and remembrance. We ask that each year on September 11, the President issue a proclamation, the flags be lowered to half-mast, and that America observe a moment of silence. It is yet another guarantee that as years pass, and wounds heal, that we will never forget what happened on that day.

Mr. DASCHLE. I ask for the yeas and nays.

Mr. DASCHLE. I yield back the remainder of my time.

Mr. DASCHLE

Mr. DASCHLE. Madam President, I move to table.

Mr. DASCHLE. Madam President, I have listened to this debate with great interest, and I appreciate very much the arguments made by the Senator from Wisconsin. As the Senator from Vermont and, I believe, the Senator from Pennsylvania, have noted, there are circumstances where I can easily see that we could be sympathetic to his amendment. He makes an argument. My difficulty tonight is not substantive as much as it is procedural. There is no question, all 100 of us could go through this bill with a fine-tooth comb and pinpoint those things which we could improve. There is no doubt about that. I have looked at this bill, and there are a lot of things, were I to write it alone, upon which I could improve. I know the chairman of the committee believes that too. I think we also have to recognize that this is the product of a lot of work in concert with our Republican colleagues, in concert with the administration, in concert with civil liberties groups, and in concert with law enforcement. We have come up with what I would view as a delicate but, yes, successful compromise. Now, if we had opened the bill to amendment, I have no doubt there are many colleagues who would offer amendments with which I would vehemently disagree--in fact, so much so that I might want to filibuster the bill. I would probably lose. I think there is a realistic expectation that on a lot of these issues, my side would lose. I think you could make the same case for the other side. So, we made the best judgment we could, taking into account the very delicate balance between civil liberties and law enforcement that we had to achieve in bringing a bill of this complexity to the floor. I have to say, I think our chair and ranking member and all of those involved did a terrific job under the most difficult of circumstances. What we did was to say: Let's take this product and work with it; let's review it; if we have to make some changes, let's consider them; but let's recognize that if we were to take this bill open-ended, there would be no end to the amendments--that is the result that would most likely occur in such a circumstance. While I may be sympathetic to some amendments offered tonight, had it been an open debate, there would have been a lot of amendments for which I would not have been sympathetic. Given those circumstances, my argument is not substantive, it is procedural. We have a job to do. The clock is ticking. The work needs to get done. We have to make our best judgment about what is possible, and that process goes on. I hope my colleagues will join me tonight in tabling this amendment and tabling every other amendment that is offered, should he choose to offer them tonight. Let's move on and finish this bill. Let's work with the House and come up with the best product between the Houses. Then, let's let law enforcement do its job, and let's use our power of oversight to ensure that civil liberties are protected. I make a motion to table.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, I send an amendment to the desk.

Mr. DASCHLE. I ask unanimous consent the reading of the amendment be dispensed with.

Mr. DASCHLE. Mr. President, I announce to all our colleagues there will be no more rollcall votes today. Details about tomorrow's schedule will be made available a little later in the day.

Mr. DASCHLE. Mr. President, I send a cloture motion on the amendment to the desk.

Mr. DASCHLE

Mr. DASCHLE. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. DASCHLE

Mr. DASCHLE. It is possible, certainly, I agree with the Senator.

Mr. DASCHLE. Mr. President, before the clerk reports, let me thank all of our colleagues. I know this has been a very difficult, extremely contentious matter, and I appreciate very much the support of all of our colleagues. While he dislikes it when I do it, I especially again thank my colleague, Senator Reid, for all of his effort and work getting us to this point. I thank Senator Lott for his corroborative effort. I appreciate, again, the work we have been able to do to get to this point. I thank all Senators and yield the floor.

Mr. DASCHLE. I again propose the unanimous consent.

Mr. DASCHLE. Mr. President, I ask unanimous consent the order for the quorum call be dispensed with.

Mr. DASCHLE. If I could respond to the distinguished Senator from Arizona, we would get bogged down on the aviation security bill again. If there is time in which we are in quorum calls, it seems to me we could more productively use that time, given the time constraints under which we now have agreed to take up the counterterrorism bill, to use that time more productively.

Mr. DASCHLE. I ask unanimous consent that the Senate now proceed to S. 1447 and that the majority leader, after consultation with the Republican leader and the chairman and ranking member of the Commerce Committee, may turn to the consideration of S. 1510, and the bill be considered under the following time limitation: That there be 4 hours equally divided for debate on the bill to be equally divided between Senators Leahy and Hatch or their designees; that 30 minutes of the Republican time be allocated to Senator Specter; that there be a managers' amendment in order to be cleared by both managers; that the only other amendments in order be four relevant amendments to be offered by Senator Feingold or his designee on which there shall be 40 minutes for debate on each, with 25 minutes under the control of Senator Feingold and 15 minutes under Senator Leahy's control, on which there shall be votes on or in relation thereto; that if at the conclusion of the time for debate on this bill the managers' amendment has not yet been adopted, it be agreed to; that the bill be read the third time, and the Senate vote on final passage of S. 1510.

