Ted Kennedy

Mr. KENNEDY

Mr. KENNEDY. Mr. President, a month ago today, America was attacked by vicious terrorists bent on doing all they can to undermine our Nation, our freedoms, and our way of life. But they have failed. Our country has never been more united behind the ideals that make us strong, or more committed to protecting our security. In recent weeks, we have sought international cooperation and received it. We have asked our men and women in uniform to protect and defend our Nation, and they are doing it superbly. We are equally committed to preserving our freedoms and our democracy. The goal of this antiterrorism legislation is to achieve greater coordination between the law enforcement and intelligence communities, while protecting the civil liberties of American citizens. We must give the Secretary of State and the Attorney General the tools to stop terrorists from entering our country, while guaranteeing America's proud tradition of welcoming immigrants from around the world. The terrorist attacks of September 11 make it an urgent priority to act as soon as possible. The INS and the State Department must have the technology and intelligence information they need to make quick and accurate decisions on whether to admit anyone to the United States. We must also take urgent steps to improve security at our borders with Canada and Mexico, to keep terrorists from entering the country illegally. These improvements in the immigration laws can make a huge and immediate difference. Immigration security is an indispensable part of our national security. As we protect our country, we must also protect the founding principles that have made our nation great. We must respond to the current crisis in ways that protect the basic rights and liberties of our citizens and others residing legally in the United States. Currently, the INS has broad authority to act against any foreign national who supports terrorism. With respect to visitors, foreign students, and other non-immigrants, as well as immigrants already in this country, the Federal Government has a broad range of enforcement tools. The INS may detain certain non-citizens if they pose a threat to national security or are a flight risk, and they may do so on the basis of secret evidence. The INS may also deport any alien who has engaged in terrorist activity, or supported terrorist activity in any way. If the INS has the resources to use its existing authority fully and fairly, we will be far closer to ensuring our national security. Nonetheless, loopholes may exist in our current laws, and we should close them. In recent weeks, many of us in Congress have worked closely with the administration to strengthen the law without creating serious civil liberties concerns. Although we have made progress, more remains to be done. I continue to be concerned that the Attorney General has the authority to detain even permanent residents without adequate cause, and with very few due process protections. We must be cautious that new measures are not enacted in haste, undermining current law in critical and constitutionally troubling respects. We must avoid enacting legislation with vague and overly broad definitions or legislation that punishes individuals exercising constitutionally protected rights. Consistent with these basic principles, it is essential for Congress to strengthen the criminal code in response to the September 11 attacks. We must increase penalties for terrorists and those who support terrorist activity. We must punish those who possess biological weapons and commit acts of violence against mass transportation systems. We must also ensure that victim assistance and victim compensation programs are able to help all the victims of the September 11 attacks. In fact, the current bill makes several important reforms to the Victim of Crimes Act to achieve that goal. I am concerned, however, that by authorizing foreign-intelligence searches where foreign-intelligence gathering is only ``a significant purpose''--not the sole or primary purpose--of the search, the bill may well make the Foreign Intelligence Surveillance Act unconstitutional under the fourth amendment. We must also ensure that, in acting to expand the powers of law enforcement to obtain student educational records for the investigation and prosecution of terrorism, we adequately safeguard the interests of innocent students. We should not permit schools and colleges to transfer student records to law enforcement agencies indiscriminately. We have worked closely with the administration to develop measures that strike a balance between the legitimate interests of law enforcement and the privacy of students. In the wake of the September 11 attacks, we have also seen a disturbing increase in hate-motivated violence directed at Arab Americans and Muslim Americans. The Department of Justice is currently investigating over 90 such incidents, including several murders. We need to do more to combat the acts of hate that cause many Arab and Muslim Americans to live in fear. Under current law, the Department of Justice cannot prosecute such cases as hate crimes unless it can prove that the victim was engaged in one of six ``federally protected activities''--such as voting or attending a public university--when the crime occurred. This requirement is an unwise and unnecessary constraint on effective law enforcement and may hamper the Department's ability to prosecute some of the cases it is now investigating. The bipartisan hate crimes bill passed by the Senate last year and approved again by the Judiciary Committee in July would remove the ``federally protected activity'' requirement from the law--making it easier for the Justice Department to prosecute hate crimes--while still ensuring that the Federal Government is only involved when necessary and appropriate. Congress and the President must send a strong and unequivocal message to the American people that hate-motivated violence in any form will not be tolerated in our nation. There are provisions in the Uniting and Strengthening America Act that do not strike the correct balance between law enforcement authority and civil liberties protection. However, I am confident that working with the House of Representatives and the administration, we can enact a final bill that meets these important concerns. We can send the President a tough, comprehensive, and balanced anti- terrorism bill. The important work we do in the coming days will strengthen America, and make America proud of its ideals as well.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I welcome the opportunity to join with Senator Carnahan in urging the Senate to provide some important relief for workers and workers' families whose loss of jobs were directly related to the terrible terrorist attacks which took place here earlier in September. I think all Americans have been struck by a variety of different emotions in these recent weeks. I absolutely found them inspiring, almost beyond description in so many different ways. Obviously, the extraordinary loss of life was breathtaking in its scope and its impact on so many families. But we saw absolutely extraordinary heroism by many individuals who never, probably, considered themselves to be heroes or heroines. I think that has been emblazoned on the minds of people all over this country, and really all over this world. It will be a proud part of our Nation's character and history. Something else we have seen is extraordinary acts of generosity towards our fellow citizens. Americans are a generous people. I think all of us have seen, in small, personal ways as well as in large ways, the scope of these contributions to the Red Cross, the contributions of blood, doctors running down to hospitals--so many different acts of generosity. That really is the background of the time we are meeting. It is true of the time we are meeting here this evening. In the immediate wake of the tragedy, this institution responded to the challenge to our transportation system, our airline transportation system. In a very short period of time, because of the nature of the emergency, because there had been direct governmental intervention, where airlines were closed down, we took action in order to try to provide some relief to that industry. We took those steps, and we are very hopeful they will be enough to make sure that industry will continue to play an important role in our national economy. Now we took care of management during those actions. They are going to make sure their salaries are going to be paid. The management of the airline industry was taken care of, some of them in extremely generous ways. But we believed at the time we had to take that kind of action. Now what are we being asked to do under the Carnahan amendment? All we are saying is, fair is fair. We have taken care of the management in the airline industry, we have taken care of the airline industry, now we are talking about being fair to the workers in the industry. Fair is fair. The American people understand fairness. That is what the Carnahan amendment is basically all about. It is reflected in unemployment insurance, COBRA assistance and training. But it is about fairness. Those workers include the reservation personnel, customer service personnel, flight attendants, baggage handlers, mechanics who fix the planes, the workers who clean the planes, the food service workers, the shuttle drivers--you could go on and on. One hundred and twenty thousand of them have been thrown out of work--not because of their failure to perform good services, not because they were not working hard, and not because they weren't producing, but because of terrorist acts. On the one hand, we have taken care of management. The Carnahan amendment says we are now going to try to take care of the limited group, the workers. Fair is fair. Americans understand it. We are using the first vehicle to be able to do it. Some of us would have preferred that we did it at the time of the airline action, but so many of the voices that are opposed to this tonight said: Oh, no. We can't do that now. We shouldn't do that at this moment. We have to look out for the airlines. When we bring it up, they say: No. It is an extraneous matter. Americans understand what is happening. More than 120,000 of these workers expect someone to speak for them. And the someone who is speaking for them will be the Members of Congress, the Senate, in a bipartisan way, I might add, with this amendment. In a bipartisan way we are going to speak for those workers. That is what this debate and discussion is all about. Let us get to the business of voting on this measure. Let's get to the business of completing the action on airport security. Then let us go ahead and deal finally, hopefully, in the next 2 weeks with the economic package to look after other workers who are also suffering. I am always interested when I listen to voices on the other side complain about unemployment insurance. We should really understand that workers have already indirectly paid into the unemployment compensation. Do we understand that? Workers pay into unemployment compensation. I am not sure how much management paid in and how much they paid at the time that we took care of the airline industry. And I voted for it and I support it. But we are talking about a major aspect of this program being extended unemployment compensation. Workers pay into unemployment compensation over a long period of time. Because we have been blessed with a strong economy, with strong price stability, economic growth, and low inflation, there has not been the necessity for unemployment compensation. But it is part of the safety net that has been accepted and supported in our society. I know there are people who are opposed to that in this body as well, and continue to be opposed to it. But it is there. Workers pay into it. They need it. They need it at a time such as this when they have lost their jobs. This is a very modest program. It is unemployment compensation where workers receive a small percentage of what they otherwise would have received had they been able to retain their jobs. It helps them to maintain health insurance. All of us understand the dangers. Every family understands the dangers if they lose their health insurance and what kind of additional pressure that puts on the families. For lower income families, it helps them in terms of buying into Medicaid--a very modest program in terms of the training for those who understand, as the persons did whom I talked with last night in Boston. They had been laid off when Eastern Airlines collapsed. They are now laid off by US Airways. They said they were going to try as people in their middle years to take the training programs that are out there to try to find a different sector. They just believe they have to start in a new area and a new career. I look forward to the vote. The American people know this is relevant. It is absolutely essential. They can understand when you take care of the management, as we have, and take care of the industry, that workers have been a part of that whole process. If it had not been for those terrorist attacks, probably 95 percent of those workers would have been working either today, tonight, or tomorrow. As a direct result of that attack, these individuals have lost their livelihood. The question is whether we are going to be responsive in a measured, modest way that will permit them to at least hold their families together for a short period of time until they can either find the training or be recalled to work. That is the least we can do for working families in this country. I hope cloture will be obtained on this particular amendment. The airline industry suffered enormously in the September 11 terrorist attacks. Congress has already made billions of dollars in federal relief available to the airlines. And now it is time for us to give urgently needed relief to the thousands of airline workers who have also been financially devastated by this tragedy. The men and women who worked for the airlines and airports deserve our help today. We know that layoffs in the airline industry alone are expected to total about 120,000 workers. American Airlines and United have each announced layoffs of 20,000 workers. Continental, Delta, Northwest, and US Airways have each announced layoffs of more than 10,000 workers. Workers with smaller airlines have been hit even harder. Spirit has laid off 30 percent of its workforce while ATA is laying off about 20 percent of its workers. We need to do more for workers like Penny Bloomquist of Minnesota. She was just laid off from her dream job as a flight attendant for Northwest Airlines. After working a range of different jobs while raising her children, Ms. Bloomquist sacrificed mightily to enroll in Northwest's six-day a week training program. Instead of living her dream today, she is instead selling off many of her belongings. The Carnahan-Kennedy amendment will provide much-needed relief for Ms. Bloomquist and thousands of workers like her. Extended unemployment insurance benefits, job training benefits, and health care coverage will be available to airline workers, for workers who build our airplanes, and for airport workers, including airline food service employees. Only those workers who lost their jobs as a direct result of the attacks of September 11 or security measures taken in response to the attacks will be eligible for these benefits. Fair is fair. Congress treated the airlines fairly, and now we must treat the workers fairly. Tens of thousands of other airline employees deserve unemployment insurance benefits. They deserve job training assistance. They deserve fair health care coverage, and they deserve it as soon as possible. Under our amendment, workers who have exhausted their 26-week eligibility for state unemployment insurance would be eligible for additional weeks of cash payments funded entirely by the federal government. This amendment will also provide unemployment insurance benefits to airline workers who are not currently eligible for state unemployment benefits. Workers who do not meet their State's requirements for unemployment insurance would receive 26 weeks of federally financed unemployment insurance. The amendment will provide job training benefits to get people back to work. Workers who are not expected to return to their jobs in the airline industry will be eligible for retraining benefits. Other workers who are not expected to return to their original jobs, but who may find some alternative job in the airline industry, will be eligible for training to upgrade their skills. Our amendment will also provide health care benefits to laid off airline and airport workers. Too often families cannot afford to pay to continue their health coverage after layoffs. They are forced to choose between health care and other basic family needs. In fact, almost 60 percent of the uninsured today have lost their job in the past year. For airline workers who are currently covered under their employer's health plan, the federal government will reimburse 100 percent of their COBRA health care premiums. Workers who did not receive health care through their employers will be eligible for Medicaid, with the federal government covering 100 percent of the premiums. We also need to do more for workers in other industries--especially the travel, tourism, hospitality, and restaurant industries that have been hit so hard. Last week, the Labor Department announced that unemployment claims climbed to the highest level in nine years. New claims for unemployment increased by 71,000 to a total of more than 528,000 in just one week. Relief for these workers must be a significant part of the economic stimulus legislation that Congress will soon take up. These workers have lost their jobs with little, if any, severance pay, and little, if any, health insurance. We cannot abandon these workers and their families. These attacks have also jeopardized the nation's overall economic health. In New York City alone, the overall cost of the World Trade Center attack could be as much as $105 billion over the next two years. Nationally, the Department of Commerce recently reported our worst quarter of economic growth in over 8 years. Expanding Unemployment Insurance is one of the most effective ways to get our economy moving again. Unemployed workers have to spend every penny just to feed their families and pay their rent. So, for every dollar we give to unemployed workers, we expand the economy by more than $2.15. We must do all that we can to strengthen our economy. Helping workers during a slowing economy is good economic policy. The unemployment insurance system will be critical to the nation's recovery and economic strength. Historically, Congress has ensured extended benefits for each recession since the 1950s. Surely as we face this national crisis we should do the same for today's workers. If we act soon to provide extended benefits nationally, we will avoid the mistakes of the early 1990s. At that time, we waited the better part of a year to act. At the same time, hundreds of thousands of workers exhausted their benefits. This time must be different. We need to act now. Not only will millions of workers be directly helped financially, but according to a recent study commissioned by the Department of Labor, unemployment insurance with the federally extended benefits reduces the number of workers who become unemployed. By improving and extending unemployment insurance, history shows that we will have a shorter, less severe recession. Good unemployment benefits will help workers bridge the gap between jobs, and put money in their hands. Unemployed workers will spend these unemployment benefits, rather than save them. If fact, the DOL study concluded that unemployment insurance, with its extended benefits, mitigates 15 percent of the loss of GDP that otherwise would occur during a recession. We need this stimulus for the economy. Every day we delay, more workers suffer. Working men and women are waiting for this help. We owe it to them to act, and we will have the chance to do just that one the economic stimulus legislation that we soon take up. The issue before us now is relief for airlines workers. A strong airline industry is critical to the national economy. We need to keep the airlines flying--but we also must provide critical assistance for the airline workers who lost their jobs, and now is the time to do that. I urge my colleagues to stand up for airline workers by passing the Carnahan-Kennedy amendment to give these workers the genuine relief they need.

