Carl Levin

Mr. LEVIN

Mr. LEVIN. Mr. President, I ask that the Senate join me today in congratulating Hadassah upon its 90th anniversary. Originally founded in 1912 by Henrietta Szold as a woman's study circle, Hadassah has grown into an organization with over 300,000 members involved with 1,500 chapters across the country. Today, Hadassah is not only the largest woman's group in the country, but also the largest Jewish membership organization in the United States. Since its inception, Hadassah has been an advocate on behalf of women, Israel and the Jewish diaspora. However, Hadassah has done more than advocate on behalf of these issues, it has taken concrete steps to help people throughout the world. In particular, Hadassah is to be lauded for its provision of world class health care to the people of the Middle East, irrespective of race, religion or nationality. Every year, more than 600,000 patients are treated at the centers operated by the Hadassah Medical Organization, HMO, which includes two hospitals, 90 outpatient clinics, and numerous community health centers. Under the auspices of the HMO, Haddassah also provides medical training during international health crises, including the recent events in Bosnia- Herzegovina and Rawanda. Though Hadassah's medical efforts are primarily in the Middle East, the organization also has other important initiatives. One of the most notable is a nationwide breast cancer detection and awareness campaign conducted by the Women's Health Department. This campaign includes the Check it Out high school program which strives to educate teens about the dangers of cancer and how to screen oneself for early signs. In addition, Hadassah produces quality educational programs that help Jewish families learn about and celebrate their Jewish culture and heritage. Hadassah is also affiliated with numerous other programs which provide such services as technical and vocational training and environmental preservation. Of particular note is Youth Aliya, which assists disadvantaged and at risk youth. Through a system of residential villages and day centers these teens have the opportunity to take part in health education programs, vocational training and are offered exposure to and encouragement in art, dance, music and athletics. The long and storied history of Hadassah and the record of public service by its members is truly commendable. I know that my Senate colleagues will join me in congratulating Hadassah on this significant occasion.

Mr. LEVIN

Mr. LEVIN. Mr. President, I am delighted to rise today to acknowledge the life of Richard Lane, a National Football League player who finished his career playing for the Detroit Lions, who passed away Tuesday, January 29th. Richard ``Night Train'' Lane possessed great athletic capabilities, a passion for the game and played the game of football like no one else. He is still recognized by many as one of the greatest cornerbacks to ever play the game. Through hard work and an unwavering commitment to the game of football, Night Train Lane's skill has made an indelible mark on the annals of football history. At six feet, two inches and 210 pounds, he will be remembered for hounding wide receivers with his trademark tackle, the Night Train Necktie. Upon graduating from High School, Night Train attended Scottsbluff Junior College, where he played football for one season. After a year in college, he served four years in the United States Army. He played wide receiver for service teams during his time in the Army and was spotted by a Los Angeles Rams scout during an Army exhibition game. In 1952, upon his discharge from the Army, Night Train was invited to drop by the Rams training camp for a try out. In his rookie season with the Rams, he had 14 interceptions in a 12 game season, a record that has stood for 50 years despite the NFL season schedule increasing to 16 games. After starting his career with the Rams, he was traded to the Chicago Cardinals, and later traded to the Detroit Lions. Over the course of his 14 year career, he made 68 interceptions, five for touchdowns. His career interception return yards total of 1,207 is still second in NFL history. After retiring from the NFL, Lane worked in the front office of the Detroit Lions, and was later head coach of both Southern University and Central State University. He later returned to Detroit to become executive director of the Police Athletic League, a sports program for at-risk children in Detroit. Night Train Lane's hard work and tremendous ability has been recognized by his peers who elected him to the Pro Football Hall of Fame in 1974 and to the 75th anniversary all- time team in 1994. I hope my Senate colleagues will join me in saluting Night Train Lane for his extraordinary career in the National Football League, his honorable service to our nation and his work with the children of Detroit.

