[Congressional Record Volume 147, Number 120 (Friday, September 14, 2001)]
[Senate]
[Pages S9413-S9421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 2001 EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR RECOVERY FROM AND 
           RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES

                                 ______
                                 

                AUTHORIZATION FOR USE OF MILITARY FORCE

  The PRESIDING OFFICER. The clerk will first report the Senate bill.
  The legislative clerk read as follows:

       A bill (S. 1426) making supplemental appropriations for 
     fiscal year 2001 for additional disaster assistance, for 
     antiterrorist initiatives, and for assistance in the recovery 
     from the tragedy that occurred on September 11, 2001, and for 
     other purposes.

  The PRESIDING OFFICER. The clerk will report the Senate Joint 
Resolution.
  The legislative clerk read as follows:

       A resolution (S.J. Res. 23) to authorize the use of United 
     States Armed Forces against those responsible for the recent 
     attacks launched against the United States.

  Mr. DASCHLE. I ask unanimous consent it be in order that I ask for 
the yeas and nays on on both the supplemental appropriations bill and 
the Joint Resolution.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DASCHLE. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.


                      AIRPORT AND AIRLINE SECURITY

  Mrs. BOXER. Mr. President, the Senate will pass a $40 billion 
supplemental appropriation in response to Tuesday's terrorist attack.
  One of the top priorities must be to increase our airport and airline 
security. I hope that some of the funds provided in this bill will be 
used to place air marshals on commercial planes and to improve security 
personnel in airports.
  Would the chairman of the Appropriations Committee inform me of his 
intention with this funding regarding airport and airline security.
  Mr. BYRD. I agree with the Senator from California on the importance 
of increasing airport and airline security to prevent our Nation from 
experiencing a tragedy like this. In my opinion, funds in this bill 
could be for air marshals and airport security personnel.
  Mr. STEVENS. Mr. President, the agreement reached in this body 
provides $40 billion to respond to the attacks in New York and 
Washington, and the plane crash in Pennsylvania, as follows:
  $10 billion available immediately for the President to utilize;
  $10 billion available 15 days after the President submits a plan;
  $20 billion available for allocation in subsequent acts.
  This compromise provides the initial $20 billion sought by the 
President with virtually no restriction, and provides a second $20 
billion pursuant to the President's commitment to the Governor of New 
York and the New York delegation that $20 billion would be available 
for the domestic response and recovery effort.
  The President can use any of the funds for national security 
purposes--but of the total of $40 billion, not less than $20 billion is 
only available for the domestic recovery effort.
  As context, Congress initially provided $15 billion for the gulf war 
effort; nearly $10 billion for the California earthquakes. All of the 
funds are available until expended, to ensure there is no rush to 
obligate prematurely.
  The arrangement fulfills the President's commitment to New York, 
Virginia, and Pennsylvania for the families of those on board the 
hijacked aircraft, and ensure adequate funds are available for any 
initial military or intelligence requirements, without a competition 
for funds between those two needs.
  Mr. DASCHLE. Mr. President, Ernest Hemingway observed that ``life 
breaks us all, and afterward many are strong at the broken places.''
  America's heart is broken. What happened on Tuesday was not simply an 
attack against America. It was a crime against democracy, against 
decency itself.
  The more we learn, the more we grieve for the innocent victims of 
these unconscionable attacks: the people of New York, and those of New 
Jersey, Connecticut, and all who were in and around World Trade Center 
at the time of these attacks; our men and women serving at the 
Pentagon; and, the passengers and crew of American Airlines flights 11 
and 77, and United Airlines flights 93 and 175.
  Today, with the passage of this supplemental bill, we take a step 
toward healing, and we begin the process of growing stronger at the 
broken places.
  It has been an extraordinary few days here in Congress. As we come 
together to consider how we can act, how we can help, how we can serve, 
we forget to consider those things that once divided us.
  Today, we are not Democrats or Republicans. We are Americans.
  We stand together as one Congress, one people. And we say together, 
with one voice, we will do whatever needs to be done to care for the 
victims, to comfort the families, to address this threat to our 
homeland, and to let our enemies know: We will find them. And we will 
have justice.
  This bill we are considering provides 40 billion dollars to provide 
aid to the victims of the attacks, and to deal with the consequences of 
those attacks. The money will be used to: repair the horrific damage 
caused by these attacks, and help begin the process of recovery; 
improve attack and disaster preparedness; enhance our counterterrorism 
efforts; make our planes and other systems of transportation safer and 
more secure; and strengthen our national security.
  But we need to remember: in the end, this isn't about money, because 
money is only a means. This is a statement of our commitment to help 
our fellow Americans in their time of need, to protect our Nation from 
the most insidious of threats, and to ensure that those who had a hand 
in these evil acts are held accountable.
  This is a first step. It is the first of many. Because we will do 
whatever it takes. And, ultimately, we will grow strong in the broken 
places.
  Mr. LEVIN. Mr. President, in the aftermath of Tuesday's tragic 
events, security has necessarily been tightened at all our borders. 
This includes the border crossings at the Port of Detroit, including 
the Ambassador Bridge, the Detroit-Windsor Tunnel, and the Blue

[[Page S9414]]