Mr. KENNEDY

Mr. KENNEDY. Madam President, I welcome this opportunity to commend a distinguished citizen of Massachusetts, William F. Hofmann III of Belmont, who is now completing his highly successful term as president of the nation's largest insurance association--the Independent Insurance Agents of America. Bill is partner in Provider Insurance Group, which has offices in Belmont, Brookline and Needham in Massachusetts, and his career has long been notable for his outstanding contributions, and dedication to his community and his profession. Bill began his service in the insurance industry with the Massachusetts Association of Insurance Agents where he served as president. He also served the State as its representative on the national board of the Independent Insurance Agents of America. Bill was elected to IIAA's Executive Committee in 1995, and became its president last fall. He has worked effectively through the IIAA to strengthen the competitive standing of independent insurance agents by helping to provide the support they need to run more successful businesses. He served as chairman of IIAA's Education Committee for four years, and in 1994 he received a Presidential Citation for his work in this area. For many years, Bill has also been an active and concerned member of his community. He served as president and as a member the Board of Directors for the Boston Children's Service, and has been active in the Belmont Youth Basketball program. He served as chairman of the Belmont Red Cross, and as treasurer for the Belmont Religious Council. Bill is an elected town meeting member, finance committee member, and registrar of voters in Belmont. I commend Bill for his leadership in all these aspects of his brilliant career, and I know he will continue his service to our community in the years ahead. Massachusetts is proud of him for all he has done so well.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I have talked to the managers of the bill about two amendments I intend to offer. I would like to comment about these matters now and will be glad to get into a greater discussion about them later. I believe that these amendments address issues that are extremely important and directly relate to our fighting men and women and those service members who have disabled children. First, I want to thank the committee, especially Senators Levin and Warner, for taking the first step toward ensuring that disabled families of our active-duty military have greater access to the health care they deserve. The first amendment I intend to offer is another step toward achieving that goal. Early last year, a young man in the U.S. Air Force, SGT Faye, drove over 12 hours with his wife and disabled 4-year-old daughter to testify how important it was to make Medicaid more accessible. Why? The military health care system does not provide for his daughter's needs, and Medicaid does. Unfortunately, in order to continue her eligibility for Medicaid, this service member could not accept a promotion to the next rank. No member of the Armed Forces who risks their life for our country should ever be put in a position of having to decide between health care for a disabled child and doing their job for our country, nor should these families have to rely on Medicaid to find health care that works. My amendment corrects the injustices these families have suffered by giving these families in TRICARE what they effectively receive in Medicaid. It allows disabled dependents to receive the health care that is necessary to maintain their function and prevent further deterioration of their disability, provides community-based services so disabled dependents can stay at home with their families and live in their communities rather than being institutionalized. This is no different from what Medicaid provides. The amendment includes respite care and hearing aids which can help a disabled person stay or become independent. It includes more flexible mental health services, and also gives the physician the final decision regarding what health care services are necessary. These guarantees are effectively what are in existence under the Medicaid program. But what harmed SGT Faye was that in order to be able to get these kinds of services for his 4-year-old child, he had to decline his promotion to the next rank a promotion that would have raised his family's income above the Medicaid threshold. SGT Faye had outstanding recommendations and the Air Force wanted to promote him, but he couldn't accept it because it meant giving up the health care his daughter needed. Right now, the President is activating many servicemen and women who face these very same circumstances. We clearly know that these servicemen and women should not have to worry about finding adequate health care for their children, especially when their children have a disability. Half of all the members of the Armed Forces are married, more than half have children, and many of those children are under 10 years of age. As in any population, a number of those children are special needs children and require the services I have outlined. This amendment ensures that servicemen and women don't have to go to Medicaid to get the health care their children need. We know how far we have come, over many decades, to guarantee that disabled people have the health care and independence they need to be participating members of their communities. Our military families with disabled dependents should not be denied that opportunity. These improvements to TRICARE are some of the most significant steps we can take in this Congress. They offer a new and better life to large numbers of military families. I commend Senator Cleland, who did a great deal of work in this area and provided great leadership in the development of a number of different programs to reach out to children with special needs. This amendment gives servicemen and women and their disabled family members the health care they need. My other amendment also addresses the needs of our military families, but from a different angle. It relates to the needs of the families of servicemen and women who will be impacted by the call up of the National Guard and Reserves components. As we examine the immediate and long-term needs of our military, we cannot forget the families, especially the children, whose daily lives and routines are disrupted by their parents' commitments to preserving America's freedoms. Husbands and wives, parents and children, will be separated more frequently and for longer periods during the coming months and years. These separations will be filled with uncertainty about the safety of their loved ones, and the families will be profoundly affected. Today, over half of the active-duty members are married, almost half have children. There are 2 million family members of active-duty personnel and 900,000 family members of those in the Reserve. There are nearly half a million children under the age of 6 of active-duty members, and a majority need some type of child care. Families of reservists will also be affected because they often lack the support provided by military installations. Reserve members are located in more than 4,400 communities nationwide. More than half of them live at least 75 miles from a military installation. Support is especially critical to provide needed assistance to these geographically isolated families. This amendment uses the lessons learned from Desert Storm and Bosnia to authorize additional wartime support for military families. Included are provisions for child care and youth programs and family support programs, such as parent education, to help families cope with the stress of deployments. It also provides assistance for Reserve families geographically separated from military installations, as well as support for security for DOD schools and children's facilities in areas of high risk for terrorist attacks. We have a number of children attending schools that are off base that come to mind immediately. In Turkey, children of U.S. service members ride in buses through areas which could put these children at risk should there be any deterioration in the security conditions we are facing throughout the world. This amendment would also provide additional resources for protecting these children in overseas schools. Many husbands and wives share child care responsibilities. When a service member deploys, the burden is left to one spouse, and in some cases a guardian. The need for child care is greater. If a spouse works irregular hours, such as nights or weekends, the challenge is even more difficult. In many instances, the base operating hours are extended and longer shifts are required. Additional operating funds are needed for the non-traditional care in centers and family child care homes. Guard and Reserve families do not typically live close to the military bases where they can obtain military child care. We should do all we can to offer these families the same assistance with child care that we are offering active-duty personnel on their bases. We can do so through a cooperative agreement with The National Resource and Referral networks. Modeled on a project called ``AmeriCorps Care'' established by the National Service Corporation. Child care assistance can be provided on the same sliding fee scale available to military families on base. This step will prevent financial hardships for many young reservists called to active duty. With parents not available, youth, especially young teens, are stranded, with no place to go after school or no way to get to after school activities. Families not located close to installations find child care problems after school. Youth are often left home alone after school. During Desert Storm, to help give parents peace of mind that children were engaged in positive after school activities, transportation and activities were provided free to over 17,500 Guard and Reserve families through a partnership between DOD and the Boys and Girls Clubs of America. The youths participated in after school programs, sports and recreational activities, and received help with homework. We ought to be prepared to provide those kinds of services to these Guard and Reserve families. This is what was done during the Persian Gulf War. It worked well then and was good for the morale of the Reserve and the Guard who were serving overseas. My amendment doesn't reinvent the wheel. We had many of these programs in place before. We simply need to reauthorize them for today's deployments. During Desert Storm, additional aid funds were provided to civilian community schools when large units were deployed. We also learned during Desert Storm that there is a need for counselors for family support activities. This amendment authorizes the additional funds for counselors. There are serious school security issues on our overseas bases, including safety on school buses in foreign countries. Approximately 40 percent of military families living overseas live off their bases. Their children are bused to schools, either on the base, or, in many cases, to schools in unprotected foreign communities that are potential targets for terrorist attacks. We also need to fund bus safety personnel and equipment for school buses to ensure the personnel are adequately trained to identify risk. Military families face an extended period of anxiety and sacrifice for our Nation. It is our responsibility to ensure they have the support they need in the face of this extreme danger and sacrifice. I urge the Senate, when we have the opportunity, to support my amendments. I suggest the absence of a quorum.