Mr. DASCHLE

Mr. DASCHLE. Mr. President, I compliment the distinguished Senator from Montana for his comments about our former majority leader. I was one of those who was fortunate enough, as he was, to know Senator Mansfield--not nearly as well, of course, as Senator Baucus did, but well enough to seek his counsel, to enjoy his friendship, to be provided with his guidance on so many occasions over the years that I have had the good fortune to serve as leader. Mike Mansfield, in every way, shape, and form, was a Senator whom all could admire, a Senator who understood that in this body of loquaciousness there is an eloquence to simplicity, that in this place of debate there is always an opportunity for decency, that in this location, as we consider those who are more prominently seen throughout the country in positions of leadership, there is that quiet strength that came from a Mike Mansfield. Mike Mansfield once said, ``when I am gone, I want to be forgotten.'' With all due respect to my dear friend and teacher, he will never be forgotten. Mike Mansfield began his service to America as Senator Baucus noted, when he was 14, when he managed to enlist in the Navy in World War I. Eventually, he would serve in both the Army and the Marine Corps as well. He served 34 years in Congress, 24 of them in the Senate. He said he achieved the height of his ambition when he was elected Senator from Montana. But it was certainly not the height of his achievement. He served as majority leader longer than any other leader has in our Nation's history--16 years. Following that, for 12 years, under two Presidents--one Republican and one Democratic--he represented America as our Ambassador to Japan. He said he had three great loves in his life. The first was obvious. The first was his wife, Maureen--his partner for more than 65 years. She was the one who forced an eighth grade dropout to leave the coal mines of Montana, go to college, and make something of himself. The second was his beloved State of Montana. The third was this institution, the U.S. Senate. The Senate majority leader has been called ``the first among equals.'' No one deserved that title more than Mike Mansfield. He was wise. He was decent. He was endlessly patient. He was a man who deeply believed in the ability of free people to govern themselves wisely. It is no coincidence that the Mansfield years remain the most civil and the most productive in our Senate's history. He was a steady hand during turbulent times. In the sad and anxious days that followed President Kennedy's death, Senator Mansfield's words and poise helped calm this Nation. In the years that followed he led the Senate to the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965. During his tenure, he led the Senate through a war in Vietnam and the resignation of a President. The last time Mike Mansfield spoke to a group of Senators was 3\1/2\ years ago when he returned to the Capitol to inaugurate the leaders' lecture series begun by my colleague and friend Senator Lott. On that night, Senator Mansfield delivered a speech that he had written many years earlier. He wrote the speech to answer critics who said he was not forceful enough as majority leader. He said he had intended to give the speech on a quiet afternoon when there would be no news to compete with. The date he had chosen was Friday, November 22, 1963. A week later, as the Nation grieved, Senator Mansfield simply inserted his remarks in the Congressional Record. Thirty-five years later, he returned to the Capitol and delivered them for the first time. I want to read a section of those remarks. I have always felt that the President of the United States--whoever he may be--is worthy of the respect of the Senate. I have always felt that he bears a greater burden of responsibility than any individual Senator for the welfare of the nation, for he, alone, can speak for the nation abroad; and he, alone, at home, stands with the Congress as a whole, as constituted representatives of the American people. In the exercise of his grave responsibilities, I believe we have a profound responsibility to give him whatever understanding and support we can, in good conscience and in conformity with our independent duties. I believe we owe it to the nation of which all our states are a part--particularly in matters of foreign relations--to give to him not only responsible opposition, but responsible cooperation. And finally, within this body, I believe that every member ought to be equal in fact, no less than in theory, that they have a primary responsibility to the people whom they represent to face the legislative issues of the nation. . . . And to the extent that the Senate may be inadequate in this connection, the remedy lies not in the seeking of shortcuts, not in the cracking of nonexistent whips, not in wheeling and dealing, but in an honest facing of the situation and a resolution by the Senate itself, by accommodation, by respect for one another, by mutual restraint and, as necessary, adjustments in the procedures of this body. The constitutional authority and responsibility does not lie with the leadership. It lies with all of us individually, collectively and equally. And in the last analysis, deviations from that principle must in the end act to the detriment of the institution. And, in the end, that principle cannot be made to prevail by the rules. It can prevail only when there is a high degree of accommodation, mutual restraint and a measure of courage--in spite of our weaknesses--in all of us. It can prevail only if we recognize that, in the end, it is not the Senators as individuals who are of fundamental performance. In the end, it is the institution of the Senate. It is the Senate itself as one of the foundations of the Constitution. It is the Senate as one of the rocks of the Republic. So said Senator Mansfield and so it is advice to all of us. We are in the Senate today considering matters of the gravest national importance. I can think of no better advice than the sage guidance Mike Mansfield left for all of us. His words are at least as important today as they were when he delivered them 3\1/2\ years ago and when he wrote them 38 years ago. We were lucky to have Mike Mansfield for as long as we did. Now we have his remarkable example. That itself is a considerable gift. We should treasure it. We should live by it. Our thoughts and prayers go to his daughter Anne. Contrary to Mike Mansfield's wishes, Mike Mansfield will never be forgotten. I yield the floor.