Water Bridge in Port Huron. The U.S. Customs Service is inspecting 
every vehicle and almost every truck crossing into the United States at 
these ports of entry, which is what should be the case after such a 
terrible breach of our Nation's security.
  These ports of entry are important commercial routes for the 
transport of the just-in-time delivery auto parts to American auto 
manufacturing plants which are supplied from Canada and elsewhere. 
Just-in-time delivery means an industry must have the ability to move 
its products quickly from point to point. An unfortunate side effect of 
the tightened security is that significant delays of up to 12 hours in 
some cases have occurred at the bridges and tunnel. This has meant that 
the just-in-time delivery systems that the auto manufacturers rely on 
have broken down. As a result, automobile assembly plants in the United 
States do not have the necessary parts and many have shut down. Others 
may have to shut down soon for lack of parts.
  This backup at our northern border during these extraordinary times 
highlights and aggravates an existing and chronic problem of under-
staffing of Customs inspection and INS personnel at the Port of Detroit 
and along the Northern border in general. Congress was already 
beginning to address this shortfall before Tuesday's tragedy 
exacerbated the problem.
  As we pass an emergency supplemental bill today that will provide $40 
billion in disaster relief and humanitarian aid to help respond to the 
destruction caused by Tuesday's tragedy, we should not forget the 
security needs at our borders. Specifically, we need to be sensitive to 
the economic impact additional security measures have on industries 
that depend on just-in-time delivery of product from Canada and 
elsewhere. This doesn't mean that we should be any less vigilant in 
inspection at the border. To the contrary, it means we should be sure 
that we commit adequate resources to preform these inspections without 
hurting our economy in the process.
  The simple solution would be to direct a portion of the $40 billion 
to increase Customs and INS staffing levels at our northern border and 
at the Port of Detroit in particular where this need has been most 
clearly demonstrated. It makes good domestic security sense and it 
makes good economic sense.
  Mr. JOHNSON. Mr. President, I want to express my strong support for 
S. 1426, the Emergency Supplemental Appropriations bill for assistance 
in the recovery from the tragedy that occurred on September 11, 2001, 
and for S. J. Resolution 23, which authorizes the use of force against 
those responsible for the attacks launched against the United States. 
On this day of remembrance in our country, we must also face the need 
to respond and rebuild.
  As we are faced with another critical moment in our Nation's history, 
I am proud to be a member of the United States Senate and the Senate 
Appropriations Committee, as we work in a nonpartisan way to provide 
support to the victims of the terrorist attacks on the World Trade 
Center and the Pentagon. The Senate approved this critically important 
funding legislation of $40 billion by a vote of 96-0 earlier today. The 
United States Congress and the President have worked together to 
demonstrate that the United States will stand together and put our 
partisan differences aside as we address this tragedy facing our great 
country.
  This funding will also help our country as we begin to rebuild and 
work to find those responsible for these reprehensible and cowardly 
acts of terrorism. Today, I join members of the Senate and the House of 
Representatives, Democrats and Republicans, in supporting our President 
and our country by approving legislation to authorize the use of force 
against those responsible for the despicable acts of terrorism made 
against our Nation on September 11, 2001.
  Innocent Americans were killed at the hands of our enemies. Our 
Nation grieves their loss and remembers an innocence now lost. Now, it 
is time to act swiftly and decisively against those who planned, 
authorized, committed, or aided the terrorist attacks in order to 
prevent future aggression against Americans at home and abroad.
  The war declared by these terrorists is a new kind of conflict. 
Unlike wars of the past, the attack was not made by one military 
against another, battling over borders. Instead, the attacks came from 
a faceless source and focused on innocent civilians. Their aim was to 
undermine our Nation's freedom, our liberties, and to destroy us from 
within through fear, hatred, and rage. We must not and will not allow 
terrorists to ultimately win this war.
  I think about the families of those who have lost loved ones this 
week, the children who are now orphans, and those who still await word 
on the missing. We hold them in our hearts and keep them in our 
prayers. As the parent of a son in the US Army, I also share the pride 
felt by those currently serving our Nation and protecting our freedoms 
in the military and in our communities as police and firefighters. The 
coming weeks and months will by trying, and we must stand with one 
voice in support of these brave men and women.
  It is important that we also stand as one America against any example 
of violence against people based on their religion or ethnicity. We 
will have lost this war against terrorism if our country's diversity 
becomes threatened.
  We will remember those we've lost. We will respond against those 
responsible. And we will rebuild our Nation's confidence and security.
  Mr. KOHL. Mr. President, today the Senate has taken a somber step 
toward a new kind of war. Congress has resolved that military force may 
be necessary to end the scourge of terrorism. Today we took a solemn 
vow that we will strike back at those who have killed thousands of 
American citizens. Those responsible for the attack on the World Trade 
Center, the Pentagon, and the crash of an airliner in Pennsylvania will 
now face the full fury and capability of this great Nation.
  But the United States will not react blindly. We do not want revenge, 
we want justice and security. We act today to defend America and punish 
our enemies. Unnecessary violence will do nothing to erase the losses 
suffered by the American people.
  Part of what we are fighting to protect, is the Constitution and the 
role of Congress in a crisis. This resolution faithfully and 
responsibly executes our duty under the Constitution. We have not ceded 
our power to the President, Congress remains a co-equal branch and a 
partner with the President in this struggle.
  We stand together in this Chamber and with the President. Shoulder to 
shoulder we are prepared to do whatever is necessary to restore peace 
and security to the land. Our will is resolute, our hearts are 
steadfast, and our minds are fixed. We will not rest until the task 
before us is complete.
  Mr. KYL. Mr. President, I rise at this time to lend my full support 
to S. 1426 the emergency supplemental appropriations bill.
  The United States is engaged in war against terrorism. We have been 
engaged in that war for a long time, but seldom has it tread upon our 
Nation's soil. On September 11, it did, in a most horrific way.
  Last night, this body took a great step in its fight against 
terrorism. We passed legislation that will significantly improve the 
effectiveness of our intelligence and legal apparatus.
  The measure before us will provide much needed funds to the President 
to help heal the wounded, repair the broken and enable our Nation's 
military, justice, and intelligence agencies to carry out the arduous 
duties that lay before them. The threat will not soon go away. The 
missions of the agencies we provide for with the funds from this bill 
will continue long past the day when these funds will run out.
  It is up to us, our colleagues in the House and the President and his 
administration to develop a long-range plan and provide the resources 
to the men and women who will carry out necessary steps to prevent what 
happened 3 days ago from ever happening again. It is up to us to 
promote and insure the Nation's resolve in the coming days, months, and 
years.
  So, I support emergency supplemental legislation.
  Ms. MIKULSKI. Mr. President, this Tuesday, September 11, 2001, the 
United States of America suffered devastating attacks.
  What happened Tuesday was not only an attack against America. It was 
a crime against democracy, and decency. It was a crime against 
humanity.

[[Page S9415]]