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

Mr. KENNEDY

Mr. KENNEDY. Mr. President, the aftermath of the despicable terrorist attacks continue to weigh heavily on our hearts, and I again express my deepest sympathy to those lost and injured in the attacks, as well as their families. We will do everything in our power to bring all of those responsible to justice and I am confident that our military, both active and reserve, stand ready to act in response to act. Congress will see that they are given all they need to accomplish the missions they are given. This bill increases defense spending. It focuses on improving readiness, and also improving service member quality of life. It contains the largest defense spending increase in many years. At $329 billion, a $33 billion increase over last year, this bill represents a significant new investment in service members and the nation's security. As chairman of the Seapower Subcommittee, I have strongly advocated strengthening Navy, Marine Corps and Strategic Lift forces. The worldwide presence of our armed forces requires at least a 300-ship navy. The Navy is facing a serious shortfall in the numbers of ships available to meet the Nation's future security needs. This bill fully funded the President's request for most major programs, including the Virginia Class attack submarine, the DDG-51 AEGIS Destroyer, research and development for the DD-21 land attack destroyer, and 13 additional C-17 airlift aircraft. The bill also supports a series of transformation initiatives, especially the Trident submarine conversion. The Navy's budget called for converting only two of these submarines. The bill includes an increase of $307 million to reserve the option of converting all four submarines. I believe that these converted submarines can make a significant contribution to the Navy in the future. The committee also considered the V-22 Osprey program and the future role of this aircraft. We agree that the production line needs to remain open and we have authorized the minimum sustaining production of nine aircraft. It is the committee's belief that the minimum sustaining rate is nine rather than twelve aircraft. This reduced number of aircraft will also limit future retrofit costs that the existing V-22 aircraft will require. The committee also recommended the program for the Air Force V-22 version, the CV-22, be restructured by removing the funding for acquisition, but supporting research and development. Our Armed Forces continue to operate and train at a more robust level than at any other time during this Nation's history. At this moment, service members are being mobilized for possible action in the current crisis. They are already risking their lives daily by actively enforcing the no-fly zones over Iraq and patrolling the Arabian Gulf for oil smugglers. Our men and women in uniform are overseas providing stability in Kosovo, and they are now involved in bringing peace to Macedonia. They are also monitoring the demilitarized zone in Korea, and they are assisting in the battle against drugs in Central and South America. These activities are in addition to the daily exercises they conduct at home and with our allies overseas to maintain the readiness of our forces. All of America's men and women in uniform put our Nation's interests above their own. When called upon, they risk their lives for our freedom. As a nation, we often take this sacrifice for granted, until we are reminded of it again by tragic events such as the vicious attack on the Pentagon. They face constant risks in training for the many missions that they are called upon to carry out. This past year, seven Army personnel lost their lives when their helicopters crashed in a night training exercise in Hawaii. Two Marine AV-8B pilots died in a training flight in North Carolina. We lost 21 National Guardsmen when their transport plane went down in Florida. The cost of training in the name of peace and security is high, and we are very proud of the brave men and women who accept these risks to defend our Nation and our ideals. In this bill, we continue the efforts to support service members and their families. The bill grants a minimum of a 5 percent pay raise, with personnel in certain pay grades receiving raises between 6 and 10 percent. This raise is the largest since 1982, and the third straight year that the committee has authorized a significant pay raise above the rate of inflation. The committee also recognizes the importance of providing service members with decent housing and work conditions. The bill provides $451 million above the budget request for military family housing and facilities. The bill also expedites the timeline for the gradual reduction to zero of the out-of-pocket housing costs for service members living off base, from 2005 to 2003. We also provide additional funding to cover the costs of military health care for service members and their families. These are important quality of life improvements that our dedicated, well-trained men and women deserve, and they are important steps in retaining them in the armed forces. The bill allows the transferability of GI bill benefits. Senator Cleland's dedication to this issue has resulted in the authorization of $30 million to allow the transfer of up to 18 months of unused G.I. Bill education benefits to a family member, in return for a commitment of four more years of service. The bill also includes significant parts of the Tricare Modernization Act, which I introduced earlier this year, to ensure that disabled family members of active duty service men and women have access to the health care they deserve. Early last year, a young man in the Air Force drove 12 hours with his wife and disabled four-year old daughter to testify to Congress about the need to make Medicaid more accessible, because the military health care system did not adequately meet his daughter's needs. In order to continue her eligibility for Medicaid, he could not accept a promotion to a higher rank. No member of the Armed Forces should ever be put in the position of having to choose between health care for their disabled child and serving our country. These families should not have to rely on Medicaid to obtain health care that works. The Tricare Modernization Act has been endorsed by The Military Coalition, a consortium of armed forces and veterans' organizations representing 5.5 million current and former members of the military and their families. We need to correct the injustices that these families have suffered by integrating services for disabled dependents into the basic military health benefit program, so that no medically necessary services are denied. Last year, the Armed Services Committee heeded the needs of our military retirees, and addressed their number-one priority--the cost of prescription drugs. This benefit, which began in April, lets all men and women in uniform know that we care about their service. The bill also provides an additional $217 million for protection of our forces against terrorism, for counter-terrorism training, research and development to protect our forces against attacks by weapons of mass destruction, and to help the services in their efforts to support civilian agencies in the battle against terrorism. The bill also recognizes the very real threat we face from biological weapons. It addresses these threats with significant investments in science and technology for chemical and biological defense and medical counter-measures. These additional investments will support needed research on chemical and biological detection technology and decontamination. It will also support lifesaving research on medical treatments, vaccines, anti-toxins, and advanced diagnostic technology. In addition, the cyber threat to national security is very real, and our armed forces must be better prepared to deal with this threat and to protect their information systems. The bill adds $5 million to the $7.9 million requested to address this serious and growing threat. The bill also takes an important stand to begin the process of cleaning up unexploded ordnance. At many active and closed military bases, UXO is a major challenge. The bill addresses these hazards by including a major provision requiring the Department of Defense to establish specific accounts to fund the cleanup of UXO at military bases across the country, which clearly poses a hazard to civilians, military personnel, the environment, and the safe use of live-fire ranges necessary for a high state of military readiness. These new accounts are essential to demonstrate the Department's commitment to safety, the environment, and responsible use of its facilities. Finally, on the issue of ballistic missile defense, the committee responsibly cut back the President's $8.3 billion request for research, development and testing of a ballistic missile defense system by $1.3 billion. The administration's request was clearly in excess of what the Ballistic Missile Defense Office could have reasonably allocated in the coming year, and the committee was right to give priority to other military programs. The committee also took a strong stand against testing that would violate the Anti-Ballistic Missile Treaty. It makes no sense to rush forward prematurely with tests that will violate the treaty, or with deployment of a missile defense system, when there are serious doubts about whether it will work. Our European allies and Russia continue to be skeptical about abandoning the ABM Treaty and deploying a missile defense system. We should work with our allies and continue consultations with Russia, not act unilaterally or establish arbitrary deadlines. It is disappointing that these important ballistic missile defense provisions were removed from the bill we are currently considering. These issues are, and will continue to be, very important. I commend my colleagues on the Armed Services Committee for their leadership in dealing with the many challenges facing our nation on national and homeland defense. This bill keeps the faith with the 2.2 million men and women who make up our active duty, guard, and reserve forces. This legislation is vital to the Nation's security, and I urge the Senate to approve it.

