Congressional Record: September 11, 2003 (Senate)
Page S11380-S11383

                  IN REMEMBRANCE OF SEPTEMBER 11, 2001

  Mr. HAGEL. Mr. President, today is a day for remembrance and 
reflection. The attacks of September 11, 2001, affected all Americans 
as individuals, as families, and as a Nation. On that day, 2 years ago, 
I told the Omaha World Herald: ``America is forever changed.''
  We remember today those who died 2 years ago in New York, at the 
Pentagon, and in Pennsylvania, as well as those who have since lost 
their lives to terrorism in Iraq, Afghanistan, Indonesia, Saudi Arabia, 
Israel, Jordan, Pakistan, the Philippines, Yemen, and elsewhere. Their 
sacrifices and service should reinforce our commitment to defeating 
this new scourge of mankind.
  History has allowed America no quarter from the heavy burdens of 
leadership. The post-cold-war era of the 1990s now seems like an 
interlude between two epoch challenges: the cold war and the war on 
terrorism. Just as previous American generations defeated Nazi tyranny 
and contained Soviet expansion, today's war on terrorism requires new 
thinking, commitments, sacrifices, and responsibilities by a new 
generation of Americans.
  Americans can take pride in the courage and determination we have 
shown over the last 2 years. Our young men and women have participated 
in the liberation of Iraq and Afghanistan from brutal tyrannies, and we 

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to kill and capture al-Qaida leaders and terrorists and disrupt their 
cells and networks worldwide.
  Our Foreign Service officers, policemen, firefighters, and health and 
immigration professionals are on the front lines, at home and abroad, 
in keeping our homeland safe. Their roles have been redefined, along 
with our understandings of personal and collective security. These are 
battles joined but not yet won.
  Two years is but a blip in the span of generations. America is still 
finding its way, seeking a new center of gravity and balance between 
power and purpose in world affairs. America must approach its foreign 
policy with a principled realism that reflects our values, acknowledges 
the realities and challenges we face worldwide, and conveys an 
awareness of the costs and consequences of our actions. Decisions made 
today will have global implications for years to come, at a time when 
there is very little margin for error.
  America is playing for the next generation around the world. The 
battle against terrorism cannot be considered in a vacuum from the 
breeding grounds of poverty and despair in the Islamic world. We need 
to turn the tide in our favor. Our military power and policies must be 
balanced with a nobility of purpose that conveys America's commitment 
to helping make a better world for all people.
  The perception of American power will either enhance or diminish our 
influence, trust, and respect in the world. America's success will be 
determined not only by the extent of its power but by a judicious and 
wise use of it. America must enhance its relationships, not just its 
power. And America should not meet those world challenges alone.
  At these historic junctures, international alliances and institutions 
will change and be redefined, as events unfold and realities demand. 
America must lead in reshaping these alliances, institutions, and 
relationships that have helped support peace and prosperity since World 
War II. America's interests are not mutually exclusive from the 
interests of our friends and partners. Our actions abroad cannot be 
separated from our priorities at home.

