E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, FRIDAY, OCTOBER 12, 2001 No. 137 Senate The Senate was not in session today. Its next meeting will be held on Monday, October 15, 2001, at 3:30 p.m. House of Representatives FRIDAY, OCTOBER 12, 2001

The House met at 9 a.m. and was world. Your Word is heard and we are PLEDGING SUPPORT FOR ISRAEL called to order by the Speaker pro tem- brought to new life and a new aware- (Mr. PENCE asked and was given per- pore (Mr. LAHOOD). ness. In You our cause will remain mission to address the House for 1 f right, our ways just. In You anger is minute and to revise and extend his re- transformed to commitment. Confessed marks.) DESIGNATION OF THE SPEAKER vulnerability forms solidarity. In the PRO TEMPORE Mr. PENCE. Mr. Speaker, I rise today depths of new found freedom, You lead in the wake of disturbing reports. The SPEAKER pro tempore laid be- us to greater creativity. First, the Associated Press reported in fore the House the following commu- Your Spirit within us strengthens us newspapers around America yesterday nication from the Speaker: for the task ahead. You alone can take that the State Department is preparing WASHINGTON, DC, the diversity of our opinions, our tech- to pressure our friends in Israel to October 12, 2001. nology, our military, our willingness, make territorial concessions including I hereby appoint the Honorable RAY and our alert and bring forth goodness yielding part of Jerusalem to the es- LAHOOD to act as Speaker pro tempore on upon the Earth and equal justice for this day. tablishment of a Palestinian state. all. This morning in Israel there are re- J. DENNIS HASTERT, To You and You alone be glory, Speaker of the House of Representatives. ports that 2 weeks prior to the attacks honor and power both now and forever. f on the United States of America there Amen. was an agreement signed by the State PRAYER f Department and the administration of The Chaplain, the Reverend Daniel P. Saudi Arabia to do just that, pressing Coughlin, offered the following prayer: THE JOURNAL Israel back to its pre-1967 borders. Mr. Speaker, I stand today to urge Lord of history and Guide of nations. The SPEAKER pro tempore. The the administration and the State De- Yesterday, Members of this House Chair has examined the Journal of the partment to clarify the unqualified gathered for a memorial service at the last day’s proceedings and announces support of the United States of Amer- Pentagon, that 5-pointed star of shin- to the House his approval thereof. ica for Jerusalem as the inviolate and ing military power. Pursuant to clause 1, rule I, the Jour- eternal capital of Israel; and that the There, moved not by force or might nal stands approved. of Earthly making, You touched the United States of America, Christians Nation by the sincerity of prayer and f and Jews and all of Americans stand the revelation of Your silent Spirit for the territorial integrity of Israel working within us. PLEDGE OF ALLEGIANCE and so should this Congress. As we saw new resolve in the unified The SPEAKER pro tempore. Will the f precision of united human forces and gentleman from New York (Mr. REY- we heard the call raised in the song of SUPPORT FOR THE PATRIOT ANTI- NOLDS) come forward and lead the TERRORISM BILL true freedom, we know it is You who House in the Pledge of Allegiance. strengthen us, as we prayed for our Mr. REYNOLDS led the Pledge of Al- (Mr. KELLER asked and was given fallen brothers and sisters of differing legiance as follows: permission to address the House for 1 age, race, creed, language, and ethnic I pledge allegiance to the Flag of the minute.) background. United States of America, and to the Repub- Mr. KELLER. Mr. Speaker, I rise Lord our God, You take our diversity lic for which it stands, one nation under God, today as a supporter and original co- and bring about greater unity in this indivisible, with liberty and justice for all. sponsor of the PATRIOT anti-terrorism

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H6705

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VerDate 13-OCT-2001 03:28 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.000 pfrm01 PsN: H12PT1 H6706 CONGRESSIONAL RECORD — HOUSE October 12, 2001 bill. Recently, President Bush told our sider a report from the Committee on Rules this. While we believe the President Nation that our citizens should take on the same day it is presented to the House should have the tools he needs to fight their families on a vacation to Disney is waived with respect to any resolution re- this war against terrorism, we cannot World in Orlando, Florida. I have the ported on the legislative day of Friday, Octo- give up the role of Congress in doing ber 12, 2001, providing for consideration or happy privilege of representing Or- disposition of the bill (H.R. 2975) to combat so. lando. terrorism, and for other purposes. The majority has usurped a commit- Since we have a tourism-based econ- The SPEAKER pro tempore. The gen- tee’s jurisdiction and has therefore set omy, my district has been uniquely back the hard-won bipartisan efforts of tleman from Georgia (Mr. LINDER) is hurt by the tragic acts of September recognized for 1 hour. a committee not known for working in 11. Specifically, because so many peo- Mr. LINDER. Mr. Speaker, for the such a collegial and bipartisan manner. ple have been afraid to fly, theme park purpose of debate only, I yield the cus- Both Chairman SENSENBRENNER and workers, convention workers, hotel tomary 30 minutes to the gentlewoman Ranking Member CONYERS presented to workers, and cab drivers have lost from New York (Ms. SLAUGHTER), pend- the House a fair and balanced package their jobs. ing which I yield myself such time as I designed to give the administration It is critical to the people of Orlando may consume. During consideration of what it needs to ferret out the terror- that we pass this anti-terrorism bill to this resolution, all time yielded is for ists among us, and they are to be com- give our citizens a sense of confidence the purpose of debate only. mended. But to undo their work is un- and security that our skies and coun- Mr. Speaker, H. Res. 263 waives fair and unbalanced. try are going to be safer. This anti-ter- clause 6(a) of rule XIII, which requires Mr. Speaker, I reserve the balance of rorism bill which passed the Com- a two-thirds vote to consider a rule on my time. mittee on the Judiciary unanimously the same day it is reported from the Mr. LINDER. Mr. Speaker, I reserve deserves our support. It is a powerful Committee on Rules. the balance of my time. piece of crime-fighting legislation. It This waiver will be applied to a spe- Ms. SLAUGHTER. Mr. Speaker, I gives FBI additional tools to go after cial rule reported on the legislative yield such time as he may consume to terrorists. It creates criminal penalties day of Friday October 12, 2001, pro- the gentleman from Pennsylvania (Mr. for people who harbor terrorists, and at viding for the consideration or disposi- MURTHA). the same time it respects the civil lib- tion of the bill, H.R. 2975, to combat Mr. MURTHA. Mr. Speaker, I wonder erties of our citizens. terrorism and for other purposes. if I could ask the gentleman from Geor- I urge my colleagues to vote ‘‘yes’’ I urge my colleagues to support the gia a few questions here. I have not on the PATRIOT anti-terrorism bill. passage of this rule which will enable seen a copy of the bill, and nobody on f the House of Representatives to debate this side has been able to explain to me what is in the bill. I know in an hour RECESS and consider the President’s antiterrorism package later today. that it would be very difficult to ex- The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of plain the intricacies of a terrorism bill ant to clause 12 of rule I, the Chair de- my time. which would last for some period of clares the House in recess subject to Ms. SLAUGHTER. Mr. Speaker, I time. the call of the Chair. yield myself such time as I may con- Could you tell me the difference be- Accordingly (at 9 o’clock and 7 min- sume. tween the bill that the Committee on utes a.m.), the House stood in recess Mr. Speaker, the Committee on Rules the Judiciary reported out and this subject to the call of the Chair. met at 8 o’clock this morning to begin particular bill that we are talking f taking testimony on the antiterrorism about here? legislation. While the Committee on Mr. LINDER. Mr. Speaker, will the b 1100 the Judiciary had reported a truly bi- gentleman yield? AFTER RECESS partisan bill by a vote of 36–0, which is Mr. MURTHA. I yield to the gen- The recess having expired, the House somewhat miraculous, 2 weeks ago, we tleman from Georgia. was called to order by the Speaker pro were not informed until 7 o’clock this Mr. LINDER. Mr. Speaker, both the tempore (Mr. LAHOOD) at 11 a.m. morning that we would be taking testi- Senate and the House took up, at the f mony on a new bill, the content of beginning, a base bill proposed by the which the Committee on Rules had not administration. Both the Senate and REPORT ON RESOLUTION PRO- seen nor apparently had the members the House added provisions to the bill. VIDING FOR CONSIDERATION OF of the Committee on the Judiciary. In the compromise last night with the H.R. 2975, PROVIDE APPROPRIATE We now have under consideration a Senate, both took the most egregious TOOLS REQUIRED TO INTERCEPT rule which waives the two-thirds same provisions out. The ones that con- AND OBSTRUCT TERRORISM (PA- day consideration requirement be- cerned me the most were the Senate TRIOT) ACT OF 2001 cause, during the night, a bipartisan bill at one point had reversed the Mr. LINDER, from the Committee on bill was turned into a bill which most McDade law. That has been taken back Rules, submitted a privileged report Democratic members of the Committee out. The Senate provisions had re- (Rept. No. 107–238) on the resolution (H. on the Judiciary cannot support. We versed our efforts of several years by Res. 264) providing for consideration of are considering this waiver of the two- the gentleman from Illinois (Mr. HYDE) the bill (H.R. 2975) to combat ter- thirds consideration rule because so to change the forfeiture laws. That has rorism, and for other purposes, which many Members understand the grave been removed. So we have pretty much was referred to the House Calendar and and long-lasting ramifications of this the beginnings of the House bill here ordered to be printed. legislation. This legislation is so far stripped down from the additions. I f reaching that they felt it necessary to have not read them. I have asked for come to the Committee on Rules ear- explanations. That is the best I can do. WAIVING REQUIREMENT OF lier this morning to offer amendments Mr. MURTHA. I thank the gen- CLAUSE 6(a) OF RULE XIII WITH to the new bill or to simply sit and try tleman. RESPECT TO CONSIDERATION OF to get an explanation of what is actu- Mr. LINDER. Also, the Senate had no CERTAIN RESOLUTIONS ally contained in it. provision for sunsetting or review. The Mr. LINDER. Mr. Speaker, by direc- Democratic Members of the Com- House provisions had a 2-year plus 3- tion of the Committee on Rules, I call mittee on Rules will not oppose this year, so about a 5-year provision for up House Resolution 263 and ask for its rule, but we will oppose the rule re- sunsetting. immediate consideration. ported a few minutes ago to provide for Mr. MURTHA. Could I ask the gen- The Clerk read the resolution, as fol- the consideration of the new bill. We tleman, and he may not be able to an- lows: will oppose that rule because of the swer this question, but could we not H. RES. 263 process and because we strongly be- have gone to conference since the other Resolved, That the requirement of clause lieve it is important to maintain bipar- bill was reported out unanimously? I 6(a) of rule XIII for a two-thirds vote to con- tisan cooperation in matters such as just wonder, is there some reason that

VerDate 13-OCT-2001 03:28 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.003 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6707 we felt like we had to take up the Sen- review and to question. When I posed and hopefully will be passed, but also ate version of the bill? Were there questions to members of the Com- really in terms of the underlying base enough changes in your estimation mittee on the Judiciary just a few mo- bill and supporting the underlying base that it warranted taking up the Senate ments ago to ask them what was in the bill that will be introduced. version amended? package and what was not in the pack- This bill is very much different than Mr. LINDER. I think the decision age that we would be taking up short- the bill that passed out of the Com- was made to prevent a conference so ly, they were unaware of it, had not mittee on the Judiciary. The Com- the President could get access to this been briefed on it, had not seen any ac- mittee on the Judiciary bill, I think, bill as quickly as possible. The Senate tual language. was really a major problem. The Judi- is out for the weekend. I would be The concern that I have is that they ciary bill had some very, very specific happy to sit down and chat with the were able to fashion a 36–0 report in a problems and was really a nonacknowl- gentleman in just a moment. committee that tended to be fairly di- edgment of the situation that we find Mr. MURTHA. I thank the gen- vided over a good number of votes a ourselves in in the United States of tleman. good number of years that I have been America today. Ms. SLAUGHTER. Mr. Speaker, I here and for them to all come together I have the same perspective that the yield myself such time as I may con- like that and recognize that they must President of the United States does and sume. do something, they must make sure I believe the vast majority of Ameri- I would like to read into the RECORD that security measures are passed and cans do, that we, in fact, are at war. We in just a moment a statement by the surveillances are increased and the de- are at war with an enemy that has at- gentleman from Michigan (Mr. CON- grees in terms of security and pre- tacked this country with horrific re- YERS) who is the ranking minority venting accidents, or terrorism attacks sults, 6,000 people dying in an instance member in answer to the gentleman from occurring in the future we must at the World Trade Center, the Pen- from Pennsylvania’s question: prevent. But at the same time to make tagon being attacked as well. But as we ‘‘What we have before us is a tale of sure that there was a sunset provision, also know, these are an enemy that al- two bills. One bill was crafted by the so that we knew that it was not going most for sure has biological and chem- standing committee of the House. The to last forever. ical weapons available. It is unclear other was crafted by the Attorney Gen- Those are things that are of a great whether or not they have nuclear eral and the President. One bill is lim- deal of concern to many people, not weapons, but it is only a matter of ited in scope and sunsets after this cri- just the people who I represent in the time before they do. And the only sis will have passed. The other bill is a State of Maine but, I am sure, through- thing that is preventing their delivery power grab by prosecutors that can be out the country. I think we should of those biological and chemical weap- used not just in terrorism cases but in carefully deliberate before we start to ons are a lack of a delivery system. drug cases and gun cases. This adminis- allow ourselves to go down a track So what we are faced with at this tration bill would last for the remain- which will give evidence to the terror- point in time is literally the poten- der of the President’s term of office, ists that they have won because they tiality of not thousands, as horrific as long after the bombing stops and the have changed the way that we do oper- that is, but literally millions if not terrorists are brought to justice. ate. I thought the message was that we tens of millions of Americans whose ‘‘We must all rally around the flag at had to get back to work, we had to get lives could end in an instance. a time like this, but we also shouldn’t back to school, we had to get back in b 1115 take leave of our senses. Benjamin our communities and show them that Franklin said it best: ‘They that can we were much stronger than they had Now, in the specifics of the Com- give up essential liberty to obtain a lit- expected, we were much more united mittee on the Judiciary bill in the area tle temporary safety deserve neither than they thought they would be able of terrorism, the committee, I think, liberty nor safety.’’’ to fractionalize and to divide us up and made several major mistakes, includ- Mr. Speaker, I yield 3 minutes to the that we are stronger as a country. ing not allowing the use of classified gentleman from Maine (Mr. BALDACCI). I have met so many young people material for cases where property Mr. BALDACCI. I thank the gentle- that have told me that Tom Brokaw is could be seized. woman for yielding time. going to have to write a new book Ms. SLAUGHTER. Mr. Speaker, I Mr. Speaker, I would like to follow about this generation because he felt yield 3 minutes to the gentleman from along in terms of the comments that that his generation was going to be the Oregon (Mr. DEFAZIO). the gentleman from Pennsylvania had greatest generation. There is a lot of Mr. DEFAZIO. Mr. Speaker, I thank put forward. pride and support and patriotism in our the gentlewoman for yielding, and I In the aftermath of the September 11 country. I am very impressed by the thank the majority for providing me a terrorist attacks, Congress acted unity of this Congress and in the way copy of the bill. This is still warm. It quickly to pass measures requested by the committees have been able to oper- just came off the Xerox machine. the administration to address the im- ate on the House side and would like to This is not the bill that was adopted mediate and long-term security, recov- see that continued. I think that this is by a unanimous 36 vote of Democrats ery, and financial needs of the country. going to present a major impediment and Republicans on the Committee on On September 14, the House and Senate in terms of our future being able to the Judiciary. These are critical issues. passed, by near-unanimous votes, a $40 work together in the interest of these This is what we are fighting for. These billion emergency supplemental appro- issues. are our civil liberties. priations package for antiterrorism I would encourage the majority, if We need to give law enforcement the initiatives and disaster recovery and a they have a way of being able to give proper tools, yes, we do; and we need to joint resolution authorizing the use of us the deliberation on this matter, be strengthen laws where they need to be force against those responsible for able to have the discussions on this strengthened and give them more effec- planning and carrying out the Sep- matter, and then be able to expedite on tive tools. But we also have to be care- tember 11 attacks. The House passed a this matter, I think will bode well for ful that we do not dredge up some of $15 billion airline bailout package by a the way that we deal with this and the the worst ideas of the past, of the fif- vote of 356–54. The Senate then quickly way history judges the way we dealt ties, of the McCarthy era, of the Hoo- passed the measure by voice vote to with this because of the importance of ver era. clear it for the President. our individual rights and civil liberties There could be problems. I do not This antiterrorism package has met which is the foundation of this coun- know. I just asked a Member of the with greater congressional resistance try, the land of opportunity. Committee on the Judiciary who voted and concern. The measures being en- Ms. SLAUGHTER. Mr. Speaker, I for the bill in committee, a unanimous acted here have decidedly much more yield 2 minutes to the gentleman from vote, a bipartisan vote, agreed upon of an impact on individual rights and Florida (Mr. DEUTSCH). the tools we needed with the limits we civil liberties and with no particular Mr. DEUTSCH. Mr. Speaker, I am needed to protect our precious civil lib- document in front of us with which to speaking on the rule, which I support erties, what is in the bill. He said, who

VerDate 13-OCT-2001 03:28 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.006 pfrm01 PsN: H12PT1 H6708 CONGRESSIONAL RECORD — HOUSE October 12, 2001 could know what is in this? It was just weapons of mass destruction available law schools and the civil liberties peo- handed to him. today, that we literally are talking ple and others and let them read it and We are going to be required to vote about national security issues and we let them give us their comments so we on it in the next few hours. Why? Will are weighing it, I ask my colleagues to vote in an informed manner, and so these laws go into effect this weekend look at specifics, look at the specifics that we can offer amendments on the and make a difference in protecting in the bill. floor and have a well-crafted bill that people and making them more safe? Another provision that the Com- protects us against terrorism, but also No. We could be taking up an aviation mittee on the Judiciary eliminated was does not do violence to our civil lib- security bill. We have not done a damn the ability for non-American citizens erties. thing on aviation security in the House or resident aliens, for law enforcement But, no, we are told, we must rush of Representatives since this incident. to get education records for those peo- right now, we must have this marshal The Senate acted unanimously yester- ple. As we know, many of those people law resolution to enable us to vote be- day. We are being prevented from came to the United States specifically fore anybody can read the bill. Why? bringing forward a bill by a minority of theoretically under their visa applica- Some people would say because if we the majority who is so set against tions for that. But the Committee on read the bill, there are those who are more Federal employees that they do the Judiciary bill provides none of afraid we would not pass it. I am not not want to do the right thing on that. that cynical. But because the President screening, and they do not care about Let me read you something specific is pushing us, we have got to pass it all the other issues in aviation security again in the Committee on the Judici- right away. The times demand it. that are even bigger than screening. ary bill. This only applies to terrorists. Well, why did we not take up the We are being prevented from doing In order to prosecute someone, the committee bill on the House floor ear- that, while this bill, still warm in my standard that the Committee on the lier this week? We could have passed hand, is being rushed forward. I do not Judiciary put in: ‘‘has committed or is that bill and gone to conference with know what is in it. I am not a lawyer. about to commit a terrorist act.’’ Has the Senate and had a full bill, a con- I go to my friends on the Committee on committed. ference report, ready to adopt today or the Judiciary who are lawyers who Now, the bill that is in front of us I Monday, properly considered. helped craft a unanimous vote in the think has a much more reasonable pro- To vote on a bill that may do vio- committee on this bill and ask them vision, which I believe if my colleagues lence to our liberties, and it has to be what is in it, and they said we cannot read this, a vast majority of my col- very carefully balanced, to ask the tell you; we do not know. Our copies leagues on the floor will support and Members of this House to vote on a bill are still warm in our hands too. the vast majority of the American peo- that may do violence to our liberties, This is not the way to defend liberty ple will support: ‘‘reasonable grounds that may go way beyond what we need and fight terrorism. I fear that this to believe that the person being har- to legitimately combat terrorism, is an bill, since I do not know what is in it, bored will commit a terrorist act.’’ insult to every Member of this House, could be the Gulf of Tonkin Resolution These are dramatically different it is an insult to the American people, for civil liberties, rather than the tools standards, standards which, again, I be- it should not be permitted; and I am our law enforcement agencies really lieve the vast majority of Americans asking to have a ‘‘no’’ vote on this need. would support. marshal law rule and the regular rule I would urge the majority to with- Ms. SLAUGHTER. Mr. Speaker, I because we are being stampeded into draw this marshal law resolution, with- yield 4 minutes to the gentleman from doing something we may very well live draw this bill, give us a weekend to New York (Mr. NADLER). to regret and that history tells us we read it, and let us take it up Monday (Mr. NADLER asked and was given will regret. morning. Hey, I will come in and vote permission to revise and extend his re- Mr. LINDER. Mr. Speaker, I yield 2 at 7 o’clock on Monday morning, if it is marks.) minutes to the gentleman from Florida that urgent, or we can vote on Sunday. Mr. NADLER. Mr. Speaker, I thank (Mr. WELDON). Give us at least a day to read it and un- the gentlewoman for yielding me time. Mr. WELDON of Florida. Mr. Speak- derstand what we are voting on. Mr. Speaker, this is a very dangerous er, I thank the gentleman for yielding Mr. LINDER. Mr. Speaker, I yield 2 time we are in today. It is dangerous me time. I rise in support of the rule, minutes to the gentleman from Florida for two reasons: our country is at war, and I rise in support of the underlying (Mr. DEUTSCH), so he can complete his and we face danger from enemy action. bill. comments. We also face danger from our own ac- For those who claim that they need Mr. DEUTSCH. Mr. Speaker, I really tion. The history of this country is more time to read this, this is basically appreciate that courtesy. that in most of our wars in this cen- the same product that the President Let me mention to my good friend tury, we have taken actions against sent over requesting several weeks ago. from Oregon, the bill has been avail- our liberties that we have regretted It has been analyzed and reanalyzed. able in its present form since 8 o’clock and apologized for later. I refer to the And to contend that we need to reana- this morning. I have had a chance to Espionage Act of 1917, which no one lyze this further I think is disingen- review it, staff has had a chance to re- will today defend, the Japanese intern- uous. We have a very serious problem view it. But in substance, this is the ment of World War II, the in this country. There are terrorists in same bill that the Senate passed last COINTELPRO operations of Vietnam, our country, right now. They have night. It is the same bill that has been and today we are asked to buy a pig in come over here in many instances available for several weeks now. These a poke. Why a pig in a poke? A 187-page fraudulently, on student visas or other issues are not new issues. Again, I sup- bill, hot off the press, that we have not types of visas; and their intent is to do port the efforts to take this bill up had a chance to read or analyze. us harm right here in the country. under this rule at this time. I am a member of the Committee on There are people sympathetic to the I was going through a list of provi- the Judiciary. I voted for a terrorism terrorists who raise money in this sions in this bill that the Committee bill with strong provisions that I country to support terrorist activities. on the Judiciary passed out. Again, it thought was balanced and reasonable Essentially all of these people are peo- was a unanimous vote, but sometimes and protective of civil liberties, as well ple from these countries in the Middle unanimity can be the lowest common as giving the Government the tools it East who are either terrorists them- denominator, not the highest common needs to deal with terrorism. But, no, selves or sympathetic, and they take denominator. that bill does not come up. advantage of the liberties that we have I specifically talked about one provi- Why did it not come up? We are told in this country in order to do us harm. sion, again, dealing just with ter- we have to vote on this bill right away. I believe that this bill is a very care- rorism. Again, if you do not accept my We cannot wait until next Tuesday. We fully crafted bill. For example, there is premise that we are at war, or the ought to wait until Tuesday. We ought a lot of concern about grand jury se- President’s premise, if you do not ac- to have a chance to analyze this bill crecy. In order for a prosecutor to cept the fact that these people have over the weekend, to send it out to the share with CIA or FBI the grand jury

VerDate 13-OCT-2001 03:40 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.009 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6709 secrecy content, it has to pertain to a anti-terrorist law in 1996 that gives participate in that, we would raise the terrorist action. They cannot just him some of that, which has more standards somewhat, and with the H1– blithely share information with CIA, power in it than the one we are going B visas, which we are very fond of here, unless it has some bearing on the ac- to consider here today or next week. which are basically for the higher tech tivities of these terrorists. Further- Mr. Speaker, I urge my colleagues to community, when people come into more, there is a provision in the bill reject the rule that would expedite this country and they do not come to that if there is any inappropriate infor- bringing this bill to the floor. work at that particular company, they would have an obligation to report that mation that is shared, that the citizen b 1130 could pursue recourse in the courts. as well. The long and short of it is I think Mr. LINDER. Mr. Speaker, I yield 3 We need to get a much better handle this bill is badly needed. I think it is minutes to the gentleman from Dela- on what is going on in the United something the American people will ware (Mr. CASTLE). States of America with people visiting support. Most of the people in my con- Mr. CASTLE. Mr. Speaker, I thank our borders. We are a free country; we gressional district are prepared to see the gentleman for yielding me time. are an open country. I do not think some of our civil liberties modified in Mr. Speaker, I would like to address what happened on September 11 is order to enable us to better or effec- a subject that is a concern of mine. I going to change that, nor should it tively fight these terrorists. will support the various rules. I think change it necessarily. But we have the I urge a ‘‘yes’’ vote on the rule and a we need to bring this legislation before right and the responsibility to know ‘‘yes’’ vote on the bill. us and support the legislation. But I exactly who is in the United States of Ms. SLAUGHTER. Mr. Speaker, I went before the Committee on Rules America. Are they here legally in the yield 3 minutes to the gentleman from and have otherwise talked about it, United States of America? What they Michigan (Mr. CONYERS), the ranking along with the gentleman from Arizona are doing here? And if, indeed, their member of the Committee on the Judi- (Mr. FLAKE) and the gentleman from time is up, we have the responsibility ciary. Georgia (Mr. DEAL), of the Visa Integ- to make sure that they have left the Mr. CONYERS. Mr. Speaker, I thank rity and Security Act. I also just asked United States of America and perhaps the gentlewoman for yielding me time. the gentleman from Wisconsin (Mr. in that way, we can prevent some of We have three matters up this morn- SENSENBRENNER), the chairman of the the terrorism, the problems which we ing. One is the so-called marshal law Committee on the Judiciary, a con- have had. rule that would bring the bill to the ference about it, because I assumed So obviously, I would have liked to floor right away; the second is the rule from the beginning it probably would have had it in this legislation; but I un- itself; and then there is the bill. not be included in this legislation derstand the reasons why, so I will con- Now, the previous speaker, the gen- today, and he indicated that when this tinue to support it. But I hope that this tleman from Florida, tells us we have is done, it is the issue of next impor- is something we could address soon. got to move really fast because there is tance that his Committee on the Judi- Ms. SLAUGHTER. Mr. Speaker, be- a national emergency that requires us ciary wants to address. fore I yield to the next speaker, I yield to get this bill into law before we have But if we look at the record, even of 30 seconds to the gentleman from even seen it or read it. But the fact of the individuals who were the terrorists Michigan (Mr. CONYERS) for the pur- the matter is that there are going to be who came into this country, if we pose of a colloquy. two different bills that will come be- looked at the testimony of the head of Mr. LINDER. Mr. Speaker, I yield 1 fore the House, and we are going to INS yesterday, we will find that they minute to the gentleman from Michi- gan (Mr. CONYERS). conference. So there is not any emer- do not even know where some of these Mr. CONYERS. Mr. Speaker, I thank gency whatsoever. We will not have a people came from. They have no record the gentlewoman from New York (Ms. conference until next week, and we do of them at all. In other cases they were SLAUGHTER) and the gentleman from not know how long that is going to go. dealing with expired visas, students or Georgia (Mr. LINDER) for yielding me workers who were here on expired I am not even sure which provisions time. are going to be conferenced, because visas. I see the gentleman raises a question. the Senate just passed their bill late Our whole visa system of tracking I would like to assure the gentleman last night; and the bill that the House these millions, and it is millions, of that we have a Department of Justice should have been considering, passed people who are in the United States of that makes sure it knows who is in this unanimously by the Committee on the America on visas is frankly in a state country and who is not. It is called the Judiciary, something that has not hap- of total disrepair and needs immediate Immigration and Naturalization Serv- pened before in my career on the com- addressing. Our legislation that was ice, and it has thousands and thousands mittee, has been sidelined, and we are not included today but, hopefully, will of people at both borders working the piecing together another bill. be included in the legislation that will airports. We do not need this bill to So I am making an appeal to my Re- come forward before this House in the find that out. So if that is why the gen- publican friends in the House to join next few weeks, addresses this issue. It tleman thinks we have to rush this me on at least a couple of occasions has an entry-exit tracking system through, I would like him to rest more here today. which, by the way, is in the law but we comfortably over the weekend. First of all, let us reject the martial are not enforcing now so that we will Mr. CASTLE. Mr. Speaker, will the law that will allow this bill to throw know in real-time where people are; it gentleman yield? procedure into the waste basket and provides to our consulates overseas in- Mr. CONYERS. I yield to the gen- bring the rule and the bill up right formation to the various agencies, CIA, tleman from Delaware. away. It has been said by the leader- FBI, whatever it may be, INS, various Mr. CASTLE. Mr. Speaker, I agree ship that we will be out of here by 2 lists of people who may not be desir- completely. Obviously we have that o’clock this afternoon. It is now 11:27 able in the United States of America. service, we all know about INS; but I a.m. Will somebody explain to me what It has a tracking system for students. will tell the gentleman it is dysfunc- is going to be the difference if we take Right now, they do not even have to re- tional in terms of the way it is work- this bill up after the 435 Members have port to the school, so we do not know ing. I think that is a concern that all had a chance to read some nearly 200 they are in this country, which is ex- of us have. It is not that we do not pages of it? I will yield to anybody on actly what happened in a case here. have it or do not even have somewhat that if they would like to explain that. But if they fail to arrive, it would be of a system in place, it just does not There is no reason. It feeds this reported and that information would function particularly well. I am not emergency nonsense that keeps coming go forward, their visa would be termi- talking about just the terrorists in this from the White House and the Depart- nated automatically. circumstance, I am talking about the ment of Justice, that we have got to do There is a visa waiver pilot program broad pattern of the problems that we this right away or the poor Attorney included in that, because in some coun- have with Immigration and Naturaliza- General’s hands are tied, he really can- tries, some of our closer allies, Canada, tion Service visas and all of the trans- not do anything. Well, we passed an et cetera, there are certain waivers to gressions that take place.