Mr. KENNEDY

Mr. KENNEDY. Madam President, it is a privilege to join my colleagues Senators Brownback, Leahy, Grassley, and Cantwell in introducing immigration legislation that will enhance our intelligence capabilities and improve our border security. These critical functions are an important part of the massive challenges now facing the country in the wake of last week's terrorist attacks. These functions are the shared responsibility of the FBI, the INS, and the State Department. This legislation will provide U.S. consular officers and the INS, including inspectors at our ports of entry, with electronic access to information located within certain FBI databases, such as the National Crime Information Center's Interstate Identification Index, the Wanted Persons File, and other files maintained by the National Crime Information Center. Electronic access to this information will enable the State Department and the INS to act immediately to identify high-risk criminals seeking admission to the United States or seeking other immigration benefits. Clearly, we must improve the security and intelligence capabilities of the Nation. But we must do so without violating the basic rights and liberties of the American people. Our legislation includes provisions to protect individual privacy. It authorizes the Secretary of State to draft regulations which will appropriately limit the use of the FBI's information. These regulations will require the information to be safeguarded from unnecessary dissemination, so that it is used only for the purpose of making decisions on the issuance or denial of visas or immigration benefits, and so that its confidentiality will be maintained to protect the privacy rights of those who are the subject of the information. These steps are needed now. We must also examine other ideas to improve safety at the Nation's borders and strengthen our overall ability as much as possible to prevent future terrorist attacks. I urge all of my colleagues to support this important legislation.

Mr. KENNEDY

Mr. KENNEDY. Madam President, it is a privilege to join my colleagues Senators Brownback, Leahy, Grassley, and Cantwell in introducing immigration legislation that will enhance our intelligence capabilities and improve our border security. These critical functions are an important part of the massive challenges now facing the country in the wake of last week's terrorist attacks. These functions are the shared responsibility of the FBI, the INS, and the State Department. This legislation will provide U.S. consular officers and the INS, including inspectors at our ports of entry, with electronic access to information located within certain FBI databases, such as the National Crime Information Center's Interstate Identification Index, the Wanted Persons File, and other files maintained by the National Crime Information Center. Electronic access to this information will enable the State Department and the INS to act immediately to identify high-risk criminals seeking admission to the United States or seeking other immigration benefits. Clearly, we must improve the security and intelligence capabilities of the Nation. But we must do so without violating the basic rights and liberties of the American people. Our legislation includes provisions to protect individual privacy. It authorizes the Secretary of State to draft regulations which will appropriately limit the use of the FBI's information. These regulations will require the information to be safeguarded from unnecessary dissemination, so that it is used only for the purpose of making decisions on the issuance or denial of visas or immigration benefits, and so that its confidentiality will be maintained to protect the privacy rights of those who are the subject of the information. These steps are needed now. We must also examine other ideas to improve safety at the Nation's borders and strengthen our overall ability as much as possible to prevent future terrorist attacks. I urge all of my colleagues to support this important legislation.