  Our hearts and prayers go out to the many who lost their lives. To 
the thousands who are injured and suffering. To the families of all the 
victims. And to the rescue workers and medical personnel who continue 
to work around the clock to try to save lives.
  At the Pentagon yesterday, I saw the horrendous devastation. I saw 
the courage and determination of the Montgomery County Urban Search and 
Rescue Team and many others working to shore up the structure and 
search the rent and burnt symbol of America's military power. I was 
deeply moved by the two Chaplains who bless the remains as each victim 
is found and removed.
  The physical impact of these attacks hit New York City, at the 
Pentagon, and in Pennsylvania. But the real impact is on all of 
America, on all of the free world.
  The direct victims were passengers on domestic flights, civilians and 
members of our Armed Forces working at the Pentagon, people working at 
or visiting the World Trade Center, and rescue workers. But all 
Americans share the pain of those who lost loved ones. We feel this as 
an attack on each and every one of us, and on our way of life.
  I am so proud of the way Americans are responding to this national 
tragedy. We are united. We are helping each other. We are steadfast. We 
are strong.
  Today, the Senate is taking action. We are doing our part as 
representatives of the American people. I am proud to join in the 
unanimous support for emergency supplemental appropriations and a 
resolution authorizing the use of force.
  I have pledged to provide President Bush the resources for rescue, 
response and recovery, to investigate these attacks, and to improve 
security. Today, we are appropriating $40 billion to do that.
  We are making resources available immediately to support Federal, 
State and local search, recovery and rebuilding efforts. To 
investigate, and prosecute domestic and international terrorism. To 
increase transportation security. To repair public buildings. And to 
support national security readiness. The President has tremendous 
flexibility, consulting appropriately with Congress, to use these 
funds.
  We can and will prevail over terrorism. But we must also take strong 
action against those who attacked our Nation. Today, we are also 
adopting a resolution authorizing the President to use ``all necessary 
and appropriate force.''
  The resolution specifically targets ``those nations, organizations, 
or persons he determines planned, authorized, committed, or aided the 
terrorist attacks that occurred on September 11, 2001, or harbored such 
organizations. . . .'' Moreover, the resolution only authorizes action 
``in order to prevent any future acts of international terrorism 
against the United States. . . .'' The requirements of the War Powers 
Resolution remain in force. Congress may decide to give the President 
further authorization once we have discovered with greater certainty 
who is responsible for these barbaric acts.
  America's law enforcement and intelligence agencies are vigorously 
pursuing their investigations to find all those responsible. Whoever 
they are, they must now know that America is committed to rooting them 
out and exacting a severe price for their barbarity. And America's 
friends and allies are rightly ready to join us.
  Much work remains for the Senate, for the Congress, for our 
government, for our Nation, to respond and recover and rebuild. Today 
we are taking critical steps to sustain the recovery efforts and take 
appropriate action against terrorism.
  We will not sacrifice our ideals in pursuit of the monsters who 
carried out these attacks. We will not compromise the principles for 
which so many Americans have fought and died.
  But we will root out those who committed these atrocities. We will 
have justice. And we will move forward, a stronger nation than before.
  At our prayer service in the Rotunda on Wednesday evening, I asked 
God to give us the courage and wisdom to respond rightly to these 
attacks on America. I believe we are doing so today.
  The PRESIDING OFFICER. The question is on the third reading and 
passage of the bill.
  The bill was ordered to a third reading and was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Vermont (Mr. Jeffords) is 
necessarily absent.
  Mr. NICKLES. I announce that the Senator from Ohio (Mr. Voinovich), 
the Senator from Idaho (Mr. Craig), and the Senator from North Carolina 
(Mr. Helms) are necessarily absent.
  I further announce that if present and voting the Senator from Ohio 
(Mr. Voinovich) and the Senator from North Carolina (Mr. Helms) would 
each vote ``yea.''
  The PRESIDING OFFICER (Mr. Bayh). Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 96, nays 0, as follows:

                      [Rollcall Vote No. 280 Leg.]

                                YEAS--96

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Warner
     Wellstone
     Wyden

                             NOT VOTING--4

     Craig
     Helms
     Jeffords
       
     Voinovich
       
  The bill (S. 1426) was passed, as follows:

                                S. 1426

       Be it enacted by the Senate and House of Representatives of 
     the Untied States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, to provide emergency 
     supplemental appropriations for fiscal year 2001, namely:

              EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS

                     APPROPRIATED TO THE PRESIDENT

                        Emergency Response Fund


                     (including transfer of funds)

       For emergency expenses to respond to the terrorist attacks 
     on the United States that occurred on September 11, 2001, to 
     provide assistance to the victims of the attacks, and to deal 
     with other consequences of the attacks, $40,000,000,000, to 
     remain available until expended including for the costs of 
     (1) providing Federal, State, and local preparedness for 
     mitigating and responding to the attacks, (2) providing 
     support to counter, investigate, or prosecute domestic or 
     international terrorism, (3) providing increased 
     transportation security, (4) repairing public facilities and 
     transportation systems damaged by the attacks, and (5) 
     supporting national security: Provided, That these funds may 
     be transferred to any authorized Federal Government activity 
     to meet the purposes of this Act: Provided further, That the 
     Congress designates the entire amount as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985: Provided 
     further, That $40,000,000,000 shall be available only to the 
     extent that an official budget request, that includes 
     designation of the $40,000,000,000 as an emergency 
     requirement as defined in the balanced Budget and Emergency 
     Deficit Control Act of 1985, is transmitted by the President 
     to the Congress: Provided further, That the President shall 
     consult with the chairmen and ranking minority members of the 
     Committees on Appropriations prior to the transfer of these 
     funds: Provided further, That of the $40,000,000,000 made 
     available herein, $10,000,000,000 shall not be available for 
     transfer to any Department or Agency until 15 days after the 
     Director of the Office of Management and Budget has submitted 
     to the House and Senate Committees on Appropriations a 
     proposed allocation and plan for use of the funds for that 
     Department or Agency; $20,000,000,000 may be obligated only 
     when enacted in a subsequent emergency appropriations bill, 
     in response to the terrorist acts on September 11, 2001: 
     Provided further:

[[Page S9416]]

     That the President shall transmit an amended budget request 
     proposing an allocation of funds: Provided further, That not 
     less than one-half of the $40,000,000,000 shall be for 
     disaster recovery activities and assistance related to the 
     terrorist acts in New York, Virginia and Pennsylvania on 
     September 11, 2001, as authorized by law: Provided further, 
     That the Director of the Office of Management and Budget 
     shall provide quarterly reports to the Committees on 
     Appropriations on the use of these funds, beginning not later 
     than January 2, 2002: Provided further, That the President 
     shall submit to the Congress as soon as practicable detailed 
     requests to meet any further funding requirements for the 
     purposes specified in this Act.

                           General Provisions

       Sec. 1. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414).
       Sec. 2. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, may be obligated and 
     expended notwithstanding section 10 of Public Law 91-672, 
     section 313 of the Foreign Relations Authorization Act, 
     fiscal years 1994 and 1995, and section 15 of the State 
     Department Basis Authorities Act of 1956.
       This Act may be cited as the ``2001 Emergency Supplemental 
     Appropriations Act for Recovery from and Response to 
     Terrorist Attacks on the United States.''

  Mr. BOND. I move to reconsider the vote and move to lay that motion 
on the table.
  The motion to lay on the table was agreed to.