VerDate 13-OCT-2001 02:25 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.011 pfrm01 PsN: H12PT1 H6710 CONGRESSIONAL RECORD — HOUSE October 12, 2001 Ms. SLAUGHTER. Mr. Speaker, I vote in the Committee on the Judici- process, we will end up regretting this yield 3 minutes to the gentleman from ary was the 2-year statute of limita- on both sides of the aisle. The constitu- Virginia (Mr. SCOTT). tions which required us to quickly, ency for freedom in America is not lim- Mr. SCOTT. Mr. Speaker, I thank the with dispatch, deliberate on this issue ited to Democrats or Republicans. We gentlewoman for yielding me time. and come to a final judgment. know that patriotic Americans are Mr. Speaker, the Committee on the Mr. LINDER. Mr. Speaker, I reserve aware we are at risk in two ways. One, Judiciary worked long and hard on this the balance of my time. from the terrorists, and also from de- particular bill. We spent several weeks Ms. SLAUGHTER. Mr. Speaker, I stroying the foundations of liberty in of research and deliberation, but appar- yield 3 minutes to the gentlewoman this United States. ently an intelligent, deliberative proc- from California (Ms. LOFGREN). Mr. LINDER. Mr. Speaker, I continue ess is not welcomed, and now here we Ms. LOFGREN. Mr. Speaker, I think to reserve my time. are under martial law considering a this is really a sad day for the House of Ms. SLAUGHTER. Mr. Speaker, I completely different bill than that that Representatives and the legislative yield 3 minutes to the gentlewoman was reported from the Committee on branch of government. Others will go from Texas (Ms. JACKSON-LEE). the Judiciary. through the details, but I would like to (Ms. JACKSON-LEE of Texas asked There was one amendment that was explain to the Members of the House, and was given permission to revise and not accepted in the Committee on who were not a part of the Committee extend her remarks.) Rules that I think we need to take on the Judiciary process, what we went Ms. JACKSON-LEE of Texas. Mr. some time to deliberate. That is an through. I personally participated in Speaker, I thank the gentlewoman amendment that I offered that would lengthy meetings where Republican from New York for yielding me time, have required government officials who and Democratic staff of the committee and I thank the gentleman from Geor- get one of these roving wiretaps to lis- sat down with the Justice Department, gia (Mr. LINDER). I appreciate the fact ten only to the target of the investiga- the FBI, the intelligence community; that the Committee on Rules had to tion, not to innocent people who also and we went through the proposal line meet this morning at 8 a.m. and many might be using the same phone that by line. of us were there promptly to engage in the target might be using. Now, that is We did not do anything that the Jus- what we would hope would have been a complicated issue, and that is why we tice Department objected to. In fact, an affirmation of H.R. 2975. need time to deliberate. Remember, there were huge sections of the bill Let me add my voice to the complete this is not just for terrorism; this is all that would have been thrown out be- dissatisfaction with the process that wiretaps. So we need to be careful and cause they were unconstitutional; and we are now engaged in, with the rec- notice how this thing works. we fixed them in the process that we ognition that we are in a crisis, Mr. First of all, under present law, there had. Ultimately, we had a unanimous Speaker. It is important that we say to is no incentive to abuse this process of the American people the truth, that we a roving wiretap under the Foreign In- vote on a very tough measure, and I are in a crisis. But we can be in a crisis telligence Surveillance Act, because if think some people are confused that we and be of sane mind of cautiousness you got anything from that, you could did something at odds with the profes- and of balance. That is what H.R. 2975 not use it in a criminal investigation. sional staff. We did not. This is a tough represented. But now, we are changing things. We measure. This was a piece of legislation that want to share the information. So now Now, is it the perfect answer? Per- members of the committee, and I serve there is an incentive to get that infor- haps not. We could work further with as a member of the Subcommittee on mation. Under FISA, there is a very the administration. We have worked on Immigration and Claims of the Com- low standard. You do not need to show a bipartisan basis to make this a good, mittee on the Judiciary, this is a proc- probable cause that a crime is being tough law. committed, all you have to show is The problem is, we are going to have ess where each of us were engaged in that you are investigating something a conference anyhow. The Senate is our respective areas of responsibility in involving foreign intelligence. You do going to insist that we have a con- a bipartisan way. It means that those not even have to show that that is the ference, and rather than going through who are on the Subcommittee on Im- primary cause of getting the wiretap, the regular order and taking up the bill migration and Claims, Democrats and just a significant cause. Which begs the that was unanimously passed that Republicans, were speaking to each question: What is the primary cause? Is would probably get 400 votes here in other about the specifics of addressing it a criminal investigation without this Chamber, and then having our con- the question of how we balance immi- probable cause, or is it just political ference in the regular order, making gration and the laws of this land; the surveillance? What is the primary additional changes in collaboration fact that immigration does not equate cause of getting this wiretap? We do with the White House, we are taking a to terrorism. We provided that balance. not know. And if we are listening to bill that most of the Members will not And in that balance, we were able to different people’s conversations, I even know what is in the bill when assure that there would not be endless would like to know how this thing got they vote for it. This is not respectful detention, if you will, for those individ- started. of the United States Government. This uals who were not, in fact, guilty of But who you listen to, if you have is not respectful of the United States any acts. gotten a right to follow a person along House of Representatives. I think it is Just a few days ago, the FBI called in and find out that he is using a pay a mistake. a practicing physician from San Anto- phone, you can put a bug on that pay I voted for the Committee on the Ju- nio of Muslim faith to come all the way phone. My amendment would have re- diciary bill. I am a cosponsor of the across country and determine that he quired you to listen only to the target bill. It creates wide-ranging authority was not engaged in any activities. If we on that pay phone, not everybody else, that I think is appropriate, given the have this bill where there would be no but that amendment was not accepted. threat that faces this Nation. It allows opportunity for judicial review in that So you could have people listening in FISA wiretaps without a warrant. U.S. process, innocent persons would be in- on people using the pay phone. You citizens will be subject to wiretap with- volved. In the instance of H.R. 2975 have wide latitude, because once the out judicial review. That is a big deal. there were opportunities for the ap- search wiretap warrant is issued, you That is a very big deal, and I am pre- peals of those individuals who were can follow the person around. Nobody pared to do that with some constraints held without an opportunity to present is questioning whether you put it on that the Justice Department and the their case to appeal their situation all the pay phone or the phone in the FISA experts agreed with. the way up to the Supreme Court. country club or the neighbor’s phone, I believe that on both sides of the This bill was called the PATRIOT so long as the prosecutor thinks well, aisle, if Members rush to judgment on Bill, and I want to remind my col- we might be able to get some informa- this, and it is not necessary; we can leagues of what a patriot was in the tion. have this done next week and it would early stages of this Nation. It was an We need to deliberate on this. One of follow the regular order; if Members individual who was willing to lay down the factors that created the unanimous rush to vote and to do it in this flawed his or her life so that the civil liberties

VerDate 13-OCT-2001 02:25 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.013 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6711 and the Bill of Rights and the Con- with all of the other important pieces, nize that law enforcement may need stitution could be protected. It was because America demands it. some extra tools to combat terrorism people who ran away from a despotic Ms. SLAUGHTER. Mr. Speaker, I and to ensure our safety, but my con- government in order to seek freedom in yield 2 minutes to the gentleman from stituents and the majority of Ameri- the United States. Yes, there is ter- Massachusetts (Mr. FRANK). cans in general know the difference be- rorism; and might I say that there is Mr. FRANK. Mr. Speaker, I have tween inconvenience and loss of civil sufficient terrorism that the Depart- never seen the legislative process more liberties. They have made it over- ment of Justice saw fit to put a ran- degraded than it is by this process. The whelmingly clear that they do not em- dom Web site indicating that this Na- Committee on the Judiciary worked brace proposals that encroach on our tion would face terrorist acts. I wonder very hard and very thoughtfully and civil liberties, proposals that ulti- whether that was put on to simply very seriously to make significant mately make us less free. threaten the United States Congress changes in the bill so we gave the For example, Mr. Speaker, this bill, into not doing its job, but rather to be House a bill that enhances law enforce- as I understand it, lifts limits on CAR- frightened into passing an antiterrorist ment authority, as is appropriate, but NIVORE, the tool to read private e- bill that really does not balance the to the maximum extent possible, gave mail correspondence, allowing the FBI rights of the American citizens along protections against the abuse of that. to read and use information at their with the rest of the needs that we have. It was not perfect, but it was a very own discretion. My constituents are Let me simply conclude by saying, thoughtful effort. But it turned out we right to worry about how gathered in- Mr. Speaker, that we should vote down were engaged in a game of bait and formation under this legislation could this particular marshal rule, vote down switch, because once the committee and would be used. the rule, we should be on the floor sup- bill came forward, it was dumped; and Mr. Speaker, we must not allow the porting the federalizing of security in we have today an outrageous proce- Bill of Rights to become the next vic- airports and airlines, and give us time dure: a bill drafted by a handful of peo- tim of the September 11 attack. I urge to work to put a bill together that all ple in secret, subjected to no com- my colleagues, withdraw this rule, of America can be proud of and that mittee process, comes before us im- withdraw this bill. Instead, why are we the FBI can go out and find the terror- mune from amendment. not voting on airport safety, something ists and bring them to justice. This is I have a question: What is it about that everyone in this country is wait- not this bill. democracy that the Republican leader- ing for and is worried about, and some- ship thinks weakens us? Why, after an thing that passed out of the other body b 1145 open process of a bipartisan sort, com- last night 100 to zip? Mr. LINDER. Mr. Speaker, I am ing out with a reasonable product, are Ms. SLAUGHTER. Mr. Speaker, I pleased to yield 2 minutes to the gen- we not even allowed to offer it on the yield the balance of my time to the tleman from New York (Mr. SWEENEY). floor and debate it? What is it about gentlewoman from California (Ms. WA- (Mr. SWEENEY asked and was given the process of open discussion that peo- TERS). permission to revise and extend his re- ple see somehow as a distraction? Ms. WATERS. Mr. Speaker, we are marks.) In fact, it is bait and switch for this debating a rule that is going to deter- Mr. SWEENEY. Mr. Speaker, I thank reason. There are a number of impor- mine whether or not we vote on one of the gentleman from Georgia for yield- tant issues that now may never get de- the most important items perhaps in ing time to me. bated because, having worked on that some of our careers. We are talking Mr. Speaker, I rise today in support compromise bill, many of us assume about whether or not we are going to of this important legislation, with that we had achieved some agreement take a product that was produced by some apprehension, solely because on the balance to be struck, and at the the Senate in the wee hours of the there are a number of provisions I last minute that is thrown aside so the morning on one of the most important would have liked to have seen added important issues that were debated issues we will ever debate in this Con- into this process. But I recognize that will never be debated here. gress, and rush it to the floor and vote time is of the essence. It is important I know, this allows the motion to re- on it, where significant changes have that this body move forward to show commit, the great catch-22 of par- been made. There is a significant dif- the American people the seriousness of liamentary procedure. On the one ference in what the Senate produced the nature of our need to improve our hand, they say, you can offer it in the and what the House produced. intelligence and security systems. motion to recommit. On the other What normally happens in this proc- Specifically, I was hoping to have of- hand, Members on that side will be ess is we have the House bill that is fered, along with the gentleman from told, this is a party issue. This is a par- heard; we have the Senate bill that is Louisiana (Mr. TAUZIN), an amendment tisan issue. The motion to recommit heard. When there are differences, they relating to student visas and the need has a whole 5 minutes of debate on go to conference and we try and work for us to take action in this House im- each side. So all of that thoughtful it out. We worked very hard in the mediately to tighten up the system of process, all of the compromise, all of Committee on the Judiciary in order to student visas; in fact, to create a sys- the anguishing decisions we had to have a product that everybody could tem regarding the tracking of student make about how do we balance self-de- embrace. The right wing came to- visas by the intelligence community. fense with protections against abuse, gether, the gentleman from Wisconsin Mr. Speaker, currently there are that is all to be compressed into a 5- (Mr. SENSENBRENNER); and the left, the 600,000 international students studying minute partisan motion. gentlewoman from California (Ms. WA- in colleges and universities all over Shame on the people who have TERS), myself; and the gentleman from this Nation, many of whom are con- brought this forward. Michigan (Mr. CONYERS) and others. tributing greatly to those universities Ms. SLAUGHTER. Mr. Speaker, I We gave a lot. We worked on this to and colleges, and therefore our society. yield 2 minutes to the gentlewoman make sure that we could get a bill that Nevertheless, the INS, in the failure from California (Ms. WOOLSEY). would respect the civil liberties of the to develop a system of tracking those (Ms. WOOLSEY asked and was given people of this country, and now it has students, has led to incredible breaches permission to revise and extend her re- all been undone because of one person of security that should concern us all. marks.) on that side who will not allow them to Indeed, in fact, one of the hijackers on Ms. WOOLSEY. Mr. Speaker, I rise in bring it up. September 11 was in this country on a strong opposition to this rule, to the I would ask the Members of this Con- student visa, never having reported martial law, and to the underlying bill. gress to reject that kind of action. even to the college or university that We are just learning how far this re- Mr. BLUMBENAUER. Mr. Speakerr, it is that person was supposed to. cently-crafted legislation called the with great sadness that I vote against the rule I am going to rise in support of to- PATRIOT Act goes beyond the powers and the Surveillance Act that it authorizes. day’s move forward, but I would call necessary to fight terrorism. We united as a country after the tragic upon my colleagues in this body to The people I represent in Marin and events of Sepetmber 11. We were firm in our move forward expeditiously, as well, Sonoma Counties in California recog- resolve that it would not be business as usual

VerDate 13-OCT-2001 02:25 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0636 Sfmt 9920 E:\CR\FM\K12OC7.025 pfrm01 PsN: H12PT1 H6712 CONGRESSIONAL RECORD — HOUSE October 12, 2001 and that we would do what is necessary to Gallegly LaHood Ryan (WI) Nadler Rodriguez Stenholm Ganske Largent Ryun (KS) Napolitano Roemer Strickland root out the hateful individuals who unflicted Gekas Latham Saxton Neal Ross Stupak such loss on our citizens. Gibbons LaTourette Schaffer Oberstar Rothman Tanner Part of our responsibility was to reach out Gilchrest Leach Sensenbrenner Obey Roybal-Allard Tauscher on a bi-partisan basis and give the American Gilman Lewis (CA) Sessions Olver Rush Taylor (MS) Goode Lewis (KY) Shadegg Ortiz Sabo Thompson (CA) people our best. The work product that was Goodlatte Linder Shaw Owens Sanchez Thompson (MS) produced by our Judiciary Committee was an Goss LoBiondo Shays Pallone Sanders Thurman example of giving our best. Thirty-six widely Graham Lucas (OK) Sherwood Pascrell Sandlin Tierney Granger Maloney (CT) Shimkus Pastor Sawyer Turner disparate men and women under the leader- Graves Manzullo Shows Paul Schakowsky Udall (CO) ship to Chairman SENSENBRENNER and Rank- Green (WI) McCrery Shuster Payne Schiff Udall (NM) ing Member CONYERS have perhaps the Greenwood McInnis Simmons Pelosi Scott Velazquez widest array of opinions found on any com- Grucci McKeon Simpson Peterson (MN) Serrano Visclosky Gutknecht Mica Skeen Petri Sherman Waters mittee in the House. Yet they were able to Hall (TX) Miller, Gary Smith (MI) Phelps Skelton Watson (CA) come together unanimously with a balanced, Hansen Moran (KS) Smith (NJ) Pomeroy Slaughter Watt (NC) well thought-out measure that could serve as Hart Morella Smith (TX) Price (NC) Smith (WA) Waxman Hastert Myrick Souder Rahall Snyder Weiner a focal point for the House of Representatives. Hastings (WA) Nethercutt Stearns Rangel Solis Woolsey This work product of our committee system Hayes Ney Stump Reyes Spratt Wu was swept aside by the House Republican Hayworth Northup Sununu Rivers Stark Wynn leadership. At the last minute we received a Hefley Norwood Sweeney Herger Nussle Tancredo NOT VOTING—10 175-page substitute, without the opportunity Hilleary Osborne Tauzin Aderholt Gillmor Towns for any amendments. Hobson Ose Taylor (NC) Barton McHugh Wexler This is not a question that needs to be de- Hoekstra Otter Terry Blunt Miller (FL) Horn Oxley Thomas Dicks Schrock cided by a partisan power play. The American Hostettler Pence Thornberry public cares about rooting out the terrorist ele- Houghton Peterson (PA) Thune b 1216 ments in our country and everywhere else. Hulshof Pickering Tiahrt Mr. HOLDEN, Mrs. JONES of Ohio, Hunter Pitts Tiberi They have every reason to expect that the Hyde Platts Toomey and Mr. MEEKS of New York, changed rights of the American public will be respected. Isakson Pombo Traficant their vote from ‘‘yea’’ to ‘‘nay.’’ A few days or even a few hours of work could Issa Portman Upton Mr. TAUZIN changed his vote from have achieved that objective. I will vote Istook Pryce (OH) Vitter ‘‘nay’’ to ‘‘yea.’’ Jenkins Putnam Walden against the bill because I reject the notion that Johnson (CT) Quinn Walsh So the resolution was agreed to. in these times of crisis, the legislative process Johnson (IL) Radanovich Wamp The result of the vote was announced can not work, that partisanship must prevail Johnson, Sam Ramstad Watkins (OK) as above recorded. Jones (NC) Regula Watts (OK) A motion to reconsider was laid on over the openness and strength of America’s Keller Rehberg Weldon (FL) democratic system. Kelly Reynolds Weldon (PA) the table. Mr. LINDER. Mr. Speaker, I yield Kennedy (MN) Riley Weller Stated for: back the balance of my time. Kerns Rogers (KY) Whitfield Mr. SCHROCK. Mr. Speaker, today I was in King (NY) Rogers (MI) Wicker my district attending the memorial service for The SPEAKER pro tempore (Mr. Kingston Rohrabacher Wilson LAHOOD). Without objection, the pre- Kirk Ros-Lehtinen Wolf the victims of the USS Cole, which was at- vious question is ordered on the resolu- Knollenberg Roukema Young (AK) tacked by terrorists on October 12, 2000. As Young (FL) tion. Kolbe Royce a result, I missed rollcall vote 382. Had I been present, I would have voted ‘‘yea’’ on this roll- There was no objection. NAYS—205 call vote. The SPEAKER pro tempore. The Ackerman DeGette Kaptur question is on the resolution. Allen Delahunt Kennedy (RI) f The question was taken; and the Andrews DeLauro Kildee MESSAGE FROM THE SENATE Baca Dingell Kilpatrick Speaker pro tempore announced that Baird Doggett Kind (WI) A message from the Senate by Ms. the ayes appeared to have it. Baldacci Dooley Kleczka Monahan, one of its clerks, announced Mr. NADLER. Mr. Speaker, I object Baldwin Doyle Kucinich Barcia Edwards LaFalce that the Senate has passed without to the vote on the ground that a Barrett Engel Lampson amendment a joint resolution and a quorum is not present and make the Becerra Eshoo Langevin concurrent resolution of the House of point of order that a quorum is not Bentsen Etheridge Lantos the following titles: present. Berkley Evans Larsen (WA) Berman Farr Larson (CT) H.J. Res. 68. Joint resolution making fur- The SPEAKER pro tempore. Evi- Berry Fattah Lee ther continuing appropriations for the fiscal dently a quorum is not present. Bishop Filner Levin year 2002, and for other purposes. The Sergeant at Arms will notify ab- Blagojevich Ford Lewis (GA) H. Con. Res. 204. Concurrent resolution ex- Blumenauer Frank Lipinski sent Members. pressing the sense of Congress regarding the Bonior Frost Lofgren establishment of National Character Counts The vote was taken by electronic de- Borski Gephardt Lowey Week. vice, and there were—yeas 216, nays Boswell Gonzalez Lucas (KY) Boucher Gordon Luther The message also announced that the 205, not voting 10, as follows: Boyd Green (TX) Maloney (NY) Senate has passed a joint resolution of [Roll No. 382] Brady (PA) Gutierrez Markey Brown (FL) Hall (OH) Mascara the following title in which the concur- YEAS—216 Brown (OH) Harman Matheson rence of the House is requested: Abercrombie Buyer Deal Capps Hastings (FL) Matsui S.J. Res. 25. Joint resolution designating Akin Callahan DeLay Capuano Hill McCarthy (MO) September 11 as ‘‘National Day of Remem- Armey Calvert DeMint Cardin Hilliard McCarthy (NY) brance’’. Bachus Camp Deutsch Carson (IN) Hinchey McCollum Baker Cannon Diaz-Balart Carson (OK) Hinojosa McDermott f Ballenger Cantor Doolittle Clay Hoeffel McGovern Barr Capito Dreier Clayton Holden McIntyre PROVIDING FOR CONSIDERATION Bartlett Castle Duncan Clement Holt McKinney OF H.R. 2975, PATRIOT ACT OF 2001 Bass Chabot Dunn Clyburn Honda McNulty Bereuter Chambliss Ehlers Condit Hooley Meehan Mr. DIAZ-BALART. Mr. Speaker, by Biggert Coble Ehrlich Conyers Hoyer Meek (FL) direction on the Committee on Rules, I Bilirakis Collins Emerson Costello Inslee Meeks (NY) call up House Resolution 264 and ask Boehlert Combest English Coyne Israel Menendez for its immediate consideration. Boehner Cooksey Everett Cramer Jackson (IL) Millender- Bonilla Cox Ferguson Crowley Jackson-Lee McDonald The Clerk read the resolution, as fol- Bono Crane Flake Cummings (TX) Miller, George lows: Brady (TX) Crenshaw Fletcher Cunningham Jefferson Mink H. RES. 264 Brown (SC) Cubin Foley Davis (CA) John Mollohan Bryant Culberson Forbes Davis (FL) Johnson, E. B. Moore Resolved, That upon the adoption of this Burr Davis, Jo Ann Fossella Davis (IL) Jones (OH) Moran (VA) resolution it shall be in order without inter- Burton Davis, Tom Frelinghuysen DeFazio Kanjorski Murtha vention of any point of order to consider in

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.003 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6713 the House the bill (H.R. 2975) to combat ter- the gentleman from Delaware (Mr. Michigan (Mr. CONYERS), the ranking rorism, and for other purposes. The bill shall CASTLE), and others. member, announced an agreement on a be considered as read for amendment. In lieu This bill reflects the essence of com- compromise bill. The bill was reported of the amendment recommended by the Com- promise. The gentleman from Wis- unanimously by the Committee on the mittee on the Judiciary now printed in the bill, an amendment in the nature of a sub- consin (Mr. SENSENBRENNER) and other Judiciary by a vote of 36 to 0. stitute consisting of the text of H.R. 3108 members who have crafted this critical At that time, the leadership of both shall be considered as adopted. All points of legislation, legislation which is similar sides of the aisle wisely refused to be order against the bill, as amended, are to the Senate bill, that it passed last stampeded into abandoning civil lib- waived. The previous question shall be con- night, will give the President of the erties by approving the proposals that sidered as ordered on the bill, as amended, to United States and various law enforce- the administration hastily pulled to- final passage without intervening motion ex- ment departments and agencies tools gether last month. This was Congress cept: (1) one hour of debate on the bill, as needed to wage an effective campaign at its best. The underlying bill dem- amended, equally divided and controlled by the chairman and ranking minority member against terrorism in the wake of the onstrated bipartisan resolve in re- of the Committee on the Judiciary; and (2) September 11 terrorist attacks. sponse to a Nation in crisis. one motion to recommit with or without in- We will have ample opportunity dur- Unfortunately, that bipartisan bill structions. ing this coming hour of debate on this has now been abandoned in favor of an The SPEAKER pro tempore (Mr. rule as well as the subsequent debate extreme proposal that threatens the LAHOOD). The gentleman from Florida on the underlying legislation to bring civil rights of all Americans. The bill (Mr. DIAZ-BALART) is recognized for 1 out the details of the legislation. At presented in the House today contains hour. this initial point, Mr. Speaker, what I a variety of provisions that, at any Mr. DIAZ-BALART. Mr. Speaker, for would like to do is urge my colleagues other time and place, would never re- the purpose of debate only, I yield the to join me in passing this rule so that ceive serious consideration in this customary 30 minutes to the gentle- the House may proceed quickly to con- Chamber. Only the current crisis is woman from New York (Ms. SLAUGH- sider the underlying legislation. persuading Congress to throw caution TER), my dear friend, pending which I Mr. Speaker, I reserve the balance of and civil rights to the wind. yield myself such time as I may con- my time. As a result, some of the most impor- sume. During consideration of this res- Ms. SLAUGHTER. Mr. Speaker, I tant compromises developed in the olution, all time yielded is for the pur- yield myself such time as I may con- committee process have been re- pose of debate only. sume. nounced. Under the new bill, our own House Resolution 246 is a closed rule (Ms. SLAUGHTER asked and was given citizens can be wiretapped by the CIA. providing for the consideration of H.R. permission to revise and extend her re- Immigrants can be deported for donat- 2975, the Provide Appropriate Tools Re- marks.) ing money to groups they did not know quired to Intercept and Obstruct Ter- Ms. SLAUGHTER. Mr. Speaker, I were linked to terrorism. The govern- rorism bill, or the PATRIOT bill for thank my colleague from Florida for ment can introduce information ob- short. yielding me the customary half an tained from illegal wiretaps in court; House Resolution 264 provides for 1 hour. and significant new restrictions are hour of debate in the House, equally di- Mr. Speaker, I rise in strong opposi- placed on the disclosure of information vided and controlled by the chairman tion to this closed rule and to the un- from grand jury proceedings, changes and ranking minority member of the derlying legislation. While all of us un- which were made with no input, there Committee on the Judiciary. derstand the need to give law enforce- was no decisions given by Federal The rule also provides an amendment ment the tools it needs to combat ter- judges, by the lawyers, by any mem- in the nature of a substitute consisting rorism, the bill goes too far. In the bers of the bar as to the constitu- of the text of H.R. 3108 shall be consid- name of protecting Americans, it eats tionality and the fitness of these ered as adopted. away at some of our most cherished changes, and perhaps most critically, The rule waives all points of order freedoms. the 2-year sunset provision was de- against the bill, as amended. The events of September 11 are leted. And finally, House Resolution 264 etched in all of our hearts and minds. The bill essentially allows changes to provides for one motion to recommit, Last week, I attended services for two stand for 5 years before Congress has with or without instructions. constituents who were lost at the any obligation to review them. If we As I stated before, Mr. Speaker, this World Trade Center, a 52-year-old busi- are truly concerned about the civil is a closed rule which will allow for ex- nessman and a 28-year-old consultant. rights of our constituents, surely we pedited consideration of the critical Both had long, fulfilling lives ahead of should not allow 5 years to lapse before issue before the Congress today. them, and both were innocent victims exercising oversight over these ex- Mr. Speaker, the United States is at of terror. panded powers. war. The American people have been We have to track down the perpetra- The Members of this Chamber need attacked on our own soil by evil men tors of these heinous crimes and ensure to understand that the bill before us who have learned to skirt many of our such atrocities can never be repeated. today is no longer just about ter- laws that are designed to protect In order to do so, Congress is prepared rorism. These sweeping new powers can Americans. The underlying legislation to give the law enforcement commu- be used in the pursuit of any criminal has been crafted to give our Nation’s nity unprecedented powers to engage in case against any American citizen or law enforcement officials additional surveillance, wiretapping, and collec- immigrant. necessary tools for the war on ter- tion of evidence. No one doubts that we and our con- rorism. We must do everything within At the same time, however, we must stituents are at risk for further at- our power so that the events of Sep- balance the need to pursue terrorists tacks. Law enforcement, as I said, tember 11 never again happen. against the need to protect the civil needs to have the tools to confront this It is no secret, Mr. Speaker, that rights of law-abiding Americans. On new threat. Included in this bill are there are some Members of this body September 19, Attorney General John worthy provisions from the administra- who are displeased with the legislation Ashcroft outlined his proposal to com- tion’s proposal. For example, the bill before us because they consider that it bat terrorism. Since that time, the would let the government seek court goes too far. I can assure my col- Committee on the Judiciary majority approval to place a wiretap not just on leagues, Mr. Speaker, that there are and minority staffs have been working a particular phone but on a person, re- many Members of Congress who believe nonstop, including weekends, to de- gardless of which phone they will use. that this legislation does not go far velop compromise language that would But these positive provisions are taint- enough. accommodate many of the administra- ed by the inclusion of unnecessarily We have heard a number of them on tion’s requests. broad proposals that will erode the the floor today. The gentleman from On Monday, October 1, the gentleman civil rights of all Americans. New York (Mr. SWEENEY), the gen- from Wisconsin (Chairman SENSEN- Given the opportunity, Members of tleman from Florida (Mr. DEUTSCH), BRENNER) and the gentleman from the House could mitigate some of the

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.010 pfrm01 PsN: H12PT1 H6714 CONGRESSIONAL RECORD — HOUSE October 12, 2001 most problematic provisions of this with the majority on our committee, is Mr. DIAZ-BALART. Mr. Speaker, I bill. However, we are being denied that establish a transportation security ad- yield 2 minutes to the gentleman from opportunity. The closed rule allows no ministration within the Department of Illinois (Mr. KIRK). amendments to the civil rights bill of Transportation; and this approach dif- Mr. KIRK. Mr. Speaker, I rise in sup- this generation. fers significantly from the bill which port of this rule. I highlight one key We cannot fight terrorism by de- just last night passed the other body on provision in this bill. I note that no stroying those very things that make a vote of 100 to zero, to elevate security provision in this bill lasts more than 5 our Nation special. If we are going to to all modes of transportation to the years. There is one key section, section cut into civil rights laws, we should level of an Under Secretary of Trans- 502, regarding the State Department use a scalpel, not a scythe. I urge my portation so that all modes would be rewards program, and the public should colleagues to oppose this closed rule considered concurrently; transfer all know there is already a $5 million re- and to vote against the underlying bill. aviation security functions to the ward out for the arrest of Osama bin Mr. Speaker, I reserve the balance of Transportation Security Administra- Laden. This program has been very my time. tion except for air marshals which successful in the past and has led to Mr. DIAZ-BALART. Mr. Speaker, I would stay, as they always have been, charts like this, showing the results of yield 1 minute to the gentleman from within the FAA; designate this Under the United States embassy bombing Arizona (Mr. FLAKE). Secretary to be the primary liaison to outside our embassy in Kenya in which Mr. FLAKE. Mr. Speaker, I rise in intelligence and law enforcement com- 12 Americans and 300 Kenyans and Tan- support of the rule. Although I would munities; allow the Secretary to de- zanians were killed. have preferred an open rule, I think velop the regulations to carry out the It is this program which led to the that there is one glaring hole in this security functions. arrest of Mr. Kansi, who led the attack legislation. It is an antiterrorism Mr. Speaker, under this general regu- against CIA employees outside that piece, but we are not dealing with the latory authority, because we are deal- agency, and also many Yugoslav war greatest source of right now. We are ing in an area of urgency and of na- criminals. not dealing with immigration in any tional significance, the Under Sec- The underlying bill which will be meaningful sense. retary would consider the costs, but supported by this rule gives Secretary We ought to be strengthening the not be required to undertake the usual Powell the authority to raise the process that we have to issue visas. We time-consuming cost benefit analysis amount for a reward for a terrorist up have introduced legislation. We had an which places a monetary value on to $15 million. I introduced legislation amendment to go on this bill, the gen- human life and has regularly been the along with the gentleman from Illinois tleman from Delaware (Mr. CASTLE) subject of airline interference and (Mr. HYDE), the gentleman from New and myself, which would have tight- dragging out the regulatory process York (Mr. GILMAN), and the gentleman ened that process. It would have also when it comes to safety and security. from California (Mr. LANTOS), H.R. tightened the process by which we We would consider the costs, but not 2895, to raise the full amount for the screen people currently in the country. be bogged down by a regulatory process rewards program to $25 million. We found out yesterday that of the 19 which holds up rules literally for years; Secretary Powell has already men- terrorists who were here in the coun- permits this Under Secretary to issue tioned this State Department rewards try, 10 of them were here legally. Three emergency rules or security directives program and the $25 million figure in of them had overstayed their visas, and without cost-benefit analysis, but op- his public diplomacy. This bill and sub- 6 of them we had no clue where they portunity for comment; create a trans- sequent appropriations are a first step came from or how they got here. That portation security oversight board con- to dramatically enhancing the State is unacceptable, and it would have been sisting of the Secretary of Transpor- Department’s rewards program, and I good to deal with as part of this bill. If tation, the Attorney General, the Sec- think it should receive the support of we cannot, and the rule is closed so we retary of the Treasury, the Secretary this House. will not, we need to deal with that sep- of Defense, and a representative of the Ms. SLAUGHTER. Mr. Speaker, I arately. Office of Homeland Security. yield 2 minutes to the gentleman from b 1230 Further, to require the President to Wisconsin (Mr. OBEY). Ms. SLAUGHTER. Mr. Speaker, I begin a review of whether security Mr. OBEY. Mr. Speaker, our Found- yield 5 minutes to the gentleman from should be conducted within the Depart- ing Fathers created the Bill of Rights Minnesota (Mr. OBERSTAR). ment of Transportation as we proposed not so they would be there in easy, Mr. OBERSTAR. Mr. Speaker, I in the legislation, or whether the convenient times; but so they would be thank the gentlewoman for yielding me President on his counsel should trans- enforceable in tough times. This is one this time. fer that function to another Depart- of those tough times. Mr. Speaker, in light of the great ment or office. We have had a bipartisan bill devel- confusion and dissatisfaction about the The key to this is the status of those oped in the Committee on the Judici- process that has led us to this point on who perform security at the Nation’s ary, and Members have been able to the pending measure covered by the airport security checkpoints. This has ask questions about that for a number proposed rule, it seems to me that we been the Achilles’ heel of aviation se- of days. We were all feeling pretty ought rather to be spending our time curity. comfortable with it. dealing with aviation security. The screener workforce I distinguish But now in a last ditch action, that If we defeat the motion on the pre- from functions that are performed by bill has essentially been thrown out vious question, it will be the purpose of airlines. There are airline responsibil- and now we have a back-room quick fix the minority side to bring up the ities in aviation. There are airport re- going on, and I venture to say that vir- Transportation Security Enhancement sponsibilities in aviation, and there is tually no one in this Chamber outside Act of 2001, which has been drafted a national security responsibility in of perhaps a few people on the com- largely in cooperation with the Repub- aviation. mittee have any idea what is in the lican majority on our committee, but I make that distinction based on my bill. Why should we care? It is only the with some significant differences. experience from 11 years ago in the Constitution. It is only individual lib- One of those key differences has to do aftermath of the Pan Am 103 crash erty at stake. with how screening is performed at the when I was a member of a Presidential Mr. Speaker, we have a 140-page bill Nation’s airports. Let me put this in commission on aviation security. It coming at us. There is no section-by- context because the screener issue has was called the Pan Am 103 Commission. section analysis, so we do not have any been very largely overstated and not We recommended that there be a com- idea what is in the bill. We are going to stated in the context of overall avia- prehensive security effort on all of be asked to vote blind, and we will be tion security. aviation and that security should be blind. This bill ought to be delayed First, what we would propose to do, seen as a matter of national responsi- until Monday. Instead, what we ought and we have done this in agreement bility. to have on the floor right now is the