Mr. LEVIN

Mr. LEVIN. Mr. President, in 1994, the Congress passed the Brady Law, which requires Federal Firearm Licensees to perform criminal background checks on gun buyers. However, a loophole in this law allows unlicenced private gun sellers to sell firearms at gun shows without conducting a background check. In April of last year, Senator Reed introduced the Gun Show Background Check Act which would close this loophole in the law. The Reed bill, which is supported by the International Association of Chiefs of Police, extends the Brady Bill background check requirement to all sellers of firearms at gun shows. I cosponsored that bill because I believe it is critical that we do all we can to prevent guns from getting into the hands of criminals and terrorists. A recent report from Americans for Gun Safety demonstrates how successful the Brady law has been in this regard and why it is important to extend its provisions to firearms sales at gun shows. According to Bureau of Justice Statistics numbers cited in the AGS report, in 2000 alone, Brady bill background checks blocked more than 153,000 felons and other illegal firearms purchasers from buying a gun. In addition, these checks were typically conducted without placing unreasonable burdens on gun buyers. According to the study, 72 percent of background checks were completed within minutes and 95 percent were completed within two hours. The study provides yet further evidence in support of common sense legislation to close the gun show loophole.

Mr. LEVIN

Mr. LEVIN. Madam President, I ask unanimous consent that the title amendment with respect to H.R. 622 be considered and agreed to, and the motion to reconsider be laid upon the table.

Mr. LEVIN

Mr. LEVIN. Madam President, I think we have a basic obligation to provide relief to Americans who have lost their jobs. This is one of the most fundamental responsibilities of this Congress. The extension of unemployment benefits today for an additional 13 weeks is a way of carrying out that obligation. We are all aware of the increase in the number of Americans who have lost their jobs as a result of this recession. Every one of our States is feeling it. Michigan alone has over 300,000 workers who have lost their jobs, and that number, as the numbers in many of our States, is likely to continue to rise in the coming months. I am terribly disappointed we could not agree on a economic stimulus package, but that is no excuse for failing to address the plight of Americans who have lost their jobs. Extending unemployment benefits is not just about doing what is right and doing what is equitable and doing what is fair; it is elementary economics. It is common sense. Providing additional unemployment benefits is a very good economic stimulus. The Department of Labor has found that for every dollar invested in unemployment insurance, we generate $2.15 for our gross domestic product. So putting money into the hands of people who need it, we are also putting money into the hands of people who are going to spend it. That helps our economy. That helps create jobs. I congratulate Senator Daschle for offering this legislation today, and I hope now that the House will promptly pass it. I thank my friend from Utah.

Mr. LEVIN

Mr. LEVIN. I very much thank my friend from Utah.

Mr. LEVIN

Mr. LEVIN. Mr. President, the Brady Campaign to Prevent Gun Violence recently published a report highlighting the progress made in state laws to protect children from guns and gun violence. The evaluation focused on a number of laws addressing juvenile possession of guns, safe storage, childproof guns, background checks and carrying concealed weapons, among other issues. The nation as a whole received a grade of C+. However, 29 States received grades of D or F. The report reveals the fact that our Nation's gun laws are a patchwork providing uneven and often ineffective protection for our Nation's children. In fact, the death rate of youth in the 7 States that received an F grade was 33 percent higher than the average firearms death rate for the 10 States that received an A or a B. This discrepancy illustrates the need for common sense gun safety laws and is a strong argument for Federal action. Last year, I cosponsored a bill introduced by Senator Durbin, the Children's Firearm Prevention Act. Under this bill, adults who fail to lock up a loaded firearm or an unloaded firearm with ammunition would be held liable if the weapon is taken by a child and used to kill or injure themselves or another person. The bill also increases the penalties for selling a gun to a juvenile and creates a gun safety education program that includes parent-teacher organizations, local law enforcement and community organizations. This bill is similar to a bill President Bush signed into law during his tenure as the Governor of Texas. I support this bill and hope the Senate will act on it during this Congress.