                           Order Of Procedure

  Mr. DASCHLE. Mr. President, again, I ask Senators to vote from their 
desks on this very momentous vote we are about to take.
  For the information of all Senators, we want to get on the buses just 
as quickly as possible after this vote. For those who are going to be 
attending the memorial service, they will be right down in front of the 
steps. So we can accommodate all Senators by quickly going, as soon as 
the vote has been completed, to the buses for transportation to the 
National Cathedral.
  Mrs. HUTCHISON. Mr. President, I inquire of the distinguished 
majority leader if the Senate will be able to stay in session for 
people who will not be able to stay later to make a statement regarding 
the bill and joint resolution being passed today.
  Mr. REID. Mr. President, we will need some help in presiding. There 
are many people going to the memorial service, so some people will not 
be in this Chamber. So we will need some cooperation with the 
presiding.
  Mr. DASCHLE. With an understanding we may be shorthanded with 
Presiding Officers, my intention was for those who were unable to 
attend the memorial service, we would stay in session until noon for 
Senators to speak for up to 5 minutes. We will resume then, following 
the memorial service, for Senators who may wish to come back and 
express themselves on the two matters on which we will have voted this 
morning--or other issues. And we will be in later in the day for 
purposes of confirming a number of nominees that are prepared for 
consideration as well.
  We will come back after the memorial service.
  Mr. LOTT. Did you propound a UC on the time for the 5 minutes?
  Mr. DASCHLE. I did not.
  Mr. President, I ask unanimous consent Senators be limited to 5 
minutes as in morning business, following the vote, up until noon 
today.
  Mr. BYRD. Reserving the right to object, and, of course, I will not, 
Mr. President, may I say to the distinguished majority leader--if I may 
have 1 minute----
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. There will be no necessity to worry about a Presiding 
Officer. There will be one.
  Would the Chair state the question when the leader is finished for 
the benefit of the Senate?
  Mr. DASCHLE. Mr. President, I ask unanimous consent that Senators be 
permitted to speak for up to 5 minutes as in morning business until the 
hour of 12 o'clock noon.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DASCHLE. I thank the Chair and thank all Senators.
  Mr. President, I also announce that this will be the last vote of the 
day and we will not have any votes Monday, Tuesday, or Wednesday of 
next week.
  Mr. LEVIN. Mr. President, I rise to express my strong support for 
S.J. Res. 23, the joint resolution for use of military force.
  As we consider this legislation, our fellow Americans in New York and 
at the Pentagon--indeed throughout this great country, are recovering 
those who are still lost, assisting their loved ones to cope, and 
determinately getting on with the effort to build that which has been 
torn down. The $40 billion supplemental appropriations bill that we 
just passed unanimously demonstrates our determination to assist in the 
recovery and rebuilding process.
  We still have some unfinished business that needs to be attended to 
today. In the aftermath of the treacherous terrorist attack on the 
United States and its citizens on September 11, I believe that it is 
extraordinarily important that the Congress speak with a united voice 
to authorize the President to use force. In doing so, we will send a 
strong message of unity behind the President to our fellow citizens, to 
the international community, and to those connected with these 
terrorist acts and those who might be considering future acts of 
terrorism against us.
  By this joint resolution, we are authorizing the President to take 
military action as necessary and appropriate against those nations, 
organizations, or persons who planned, authorized, committed, or aided 
those terrorist attacks or harbored such organizations or persons.
  In doing so, we will be empowering the President and expressing our 
strong support for him and for the men and women in our Armed Forces. 
In my view, it is only by doing so that we can prevent those nations, 
organizations, and persons from conducting terrorist attacks against us 
in the future.
  I believe it is important to note that this joint resolution would 
authorize the use of force even before the President or the Congress 
knows with certainty which nations, organizations, or persons were 
involved in the September 11 terrorist acts. This is a truly noteworthy 
action and a demonstration of our faith in the ability of our 
Government to determine the facts and in the President to act upon 
them.
  I believe it is also important to note that this authorization for 
the use of force is limited to the nations, organizations, or persons 
involved in the terrorist attacks of September 11. It is not a broad 
authorization for the use of military force against any nation, 
organization, or persons who were not involved in the September 11 
terrorist attacks.
  This joint resolution is based upon and is an exercise of the 
Congress' constitutional war powers role as codified in the War Powers 
Resolution. It also expressly confirms the conditions on the exercise 
of Executive power under that resolution. In that regard, I want to 
note that the statement in the last ``Whereas'' clause relating to the 
constitutional authority of the President to take action to deter and 
prevent acts of international terrorism against the United States is to 
be read in conjunction with the War Powers Resolution. That is why 
words in earlier drafts of this joint resolution, which might have been 
interpreted to grant a broader authority to use military force, were 
deleted and that is why the references to the War Powers Resolution 
were added. It does not recognize any greater presidential authority 
than is recognized by the War Powers Resolution nor does it grant any 
new authority to the President.
  Finally, I want to encourage my colleagues to vote in favor of this 
joint resolution. It is my fervent hope that we will achieve a 
unanimous vote. I believe we owe it to those who have been lost, to 
their loved ones and friends, and to the men and women of our Armed 
Forces who will be placed in harms way to protect us from future 
terrorist acts.
  Mr. McCAIN. Mr. President, in 1936, Winston Churchill addressed the 
British House of Commons to highlight the extraordinary growth of 
German military power and the threat it posed to the security of 
Europe. In his historic address, ``The Locust Years,'' Churchill warned 
of complacency in the face of a Nazi threat that would doom Europe's 
peace and blacken European civilization. In Churchill's words:

       The era of procrastination, of half-measures, of soothing 
     and baffling expedients, of delays, is coming to its close. 
     In its place we

[[Page S9417]]

     are entering a period of consequences. . . . We cannot avoid 
     this period; we are in it now . . . [What has] staggered me . 
     . . has been the dangers that have so swiftly come upon us in 
     a few years, and have been transforming our position and the 
     whole outlook of the world.