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.021 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6715 bill that passed the Senate 100 to noth- Ms. SLAUGHTER. Mr. Speaker, I Ms. MILLENDER-MCDONALD. Mr. ing on airline security. That is what yield 3 minutes to the gentleman from Speaker, I rise in opposition to this ought to be on this floor right now. Massachusetts (Mr. DELAHUNT). closed rule and the underlying bill be- It has been one full month since the Mr. DELAHUNT. Mr. Speaker, this is fore us, H.R. 3108, a bill that we have disastrous events of September 11; and one of those moments when we are just learned about a couple of hours yet because of the hang-ups that a few truly tested. Can we rise to the call to ago. There are glaring deficiencies in people in this institution have about defend our country and at the same this bill, and the action today is an af- the size of government, we cannot get time have the wisdom and courage to front to the Members who serve on the to the floor a bill that would federalize do it in a way that is true to the prin- Committee on the Judiciary who and professionalize the airport inspec- ciples that make our country unique passed a bill out in that committee 36– tion service. That is harebrained. It is among the family of nations? 0. wrong. I was one of the 36 members of the I was willing, Mr. Speaker, to vote on Mr. Speaker, that legislation ought Committee on the Judiciary who joined that bill, H.R. 2975, and had an amend- to come first. We ought to bring that together in unanimous support for the ment that required the Secretary of bill up here on the floor now. That bill reported out of committee; and our Transportation to consult with all Fed- would speed the day when we do have chairman, the gentleman from Wis- eral departments and agencies to con- airline security, and it would give us consin (Mr. SENSENBRENNER) and the duct an assessment of terrorist-related more time on a bipartisan basis to ana- ranking member, the gentleman from threats to all modes of public transpor- lyze what is actually in this bill. I am Michigan (Mr. CONYERS), worked tire- tation. We have heard from the rank- sure there are many good things in the lessly with members on both sides to ing member of the Committee on bill. That is not the question. strike a proper balance between na- Transportation and Infrastructure. We The question is if you are defending tional security and the values of a free need an aviation security bill on this liberty, and we have a responsibility society. They did this House, they did floor. We do not need bills that have each and every one of us to do that, the the committee, and they did the Na- come to us in the cloak of night that question is to know what is in the de- tion a great service; and they do de- will circumvent us from really giving tail. The devil is in the detail. The Con- serve our gratitude. the confidence to the American people, stitution is there not to protect bad Unfortunately, that carefully crafted a bill that they deserve. people, but to protect every innocent bill is not the measure we are going to Mr. Speaker, we should not move for- American. consider today. This morning, as oth- ward with this legislation that in- Mr. DIAZ-BALART. Mr. Speaker, I ers have said, the Committee on Rules fringes on the civil rights of this coun- yield 2 minutes to the gentlewoman replaced it with a new 187-page bill try and would not adhere to the Com- from New Jersey (Mrs. ROUKEMA). which nobody had the time to even pe- mittee on the Judiciary members who (Mrs. ROUKEMA asked and was ruse. While it appears to retain some did give us a bill, H.R. 2975, that we given permission to revise and extend features of the original bill, it appar- could have voted on. her remarks.) ently modifies or eliminates a number Ms. SLAUGHTER. Mr. Speaker, I Mrs. ROUKEMA. Mr. Speaker, I rise of the compromises which enabled us yield 1 minute to the gentlewoman in favor of the rule and the bill with to come to that consensus. from California (Ms. LEE). some understanding about commit- Just one example: it makes a dra- Ms. LEE. Mr. Speaker, I rise in oppo- ments that I have from our House lead- matic departure from American crimi- sition to this bill. We must bring ter- ership. nal jurisprudence by allowing the shar- rorists to justice and make our country I am speaking here today as a rep- ing of grand jury evidence without a safe, but we must not sacrifice our resentative of a district that lost more court order. History has taught us that Constitution in a mad rush to rewrite than 100 constituents in this terrible sweeping new powers, once given to the our laws in the middle of the night. tragedy at the World Trade Center. I Government, are prone to abuse. Re- This is one of the most important bills want to deal with it in a realistic way member, too often in times of crisis we will address this year, but we have and a sure way so we can avoid this our government has sacrificed essential not had a chance to even read the bill. happening again. But I must say that liberties to claims of national security. The Committee on the Judiciary as much as I support this bill, we will The Alien Sedition Acts, the suspen- unanimously passed an antiterrorism be making a mockery out of these re- sion of habeas corpus during the Civil bill that has all but disappeared. This forms if we do not have a companion War, the internments of the Second is not the way to make laws. piece, if not in this bill, then a com- World War and the ‘‘red-baiting’’ by This bill expands the scope of surveil- panion piece that deals with illegal the McCarthy and the House un-Amer- lance powers far beyond the scrutiny of money laundering and bulk cash smug- ican Activities Committee. suspected terrorists. We hear that in- gling. Today everyone deplores those ex- telligence sharing will not be limited There is every reputable authority, cesses, but we must not forget that de- to those suspects. We cannot once whether it is the FBI or other inter- cent, patriotic Americans acquiesced again go down this path. African Amer- national organizations which are au- in those measures under the pressures icans have very clear memories of how thorities on terrorists, which have of the moment. civil liberties have been warped before identified bulk cash smuggling and through illegal surveillance and the 1245 money laundering as a system for fi- b COINTEL program. Dr. Martin Luther nancing terrorists around the globe. I am not claiming that this bill falls King, Jr., a man who preached peace, We cannot have true reform unless into that category. What I am saying is was wiretapped by the FBI. that is prevented. that we should be willing to pause to We must move carefully. We must Now, yesterday the Committee on Fi- reflect and examine exhaustively the avoid the pitfalls of racial profiling. nancial Institutions passed out an ex- provisions in light of that experience in Arab Americans and Muslims must not cellent bill, and I believe we will be the bill before us today so that unin- become government targets because of voting for the rule and the bill with the tended consequences can be corrected their race or faith. We cannot let ter- understanding that we have a firm and any potential abuses that arise rorists rewrite our Constitution. We commitment from our House leader- from our actions can be discovered and must think about the consequences of ship that they will expedite the consid- addressed. We have not done that our actions. eration of the bulk cash smuggling and today. I suggest if we proceed and do I urge this body to oppose the rule money laundering bill, and that we will not defeat this rule, that we will have and oppose the bill. have it on the floor next week. failed in our responsibility to the Con- Ms. SLAUGHTER. Mr. Speaker, I Mr. Speaker, we have to make this stitution and to the American people. yield 1 minute to the gentlewoman first giant step, but then put the foun- Ms. SLAUGHTER. Mr. Speaker, I from New York (Mrs. MALONEY). dation of the reforms in with the bulk yield 1 minute to the gentlewoman Mrs. MALONEY of New York. Mr. cash smuggling and money laundering from California (Ms. MILLENDER- Speaker, I rise in opposition to the legislation. MCDONALD). rule. By voting on the exact language

VerDate 13-OCT-2001 04:16 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.041 pfrm01 PsN: H12PT1 H6716 CONGRESSIONAL RECORD — HOUSE October 12, 2001 reported out of the other body, we We should get on with the legislative War, 140,000 Union forces; Confederate would effectively negate the hard work process. We should get this legislation figures are not readily available. World and thoughtful input of the entire through the Congress and on the Presi- War I, 53,000. World War II, 291,000. An- House of Representatives. As a New dent’s desk as soon as possible so that tietam, one battle, 4,032 Americans Yorker, I am appalled that the provi- law enforcement will have the tools to died. Gettysburg, 7,058 soldiers died. sion increasing the funding for the fall- track down those that are planning fu- I believe that these brave Americans en public safety officers is not in- ture acts of terrorism in the United died not just to keep us free from for- cluded. The bill does not include the States and to keep them off balance. eign invaders or foreign forces, I be- expedited implementation of the Stu- The time to vote is now, and the way lieve that these brave people went into dent and Exchange Visitor Information to get us to a vote is by voting for this battle and many of them died so that System which would help ensure that rule. we could protect our liberties at home. student visas do not become passports Ms. SLAUGHTER. Mr. Speaker, I Last night I was with a small group of for terrorists. The sunset provision has yield 2 minutes to the gentleman from Marines. They asked me to facilitate been eliminated. Michigan (Mr. CONYERS), the ranking their transfer to a combat unit. I said Finally, I want to emphasize that member of the Committee on the Judi- I would do that. The best I could do any final terrorism package must ad- ciary. last night was to buy them a beer and dress illegal money laundering, and Mr. CONYERS. I thank the gentle- offer to do that. this bill does not include the fed- woman from New York for yielding Today, it is my job to seek an addi- eralization of airport security which is time. tional 3 hours, to seek an additional 3 needed deeply in this country. In devel- Mr. Speaker, let me ask my col- days, to seek a few more days when it oping the best possible bill to combat league with whom I have labored for has already been 30 days since the at- terrorism, the House should advocate, weeks now on this bill. We have re- tack, so that we can produce a better not abrogate on their responsibility. ported by a unanimous vote on the product to honor all those who came I urge a ‘‘no’’ vote on both sides of Committee on the Judiciary, some- before us and gave deep sacrifice, and, the aisle. thing that I cannot ever remember many of them, the ultimate sacrifice, Mr. DIAZ-BALART. Mr. Speaker, I happening before, but it is my under- so that we can enjoy the civil liberties yield 3 minutes to the gentleman from standing that this bill, whatever the that we have today. We dishonor all Wisconsin (Mr. SENSENBRENNER), the product is, and the Senate bill voted those who have fought for America by distinguished chairman of the Com- out last night will go to conference. panicking in this moment. mittee on the Judiciary and the prin- Is that the understanding of my col- Ms. SLAUGHTER. Mr. Speaker, I cipal architect of this legislation in the league and friend, the chairman of the yield such time as he may consume to House. Committee on the Judiciary? Mr. SENSENBRENNER. Mr. Speak- Mr. SENSENBRENNER. Mr. Speak- the gentleman from New Mexico (Mr. er, we have heard a lot of complaints er, will the gentleman yield? UDALL). about process from the other side of Mr. CONYERS. I yield to the gen- (Mr. UDALL of New Mexico asked the aisle and a lot of those complaints tleman from Wisconsin. and was given permission to revise and are really misdirected. Mr. SENSENBRENNER. If the Sen- extend his remarks.) First, the bill that will be considered ate disagrees with the House amend- Mr. UDALL of New Mexico. Mr. as the text, once we get to it, has been ment, I assume it will go to conference. Speaker, I oppose the rule. out there for over a week. It is the text I would hope that for once the Senate Ms. SLAUGHTER. Mr. Speaker, I that was introduced in the Senate by would think that we got it right and yield 2 minutes to the gentleman from the Democratic leader of the Senate, pass the bill unamended and let the Illinois (Mr. RUSH). the Senator from South Dakota (Mr. President then do his thing. (Mr. RUSH asked and was given per- DASCHLE). A version of the bill passed Mr. CONYERS. I would say to my mission to revise and extend his re- the Senate last night by a vote of 96–1, colleague that it is highly unlikely, if marks.) with only one Senator voting against not impossible, that we are going to re- Mr. RUSH. I want to thank the gen- it. So no one should be surprised at port out a bill here today that will be tlewoman from New York for yielding what was in the text of the Senate- the same as what the Senate did last me this time. passed bill. night. That is not going to happen. So Mr. Speaker, I rise in opposition to The difference between the Senate- I will be anxiously waiting to see what the bill that is before us and to this passed bill and what I hope we will be our leadership does in terms of making closed rule. considering after this rule passes is sure we have a conference. That is the From the very beginning, there has that the negotiations over the last 48 purpose of this dialogue. been little idea as to what this bill hours have taken provisions in the Mr. SENSENBRENNER. The staff of even looks like. This is outrageous, and Senate-passed bill out, and they will the distinguished gentleman from this is dangerous. not be considered in the context of the Michigan, with whom it has been a Mr. Speaker, I cannot forget the substitute amendment that is con- pleasure to work, gave several sugges- abuses of the fourth amendment by tained in this self-executing rule. What tions on how to amend the Senate bill Federal agencies in the not so distant has been placed into the Senate-passed to my staff, many of which are incor- past. bill were ideas that were either adopted porated in the amendment in the na- Mr. Speaker, it is an indisputable by the Committee on the Judiciary ture of a substitute, the most impor- fact that during the 1970s, the FBI kept when we marked up H.R. 2975 or modi- tant of which is a 3-year sunset with a information in its files covering the be- fications that were suggested by both 2-year extender which was the idea of liefs and activities of at least 1 in every majority party members and minority the gentleman from Michigan and was 400 Americans. It is a fact that the FBI party members. So there should be no a good one and is incorporated in the Director, J. Edgar Hoover, created the surprise because those modifications self-executing amendment. COINTEL program whereby they spied have been suggested and shared with Mr. CONYERS. I am happy about this on and violated the constitutional both sides of the aisle on the com- great coordination between staffs, but I rights of thousands of American citi- mittee. want a conference, and staffs do not zens. It is a fact that during the 1960s, Given the fact that we are really not control conferences. Let us look at the U.S. Army created files on about dealing with new ideas here and we are where we find ourselves. 100,000 civilians. It is a fact that be- dealing with ideas that have been out Ms. SLAUGHTER. Mr. Speaker, I tween 1953 and 1973, the CIA opened and on the table for at least a week, either yield 11⁄2 minutes to the gentleman photographed almost 250,000 first class in this body or the other body, the from Oregon (Mr. WU). letters within the United States, and question comes, when are we going to Mr. WU. I thank the gentlewoman from these photographs it created a vote on an antiterrorism bill? This rule from New York for yielding me this database of over 1.5 million names. allows us to vote on the antiterrorism time. Mr. Speaker, it is a fact that great bill today, like the other body voted on Mr. Speaker, in the Revolutionary Americans, such as Dr. Martin Luther the antiterrorism bill last night. War, 4,435 Americans died. In the Civil King, Jr. were subjected to illegal and

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.031 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6717 frivolous wiretaps by the FBI. And, Mr. Mr. Speaker, as a member of the that we should be considering one Speaker, it is a fact that amongst the House Committee on the Judiciary, I month after the incident at the World most absurd Federal wiretaps have was honored to participate in the cre- Trade Center, after that tragedy, one been those extended to Members of ation of a historic bipartisan com- month later, we should bring the air- Congress. promise bill that emerged unanimously port security bill to the floor. It passed Mr. Speaker, temporary or not, this from the Committee on the Judiciary the other body unanimously, but it has is very dangerous ground that we are by a vote of 36 to 0. I would like to been languishing here for weeks; and it treading on; and without a balanced, commend the gentleman from Wis- is stuck because some elements of the open and fair process, I feel that we consin (Chairman SENSENBRENNER) for Republican leadership do not want to may not be living up to the promise his extraordinary leadership on what is federalize airline security, even though that all Americans have made to pre- typically one of the most divisive com- many in their own party, almost all serve the things which make America mittees on Capitol Hill. I also would Democrats, and the American people great. I fear that we may be returning commend the chairman for his collec- are fully behind that commonsense to the dark days of McCarthyism and tive wisdom in negotiating a com- proposal. Hooverism. promise that we could bring to the Instead, we come to the floor with a Mr. Speaker, I oppose the rule and floor today to enable the authorities of bill that is important, but that comes the underlying bill. the United States of America to do the through a process in which Members b 1300 job that the American people expect have not even had the chance to read this bill. The bill that was developed in Ms. SLAUGHTER. Mr. Speaker, I them and count on them to do. Mr. Speaker, because of the attacks a bipartisan effort out of the com- yield 2 minutes to the gentleman from of September 11, and with the events mittee does not come to the floor, but Michigan (Mr. CONYERS). Mr. CONYERS. Mr. Speaker, my ap- that are scrolling across television is slain in the Committee on Rules. What is sent here is not the bipar- peal at this point is for us to consider screens in America at this very hour, tisan work of Democrats and Repub- whether we want to adopt the rule. Let Congress should act now, today, to em- licans. Surveillance is important, the us set aside the question of the under- power our law enforcement authorities immigration provisions are important; lying bill and all the problems it gen- to protect our citizens. but you will not secure one American erates. Compromises have to be made. In- What about the rule? No amend- creased safety and security will require today in the air of this country, in the ments, one substitute. Is that the way sacrifices for the American public. Air- security of people flying in this coun- we really want to pass on the most line customers are subjected to more try. comprehensive, sweeping law enforce- intrusive questioning. Aliens suspected We could take 3 days to bail out the ment extending legislation coming out of terrorism will be detained for longer airline industry, but 30 days later we of the Committee on the Judiciary for periods of time. cannot give the people of this country years and years? I think not. For those But these compromises, Mr. Speaker, the security that they can fly on those reasons, I would ask that we consider I want to emphasize, do not represent planes. We do not have all the air mar- sending it back to the distinguished an infringement on the constitutional shals that we need, we do not have the committee from which it came. rights of American citizens. Many of federalization of the security screeners, Why? Well, there is no money laun- the expanded powers here, as we know, having the force and professionalism dering discussion. There is no provision are sunsetted 3 years and extended 5 that is needed. We are not checking all for money laundering in the bill that is years to be reviewed that they might of that baggage. We are not having in the House. What are we to do? Are not be permanent once this time of those cockpit doors fully reinforced. you going to ask us to do this in con- trial passes. One month later, there is no answer. ference, or should we not have some ap- As we proceed into this debate and We need to have an airline security bill proach toward this very serious inter- ultimately a vote today on this anti- today. We cannot leave this Congress national question that the administra- terrorism package, it is absolutely nec- this weekend until we do. Ms. SLAUGHTER. Mr. Speaker, I am tion itself has spent a great amount of essary that the American people know happy to yield 1 minute to the gen- time dealing with and pointing out its that the updated wiretapping laws, the tleman from Missouri (Mr. GEPHARDT), relationship to terrorism, to drug run- enhanced information-sharing laws are the minority leader of the House. ning and illegal financing of activities not the real threat to the American (Mr. GEPHARDT asked and was around the world, and especially in this public or to the Constitution. Terror- given permission to revise and extend country? ists are. It is the terrorist criminals, So I ask Members to consider this. who respect no law and no constitu- his remarks.) Now we have the sunset provision. tion, who threaten our way of life. Mr. GEPHARDT. Mr. Speaker, first I Well, we have got a modified sunset I urge my colleagues to support the want to thank my colleagues, the gen- provision. We need not go beyond 2 adoption of this bill to give our law en- tleman from Wisconsin (Mr. SENSEN- years. Let us just talk about this plain forcement authorities the ability to BRENNER), and the gentleman from out. We need to examine that. That is protect our freedoms and preserve our Michigan (Mr. CONYERS), for leading us what the Committee on the Judiciary way of life. in a united way to help win this war bill, with equal numbers of Republicans May America arise and its enemies against terror. I rise to commend all of and Democrats, voted out only 3 days be scattered. the members of the Committee on the ago. Ms. SLAUGHTER. Mr. Speaker, I Judiciary for their work in the com- Ms. SLAUGHTER. Mr. Speaker, yield 2 minutes to the gentleman from mittee on this bill. I am disappointed could I inquire how much time we have New Jersey (Mr. MENENDEZ). in the breakdown in bipartisanship remaining? (Mr. MENENDEZ asked and was that has happened and the breakdown The SPEAKER pro tempore (Mr. given permission to revise and extend in the real collaboration that I think LAHOOD). The gentlewoman from New his remarks.) went on on the committee on this im- York (Ms. SLAUGHTER) has 5 minutes, Mr. MENENDEZ. Mr. Speaker, the portant piece of legislation. and the gentleman from Florida (Mr. American people have a right to expect I want to say to the Members that I DIAZ-BALART) has 20 minutes remain- that their top priority will be our top have had the feeling in the last days ing. priority. We are sent here to represent that we have begun on bills like this Mr. DIAZ-BALART. Mr. Speaker, I them and to address their concerns. one to have real meaningful collabora- yield 2 minutes to the distinguished And as far as America is concerned tion and that that is what we are sup- gentleman from Indiana (Mr. PENCE). right now, security, security, is job posed to do here. We are supposed to Mr. PENCE. Mr. Speaker, I thank the one. honestly and rationally meet with one gentleman for yielding me time. So if we want to do something today, another, communicate with one an- Mr. Speaker, I rise in strong support right now, to make America safer, not other, compromise with one another to of the rule and the PATRIOT Act of tomorrow, but right now, to make reach consensus solutions on impor- 2001. America safer, the rule and the bill tant problems, and the gentleman from

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.034 pfrm01 PsN: H12PT1 H6718 CONGRESSIONAL RECORD — HOUSE October 12, 2001 Wisconsin (Mr. SENSENBRENNER) and them an answer for why we have not consin (Mr. SENSENBRENNER) can ac- the gentleman from Michigan (Mr. done this. There is no good answer. A cept it, and if the majority in the other CONYERS) did exactly that on this com- minority of the majority is stopping us body can accept it, by God, I can, be- mittee. from taking this up because they do cause the crisis is now. Congress must But now their work and the work of not like the outcome on the bill, just show bipartisanship, and if we do not the gentleman from Georgia (Mr. like somebody did not like the out- do it on this, this is the vehicle, when BARR) and the gentleman from Virginia come on this bill out of the Committee do we do it? But let us get at Federal (Mr. SCOTT) and others, which was an on the Judiciary. buildings, let us get at airports, and let alliance that represented compromise, Mr. Speaker, it is time for the major- us get at that issue of Palestinian that is the way this Congress has to ity, a nonpartisan majority of this homeland. That, I say to my col- perform in this moment of national House of Representatives, to work its leagues, is a responsibility we should crisis, has been put aside, because will in the people’s interest. I beg the undertake with a sincere heart to help someone else wants a different solu- leadership of this House, bring up air- all of our friends. tion. line security today, and bring up the Ms. SLAUGHTER. Mr. Speaker, I I have no problem with disagreement. Judiciary-passed bill on anti-terrorism yield myself the remaining time. What I have a problem with is not hon- next week. Mr. Speaker, if we are going to rush oring honest compromise reached hon- Mr. DIAZ-BALART. Mr. Speaker, I legislation to the floor, most of our orably through hard work and effort. I yield 3 minutes to my good friend, the constituents want us to bring up a bill salute the Members who did that, and I gentleman from Ohio (Mr. TRAFICANT). providing for increased airline secu- wish that we were talking about the (Mr. TRAFICANT asked and was rity, and not a bill that deals with cur- bill today that they presented. But it given permission to revise and extend tailing civil liberties. Every Member of has been upset, and we are prevented his remarks.) the House knows that Americans are now from doing what we ought to be Mr. TRAFICANT. Mr. Speaker, we concerned about the safety of our air- doing; and I am sorry about that. I am have heard words of wisdom on this lines and demonstrating that fear by honestly depressed and sorry that we floor from the gentleman from Michi- curtailing their flights. This is truly are not acting in the highest manner. gan (Mr. CONYERS) and from the gen- hurting the economy and affecting But I also rise today to say that even tleman from Missouri (Mr. GEPHARDT). hundreds of thousands of American that bill, which would have been bet- We have also heard words of wisdom workers and their families. ter, should not be the bill that is on the from the gentleman from Wisconsin floor today. Today on this floor we In the month since the tragedy of (Mr. SENSENBRENNER). should have a debate and a vote on September 11, the leadership of the Let me remind this body that the strengthening aviation security in this House has failed to bring up legislation other body is controlled by Democrats, country, to federalize screeners and put to help those workers and to bring up and the bill we will take up passed 99 air marshals on every flight. legislation that would demonstrably Last night the Senate passed 100 to 0, to 1. Let me caution Congress, though, increase security for the airlines. It 100 to 0, it does not happen very often, that we have trophies sitting there in seems to me that we must do that and 100 to 0, a strong aviation bill to give the form of Federal buildings that are do it quickly, Mr. Speaker. people maximum security on the still yet not protected, because the Therefore, I will ask for a ‘‘no’’ vote ground and in the air. other body did not act last year on leg- on the previous question in order that Right now we are seeing vigilante islation that we passed. I might be able to offer an amendment committees set up ad hoc to go after Yes, our airports do need help; but I to the rule. My amendment will pro- hijackers if it happens on an airplane. want to mention something today, be- vide that immediately after the House Yesterday I read in the newspaper that cause I believe all the money we spend, passes the antiterrorism bill, that it air travelers are steeling themselves all the bills we pass, all the speeches take up the airline safety bill drafted for attacks. They make pacts in their we make, and all our good intentions by the ranking member of the Com- seats to fight hijackers if they should and all the security at the airport and mittee on Transportation based on wind up on their flights. One man, 245 all the increased money we spend on weeks of consultations with his coun- pounds, an ex-football player, said, It enforcement will not stop terrorism. terparts in the majority and in the would be a bad idea for someone to try b 1315 Senate. In addition, my amendment to hijack a plane when I am on it. I would bring this bill up under an open Congress must look at the com- will tell you that, he said. I think the rule so that every Member can express prehensive problem that faces the American citizenry as a whole, he said their view about what needs to be done. world, faces America, and faces our Wednesday, are pretty pumped up It is true that this bill has not been about this right now. ally in Israel as well, even though I available to Members so that they Well, I applaud vigilance, and I ap- have been called many times even an might know what it contains; but un- plaud courage, and I believe in the anti-Semite. The President has come like the antiterrorism bill, it does not courage of the American people; and I forth with a very bold opportunity for affect our civil liberties and our rights am in awe of the people on the plane Congress to embrace, a lasting resolu- as American citizens. It does affect our who crashed in Pennsylvania who tried tion to minimize terrorism that has safety and the safety of all Americans to save lives. They died so that others been exported to America, and he is who fly. It does affect the ability of could live. But while we need vigilance, right, and he had the courage to say it. workers to reclaim their jobs lost as a we do not need vigilantes; and that is It is time to look at a homeland for the result of the airline shutdown and the what we are going to have until we get Palestinian people. subsequent fall-off in traffic. This is on with this business of taking care of So while we bite at the edges, while the legislation we should rush to pass. airport and airline security. we play with the factors, while we mas- The Senate passed it yesterday and the As the gentleman from New Jersey sage the initiatives, we at some point sooner we get it to the President’s (Mr. MENENDEZ) just said, 3 days is all are going to have to deal with basic desk, the sooner the airline industry it took us to financially deal with the issues. Israel will not be safe, our ally, will be able to recover from the horren- airlines’ problems, and I voted for it and neither will America, that has now dous and heinous acts committed last and I was for it. But the truth is, at the seen the export of that violence. That month. same time we did that, we should have is not a victory for bin Laden. There Mr. Speaker, I urge a ‘‘no’’ vote on been dealing with airline and airport will be another thousand bin Ladens. the previous question and a ‘‘no’’ vote security. We need it done profes- Go after bin Laden, but now let us take on the rule. a look at the wisdom that has come sionally. We need trained professional I will include for the RECORD at this Federal law enforcement officers. That from the White House, some courage time the text of my amendment. is the bill that we ought to be taking that has come from the White House. Providing for consideration of the bill up today. So today I am going to vote not only (H.R. 2975) to combat terrorism, and for We have got to go home this weekend for this rule, I am going to vote for this other purposes, and a bill relating to the im- and face our constituents and give bill. And if the gentleman from Wis- provement of aviation security.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.038 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6719

Resolved, That upon the adoption of this ‘‘(c) LIMITATION ON PECUNIARY INTERESTS.— ‘‘(D) to acquire (by purchase, lease, con- resolution it shall be in order without inter- The Under Secretary may not have a pecu- demnation, or otherwise) and to construct, vention of any point of order to consider in niary interest in, or own stock in or bonds repair, operate, and maintain research and the House the bill (H.R. 2975) to combat ter- of, a transportation or security enterprise, testing sites and facilities; and rorism, and for other purposes. The bill shall or an enterprise that makes equipment that ‘‘(E) in cooperation with the Administrator be considered as read for amendment. In lieu could be used for security purposes. of the Federal Aviation Administration and of the amendment recommended by the Com- ‘‘(d) FUNCTIONS.—The Under Secretary the heads of other Administrations in the mittee on the Judiciary now printed in the shall be responsible for security in all modes Department of Transportation, to utilize the bill, an amendment in the nature of a sub- of transportation, including— research and development facilities of those stitute consisting of the text of H.R. 3108 ‘‘(1) carrying out chapter 449, and section Administrations, including the facilities of shall be considered as adopted. All points of 40119, relating to civil aviation security; and the Federal Aviation Administration located order against the bill, as amended, are ‘‘(2) security responsibilities over nonavia- in Atlantic City, New Jersey. waived. The previous question shall be con- tion modes of transportation that are exer- ‘‘(2) TITLE.—Title to any property or inter- sidered as ordered on the bill, as amended, to cised by Administrations of the Department est therein acquired pursuant to this sub- final passage without intervening motion ex- of Transportation (other than the Federal section shall be held by the Government of cept: (1) One hour of debate on the bill, as Aviation Administration). the United States. DDITIONAL UTIES AND OWERS amended, equally divided and controlled by ‘‘(e) A D P .—In ‘‘(g) TRANSFERS OF FUNDS.—The Under Sec- the chairman and ranking minority member addition to carrying out the functions speci- retary is authorized to accept transfers of of the Committee on the Judiciary; and (2) fied in subsection (d), the Under Secretary unobligated balances and unexpended bal- one motion to commit with or without in- shall— ances of funds appropriated to other Federal structions. ‘‘(1) receive, assess, and distribute intel- agencies (as such term is defined in section Sec. 2. Immediately after disposition of ligence information related to transpor- 551(1) of title 5) to carry out functions trans- H.R. 2975, the Speaker shall declare the tation security; ferred, on or after the date of enactment of House resolved into the Committee of the ‘‘(2) assess threats to transportation; this section, by law to the Under Secretary. Whole House on the state of the Union for ‘‘(3) develop policies, strategies, and plans ‘‘(h) REGULATIONS.— consideration of a bill consisting of the text for dealing with threats to transportation se- ‘‘(1) IN GENERAL.—The Under Secretary is printed in section 3. The first reading of the curity; authorized to issue, rescind, and revise such bill shall be dispensed with. All points of ‘‘(4) make other plans related to transpor- regulations as are necessary to carry out the order against consideration of the bill are tation security, including coordinating coun- functions of the Administration. waived. General debate shall be confined to termeasures with appropriate departments, ‘‘(2) FACTORS TO CONSIDER.—In determining the bill and shall not exceed one hour equal- agencies, and instrumentalities of the United whether to issue, rescind, or a revise a regu- ly divided and controlled by the chairman States Government; lation under this section, the Under Sec- and ranking minority member of the Com- ‘‘(5) serve as the primary liaison for trans- retary shall consider, as one factor in the mittee on Transportation and Infrastruc- portation security to the intelligence and final determination, whether the costs of the ture. After general debate the bill shall be law enforcement communities; regulation are excessive in relation to the considered for amendment under the five- ‘‘(6) on a day-to-day basis, manage and pro- enhancement of security the regulation will minute rule. The bill shall be considered as vide operational guidance to the field secu- provide. In making such determination, the read. At the conclusion of consideration of rity resources of the Administration, includ- Under Secretary shall not undertake a cost the bill for amendment the Committee shall ing Federal Security Managers as provided benefit analysis that places a monetary rise and report the bill to the House with by section 44933; value on human life or attempts to estimate such amendments as may have been adopted. ‘‘(7) enforce security-related regulations the number of lives that will be saved by the The previous question shall be considered as and requirements; regulation. ordered on the bill and amendments thereto ‘‘(8) identify and undertake research and ‘‘(3) LIMITATION.—The Under Secretary to final passage without intervening motion development activities necessary to enhance shall not decide against issuing a regulation except one motion to recommit with or with- transportation security; under this section because the regulation out instructions. ‘‘(9) inspect, maintain, and test security fa- fails to satisfy a quantitative cost-benefit Sec. 3 [insert text here] cilities, equipment, and systems; test. H.R. — ‘‘(10) ensure the adequacy of security meas- ‘‘(4) EMERGENCY PROCEDURES.— Be it enacted by the Senate and House of Rep- ures for the transportation of mail and ‘‘(A) IN GENERAL.—Notwithstanding any resentatives of the United States of America in cargo; other provision of law or executive order (in- Congress assembled, ‘‘(11) oversee the implementation, and en- cluding an executive order requiring a cost- SECTION 1. SHORT TITLE; AMENDMENTS TO sure the adequacy, of security measures at benefit analysis) if the Under Secretary de- TITLE 49, UNITED STATES CODE. airports; termines that a regulation or security direc- (a) SHORT TITLE.—This Act may be cited as ‘‘(12) oversee the implementation, and en- tive must be issued immediately in order to the ‘‘Transportation Security Enhancement sure the adequacy, of background checks for protect transportation security, the Under Act of 2001’’. airport security screening personnel, individ- Secretary shall issue the regulation or secu- (b) AMENDMENTS TO TITLE 49, UNITED uals with unescorted access to secure areas rity directive without providing notice or an STATES CODE.—Except as otherwise specifi- of airports, and other transportation secu- opportunity for comment. cally provided, whenever in this Act an rity personnel; ‘‘(B) REVIEW BY TRANSPORTATION SECURITY amendment or repeal is expressed in terms of ‘‘(13) develop standards for the hiring, OVERSIGHT BOARD.—Any regulation or secu- an amendment to, or repeal of, a section or training, and retention of airport security rity directive issued under this paragraph other provision of law, the reference shall be screening personnel; and shall remain effective unless disapproved by considered to be made to a section or other ‘‘(14) carry out such other duties, and exer- the Transportation Security Oversight Board provision of title 49, United States Code. cise such other powers, relating to transpor- established under section 44951 or rescinded SEC. 2. TRANSPORTATION SECURITY ADMINIS- tation security as the Under Secretary con- TRATION. by the Under Secretary. siders appropriate, to the extent authorized ‘‘(i) PERSONNEL AND SERVICES; COOPERA- (a) IN GENERAL.—Chapter 1 is amended by by law. TION BY UNDER SECRETARY.—In carrying out adding at the end the following: ‘‘(f) ACQUISITIONS.— the functions of the Administration, the ‘‘§ 114. Transportation Security Administra- ‘‘(1) IN GENERAL.—The Under Secretary is Under Secretary shall have the same author- tion authorized— ity as is provided to the Administrator of the ‘‘(a) IN GENERAL.—The Transportation Se- ‘‘(A) to acquire (by purchase, lease, con- Federal Aviation Administration under sub- curity Administration shall be an adminis- demnation, or otherwise) such real property, sections (l) and (m) of section 106. tration of the Department of Transportation. or any interest therein, within and outside ‘‘(j) ACQUISITION MANAGEMENT SYSTEM.— ‘‘(b) UNDER SECRETARY.— the continental United States, as the Under The acquisition management system estab- ‘‘(1) APPOINTMENT.—The head of the Ad- Secretary considers necessary; lished by the Administrator of the Federal ministration shall be the Under Secretary of ‘‘(B) to acquire (by purchase, lease, con- Aviation Administration under section 40110 Transportation for Security. The Under Sec- demnation, or otherwise) and to construct, shall apply to acquisitions of equipment and retary shall be appointed by the President, repair, operate, and maintain such personal materials by the Transportation Security by and with the advice and consent of the property (including office space and patents), Administration, except that subject to the Senate. or any interest therein, within and outside requirements of such section, the Under Sec- ‘‘(2) QUALIFICATIONS.—The Under Secretary the continental United States, as the Under retary may make such modifications to the must— Secretary considers necessary; acquisition management system with re- ‘‘(A) be a citizen of the United States; and ‘‘(C) to lease to others such real and per- spect to such acquisitions of equipment and ‘‘(B) have experience in a field directly re- sonal property and to provide by contract or materials as the Under Secretary considers lated to transportation or security. otherwise for necessary facilities for the wel- appropriate.’’. ‘‘(3) TERM.—The term of office of an indi- fare of employees of the Administration and (b) CONFORMING AMENDMENT.—The analysis vidual appointed as the Under Secretary to acquire maintain and operate equipment for chapter 1 is amended by adding at the shall be 5 years. for these facilities; end the following:

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.006 pfrm01 PsN: H12PT1 H6720 CONGRESSIONAL RECORD — HOUSE October 12, 2001 ‘‘114. Transportation Security Administra- United States, with the consent of the head their jobs; except that the Under Secretary tion.’’. of the department, agency, or instrumen- shall ensure that the procedures developed to (c) POSITION OF UNDER SECRETARY IN EXEC- tality. protect employees are consistent with the UTIVE SCHEDULE.—Section 5313 of title 5, ‘‘(c) TRANSITION PERIOD.— need to maintain security at all times and, United States Code, is amended by adding at ‘‘(1) IN GENERAL.—As soon as practicable, in establishing the procedures, shall consider the end the following: but not later than the last day of the 1-year the procedures established in private sector ‘‘The Under Secretary of Transportation period beginning on the date of enactment of firms for employees with important safety for Security’’. the Transportation Security Enhancement and security responsibilities. (d) REFERENCES TO FAA IN CHAPTER 449.— Act of 2001, the Under Secretary shall carry SEC. 6. SECURITY PROGRAMS. Chapter 449 is amended— out the screening function under subsection Section 44903(c) is amended— (1) in section 44904(b)(5) by striking ‘‘the (a) using solely Federal security screening (1) in the first sentence of paragraph (1) by Administration’’ and inserting ‘‘the Trans- personnel described in subsection (b). In such inserting after ‘‘at each of those airports’’ portation Security Administration’’; 1-year period, screening functions may be the following: ‘‘, including at each location (2) in the second sentence of section performed by personnel other than Federal at those airports where passengers are 44913(a)(1) by striking ‘‘of the Administra- security screening personnel (including per- screened,’’; tion’’ and inserting ‘‘of the Transportation sonnel provided by a contractor under an (2) in paragraph (2)(C)(i) by striking ‘‘shall Security Administration’’; agreement with the Under Secretary). Dur- issue an amendment to air carrier security (3) in section 44916(a)— ing such 1-year period, the Under Secretary programs to require’’ and inserting ‘‘shall re- (A) in the first sentence by striking ‘‘Ad- shall begin to assign Federal security screen- quire’’; and ministrator’’ and inserting ‘‘Under Secretary ing personnel to airports as soon as prac- (3) by adding at the end the following: of Transportation for Security’’; and ticable. ‘‘(3) ANNUAL REVIEW AND APPROVAL.—On an (B) in the second sentence by striking ‘‘Ad- ‘‘(2) RESPONSIBILITIES OF AIR CARRIERS.—In annual basis, the Administrator shall review, the 1-year period referred to in paragraph (1), ministration’’ and inserting ‘‘Transportation and approve or disapprove, the security pro- until otherwise directed by the Under Sec- Security Administration’’; gram of an airport operator.’’. retary, an air carrier, intrastate air carrier, (4) in each of sections 44933(a) and 44934(b) SEC. 7. EMPLOYMENT STANDARDS AND TRAIN- or foreign air carrier shall continue to carry by striking ‘‘Assistant Administrator for ING. out the screening of passengers and their Civil Aviation Security’’ and inserting (a) EMPLOYMENT STANDARDS.—Section property in accordance with the require- ‘‘Under Secretary’’; 44935(a) is amended— ments of this section (including regulations (5) in section 44934(b)(1) by striking ‘‘As- (1) in the first sentence by inserting ‘‘, per- issued to carry out this section), as in effect sistant Administrator’’ and inserting ‘‘Under sonnel (including Federal employees) who on the day before the date of enactment of Secretary’’; screen passengers and property,’’ after ‘‘air the Transportation Security Enhancement (6) by striking sections 44931 and 44932 and carrier personnel’’; Act of 2001. During the period in which car- the items relating to such sections in the (2) by striking ‘‘and’’ at the end of para- riers continue to be responsible for such analysis for such chapter; graph (4); screening, the Under Secretary shall use (7) by striking ‘‘Administrator’’ each place (3) by striking the period at the end of Federal security screening personnel to sup- it appears in such chapter (except in sub- paragraph (5) and inserting a semicolon; and plement the screening personnel provided by sections (f) and (h) of section 44936) and in- (4) by adding at the end the following: the carriers and oversee the screening proc- serting ‘‘Under Secretary’’; ‘‘(6) citizenship requirements, including re- ess as necessary to ensure the safety and se- (8) by striking ‘‘Administrator’s’’ each quirements consistent with section 44901(b), curity of operations. place it appears in such chapter and insert- when appropriate; and ‘‘(3) ASSIGNMENT OF CONTRACTS.—Upon re- ing ‘‘Under Secretary’s’’; and ‘‘(7) minimum compensation levels, when quest of the Under Secretary, an air carrier, (9) by striking ‘‘of the Federal Aviation appropriate.’’. intrastate air carrier, or foreign air carrier Administration’’ each place it appears in (b) EMPLOYMENT STANDARDS FOR SCREEN- carrying out a screening function described such chapter (except in section 44936(f)) and ERS.—Section 44935 is amended by adding at in subsection (a) may enter into an agree- inserting ‘‘of Transportation for Security’’. the end the following: ment with the Under Secretary to transfer ‘‘(g) TRAINING FOR ALL SCREENERS, SUPER- SEC. 3. REVIEW AND RECOMMENDATION. any contract the carrier has entered into VISORS, AND INSTRUCTORS.— (a) COMMENCEMENT OF REVIEW.—Not later with respect to carrying out such function. ‘‘(1) IN GENERAL.—The Under Secretary than 6 months after the date of enactment of In entering into any such agreement, the shall require any individual who screens pas- this Act, the President shall commence a re- Under Secretary shall include such terms sengers and property pursuant section 44901, view of whether security would be enhanced and conditions as are necessary to ensure and the supervisors and instructors of such by transfer of the Transportation Security that the Under Secretary has the authority individuals, to have satisfactorily completed Administration to another Department or to oversee performance of the contractor, to all initial, recurrent, and appropriate spe- Office in the United States Government. supervise personnel carrying out screening cialized training necessary to ensure compli- (b) REPORT.—Not later than 1 year after ance with the requirements of this section. the date of enactment, the President shall at an airport, and to require the replacement ‘‘(2) ON-THE-JOB PORTION OF SCREENER’S report to Congress on the conclusions of unsatisfactory personnel.’’. TRAINING.—Notwithstanding paragraph (1), reached in the review and on recommenda- SEC. 5. SPECIAL PERSONNEL SYSTEM FOR SCREENERS. the Under Secretary may permit an indi- tions for any legislation needed to carry out (a) DEVELOPMENT.—The Under Secretary of vidual, during the on-the-job portion of a recommended change. Transportation for Security shall develop a training, to perform security functions if the SEC. 4. IMPROVED PASSENGER SCREENING personnel system for screeners employed by individual is closely supervised and does not PROCESS. the Transportation Security Administration make independent judgments as to whether Section 44901 of title 49, United States governing such matters as their compensa- persons or property may enter secure areas Code, is amended to read as follows: tion and benefits and the authority of the or aircraft or whether cargo or mail may be ‘‘§ 44901. Screening passengers and property Administration to suspend or terminate such loaded aboard aircraft without further in- ‘‘(a) IN GENERAL.—The Under Secretary of employees. spection. Transportation for Security shall be respon- (b) GUIDING PRINCIPLES.—In developing the ‘‘(3) EFFECT OF SCREENER’S FAILURE OF OP- sible for the screening of all passengers and personnel system, the Under Secretary— ERATION TEST.—The Under Secretary may property that will be carried in an aircraft in (1) shall not be required to follow laws and not allow an individual to perform a screen- air transportation or intrastate air transpor- regulations governing Federal civil service ing function after the individual has failed tation and for issuing implementing regula- employees or other Federal employees; and an operational test related to that function tions. The screening must take place before (2) shall be guided by the following prin- until the individual has successfully com- boarding of such passengers and loading of ciples: pleted remedial training.’’. property and be carried out by security (A) the need to establish levels of com- (c) MINIMUM EMPLOYMENT STANDARDS FOR screening personnel using equipment and pensation which will attract employees with SCREENING PERSONNEL.—Beginning on the processes approved for that purpose by the competence and expertise comparable to 30th day following the date of enactment of Under Secretary. other Federal inspectors and law enforce- this Act, subject to subsection (d), the fol- ‘‘(b) FEDERAL SECURITY SCREENING PER- ment personnel; lowing requirements, at a minimum, shall SONNEL.—Except as provided in subsection (B) the need for the Administration to apply to an individual (including a Federal (c), the Under Secretary shall carry out the have suspension and termination authority employee) who screens passengers or prop- screening function under subsection (a) which will ensure that security will not be erty, or both (in this subsection referred to using— compromised and that the screener work as a ‘‘screener’’). ‘‘(1) employees of the Transportation Secu- force will be composed of employees with a (1) EDUCATION.—A screener shall have a rity Administration who are citizens of the high level of competence and dedication to high school diploma, a general equivalency United States; or their responsibilities; and diploma, or a combination of education and ‘‘(2) employees of another department, (C) the need for employees to be protected experience that the Under Secretary has de- agency, or instrumentality of the United against arbitrary or unsubstantiated deci- termined to have equipped the individual to States Government who are citizens of the sions which result in the permanent loss of perform the duties of the screening position.

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(2) BASIC APTITUDES AND PHYSICAL ABILI- ‘‘(3) provide for appropriate training, su- area, including full background and criminal TIES.—A screener shall have basic aptitudes pervision, and equipment of Federal air mar- history record checks and checks of Federal and physical abilities (including color per- shals; security databases; ception, visual and aural acuity, physical co- ‘‘(4) require air carriers providing flights ‘‘(E) maximizing use of enhanced tech- ordination, and motor skills) and shall described in paragraph (1) to provide seating nology, such as biometrics, to positively have— for a Federal air marshal on any such flight verify the identity of persons entering a se- (A) the ability to identify the components without regard to the availability of seats on cured area; and that may constitute an explosive or an in- the flight; ‘‘(F) improving procedures to ensure that cendiary device; ‘‘(5) establish procedures to ensure that identification cards which are revoked can- (B) the ability to identify objects that ap- Federal air marshals are made aware of any not be utilized. pear to match those items described in all armed or unarmed law enforcement per- ‘‘(4) Develop alternative sources of explo- current regulations, security directives, and sonnel on a flight; sive detection equipment for screening bag- emergency amendments; ‘‘(6) establish a program to permit Federal, gage, mail, and cargo and maximize the use (C) for screeners operating X-ray and ex- State, and local law enforcement officers to of such equipment by ensuring that equip- plosives detection system equipment, the be trained to participate in the Federal air ment already installed at an airport is used ability to distinguish on the equipment mon- marshals program of the Administration as to its full capacity and by developing and itors the appropriate images; volunteers when such officers are otherwise implementing a program to purchase addi- (D) for screeners operating any screening traveling in an aircraft operated by an air tional equipment so that, not later than 3 carrier; and equipment, the ability to distinguish each years after the date of enactment of this sec- ‘‘(7) in establishing the qualifications for color displayed on every type of screening tion, all baggage, mail, and cargo will be in- positions as Federal air marshals, establish a equipment and explain what each color sig- spected by such equipment. maximum age for initial employment which nifies; ‘‘(5) Establish a uniform system of identi- is high enough to allow qualified retiring law (E) the ability to hear and respond to the fication for all State and local law enforce- spoken voice and to audible alarms gen- enforcement officials to fill such positions. ‘‘(b) FLIGHTS IN FOREIGN AIR TRANSPOR- ment personnel to use in obtaining permis- erated by screening equipment in an active sion to carry weapons in aircraft cabins and checkpoint or other screening environment; TATION.—The Under Secretary shall work with appropriate aeronautic authorities of in obtaining access to a secured area of an (F) for screeners performing manual foreign governments under section 44907 to airport. searches or other related operations, the address security concerns on passenger ‘‘(6) Work with intelligence and law en- ability to efficiently and thoroughly manip- flights in foreign air transportation. forcement agencies to develop procedures to ulate and handle such baggage, containers, ‘‘(c) INTERIM MEASURES.—Until the Under ensure that air carrier and airport systems cargo, and other objects subject to security Secretary completes implementation of sub- have necessary law enforcement and na- processing; section (a), the Under Secretary may use, tional security intelligence data, to enhance (G) for screeners performing manual after consultation with the heads of other the effectiveness of their security programs. searches of cargo, the ability to use tools Federal agencies and departments, personnel ‘‘(7) Ensure that the Computer Assisted that allow for opening and closing boxes, from those agencies and departments, on a Passenger Pre-Screening System of the crates, or other common cargo packaging; reimbursable or nonreimbursable basis, to Transportation Security Administration in- (H) for screeners performing screening of provide air marshal service.’’. cludes necessary intelligence information, is cargo, the ability to stop the transfer of sus- (b) CONFORMING AMENDMENT.—The analysis used to evaluate all passengers before they pect cargo onto passenger air carriers; and for chapter 449 is amended by adding after board an aircraft, and includes procedures to (I) for screeners performing pat-down or the item relating to section 44916 the fol- ensure that selectees of such system and hand-held metal detector searches of per- lowing: their carry-on and checked baggage are ade- sons, sufficient dexterity and capability to ‘‘44917. Deployment of Federal air mar- quately screened. thoroughly conduct those procedures over a shals.’’. ‘‘(8) Restrict carry-on baggage to one piece person’s entire body. SEC. 9. ENHANCED SECURITY MEASURES. of carry-on baggage, plus one personal item, (3) COMMAND OF ENGLISH LANGUAGE.—A (a) IN GENERAL.—Subchapter I of chapter per passenger (including children under the screener shall be able to read, speak, write, 449 is further amended by adding at the end age of 2); except exempt any child safety seat and understand the English language well the following: to be used during a flight to restrain a child enough to— ‘‘§ 44918. Enhanced security measures passenger under 40 pounds or 40 inches and (A) carry out written and oral instructions ‘‘(a) IN GENERAL.—The Under Secretary of any assistive device for a disabled passenger. regarding the proper performance of screen- Transportation shall take the following ac- ‘‘(9) After consultation with the Adminis- ing duties; tions to enhance aviation security: trator of the Federal Aviation Administra- (B) read English language identification ‘‘(1) After consultation with the Adminis- tion, develop procedures and authorize equip- media, credentials, airline tickets, docu- trator of the Federal Aviation Administra- ment for flight crews and cabin crews to use ments, air waybills, invoices, and labels on tion, develop and implement methods to— to defend an aircraft against acts of violence items normally encountered in the screening ‘‘(A) restrict the opening of a cockpit door or piracy. process; during a flight; ‘‘(10) Develop realistic crew training pro- (C) provide direction to and understand ‘‘(B) modify cockpit doors to deny access grams as follows: and answer questions from English-speaking from the cabin to the cockpit; ‘‘(A) No later than 30 days after the date of persons undergoing screening or submitting ‘‘(C) use video monitors or other devices to enactment of this paragraph and in consulta- cargo for screening; and alert pilots in the cockpit to activity in the tion with the Federal Aviation Administra- (D) write incident reports and statements cabin; and tion, appropriate law enforcement, security, and log entries into security records in the ‘‘(D) ensure continuous operation of an air- and terrorism experts, and air carrier, pilot, English language. craft transponder in the event of an emer- and flight attendant representatives, develop (d) MORE STRINGENT EMPLOYMENT STAND- gency. a realistic crew training program to prepare ARDS.—The Under Secretary of Transpor- ‘‘(2) Provide for the installation of tech- crew members for current threat conditions. tation for Security has the authority to im- nology in an aircraft cabin to enable flight ‘‘(B) Require air carriers to train all crew pose at any time more stringent require- crews to discreetly notify the pilots in the members not later than 60 days after such ments to individuals referred to in sub- case of a security breach occurring in the date of enactment. section (c) than those minimum require- cabin. ‘‘(C) Required crew training shall include, ments in subsection (c). ‘‘(3) Enhance security for secured areas of but not be limited to— SEC. 8. DEPLOYMENT OF FEDERAL AIR MAR- airports, including— ‘‘(i) determination of the seriousness of SHALS. ‘‘(A) requiring screening of all persons, ve- any occurrence; (a) IN GENERAL.—Subchapter I of chapter hicles, and other equipment before entry ‘‘(ii) crew communication and coordina- 449 is amended by adding at the end the fol- into a secured area; tion; lowing: ‘‘(B) requiring catering companies and ‘‘(iii) self-defense; other companies whose employees have ac- ‘‘(iv) use of Transportation Security Ad- ‘‘§ 44917. Deployment of Federal air marshals cess to a secured area to develop security ministration approved protection devices as- ‘‘(a) IN GENERAL.—The Under Secretary of programs; signed to crewmembers, including appro- Transportation for Security under the au- ‘‘(C) requiring that all persons, including priate certifications for use of such devices; thority provided by section 44903(d) shall— persons who are accompanied by persons and ‘‘(1) provide for appropriate deployment of holding an identification card, seeking ac- ‘‘(v) psychology of terrorism to cope with Federal air marshals on passenger flights of cess to a secured areas be issued identifica- hijacker behavior and passenger reaction. air carriers in air transportation or intra- tion cards, following background checks, ‘‘(D) Develop a plan for updating the train- state air transportation; criminal history record checks, and checks ing program and retraining crew members as ‘‘(2) provide for appropriate background of Federal security databases; each new security threat becomes known. and fitness checks for candidates for ap- ‘‘(D) revalidating approvals of all persons ‘‘(11) Require training of gate, ticket, and pointment as Federal air marshals; previously authorized to entered a secured curbside agents to respond appropriately

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.008 pfrm01 PsN: H12PT1 H6722 CONGRESSIONAL RECORD — HOUSE October 12, 2001 when the system referred to in paragraph (7) 44901(d). Such costs include salaries and ex- the cockpit, (2) use video monitors or other identifies a passenger as a threat to security. penses, training, and equipment acquisition, devices to alert the cockpit crew to activity ‘‘(12) Establish a toll-free telephone num- operation, and maintenance. in the passenger cabin, and (3) ensure contin- ber for air carrier and airport employees and ‘‘(2) AIR CARRIER FEES.— uous operation of the aircraft transponder in their customers to use to report instances of ‘‘(A) AUTHORITY.—In addition to the fee the event the crew faces an emergency. Such inadequate security. imposed pursuant to paragraph (1), the sums shall remain available until expended. ‘‘(13) Require effective 911 emergency call Under Secretary may impose a fee on air car- ‘‘(c) AIRPORT SECURITY.—There is author- capabilities for telephones serving passenger riers to pay for the costs of providing secu- ized to be appropriated $500,000,000 for fiscal aircraft and trains. rity for air carriers and their passengers and year 2002 to the Secretary to reimburse air- ‘‘(14) In consultation with the Federal crews. port operators for direct costs that such op- Aviation Administration, require that all ‘‘(B) LIMITATION.—The amounts of fees col- erators incurred to comply with new, addi- pilot licenses incorporate a photograph of lected under this paragraph may not exceed, tional, or revised security requirements im- the license holder and appropriate biometric in the aggregate, the amounts paid in cal- posed on airport operators by the Federal imprints. endar year 2000 by air carriers for security Aviation Administration on or after Sep- ‘‘(15) Provide for background checks, described in paragraph (1), adjusted for infla- tember 11, 2001. Such sums shall remain criminal history record checks, and checks tion. available until expended.’’. against Federal security data bases of indi- ‘‘(b) SCHEDULE OF FEES.—In imposing fees (b) CONFORMING AMENDMENT.—The analysis viduals seeking instruction in flying aircraft under subsection (a), the Under Secretary for chapter 449 is amended by adding after that weigh more than 12,500 pounds. shall ensure that the fees are directly related the item relating to section 44939 the fol- ‘‘(16) Require training of employees of a to the Transportation Security Administra- lowing: flight school to recognize suspicious cir- tion’s costs of providing services rendered. ‘‘44940. Authorization of appropriations for cumstances and activities for individuals en- ‘‘(c) LIMITATION ON FEE.—Fees imposed operations.’’. rolling in or attending flight school and to under subsection (a)(1) may not exceed $2.50 (c) SECURITY FACILITY FEES.—Section 40117 notify the Administration. on a 1-way trip in air transportation or is amended by adding at the end the fol- ‘‘(b) REPORT.—Not later than 6 months intrastate air transportation. lowing: after the date of enactment of this section, ‘‘(d) IMPOSITION OF FEE.— ‘‘(l) INCREASED SECURITY.— and annually thereafter, the Under Sec- ‘‘(1) IN GENERAL.—Notwithstanding the ‘‘(1) IN GENERAL.—The Secretary may au- retary shall transmit to Congress a report on procedural requirements of section 553 of thorize an eligible agency to impose an addi- the progress of the Under Secretary in evalu- title 5, the Under Secretary shall impose the tional security facility fee of up to $1 on ating and taking actions under subsection fee under subsection (a)(1), and may impose a each paying passenger of an air carrier or (a), including any legislative recommenda- fee under subsection (a)(2), through the pub- foreign air carrier boarding an aircraft at an tions that the Under Secretary may have for lication of notice of such fee in the Federal airport the agency controls, to reimburse the enhancing transportation security.’’. Register and begin collection of the fee with- agency for direct costs the agency incurs to (b) CONFORMING AMENDMENT.—The analysis in 60 days of the date of enactment of this comply with new, additional, or revised secu- for chapter 449 is amended by inserting after Act, or as soon as possible thereafter. rity requirements imposed on airport opera- the item relating to section 44917 the fol- ‘‘(2) SUBSEQUENT RULEMAKING.—After im- tors by the Federal Aviation Administration lowing: posing a fee in accordance with paragraph on and after September 11, 2001. ‘‘44918. Enhanced security measures.’’. (1), the Under Secretary shall conduct a rule- making proceeding on imposition and collec- ‘‘(2) PROCEDURES.—Notwithstanding any (c) REPEAL OF EXISTING REPORTING RE- tion of the fee in accordance with the re- provisions of this section, the Secretary QUIREMENT.— quirements of section 553 of title 5 and shall shall develop special procedures for approval (1) IN GENERAL.—Section 44938 is amended— issue a final rule to continue or modify im- of any application under this subsection (A) in the section heading by striking ‘‘ Re- position or collection of the fee, or both. which will promptly authorize a fee under ’’ and inserting ‘‘ ’’; and ports Report ‘‘(e) FEES PAYABLE TO UNDER SECRETARY.— this subsection if there is a reasonable basis (B) by striking ‘‘(a) TRANSPORTATION SECU- All fees imposed and amounts collected for concluding that an agency is likely to RITY.—’’ and all that follows through ‘‘(b) under this section are payable to the Under incur increased costs for security require- SCREENING AND FOREIGN AIR CARRIER AND Secretary of Transportation for Security. ments which justify the fee.’’. AIRPORT SECURITY.—The Administrator’’ and ‘‘(f) RECEIPTS CREDITED TO ACCOUNT.—Not- SEC. 13. TRANSPORTATION SECURITY OVER- inserting ‘‘The Under Secretary of Transpor- withstanding section 3302 of title 31, any fee SIGHT BOARD. tation for Security’’. collected under this section— (a) IN GENERAL.—Chapter 449 is amended (2) CHAPTER ANALYSIS.—The analysis for ‘‘(1) shall be credited to a separate account by adding at the end the following: chapter 449 is amended by striking the item established in the Treasury; ‘‘SUBCHAPTER III—TRANSPORTATION relating section 44938 and inserting the fol- ‘‘(2) shall be available immediately for ex- SECURITY OVERSIGHT BOARD lowing: penditure but only to pay the costs of activi- ‘‘§ 44951. Transportation Security Oversight ‘‘44938. Report.’’. ties and services for which the fee is im- Board SEC. 10. CRIMINAL HISTORY RECORD CHECK FOR posed; and ‘‘(a) IN GENERAL.—There is established a SCREENERS AND OTHERS. ‘‘(3) shall remain available until expended. board to be known as a ‘Transportation Se- Section 44936(a) is amended— ‘‘(g) REFUNDS.—The Under Secretary may curity Oversight Board’. (1) in paragraph (1)(E)(iv)(II) by striking refund any fee paid by mistake or any ‘‘(b) MEMBERSHIP.— the period at the end and inserting ‘‘; except amount paid in excess of that required.’’. ‘‘(1) NUMBER AND APPOINTMENT.—The Board that at such an airport, the airport operator, (b) CONFORMING AMENDMENT.—The analysis shall be composed of 5 members as follows: air carriers, and screening companies may for chapter 449 is amended by adding after ‘‘(A) The Secretary of Transportation (or elect to implement the requirements of this the item relating to section 44938 the fol- the Secretary’s designee). subparagraph in advance of the effective lowing: ‘‘(B) The Attorney General (or the Attor- date if the Under Secretary approves of such ‘‘44939. Passenger and baggage screening ney General’s designee). early implementation and if the airport op- fee.’’. ‘‘(C) The Secretary of the Treasury (or the erator, air carriers, and screening companies SEC. 12. AUTHORIZATION OF APPROPRIATIONS Secretary’s designee). amend their security programs to conform FOR OPERATIONS. ‘‘(D) The Secretary of Defense (or the Sec- those programs to the requirements of this (a) IN GENERAL.—Subchapter II of chapter retary’s designee). subparagraph.’’; and 449 is further amended by adding at the end ‘‘(E) One member appointed by the Presi- (2) in paragraph (2) by striking ‘‘or airport the following: dent to represent the National Security operator’’ and inserting ‘‘airport operator, or ‘‘§ 44940. Authorization of appropriations for Council or the Office of Homeland Security. screening company’’. operations ‘‘(2) CHAIRPERSON.—The Chairperson of the SEC. 11. PASSENGER AND BAGGAGE SCREENING ‘‘(a) OPERATIONS OF TRANSPORTATION SECU- Board shall be the Secretary of Transpor- FEE. RITY ADMINISTRATION.—There are authorized tation. (a) IN GENERAL.—Subchapter II of chapter to be appropriated such sums as may be nec- ‘‘(c) DUTIES.—The Board shall— 449 is amended by adding at the end the fol- essary for the operations of the Transpor- ‘‘(1) review any regulation or security di- lowing: tation Security Administration, including rective issued by the Under Secretary of ‘‘§ 44939. Passenger and baggage screening the functions of the Administration under Transportation for security under section fee section 44901(d) if the fees imposed under sec- 114(h)(4) within 30 days after the date of ‘‘(a) GENERAL AUTHORITY.— tion 44939 are insufficient to cover the costs issuance of such regulation or directive; ‘‘(1) PASSENGER FEES.—The Under Sec- of such functions. ‘‘(2) share intelligence information with retary of Transportation for Security shall ‘‘(b) AIRCRAFT SECURITY.—There is author- the Under Secretary; impose a fee on passengers in air transpor- ized to be appropriated $500,000,000 to the ‘‘(3) review— tation and intrastate air transportation to Secretary of Transportation to make grants ‘‘(A) plans for transportation security; pay for the costs of the screening of pas- to air carriers to (1) modify cockpit doors to ‘‘(B) standards established for performance sengers and property pursuant to section deny access from the cabin to the pilots in of airport security screening personnel;