Mr. LEVIN

Mr. LEVIN. Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider Calendar No. 540; that the nomination be confirmed; the motion to reconsider be laid on the table; the President be immediately notified of the Senate's action; any statements thereon be printed in the Record; and the Senate return to legislative session.

Mr. LEVIN

Mr. LEVIN. Mr. President, at end of the First Session of this Congress, as I have before, I urged my colleagues to debate and pass sensible gun safety legislation. Since that statement, we have seen three separate incidences of gun violence in our Nation's schools. In New York City, a teenager walked into a high school and seriously wounded two other students. In Grundy, VA, a man walked into a law school and shot and killed three people. In Raymond, MS, a 17-year-old student who had just been suspended, returned to school and held the principal and assistant principal hostage at gunpoint for nearly three hours. These are not simply isolated events. According to the Children's Defense Fund Study of 2001 gun violence data, 3,365 children and teens were killed by gunfire in the United States last year, which is one child every 2\1/2\ hours. And, every year, four to five times as many children and teens suffer from non-fatal firearm injuries. The safety of our children and communities are at stake and access to guns is a major reason why. As we begin a new session of Congress, I once again urge the Senate to close the gun show loophole, prevent children from gaining access to guns and provide law enforcement the tools they need to investigate gun-related crimes.

Mr. LEVIN

Mr. LEVIN. Madam President, today I join a large number of my colleagues in the Senate in recognizing and mourning the loss of a selfless, dedicated American who was an unyielding advocate and activist for the cause of adoption. Rex David ``Dave'' Thomas was born on July 2, 1932, in Atlantic City, NJ, and was adopted soon afterward by Rex and Auleva Thomas, who lived in Kalamazoo, MI. Dave Thomas passed away on January 8 of this year at the age of 69. The bipartisan resolution which the Senate is about to adopt, hopefully today, extends condolences to Dave's wife of 47 years, Lorraine, and their 5 children: Pam, Ken, Molly, Wendy, and Lori, and their 16 grandchildren. The Thomas family has much to be proud of and to cherish. Dave Thomas led a life of dynamic public and human service. He was a man of vision, action, and compassion, and for generations to come the fruits of his labor will continue to improve the lives of the multitude of children who seek a permanent home and loving family and the multitude of families who wish to enrich their lives through adoption. Dave Thomas was 12 years old when he got his first restaurant job as a counterman. At 20, he successfully turned around four failing restaurant franchises. He became a millionaire by the age of 35. In 1969, Dave Thomas started the company for which he is most famous, Wendy's Old Fashioned Hamburgers. It was and is a success by any standard. Dave Thomas was able, through sheer determination, unpretentious know-how, and love for the restaurant business, to rise to the top of his chosen field. Dave Thomas was exemplary in the degree to which he gave back. He became famous through his numerous television commercials, which were so successful because they reflected his magnetic and joyful personality. He used that fame to become one of the most outspoken proponents of adoption in America. In 1992, he established the Dave Thomas Foundation For Adoption, and he donated his speaking fees and profits from the sale of his books to adoption causes. From 1990 through 2000, he headed up numerous White House adoption and foster care initiatives. His fingerprints are on the Adoption and Safe Families Act of 1997, the purpose of which is to decrease the number of children placed in foster care and to legally free those who cannot be safely returned to their homes; the Adoption Awareness postage stamp, and the shaping of health policy for numerous corporations to cover adoption benefits and expenses. Though Dave Thomas was a successful businessman, as well as a generous philanthropist, he was first and foremost committed to actively improving the lives of children in foster care and helping to facilitate their adoption. He did more than just use his irreproachable reputation to improve the lives of thousands of children; he personally donated millions of dollars to the Arthur G. James Cancer Hospital at Ohio State University, to Children's Hospital in Columbus, OH, and to the Thomas Center at Duke University, which he founded. Through these and many more charitable contributions, Dave Thomas advanced the American dream. He was a man who gave not out of a sense of obligation but because he believed it was simply the right thing to do. So, Madam President, David Thomas was a remarkable man, and his too- early death will leave many people with one fewer friend. He was greatly respected, much loved, and he will be deeply missed by all who knew him. The resolution, which I hope will be cleared for passage today, is a testament to the respect and the high esteem in which this body holds Dave Thomas and his memory. I ask unanimous consent that the names of the Senators, including our Presiding Officer, who join me in sponsoring this resolution be printed in the Record.