  I have spoken across the country and to many Nebraskans about their 
concerns of the costs of the war on terrorism and building Iraq and 
Afghanistan at the expense of America's economy, health care, 
agriculture, and environment. But we have to understand all of this is 
connected. Our commitments abroad will require resources and 
sacrifices. But America cannot prosper at home in the absence of 
security and stability abroad. Issues critical to Nebraskans, to 
America, such as trade and economic growth, do not flourish in 
conflict; they wither and die.
  In thinking of the post-9/11 world, I think of my children and the 
world that they and all of our children will inherit. The stakes could 
not be higher.
  Today America looks upon a world of danger, of risk, but yet 
opportunity. The world looks upon an America that stands astride the 
globe as no other nation in history. How will the future of the world 
play out? That is up to us. The world is made up of 190 nations. These 
6.2 billion people represent many religions, cultures, traditions, 
histories, and ideas. But there is a fundamental common denominator 
among all people--the desire to be free. America's course in the world 
will be guided by the hallmarks of our national character: courage, 
compassion, humility, and respect for others.
  The memory of September 11, 2001, will focus our prayers, lift our 
spirits, and renew our purpose. That is the way those Americans who 
gave their lives on that day would have wanted it.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
  Mrs. FEINSTEIN. Mr. President, I ask to speak in morning business.
  The ACTING PRESIDENT pro tempore. The Senate is in a period of 
morning business.
  Mrs. FEINSTEIN. Thank you very much.
  Mr. President, I come to the floor to add my words to those of my 
colleagues as we take time to remember those who died and who were 
injured 2 years ago on this very day and at this very time.
  America will never be the same again. The changes are visceral and 
they are real. So many innocents were killed by a vicious and evil act. 
We still can't really comprehend how people could do this kind of 
  It has truly been a living nightmare for so many children, wives, 
mothers, fathers, and loved ones. There have been so many candles, so 
many shattered dreams. September 11, 2001 was a true day of infamy.
  But the rebuilding has begun and the page is turned. I cannot imagine 
what the survivors and family members and friends of those killed have 
endured. My sorrow, my sympathy, and my condolences go to those who 
lost so very much. I hope they understand that they still have the love 
and respect of a sympathetic nation.
  Here in the Capitol, in the wake of
9/11, we have come to see that many loopholes exist in the security of 
this great and free Nation. Some of these are the very result of what 
we have treasured as part of our freedom, our openness, our democratic 
way of life. And while acknowledging this fact, we in the Senate have 
participated in plugging a number of these loopholes in ways we hope 
are designed to protect our country from another catastrophic terrorist 
  First, we passed the USA PATRIOT Act, which is legislation that aims 
to make it easier for the FBI and other law enforcement agencies to 
monitor terror suspects and investigate their financial and personal 
records, to improve the sharing of information between law enforcement 
and intelligence-gathering agencies, and to bring Federal law up to 
date with recent advances in communication technology.
  It is still amazing to me to realize that 19 terrorists were able to 
come into this country--most of them on legal visas--and launch an 
attack that killed thousands of our people. But we should also be very 
much aware that the 9/11 attacks were no anomaly. In fact, there are 
thousands of other terrorists, just like those 19 hijackers, who are 
poised to strike at the United States and our interests.
  The CIA Counterterrorism Center estimates that 70,000 to 120,000 
individuals trained in Afghanistan terrorist training camps between 
1979 and 2001. Think of that. The Center also says that between 15,000 
and 20,000 are believed to have been trained by Osama bin Laden. These 
people are now spread all over the world and in many areas of this 
country now.
  The number of terrorist cells in this country is classified. I cannot 
share this on the floor of the Senate, but if I did, many people would 
be both shocked and surprised. So there is no question that the danger 
is real and, unless we find out who the enemy is and stop them before 
they try to kill us, only suffering and death can result.
  The USA PATRIOT Act was aimed at helping solve some of the problems 
that led to missed opportunities before 9/11. This legislation was 
spurred by the fact that key agencies in our Government had bits of 
information that, when viewed together, may have revealed details about 
the hijackers and their plans and prevented 9/11. Unfortunately, these 
bits of information were often held by different law enforcement and 
intelligence agencies and not widely shared--or, in some cases, not 
shared at all.
  Given the urgency of the war on terror and the inevitability of 
future attacks against our country and our interests, I believe there 
is a compelling need for our law enforcement and intelligence agencies 
to be able to gather intelligence to prevent attacks. But the challenge 
is, how can we do this without violating cherished civil rights and 
  Now, the PATRIOT Act was passed with the knowledge that it had been 
drafted and negotiated quickly. Mr. President, you yourself serve on 
the same committee I do--Judiciary--and I think it was about 6 weeks 
from start to finish that we held hearings, debated the bill, and then 
finally enacted it. Congress needs to exercise vigorous oversight to 
prevent abuse and to solve

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unintended problems with the legislation. That is one of the reasons 
some of these sections in the PATRIOT Act are scheduled to sunset in 5 