  We in America today have entered a period of consequences. We do not 
face the imminent prospect of war against a great power. We face 
instead a threat more insidious, one that will require the best of 
America to defeat: the reality of catastrophic terrorism in our midst.
  No longer do we perceive the only great threat to our security in the 
hostile maneuvers of foreign armies; no longer do vast oceans protect 
us from the plots and violence of the Old World; no longer do we sit in 
splendid isolation, flush with prosperity and naive with peace.
  A new day has come, a new test of the values upon which our Nation 
was founded. It calls us to a national mission unlike any we have 
known. Our Founding Fathers would well understand the nature of this 
challenge, for they prevailed against even greater odds in defending 
the American experiment. Let us seek strength from their example, and 
courage in their wisdom, as we protect the legacy they built.
  We must destroy this international network of terror in all its 
guises, and deprive its architects, executioners, and sponsors of safe 
harbor anywhere in this world. We will find the enemy, and they will 
suffer the full, awesome measure of our justice.
  These were not just crimes of mass murder against the United States; 
they are acts of war. The American people now know that we are at war. 
They will make the sacrifices and show the resolve necessary to 
prevail.
  To see this mission through, Congress should encourage the President 
to use all necessary means to overcome and destroy this enemy, in what 
will be a long and trying campaign for freedom. Under the Constitution, 
the President already possesses this authority, but it is enhanced, and 
our cause strengthened, by the support of the Congress.
  History will judge us for our support of this resolution, just as the 
102nd Congress is judged for its resolution authorizing military action 
against Iraq. When faintness of heart carries the day, history's 
judgment is cruel.
  The stakes today are higher than before the Persian Gulf War: this 
mission is harder, will take longer, and ends not with the capture or 
death of Osama bin Laden, but with the destruction of the terrorist 
networks that threaten our way of life, and the defeat of nations 
supporting and collaborating with this evil. These nations, too, are 
our enemies.
  Those who have seen war do not seek it lightly. But war has been 
thrust upon us, and the stakes couldn't be higher.
  The era of procrastination and half-measures has ended. The ``post-
Cold War era,'' the prosperity and peace that attended it, is over. We 
now have a higher purpose. Like other turning points in American 
history, when our founding principles were put at grave risk, we today 
rise proudly to the challenge.
  American resolve is not in doubt. Let us give our Commander in Chief 
all necessary authority to put power behind our purpose, in the name of 
our sacred heritage of freedom, and the glory of all whose sacrifice 
has preserved it.
  Two years before Britain's appeasement of the German war machine at 
Munich, Winston Churchill called not for a policy of half-measures to 
tame the foreign threat, but a posture of peace through strength to 
prepare for victory over it. Britain's freedom required no less. In 
Churchill's words:

       The inheritance in our possession represents the prolonged 
     achievement of the centuries . . . There is not one of our 
     simple uncounted rights today for which better men than we 
     are have not died on the scaffolds or the battlefield. We 
     have not only a great treasure; we have a great cause.

  America's freedom, and the values that protect us in the face of 
evil, are our great and glorious cause. We rededicate ourselves to it 
today, to our prolonged achievement of the centuries, with humble pride 
and righteous fury, as we seek to make of this world a better, safer 
place for all.
  Mr. KERRY. Mr. President, we cannot undo the grave events that took 
place on Tuesday or bring back the loved ones that so many families 
have lost or quickly restore the sense of security that Americans took 
for granted. But with resolve and determination we can take actions to 
root out those who perpetrated these dastardly and heretofore 
unimaginable events.
  There should be no question in the minds of those who are responsible 
for these attacks, or in the minds of those who have aided and abetted 
them, that the United States will take all necessary and appropriate 
steps to respond and to prevent them from undertaking additional 
attacks against our country. In keeping with our very values that were 
under attack this week, we must respond rationally and judiciously, not 
out of anger and sadness.
  This resolution leaves no doubt that the Congress is united in full 
support of the President. We have given the President the authority 
that he needs to respond to this unprecedented attack on American 
citizens on U.S. soil. This resolution allows the President to use all 
necessary and appropriate force against those nations, organizations, 
or individuals who are responsible for this attack and against those 
who helped or harbored them. But it does not give the President a 
blanket approval to take military action against others under the guise 
of fighting international terrorism. It is not an open-ended 
authorization to use force in circumstances beyond those we face today. 
Under the Constitution the President has the authority to act if there 
is an imminent attack on the United States. That authority is 
recognized in this resolution.
  The tragedy our Nation experienced this week brought home to every 
American the reality of terrorism. Now we must respond. That response 
must be forceful and unequivocal. I am confident it will be.
  Mr. FEINGOLD. Mr. President, the attack on the United States this 
week leaves all of us jolted and angered. To respond to this terror is 
both our fate and our challenge. Our response to that attack must 
reflect our national character. As a great Nation, we must respond 
powerfully. But our response must be guided by justice and by our right 
to self defense, not by vengeance. We must act to hold accountable 
those responsible for these terrorist attacks. But to be true to our 
traditions and our Founders, we must act within the confines of the 
Constitution and the law. I believe that the resolution before us 
achieves that goal.
  The War Powers Resolution of 1973 explicitly recognizes the 
President's authority to take immediate action as Commander in Chief of 
the United States Armed Forces to respond to this unprovoked attack on 
the United States. As such, there is no reason to suggest that the 
action we take here today is required in advance of any immediate 
military response by the President. In the interest of demonstrating 
our national resolve to act firmly and decisively, however, and as a 
demonstration of our commitment to working in close cooperation with 
our Commander in Chief to respond to this aggression, we act today to 
authorize the use of force, as required by the War Powers Resolution.
  I commend the President and his administration for seeking the 
resolution before us today, for working with the Congress, and for 
recognizing the requirement under the Constitution and the law for 
joint authorization. As well, I commend those who negotiated the 
specific language of this resolution, and in particular, Senators 
Biden, Levin, and Kerry. They deserve our thanks for insisting that we 
honor the War Powers Resolution.
  Like any legislation, this resolution is not perfect. I have some 
concern that readers may misinterpret the preamble language that the 
President has authority under the Constitution to take action to deter 
and prevent acts of international terrorism as a new grant of power; 
rather it is merely a statement that the President has existing 
constitutional powers. I am gratified that in the body of this 
resolution, it does not contain a broad grant of powers, but is 
appropriately limited to those entities involved in the attacks that 
occurred on September 11. And I am particularly gratified that this 
resolution explicitly abides by and invokes the War Powers Resolution.
  In taking this action today, we are not responding to a distant 
threat to