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.008 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6723 ‘‘(C) compensation being paid to airport se- ‘‘SUBCHAPTER III—TRANSPORTATION tion Administration, and employees of the curity screening personnel; SECURITY OVERSIGHT BOARD Federal Aviation Administration whose du- ‘‘(D) procurement of security equipment; ‘‘44951. Transportation Security Oversight ties include responsibility for safety-sen- ‘‘(E) selection, performance, and com- Board. sitive functions, respectively.’’; and pensation of senior executives in the Trans- ‘‘44952. Advisory council.’’. (5) in the analysis for such chapter by in- portation Security Administration; and serting after the item relating to section SEC. 14. AUTHORITY OF THE INSPECTOR GEN- 45106 the following: ‘‘(F) budget requests of the Under Sec- ERAL. retary; and (a) IN GENERAL.—As provided by the In- ‘‘45107. Transportation Security Administra- ‘‘(4) make recommendations to the Under spector General Act (5 U.S.C. App.) and other tion’’. Secretary regarding matters reviewed under applicable statutes, the Inspector General of SEC. 17. CONFORMING AMENDMENTS TO SUB- paragraph (3). the Department of Transportation (in addi- TITLE VII. ‘‘(d) QUARTERLY MEETINGS.—The Board tion such other authority as the Inspector (a) RECORDS OF EMPLOYMENT OF PILOT AP- shall meet at least quarterly. PLICANTS.—Part A of subtitle VII is amend- General may have) shall have authority to ‘‘(e) CONSIDERATION OF SECURITY INFORMA- ed— conduct the following: TION.—A majority of the Board may vote to (1) by moving subsections (f), (g), and (h) of (1) Audits of the Transportation Security close a meeting of the Board to the public section 44936 from section 44936, inserting Administration’s programs, operations, and when classified security information will be them at the end of section 44703, and redesig- activities. discussed. nating them as subsections (h), (i), and (j), (2) Criminal investigations of alleged viola- ‘‘§ 44952. Advisory council respectively; and tions of Federal laws or Department of (2) in subsections (i) and (j) of section 44703 ‘‘(a) ESTABLISHMENT.—The Under Sec- Transportation regulations pertaining to retary of Transportation for Security shall (as moved to the end of section 44703 by para- aviation and other modes transportation se- graph (1) of this subsection), by striking establish an advisory council to be known as curity. the ‘Transportation Security Advisory Coun- ‘‘subsection (f)’’ each place it appears and in- (3) Investigations into waste, fraud, abuse, serting ‘‘subsection (h)’’. cil’. and any other allegations involving wrong- ‘‘(b) MEMBERSHIP.—The Council shall be (b) INVESTIGATIONS AND PROCEDURES.— doing within the Administration. composed of members appointed by the Chapter 461 is amended— (b) REPORT.—Not later than 1 year after Under Secretary to represent all modes of (1) in each of sections 46101(a)(1), 46102(a), the date of enactment of this Act, and peri- transportation, transportation labor, organi- 46103(a), 46104(a), 46105(a), 46106, 46107(b), and odically thereafter, the Inspector General zations representing families of victims of 46110(a) by inserting after ‘‘(or’’ the fol- shall report to Congress on the implementa- transportation disasters, and other entities lowing: ‘‘the Under Secretary of Transpor- tion, efficiency, and effectiveness of the Ad- affected or involved in the transportation se- tation for Security with respect to security curity process. ministration’s programs, operations, and ac- duties and powers designated to be carried ‘‘(c) DUTIES.—The Council shall provide ad- tivities. The report shall focus on the Ad- out by the Under Secretary or’’; vice and counsel to the Under Secretary on ministration’s main programs and contain (2) by striking ‘‘or Administrator’’ each issues which affect or are affected by the op- recommendations, as necessary, for further place it appears and inserting ‘‘, Under Sec- erations of the Transportation Security Ad- legislation. retary, or Administrator’’; ministration. The Council shall function as a SEC. 15. TECHNICAL CORRECTION. (3) in section 46101(a)(2) by striking ‘‘of resource for management, policy, spending, Section 106(a) of the Air Transportation Transportation or the’’ and inserting ‘‘, and regulatory matters under the jurisdic- Safety and System Stabilization Act (P.L. Under Secretary, or’’; tion of the Transportation Security Admin- 107–42) is amended by striking ‘‘February 1, (4) in section 46102(b) by striking ‘‘and the istration. 2001’’ and inserting ‘‘February 1, 2002’’. Administrator’’ and inserting ‘‘, the Under ‘‘(d) ADMINISTRATIVE MATTERS.— SEC. 16. ALCOHOL AND CONTROLLED SUB- Secretary, and the Administrator’’; ‘‘(1) MEETINGS.—The Council shall meet on STANCE TESTING. (5) in section 46102(c) by striking ‘‘and Ad- a regular and periodic basis or at the call of Chapter 451 is amended— ministrator’’ each place it appears and in- the Chairperson or the Under Secretary. (1) by striking ‘‘contract personnel’’ each serting ‘‘, Under Secretary, and Adminis- ‘‘(2) ACCESS TO DOCUMENTS AND STAFF.—The place it appears and inserting ‘‘personnel’’; trator’’; Under Secretary may give the Council appro- (2) by striking ‘‘contract employee’’ each (6) in each of sections 46102(d) and 46104(b) priate access to relevant documents and per- place it appears and inserting ‘‘employee’’; by inserting ‘‘the Under Secretary,’’ after sonnel of the Administration, and the Under (3) in section 45106(c) by striking ‘‘contract ‘‘Secretary,’’; Secretary shall make available, consistent employees’’ and inserting ‘‘employees’’; (7) in the heading to section 46106 by strik- with the authority to withhold commercial (4) by inserting after section 45106 the fol- ing ‘‘Secretary of Transportation and Admin- and other proprietary information under sec- lowing: istrator of the Federal Aviation Administra- tion 552 of title 5 (commonly known as the tion’’ and inserting ‘‘Department of Trans- ‘‘§ 45107. Transportation security administra- ‘Freedom of Information Act’), cost data as- portation’’; and tion sociated with the acquisition and operation (8) in the item relating to section 46106 of of security screening equipment. Any mem- ‘‘(a) TRANSFER OF FUNCTIONS RELATING TO the analysis for such chapter by striking ber of the Council who receives commercial TESTING PROGRAMS WITH RESPECT TO AIR- ‘‘Secretary of Transportation and Adminis- or other proprietary data from the Under PORT SECURITY SCREENING PERSONNEL.—The trator of the Federal Aviation Administra- Secretary shall be subject to the provisions authority of the Administrator of the Fed- tion’’ and inserting ‘‘Department of Trans- of section 1905 of title 18, pertaining to unau- eral Aviation Administration under this portation’’. thorized disclosure of such information. chapter with respect to programs relating to (c) ADMINISTRATIVE.—Section 40113 is ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— testing of airport security screening per- amended— The Council shall elect a Chairperson and a sonnel are transferred to the Under Sec- (1) in subsection (a)— Vice Chairperson from among the members, retary of Transportation for Security. Not- (A) by inserting after ‘‘(or’’ the following: each of whom shall serve for a term of 2 withstanding section 45102(a), the regula- ‘‘the Under Secretary of Transportation for years. The Vice Chairperson shall perform tions prescribed under section 45102(a) shall Security with respect to security duties and the duties of the Chairperson in the absence require testing of such personnel by their powers designated to be carried out by the of the Chairperson. employers instead of by air carriers and for- Under Secretary or’’; and ‘‘(4) TRAVEL AND PER DIEM.—Each member eign air carriers. (B) by striking ‘‘or Administrator’’ and in- of the Council shall be paid actual travel ex- ‘‘(b) APPLICABILITY OF CHAPTER WITH RE- serting ‘‘, Under Secretary, or Adminis- penses, and per diem in lieu of subsistence SPECT TO EMPLOYEES OF ADMINISTRATION.— trator’’; and expenses when away from his or her usual The provisions of this chapter that apply (2) in subsection (d)— place of residence, in accordance with sec- with respect to employees of the Federal (A) by inserting after ‘‘The’’ the following: tion 5703 of title 5. Aviation Administration whose duties in- ‘‘Under Secretary of Transportation for Se- ‘‘(5) DETAIL OF PERSONNEL FROM THE ADMIN- clude responsibility for safety-sensitive func- curity or the’’; ISTRATION.—The Under Secretary shall make tions shall apply with respect to employees (B) by striking ‘‘Administration’’ the sec- available to the Council such staff, informa- of the Transportation Security Administra- ond place it appears and inserting ‘‘Trans- tion, and administrative services and assist- tion whose duties include responsibility for portation Security Administration or Fed- ance as may reasonably be required to enable security-sensitive functions. The Under Sec- eral Aviation Administration, as the case the Council to carry out its responsibilities retary of Transportation for Security, the may be,’’; and under this section. Transportation Security Administration, (C) by striking ‘‘the Administrator de- ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT and employees of the Transportation Secu- cides’’ and inserting ‘‘the Under Secretary or NOT TO APPLY.—The Federal Advisory Com- rity Administration whose duties include re- Administrator, as the case may be, decides’’. mittee Act (5 U.S.C. App.) does not apply to sponsibility for security-sensitive functions (d) PENALTIES.—Chapter 463 is amended— the Council.’’. shall be subject to and comply with such pro- (1) in section 46301(d)(2)— (b) CONFORMING AMENDMENT.—The analysis visions in the same manner and to the same (A) by striking ‘‘, chapter 449 (except sec- for chapter 449 is amended by adding at the extent as the Administrator of the Federal tions 44902, 44903(d), 44907(a)–(d)(1)(A) and end the following: Aviation Administration, the Federal Avia- (d)(1)(C)–(f), 44908, and 44909),’’;

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.008 pfrm01 PsN: H12PT1 H6724 CONGRESSIONAL RECORD — HOUSE October 12, 2001 (B) by inserting after the first sentence the trafficking of heroin, which I call rat today, let us give those agents the following: ‘‘The Under Secretary of Trans- poison, or if you do not do that, they tools they need to protect the next portation for Security may impose a civil were told, suffer the consequences, be- generation of Americans, to protect penalty for a violation of chapter 449 (except cause in the alternative, we will re- the Americans that are out there sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909) or a regula- spond. As President Bush so eloquently today. Let us untie the one hand be- tion prescribed or order issued under such said at the Pentagon memorial service hind their back and let them do what chapter 449.’’; and yesterday, they chose unwisely. they will do best: protect America. (C) by inserting ‘‘Under Secretary or’’ be- The time is now. I commend the Mr. Speaker, this is not about par- fore ‘‘Administrator shall’’; chairman for having done good work on tisanship, and this is not about trying (2) in each of paragraphs (3) and (4) of sec- this, and I commend the Committee on to get somebody’s way; this is about tion 46301(d) by striking ‘‘Administrator’’ Rules as well. I urge support for the protecting America. We have to make each place it appears and inserting ‘‘Under rule and support for final passage. a decision. Vote for this rule and make Secretary or Administrator’’; Mr. DIAZ-BALART. Mr. Speaker, I (3) in section 46301(d)(8) by striking ‘‘Ad- it happen. Let me go home this week- ministrator’’ and inserting ‘‘Under Sec- yield 3 minutes to the distinguished end and look my daughter in the eye retary, Administrator,’’; gentleman from Michigan (Mr. ROG- and say, you are not going to have to (4) in section 46301(h)(2) by inserting after ERS). run for President, ma’am, unless you ‘‘(or’’ the following: ‘‘the Under Secretary of Mr. ROGERS of Michigan. Mr. want to, because we have done all that Transportation for Security with respect to Speaker, I commend the gentleman we can do to make sure that you can security duties and powers designated to be from Wisconsin (Mr. SENSENBRENNER), grow up to be anything that you want. carried out by the Under Secretary or’’; the chairman of the Committee on the Pass this rule. Let us get on with it. (5) in section 46311— Judiciary, for some very fine work. Give them the tools that they need to (A) by inserting after ‘‘Transportation,’’ I stand here today, Mr. Speaker, a the following: ‘‘the Under Secretary of be successful. Transportation for Security with respect to little bit saddened at the finger point- Mr. DIAZ-BALART. Mr. Speaker, I security duties and powers designated to be ing by the minority leader and accusa- yield 1 minute to the distinguished carried out by the Under Secretary,’’; tion of partisanship. I too had issues gentleman from Georgia (Mr. KING- (B) by inserting after ‘‘Secretary,’’ each with the bill and was eager to work STON). place it appears the following: ‘‘Under Sec- with both parties on many differences Mr. KINGSTON. Mr. Speaker, I just retary,’’; and that we had over the very short course want to address some comments made (C) by striking ‘‘or Administrator’’ each of time to give our law enforcement by my good friend from Ohio about the place it appears and inserting ‘‘, Under Sec- the tools to be successful. We won retary, or Administrator’’; and Osama bin Laden al-Qaeda organiza- (6) in each of sections 46313 and 46316 by in- some; we lost some. There was no speed tion and our policy in the Middle East. serting after ‘‘(or’’ the following: ‘‘the Under to partisanship, but there was a sense Osama bin Laden kind of backed into Secretary of Transportation for Security of urgency in what we must do in this the Palestinian situation saying, this with respect to security duties and powers Chamber. We can argue and debate and is going to continue to happen as long designated to be carried out by the Under negotiate, but at the end of the day, a as America continues to support Israel. Secretary or’’. decision must be made. That is not what this is all about. Mr. Speaker, I yield back the balance I stood with those FBI agents for Osama bin Laden is an evil man, as are of my time. nearly 6 years, and I understood, and it his followers. To say that this is part of Mr. DIAZ-BALART. Mr. Speaker, I became very clear to me, that we were the Palestinian situation, he is backing yield 2 minutes to the gentleman from fighting a war with 1970s tools in a war into that by convenience; otherwise, North Carolina (Mr. COBLE). that now is into the 21st century; a Yasser Arafat would be saying, yes, we Mr. COBLE. Mr. Speaker, I thank the very different kind of place, a very dif- are in this too, this is a good thing. gentleman for yielding me time. ferent kind of terrorist, a very dif- They are not embracing this policy of Mr. Speaker, in the aftermath of the ferent kind of sophistication. They killing innocent Americans in their merciless attack of 11 September, there have stolen, Mr. Speaker, more than workplace and hijacking airplanes. were two schools of thought. One group just the lives of American citizens. I think it is very important for us to said, let us bomb someone or somebody They have stolen the innocence of a say, we are going to continue to stand immediately. Another school urged, do whole generation of Americans. with our ally, Israel. We are going to nothing, and then perhaps these mes- My daughter just recently, who dur- continue to work for peace in the Mid- sengers of evil will simply go away. ing her entire 7 years told me that she dle East, and we are not going to let a Neither of these schools of thought, in was going to be a teacher, and that is mad man and a terrorist organization my opinion, Mr. Speaker, was sound. what she wanted to be more than any- say that we somehow are guilty; there- If this legislation is enacted today, thing, was to be a teacher. And every fore, our people should be punished and and I intend to support it, will it pre- time my wife and I had that conversa- killed in the workplace because of a clude subsequent attacks? I know not. tion, she reiterated without pausing Middle Eastern policy that we are try- But I do know it will afford our law en- that she wanted to be a teacher. Until ing to work for. forcement and intelligence arms more just recently, she came to me and said, I just wanted to make sure somebody flexibility. What was in place on 11 Dad, unprovoked by me, I want to be addressed that, Mr. Speaker. September of this year obviously was President of the United States. And I Mr. DIAZ-BALART. Mr. Speaker, I not sufficient. asked her why, and she said because I yield myself such time as I may con- Who are these terrorists? Messengers want to make the rules so that bad sume. of evil driven by fanaticism. They are people cannot hurt my friends in my Mr. Speaker, I commend the gen- well-financed, brilliant operatives, as neighborhood. tleman from Wisconsin (Mr. SENSEN- evidenced by the attack in New York There has been a lot lost here, Mr. BRENNER). I think he has done a won- and the attack here and the ditching of Speaker. It is more than process and derful job for bringing forth this legis- the plane in Pennsylvania. Brilliant in- negotiation and a rule which, to the lation. I want to thank my colleagues deed who have no regard for human vast majority of Americans, quite on the Committee on Rules; we worked life, innocent human life, if you will. frankly, means nothing. What we have long hours today beginning early in the Forget about the military for the mo- to do, and I have seen the panic in the morning on this. This bill is a com- ment. They attacked innocent bystand- eyes of the agents of the FBI today, promise between the Senate’s bipar- ers. They would just as soon slay them who are asking for the tools of the 21st tisan legislation and our bipartisan as they would an armed soldier or an century to help them stop and disrupt legislation. I think it is a good piece of armed guardman. what we know is coming to the United legislation that should be passed. In They had a choice, Mr. Speaker, the States of America. I am saddened be- order for it to get to the floor, I would Taliban, the terrorists. They were cause we ought to stand together and urge my colleagues to pass the rule. given a choice: surrender these mes- say, yes, we can improve on some I would point out that yesterday, not sengers of evil, these thugs who are fi- things, and yes, we ought to have a 1 month ago, yesterday, the FBI issued nanced through the production and money-laundering provision. But a statement informing all Americans

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.008 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6725 that the Nation is at risk of another proposals that, frankly, are offensive to the Hobson Myrick Shays attack at any time. The legislation be- Hoekstra Nethercutt Sherwood 36–0 bi-partisan version reported out of the Horn Ney Shimkus fore us, in effect, provides law enforce- House Judiciary Committee. For example, the Hostettler Northup Shuster ment with tools to try to prevent an- Senate version fails to include an essential Houghton Norwood Simmons other attack. I would respectfully urge two-year sunset provision that is in the House Hulshof Nussle Simpson Hunter Osborne Skeen my colleagues who have expressed dis- version that was crucial to the delicate com- Hyde Ose Smith (MI) agreement with the legislation to not promise that was struck by Members from Isakson Otter Smith (NJ) compare this bill, which is a reasonable both sides of the aisle in the House Judiciary Issa Oxley Smith (TX) bill providing reasonable tools for law Istook Paul Souder Committee. Jenkins Pence Stearns enforcement, with excesses that have This process is flawed and unfair. In the Johnson (CT) Peterson (PA) Stump occurred at other points in history in Senate, the bill bypassed the Judiciary Com- Johnson (IL) Petri Sununu the past. This bill is not one of ex- mittee entirely, going straight to the floor. Johnson, Sam Pickering Sweeney cesses; it is one of reasonable tools for Jones (NC) Pitts Tancredo There, several key amendments, including Keller Platts Tauzin law enforcement. three by Senator FEINGOLD which would have Kelly Pombo Taylor (NC) For example, grand jury information; provided greater protections of our civil lib- Kennedy (MN) Portman Terry Thomas information that is garnered, that is erties, were tabled. Kerns Pryce (OH) obtained by a grand jury with regard to King (NY) Putnam Thornberry Today, it is patently clear that the goal of Kingston Quinn Thune terrorists, this bill, the compromise be- this process is to completely avoid a con- Kirk Radanovich Tiahrt fore us today, permits that information Knollenberg Ramstad Tiberi ference on the important legislation. In the Kolbe Regula Toomey to be shared with the FBI. That is the House, this process has shut out many House kind of reasonable measure that we LaHood Rehberg Traficant Judiciary Members who were instrumental in Largent Reynolds Upton need in order to prevent further at- the pre-conferencing of the bill. The closed Latham Riley Vitter tacks in the future. With regard to the LaTourette Rogers (KY) Walden rule reported out of the Rules Committee this standards to detain and charge a ter- Leach Rogers (MI) Walsh morning effectively destroys the work and ef- Lewis (CA) Rohrabacher Wamp rorist, if there are reasonable grounds forts of the entire House Judiciary Committee Lewis (KY) Ros-Lehtinen Watkins (OK) to believe that the person being har- Watts (OK) and forces upon its Members a version of this Linder Roukema bored will commit a terrorist act, then LoBiondo Royce Weldon (FL) legislation which fails to address the hopes that person can be detained. Lucas (OK) Ryan (WI) Weldon (PA) and concerns of millions of Americans from Manzullo Ryun (KS) Weller b 1330 across this great Nation. McCrery Saxton Whitfield McInnis Schaffer Wicker The bill that was previously passed This is a travesty of process and justice of McKeon Schrock Wilson by the Committee on the Judiciary had monumental proportions. Mica Sensenbrenner Wolf a standard which I believe was not rea- Mr. DIAZ-BALART. Mr. Speaker, I Miller, Gary Sessions Young (AK) Moran (KS) Shadegg Young (FL) sonable. It said that someone had to move the previous question on the res- Morella Shaw have committed or was about to com- olution. mit, has committed or is about to com- The SPEAKER pro tempore (Mr. NAYS—207 mit, a terrorist act. It almost required LAHOOD). The question is on ordering Abercrombie Edwards Lewis (GA) the commission of the terrorist act be- the previous question. Ackerman Engel Lipinski fore the terrorist could be detained. The question was taken; and the Allen Eshoo Lofgren With regard to immigration, someone Andrews Etheridge Lowey Speaker pro tempore announced that Baca Evans Lucas (KY) from another country, a noncitizen, the ayes appeared to have it. Baird Farr Luther could be detained under this legislation Ms. SLAUGHTER. Mr. Speaker, I ob- Baldacci Fattah Maloney (CT) for 7 days. Then he either has to be Baldwin Filner Maloney (NY) ject to the vote on the ground that a Barcia Ford Markey charged or released. That is a reason- quorum is not present and make the Barrett Frank Mascara able measure. point of order that a quorum is not Becerra Frost Matheson The sunset issue was brought out present. Bentsen Gephardt Matsui Berkley Gonzalez McCarthy (MO) with regard to the legislation. The Sen- The SPEAKER pro tempore. Evi- ate has no sunset. The original legisla- Berman Gordon McCarthy (NY) dently a quorum is not present. Berry Green (TX) McCollum tion that came out of the Committee The Sergeant at Arms will notify ab- Bishop Gutierrez McDermott Blagojevich Hall (OH) McGovern on the Judiciary had a 2-year sunset. sent Members. The compromise legislation before us Blumenauer Harman McIntyre The vote was taken by electronic de- Bonior Hastings (FL) McKinney today has a 3-year sunset, with 2 more vice, and there were—yeas 215, nays Borski Hill McNulty possible years if there is a Presidential Boswell Hilliard Meehan 207, not voting 8, as follows: certification of need, for a total period Boucher Hinchey Meek (FL) [Roll No. 383] Brady (PA) Hinojosa Meeks (NY) of 5 years. Then there is a sunset. Brown (FL) Hoeffel Menendez So again, these are reasonable steps YEAS—215 Brown (OH) Holden Millender- to give tools to law enforcement to try Akin Chambliss Foley Capps Holt McDonald to at least have them have this govern- Armey Coble Forbes Capuano Honda Miller, George Bachus Collins Fossella Cardin Hooley Mink ment do everything possible to avoid Baker Combest Frelinghuysen Carson (IN) Hoyer Mollohan another September 11. That is what we Ballenger Cooksey Gallegly Carson (OK) Inslee Moore are dealing with today. Barr Cox Ganske Clay Israel Moran (VA) So I urge my colleagues to support Bartlett Crane Gekas Clayton Jackson (IL) Murtha Bass Crenshaw Gibbons Clement Jackson-Lee Nadler this rule to bring forth the legislation Bereuter Cubin Gilchrest Clyburn (TX) Napolitano and to support this legislation so that Biggert Culberson Gilman Condit Jefferson Neal we, at least, can know that we have Bilirakis Cunningham Goode Conyers John Oberstar done everything possible at this time Boehlert Davis, Jo Ann Goodlatte Costello Johnson, E. B. Obey Boehner Davis, Tom Goss Coyne Jones (OH) Olver to prevent another tragedy. Mr. Speak- Bonilla Deal Graham Cramer Kanjorski Ortiz er, I urge the adoption of this resolu- Bono DeLay Granger Crowley Kaptur Owens tion, as well as a favorable vote on the Brady (TX) DeMint Graves Cummings Kennedy (RI) Pallone Brown (SC) Diaz-Balart Green (WI) Davis (CA) Kildee Pascrell underlying legislation. Bryant Doolittle Greenwood Davis (FL) Kilpatrick Pastor Ms. JACKSON-LEE of Texas. Mr. Speaker, Burr Dreier Grucci Davis (IL) Kind (WI) Payne the bill before us today is the Senate version, Burton Duncan Gutknecht DeFazio Kleczka Pelosi S. 1510, that dangerously and unfairly chal- Buyer Dunn Hall (TX) DeGette Kucinich Peterson (MN) Callahan Ehlers Hansen Delahunt LaFalce Phelps lenges our parliamentary procedures and spirit Calvert Ehrlich Hart DeLauro Lampson Pomeroy of bi-partisanship that has existed thus far in Camp Emerson Hastings (WA) Deutsch Langevin Price (NC) the lengthy negotiations on this bill in the Cannon English Hayes Dicks Lantos Rahall Cantor Everett Hayworth Dingell Larsen (WA) Rangel House. Capito Ferguson Hefley Doggett Larson (CT) Reyes The Senate version closely parallels the ad- Castle Flake Herger Dooley Lee Rivers ministration’s proposal, containing a number of Chabot Fletcher Hilleary Doyle Levin Rodriguez