Mr. KENNEDY

Mr. KENNEDY. Madam President, the airline industry's damages from the September 11 terrorist attacks are immense and unprecedented. Clearly, we must provide relief for the airlines, but we must not forget the airline workers and other workers harmed by this tragedy. Failing to include relief to workers in this bill is a serious omission. It is essential for Congress to act as soon as possible to provide support for airline workers. The toll across the economy from this tragedy will be staggering, and the economic hardships to millions of American working families will be severe. Large numbers of workers have already been laid off, and the working poor will soon become the unemployed poor. We have already seen tens of thousands of layoffs. Who are these workers? They are the flight attendants who are single parents raising their kids on their own; they are the reservation agents trying to make a living; they are the security clerks, cashiers, and baggage handlers. I also understand that the airlines are trying to get out from under the contracts they have with employees. I think this is wrong. We are assisting the airlines, and they should not leave their workers high and dry. We need to provide critical long-term unemployment insurance benefits, training assistance, and health care coverage for workers affected by these terrorist attacks. Layoffs in the airline industry alone are expected to total more than 100,000 workers. Even beyond the issue of fairness, helping workers during a slowing economy is good economic policy. The unemployment insurance system will be critical to our Nation's recovery and economic health. Unemployment benefits help workers bridge the gap between jobs. It also puts the money in the hands of the unemployed. Unemployed workers spend benefits rather than saving them, thereby stimulating the economy. Workers deserve action on this issue from this Congress. This is not just a matter of labor rights; it is a matter of human rights, fairness, and decency. Every day we delay, more workers suffer. American workers are waiting for relief, and we owe it to them to act. A strong airline industry is critical to the national economy. We need to keep the airlines flying. But we also need to provide critical assistance for the airline workers and other workers who have lost their jobs as a result of this disaster. I call on my colleagues and the President to address this matter as soon as possible. No one has been more affected by this than our State of Washington, and Senator Murray has spoken frequently about this, as well as Senator Cantwell. I yield a minute to the Senator from Washington and the remaining time to the floor manager.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I welcome this opportunity to express my strong support for the nomination of Bruce Cole to be Chairman of the National Endowment for the Humanities. Dr. Cole is a noted art historian and a Distinguished Professor at Indiana University. He served as Visiting Professor at Hebrew University in Jerusalem and previously held the Hohenberg Chair of Excellence at the University of Memphis. Dr. Cole is a former member of the National Council on the Humanities, and he will bring impressive stature and experience to the Humanities Endowment. We have been fortunate over the past three decades to have many distinguished academics and humanists lead this agency. I believe that Dr. Cole will serve in that tradition and be an impressive leader for this important agency. In conjunction with the consideration of his nomination by the Committee on Health, Education, Labor and Pensions, I submitted a number of questions to Dr. Cole, and I wanted to share his answers with my colleagues. I ask unanimous consent that they may be printed in the Record.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I strongly support the bipartisan resolution to authorize the use of force and the emergency supplemental appropriation to help our nation recover and respond to this vicious terrorist atrocity. The use-of-force resolution authorizes the President to use force against any nations, organizations, or persons involved in the terrorist attacks last Tuesday and to take all appropriate steps to prevent future acts of terrorism against the United States. This is an appropriate and needed response to the vicious and horrifying recent attacks on America. Those who murder American citizens must find no hiding place, and those who harbor terrorists must pay the price. America must be decisive and effective in apprehending terrorists and identifying and punishing those who give them support. Our Government is working hard to find the perpetrators of this crime, and this effort deserves the full support of Congress. Our response to these atrocities will and must be strong and decisive. At the same time, we all agree that our response must not be indiscriminate. We should only act when we are certain who the perpetrators of these atrocities are. These shameful attacks demonstrated America's vulnerability to terrorist attacks, and an effective and appropriate response is essential. Despite our efforts to prevent terrorism, a vast international network of terrorists has been organized to work against America's interests at home and abroad. We cannot permit these terrorists to succeed. These atrocities have strengthened our resolve to root out the terrorist network and protect the safety of American citizens at home and abroad. Our resolve is strong to defend and uphold democracy and freedom, the founding principles that have made our Nation great. We should spare no resources to protect these profound values. The need for extra resources cannot be understated. The devastation caused by the attacks in New York and at the Pentagon have already dwarfed the largest recent catastrophe, Hurricane Andrew, where losses were estimated at over $18 billion. This emergency supplemental appropriations bill provides $40 billion for the full range of response, recovery, relief, and repair efforts to help Federal, State, and local governments to support counterterrorism activities to carry out the investigations and eventual prosecution of those who committed these acts and to guarantee increased security for our nation's airports. These funds will enable America's law enforcement agencies to continue their urgent efforts to identify all persons who were involved in these atrocities. The Federal Bureau of Investigation has launched the largest investigation in its history, involving more than 4,000 special agents and 3,000 support personnel. At the crime scenes in New York, Virginia, and Pennsylvania FBI agents are sifting through the wreckage to identify the terrorists and their victims, and to locate weapons, flight recorders, and other items that will enable us to understand how these crimes occurred. Across the nation and around the world, agents are pursuing thousands of leads about the suspected perpetrators and supporters of these terrorist acts. FBI Director Robert Mueller has expressed a total, unwavering commitment to the challenge. We in Congress are committed to providing full resources to it and all other federal law enforcement agencies involved in this investigation. We will do whatever it takes. Our airports must also be made secure. Some of these funds should be used for hiring additional sky marshals, so that they can be deployed on domestic flights. Funding should also be allocated to effective baggage screening technologies, airport personnel training, and background checks. Additional resources are clearly needed to win this all-important battle against terrorism. All of our counterterrorism assets must be strengthened--in the military, in our intelligence community, and in our public health infrastructure including needed steps to counter the threat of biological weapons in the hands of terrorists. This week's devastating attacks in New York and at the Pentagon are a call for action not only to respond forcefully against the perpetrators of these outrages, but also to strengthen our defenses against future attacks. A central part of this effort must be to improve the Nation's preparedness against biological terrorism. The Office of Emergency Preparedness estimates that 40 million Americans could die if a terrorist released smallpox into the American population; Anthrax could kill 10 million. We must strengthen our national capacity to prevent such attacks, and also to detect, monitor, and contain any plague released by a bioterrorist attack. The troops in the front line of the battle against bioterrorism will be medical and public health workers. We must give them the weapons they need to win that battle. Finally, in the aftermath of this week's attacks, as we reach out and come together as a nation, we must also deal with the profound psychological impact of these events on the victims and their families, on the many emergency personnel who responded so courageously to this crisis, and on the large number of children across the country who have also been affected. It is my hope that a high priority of the resources being appropriated by this legislation will be used to make post-trauma services and support widely available to all those who need them. Again, I commend President Bush for his strong commitment to win the ongoing battle against terrorism, and I commend as well, the strong bipartisan spirit in which Congress has joined in this all-important commitment. America will be a stronger nation because of this attack. Vote On S.J. Res. 23

Mr. KENNEDY

Mr. KENNEDY. Mr. President I ask unanimous consent that the bill be printed in the Record.

Mr. KENNEDY

Mr. KENNEDY. Mr. President I ask unanimous consent that the bill be printed in the Record.

Mr. KENNEDY

Mr. KENNEDY. I can still name the names of those families who lost people on Pan Am flight 103. Years after the Pan Am flight, if we are interested in combating terrorism, we are going to have to stay the course, stay resolute, persevere, and stay consistent. Finally, I hope at this time we will not look for scapegoats. I hope that we are going to be careful, particularly with regard to our Arab- American friends. I hope that we will free ourselves from scapegoating and from the kind of conduct which would be helpful to terrorists who are interested in dividing this Nation in so many different ways. We reject that. We must stick with the facts and follow them where they lead us and not involve ourselves in that kind of activity.