[[Page S9418]]

international peace and security; we are responding to a direct attack 
on the United States. This is not a humanitarian response to a foreign 
crisis, but a defensive action to protect the lives of Americans here 
at home.
  At the same time, we must recognize that this war will be unlike any 
other we have fought in the past. Our enemy is not a state with clearly 
defined borders. We must respond instead to what is quite likely a 
loose network of terrorists that do not function according to a strict 
hierarchy. We must respond to a highly mobile, diffuse enemy that 
operates largely beyond the reach of our conventional war-fighting 
techniques.
  Given the immense difficulties involved in identifying our enemies, 
we must take great care to guard against making mistakes as we pursue 
them across an obscured terrain. We must not act on misguided 
prejudices or incomplete information. We must not cause needless harm 
to innocent bystanders. Our response will be judged by friends and 
foes, by history, and by ourselves. It must stand up to the highest 
level of scrutiny: It must be appropriate and constitutional.
  Within this confusing scenario, it will be easy to point fingers at 
an ever increasing number of enemies, to believe that the ``the enemy'' 
is all around us, that the enemy may even be our neighbor. The target 
can seem to grow larger and larger every day, before the first strike 
even occurs. And this, of course, is exactly what the terrorists want. 
They seek to inflate their numbers and their influence by retreating 
into the shadows. They seek to turn us against each other, and to turn 
us against our friends and allies across the world, but we will not 
allow this to happen.
  We must also take great care to maintain a careful distinction 
between those organizations or states that have knowingly harbored or 
assisted terrorists, and those that have acted carelessly in providing 
unintended aid or shelter. We must punish those who have knowingly 
supported our enemy, we must strengthen the capacity of all others to 
respond appropriately. We must invite those who have unintentionally 
harbored terrorists to work with us to locate them, to eliminate them, 
to renounce them, and to begin a new era of vigilance, if they are to 
be regarded as friends of the United States.
  Our fight against a faceless, shadow enemy also raises another 
difficult dilemma, for how will we know when we have defeated this 
enemy? How can we tell whether our enemy has merely regrouped to strike 
again on another day or at another hour? There can be no peace treaty 
with such an enemy, but there must be a lasting and discernible peace. 
We should consider this in determining the frequency and duration of 
consultations between the Congress and the President over the conduct 
and status of this demanding struggle.

  We enthusiastically support our President as he prepares the response 
to this unparalleled attack. The President has two paths open to him, 
as any President would under the Constitution. On the one hand, he may 
act using his powers as Commander in Chief, while remaining subject to 
the terms of the War Powers Resolution for any sustained action. Or on 
the other hand, he may seek a declaration of war under Article I of the 
Constitution.
  If this is indeed to be a war, then the President should seek a 
declaration of war. We cannot allow our cherished Constitution to 
become a dead letter. And it should go without saying that to declare a 
war, he must identify our adversary.
  If this will be something short of a war in the broadest sense, then 
it is proper that we will pass a resolution that gives such broad 
powers to the President that he could thereby conduct a full-scale war 
across the globe without the consent of Congress. This would, as well, 
fly in the face of the structure that our Constitution sets up.
  The drafters of the War Powers Resolution sought to fulfill the 
intent of the Framers of the Constitution and to ensure that the 
collective judgment of both the Congress and the President would apply 
to the introduction of U.S. Armed Forces into hostilities.
  In today's world, when candor and cooperation between co-equal 
branches of government seem paramount, the War Powers Resolution has 
become a bit like the family relative that nobody wants to talk about. 
But we need to talk about it. Our legislative horizons need to move 
beyond the era when a President could secretly deploy thousands of 
troops in Cold War struggles outside of the view of a television 
camera.
  There is only one circumstance in which a President may act without 
statutory authorization, and that is to respond to legitimate 
emergencies. None among us doubt that we confront such an emergency 
today, and that it may grow into a sustained struggle.
  The Constitution foresaw and history has since demonstrated that 
there will continue to be events to which the President must respond in 
the defense of the country, or in response to urgent and vital 
interests abroad.
  Congress owns the war power. But by this resolution, Congress loans 
it to the President in this emergency. In so doing, we demonstrate our 
respect and confidence in both our Commander in Chief and our 
Constitution.
  Emergencies can well demand a response of such decisiveness, secrecy, 
or dispatch that can only be provided by the President as Commander in 
Chief. But even when emergencies occur, it is our tradition for the 
President to act, and then seek what has been called 
``indemnification'' from the Congress.
  In prosecuting the Korean War, President Truman decided not to do 
that in 1950. And his decision is widely viewed as the most egregious 
abuse of constitutional war powers in the history of the United States. 
President Eisenhower's more constructive working relationship with 
Congress was tempered by the Truman experience.
  Even President Johnson, the father of the Tonkin Gulf resolution, 
considered Truman to have made a serious error in failing to seek 
congressional authorization.
  As one U.S. Congressman has said: ``Allow the President to invade a 
neighboring nation, whenever he shall deem it necessary to repel an 
invasion, and you allow him to do so, whenever he may choose to say he 
deems it necessary for such purpose--and you allow him to make war at 
pleasure.''
  Those were the words of Congressman Abraham Lincoln. Years later, at 
the outbreak of the Civil War, President Lincoln himself deployed U.S. 
Armed Forces without the authorization of Congress, but later told the 
Congress that these actions, whether strictly legal or not, were 
ventured upon under what appeared to be a popular demand and public 
necessity, trusting then, as now, that Congress would readily ratify 
them.
  Thus Lincoln explicitly sought congressional approval of his 
emergency actions by statute. He never claimed to have full and 
independent constitutional support for his initiatives.
  Congressional ratification was an essential legitimating step for his 
actions. Later the Supreme Court upheld his action in the famous 1863 
prize cases.
  So, by this resolution, Congress vouchsafes the legitimacy of a 
struggle that must have the continuing approval of the representatives 
of the people. It is the framework for a continuing consensus and 
communicates support to our President in this emergency. We acknowledge 
that this legitimate emergency permits the President to act 
unilaterally without turning our back on who wields the war power under 
the Constitution, and we trust that if he does, he will turn to 
Congress to legitimize his actions as appropriate. We have made clear 
that our support for appropriate action will be forthcoming. And we 
trust that, by taking up this resolution at this time, there will be no 
need for after-the-fact measures such as indemnification, no question 
in anyone's mind about our resolve and commitment.

  I take pains to raise these issues because they matter, they go to 
the core of our Constitution and the brilliant separation of powers 
that guard our democracy. Unfortunately, there have been too many cases 
in which we have been asked to make loans of the war power in other 
than emergency situations. As many of our colleagues said during the 
1994 debate regarding Haiti, it is not enough to seek the approval of 
the U.S. Security Council or of a regional alliance like the OAS or 
NATO only then to ignore the role, the central role, of the United 
States Congress.