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.046 pfrm01 PsN: H12PT1 H6726 CONGRESSIONAL RECORD — HOUSE October 12, 2001 Roemer Skelton Tierney Forbes Kolbe Ryun (KS) Meeks (NY) Price (NC) Spratt Ross Slaughter Turner Fossella LaHood Saxton Menendez Rahall Stark Rothman Smith (WA) Udall (CO) Frelinghuysen Largent Schaffer Millender- Rangel Stenholm Roybal-Allard Snyder Udall (NM) Gallegly Latham Schrock McDonald Reyes Strickland Rush Solis Velazquez Ganske LaTourette Sensenbrenner Miller, George Rivers Stupak Sabo Spratt Visclosky Gekas Leach Sessions Mink Rodriguez Tanner Sanchez Stark Waters Gibbons Lewis (CA) Shadegg Moore Roemer Tauscher Sanders Stenholm Watson (CA) Gilchrest Lewis (KY) Shaw Moran (VA) Ross Taylor (MS) Sandlin Strickland Watt (NC) Gilman Linder Shays Murtha Rothman Thompson (CA) Sawyer Stupak Waxman Goode LoBiondo Sherwood Nadler Roybal-Allard Thompson (MS) Schakowsky Tanner Weiner Goodlatte Lucas (OK) Shimkus Napolitano Rush Thurman Schiff Tauscher Wexler Goss Manzullo Shows Neal Sabo Tierney Scott Taylor (MS) Woolsey Graham McCrery Shuster Oberstar Sanchez Turner Serrano Thompson (CA) Wu Granger McInnis Simmons Obey Sanders Udall (CO) Sherman Thompson (MS) Wynn Graves McKeon Simpson Olver Sandlin Udall (NM) Shows Thurman Green (WI) Mica Skeen Ortiz Sawyer Velazquez Greenwood Miller, Gary Smith (MI) Owens Schakowsky Visclosky NOT VOTING—8 Grucci Moran (KS) Smith (NJ) Pallone Schiff Waters Aderholt Boyd Miller (FL) Gutknecht Morella Smith (TX) Pascrell Scott Watson (CA) Barton Gillmor Towns Hall (TX) Myrick Souder Pastor Serrano Watt (NC) Blunt McHugh Hansen Nethercutt Stearns Payne Sherman Waxman Hart Ney Stump Pelosi Skelton Weiner b 1400 Hastert Northup Sununu Peterson (MN) Slaughter Wexler Hastings (WA) Norwood Sweeney Petri Smith (WA) Woolsey Mr. PETRI changed his vote from Hayes Nussle Tancredo Phelps Snyder Wu ‘‘nay’’ to ‘‘yea.’’ Hayworth Osborne Tauzin Pomeroy Solis Wynn So the previous question was ordered. Hefley Ose Taylor (NC) Herger Otter Terry NOT VOTING—9 The result of the vote was announced Hilleary Oxley Thomas Aderholt Boyd Miller (FL) as above recorded. Hobson Paul Thornberry Barton Gillmor Mollohan Hoekstra Pence Thune Blunt McHugh Towns f Horn Peterson (PA) Tiahrt Hostettler Pickering Tiberi b 1418 NATIONAL SIMULTANEOUS Houghton Pitts Toomey So the resolution was agreed to. PLEDGE OF ALLEGIANCE Hulshof Platts Traficant Hunter Pombo Upton The result of the vote was announced The SPEAKER. Pursuant to the Hyde Portman Vitter as above recorded. order of the House of October 11, 2001, Isakson Pryce (OH) Walden A motion to reconsider was laid on Issa Putnam Walsh the table. the Chair recognizes the gentleman Istook Quinn Wamp from California (Mr. COX) to lead us in Jenkins Radanovich Watkins (OK) f the Pledge of Allegiance. Johnson (CT) Ramstad Watts (OK) MODIFICATION TO AMENDMENT Mr. COX. Please join with me and Johnson (IL) Regula Weldon (FL) Johnson, Sam Rehberg Weldon (PA) TO H.R. 2975, PATRIOT ACT OF 2001 millions of American teachers and stu- Jones (NC) Reynolds Weller Ms. WATERS. Mr. Speaker, I ask dents as we recite the Pledge of Alle- Keller Riley Whitfield giance. Kelly Rogers (KY) Wicker unanimous consent that during consid- Mr. COX led the Pledge of Allegiance Kennedy (MN) Rogers (MI) Wilson eration of H.R. 2975, pursuant to H.Res. Kerns Rohrabacher Wolf 264, the amendment considered as as follows: King (NY) Ros-Lehtinen Young (AK) Kingston Roukema Young (FL) adopted pursuant to that rule be modi- I pledge allegiance to the Flag of the fied by striking section 1001 and re- United States of America, and to the Repub- Kirk Royce Knollenberg Ryan (WI) lic for which it stands, one nation under God, numbering the remaining section ac- indivisible, with liberty and justice for all. cordingly. NOES—208 The SPEAKER pro tempore (Mr. f Abercrombie Davis (FL) Jackson-Lee NETHERCUTT). Is there objection to the Ackerman Davis (IL) (TX) PROVIDING FOR CONSIDERATION Allen DeFazio Jefferson request of the gentlewoman from Cali- OF H.R. 2975, PATRIOT ACT OF 2001 Andrews DeGette John fornia? Baca Delahunt Johnson, E. B. There was no objection. The SPEAKER pro tempore (Mr. Baird DeLauro Jones (OH) f LAHOOD). The question is on the resolu- Baldacci Deutsch Kanjorski Baldwin Dicks Kaptur PATRIOT ACT OF 2001 tion. Barcia Dingell Kennedy (RI) The question was taken; and the Barrett Doggett Kildee Mr. SENSENBRENNER. Mr. Speak- Speaker pro tempore announced that Becerra Dooley Kilpatrick er, pursuant to House Resolution 264, I the ayes appeared to have it. Bentsen Doyle Kind (WI) call up the bill (H.R. 2975) to combat Berkley Edwards Kleczka RECORDED VOTE Berman Engel Kucinich terrorism, and for other purposes, and Ms. SLAUGHTER. Mr. Speaker, I de- Berry Eshoo LaFalce ask for its immediate consideration. mand a recorded vote. Bishop Etheridge Lampson The Clerk read the title of the bill. Blagojevich Evans Langevin The SPEAKER pro tempore. Pursu- A recorded vote was ordered. Blumenauer Farr Lantos The vote was taken by electronic de- Bonior Fattah Larsen (WA) ant to House Resolution 264, the bill is vice, and there were—ayes 214, noes 208, Borski Filner Larson (CT) considered read for amendment. Boswell Ford Lee not voting 9, as follows: The text of H.R. 2975 is as follows: Boucher Frank Levin H. R. 2975 [Roll No. 384] Brady (PA) Frost Lewis (GA) Brown (FL) Gephardt Lipinski Be it enacted by the Senate and House of Rep- AYES—214 Brown (OH) Gonzalez Lofgren resentatives of the United States of America in Akin Burton Davis, Jo Ann Capps Gordon Lowey Congress assembled, Armey Buyer Davis, Tom Capuano Green (TX) Lucas (KY) SECTION 1. SHORT TITLE. Bachus Callahan Deal Cardin Gutierrez Luther This Act may be cited as the ‘‘Provide Ap- Baker Calvert DeLay Carson (IN) Hall (OH) Maloney (CT) Ballenger Camp DeMint Carson (OK) Harman Maloney (NY) propriate Tools Required to Intercept and Barr Cannon Diaz-Balart Chabot Hastings (FL) Markey Obstruct Terrorism (PATRIOT) Act of 2001’’. Bartlett Cantor Doolittle Clay Hill Mascara SEC. 2. TABLE OF CONTENTS. Bass Capito Dreier Clayton Hilliard Matheson The following is the table of contents for Bereuter Castle Duncan Clement Hinchey Matsui this Act: Biggert Chambliss Dunn Clyburn Hinojosa McCarthy (MO) Bilirakis Coble Ehlers Condit Hoeffel McCarthy (NY) Sec. 1. Short title. Boehlert Collins Ehrlich Conyers Holden McCollum Sec. 2. Table of contents. Boehner Combest Emerson Costello Holt McDermott Sec. 3. Construction; severability. Bonilla Cooksey English Coyne Honda McGovern TITLE I—INTELLIGENCE GATHERING Bono Cox Everett Cramer Hooley McIntyre Subtitle A—Electronic Surveillance Brady (TX) Crane Ferguson Crowley Hoyer McKinney Brown (SC) Crenshaw Flake Cummings Inslee McNulty Sec. 101. Modification of authorities relating Bryant Cubin Fletcher Cunningham Israel Meehan to use of pen registers and trap Burr Culberson Foley Davis (CA) Jackson (IL) Meek (FL) and trace devices.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0636 Sfmt 0655 E:\CR\FM\A12OC7.007 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6727 Sec. 102. Seizure of voice-mail messages pur- Sec. 306. Support of terrorism through ex- ment has certified to the court that the in- suant to warrants. pert advice or assistance. formation likely to be obtained by such in- Sec. 103. Authorized disclosure. Sec. 307. Prohibition against harboring. stallation and use is relevant to an ongoing Sec. 104. Savings provision. Sec. 308. Post-release supervision of terror- criminal investigation. The order shall, upon Sec. 105. Interception of computer trespasser ists. service thereof, apply to any person or entity communications. Sec. 309. Definition. providing wire or electronic communication Sec. 106. Technical amendment. Sec. 310. Civil damages. service in the United States whose assist- Sec. 107. Scope of subpoenas for records of Subtitle B—Criminal Procedure ance may facilitate the execution of the electronic communications. order. Sec. 351. Single-jurisdiction search warrants Sec. 108. Nationwide service of search war- ‘‘(2) Upon an application made under sec- for terrorism. rants for electronic evidence. tion 3122(a)(2), the court shall enter an ex Sec. 352. DNA identification of terrorists. Sec. 109. Clarification of scope. parte order authorizing the installation and Sec. 353. Grand jury matters. Sec. 110. Emergency disclosure of electronic use of a pen register or trap and trace device Sec. 354. Extraterritoriality. communications to protect life within the jurisdiction of the court, if the Sec. 355. Jurisdiction over crimes com- and limb. court finds that the State law-enforcement mitted at United States facili- Sec. 111. Use as evidence. or investigative officer has certified to the ties abroad. Sec. 112. Reports concerning the disclosure court that the information likely to be ob- Sec. 356. Special agent authorities. of the contents of electronic tained by such installation and use is rel- communications. TITLE IV—FINANCIAL INFRASTRUCTURE evant to an ongoing criminal investiga- Subtitle B—Foreign Intelligence Sec. 401. Laundering the proceeds of ter- tion.’’. Surveillance and Other Information rorism. (2) CONTENTS OF ORDER.—Subsection (b)(1) Sec. 402. Material support for terrorism. of section 3123 of title 18, United States Code, Sec. 151. Period of orders of electronic sur- Sec. 403. Assets of terrorist organizations. is amended— veillance of non-United States Sec. 404. Technical clarification relating to (A) in subparagraph (A)— persons under foreign intel- provision of material support to (i) by inserting ‘‘or other facility’’ after ligence surveillance. terrorism. ‘‘telephone line’’; and Sec. 152. Multi-point authority. Sec. 405. Disclosure of tax information in (ii) by inserting before the semicolon at Sec. 153. Foreign intelligence information. terrorism and national security the end ‘‘or applied’’; and Sec. 154. Foreign intelligence information (B) by striking subparagraph (C) and in- sharing. investigations. Sec. 406. Extraterritorial jurisdiction. serting the following: Sec. 155. Pen register and trap and trace au- ‘‘(C) the attributes of the communications TITLE V—EMERGENCY AUTHORIZATIONS thority. to which the order applies, including the Sec. 156. Business records. Sec. 501. Office of Justice programs. number or other identifier and, if known, the Sec. 157. Miscellaneous national-security Sec. 502. Attorney General’s authority to location of the telephone line or other facil- authorities. pay rewards. ity to which the pen register or trap and Sec. 158. Proposed legislation. Sec. 503. Limited authority to pay overtime. trace device is to be attached or applied, and, Sec. 159. Presidential authority. Sec. 504. Department of State reward au- in the case of an order authorizing installa- Sec. 160. Sunset. thority. tion and use of a trap and trace device under TITLE II—ALIENS ENGAGING IN TITLE VI—DAM SECURITY subsection (a)(2), the geographic limits of TERRORIST ACTIVITY Sec. 601. Security of reclamation dams, fa- the order; and’’. Subtitle A—Detention and Removal of cilities, and resources. (3) NONDISCLOSURE REQUIREMENTS.—Sub- Aliens Engaging in Terrorist Activity section (d)(2) of section 3123 of title 18, TITLE VII—MISCELLANEOUS United States Code, is amended— Sec. 201. Changes in classes of aliens who are Sec. 701. Employment of translators by the (A) by inserting ‘‘or other facility’’ after ineligible for admission and de- Federal Bureau of Investiga- ‘‘the line’’; and portable due to terrorist activ- tion. (B) by striking ‘‘, or who has been ordered ity. Sec. 702. Review of the Department of Jus- by the court’’ and inserting ‘‘or applied, or Sec. 202. Changes in designation of foreign tice. who is obligated by the order’’. terrorist organizations. SEC. 3. CONSTRUCTION; SEVERABILITY. (c) DEFINITIONS.— Sec. 203. Mandatory detention of suspected (1) COURT OF COMPETENT JURISDICTION.— terrorists; habeas corpus; judi- Any provision of this Act held to be invalid or unenforceable by its terms, or as applied Paragraph (2) of section 3127 of title 18, cial review. United States Code, is amended by striking Sec. 204. Multilateral cooperation against to any person or circumstance, shall be con- strued so as to give it the maximum effect subparagraph (A) and inserting the fol- terrorists. lowing: Sec. 205. Changes in conditions for granting permitted by law, unless such holding shall be one of utter invalidity or unenforce- ‘‘(A) any district court of the United asylum and asylum procedures. States (including a magistrate judge of such Sec. 206. Protection of northern border. ability, in which event such provision shall be deemed severable from this Act and shall a court) or any United States court of ap- Sec. 207. Requiring sharing by the Federal peals having jurisdiction over the offense Bureau of Investigation of cer- not affect the remainder thereof or the appli- cation of such provision to other persons not being investigated; or’’. tain criminal record extracts (2) PEN REGISTER.—Paragraph (3) of section with other Federal agencies in similarly situated or to other, dissimilar cir- cumstances. 3127 of title 18, United States Code, is amend- order to enhance border secu- ed— rity. TITLE I—INTELLIGENCE GATHERING (A) by striking ‘‘electronic or other im- Subtitle B—Preservation of Immigration Subtitle A—Electronic Surveillance pulses’’ and all that follows through ‘‘is at- Benefits for Victims of Terrorism SEC. 101. MODIFICATION OF AUTHORITIES RE- tached’’ and inserting ‘‘dialing, routing, ad- Sec. 211. Special immigrant status. LATING TO USE OF PEN REGISTERS dressing, or signaling information trans- Sec. 212. Extension of filing or reentry dead- AND TRAP AND TRACE DEVICES. mitted by an instrument or facility from lines. (a) GENERAL LIMITATION ON USE BY GOV- which a wire or electronic communication is Sec. 213. Humanitarian relief for certain sur- ERNMENTAL AGENCIES.—Section 3121(c) of transmitted (but not including the contents viving spouses and children. title 18, United States Code, is amended— of such communication)’’; and Sec. 214. ‘‘Age-out’’ protection for children. (1) by inserting ‘‘or trap and trace device’’ (B) by inserting ‘‘or process’’ after ‘‘de- Sec. 215. Temporary administrative relief. after ‘‘pen register’’; vice’’ each place it appears. Sec. 216. Evidence of death, disability, or (2) by inserting ‘‘, routing, addressing,’’ (3) TRAP AND TRACE DEVICE.—Paragraph (4) loss of employment. after ‘‘dialing’’; and of section 3127 of title 18, United States Code, Sec. 217. No benefits to terrorists or family (3) by striking ‘‘call processing’’ and in- is amended— members of terrorists. serting ‘‘the processing and transmitting of (A) by inserting ‘‘or process’’ after ‘‘a de- Sec. 218. Definitions. wire and electronic communications’’. vice’’; and (b) ISSUANCE OF ORDERS.— (B) by striking ‘‘of an instrument’’ and all TITLE III—CRIMINAL JUSTICE (1) IN GENERAL.—Subsection (a) of section that follows through the end and inserting Subtitle A—Substantive Criminal Law 3123 of title 18, United States Code, is amend- ‘‘or other dialing, routing, addressing, and Sec. 301. Statute of limitation for pros- ed to read as follows: signaling information reasonably likely to ecuting terrorism offenses. ‘‘(a) IN GENERAL.— identify the source of a wire or electronic Sec. 302. Alternative maximum penalties for ‘‘(1) Upon an application made under sec- communication (but not including the con- terrorism crimes. tion 3122(a)(1), the court shall enter an ex tents of such communication);’’. Sec. 303. Penalties for terrorist conspiracies. parte order authorizing the installation and (4) CONFORMING AMENDMENT.—Section Sec. 304. Terrorism crimes as RICO predi- use of a pen register or trap and trace device 3127(1) of title 18, United States Code, is cates. anywhere within the United States, if the amended— Sec. 305. Biological weapons. court finds that the attorney for the Govern- (A) by striking ‘‘and’’; and

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.012 pfrm01 PsN: H12PT1 H6728 CONGRESSIONAL RECORD — HOUSE October 12, 2001 (B) by inserting ‘‘and ‘contents’’’ SEC. 106. TECHNICAL AMENDMENT. tions covered by paragraph (1) or (2)) to any after‘‘electronic communication service’’. Section 2518(3)(c) of title 18, United States governmental entity.’’; (d) NO LIABILITY FOR INTERNET SERVICE Code, is amended by inserting ‘‘and’’ after (4) in subsection (b), by striking ‘‘EXCEP- PROVIDERS.—Section 3124(d) of title 18, the semicolon. TIONS.—A person or entity’’ and inserting United States Code, is amended by striking SEC. 107. SCOPE OF SUBPOENAS FOR RECORDS ‘‘EXCEPTIONS FOR DISCLOSURE OF COMMUNICA- ‘‘the terms of’’. OF ELECTRONIC COMMUNICATIONS. TIONS.—A provider described in subsection Section 2703(c)(1)(C) of title 18, United (a)’’; SEC. 102. SEIZURE OF VOICE-MAIL MESSAGES (5) in subsection (b)(6)— PURSUANT TO WARRANTS. States Code, is amended— (1) by striking ‘‘entity the name, address, (A) in subparagraph (A)(ii), by striking Title 18, United States Code, is amended— local and long distance telephone toll billing ‘‘or’’; (1) in section 2510— records, telephone number or other sub- (B) in subparagraph (B), by striking the pe- (A) in paragraph (1), by striking all the scriber number or identity, and length of riod and inserting ‘‘; or’’; words after ‘‘commerce’’; and service of a’’ and inserting the following: (C) by inserting after subparagraph (B) the (B) in paragraph (14), by inserting ‘‘wire ‘‘entity the— following: or’’ after ‘‘transmission of’’; and ‘‘(A) name; ‘‘(C) if the provider reasonably believes (2) in section 2703— ‘‘(B) address; that an emergency involving immediate dan- (A) in the headings for subsections (a) and ‘‘(C) local and long distance telephone con- ger of death or serious physical injury to any (b), by striking ‘‘CONTENTS OF ELECTRONIC’’ nection records, or records of session times person requires disclosure of the information and inserting ‘‘CONTENTS OF WIRE OR ELEC- and durations; without delay.’’; and TRONIC’’; ‘‘(D) length of service (including start (6) by inserting after subsection (b) the fol- (B) in subsection (a), by striking ‘‘contents date) and types of service utilized; lowing: of an electronic’’ and inserting ‘‘contents of ‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUS- ‘‘(E) telephone or instrument number or a wire or electronic’’ each place it appears; TOMER RECORDS.—A provider described in other subscriber number or identity, includ- and subsection (a) may divulge a record or other ing any temporarily assigned network ad- (C) in subsection (b), by striking ‘‘any elec- information pertaining to a subscriber to or dress; and tronic’’ and inserting ‘‘any wire or elec- customer of such service (not including the ‘‘(F) means and source of payment (includ- tronic’’ each place it appears. contents of communications covered by sub- ing any credit card or bank account num- SEC. 103. AUTHORIZED DISCLOSURE. section (a)(1) or (a)(2))— ber); ‘‘(1) as otherwise authorized in section Section 2510(7) of title 18, United States of a’’; and 2703; Code, is amended by inserting ‘‘, and (for (2) by striking ‘‘and the types of services ‘‘(2) with the lawful consent of the cus- purposes only of section 2517 as it relates to the subscriber or customer utilized,’’ after tomer or subscriber; foreign intelligence information) any Fed- ‘‘of a subscriber to or customer of such serv- ‘‘(3) as may be necessarily incident to the eral law enforcement, intelligence, national ice,’’. rendition of the service or to the protection security, national defense, protective, immi- SEC. 108. NATIONWIDE SERVICE OF SEARCH WAR- of the rights or property of the provider of gration personnel, or the President or Vice RANTS FOR ELECTRONIC EVIDENCE. that service; President of the United States’’ after ‘‘such Chapter 121 of title 18, United States Code, ‘‘(4) to a governmental entity, if the pro- offenses’’. is amended— vider reasonably believes that an emergency SEC. 104. SAVINGS PROVISION. (1) in section 2703, by striking ‘‘under the involving immediate danger of death or seri- Section 2511(2)(f) of title 18, United States Federal Rules of Criminal Procedure’’ each ous physical injury to any person justifies Code, is amended— place it appears and inserting ‘‘using the disclosure of the information; or (1) by striking ‘‘or chapter 121’’ and insert- procedures described in the Federal Rules of ‘‘(5) to any person other than a govern- ing ‘‘, chapter 121, or chapter 206’’; and Criminal Procedure by a court with jurisdic- mental entity.’’. (b) Section 2703 of title 18, United States (2) by striking ‘‘wire and oral’’ and insert- tion over the offense under investigation’’; Code, is amended— ing ‘‘wire, oral, and electronic’’. and (2) in section 2711— (1) so that the section heading reads as fol- SEC. 105. INTERCEPTION OF COMPUTER TRES- lows: PASSER COMMUNICATIONS. (A) in paragraph (1), by striking ‘‘and’’; (B) in paragraph (2), by striking the period ‘‘§ 2703. Required disclosure of customer com- Chapter 119 of title 18, United States Code, and inserting ‘‘; and’’; and munications or records’’; is amended— (C) by adding the following new paragraph (2) in subsection (c)(1)— (1) in section 2510— at the end: (A) in subparagraph (A), by striking ‘‘Ex- (A) in paragraph (17), by striking ‘‘and’’ at ‘‘(3) the term ‘court of competent jurisdic- cept’’ and all that follows through ‘‘only the end; tion’ has the meaning given that term in sec- when’’ in subparagraph (B) and inserting ‘‘A (B) in paragraph (18), by striking the pe- tion 3127, and includes any Federal court governmental entity may require a provider riod and inserting a semi-colon; and within that definition, without geographic of electronic communication service or re- (C) by adding after paragraph (18) the fol- limitation.’’. mote computing service to disclose a record lowing: SEC. 109. CLARIFICATION OF SCOPE. or other information pertaining to a sub- ‘‘(19) ‘protected computer’ has the meaning scriber to or customer of such service (not set forth in section 1030; and Section 2511(2) of title 18, United States Code, as amended by section 106(2) of this including the contents of communications) ‘‘(20) ‘computer trespasser’ means a person only when’’; who accesses a protected computer without Act, is further amended by adding at the end the following: (B) by striking ‘‘or’’ at the end of clause authorization and thus has no reasonable ex- (iii) of subparagraph (B); pectation of privacy in any communication ‘‘(j) With respect to a voluntary or obliga- tory disclosure of information (other than (C) by striking the period at the end of transmitted to, through, or from the pro- clause (iv) of subparagraph (B) and inserting tected computer.’’; information revealing customer cable view- ing activity) under this chapter, chapter 121, ‘‘; or’’; (2) in section 2511(2), by inserting after (D) by inserting after clause (iv) of sub- paragraph (h) the following: or chapter 206, subsections (c)(2)(B) and (h) of section 631 of the Communications Act of paragraph (B) the following: ‘‘(i) It shall not be unlawful under this 1934 do not apply. ‘‘(v) seeks information pursuant to sub- chapter for a person acting under color of paragraph (B).’’; law to intercept the wire or electronic com- SEC. 110. EMERGENCY DISCLOSURE OF ELEC- (E) in subparagraph (C), by striking ‘‘(B)’’ munications of a computer trespasser, if— TRONIC COMMUNICATIONS TO PRO- TECT LIFE AND LIMB. and inserting ‘‘(A)’’; and ‘‘(i) the owner or operator of the protected (F) by redesignating subparagraph (C) as (a) Section 2702 of title 18, United States computer authorizes the interception of the subparagraph (B); and Code, is amended— computer trespasser’s communications on (3) in subsection (e), by striking ‘‘or certifi- (1) by amending the heading to read as fol- the protected computer; cation’’ and inserting ‘‘certification, or stat- lows: ‘‘(ii) the person acting under color of law is utory authorization’’. lawfully engaged in an investigation; ‘‘§ 2702. Voluntary disclosure of customer SEC. 111. USE AS EVIDENCE. ‘‘(iii) the person acting under color of law communications or records’’ ; (a) IN GENERAL.—Section 2515 of title 18, has reasonable grounds to believe that the (2) in subsection (a)(2)(B) by striking the United States Code, is amended— contents of the computer trespasser’s com- period and inserting ‘‘; and’’; (1) by striking ‘‘wire or oral’’ in the head- munications will be relevant to the inves- (3) in subsection (a), by inserting after ing and inserting ‘‘wire, oral, or electronic’’; tigation; and paragraph (2) the following: (2) by striking ‘‘Whenever any wire or oral ‘‘(iv) such interception does not acquire ‘‘(3) a provider of remote computing serv- communication has been intercepted’’ and communications other than those trans- ice or electronic communication service to inserting ‘‘(a) Except as provided in sub- mitted to or from the computer trespasser.’’; the public shall not knowingly divulge a section (b), whenever any wire, oral, or elec- and record or other information pertaining to a tronic communication has been intercepted, (3) in section 2520(d)(3), by inserting ‘‘or subscriber to or customer of such service or any electronic communication in elec- 2511(2)(i)’’ after ‘‘2511(3)’’. (not including the contents of communica- tronic storage has been disclosed’’;

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.012 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6729 (3) by inserting ‘‘or chapter 121’’ after ‘‘this ‘‘(ii) the approximate number of other (B) by striking ‘‘; and’’ and inserting a pe- chapter’’; and communications disclosed; and riod; and (4) by adding at the end the following: ‘‘(iii) the approximate number of persons (3) by striking paragraph (3). ‘‘(b) Subsection (a) does not apply to the whose communications were disclosed. SEC. 156. BUSINESS RECORDS. disclosure, before a grand jury or in a crimi- ‘‘(3) In June of each year, beginning in 2003, (a) IN GENERAL.—Section 501 of the Foreign nal trial, hearing, or other criminal pro- the Director of the Administrative Office of Intelligence Surveillance Act of 1978 (50 ceeding, of the contents of a communication, the United States Courts shall transmit to U.S.C. 1861) is amended to read as follows: or evidence derived therefrom, against a per- the Congress a full and complete report con- ‘‘ACCESS TO CERTAIN BUSINESS RECORDS FOR son alleged to have intercepted, used, or dis- cerning the number of applications for or- FOREIGN INTELLIGENCE AND INTERNATIONAL closed the communication in violation of ders, warrants, or subpoenas authorizing or TERRORISM INVESTIGATIONS this chapter, or chapter 121, or participated requiring the disclosure of the contents of in such violation.’’. electronic communications pursuant to sub- ‘‘SEC. 501. (a) In any investigation to gath- (b) SECTION 2517.—Paragraphs (1) and (2) of sections (a) and (b) of this section and the er foreign intelligence information or an in- section 2517 are each amended by inserting number of orders, warrants, or subpoenas vestigation concerning international ter- ‘‘or under the circumstances described in granted or denied pursuant to subsections (a) rorism, such investigation being conducted section 2515(b)’’ after ‘‘by this chapter’’. and (b) of this section during the preceding by the Federal Bureau of Investigation under (c) SECTION 2518.—Section 2518 of title 18, calendar year. Such report shall include a such guidelines as the Attorney General may United States Code, is amended— summary and analysis of the data required approve pursuant to Executive Order No. (1) in subsection (7), by striking ‘‘sub- to be filed with the Administrative Office by 12333 (or a successor order), the Director of section (d)’’ and inserting ‘‘subsection paragraphs (1) and (2) of this subsection. The the Federal Bureau of Investigation or a des- (8)(d)’’; and Director of the Administrative Office of the ignee of the Director (whose rank shall be no (2) in subsection (10)— United States Courts is authorized to issue lower than Assistant Special Agent in (A) in paragraph (a)— binding regulations dealing with the content Charge) may make an application for an (i) by striking ‘‘or oral’’ each place it ap- and form of the reports required to be filed order requiring the production of any tan- pears and inserting ‘‘, oral, or electronic’’; by paragraphs (1) and (2) of this subsection.’’. gible things (including books, records, pa- (ii) by striking the period at the end of pers, documents, and other items) that are Subtitle B—Foreign Intelligence Surveillance clause (iii) and inserting a semicolon; and relevant to the investigation. and Other Information (iii) by inserting ‘‘except that no suppres- ‘‘(b) Each application under this section— sion may be ordered under the circumstances SEC. 151. PERIOD OF ORDERS OF ELECTRONIC ‘‘(1) shall be made to— described in section 2515(b).’’ before ‘‘Such SURVEILLANCE OF NON-UNITED ‘‘(A) a judge of the court established by motion’’; and STATES PERSONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE. section 103(a) of this Act; or (B) by striking paragraph (c). (a) INCLUDING AGENTS OF A FOREIGN ‘‘(B) a United States magistrate judge (d) CLERICAL AMENDMENT.—The item relat- POWER.—(1) Section 105(e)(1) of the Foreign under chapter 43 of title 28, United States ing to section 2515 in the table of sections at Intelligence Surveillance Act of 1978 (50 Code, who is publicly designated by the Chief the beginning of chapter 119 of title 18, U.S.C. 1805(e)(1)) is amended by inserting ‘‘or Justice of the United States to have the United States Code, is amended to read as an agent of a foreign power, as defined in power to hear applications and grant orders follows: section 101(b)(1)(A),’’ after ‘‘or (3),’’. for the release of records under this section ‘‘2515. Prohibition of use as evidence of inter- (2) Section 304(d)(1) of such Act (50 U.S.C. on behalf of a judge of that court; and cepted wire, oral, or electronic 1824(d)(1)) is amended by inserting ‘‘or an ‘‘(2) shall specify that the records con- communications.’’. agent of a foreign power, as defined in sec- cerned are sought for an investigation de- SEC. 112. REPORTS CONCERNING THE DISCLO- tion 101(b)(1)(A),’’ after ‘‘101(a),’’. scribed in subsection (a). SURE OF THE CONTENTS OF ELEC- (b) PERIOD OF ORDER.—Such section ‘‘(c)(1) Upon application made pursuant to TRONIC COMMUNICATIONS. 304(d)(1) is further amended by striking this section, the judge shall enter an ex Section 2703 of title 18, United States Code, ‘‘forty-five’’ and inserting ‘‘90’’. parte order as requested requiring the pro- is amended by adding at the end the fol- SEC. 152. MULTI-POINT AUTHORITY. duction the tangible things sought if the lowing: Section 105(c)(2)(B) of the Foreign Intel- judge finds that the application satisfies the ‘‘(g) REPORTS CONCERNING THE DISCLOSURE ligence Surveillance Act of 1978 (50 U.S.C. requirements of this section. OF THE CONTENTS OF ELECTRONIC COMMUNICA- 1805(c)(2)(B)) is amended by inserting ‘‘, or, ‘‘(2) An order under this subsection shall TIONS.— in circumstances where the Court finds that not disclose that it is issued for purposes of ‘‘(1) By January 31 of each calendar year, the actions of the target of the electronic an investigation described in subsection (a). the judge issuing or denying an order, war- surveillance may have the effect of thwart- ‘‘(d) A person who, in good faith, produces rant, or subpoena, or the authority issuing ing the identification of a specified person, tangible things under an order issued pursu- or denying a subpoena, under subsection (a) such other persons,’’ after ‘‘specified per- ant to this section shall not be liable to any or (b) of this section during the preceding son’’. other person for such production. Such pro- calendar year shall report on each such SEC. 153. FOREIGN INTELLIGENCE INFORMA- duction shall not be deemed to constitute a order, warrant, or subpoena to the Adminis- TION. waiver of any privilege in any other pro- trative Office of the United States Courts— Sections 104(a)(7)(B) and 303(a)(7)(B) of the ceeding or context.’’. ‘‘(A) the fact that the order, warrant, or Foreign Intelligence Surveillance Act of 1978 (b) CONFORMING AMENDMENTS.—(1) Section subpoena was applied for; (50 U.S.C. 1804(a)(7)(B), 1823(a)(7)(B)) are each 502 of such Act (50 U.S.C. 1862) is repealed. ‘‘(B) the kind of order, warrant, or sub- amended by striking ‘‘that the’’ and insert- (2) Section 503 of such Act (50 U.S.C. 1863) poena applied for; ing ‘‘that a significant’’. is redesignated as section 502. ‘‘(C) the fact that the order, warrant, or SEC. 154. FOREIGN INTELLIGENCE INFORMATION (c) CLERICAL AMENDMENT.—The table of subpoena was granted as applied for, was SHARING. contents at the beginning of the Foreign In- modified, or was denied; Notwithstanding any other provision of telligence Surveillance Act of 1978 (50 U.S.C. ‘‘(D) the offense specified in the order, war- law, it shall be lawful for foreign intelligence 1801 et seq.) is amended by striking the items rant, subpoena, or application; information obtained as part of a criminal relating to title V and inserting the fol- ‘‘(E) the identity of the agency making the investigation (including information ob- lowing: application; and tained pursuant to chapter 119 of title 18, ‘‘TITLE V—ACCESS TO CERTAIN BUSI- ‘‘(F) the nature of the facilities from which United States Code) to be provided to any NESS RECORDS FOR FOREIGN INTEL- or the place where the contents of electronic Federal law-enforcement-, intelligence-, pro- LIGENCE PURPOSES communications were to be disclosed. tective-, national-defense, or immigration ‘‘(2) In January of each year the Attorney personnel, or the President or the Vice Presi- ‘‘501. Access to certain business records for General or an Assistant Attorney General dent of the United States, for the perform- foreign intelligence and inter- specially designated by the Attorney General ance of official duties. national terrorism investiga- shall report to the Administrative Office of SEC. 155. PEN REGISTER AND TRAP AND TRACE tions. the United States Courts— AUTHORITY. ‘‘502. Congressional oversight.’’. ‘‘(A) the information required by subpara- Section 402(c) of the Foreign Intelligence SEC. 157. MISCELLANEOUS NATIONAL-SECURITY graphs (A) through (F) of paragraph (1) of Surveillance Act of 1978 (50 U.S.C. 1842(c)) is AUTHORITIES. this subsection with respect to each applica- amended— (a) Section 2709(b) of title 18, United States tion for an order, warrant, or subpoena made (1) in paragraph (1), by adding ‘‘and’’ at the Code, is amended— during the preceding calendar year; and end; (1) in paragraph (1)— ‘‘(B) a general description of the disclo- (2) in paragraph (2)— (A) by inserting ‘‘, or electronic commu- sures made under each such order, warrant, (A) by inserting ‘‘from the telephone line nication transactional records’’ after ‘‘toll or subpoena, including— to which the pen register or trap and trace billing records’’; and ‘‘(i) the approximate number of all commu- device is to be attached, or the communica- (B) by striking ‘‘made that’’ and all that nications disclosed and, of those, the approx- tion instrument or device to be covered by follows through the end of such paragraph imate number of incriminating communica- the pen register or trap and trace device’’ and inserting ‘‘made that the name, address, tions disclosed; after ‘‘obtained’’; and length of service, and toll billing records

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.012 pfrm01 PsN: H12PT1 H6730 CONGRESSIONAL RECORD — HOUSE October 12, 2001 sought are relevant to an authorized foreign property shall be held, used, administered, ‘‘(b) an organization designated as a for- counterintelligence investigation; and’’; and liquidated, sold, or otherwise dealt with in eign terrorist organization under section 219; (2) in paragraph (2), by striking ‘‘made the interest of and for the benefit of the or that’’ and all that follows through the end United States, except that the proceeds of ‘‘(c) a terrorist organization described in and inserting ‘‘made that the information any such liquidation or sale, or any cash as- clause (v)(II), but only if the solicitor knows, sought is relevant to an authorized foreign sets, shall be segregated from other United or reasonably should know, that the solicita- counterintelligence investigation.’’. States Government funds and shall be used tion would further a terrorist activity; (b) Section 624 of Public Law 90–321 (15 only pursuant to a statute authorizing the ‘‘(V) to solicit any individual— U.S.C. 1681u) is amended— expenditure of such proceeds or assets, and ‘‘(a) to engage in conduct otherwise de- (1) in subsection (a), by striking ‘‘writing ‘‘(iii) such designated agency or person scribed in this clause; that’’ and all that follows through the end may perform any and all acts incident to the ‘‘(b) for membership in a terrorist govern- and inserting ‘‘writing that such information accomplishment or furtherance of these pur- ment; is necessary for the conduct of an authorized poses.’’. ‘‘(c) for membership in an organization foreign counterintelligence investigation.’’; SEC. 160. SUNSET. designated as a foreign terrorist organiza- (2) in subsection (b), by striking ‘‘writing This title and the amendments made by tion under section 219; or that’’ and all that follows through the end this title (other than sections 109 (relating to ‘‘(d) for membership in a terrorist organi- and inserting ‘‘writing that such information clarification of scope) and 159 (relating to zation described in clause (v)(II), but only if is necessary for the conduct of an authorized presidential authority)) and the amendments the solicitor knows, or reasonably should foreign counterintelligence investigation.’’; made by those sections shall take effect on know, that the solicitation would further a and the date of enactment of this Act and shall terrorist activity; or (3) in subsection (c), by striking ‘‘camera cease to have any effect on December 31, ‘‘(VI) to commit an act that the actor that’’ and all that follows through ‘‘States.’’ 2003. knows, or reasonably should know, affords and inserting ‘‘camera that the consumer re- material support, including a safe house, port is necessary for the conduct of an au- TITLE II—ALIENS ENGAGING IN transportation, communications, funds, thorized foreign counterintelligence inves- TERRORIST ACTIVITY transfer of funds or other material financial tigation.’’. Subtitle A—Detention and Removal of Aliens benefit, false documentation or identifica- SEC. 158. PROPOSED LEGISLATION. Engaging in Terrorist Activity tion, weapons (including chemical, biologi- Not later than August 31, 2003, the Presi- cal, and radiological weapons), explosives, or SEC. 201. CHANGES IN CLASSES OF ALIENS WHO dent shall propose legislation relating to the ARE INELIGIBLE FOR ADMISSION training— provisions set to expire by section 160 of this AND DEPORTABLE DUE TO TER- ‘‘(a) for the commission of a terrorist ac- Act as the President may judge necessary RORIST ACTIVITY. tivity; and expedient. (a) ALIENS INELIGIBLE FOR ADMISSION DUE ‘‘(b) to any individual who the actor SEC. 159. PRESIDENTIAL AUTHORITY. TO TERRORIST ACTIVITIES.—Section knows, or reasonably should know, has com- Section 203 of the International Emergency 212(a)(3)(B) of the Immigration and Nation- mitted or plans to commit a terrorist activ- Economic Powers Act (50 U.S.C. 1702) is ality Act (8 U.S.C. 1182(a)(3)(B)) is amended— ity; amended in subsection (a)(1)— (1) in clause (i)— ‘‘(c) to an organization designated as a for- (1) in subparagraph (A)— (A) in subclauses (I), (II), and (III), by eign terrorist organization under section 219; (A) in clause (ii), by adding ‘‘or’’ after striking the comma at the end and inserting or ‘‘thereof,’’; and a semicolon; ‘‘(d) to a terrorist organization described (B) by striking clause (iii) and inserting (B) by amending subclause (IV) to read as in clause (v)(II), but only if the actor knows, the following: follows: or reasonably should know, that the act ‘‘(iii) the importing or exporting of cur- ‘‘(IV) is a representative of— would further a terrorist activity.’’; and rency or securities, ‘‘(a) a foreign terrorist organization, as (4) by adding at the end the following: by any person, or with respect to any prop- designated by the Secretary of State under ‘‘(v) TERRORIST ORGANIZATION DEFINED.—As erty, subject to the jurisdiction of the section 219; or used in this subparagraph, the term ‘ter- United States;’’; ‘‘(b) a political, social, or other similar rorist organization’ means— (2) by striking after subparagraph (B), ‘‘by group whose public endorsement of terrorist ‘‘(I) an organization designated as a foreign any person, or with respect to any property, activity the Secretary of State has deter- terrorist organization under section 219; or subject to the jurisdiction of the United mined undermines the efforts of the United ‘‘(II) with regard to a group that is not an States’’; States to reduce or eliminate terrorist ac- organization described in subclause (I), a (3) in subparagraph (B)— tivities;’’; group of 2 or more individuals, whether orga- (A) by inserting after ‘‘investigate’’ the (C) in subclause (V), by striking any nized or not, which engages in, or which has following: ‘‘, block during the pendency of an comma at the end, by striking any ‘‘or’’ at a significant subgroup which engages in, the investigation for a period of not more than the end, and by adding ‘‘; or’’ at the end; and activities described in subclause (I), (II), or 90 days (which may be extended by an addi- (D) by inserting after subclause (V) the fol- (III) of clause (iii). tional 60 days if the President determines lowing: ‘‘(vi) SPECIAL RULE FOR MATERIAL SUP- that such blocking is necessary to carry out ‘‘(VI) has used the alien’s prominence with- PORT.—Clause (iii)(VI)(b) shall not be con- the purposes of this Act),’’; and in a foreign state or the United States to en- strued to include the affording of material (B) by striking ‘‘interest;’’ and inserting dorse or espouse terrorist activity, or to per- support to an individual who committed or ‘‘interest, by any person, or with respect to suade others to support terrorist activity or planned to commit a terrorist activity, if the any property, subject to the jurisdiction of a terrorist organization, in a way that the alien establishes by clear and convincing evi- the United States; and’’; and Secretary of State has determined under- dence that such support was afforded only (4) by adding at the end the following new mines the efforts of the United States to re- after such individual permanently and pub- subparagraph: duce or eliminate terrorist activities;’’; licly renounced, rejected the use of, and had ‘‘(C) when a statute has been enacted au- (2) in clause (ii)— ceased to engage in, terrorist activity.’’. thorizing the use of force by United States (A) in the matter preceding subclause (I), (b) ALIENS INELIGIBLE FOR ADMISSION DUE armed forces against a foreign country, for- by striking ‘‘(or which, if committed in the TO ENDANGERMENT.—Section 212(a)(3) of the eign organization, or foreign national, or United States,’’ and inserting ‘‘(or which, if Immigration and Nationality Act (8 U.S.C. when the United States has been subject to it had been or were to be committed in the 1182(a)(3)) is amended by adding at the end an armed attack by a foreign country, for- United States,’’; and the following: eign organization, or foreign national, con- (B) in subclause (V)(b), by striking ‘‘explo- ‘‘(F) ENDANGERMENT.—Any alien who the fiscate any property, subject to the jurisdic- sive or firearm’’ and inserting ‘‘explosive, Secretary of State, after consultation with tion of the United States, of any foreign firearm, or other object’’; the Attorney General, or the Attorney Gen- country, foreign organization, or foreign na- (3) by amending clause (iii) to read as fol- eral, after consultation with the Secretary of tional against whom United States armed lows: State, determines has been associated with a forces may be used pursuant to such statute ‘‘(iii) ENGAGE IN TERRORIST ACTIVITY DE- terrorist organization and intends while in or, in the case of an armed attack against FINED.—As used in this Act, the term ‘engage the United States to engage solely, prin- the United States, that the President deter- in terrorist activity’ means, in an individual cipally, or incidentally in activities that mines has planned, authorized, aided, or en- capacity or as a member of an organization— could endanger the welfare, safety, or secu- gaged in such attack; and ‘‘(I) to commit a terrorist activity; rity of the United States is inadmissible.’’. ‘‘(i) all right, title, and interest in any ‘‘(II) to plan or prepare to commit a ter- property so confiscated shall vest when, as, rorist activity; (c) ALIENS DEPORTABLE DUE TO TERRORIST and upon the terms directed by the Presi- ‘‘(III) to gather information on potential ACTIVITIES.—Section 237(a)(4)(B) of the Im- dent, in such agency or person as the Presi- targets for a terrorist activity; migration and Nationality (8 U.S.C. dent may designate from time to time, ‘‘(IV) to solicit funds or other things of 1227(a)(4)(B)) is amended to read as follows: ‘‘(ii) upon such terms and conditions as the value for— ‘‘(B) TERRORIST ACTIVITIES.—Any alien is President may prescribe, such interest or ‘‘(a) a terrorist activity; deportable who—