Mr. KENNEDY. Mr. President, yesterday's terrorist atrocities against innocent Americans were vicious and horrifying. They were acts of unspeakable cruelty unleashed against the American people in a shameful attempt to spread chaos throughout our nation and instill fear in the hearts of our citizens. But such acts will not succeed, and they never will succeed. No American will ever forget watching a hijacked civilian aircraft crash into the towers of the World Trade Center, or seeing the plume of smoke rise from the Pentagon in the aftermath of the terrorist attack. No American will ever forget the sense of anger and vulnerability that swept our nation yesterday, when thousands of innocent lives were suddenly, and senselessly ended by the vicious acts. My heart goes out to the victims of this attack and their loved ones. The American people share our anger, our grief--and our resolve. We cannot bring back the lives of the fathers, mothers, sons, daughters, brothers, sisters, relatives, and friends--although we wish desperately that we could. We cannot yet fully answer the complex questions that haunt the country about this atrocity. As we search for and find the answers, we pray for the victims and their loves ones, and we hope that they will find a measure of peace and comfort from our prayers. This is a massive tragedy for America, and we must make clear that our national resolve will not be weakened. Our country has been tested and tried in the past, and we have always emerged stronger and wiser. We will do so again now. America's commitment to the values of freedom and justice has not been shaken in the past. It will not be shaken by these acts of terrorism. I commend President Bush for his strong statement last evening about finding and punishing the perpetrators of this atrocity. Those who murder American citizens must have no safe hiding place, and those who shelter terrorists must be punished as well. America will do everything possible to apprehend the perpetrators and to identify and punish those who give them aid and comfort. Like December 7, 1941, September 11, 2001 will be remembered as a day that will live in infamy. Just as the Pearl Harbor attack galvanized the American people in their resolve to prevail in the war against fascism and tyranny, I am confident that yesterday's attack on the American people will galvanize our citizens and strengthen our spirit to prevail in the ongoing war against global terrorism. It is tragic that these criminals were able to succeed in carrying out the most brutal terrorist attack in history on American soil. I pledge to work with the President, the Congress, and the families of the victims to seek answers to the many questions that exist, and to do all we can to strengthen the security of our people and to prevent such atrocities in the future. The American flag flies high today, and so does our commitment to our ideals here at home and all around the world. Mr. President, I want to commend my friend from Alaska for talking about the impact of this extraordinary violence on children. I think many of us have heard about and seen, as we were getting ready to come to work this morning, the counseling that is being provided to America's parents and children about how to cope with this violence. As we seek to find those who perpetrated the crimes, we must also be resolute and sensitive to the extraordinary concerns about violence that will have an impact on a whole generation of children. We have not focused extensively on this subject in the hours that we have discussed this resolution, but I thank the Senator for bringing this up. He is active in supporting the interests of children, and I think his point is extremely well taken. This resolution was overwhelmingly supported by all Members. It is what we can do today. There will be other opportunities to support activities to address this tragedy. The resolution recognizes the extraordinary suffering and the losses that have been experienced by so many families in America today. I think the focus, rightfully so, has been on New York, Pennsylvania, and also the Pentagon. But in my own State of Massachusetts, we have 39 parents who will not be returning home this evening. We have dozens of children who will be missing one parent, and in some instances, even two parents. There are scores of people who worked in the World Trade Center who were from Massachusetts as well. And that has been generally true about so many other States. Although the targets were in New York and the Pentagon--and Lord only knows where the other plane was headed--all families feel an extraordinary threat to their lives and well-being and to the lives and well-being of their children. So we all reach out to them. I can remember very well the extraordinary way people came together in my State when five extraordinary firefighters perished in a fire in Worcester, MA, just a little over a year ago. They were brave volunteers, who sought to save two homeless people, and we now know that the homeless people had left after the fire had started. Because of the concern for the two homeless people, they volunteered and went in, and all of them perished. I remember the impact that this had not only on Worcester but on our State. When I heard, for the first time yesterday, of the loss of some 225 firefighters, more than 50 police officers, and scores of rescue workers, it is something that families in my State felt very deeply about. I know Americans across this country feel very deeply about it. We say our prayers for the victims and their families. We reach out to them. We feel, to the greatest extent that we possibly can, the senselessness of this violence. And we resolve with them to bring to justice the perpetrators. I support this resolution because it commits this Nation to bring the perpetrators of the terrorism to justice. We have all heard the speeches here, and we are all resolute in this. I join with my colleagues who hope that we will have the opportunity for resolution. It appears from the briefings we have received that we have had good fortune in moving the investigation forward, and I hope that we will be able to identify those who perpetrated the crimes and those that supported them. There is some indication for that hope, as we have heard over the last days. But as has been pointed out, we will need to be resolute in this undertaking. We have 13 families in Massachusetts who lost relatives Pan Am Flight 103. Yet, it was only a few months ago that many of our colleagues were talking about lifting the sanctions. Many of our European allies, many of our oldest friends in Europe wanted to abolish those sanctions. Mr. President, I ask unanimous consent for 1 more minute.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, last year's Legal Immigration Family Equity Act extended the deadline under section 245(i) of the immigration laws to April 30, 2001--a window of just 4 months--to enable persons who are eligible for green cards to adjust their status in the United States, rather than have to return to their country of origin to do so. Clearly this new deadline has proved to be inadequate. The short extension created an overwhelming demand for information and services, and many qualified persons did not have enough time to file their petitions. To address this urgent problem, Senator Hagel and I introduced new legislation on April 26, a few days before the April 30 deadline. Congress should have acted long before now to extend the deadline, but all of us who support an extension are pleased that the Senate is finally acting on this bill. I know many of my colleagues on both sides of the aisle share my desire to move this bill quickly because it affects so many people. It is a humanitarian measure that has strong bipartisan support. It also has the support of the President. This bill will provide real and immediate relief to hundreds of thousands of immigrants. INS data show that approximately 75 percent of the immigrants who apply for this relief are the spouses and children of U.S. citizens and permanent residents. These are families who have made lasting contributions to our communities and contributed to the economic vitality of our nation. This bill does not propose substantial new relief, but only a continuation of the prior relief. Last year's temporary extension to April 30, 2001 was designed to benefit immigrants who were in the country by December 21, 2000. This bill will extend the deadline to provide this group of immigrants with more time to file their petitions. I know that some of my colleagues support the extension, but had concerns with our bill. We worked with them to develop an acceptable compromise. Our bill, with an amendment offered by Senator Kyl reflects our compromise. This compromise requires immigrants benefitting from the extension to show that their family or employment relationship existed on or before August 15, 2001. They will have until April 30, 2002 or 4 months from the issuance of regulations to file their applications with the INS. Some critics are concerned about fraudulent marriages. But the INS, and not Congress, is in the best position to determine whether a case is fraudulent. The INS closely scrutinizes applications based on recent marriages. Under the current law, the INS conducts extensive interviews before deciding these cases, often separately questioning the couples. Anyone who has been married less than 2 years when their application is approved is required to attend a second INS interview 2 years later, in which INS again reviews the case to determine whether there is a bona fide marriage. Only after the second interview will a recently married immigrant receive a permanent green card. In INS determines that an individual has committed marriage fraud, that person is permanently barred from receiving a green card and can be criminally prosecuted. Many of us feel that this new restriction is unnecessary, and will lead to needless confusion, delay and hardship. But in the spirit of compromise, we accepted this amendment. I am pleased that we are moving this bill forward, as this legislation will keep immigrant families together. We cannot continue to delay; otherwise, the purpose of this legislation--to prevent the separation of immigrant families--will be defeated. This measure is of critical importance to Mexican President Vicente Fox, who is in Washington for an historic visit. Our two countries are negotiating important immigration policies which will profoundly affect and benefit our peoples and our economies. Extension of section 245(i) is an immediate and important first step in these negotiations. Finally, if we are truly to live up to our history and heritage as a nation of immigrants, we must also address the pressing needs of uniting other families separated by our current immigration laws, and meeting the needs of our labor market. I look forward to working with my colleagues to meet these great challenges, and am pleased that the Senate has approved this bill as a downpayment on the reforms that are so long overdue.

Mr. KENNEDY

Mr. KENNEDY. Madam President, today, I am introducing legislation to ensure that disabled family members of our active duty military have greater access to the health care they deserve. Early last year, a young man in the United States Air Force drove over 12 hours with his wife and disabled 4 year old daughter to testify about how important it was to make Medicaid more accessible. Why? Because the military health care system does not provide for his daughter's needs, and Medicaid does. But, in order to continue her eligibility for Medicaid, this service member could not accept his promotion to the next rank. No member of the Armed Forces, who risk their lives for our country should ever be put in a position of having to decide between health care for their disabled child and doing their job for our country. Nor should these families have to rely on Medicaid to find health care that works. This bill corrects the injustices these families have suffered. The TRICARE Modernization Act integrates services for disabled dependents into the basic military health benefit program, so that no medically necessary services can be denied. It allows disabled dependents to receive care that is necessary to maintain their functions and prevent further deterioration of their disability. It provides skilled nursing care as long as is necessary, and is coordinated with Medicare. And, it authorizes respite care, hearing aids, and other therapies to help a disabled person stay or become independent. We know how far we have come in the ongoing battle over many decades to guarantee that disabled people have the independence they need to be participating members of their communities. Our military families with disabled dependents should not be denied that opportunity. Enactment of this legislation is one of the most significant steps we can take in this Congress. It offers a new and better life to large numbers of military families. It gives servicemen and women, and their disabled family members, the health care they need. And, most important for active duty military members and their families, it ensures that disability need no longer end the American dream.

Mr. KENNEDY

Mr. KENNEDY. Madam President, today, I am introducing legislation to ensure that disabled family members of our active duty military have greater access to the health care they deserve. Early last year, a young man in the United States Air Force drove over 12 hours with his wife and disabled 4 year old daughter to testify about how important it was to make Medicaid more accessible. Why? Because the military health care system does not provide for his daughter's needs, and Medicaid does. But, in order to continue her eligibility for Medicaid, this service member could not accept his promotion to the next rank. No member of the Armed Forces, who risk their lives for our country should ever be put in a position of having to decide between health care for their disabled child and doing their job for our country. Nor should these families have to rely on Medicaid to find health care that works. This bill corrects the injustices these families have suffered. The TRICARE Modernization Act integrates services for disabled dependents into the basic military health benefit program, so that no medically necessary services can be denied. It allows disabled dependents to receive care that is necessary to maintain their functions and prevent further deterioration of their disability. It provides skilled nursing care as long as is necessary, and is coordinated with Medicare. And, it authorizes respite care, hearing aids, and other therapies to help a disabled person stay or become independent. We know how far we have come in the ongoing battle over many decades to guarantee that disabled people have the independence they need to be participating members of their communities. Our military families with disabled dependents should not be denied that opportunity. Enactment of this legislation is one of the most significant steps we can take in this Congress. It offers a new and better life to large numbers of military families. It gives servicemen and women, and their disabled family members, the health care they need. And, most important for active duty military members and their families, it ensures that disability need no longer end the American dream.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I am honored to join Senator Feingold and my other colleagues in the Senate in introducing the Wartime Treatment of European Americans and Refugees Study Act. This legislation will authorize the study of U.S. policies and practices during World War II that resulted in severe civil liberties violations against European Americans and European Latin Americans. The bill also authorizes an investigation into U.S. refugee policy during World War II that caused many persons seeking safe haven to be turned away from our shores. This bill will examine these issues by establishing a commission to investigate U.S. policies and programs during that period. Other countries are re-examining their own policies, and so must the United States. Identifying the abuses of the past is one of the best ways to ensure that they never happen again. I urge the Senate to adopt this important legislation.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I am pleased to introduce the Rare Diseases Act of 2001. This legislation, in conjunction with companion legislation introduced by Senator Hatch to amend the orphan drug tax credit, promises to greatly enhance the prospects for developing new treatments and diagnostics, and even cures for literally thousands of rare diseases and disorders. The Rare Diseases Act provides a statutory authorization for the existing Office of Rare Diseases at the National Institutes of Health, NIH, and authorizes regional centers of excellence for rare disease research and training. The Act also increases the funding for the Food and Drug Administration's, FDA, Orphan Product Research Grant program, which has provided vital support for clinical research on new treatments for rare diseases and disorders. I am encouraged that, consistent with our legislation, the President has proposed in fiscal year 2002 to create a network of centers of excellence for rare diseases. This proposal originated with the NIH, in recommendations of a Special Emphasis Panel convened to examine the state of rare disease research. Because the Panel itself was convened in response to a request of the Senate Appropriations Committee in 1966, it is appropriate that we are today introducing legislation which represents the fruition of a long, deliberative process involving both the Congress and the NIH. It is important to note that Congress has had a longstanding interest in rare diseases. In 1983, Congress enacted the Orphan Drug Act to promote the development of treatments for rare diseases and disorders. Such diseases affect small patient populations, typically smaller than 200,000 individuals in the United States, and include Huntington's disease, myoclonus, ALS, Lou Gehrig's disease, Tourette syndrome, and muscular dystrophy. Although each disease may be rare, there are, in sum, 25 million Americans today who suffer from the six thousand known rare diseases and disorders. As an original sponsor of the Orphan Drug Act, I am pleased it has been a great success, leading to the development of over 220 treatments for rare diseases and disorders. But the greatest share of credit is due to the original author of the Act, Congressman Henry Waxman of California, and to a woman named Abbey Meyers. During the 1970s, an organization called the National Organization for Rare Disorders, NORD, was founded by Abbey to provide services and to lobby on behalf of patients with rare diseases and disorders. It was Abbey and her organization which were instrumental in pressing Congress for enactment of legislation to encourage the development of orphan drugs. In light of this important history, I am very pleased that the Rare Diseases Act of 2001 is supported by NORD. And I am also pleased to join my colleague, Senator Hatch, a champion of research into rare diseases, in introducing this legislation.