[[Page S9419]]

  I also recognize that power-of-the-purse legislation relating to the 
commitment of U.S. armed forces is an available remedy, but not an 
ideal model. The distinguished President Pro Tempore, Senator Byrd, in 
testimony before the Foreign Relations Committee in February 1994, 
likened the power of the purse to a watering hole in the forest to 
which all the animals eventually must come to drink. I agree with the 
distinguished President Pro Tempore's characterization; the power of 
the purse is an excellent and effective tool in most matters for which 
we appropriate public funds.
  But I worry, nonetheless, about how close we would come to a 
constitutional crisis if we were to rely on such measures as a last 
resort in a war powers struggle with the President. In a way, it 
illustrates our level of urgency about preserving our constitutional 
war power responsibilities, and they risk infringement upon the 
President's equally valid constitutional responsibilities as Commander 
in Chief.
  The War Powers Resolution is as relevant today as it was enacted in 
1973.
  It is all too apparent that the post-Cold War environment has ushered 
in an era of threats unforeseen by the founders. These threats 
reinforce the need for the Congress to make its will known when our 
troops are to be deployed in potentially dangerous situations.
  While I believe that the heinous acts perpetrated against the United 
States by still-unidentified terrorists on September 11, 2001, could 
justify U.S. and allied military action, I believe that any such 
actions, if they are to be sustained, must be properly authorized by 
the Congress.
  Since coming to the Senate in 1993, I have encouraged discussion and 
vigorous congressional debate regarding the situations in Haiti, 
Bosnia, and Kosovo because of my conviction that Congress has both a 
right and a duty to express its will about the wisdom of committing our 
troops to a potential conflict. Many of these instances were not 
adequately considered and did not follow an appropriate Congressional 
authorization.
  That same conviction makes it essential that the Congress should make 
its will known. We must not abdicate our responsibility to the victims 
of September 11, and to the mothers and fathers, the sons and 
daughters, the wives and husbands of our servicemen and women, who for 
us will be the point of the sword of justice.
  Moreover, abiding by the constitutional and statutory scheme in this 
case is not only the right thing to do as a matter of law, but it is 
also the most effective thing to do. Because it follows the 
constitutionally and statutorily prescribed procedures, this resolution 
will strengthen our nation's efforts. Our careful and deliberate acts 
in this Congress are the manifestation of the will of the American 
people, and we will marshal that mighty force behind our President and 
our military. When we abide by our Constitution and our law, we are as 
strong as we possibly can be, and we are far stronger than the 
malevolent force that we soon will engage.
  Mr. KYL. Mr. President, I rise today in full support of S.J. Res. 23, 
authorizing the use of the U.S. Armed Forces against those responsible 
for the recent attacks launched against the United States.
  As the President and many of my colleagues have asserted since the 
heinous acts of Tuesday past, we are at war. In fact, we have actually 
been at war against terrorists for a long time, but seldom has it 
touched our shores. The time has come for us, and for our allies, to 
act with all appropriate force to remove the threat of similar acts 
occurring on our soil, or the soil of other free nations.
  As the President has stated, America is the primary target because we 
are the shining beacon of freedom and democracy. In recent days, our 
allies have recommitted themselves to the support of those ideals, and 
they have pledged their support for the actions that must be taken in 
response to the murderous crimes of September 11.
  With so much of the world behind us, there will never be a better 
time for us to make a concerted effort to rid outselves of the threat 
of terrorism. Today we have put partisan politics behind us and created 
a joint resolution that authorizes the President to use ``all necessary 
and appropriate force'' against the terrorists who perpetrated these 
acts and the countries of organizations that supported, aided and 
harbored them.
  We stand united in our resolve to take whatever actions are deemed 
necessary by the President to defeat the enemy--terrorism.
  Ms. SNOWE. Mr. President, I rise in support of the joint resolution 
authorizing the use of U.S. Armed Forces against those responsible for 
the recent act of war against this Nation, to deter future attacks, and 
to disable the machinery of terror.
  With the end of the cold war came the hope of even greater prosperity 
and freedom for people the world over. That promise has been threatened 
and attacked in the most vicious and monstrous assault on American soil 
ever. But make no mistake, it has not been squelched. The forces of 
evil have had their day. Now, we will have ours.
  It is no exaggeration to say that this is a defining moment not only 
for the United States, but for the principles and ideals for which it 
stands. It comes down to this: Either you stand with those principles 
and ideals, or you stand against them. Unlike almost any other issue we 
debate on this floor, this matter is that simple.
  Either we move to crush those who disregard human life on a massive 
scale, or we surrender humanity to the hands of madmen. Either we send 
the message that the world will not be a hostage to terror, or we 
submit to an infinite cycle of hopeless victimization. That is our 
choice. It is that simple.
  But just because the choice is simple does not mean the decision is 
easy. To the contrary, there is nothing more difficult than committing 
our troops to a dangerous mission. While we do not yet know what form 
that mission will be, we know it will require tremendous sacrifice. 
This is the one vote that not a single one of us ever wants to make, 
but now we must make.
  I well remember being in the White House in January of 1991, at a 
meeting in the Cabinet room to discuss the use of force in the Persian 
Gulf. During the meeting, the President excused himself to take a call 
from the Secretary of State on the progress of the talks with the Iraqi 
foreign minister. When he returned, the look on his face told me the 
talks had failed. Force would have to be used. I will never forget that 
moment. I will never forget this moment--none of us will.
  Winston Churchill, in preparing his nation for the full onslaught of 
the Axis blitzkrieg, told his fellow countrymen, ``Let us therefore 
brace ourselves to our duty.'' All of us--here in Washington and 
throughout the country--must brace ourselves for the duty before us. 
There will be days of triumph, and days of tears. But in the end, we 
know that our cause is just, and we know we will prevail.
  Whoever is responsible for this heinous act against humanity must 
know the full force of our fury. How tragic it is that we must return 
suffering for suffering, but we know from the history of human 
experience that it is a price we must be prepared to pay in defense of 
liberty. Sadly, from all we know of these faceless cowards, it is the 
only dialogue they and others like them understand. For them, the 
language of violence is the only language they speak. For them, the 
taking of life is the apex of human expression.

  That is not the world I want for us. That is not the world I want for 
our children. Terrorism is quite literally a cancer in the body 
politick, elusive by its nature, insidious in its stealth, and 
requiring the most early detection and eradication possible. And that 
is what we intend to do. Either that, or terrorism will destroy the 
rule of law from the inside out, along with the basic tenets by which 
we are able to live together and thrive and enjoy ``life, liberty and 
the pursuit of happiness'' in a civilized society.
  We must remember that this unprovoked attack was on soil that is 
American, against ideals that are global. Indeed, two of the very 
targets themselves, the twin towers of the World Trade Center, were 
international buildings rooted in U.S. ground. The lives that were 
lost--American, Australian, British, and countless others--are in a way 
symbolic of the freedom that was lost not only in the United States, 
but in countless nations across every hemisphere of the globe.