  The USA PATRIOT Act was also passed with the expectation that the 
executive branch would limit its new powers to the intended purpose of 
fighting terrorism. Indeed, the breadth and depth of these new powers 
in the act demand careful application and close oversight. And the jury 
is still out as we evaluate the actions taken under this new law.
  Secondly, after September 11, I learned at a hearing on the 
Technology and Terrorism Subcommittee of Judiciary that the security 
controls for anthrax, smallpox, ebola, and 33 other deadly pathogens 
were too lax. The FBI and the CDC could not tell us at that time how 
many people were working with these deadly agents, how much they 
possessed, where these agents were, or where they were being used or 
stored. Moreover, labs conducted no background screening of workers who 
handled these dangerous agents. As a result, Senator Kyl and I 
introduced legislation to heighten security and restrict possession of 
these pathogens. Ultimately, Congress incorporated many of these 
provisions into the comprehensive bioterrorism bill that was passed in 
June of last year.
  Thirdly, Senator Kyl and I also coauthored the Enhanced Border 
Security and Visa Entry Reform Act of 2002, which seeks to plug 
loopholes in our border security. We have seen over the years that our 
borders are like swiss cheese. This legislation enhances border 
security by, among other things, putting more Federal officers on the 
border to try to stop possible terrorists from entering our country.
  Last month, for example, two Pakistani nationals at Seattle-Tacoma 
International Airport paid cash for one-way tickets to John F. Kennedy 
International Airport. The customer agent at the desk checked a 
terrorism-related ``no fly'' list and found both men's names on it. 
Local police then detained the two men and handed them over to the FBI.
  The new border security law requires the Federal Government to take 
concrete steps to restore integrity to the immigration and visa 
process. It requires that all visas, passports, and other travel 
documents to be fraud- and tamper-resistant and contain biometric data 
by October 26, 2004.
  Word has reached me that the administration may be requesting a delay 
in this deadline. I hope they will not. I hope that, instead of taking 
the easy course and saying let's delay that deadline, they take the 
more constructive and important course and say let's find out what we 
can do to comply with the law. It is critical and important that they 
do this.
  This law also requires all foreign nationals be fingerprinted and, 
when appropriate, to submit other biometric data to the State 
Department when applying for a visa.
  These provisions should help eliminate fraud, as well as identify 
potential threats to the country before foreign nationals gain access 
to the United States. That is why that October 26, 2004, deadline is so 
  Now, when we put deadlines into the border security bill, we actually 
considered the need to come up with the new technology and the time it 
might take. We believed that the 2004 date was one that could be 
met. I, for one, think we should meet it.