Mr. KENNEDY. Mr. President, I am honored to join Senator Feingold and my other colleagues in the Senate in introducing the Wartime Treatment of European Americans and Refugees Study Act. This legislation will authorize the study of U.S. policies and practices during World War II that resulted in severe civil liberties violations against European Americans and European Latin Americans. The bill also authorizes an investigation into U.S. refugee policy during World War II that caused many persons seeking safe haven to be turned away from our shores. This bill will examine these issues by establishing a commission to investigate U.S. policies and programs during that period. Other countries are re-examining their own policies, and so must the United States. Identifying the abuses of the past is one of the best ways to ensure that they never happen again. I urge the Senate to adopt this important legislation.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I am pleased to introduce the Rare Diseases Act of 2001. This legislation, in conjunction with companion legislation introduced by Senator Hatch to amend the orphan drug tax credit, promises to greatly enhance the prospects for developing new treatments and diagnostics, and even cures for literally thousands of rare diseases and disorders. The Rare Diseases Act provides a statutory authorization for the existing Office of Rare Diseases at the National Institutes of Health, NIH, and authorizes regional centers of excellence for rare disease research and training. The Act also increases the funding for the Food and Drug Administration's, FDA, Orphan Product Research Grant program, which has provided vital support for clinical research on new treatments for rare diseases and disorders. I am encouraged that, consistent with our legislation, the President has proposed in fiscal year 2002 to create a network of centers of excellence for rare diseases. This proposal originated with the NIH, in recommendations of a Special Emphasis Panel convened to examine the state of rare disease research. Because the Panel itself was convened in response to a request of the Senate Appropriations Committee in 1966, it is appropriate that we are today introducing legislation which represents the fruition of a long, deliberative process involving both the Congress and the NIH. It is important to note that Congress has had a longstanding interest in rare diseases. In 1983, Congress enacted the Orphan Drug Act to promote the development of treatments for rare diseases and disorders. Such diseases affect small patient populations, typically smaller than 200,000 individuals in the United States, and include Huntington's disease, myoclonus, ALS, Lou Gehrig's disease, Tourette syndrome, and muscular dystrophy. Although each disease may be rare, there are, in sum, 25 million Americans today who suffer from the six thousand known rare diseases and disorders. As an original sponsor of the Orphan Drug Act, I am pleased it has been a great success, leading to the development of over 220 treatments for rare diseases and disorders. But the greatest share of credit is due to the original author of the Act, Congressman Henry Waxman of California, and to a woman named Abbey Meyers. During the 1970s, an organization called the National Organization for Rare Disorders, NORD, was founded by Abbey to provide services and to lobby on behalf of patients with rare diseases and disorders. It was Abbey and her organization which were instrumental in pressing Congress for enactment of legislation to encourage the development of orphan drugs. In light of this important history, I am very pleased that the Rare Diseases Act of 2001 is supported by NORD. And I am also pleased to join my colleague, Senator Hatch, a champion of research into rare diseases, in introducing this legislation.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I am pleased to see that after almost 40 years, the American people may finally see action that will protect the public from arsenic. I strongly support Senator Nelson's amendment to direct the EPA, in consultation with the Consumer Product Safety Commission, to report to Congress on levels of arsenic in children's playground equipment, and to recommend how consumers and State and local governments can be better informed about these potential health risks. Preliminary studies have shown that arsenic, used as a preservative in wood may be a harmful carcinogen, especially to children. Last April, the EPA itself found a possible direct link between arsenic and DNA damage. Senator Nelson's amendment sends a strong message to the EPA that parents must know if their children are safe, and we are taking long overdue action on other aspects of this issue too. Yesterday, we adopted Senator Boxer's amendment, which requires EPA to immediately put into effect a standard for arsenic in drinking water, and inform the public about the amount of arsenic in the water. Last Friday, the House passed an amendment to reinstate the EPA rule wrongly delayed by the Bush administration, to reduce the accepted standard of arsenic in drinking water from 50 parts per billion to 10 parts per billion and protect millions of Americans. That rule is the result of decades of debate, scientific studies, rule-making, and public comment, and it deserves to be implemented now. We know that arsenic is a serious threat to public health. The 50 parts per billion standard for drinking water was originally set in 1942, and is clearly out of date. A National Academy of Sciences study in 1999 found that arsenic in drinking water is extremely carcinogenic, causing lung, bladder, and skin cancer. As a Wall Street Journal article on April 19 stated on the 10 parts per billion standard, ``few government decisions could have been more thoroughly researched, over so many years.'' Action by Congress is long overdue. Senator Nelson's amendment is a needed step in the continuing battle to protect Americans from the dangers of arsenic, and I urge my colleagues to support it.

Mr. KENNEDY

Mr. KENNEDY. Madam President, it is a privilege to join my colleagues in introducing the LEADERS Act--the Linking Educators And Developing Entrepreneurs for Reaching Success Act. Our bipartisan goal is to bring together entrepreneurs and academic institutions to encourage small businesses. These innovative centers can have a significant role in the modern economy, and provide needed cutting-edge educational and entrepreneurial opportunities for college students. I commend Senator DeWine for his leadership in developing this bipartisan legislation, and for his continuing leadership on economic and education issues. We agree that college-affiliated business incubators can be effective tools in improving education and the economy, and this legislation is designed to encourage them. A business incubator facilitates economic development by providing specific resources and services to entrepreneurial, start-up companies. This assistance often includes office space at discounted rent, access to telephone and Internet services, consulting opportunities, and other appropriate technical assistance. The goal of such business incubators is to produce successful firms that will be successful in the long run through modest and timely start-up assistance. Business incubators can have an important role in strengthening and sustaining local economies. Several studies have shown that incubated businesses tend to survive longer, create more jobs, remain in their communities, and provide worthwhile benefits to their employees. One of the best ways to encourage entrepreneurship is to enhance the role of colleges and universities in developing new ideas into sustainable businesses that prosper, remain in their communities, and provide good jobs and good benefits to local workers in the cities and towns that need them most. Business incubators will benefit colleges and universities as well, because they can provide students with real- life examples of emerging businesses and case studies to enhance their educational experience. Our legislation creates a program in the Department of Education to support academic-affiliated business incubators. A $20 million fund will offer competitive grants to acquire or renovate space, develop curricula and training for incubator businesses or managers, and conduct feasibility studies for developing and locating incubators. Eligible applicants will include non-profit organizations that have an affiliation with a college or university and that manage an incubator. Priority is given to incubators in economically distressed areas, to applications which provide strong educational opportunities in entrepreneurship, and to applications that emphasize cooperation by businesses, academic institutions, local economic leaders, and local government officials. Small business entrepreneurs have an outstanding track record of products that improve and often save lives. Today these entrepreneurs take advantage of innovative ideas and turn them into job and economic growth. Entrepreneurs can benefit immensely from contacts with academic institutions, and Congress should encourage those contacts. Colleges and universities often have well-equipped laboratories, good computer systems, and extensive libraries. They can be a source of ideas that spur business creation. Colleges and universities can also provide the skills and experience of a dedicated faculty, and the enthusiasm and potential of today's students. Current studies show that nearly seven out of ten teenagers want to control their own destinies by becoming entrepreneurs. Six in ten young women, seven in ten Hispanic youth, and nearly eight in ten African- American youth are interested in starting a business of their own. But too many of these young men and women say they know little about how to start their own business. A large majority are taught little about how business or the economy works. Students who benefit from such instruction start more new business, develop more new products, and are more likely to be involved in high- technology initiatives than their peers. Most entrepreneurs say that they ``learned by doing''--through hands-on access to mentors and similar opportunities. Our legislation will provide access to real- world examples of entrepreneurship and business development, and help lay a stronger foundation for growing and thriving firms. More and more, academic institutions across the country recognize this opportunity by establishing successful business incubators. In Massachusetts, Salem State College and the University of Massachusetts at Lowell have created successful incubators on their campuses. Other incubators are reaching out to colleges and universities. The Commonwealth Corporation, a leader in workforce training in Massachusetts, has established an incubator and is actively pursuing ties in Boston with The University of Massachusetts. Increasingly today, business leaders are recognizing the advantages of affiliations with institutions of higher learning, and academic leaders are welcoming the idea of including entrepreneurial projects in their curricula. In many cases, faculty members themselves are launching incubators. It makes sense for Congress to support these constructive partnerships. The LEADERS Act can make a worthwhile contribution to this growing movement, and I look forward to early action by the Senate to approve it.