Mr. LEVIN

Mr. LEVIN. I thank my friend from West Virginia and the committee for their hard work in putting together this important legislation. office of justice programs

Mr. LEVIN. Mr. President, as the Senate considers the Fiscal Year 2002 Appropriations Act for the Department of Defense, I would like to emphasize the importance of portable water quality detection equipment in homeland security. Such devices are a important tools for ensuring a safe water supply for all Americans. In Michigan, like the rest of the country, there is a vital need to implement responsible water quality monitoring and tracking due to serious threats to public health through raw sewage discharges into its lakes and the industrial outfalls that pollute lakes such as Lake St. Clair. Since September 11, this need is even more important. We must protect sources of drinking and recreational water for our citizens by developing technologies that can identify and quantify hazardous water pollutants in near ``real time''. Four county health departments, Wayne, Oakland, Macomb and St. Clair, together with the U.S. Army Tank Automotive Research and Development Center, TARDEC, and Wayne State University, along with the support of the Michigan Department of Environmental Quality, comprise a consortium that is proposing to prove/develop methodologies to develop field portable equipment to detect chemical and biological contaminants including warfare agents. These technologies will accomplish the objectives of protecting public health and the health of our military by providing a valuable tool that can determine water quality. September 11 has placed a new urgency on the need to implement a field detection program to ensure safe potable drinking water supplies for civilians as well as military personnel. Funding provided in this bill is essential to the Southeast Michigan Health Association's research and I would urge the Environmental Protection Agency to make this project a priority when distributing the funds provided in this bill.

Mr. LEVIN

Mr. LEVIN. Mr. President, we have before us, the foreign operations, export financing, and related programs bill, H.R. 2506, for fiscal year 2002. This bill is the primary legislative means by which this body can review the U.S. foreign aid budget. That has always been an important task, but the events of September 11th have only enhanced the importance of examining our priorities and international commitments as we seek to stop international terrorism while continuing to promote democracy, the rule of law and free markets throughout the world. The events of September 11th have caused the United States to re- examine its relations with many nations including Armenia and Azerbaijan. For nearly a decade, our relations with these two nations has been shaped by section 907 of the FREEDOM Support Act, 102-511. Section 907 has restricted aid to Azerbaijan until it ceases the blockade and use of force against Armenia and Nagorno-Karabagh. Section 907 has been seen as a vital tool in the efforts to encourage Armenia and Azerbaijan to resolve the dispute over Nagorno-Karabagh in a peaceful manner. In spite of the vital role section 907 has played in trying to end the blockade of Nagorno-Karabagh, H.R. 2506 will allow the President to waive section 907 only with respect to our immediate crisis, the international was against terrorism. It is my hope that the President will not use this waiver given the important role section 907 plays in encouraging a cessation of this blockade that threatens the peace and stability of the entire Caucasus region. I am heartened by the fact that Congress will review the waiver to section 907 in the FY 2003 Foreign Operations Appropriations bill and will be closely monitoring Azerbaijan's actions and progress in the Nagorno-Karabagh peace process. In addition, I am particularly pleased that Armenia will receive significant military financing and training assistance and it is my hope that in the long run, this balanced approach will speed the Nagorno-Karabagh process. I would like to express my gratitude to Senators Leahy and McConnell for their hard work with regard to this bill. In addition, I would like to recognize the input of those individuals and organizations from the Armenian-American community who understand the importance of America's efforts to combat terrorism in the aftermath of September 11th.