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.012 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6731 ‘‘(i) has engaged, is engaged, or at any time rorist organization at any time when such (A) by striking ‘‘(1)(B),’’ and inserting after admission engages in terrorist activity organization was designated by the Sec- ‘‘(2)(B), or if a redesignation under this sub- (as defined in section 212(a)(3)(B)(iii)); retary of State under section 219 of such Act; section has become effective under para- ‘‘(ii) is a representative (as defined in sec- or graph (4)(B)’’; tion 212(a)(3)(B)(iv)) of— (ii) described in subclause (IV)(c), (V)(d), or (B) by inserting ‘‘or an alien in a removal ‘‘(I) a foreign terrorist organization, as (VI)(d) of section 212(a)(3)(B)(iii) of such Act proceeding’’ after ‘‘criminal action’’; and designated by the Secretary of State under (as so amended) with respect to any group (C) by inserting ‘‘or redesignation’’ before section 219; or described in any of such subclauses. ‘‘as a defense’’. ‘‘(II) a political, social, or other similar SEC. 202. CHANGES IN DESIGNATION OF FOREIGN SEC. 203. MANDATORY DETENTION OF SUS- group whose public endorsement of terrorist TERRORIST ORGANIZATIONS. PECTED TERRORISTS; HABEAS COR- activity— Section 219(a) of the Immigration and Na- PUS; JUDICIAL REVIEW. ‘‘(a) is intended and likely to incite or tionality Act (8 U.S.C. 1189(a)) is amended— (a) IN GENERAL.—The Immigration and Na- produce imminent lawless action; and (1) in paragraph (1)— tionality Act (8 U.S.C. 1101 et seq.) is amend- ‘‘(b) has been determined by the Secretary (A) in subparagraph (B), by striking ed by inserting after section 236 the fol- of State to undermine the efforts of the ‘‘212(a)(3)(B));’’ and inserting ‘‘212(a)(3)(B)), lowing: United States to reduce or eliminate ter- engages in terrorism (as defined in section ‘‘MANDATORY DETENTION OF SUSPECTED rorist activities; or 140(d)(2) of the Foreign Relations Authoriza- TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW ‘‘(iii) has used the alien’s prominence with- tion Act, Fiscal Years 1988 and 1989 (22 U.S.C. ‘‘SEC. 236A. (a) DETENTION OF TERRORIST in a foreign state or the United States— 2656f(d)(2)), or retains the capability and in- ALIENS.— ‘‘(I) to endorse, in a manner that is in- tent to engage in terrorist activity or to en- ‘‘(1) CUSTODY.—The Attorney General shall tended and likely to incite or produce immi- gage in terrorism (as so defined);’’; and take into custody any alien who is certified nent lawless action and that has been deter- (B) in subparagraph (C), by inserting ‘‘or under paragraph (3). mined by the Secretary of State to under- terrorism’’ after ‘‘activity’’; ‘‘(2) RELEASE.—Except as provided in para- mine the efforts of the United States to re- (2) in paragraph (2)— graph (5), the Attorney General shall main- duce or eliminate terrorist activities, ter- (A) by amending subparagraph (A) to read tain custody of such an alien until the alien rorist activity; or as follows: is removed from the United States. Such cus- ‘‘(II) to persuade others, in a manner that ‘‘(A) NOTICE.— tody shall be maintained irrespective of any is intended and likely to incite or produce ‘‘(i) IN GENERAL.—Seven days before mak- relief from removal for which the alien may imminent lawless action and that has been ing a designation under this subsection, the be eligible, or any relief from removal grant- determined by the Secretary of State to un- Secretary shall, by classified communica- ed the alien, until the Attorney General de- dermine the efforts of the United States to tion, notify the Speaker and minority leader termines that the alien is no longer an alien reduce or eliminate terrorist activities, to of the House of Representatives, the Presi- who may be certified under paragraph (3). support terrorist activity or a terrorist orga- dent pro tempore, majority leader, and mi- ‘‘(3) CERTIFICATION.—The Attorney General nization (as defined in section nority leader of the Senate, the members of may certify an alien under this paragraph if 212(a)(3)(B)(v)).’’. the relevant committees, and the Secretary the Attorney General has reasonable grounds (d) RETROACTIVE APPLICATION OF AMEND- of the Treasury, in writing, of the intent to to believe that the alien— MENTS.— designate a foreign organization under this ‘‘(A) is described in section 212(a)(3)(A)(i), (1) IN GENERAL.—The amendments made by subsection, together with the findings made 212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), this section shall take effect on the date of under paragraph (1) with respect to that or- 237(a)(4)(A)(iii), or 237(a)(4)(B); or the enactment of this Act and shall apply ganization, and the factual basis therefor. ‘‘(B) is engaged in any other activity that to— ‘‘(ii) PUBLICATION OF DESIGNATION.—The endangers the national security of the (A) actions taken by an alien before such Secretary shall publish the designation in United States. date, as well as actions taken on or after the Federal Register seven days after pro- ‘‘(4) NONDELEGATION.—The Attorney Gen- such date; and viding the notification under clause (i).’’; eral may delegate the authority provided (B) all aliens, without regard to the date of (B) in subparagraph (B), by striking ‘‘(A).’’ under paragraph (3) only to the Commis- entry or attempted entry into the United and inserting ‘‘(A)(ii).’’; and sioner. The Commissioner may not delegate States— (C) in subparagraph (C), by striking ‘‘para- such authority. (i) in removal proceedings on or after such graph (2),’’ and inserting ‘‘subparagraph ‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The date (except for proceedings in which there (A)(i),’’; Attorney General shall place an alien de- has been a final administrative decision be- (3) in paragraph (3)(B), by striking ‘‘sub- tained under paragraph (1) in removal pro- fore such date); or section (c).’’ and inserting ‘‘subsection (b).’; ceedings, or shall charge the alien with a (ii) seeking admission to the United States (4) in paragraph (4)(B), by inserting after criminal offense, not later than 7 days after on or after such date. the first sentence the following: ‘‘The Sec- the commencement of such detention. If the (2) SPECIAL RULE FOR ALIENS IN EXCLUSION retary may also redesignate such organiza- requirement of the preceding sentence is not OR DEPORTATION PROCEEDINGS.—Notwith- tion at the end of any 2-year redesignation satisfied, the Attorney General shall release standing any other provision of law, the period (but not sooner than 60 days prior to the alien. amendments made by this section shall the termination of such period) for an addi- ‘‘(b) HABEAS CORPUS AND JUDICIAL RE- apply to all aliens in exclusion or deporta- tional 2-year period upon a finding that the VIEW.—Judicial review of any action or deci- tion proceedings on or after the date of the relevant circumstances described in para- sion relating to this section (including judi- enactment of this Act (except for pro- graph (1) still exist. Any redesignation shall cial review of the merits of a determination ceedings in which there has been a final ad- be effective immediately following the end of made under subsection (a)(3)) is available ex- ministrative decision before such date) as if the prior 2-year designation or redesignation clusively in habeas corpus proceedings in the such proceedings were removal proceedings. period unless a different effective date is pro- United States District Court for the District (3) SPECIAL RULE FOR SECTION 219 ORGANIZA- vided in such redesignation.’’; of Columbia. Notwithstanding any other pro- TIONS.— (5) in paragraph (6)— vision of law, including section 2241 of title (A) IN GENERAL.—Notwithstanding para- (A) in subparagraph (A)— 28, United States Code, except as provided in graphs (1) and (2), no alien shall be consid- (i) in the matter preceding clause (i), by in- the preceding sentence, no court shall have ered inadmissible under section 212(a)(3) of serting ‘‘or a redesignation made under para- jurisdiction to review, by habeas corpus peti- the Immigration and Nationality Act (8 graph (4)(B)’’ after ‘‘paragraph (1)’’; tion or otherwise, any such action or deci- U.S.C. 1182(a)(3)), or deportable under section (ii) in clause (i)— sion.’’. 237(a)(4)(B) of such Act (8 U.S.C. (I) by inserting ‘‘or redesignation’’ after (b) CLERICAL AMENDMENT.—The table of 1227(a)(4)(B)), by reason of the amendments ‘‘designation’’ the first place it appears; and contents of the Immigration and Nationality made by subsection (a), on the ground that (II) by striking ‘‘of the designation;’’ and Act is amended by inserting after the item the alien engaged in a terrorist activity de- inserting a semicolon; and relating to section 236 the following: scribed in subclause (IV)(b), (V)(c), or (VI)(c) (iii) in clause (ii), by striking ‘‘of the des- ‘‘Sec. 236A. Mandatory detention of sus- of section 212(a)(3)(B)(iii) of such Act (as so ignation.’’ and inserting a period; pected terrorists; habeas cor- amended) with respect to a group at any (B) in subparagraph (B), by striking pus; judicial review.’’. time when the group was not a foreign ter- ‘‘through (4)’’ and inserting ‘‘and (3)’’; and (c) REPORTS.—Not later than 6 months rorist organization designated by the Sec- (C) by adding at the end the following: after the date of the enactment of this Act, retary of State under section 219 of such Act ‘‘(C) EFFECTIVE DATE.—Any revocation and every 6 months thereafter, the Attorney (8 U.S.C. 1189). shall take effect on the date specified in the General shall submit a report to the Com- (B) CONSTRUCTION.—Subparagraph (A) shall revocation or upon publication in the Fed- mittee on the Judiciary of the House of Rep- not be construed to prevent an alien from eral Register if no effective date is speci- resentatives and the Committee on the Judi- being considered inadmissible or deportable fied.’’; ciary of the Senate, with respect to the re- for having engaged in a terrorist activity— (6) in paragraph (7), by inserting ‘‘, or the porting period, on— (i) described in subclause (IV)(b), (V)(c), or revocation of a redesignation under para- (1) the number of aliens certified under (VI)(c) of section 212(a)(3)(B)(iii) of such Act graph (6),’’ after ‘‘(5) or (6)’’; and section 236A(a)(3) of the Immigration and (as so amended) with respect to a foreign ter- (7) in paragraph (8)— Nationality Act, as added by subsection (a);

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(2) the grounds for such certifications; (1) IN GENERAL.—Section 208 of the Immi- Department of State’s automated visa look- (3) the nationalities of the aliens so cer- gration and Nationality Act (8 U.S.C. 1158) is out database or other appropriate database, tified; amended by adding at the end the following: and shall be provided without any fee or (4) the length of the detention for each ‘‘(e) LIMITATION ON CONFIDENTIALITY OF IN- charge. The Director of the Federal Bureau alien so certified; and FORMATION.— of Investigation shall provide periodic up- (5) the number of aliens so certified who— ‘‘(1) IN GENERAL.—The restrictions on in- dates of the extracts at intervals mutually (A) were granted any form of relief from formation disclosure in section 208.6 of title agreed upon by the Attorney General and the removal; 8, Code of Federal Regulations (as in effect official provided access. Upon receipt of such (B) were removed; on the date of the enactment of the PA- updated extracts, the receiving official shall (C) the Attorney General has determined TRIOT Act or pursuant to any successor pro- make corresponding updates to the official’s are no longer an alien who may be so cer- vision), shall not apply to a disclosure to any databases and destroy previously provided tified; or person, if— extracts. Such access to any extract shall (D) were released from detention. ‘‘(A) the disclosure is made in the course of not be construed to entitle the Secretary of SEC. 204. MULTILATERAL COOPERATION an investigation of an alien to determine if State to obtain the full content of the cor- AGAINST TERRORISTS. the alien is described in section 212(a)(3)(B)(i) responding automated criminal history Section 222(f) of the Immigration and Na- or 237(a)(4)(B); and record. To obtain the full content of a crimi- tionality Act (8 U.S.C. 1202(f)) is amended— ‘‘(B) the Attorney General has reasonable nal history record, the Secretary of State (1) by striking ‘‘The records’’ and inserting grounds to believe that the alien may be so shall submit the applicant’s fingerprints and ‘‘(1) Subject to paragraphs (2) and (3), the described. any appropriate fingerprint processing fee records’’; ‘‘(2) EXCEPTION.—The requirement of para- authorized by law to the Criminal Justice In- (2) by striking ‘‘United States,’’ and all graph (1)(B) shall not apply to an alien if the formation Services Division of the Federal that follows through the period at the end alien alleges that the alien is eligible for Bureau of Investigation. asylum, in whole or in part, because a for- and inserting ‘‘United States.’’; and ‘‘(c) RECONSIDERATION.—The provision of eign government believes that the alien is (3) by adding at the end the following: the extracts described in subsection (b) may described in section 212(a)(3)(B)(i) or ‘‘(2) In the discretion of the Secretary of be reconsidered by the Attorney General and 237(a)(4)(B). State, certified copies of such records may the receiving official upon the development ‘‘(3) DISCLOSURES TO FOREIGN GOVERN- be made available to a court which certifies and deployment of a more cost-effective and MENTS.—If the Attorney General desires to that the information contained in such efficient means of sharing the information. records is needed by the court in the interest disclose information to a foreign government of the ends of justice in a case pending before under paragraph (1), the Attorney General ‘‘(d) REGULATIONS.—For purposes of admin- the court. shall request the Secretary of State to make istering this section, the Secretary of State ‘‘(3)(A) Subject to the provisions of this the disclosure.’’. shall, prior to receiving access to National paragraph, the Secretary of State may pro- (2) EFFECTIVE DATE.—The amendment Crime Information Center data, promulgate vide copies of records of the Department of made by paragraph (1) shall take effect on final regulations— State and of diplomatic and consular offices the date of the enactment of this Act and ‘‘(1) to implement procedures for the tak- of the United States (including the Depart- shall apply to the disclosure of information ing of fingerprints; and ment of State’s automated visa lookout on or after such date. ‘‘(2) to establish the conditions for the use database) pertaining to the issuance or re- SEC. 206. PROTECTION OF NORTHERN BORDER. of the information received from the Federal fusal of visas or permits to enter the United There are authorized to be appropriated— Bureau of Investigation, in order— States, or information contained in such (1) such sums as may be necessary to triple ‘‘(A) to limit the redissemination of such records, to foreign governments if the Sec- the number of Border Patrol personnel (from information; retary determines that it is necessary and the number authorized under current law) in ‘‘(B) to ensure that such information is appropriate. each State along the northern border; used solely to determine whether to issue a ‘‘(B) Such records and information may be (2) such sums as may be necessary to triple visa to an individual; provided on a case-by-case basis for the pur- the number of Immigration and Naturaliza- ‘‘(C) to ensure the security, confiden- pose of preventing, investigating, or pun- tion Service inspectors (from the number au- tiality, and destruction of such information; ishing acts of terrorism. General access to thorized under current law) at ports of entry and records and information may be provided in each State along the northern border; and ‘‘(D) to protect any privacy rights of indi- under an agreement to limit the use of such (3) an additional $50,000,000 to the Immigra- viduals who are subjects of such informa- records and information to the purposes de- tion and Naturalization Service for purposes tion.’’. scribed in the preceding sentence. of making improvements in technology for (b) CLERICAL AMENDMENT.—The table of ‘‘(C) The Secretary of State shall make monitoring the northern border and acquir- contents of the Immigration and Nationality any determination under this paragraph in ing additional equipment at the northern Act is amended by amending the item relat- consultation with any Federal agency that border. ing to section 105 to read as follows: compiled or provided such records or infor- SEC. 207. REQUIRING SHARING BY THE FEDERAL mation. BUREAU OF INVESTIGATION OF CER- ‘‘Sec. 105. Liaison with internal security offi- ‘‘(D) To the extent possible, such records TAIN CRIMINAL RECORD EXTRACTS cers and data exchange.’’. WITH OTHER FEDERAL AGENCIES IN and information shall be made available to ORDER TO ENHANCE BORDER SECU- (c) EFFECTIVE DATE AND IMPLEMENTA- foreign governments on a reciprocal basis.’’. RITY. TION.—The amendments made by this section SEC. 205. CHANGES IN CONDITIONS FOR GRANT- (a) IN GENERAL.—Section 105 of the Immi- shall take effect on the date of the enact- ING ASYLUM AND ASYLUM PROCE- gration and Nationality Act (8 U.S.C. 1105), is ment of this Act and shall be fully imple- DURES. amended— mented not later than 18 months after such (a) ALIENS INELIGIBLE FOR ASYLUM DUE TO (1) in the section heading, by adding ‘‘AND date. TERRORIST ACTIVITIES.— DATA EXCHANGE’’ at the end; (d) REPORTING REQUIREMENT.—Not later (1) IN GENERAL.—Section 208(b)(2)(A)(v) of (2) by inserting ‘‘(a) LIAISON WITH INTER- than 2 years after the date of the enactment the Immigration and Nationality Act (8 NAL SECURITY OFFICERS.—’’ after ‘‘105.’’; of this Act, the Attorney General and the U.S.C. 1158(b)(2)(A)(v)) is amended— (3) by striking ‘‘the internal security of’’ Secretary of State, jointly, shall report to (A) by striking ‘‘inadmissible under’’ and and inserting ‘‘the internal and border secu- the Congress on the implementation of the inserting ‘‘described in’’; and rity of’’; and amendments made by this section. (B) by striking ‘‘removable under’’ and in- (4) by adding at the end the following: serting ‘‘described in’’. ‘‘(b) CRIMINAL HISTORY RECORD INFORMA- (e) CONSTRUCTION.—Nothing in this section, (2) RETROACTIVE APPLICATION OF AMEND- TION.—The Attorney General and the Direc- or in any other law, shall be construed to MENTS.—The amendments made by para- tor of the Federal Bureau of Investigation limit the authority of the Attorney General graph (1) shall take effect on the date of the shall provide the Secretary of State and the or the Director of the Federal Bureau of In- enactment of this Act and shall apply to— Commissioner access to the criminal history vestigation to provide access to the criminal (A) actions taken by an alien before such record information contained in the National history record information contained in the date, as well as actions taken on or after Crime Information Center’s Interstate Iden- National Crime Information Center’s Inter- such date; and tification Index, Wanted Persons File, and to state Identification Index, or to any other (B) all aliens, without regard to the date of any other files maintained by the National information maintained by such center, to entry or attempted entry into the United Crime Information Center that may be mu- any Federal agency or officer authorized to States, whose application for asylum is pend- tually agreed upon by the Attorney General enforce or administer the immigration laws ing on or after such date (except for applica- and the official to be provided access, for the of the United States, for the purpose of such tions with respect to which there has been a purpose of determining whether a visa appli- enforcement or administration, upon terms final administrative decision before such cant or applicant for admission has a crimi- that are consistent with sections 212 through date). nal history record indexed in any such file. 216 of the National Crime Prevention and (b) DISCLOSURE OF ASYLUM APPLICATION IN- Such access shall be provided by means of Privacy Compact Act of 1998 (42 U.S.C. 14611 FORMATION.— extracts of the records for placement in the et seq.).

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Subtitle B—Preservation of Immigration (d) NUMERICAL LIMITATIONS.—For purposes (ii) the alien’s lawful nonimmigrant status Benefits for Victims of Terrorism of the application of sections 201 through 203 shall be considered to continue until the SEC. 211. SPECIAL IMMIGRANT STATUS. of the Immigration and Nationality Act (8 later of— (a) IN GENERAL.—For purposes of the Immi- U.S.C. 1151–1153) in any fiscal year, aliens eli- (I) the date such status otherwise would gration and Nationality Act (8 U.S.C. 1101 et gible to be provided status under this section have terminated if this subparagraph had seq.), the Attorney General may provide an shall be treated as special immigrants de- not been enacted; or alien described in subsection (b) with the scribed in section 101(a)(27) of such Act (8 (II) the date that is 60 days after the date status of a special immigrant under section U.S.C. 1101(a)(27)) who are not described in on which the application described in clause 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if subparagraph (A), (B), (C), or (K) of such sec- (i) otherwise would have been due. the alien— tion. (B) SPOUSES AND CHILDREN.—In the case of (1) files with the Attorney General a peti- SEC. 212. EXTENSION OF FILING OR REENTRY an alien who is the spouse or child of a prin- tion under section 204 of such Act (8 U.S.C. DEADLINES. cipal alien described in subparagraph (A), if 1154) for classification under section 203(b)(4) (a) AUTOMATIC EXTENSION OF NON- the spouse or child was in a lawful non- of such Act (8 U.S.C. 1153(b)(4)); and IMMIGRANT STATUS.— immigrant status on September 10, 2001, the (2) is otherwise eligible to receive an immi- (1) IN GENERAL.—Notwithstanding section spouse or child may remain lawfully in the grant visa and is otherwise admissible to the 214 of the Immigration and Nationality Act United States in the same nonimmigrant United States for permanent residence, ex- (8 U.S.C. 1184), in the case of an alien de- status until the later of— cept in determining such admissibility, the scribed in paragraph (2) who was lawfully (i) the date such lawful nonimmigrant sta- grounds for inadmissibility specified in sec- present in the United States as a non- tus otherwise would have terminated if this tion 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) immigrant on September 10, 2001, the alien subparagraph had not been enacted; or shall not apply. may remain lawfully in the United States in (ii) the date that is 60 days after the date (b) ALIENS DESCRIBED.— the same nonimmigrant status until the on which the application described in sub- (1) PRINCIPAL ALIENS.—An alien is de- later of— paragraph (A) otherwise would have been scribed in this subsection if— (A) the date such lawful nonimmigrant sta- due. (A) the alien was the beneficiary of— tus otherwise would have terminated if this (c) DIVERSITY IMMIGRANTS.— (i) a petition that was filed with the Attor- subsection had not been enacted; or (1) WAIVER OF FISCAL YEAR LIMITATION.— ney General on or before September 11, 2001— (B) 1 year after the death or onset of dis- Notwithstanding section 203(e)(2) of the Im- (I) under section 204 of the Immigration ability described in paragraph (2). migration and Nationality Act (8 U.S.C. and Nationality Act (8 U.S.C. 1154) to clas- (2) ALIENS DESCRIBED.— 1153(e)(2)), an immigrant visa number issued sify the alien as a family-sponsored immi- (A) PRINCIPAL ALIENS.—An alien is de- to an alien under section 203(c) of such Act grant under section 203(a) of such Act (8 scribed in this paragraph if the alien was dis- for fiscal year 2001 may be used by the alien U.S.C. 1153(a)) or as an employment-based abled as a direct result of a specified ter- during the period beginning on October 1, immigrant under section 203(b) of such Act (8 rorist activity. 2001, and ending on April 1, 2002, if the alien U.S.C. 1153(b)); or (B) SPOUSES AND CHILDREN.—An alien is de- establishes that the alien was prevented (II) under section 214(d) (8 U.S.C. 1184(d)) of scribed in this paragraph if the alien was, on from using it during fiscal year 2001 as a di- such Act to authorize the issuance of a non- September 10, 2001, the spouse or child of— rect result of a specified terrorist activity. immigrant visa to the alien under section (i) a principal alien described in subpara- (2) WORLDWIDE LEVEL.—In the case of an 101(a)(15)(K) of such Act (8 U.S.C. graph (A); or alien entering the United States as a lawful 1101(a)(15)(K)); or (ii) an alien who died as a direct result of permanent resident, or adjusting to that sta- (ii) an application for labor certification a specified terrorist activity. tus, under paragraph (1), the alien shall be under section 212(a)(5)(A) of such Act (8 (3) AUTHORIZED EMPLOYMENT.—During the counted as a diversity immigrant for fiscal U.S.C. 1182(a)(5)(A)) that was filed under reg- period in which a principal alien or alien year 2001 for purposes of section 201(e) of the ulations of the Secretary of Labor on or be- spouse is in lawful nonimmigrant status Immigration and Nationality Act (8 U.S.C. fore such date; and under paragraph (1), the alien shall be pro- 1151(e)), unless the worldwide level under (B) such petition or application was re- vided an ‘‘employment authorized’’ endorse- such section for such year has been exceeded, voked or terminated (or otherwise rendered ment or other appropriate document signi- in which case the alien shall be counted as a null), either before or after its approval, due fying authorization of employment not later diversity immigrant for fiscal year 2002. to a specified terrorist activity that directly than 30 days after the alien requests such au- (3) TREATMENT OF FAMILY MEMBERS OF CER- resulted in— thorization. TAIN ALIENS.—In the case of a principal alien (i) the death or disability of the petitioner, (b) NEW DEADLINES FOR EXTENSION OR issued an immigrant visa number under sec- applicant, or alien beneficiary; or CHANGE OF NONIMMIGRANT STATUS.— tion 203(c) of the Immigration and Nation- (ii) loss of employment due to physical (1) FILING DELAYS.—In the case of an alien ality Act (8 U.S.C. 1153(c)) for fiscal year damage to, or destruction of, the business of who was lawfully present in the United 2001, if such principal alien died as a direct the petitioner or applicant. States as a nonimmigrant on September 10, result of a specified terrorist activity, the (2) SPOUSES AND CHILDREN.— 2001, if the alien was prevented from filing a aliens who were, on September 10, 2001, the (A) IN GENERAL.—An alien is described in timely application for an extension or spouse and children of such principal alien this subsection if— change of nonimmigrant status as a direct shall, if not otherwise entitled to an immi- (i) the alien was, on September 10, 2001, the result of a specified terrorist activity, the grant status and the immediate issuance of a spouse or child of a principal alien described alien’s application shall be considered timely visa under subsection (a), (b), or (c) of sec- in paragraph (1); and filed if it is filed not later than 60 days after tion 203 of such Act, be entitled to the same (ii) the alien— it otherwise would have been due. status, and the same order of consideration, (I) is accompanying such principal alien; or (2) DEPARTURE DELAYS.—In the case of an that would have been provided to such alien (II) is following to join such principal alien alien who was lawfully present in the United spouse or child under section 203(d) of such not later than September 11, 2003. States as a nonimmigrant on September 10, Act if the principal alien were not deceased. (B) CONSTRUCTION.—For purposes of con- 2001, if the alien is unable timely to depart (d) EXTENSION OF EXPIRATION OF IMMIGRANT struing the terms ‘‘accompanying’’ and ‘‘fol- the United States as a direct result of a spec- VISAS.—Notwithstanding the limitations lowing to join’’ in subparagraph (A)(ii), any ified terrorist activity, the alien shall not be under section 221(c) of the Immigration and death of a principal alien that is described in considered to have been unlawfully present Nationality Act (8 U.S.C. 1201(c)), in the case paragraph (1)(B)(i) shall be disregarded. in the United States during the period begin- of any immigrant visa issued to an alien that (3) GRANDPARENTS OF ORPHANS.—An alien is ning on September 11, 2001, and ending on the expires or expired before December 31, 2001, if described in this subsection if the alien is a date of the alien’s departure, if such depar- the alien was unable to effect entry to the grandparent of a child, both of whose parents ture occurs on or before November 11, 2001. United States as a direct result of a specified died as a direct result of a specified terrorist (3) SPECIAL RULE FOR ALIENS UNABLE TO RE- terrorist activity, then the period of validity activity, if either of such deceased parents TURN FROM ABROAD.— of the visa is extended until December 31, was, on September 10, 2001, a citizen or na- (A) PRINCIPAL ALIENS.—In the case of an 2001, unless a longer period of validity is oth- tional of the United States or an alien law- alien who was in a lawful nonimmigrant sta- erwise provided under this subtitle. fully admitted for permanent residence in tus on September 10, 2001, but who was not (e) GRANTS OF PAROLE EXTENDED.—In the the United States. present in the United States on such date, if case of any parole granted by the Attorney (c) PRIORITY DATE.—Immigrant visas made the alien was prevented from returning to General under section 212(d)(5) of the Immi- available under this section shall be issued the United States in order to file a timely gration and Nationality Act (8 U.S.C. to aliens in the order in which a petition on application for an extension of non- 1182(d)(5)) that expires on a date on or after behalf of each such alien is filed with the At- immigrant status as a direct result of a spec- September 11, 2001, if the alien beneficiary of torney General under subsection (a)(1), ex- ified terrorist activity— the parole was unable to return to the cept that if an alien was assigned a priority (i) the alien’s application shall be consid- United States prior to the expiration date as date with respect to a petition described in ered timely filed if it is filed not later than a direct result of a specified terrorist activ- subsection (b)(1)(A)(i), the alien may main- 60 days after it otherwise would have been ity, the parole is deemed extended for an ad- tain that priority date. due; and ditional 90 days.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.013 pfrm01 PsN: H12PT1 H6734 CONGRESSIONAL RECORD — HOUSE October 12, 2001