Mr. DASCHLE

Mr. DASCHLE. Madam President, that is exactly the problem we have had with the Senator from Wisconsin and others over the course of the last several days. There is a desire on the part of Senators to amend the bill but no amendments are available. I cannot agree to amendments I have not seen, obviously, and I think it is asking a good deal of all the Senate that we reserve opportunities for him to offer amendments without having the opportunity to see the amendments themselves. Of course, I have to object to that. I am very disappointed. This bill has been on the calendar now for some time. It has been available for all Senators to review. We have had the opportunity to discuss it in caucus now on several occasions. It has been available for discussion, certainly for further consideration, as Senators have had the opportunity to talk to the distinguished Chair, with me, and with others. So I am understandably concerned about the request of the Senator from Wisconsin. Obviously, I am not able to agree to it.

Mr. DASCHLE. Madam President, we have been negotiating in good faith on both sides of the aisle all day long. As you know, there have been Republican objections to moving directly to the airport security bill. We are still in that postcloture period where the 30 hours are being consumed as we attempt to address the need to move directly to the bill. Tomorrow at 5 o'clock, we will have that opportunity. It was my hope, in consultation with Senator Lott, that we could move in the interim to the counterterrorism bill. So much work and effort and negotiation has gone into getting us to this point that it was my hope, in the interest of expediting consideration of this bill, that we would have the opportunity to take it up, and it would be my hope we could take it up tonight, work through the day tomorrow, and then have a vote on final passage tomorrow. I ask unanimous consent that at 10 o'clock tomorrow, the Senate turn to consideration of S. 1510, the antiterrorism bill; that the time between then and 5 o'clock be equally divided between Senator Leahy and Senator Hatch; that the only amendment in order be a managers' amendment to be cleared by both managers, with 30 minutes of Republican time under the control of Senator Specter; that at 5 p.m. tomorrow, the bill be read the third time, and the Senate vote without any intervening action or debate on final passage. Further, upon disposition of S. 1510, the Senate immediately vote on the motion to proceed to S. 1447.

Mr. DASCHLE. Will the Senator from Wisconsin be prepared to insert the text of the amendments in the Record this evening?

Mr. DASCHLE. Madam President, I again propound the unanimous consent request.

Mr. DASCHLE. I yield the floor.

Mr. DASCHLE

Mr. DASCHLE. If the Senator will yield, I will simply say it is the right of any Senator to ask for his or her time allocated to postcloture debate. As everyone in this body knows, you have 30 hours of postcloture debate after cloture has been achieved. We have now voted on cloture, and Senators are entitled to a 30-hour debate. It is my hope we can accelerate and somehow bring to closure this postcloture period of debate so we can somehow get on the bill. I do not think it is in anybody's interests right now to be exacerbating the situation with any kind of accusations about who is at fault. We are going to try to work through that. I just hope we can work through it in a way that will accommodate debate on the bill and ultimately a successful conclusion of that debate so we can enact this legislation this week. It is critical that we get this work done. No Senator has to be reminded of that. Again without acrimony, without pointing fingers, let's see if we can work through it in a constructive way, and that is my intention. I will be speaking to the Republican leader momentarily, as well as, again, to the ranking member of the Commerce Committee, as we try to find a way to resolve whatever outstanding problems there still are. I thank the Senator for yielding.

Mr. DASCHLE

Mr. DASCHLE. Madam President, it was my hope we could move directly now to the bill, given the 97-0 vote on the motion to proceed. As I understand it, there are still objections to go to the bill itself. I hope we can work through whatever objections there may be on the other side so we can get on the bill and begin offering amendments and coming to closure of this bill quickly. We have a lot of work. All of it is being held up now as a result of our inability to get that work done. In the interim, it would be my hope for those Senators who had come to the floor with the expectation they could speak as if in morning business on Senator Mike Mansfield and other matters, we accord Senators that opportunity. I ask for the next hour that the Senate stand as if in morning business to accommodate Senators who wish to speak in tributes to Senator Mansfield and other matters.

Mr. DASCHLE

Mr. DASCHLE. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.