Mr. LEVIN

Mr. LEVIN. Mr. President, on April 27, 1999, we paused in the Senate to observe a moment of silence in tribute to those who died at Columbine High School and to express our sympathy for their loved ones. Since the Littleton tragedy, over 60,000 people have been killed by guns, criminals continue to gain easy access to guns and, according to the Brady Campaign, there is an unlocked gun in one of every eight family homes. Several strong pieces of gun safety legislation have been introduced in the 107th Congress to address these problems. None, however has been adopted. In fact, none has even been voted on in the Senate. In 1994, the Brady law established the National Instant Criminal Background Check System, NICS. This check system allows federally licensed gun sellers to determine whether a person is allowed to buy a gun. Since its inception, NICS checks have prevented more than 156,000 felons, fugitives and others not eligible from purchasing a firearm without infringing upon any law-abiding citizen's ability to purchase a gun. However, a loophole in the law allows unlicenced private gun sellers to sell guns without conducting a NICS check. A 1999 study by the Bureau of Alcohol, Tobacco and Firearms found 314 cases of fraud at gun shows, involving 54,000 guns. Felons and suspected terrorists have reportedly used gun shows to purchase firearms, and smuggle them out of the United States. On April 24, 2001, Senator Reed introduced the Gun Show Background Check Act. I cosponsored that bill because I believe it is an important tool to prevent guns from getting into the hands of criminals and foreign terrorists. This bill, which is supported by major law enforcement organizations including the International Association of Chiefs of Police, simply applies existing law governing background checks to persons buying guns at gun shows. We should stand with our Nation's law enforcement community and take this common sense step to reduce gun violence. In January, regulations issued by the Department of Justice directed the FBI to retain NICS check information for a 90-day period. This 90- day period allows local law enforcement and the FBI to check NICS for illegal guns sales, identify purchasers using fake IDs and screens for gun dealers misusing the system. However, in June, the Attorney General proposed reducing the length of time that law enforcement agencies can retain NICS data to 24 hours. This is simply not a sufficient amount of time for law enforcement to audit and review the NICS database for patterns of illegal activity. This change will create another potential loophole for criminals to purchase guns. I was greatly concerned by the Attorney General's action and I was pleased to cosponsor the ``Use NICS in Terrorist Investigations Act'' introduced by Senators Kennedy and Schumer. This legislation would reinstate the 90-day period for law enforcement to retain and review NICS data. The need for this legislation was highlighted just a couple of weeks ago when the Attorney General denied the FBI access to the NICS database to review for gun sales to individuals they had detained in response to the September 11th terrorist attacks and refused to take a position on an amendment which would authorize that access. I believe it is imperative that law enforcement is given the authority to review the NICS database. The Schumer-Kennedy bill is commonsense legislation that deserves floor action. The Brady law has been effective in keeping guns out of the hands of criminals, but the number of children killed in suicides, unintentional deaths and school violence remains unacceptably high. This is the case because kids still have all too easy access to guns. Young children are too often killed or severely injured because adults do not store their firearms properly. A recent National Institute for Justice survey found that 20 percent of all gun-owning households had an unlocked and loaded gun in the home. To prevent easy access to guns, Senator Durbin introduced the Children's Firearm Prevention Act. Under this bill, adults who fail to lock up a loaded firearm or an unloaded firearm with ammunition would be held liable if the weapon is taken by a child and used to kill or injure themself or another person. The bill also increases the penalties for selling a gun to a juvenile and creates a gun safety education program that includes parent-teacher organizations, local law enforcement and community organizations. This bill is similar to a bill President Bush signed into law during his tenure as the Governor of Texas. I support this bill and hope the Senate will act on it during this Congress. We know kids and criminals should not have access to guns, but there are certain types of guns that simply do not belong on the street. One example is .50 caliber sniper guns. These weapons are among the most powerful weapons legally available. In fact, according to one rifle catalogue, a .50 caliber manufacturer touted his product's ability to wreck ``several million dollars, worth of jet craft with one or two dollars worth of cartridge.'' This is a disturbing assertion, particularly in the wake of September 11th. Even more disturbingly, there are fewer restrictions placed on purchases of long-range .50 caliber sniper weapons than there are on handguns. In fact, according to a 1999 GAO report, since the end of the Gulf War, .50 caliber sniper guns have ended up in the hands of many suspected terrorists, including al-Qaeda. Senator Feinstein's Military Sniper Weapon Regulation Act would change the way .50 caliber guns are regulated by placing them under the requirements of the National Firearms Act. This is a necessary step to assuring the safety of Americans. More than 2 years ago, two young men brought terror to Columbine High School. Of the four guns used by the two Columbine shooters, three were reportedly acquired at a gun show. The teenage shooters took full advantage of the gun show loophole, which allowed their friend to buy them two rifles and a shotgun without ever submitting to a background check. The tragedy in Littleton, Colorado struck a chord with every American. About a month ago, it was discovered in New Bedford, Massachusetts that a 17-year-old was plotting a massacre at his school. He told police he wanted the event to be like the 1999 slaughter at Columbine High School. Since the events of September 11th, several states, including my home state of Michigan, have experienced significant increases in applications for concealed weapons permits and background checks for gun permits. The gun show loophole remains open, law enforcement lacks access to the NICS database, kids continue to gain access to guns and .50 caliber military sniper guns remain uncontrolled. It is long past time to adopt sensible gun safety legislation.