[[Page S9420]]

  So while we may lead the charge, we do not stand alone. The North 
Atlantic Treaty Organization to which we have pledged our unyielding 
support, as well as many other nations beyond those we might consider 
our traditional and closest allies, will now be there in support of our 
mission, a mission that ultimately is larger than any one Republic, any 
one people.
  In this particular instance, right now, we know not against whom we 
aim. For that reason, it is all the more important we give the 
President broad latitude to take whatever action is necessary to punish 
the perpetrators and help ensure that such a catastrophe never 
reoccurs. This Joint Resolution grants the President discretion in 
destroying the soul of whatever organization has jabbed at the heart of 
democracy. It is a resolution born of necessity, and rooted in 
precedent.
  In 1962, when Cuba posed the threat of spreading communism and 
endangering the security of the United States, Congress approved a 
joint resolution stating that the United States will use force if 
necessary to halt the spread of communism in this hemisphere. The 
resolution declared that the United States was determined to prevent, 
by whatever means necessary, including the use of arms, the Marxist 
Leninist regime in Cuba from extending, by force or the threat of 
force, its aggressive or subversive activities to any part of this 
hemisphere, and to prevent in Cuba the creation or use of an externally 
supported military capability endangering the security of the United 
States.
  On January 12, 1991, in the wake of the Iraqi invasion of Kuwait, 
both houses of Congress passed the ``Authorization for Use of Military 
Force Against Iraq Resolution'', which I supported. The resolution 
authorized the President to use the U.S. Armed Forces pursuant to U.N. 
Security Council Resolution 678 to achieve implementation of the 
earlier Security Council resolutions calling for the repulsion of Iraq 
from Kuwait.
  On January 16, former President Bush made the determination required 
by the Resolution that diplomatic means had not and would not compel 
Iraq to withdraw from Kuwait. On January 18, he reported to Congress 
``consistent with the War Powers Resolution'' that he had directed U.S. 
forces to commence combat operations.
  Now, we are faced with the bloodiest attack ever on American soil, 
the first of this magnitude in this history of the continental United 
States. This resolution states that the President is ``authorized to 
use all necessary and appropriate force against those nations, 
organizations, or persons he determines planned, authorized, committed, 
or aided the terrorist attacks that occurred on September 11, or 
harbored such organization or persons, in order to prevent any future 
acts of international terrorism against the United States by such 
nations, organizations or persons.''
  This resolution, consistent with the War Powers Resolution, is 
precisely the right course for the Congress to take at this momentous 
juncture in American history. Our thoughts and prayers are with all the 
men and women of our Armed Services, who will be at the vanguard of our 
struggle against whatever evil force has darkened the world.
  We cannot allow these forces of darkness to take root in the fertile 
soil of this new century. Rather, the time has come to eradicate terror 
at its roots. We have no choice if we are to remain the authors of our 
own destiny, a destiny that has no room for those who would shackle 
freedom with the twin specters of fear and violence. It is time to 
unleash the full resources and force and determination of this great 
nation against this unimaginable evil. This atrocity cannot stand, and 
let history one day record that it did not stand.
  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.

[[Page S9421]]

  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

  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the joint resolution.
  The joint resolution was ordered to be engrossed for a third reading 
and was read the third time.
  The PRESIDING OFFICER. The joint resolution having been read the 
third time, the question is, Shall it pass?
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Idaho (Mr. Craig) and 
the Senator from North Carolina (Mr. Helms) are necessarily absent.
  I further announce that if present and voting the Senator from North 
Carolina (Mr. Helms) would vote ``yea.''
  The PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 98, nays 0, as follows:

                      [Rollcall Vote No. 281 Leg.]

                                YEAS--98

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--2

       Craig
     Helms
       
  The joint resolution (S.J. Res. 23) was passed.
  The preamble was agreed to.
  The joint resolution, with its preamble, reads as follows:

                              S.J. Res. 23

       Whereas, on September 11, 2001, acts of treacherous 
     violence were committed against the United States and its 
     citizens; and
       Whereas, such acts render it both necessary and appropriate 
     that the United States exercise its rights to self-defense 
     and to protect United States citizens both at home and 
     abroad, and
       Whereas, in light of the threat to the national security 
     and foreign policy of the United States posed by these grave 
     acts of violence, and
       Whereas, such acts continue to pose an unusual and 
     extraordinary threat to the national security and foreign 
     policy of the United States,
       Whereas, the President has authority under the Constitution 
     to take action to deter and prevent acts of international 
     terrorism against the United States.
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This joint resolution may be cited as the ``Authorization 
     for Use of Military Force''.

     SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

       (a) That the President is authorized to use all necessary 
     and appropriate force against those nations, organizations, 
     or persons he determines planned, authorized, committed, or 
     aided the terrorist attacks that occurred on September 11, 
     2001, or harbored such organizations or persons, in order to 
     prevent any future acts of international terrorism against 
     the United States by such nations, organizations or persons.
       (b) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution, the Congress 
     declares that this section is intended to constitute specific 
     statutory authorization within the meaning of section 5(b) of 
     the War Powers Resolution.
       (2) Applicability of other requirements.--Nothing in this 
     resolution supersedes any requirement of the War Powers 
     Resolution.


                           three in 29 years

  Mr. HELMS. Mr. President, as of today, during my nearly 29 years in 
the Senate, I have missed a total of three votes because of ``traffic 
jams.'' The first was during my 4th year in the Senate. The other two 
occurred this morning when I was unable to get to the Senate Chamber in 
time to cast my affirmative votes for H.R. 2888 and S.J. Res. 23, both 
of which were approved without a dissenting vote.
  Needless to say, I deeply regret I was unable to reach the Senate 
Chamber in time to vote for the two critical measures approved by the 
Senate today.
  The enormity of Tuesday's terrorist attacks is proving more apparent 
every day. It is obvious that the lives of all Americans have changed 
as a result of these heinous crimes against the United States and, 
indeed, all civilization.
  Needless to say, I strongly support the Senate's giving President 
Bush the authority to root out and destroy the heinous terrorists 
responsible for such brutality and also, of course, the governments 
harboring them. Needless to say, I support the necessary funding to 
enable the President to begin this solemn responsibility. I commend the 
Senate, of course, for its responsible and appropriate actions to 
provide sufficient funding to help the recovery effort in New York, 
Washington, D.C. and elsewhere.
  This is only the beginning of the resources Congress must provide to 
eradicate the terrorists that perpetrated such horrific violence 
against America and the American people.
  Mrs. Helms and I join our fellow Americans in mourning the victims 
and praying for their loved ones, and we also share the resolve to 
fight terrorism in any form, by any available means, unless and until 
we are confident that America will never again have a day like Tuesday, 
September 11, 2001.

                          ____________________