Mr. KENNEDY. Madam President, I am honored to join Senator Leahy, Senator Brownback, and other colleagues, in introducing the ``Refugee Protection Act of 2001.'' Our goal is to protect courageous persons who arrive on our shores seeking asylum, provide alternatives to detention for asylum seekers, and improve detention conditions for all persons detained by the INS. The bill also eliminates the arbitrary one-year deadline on filing for asylum, and eliminates the cap on the number of persons granted asylum who can adjust their status to lawful permanent resident. Every day people are forced to leave their native lands in desperation, fearing for their lives and for the lives of their loved ones. Many of them arrive in the United States seeking asylum, and we have a responsibility to ensure they are able to request it in a fair and efficient manner. In 1996, Congress enacted harsh immigration laws that included an expedited removal process granting INS inspection officers broad authority to summarily remove potential asylum seekers if they arrive without proper papers. This process also requires persons seeking asylum to specifically state their fear of persecution or their intent to apply for asylum immediately upon arriving in the U.S. But asylum seekers are often traumatized, and are unable to speak to a stranger about their harrowing experience. This is particularly true when they first arrive in the U.S., often after a long and difficult journey. Many asylum seekers are unable to articulate their fears, especially to government officials whom they may view with distrust because of past experience in their home countries. Many of them speak very little, if any, English, and adequate translators are often not available to assist them in making their asylum claims. Legal representation is not permitted at the initial and most critical phase of the expedited removal process, thereby increasing the likelihood that individuals actually eligible for asylum will be turned away and sent back to their native lands to face additional persecution. The law contains no opportunity for judicial appeal of decisions on summary removal. Instead, low-level INS employees have broad, unchecked authority to issue final and binding deportation orders. Some argue that the expedited removal process is appropriate. Their view is based on the false assumption that the process, in practice, follows the procedures in the regulations. In particular, the regulations require a careful interview and the taking of a systematic sworn statement, a process that should take several hours. The officer conducting the interview must begin by reading a set of specific advisories, including an express notice that persons who fear persecution in their native lands may claim asylum in the U.S. The interviewing officer must also ask specific questions about whether the person has ``any fear or concern'' about return to their homeland. And if the person faces charges, the charges must be explained orally, in a language the individual understands. The regulations also require review of the file and approval of any removal or deportation order by a high-level supervisor before an expedited removal order is considered final. It is clear that these regulations are not adequately followed in practice. Members of my staff have observed first-hand the unfair process. During a visit to JFK International Airport, my staff toured the area where inspection interviews were held and spoke with INS employees. The interviews were conducted side-by-side in a large, open room, affording no privacy to persons who had to share very personal and painful information with government officials. My staff met with an inspector, who was informed that he would be meeting with congressional staff. The inspector told the staff about the ``cockamamie stories people make up'' and the phony documents they present. Upon hearing these stories, he said that he puts people back on a plane and sends them ``out of here.'' The inspector admitted that he did not read anyone any advisories to determine whether they were fearful. The inspector said that anyone who wants to apply for asylum would tell him about that immediately, and those were the only people he referred to asylum officers for interviews. He made this statement in spite of the fact that many asylum seekers do not ask for asylum. Our staff members, including the staff from other members' offices, were appalled by these remarks and behavior. When a supervisor was asked whether the inspectors received training in asylum and interviewing techniques, the supervisor dismissed training as ``warm fuzzy stuff,'' even though many asylum seekers have fled persecution by people in uniforms and are reluctant to speak to uniformed INS officers. Many immigration groups representing asylum seekers have shared similarly shocking stories. The expedited removal process has caused great hardships for many vulnerable individuals. Recently, the Immigration Subcommittee held a hearing on asylum policy. At the hearing, a young man from the Democratic Republic of Congo recounted the tragic circumstances that led to his escape. He described being severely beaten and tortured by security forces, and then witnessing his father's death at the hands of these forces. His mother and sisters fled the family home and he has not seen them since. Upon his arrival in the U.S., he was placed in chains and taken to a detention facility. Neither an interpreter nor a lawyer was present to assist him. Yet, the INS officer decided he did not have a credible fear of persecution and ordered his deportation. An immigration judge reviewed the case, but again the young man did not have an interpreter or lawyer to help him. When he was taken to the airport for deportation, he pleaded with INS officials not to deport him. His pleas were ignored and three detention guards carried him onto the plane. The airline employees subsequently asked the guards to take him off the plane and he was returned to the detention facility. Finally, the INS reversed its decision and decided his fear was credible, but only after this young man begged not to be sent home for fear he would be killed. His case vividly demonstrates the failure of some INS officials to follow the procedures set forth in the regulations. Congress must act to end these abuses. Our bill is intended to accomplish this goal. It limits expedited removal to immigration emergencies. It offers protection to persons arriving without proper documents, who will now be referred to an immigration judge to have their case reviewed, rather than have their fate determined by a low- level INS employee who has not been trained in asylum issues. If an individual indicates an intention to apply for asylum or a credible fear of persecution, the immigration officer must refer the individual to an asylum officer for an interview. The bill limits the existing broad authority of immigration officers and permits persons to seek review of their case by an asylum officer who is trained in determining whether a person's expression of fear is credible. The individual must be given written information, in a language the individual understands, about the consequences of his decisions, the availability of review of his case and his ability to have counsel. After the interview with the asylum officer, the individual may have the case reviewed by an immigration judge. During this review, the individual will have the opportunity to be heard and represented by counsel, at no expense to the government. Currently, asylum seekers who request asylum are often subject to mandatory detention. They are held in INS detention centers or state and county jails, often with criminal inmates, and often for weeks, months or even years. They have little access to legal representation, health care, or contact with family, friends or clergy who can assist them. Such conditions are extremely traumatizing for those who have already suffered so much. Under our proposal, the general policy will be to parole asylum seekers who establish a credible fear of persecution, not place them in mandatory detention. Asylum seekers could be released to family, friends or community groups who are ready to assist them. These alternatives to detention have been tested at various sites, and they are cost-effective and have been successful in achieving the goal of providing a safe, compassionate residence, offering services, and increasing compliance with INS procedures and court proceedings. In addition, those persons who remain in INS detention must be kept safe and treated humanely. I commend the INS for issuing detention standards to accomplish this goal, but the guidelines are not binding. Our proposal would codify the most important guidelines to ensure that all persons in detention are safe and treated with dignity. The bill requires that persons in detention have access to legal services, visits by persons who are able to lend assistance in the preparation of their cases, and access to legal resources, telephones and religious services. Other protections would be guaranteed by the legislation as well. Our bill also authorizes the establishment of group legal orientation programs, to identify persons with meritorious claims for relief and refer them to counsel at no cost to the government. These programs save the government money by improving the efficiency of the judicial process and by reducing the need for prolonged detention. They educate persons about their rights, options and likelihood of success. The bill also creates a national center to provide training for nonprofit agencies that offer such programs, to consult with nonprofit groups on program development and substantive legal issues, and to develop standards for such programs. Finally, our proposal deals with two other important concerns. In 1996, Congress enacted a law requiring, for the first time, that persons seeking asylum must apply within a year of their arrival in the U.S. Since the enactment of this deadline, more than 10,000 asylum seekers have had their claims rejected by the INS. Many of these individuals did not file their claims, because they were unfamiliar with our legal system and did not know they are required to file a timely application. Asylum seekers should be able to apply for protection, regardless of when they file their claims. Our bill will eliminate the one-year deadline, thereby preserving the ability of persons seeking refuge to be granted safe haven without regard to the timing of their application. This provision will offer much-needed protection to persons who have fled their home countries out of fear and terror. Immigration law also currently places a cap of 10,000 on the number of persons granted asylum whose status can be adjusted to lawful permanent resident each fiscal year, regardless of the number of persons granted asylum in that year. Because the number of persons granted asylum each year exceeds 10,000, the cap has created a large backlog. The INS estimates that a backlog of 57,000 asylees is awaiting adjustment. This delay causes significant hardship to deserving individuals and their families. Our bill will eliminate the arbitrary cap of 10,000 and permit eligible persons to adjust their status without waiting up to six years, as may occur under current law. Clearly, we need to improve the treatment of those who arrive on our shores seeking asylum and awaiting adjudication of their claims and adjustment of their status. I urge my colleagues to support the Refugee Protection Act of 2001. It is a vital piece of legislation that is long overdue.