Mr. LEVIN

Mr. LEVIN. Mr. President, for the Committee on Armed Services I report favorably the following nomination lists which were printed in the Records on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. LEVIN

Mr. LEVIN. Mr. President, I support, with some reservations, the the Elementary and Secondary Education Act Reauthorization conference report, which the Senate is about to overwhelmingly adopt. While I support this legislation as a whole, I continue to have some concerns about testing provisions which it contains, and I believe that the Congress must monitor the impact of these provisions on students. I also regret that the Senate provision requiring Congress to fully fund the 40 percent of special education costs, was not retained in the conference report. Keeping this commitment is critical and we must address this issue next year during reauthorization of the Individuals with Disabilities Education Act, IDEA. Since 1965, the Elementary and Secondary Education Act has sought to help our K thru 12 students learn in an appropriate learning environment as well as assist school communities in meeting new and growing challenges. The work that we have concluded today seeks to help all students make progress toward reaching their full potential. It sets high standards for all children and provides flexible Federal support that focuses on initiatives that we know are effective, such as: smaller classes, high quality teachers, after-school programs, technology and technology training for teachers, targeting resources to title I for educationally disadvantaged students, support for students with limited English proficiency, an expanded reading program, a strong Safe and Drug Free Schools Program, and guarantees of a quality education for homeless kids. Therefore, on balance, I believe this is a good bill, not just because of what it does, but because of what it does not do. We successfully defeated vouchers, block grants, the repeal of After-School programs and the repeal of funding for emergency school repair and construction. I am especially pleased that this compromise reform legislation provides some needed support to low performing schools. Struggling schools will be identified for extra help so that school improvement funds can be targeted where they are most needed. Students would have the option of attending other schools, including public charter schools. The legislation authorizes $500 million in direct grants to local school districts to help improve low-performing schools most in need of assistance. It sets a 12-year goal for States and schools to close the achievement gaps between rich and poor, and minority and non- minority students. The bill also ensures that parents will have better information about their local schools through annual report cards and strong parent involvement. The Reading First provisions of the legislation authorize an important new initiative that provides nearly $1 billion for States and local school districts to improve reading education, and help teachers get ready to ensure that all children become proficient readers. I am pleased that an amendment I offered, to permit funds under this program to be used for family literacy programs, was retained. The conference report also retained two additional amendments that I offered to ensure that teachers are trained to effectively use technology in the classroom to improve teaching and learning. Though not all that I had hoped for, this bipartisan legislation contains reforms that seeks to provide all of our students with a much greater opportunity to learn and to succeed.