  Finally, this law tightened up two programs that were highly 
unregulated and ripe for abuse and have been abused by terrorists: the 
Visa Waiver Program and the Foreign Student Visa Program.
  Much other work remains to be done. We know all of our ports, all 361 
one of them, are the soft underbelly of homeland security. To emphasize 
this point, ``ABC News Primetime'' tonight will have a segment 
announcing the results of an investigation that shows just how porous 
our borders are.
  As a test, they shipped a suitcase with 15 pounds of depleted uranium 
from Jakarta to Singapore to Hong Kong to mainland China, and finally 
to the port of Los Angeles--all without being detected. The suitcase 
was in a 20-foot container filled with teak furniture.
  This investigation demonstrates how easily a terrorist could put a 
dirty bomb on a container, ship that container to a port in the United 
States, then place the container on a train unopened, and move it out 
anywhere into the heartland of our country.
  To help solve this sort of problem, earlier this year, Senator Kyl 
and I introduced the Antiterrorism and Port Security Act of 2003. This 
bill is still pending. Our distinguished colleague, Senator Schumer, is 
a cosponsor, and we are grateful for his support.
  This legislation would close loopholes in our criminal laws that 
would allow terrorists to strike against our ports to escape 
appropriate punishment. Many criminal laws don't deal appropriately 
with port security and were never even contemplated as deterring and 
punishing a terrorist attack on a port, so there are enormous loopholes 
in them.
  The bill would also help safeguard ports by strengthening security 
standards and requirements and ensuring greater coordination, and it 
would better focus our limited cargo inspection resources by improving 
the existing shipment profiling system and substantially bolstering 
container security.
  The ``ABC News'' show airing tonight will show that our container 
risk profiling and inspection system is inadequate. Today, the 
administration is putting a handful of Customs agents in other 
countries, to try to push the borders out, and using a risk profiling 
system that includes much less information and intelligence that it 
could. Moreover, fewer than 2 or 3 percent of the containers that come 
into our country are searched.
  I would add that over 40 percent of all imported containers in the 
U.S. come through two big ports in my State. I would hate to see a 
dirty bomb come in through the port of Los Angeles, the port of Long 
Beach, or the port of Oakland and be detonated somewhere in the United 
States. That is all too easy to do still today.
  Rather than criticize ABC for this show, we should be grateful to 
them because, once again, their investigative efforts have shown 
dramatically a loophole in the homeland security of this great, free 
  I have also come to truly believe that we need to look deeply at our 
entire intelligence structure in this country. I have been privileged 
to serve on the Select Committee on Intelligence now for a couple of 
years, and I have seen many indicators that our intelligence structure 
needs dramatic improvement.
  Some recommendations for improvement are in the report by the joint 
inquiry into intelligence community activities before and after the 
terror attacks of September 11. One of the most important of these 
recommendations is the creation of a statutory Director of National 
Intelligence who shall be the President's principal adviser on 
intelligence and have the full range of management, budgetary, and 
personnel responsibilities necessary to run the entire United States 
intelligence community.
  Our intelligence community is so big--more than a dozen separate 
departments--and yet the individual who is head of the CIA is also 
supposed to be the head of this entire community. Yet he does not have 
budgetary and statutory authority over all of the departments. 
Consequently, he cannot transfer positions, and he cannot set 
strategies among the more than a dozen departments.
  I believe this is a shortcoming. And I have been joined by others in 
this belief. I am pleased that the joint inquiry report included the 
creation of a Director of National Intelligence as one of its 
recommendations. I am also pleased that Senator Graham of Florida makes 
this one of the provisions in his bill implementing the report's major 
  The current structure of our intelligence community was designed for 
post-cold-war intelligence-gathering agencies in a symmetrical world 
where two world powers--the Soviet Union, and the United States--
dominated. That structured world is no more. We are now in an 
asymmetrical world where intelligence-gathering agencies have to move 
to entirely new and different dimensions. Our current intelligence 
structure is not set up to allow that to happen.
  One of the things that has concerned me greatly is that many people 
have shied away from considering real reform in this area. If I ask 
questions about restructuring our intelligence community, I am told: 
Well, now is really not the time.

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  I proposed the Director of National Intelligence bill in June 2002 
and have introduced it again in this Congress. Yet we still have not 
had a hearing on that bill. It still has not moved. When I make 
inquiries, I am told: Now is really not the time. When is it going to 
be the time?
  The Intelligence Committees of both the House and Senate are charged 
with oversight of the intelligence structure. But I do not believe we 
are doing our job in that respect with respect to the organization of 
our intelligence community.
  One of the things, also, that I have learned is that man is capable 
of unspeakable violence, and in the case of 9/11, violence was the 
product of learned hatred--hatred that was conscientiously taught, that 
was drummed into tens of thousands, maybe millions, of people. Such 
hatred sows a field of violence and now this violence is all over our 
  As The New York Times points out today, in the 2 years since 9/11, 
the view of the United States as a victim of terrorism deserving the 
world's sympathy has changed. Remember the Le Monde headline right 
after 9/11 in France? It was: ``We are all Americans today.''
  That view has given way to a widespread vision of America as an 
imperial power that has defied world opinion through unjustified and 
unilateral use of force. We must take heed of this and move to remedy 
it. We must listen more; we must build alliances; we must move 
multilaterally; and we must recognize that we need the help of others. 
Yes, we need the help of the United Nations.
  In a world of asymmetrical warfare and terror, unilateralism is a 
flawed and unworkable doctrine. I believe the last 2 years have 
demonstrated that point.
  I hope we take heed, I hope we listen. And I hope as we commemorate 
this very solemn day that we will dedicate ourselves to that listening, 
to working with alliances, to building partnerships, to encouraging the 
United Nations to work with us, and to dispelling arrogance and 
becoming the humble nation that we said we were going to be.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Cornyn). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SUNUNU. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.