Mr. LEVIN

Mr. LEVIN. Mr. President, I am concerned about the Attorney General's decision to deny law enforcement access to the National Instant Criminal Background Check System database. According to a December 6 story in The New York Times, following the events of September 11, FBI officials checked the NICS database for the names of 186 suspects being detained in connection with the terrorist attacks. The search turned up two matches of detained individuals approved to buy guns. According to the Attorney General, existing law does not give him the authority to approve law enforcement's review of these records. But despite knowledge of this gap, the Attorney General did not request this authority in the comprehensive USA PATRIOT Act signed into law by the President on October 26. Since September 11, over 500 individuals have been detained, but law enforcement has not been able to audit the NICS database for gun purchases by detained individuals. I believe the Attorney General's actions are at odds with his own priorities. That is why I was pleased to cosponsor the Use NICS in Terrorist Investigations Act introduced by Senators Kennedy and Schumer. This bill would establish a 90-day period for law enforcement to retain NICS data. It would also give the FBI the authority they need to review the NICS database. I urge the Attorney General to endorse this legislation and give law enforcement the comprehensive tools they need.

Mr. LEVIN

Mr. LEVIN. Mr. President, I rise today to introduce a bill that I hope will assist a family in my home State of Michigan who suffered the death of their child while living on a U.S. Army base in the Republic of Korea. Nearly 18 years ago, Mr. James Benoit and his wife Mrs. Wan Sook Benoit lost their three year old son, David Benoit, in a tragic mishap. Some years ago, Mr. and Mrs. Benoit approached my office with a request for assistance. The Benoit family felt that they did not receive the relief that they were entitled to receive. To assist the family, I introduced two private relief bills that sought to give the Benoit family a hearing before the U.S. Court of Federal Claims. This case was referred to U.S. Court of Federal Claims as the result of private relief legislation I introduced. The legislation, S. 1168, gave the Court of Federal Claims ``jurisdiction to hear, determine and render judgement on a claim by Retired Sergeant First Class James D. Benoit, Wan Sook Benoit, or the estate of David Benoit concerning the death of David Benoit on June 28th 1983. On March 14, 2000, oral arguments were heard by the hearing officer assigned to the case and the hearing officer recommended to the Court of Federal Claims on July 28, 2000, ``that Sergeant and Mrs.. Benoit be awarded $415,000 for the wrongful death of David Benoit.'' Subsequently on May 23, 2001, the Court of Federal Claims Review Panel upheld the conclusion of the hearing officer, and found that the plaintiffs ``have a valid and equitable claim against the United States.'' It went on to state that ``the Review Panel recommends that plaintiffs be awarded $415,000.'' As a result of these findings, I am introducing special legislation to provide relief consistent with the court's recommendation. This legislation can in no way compensate the Benoit's for the horrible loss that they have suffered. No amount of money can do that. However, as the court has stated, the Benoit family does indeed ``have a valid and equitable claim.'' It is my hope that Congress will act expeditiously to resolve this claim.

Mr. LEVIN

Mr. LEVIN. Mr. President, I rise today to introduce a bill that I hope will assist a family in my home State of Michigan who suffered the death of their child while living on a U.S. Army base in the Republic of Korea. Nearly 18 years ago, Mr. James Benoit and his wife Mrs. Wan Sook Benoit lost their three year old son, David Benoit, in a tragic mishap. Some years ago, Mr. and Mrs. Benoit approached my office with a request for assistance. The Benoit family felt that they did not receive the relief that they were entitled to receive. To assist the family, I introduced two private relief bills that sought to give the Benoit family a hearing before the U.S. Court of Federal Claims. This case was referred to U.S. Court of Federal Claims as the result of private relief legislation I introduced. The legislation, S. 1168, gave the Court of Federal Claims ``jurisdiction to hear, determine and render judgement on a claim by Retired Sergeant First Class James D. Benoit, Wan Sook Benoit, or the estate of David Benoit concerning the death of David Benoit on June 28th 1983. On March 14, 2000, oral arguments were heard by the hearing officer assigned to the case and the hearing officer recommended to the Court of Federal Claims on July 28, 2000, ``that Sergeant and Mrs.. Benoit be awarded $415,000 for the wrongful death of David Benoit.'' Subsequently on May 23, 2001, the Court of Federal Claims Review Panel upheld the conclusion of the hearing officer, and found that the plaintiffs ``have a valid and equitable claim against the United States.'' It went on to state that ``the Review Panel recommends that plaintiffs be awarded $415,000.'' As a result of these findings, I am introducing special legislation to provide relief consistent with the court's recommendation. This legislation can in no way compensate the Benoit's for the horrible loss that they have suffered. No amount of money can do that. However, as the court has stated, the Benoit family does indeed ``have a valid and equitable claim.'' It is my hope that Congress will act expeditiously to resolve this claim.

Mr. LEVIN

Mr. LEVIN. Mr. President, I move to reconsider the vote.

Mr. LEVIN

Mr. LEVIN. Mr. President, I am privileged today to introduce a concurrent resolution recognizing and honoring the National Guard on the occasion of the 365th anniversary of its historic beginning with the founding of the milita of the Massachusetts Bay Colony. This resolution is cosponsored by all members of the Armed Services Committee, the Majority Leader, Senator Daschle, the Republican Leader, Senator Lott, the co-chairs of the U.S. Senator National Guard Caucus, Senators Leahy and Bond, and Senator Rockefeller. I invite all other members to join with me in cosponsoring this concurrent resolution. It is significant that we appropriately recognize the 365th anniversary of the National Guard, which serves our Nation 365 days a year. National Guardsmen and women respond to every crisis that affects American citizens, from natural disasters to terrorist attacks. As one of the Members of Congress who visited the ruins of the World Trade Center just days after the September 11th attacks, I will never forget that Guardsmen were among the first to respond. More than 4,000 Army National Guardsmen from New York rushed to lower Manhattan to help to remove debris, rescue victims, treat the injured, and provide security. Today, National Guard personnel are flying combat patrols over American cities; they are providing security at our nation's airports, and they even provide security for us here on Capitol Hill. In my home state of Michigan, they stand guard at crossings along the Canadian border. These citizen soldiers and airmen are indispensable to our Nation's security and to U.S. military operations. They have fought in every major American conflict since the colonial wars of the 17th century, and they are an integral part of all of our ongoing military operations today. I know my colleagues join me in recognizing the many achievements of the National Guard on this historic day.

Mr. LEVIN

Mr. LEVIN. I want to say one thing publicly. I want to again thank Senator Warner. As he often points out, we came at the same time to this body. I have been blessed by having him as a partner and a ranking member for the short few months I have been chairman of the Armed Services Committee. Nobody could have asked for a better partner than I have had in Senator Warner. There are times, of course, that we don't agree with each other, but there has never been a time I can remember in 23 years where we don't trust each other. There is nothing more important in this body than to be able to look somebody in the eye and say that. That is something I feel very keenly. Our staffs have been extraordinary in their work. This has been a very difficult bill. In addition to thanking Senator Warner personally, I thank our staffs for the work they have done. Every night when I call David Lyles--every night--he is there with the staff until 10 or 11 o'clock. I do not even call him after 11 o'clock because that is when I go to bed, or at least I try to. I am pretty sure he stays on after that. I know it is true with Senator Warner's great staff, too.

Mr. LEVIN. Will the Senator from Mississippi yield for just 30 seconds?

Mr. LEVIN. Indeed, they do.

Mr. LEVIN

Mr. LEVIN. We can do that within the hour and a half, and Senator Byrd, if he wishes, can go first.