(f) VOLUNTARY DEPARTURE.—Notwith- tion 203(b) of the Immigration and Nation- TITLE III—CRIMINAL JUSTICE standing section 240B of the Immigration ality Act (8 U.S.C. 1153(b)); or Subtitle A—Substantive Criminal Law and Nationality Act (8 U.S.C. 1229c), if a pe- (ii) an applicant for adjustment of status SEC. 301. STATUTE OF LIMITATION FOR PROS- riod for voluntary departure under such sec- to that of an alien described in clause (i), and ECUTING TERRORISM OFFENSES. tion expired during the period beginning on admissible to the United States for perma- (a) IN GENERAL.—Section 3286 of title 18, September 11, 2001, and ending on October 11, nent residence. United States Code, is amended to read as 2001, such voluntary departure period is (d) WAIVER OF PUBLIC CHARGE GROUNDS.— follows: In determining the admissibility of any alien deemed extended for an additional 30 days. ‘‘§ 3286. Terrorism offenses accorded an immigration benefit under this SEC. 213. HUMANITARIAN RELIEF FOR CERTAIN ‘‘(a) An indictment may be found or an in- SURVIVING SPOUSES AND CHIL- section, the grounds for inadmissibility spec- formation instituted at any time without DREN. ified in section 212(a)(4) of the Immigration limitation for any Federal terrorism offense (a) TREATMENT AS IMMEDIATE RELATIVES.— and Nationality Act (8 U.S.C. 1182(a)(4)) shall or any of the following offenses: Notwithstanding the second sentence of sec- not apply. tion 201(b)(2)(A)(i) of the Immigration and ‘‘(1) A violation of, or an attempt or con- SEC. 214. ‘‘AGE-OUT’’ PROTECTION FOR CHIL- spiracy to violate, section 32 (relating to de- Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), in DREN. the case of an alien who was the spouse of a For purposes of the administration of the struction of aircraft or aircraft facilities), citizen of the United States at the time of Immigration and Nationality Act (8 U.S.C. 37(a)(1) (relating to violence at international the citizen’s death and was not legally sepa- 1101 et seq.), in the case of an alien— airports), 175 (relating to biological weap- rated from the citizen at the time of the citi- (1) whose 21st birthday occurs in Sep- ons), 229 (relating to chemical weapons), 351(a)–(d) (relating to congressional, cabinet, zen’s death, if the citizen died as a direct re- tember 2001, and who is the beneficiary of a and Supreme Court assassination and kid- sult of a specified terrorist activity, the petition or application filed under such Act naping), 792 (relating to harboring terror- alien (and each child of the alien) shall be on or before September 11, 2001, the alien ists), 831 (relating to nuclear materials), considered, for purposes of section 201(b) of shall be considered to be a child for 90 days 844(f) or (i) when it relates to bombing (relat- such Act, to remain an immediate relative after the alien’s 21st birthday for purposes of ing to arson and bombing of certain prop- after the date of the citizen’s death, but only adjudicating such petition or application; erty), 1114(1) (relating to protection of offi- if the alien files a petition under section and cers and employees of the United States), 204(a)(1)(A)(ii) of such Act within 2 years (2) whose 21st birthday occurs after Sep- 1116, if the offense involves murder (relating after such date and only until the date the tember 2001, and who is the beneficiary of a to murder or manslaughter of foreign offi- alien remarries. petition or application filed under such Act (b) SPOUSES, CHILDREN, UNMARRIED SONS cials, official guests, or internationally pro- on or before September 11, 2001, the alien tected persons), 1203 (relating to hostage AND DAUGHTERS OF LAWFUL PERMANENT RESI- shall be considered to be a child for 45 days DENT ALIENS.— taking), 1751(a)–(d) (relating to Presidential after the alien’s 21st birthday for purposes of and Presidential staff assassination and kid- (1) IN GENERAL.—Any spouse, child, or un- adjudicating such petition or application. married son or daughter of an alien described naping), 2332(a)(1) (relating to certain homi- SEC. 215. TEMPORARY ADMINISTRATIVE RELIEF. in paragraph (3) who is included in a petition cides and other violence against United The Attorney General, for humanitarian States nationals occurring outside of the for classification as a family-sponsored im- purposes or to ensure family unity, may pro- migrant under section 203(a)(2) of the Immi- United States), 2332a (relating to use of vide temporary administrative relief to any weapons of mass destruction), 2332b (relating gration and Nationality Act (8 U.S.C. alien who— 1153(a)(2)) that was filed by such alien before to acts of terrorism transcending national (1) was lawfully present in the United boundaries) of this title. September 11, 2001, shall be considered (if the States on September 10, 2001; spouse, child, son, or daughter has not been ‘‘(2) Section 236 (relating to sabotage of nu- (2) was on such date the spouse, parent, or clear facilities or fuel) of the Atomic Energy admitted or approved for lawful permanent child of an individual who died or was dis- residence by such date) a valid petitioner for Act of 1954 (42 U.S.C. 2284); abled as a direct result of a specified ter- ‘‘(3) Section 601 (relating to disclosure of preference status under such section with rorist activity; and the same priority date as that assigned prior identities of covert agents) of the National (3) is not otherwise entitled to relief under Security Act of 1947 (50 U.S.C. 421). to the death described in paragraph (3)(A). any other provision of this subtitle. No new petition shall be required to be filed. ‘‘(4) Section 46502 (relating to aircraft pi- SEC. 216. EVIDENCE OF DEATH, DISABILITY, OR racy) of title 49. Such spouse, child, son, or daughter may be LOSS OF EMPLOYMENT. ‘‘(b) An indictment may be found or an in- eligible for deferred action and work author- (a) IN GENERAL.—The Attorney General formation instituted within 15 years after ization. shall establish appropriate standards for evi- the offense was committed for any of the fol- (2) SELF-PETITIONS.—Any spouse, child, or dence demonstrating, for purposes of this lowing offenses: unmarried son or daughter of an alien de- subtitle, that any of the following occurred ‘‘(1) Section 175b (relating to biological scribed in paragraph (3) who is not a bene- as a direct result of a specified terrorist ac- weapons), 842(m) or (n) (relating to plastic ficiary of a petition for classification as a tivity: explosives), 930(c) if it involves murder (re- family-sponsored immigrant under section (1) Death. lating to possessing a dangerous weapon in a 203(a)(2) of the Immigration and Nationality (2) Disability. Federal facility), 956 (relating to conspiracy Act may file a petition for such classifica- (3) Loss of employment due to physical to injure property of a foreign government), tion with the Attorney General, if the damage to, or destruction of, a business. 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7) (relating spouse, child, son, or daughter was present in (b) WAIVER OF REGULATIONS.—The Attor- to protection of computers), 1362 (relating to the United States on September 11, 2001. ney General shall carry out subsection (a) as destruction of communication lines, sta- Such spouse, child, son, or daughter may be expeditiously as possible. The Attorney Gen- tions, or systems), 1366 (relating to destruc- eligible for deferred action and work author- eral is not required to promulgate regula- tion of an energy facility), 1992 (relating to ization. tions prior to implementing this subtitle. trainwrecking), 2152 (relating to injury of (3) ALIENS DESCRIBED.—An alien is de- SEC. 217. NO BENEFITS TO TERRORISTS OR FAM- fortifications, harbor defenses, or defensive scribed in this paragraph if the alien— ILY MEMBERS OF TERRORISTS. sea areas), 2155 (relating to destruction of (A) died as a direct result of a specified ter- Notwithstanding any other provision of national defense materials, premises, or util- rorist activity; and this subtitle, nothing in this subtitle shall be ities), 2156 (relating to production of defec- (B) on the day of such death, was lawfully construed to provide any benefit or relief tive national defense materials, premises, or admitted for permanent residence in the to— utilities), 2280 (relating to violence against United States. (1) any individual culpable for a specified maritime navigation), 2281 (relating to vio- (c) APPLICATIONS FOR ADJUSTMENT OF STA- terrorist activity; or lence against maritime fixed platforms), TUS BY SURVIVING SPOUSES AND CHILDREN OF (2) any family member of any individual 2339A (relating to providing material support EMPLOYMENT-BASED IMMIGRANTS.— described in paragraph (1). to terrorists), 2339B (relating to providing (1) IN GENERAL.—Any alien who was, on SEC. 218. DEFINITIONS. material support to terrorist organizations), September 10, 2001, the spouse or child of an (a) APPLICATION OF IMMIGRATION AND NA- or 2340A (relating to torture). alien described in paragraph (2), and who ap- TIONALITY ACT PROVISIONS.—Except as other- ‘‘(2) Any of the following provisions of title plied for adjustment of status prior to the wise specifically provided in this subtitle, 49: the second sentence of section 46504 (re- death described in paragraph (2)(A), may the definitions used in the Immigration and lating to assault on a flight crew with a dan- have such application adjudicated as if such Nationality Act (excluding the definitions gerous weapon), section 46505(b)(3), (relating death had not occurred. applicable exclusively to title III of such to explosive or incendiary devices, or (2) ALIENS DESCRIBED.—An alien is de- Act) shall apply in the administration of this endangerment of human life by means of scribed in this paragraph if the alien— subtitle. weapons, on aircraft), section 46506 if homi- (A) died as a direct result of a specified ter- (b) SPECIFIED TERRORIST ACTIVITY.—For cide or attempted homicide is involved, or rorist activity; and purposes of this subtitle, the term ‘‘specified section 60123(b) (relating to destruction of (B) on the day before such death, was— terrorist activity’’ means any terrorist ac- interstate gas or hazardous liquid pipeline (i) an alien lawfully admitted for perma- tivity conducted against the Government or facility) of title 49.’’. nent residence in the United States by rea- the people of the United States on Sep- (b) CLERICAL AMENDMENT.—The table of son of having been allotted a visa under sec- tember 11, 2001. sections at the beginning of chapter 213 of

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.013 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6735 title 18, United States Code, is amended by munication lines, stations, or systems), 1366 ‘‘(4) is an unlawful user of any controlled amending the item relating to section 3286 to (relating to destruction of an energy facil- substance (as defined in section 102 of the read as follows: ity), 1751(a)–(d) (relating to Presidential and Controlled Substances Act (21 U.S.C. 802)); ‘‘3286. Terrorism offenses.’’. Presidential staff assassination and kid- ‘‘(5) is an alien illegally or unlawfully in (c) APPLICATION.—The amendments made naping), 1992 (relating to trainwrecking), 2280 the United States; by this section shall apply to the prosecution (relating to violence against maritime navi- ‘‘(6) has been adjudicated as a mental de- of any offense committed before, on, or after gation), 2281 (relating to violence against fective or has been committed to any mental the date of enactment of this section. maritime fixed platforms), 2332a (relating to institution; or SEC. 302. ALTERNATIVE MAXIMUM PENALTIES use of weapons of mass destruction), 2332b ‘‘(7) is an alien (other than an alien law- FOR TERRORISM CRIMES. (relating to acts of terrorism transcending fully admitted for permanent residence) who Section 3559 of title 18, United States Code, national boundaries), 2339A (relating to pro- is a national of a country as to which the is amended by adding after subsection (d) the viding material support to terrorists), 2339B Secretary of State, pursuant to section 6(j) following: (relating to providing material support to of the Export Administration Act of 1979 (50 ‘‘(e) AUTHORIZED TERMS OF IMPRISONMENT terrorist organizations), or 2340A (relating to U.S.C. App. 2405(j)), section 620A of chapter 1 FOR TERRORISM CRIMES.—A person convicted torture) of this title; section 236 (relating to of part M of the Foreign Assistance Act of of any Federal terrorism offense may be sen- sabotage of nuclear facilities or fuel) of the 1961 (22 U.S.C. 2371), or section 40(d) of chap- tenced to imprisonment for any term of Atomic Energy Act of 1954 (42 U.S.C. 2284); or ter 3 of the Arms Export Control Act (22 years or for life, notwithstanding any max- section 46502 (relating to aircraft piracy) or U.S.C. 2780(d)), has made a determination imum term of imprisonment specified in the 60123(b) (relating to destruction of interstate that remains in effect that such country has law describing the offense. The authorization gas or hazardous liquid pipeline facility) of repeatedly provided support for acts of inter- of imprisonment under this subsection is title 49.’’. national terrorism. supplementary to, and does not limit, the SEC. 305. BIOLOGICAL WEAPONS. ‘‘(c) As used in this section, the term ‘alien’ has the same meaning as that term is availability of any other penalty authorized Chapter 10 of title 18, United States Code, given in section 1010(a)(3) of the Immigration by the law describing the offense, including is amended— and Nationality Act (8 U.S.C. 1101(a)(3)), and the death penalty, and does not limit the ap- (1) in section 175— the term ‘lawfully’ admitted for permanent plicability of any mandatory minimum term (A) in subsection (b)— residence has the same meaning as that term of imprisonment, including any mandatory (i) by striking, ‘‘section, the’’ and inserting is given in section 101(a)(20) of the Immigra- life term, provided by the law describing the ‘‘section— tion and Nationality Act (8 U.S.C. offense.’’. ‘‘(1) the’’; 1101(a)(20)). SEC. 303. PENALTIES FOR TERRORIST CONSPIR- (ii) by striking ‘‘does not include’’ and in- ‘‘(d) Whoever knowingly violates this sec- ACIES. serting ‘‘includes’’; tion shall be fined under this title or impris- Chapter 113B of title 18, United States (iii) by inserting ‘‘other than’’ after ‘‘sys- oned not more than ten years, or both, but Code, is amended— tem for’’; and the prohibition contained in this section (1) by inserting after section 2332b the fol- (iv) by striking ‘‘purposes.’’ and inserting shall not apply with respect to any duly au- lowing: ‘‘purposes, and thorized governmental activity under title V ‘‘§ 2332c. Attempts and conspiracies ‘‘(2) the terms biological agent and toxin of the National Security Act of 1947.’’; and do not encompass any biological agent or ‘‘(a) Except as provided in subsection (c), (3) in the table of sections in the beginning toxin that is in its naturally-occurring envi- any person who attempts or conspires to of such chapter, by inserting after the item ronment, if the biological agent or toxin has commit any Federal terrorism offense shall relating to section 175a the following: not been cultivated, collected, or otherwise be subject to the same penalties as those pre- ‘‘175b. Possession by restricted persons.’’. extracted from its natural source.’’; scribed for the offense, the commission of (B) by redesignating subsection (b) as sub- SEC. 306. SUPPORT OF TERRORISM THROUGH EX- which was the object of the attempt or con- PERT ADVICE OR ASSISTANCE. section (c); and spiracy. Section 2339A of title 18, United States (C) by inserting after subsection (a) the fol- ‘‘(b) Except as provided in subsection (c), Code, is amended— lowing: any person who attempts or conspires to (1) in subsection (a)— commit any offense described in section 25(2) ‘‘(b) ADDITIONAL OFFENSE.—Whoever know- (A) by striking ‘‘a violation’’ and all that shall be subject to the same penalties as ingly possesses any biological agent, toxin, follows through ‘‘49’’ and inserting ‘‘any Fed- those prescribed for the offense, the commis- or delivery system of a type or in a quantity eral terrorism offense or any offense de- sion of which was the object of the attempt that, under the circumstances, is not reason- scribed in section 25(2)’’; and or conspiracy. ably justified by a prophylactic, protective, (B) by striking ‘‘violation,’’ and inserting ‘‘(c) A death penalty may not be imposed or other peaceful purpose, shall be fined ‘‘offense,’’; and by operation of this section.’’; and under this title, imprisoned not more than 10 (2) in subsection (b), by inserting ‘‘expert (2) in the table of sections at the beginning years, or both.’’; advice or assistance,’’ after ‘‘training,’’. (2) by inserting after section 175a the fol- of the chapter, by inserting after the item SEC. 307. PROHIBITION AGAINST HARBORING. lowing: relating to section 2332b the following new Title 18, United States Code, is amended by item: ‘‘§ 175b. Possession by restricted persons adding the following new section: ‘‘2332c. Attempts and conspiracies.’’. ‘‘(a) No restricted person described in sub- ‘‘§ 791. Prohibition against harboring SEC. 304. TERRORISM CRIMES AS RICO PREDI- section (b) shall ship or transport in inter- ‘‘Whoever harbors or conceals any person CATES. state or foreign commerce, or possess in or who he knows has committed, or is about to Section 1961(1) of title 18, United States affecting commerce, any biological agent or commit, an offense described in section 25(2) Code, is amended— toxin, or receive any biological agent or or this title shall be fined under this title or (1) by striking ‘‘or (F)’’ and inserting toxin that has been shipped or transported in imprisoned not more than ten years or both. ‘‘(F)’’; and interstate or foreign commerce, if the bio- There is extraterritorial Federal jurisdiction (2) by striking ‘‘financial gain;’’ and insert- logical agent or toxin is listed as a select over any violation of this section or any con- ing ‘‘financial gain, or (G) any act that is a agent in subsection (j) of section 72.6 of title spiracy or attempt to violate this section. A Federal terrorism offense or is indictable 42, Code of Federal Regulations, pursuant to violation of this section or of such a con- under any of the following provisions of law: section 511(d)(1) of the Antiterrorism and Ef- spiracy or attempt may be prosecuted in any section 32 (relating to destruction of aircraft fective Death Penalty Act of 1996 (Public Federal judicial district in which the under- or aircraft facilities), 37(a)(1) (relating to vi- Law 104–132), and is not exempted under sub- lying offense was committed, or in any other olence at international airports), 175 (relat- section (h) of such section 72.6, or Appendix Federal judicial district as provided by ing to biological weapons), 229 (relating to A of part 72 of such title; except that the law.’’. chemical weapons), 351(a)–(d) (relating to term select agent does not include any such SEC. 308. POST-RELEASE SUPERVISION OF TER- congressional, cabinet, and Supreme Court biological agent or toxin that is in its natu- RORISTS. assassination and kidnaping), 831 (relating to rally-occurring environment, if the biologi- Section 3583 of title 18, United States Code, nuclear materials), 842(m) or (n) (relating to cal agent or toxin has not been cultivated, is amended by adding at the end the fol- plastic explosives), 844(f) or (i) when it in- collected, or otherwise extracted from its lowing: volves a bombing (relating to arson and natural source. ‘‘(j) SUPERVISED RELEASE TERMS FOR TER- bombing of certain property), 930(c) when it ‘‘(b) As used in this section, the term ‘re- RORISM OFFENSES.—Notwithstanding sub- involves an attack on a Federal facility, 1114 stricted person’ means an individual who— section (b), the authorized terms of super- when it involves murder (relating to protec- ‘‘(1) is under indictment for a crime pun- vised release for any Federal terrorism of- tion of officers and employees of the United ishable by imprisonment for a term exceed- fense are any term of years or life.’’. States), 1116 when it involves murder (relat- ing 1 year; SEC. 309. DEFINITION. ing to murder or manslaughter of foreign of- ‘‘(2) has been convicted in any court of a (a) Chapter 1 of title 18, United States ficials, official guests, or internationally crime punishable by imprisonment for a Code, is amended— protected persons), 1203 (relating to hostage term exceeding 1 year; (1) by adding after section 24 a new section taking), 1362 (relating to destruction of com- ‘‘(3) is a fugitive from justice; as follows:

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.013 pfrm01 PsN: H12PT1 H6736 CONGRESSIONAL RECORD — HOUSE October 12, 2001 ‘‘§ 25. Federal terrorism offense defined (A) by inserting ‘‘(or to have the effect)’’ (as defined in section 101 of the Immigration ‘‘As used in this title, the term ‘Federal after ‘‘intended’’; and and Nationality Act) or if the offense is di- terrorism offense’ means an offense that is— (B) in clause (iii), by striking ‘‘by assas- rected at the security or interests of the ‘‘(1) is calculated to influence or affect the sination or kidnapping’’ and inserting ‘‘(or United States.’’ before ‘‘The district courts’’; conduct of government by intimidation or any function thereof) by mass destruction, and coercion; or to retaliate against government assassination, or kidnapping (or threat (3) in the table of sections at the beginning conduct; and thereof)’’; of such chapter, by striking ‘‘Exclusive’’ in ‘‘(2) is a violation of, or an attempt or con- (2) in paragraph (3), by striking ‘‘and’’; the item relating to section 2338. spiracy to violate- section 32 (relating to de- (3) in paragraph (4), by striking the period and inserting ‘‘; and’’; and SEC. 355. JURISDICTION OVER CRIMES COM- struction of aircraft or aircraft facilities), 37 MITTED AT UNITED STATES FACILI- (relating to violence at international air- (4) by inserting the following paragraph (4): TIES ABROAD. ports), 81 (relating to arson within special ‘‘(5) the term ‘domestic terrorism’ means maritime and territorial jurisdiction), 175, activities that— Section 7 of title 18, United States Code, is 175b (relating to biological weapons), 229 (re- ‘‘(A) involve acts dangerous to human life amended by adding at the end the following: lating to chemical weapons), 351(a)–(d) (re- that are a violation of the criminal laws of ‘‘(9) With respect to offenses committed by lating to congressional, cabinet, and Su- the United States or of any State; and or against a United States national, as de- preme Court assassination and kidnaping), ‘‘(B) appear to be intended (or to have the fined in section 1203(c) of this title— 792 (relating to harboring terrorists), 831 (re- effect)— ‘‘(A) the premises of United States diplo- lating to nuclear materials), 842(m) or (n) ‘‘(i) to intimidate or coerce a civilian popu- matic, consular, military, or other United (relating to plastic explosives), 844(f) or (i) lation; States Government missions or entities in (relating to arson and bombing of certain ‘‘(ii) to influence the policy of a govern- foreign states, including the buildings, parts property), 930(c), 956 (relating to conspiracy ment by intimidation or coercion; or of buildings, and the land appurtenant or an- to injure property of a foreign government), ‘‘(iii) to affect the conduct of a government cillary thereto, irrespective of ownership, 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7) (relating (or any function thereof) by mass destruc- used for purposes of those missions or enti- to protection of computers), 1114 (relating to tion, assassination, or kidnapping (or threat ties; and protection of officers and employees of the thereof).’’. ‘‘(B) residences in foreign states and the United States), 1116 (relating to murder or SEC. 310. CIVIL DAMAGES. land appurtenant or ancillary thereto, irre- manslaughter of foreign officials, official Section 2707(c) of title 18, United States spective of ownership, used for purposes of guests, or internationally protected persons), Code, is amended by striking ‘‘$1,000’’ and in- those missions or entities or used by United 1203 (relating to hostage taking), 1361 (relat- serting ‘‘$10,000’’. States personnel assigned to those missions or entities, except that this paragraph does ing to injury of Government property or con- Subtitle B—Criminal Procedure tracts), 1362 (relating to destruction of com- not supercede any treaty or international SEC. 351. SINGLE-JURISDICTION SEARCH WAR- munication lines, stations, or systems), 1363 agreement in force on the date of the enact- RANTS FOR TERRORISM. ment of this paragraph.’’. (relating to injury to buildings or property Rule 41(a) of the Federal Rules of Criminal within special maritime and territorial juris- Procedure is amended by inserting after ‘‘ex- SEC. 356. SPECIAL AGENT AUTHORITIES. diction of the United States), 1366 (relating ecuted’’ the following: ‘‘and (3) in an inves- (a) GENERAL AUTHORITY OF SPECIAL to destruction of an energy facility), 1751(a)– tigation of domestic terrorism or inter- AGENTS.—Section 37(a) of the State Depart- (d) (relating to Presidential and Presidential national terrorism (as defined in section 2331 ment Basic Authorities Act of 1956 (22 U.S.C. staff assassination and kidnaping), 1992, 2152 of title 18, United States Code), by a Federal (relating to injury of fortifications, harbor magistrate judge in any district in which ac- 2709(a)) is amended— defenses, or defensive sea areas), 2155 (relat- tivities related to the terrorism may have (1) by striking paragraph (2) and inserting ing to destruction of national defense mate- occurred, for a search of property or for a the following: rials, premises, or utilities), 2156 (relating to person within or outside the district’’. ‘‘(2) in the course of performing the func- production of defective national defense ma- tions set forth in paragraphs (1) and (3), ob- terials, premises, or utilities), 2280 (relating SEC. 352. DNA IDENTIFICATION OF TERRORISTS. tain and execute search and arrest warrants, to violence against maritime navigation), Section 3(d)(1) of the DNA Analysis Back- as well as obtain and serve subpoenas and 2281 (relating to violence against maritime log Elimination Act of 2000 (42 U.S.C. summonses, issued under the authority of fixed platforms), 2332 (relating to certain 14135a(d)(1)) is amended— the United States;’’; homicides and other violence against United (1) by redesignating subparagraph (G) as (2) in paragraph (3)(F) by inserting ‘‘or States nationals occurring outside of the subparagraph (H); and President-elect’’ after ‘‘President’’; and United States), 2332a (relating to use of (2) by inserting after subparagraph (F) the (3) by striking paragraph (5) and inserting weapons of mass destruction), 2332b (relating a new subparagraph as follows: the following: to acts of terrorism transcending national ‘‘(G) Any Federal terrorism offense (as de- ‘‘(5) in the course of performing the func- boundaries), 2339A (relating to providing ma- fined in section 25 of title 18, United States tions set forth in paragraphs (1) and (3), terial support to terrorists), 2339B (relating Code).’’. make arrests without warrant for any of- to providing material support to terrorist or- SEC. 353. GRAND JURY MATTERS. fense against the United States committed ganizations), or 2340A (relating to torture); Rule 6(e)(3)(C) of the Federal Rules of in the presence of the special agent, or for ‘‘(3) section 236 (relating to sabotage of nu- Criminal Procedure is amended— any felony cognizable under the laws of the clear facilities or fuel) of the Atomic Energy (1) by adding at the end the following: United States if the special agent has rea- Act of 1954 (42 U.S.C. 2284); ‘‘(v) when permitted by a court at the re- sonable grounds to believe that the person to ‘‘(4) section 601 (relating to disclosure of quest of an attorney for the government, be arrested has committed or is committing identities of covert agents) of the National upon a showing that the matters pertain to such felony.’’. Security Act of 1947 (50 U.S.C. 421); or international or domestic terrorism (as de- (b) CRIMES.—Section 37 of such Act (22 ‘‘(5) any of the following provisions of title fined in section 2331 of title 18, United States U.S.C. 2709) is amended by inserting after 49: section 46502 (relating to aircraft piracy), Code) or national security, to any Federal the second sentence of section 46504 (relating law enforcement, intelligence, national secu- subsection (c) the following new subsections: to assault on a flight crew with a dangerous rity, national defense, protective, immigra- ‘‘(d) INTERFERENCE WITH AGENTS.—Who- weapon), section 46505(b)(3), (relating to ex- tion personnel, or to the President or Vice ever knowingly and willfully obstructs, re- plosive or incendiary devices, or President of the United States, for the per- sists, or interferes with a Federal law en- endangerment of human life by means of formance of official duties.’’; forcement agent engaged in the performance (2) by striking ‘‘or’’ at the end of subdivi- weapons, on aircraft), section 46506 if homi- of the protective functions authorized by sion (iii); and cide or attempted homicide is involved, or this section shall be fined under title 18 or section 60123(b) (relating to destruction of (3) by striking the period at the end of sub- imprisoned not more than one year, or both. interstate gas or hazardous liquid pipeline division (iv) and inserting ‘‘; or’’. facility) of title 49.’’; and SEC. 354. EXTRATERRITORIALITY. ‘‘(e) PERSONS UNDER PROTECTION OF SPE- (2) in the table of sections in the beginning Chapter 113B of title 18, United States CIAL AGENTS.—Whoever engages in any con- of such chapter, by inserting after the item Code, is amended— duct— relating to section 24 the following: (1) in the heading for section 2338, by strik- ‘‘(1) directed against an individual entitled ‘‘25. Federal terrorism offense defined.’’. ing ‘‘Exclusive’’; to protection under this section, and (b) Section 2332b(g)(5)(B) of title 18, United (2) in section 2338, by inserting ‘‘There is ‘‘(2) which would constitute a violation of States Code, is amended by striking ‘‘is a extraterritorial Federal jurisdiction over section 112 or 878 of title 18, United States violation’’ and all that follows through any Federal terrorism offense and any of- Code, if such individual were a foreign offi- ‘‘title 49’’ and inserting ‘‘is a Federal ter- fense under this chapter, in addition to any cial, an official guest, or an internationally rorism offense’’. extraterritorial jurisdiction that may exist protected person, shall be subject to the (c) Section 2331 of title 18, United States under the law defining the offense, if the per- same penalties as are provided for such con- Code, is amended— son committing the offense or the victim of duct directed against an individual subject (1) in paragraph (1)(B)— the offense is a national of the United States to protection under such section of title 18.’’.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.013 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6737

TITLE IV—FINANCIAL INFRASTRUCTURE ‘‘(iii) TAXPAYER IDENTITY.—For purposes of ‘‘(iii) REQUESTING INDIVIDUALS.—An indi- SEC. 401. LAUNDERING THE PROCEEDS OF TER- this subparagraph, a taxpayer’s identity vidual described in this subparagraph is an RORISM. shall not be treated as taxpayer return infor- individual— Section 1956(c)(7)(D) of title 18, United mation. ‘‘(I) who is an officer or employee of the States Code, is amended by inserting ‘‘or ‘‘(iv) TERMINATION.—No disclosure may be Department of Justice or the Department of 2339B’’ after ‘‘2339A’’. made under this subparagraph after Decem- the Treasury who is appointed by the Presi- SEC. 402. MATERIAL SUPPORT FOR TERRORISM. ber 31, 2003.’’. dent with the advice and consent of the Sen- (b) DISCLOSURE UPON REQUEST OF INFORMA- Section 2339A of title 18, United States ate or who is the Director of the United TION RELATING TO TERRORIST ACTIVITIES, Code, is amended— States Secret Service, and ETC.—Subsection (i) of section 6103 of such ‘‘(II) who is responsible for the collection (1) in subsection (a), by adding at the end Code (relating to disclosure to Federal offi- and analysis of intelligence and counter- the following ‘‘A violation of this section cers or employees for administration of Fed- may be prosecuted in any Federal judicial eral laws not relating to tax administration) intelligence information concerning terror- district in which the underlying offense was is amended by redesignating paragraph (7) as ists and terrorist organizations and activi- committed, or in any other Federal judicial paragraph (8) and by inserting after para- ties. district as provided by law.’’; and graph (6) the following new paragraph: ‘‘(iv) TAXPAYER IDENTITY.—For purposes of (2) in subsection (b), by striking ‘‘or other ‘‘(7) DISCLOSURE UPON REQUEST OF INFORMA- this subparagraph, a taxpayer’s identity financial securities’’ and inserting ‘‘or mone- TION RELATING TO TERRORIST ACTIVITIES, shall not be treated as taxpayer return infor- tary instruments or financial securities’’. ETC.— mation. SEC. 403. ASSETS OF TERRORIST ORGANIZA- ‘‘(A) DISCLOSURE TO LAW ENFORCEMENT ‘‘(C) DISCLOSURE UNDER EX PARTE ORDERS.— TIONS. AGENCIES.— ‘‘(i) IN GENERAL.—Except as provided in Section 981(a)(1) of title 18, United States ‘‘(i) IN GENERAL.—Except as provided in paragraph (6), any return or return informa- Code, is amended by inserting after subpara- paragraph (6), upon receipt by the Secretary tion with respect to any specified taxable pe- graph (F) the following: of a written request which meets the require- riod or periods shall, pursuant to and upon ‘‘(G) All assets, foreign or domestic— ments of clause (iii), the Secretary may dis- the grant of an ex parte order by a Federal ‘‘(i) of any person, entity, or organization close return information (other than tax- district court judge or magistrate under engaged in planning or perpetrating any act payer return information) to officers and clause (ii), be open (but only to the extent of domestic terrorism or international ter- employees of any Federal law enforcement necessary as provided in such order) to in- rorism (as defined in section 2331) against agency who are personally and directly en- spection by, or disclosure to, officers and em- the United States, citizens or residents of gaged in the response to or investigation of ployees of any Federal law enforcement the United States, or their property, and all terrorist incidents, threats, or activities. agency or Federal intelligence agency who assets, foreign or domestic, affording any ‘‘(ii) DISCLOSURE TO STATE AND LOCAL LAW are personally and directly engaged in any person a source of influence over any such ENFORCEMENT AGENCIES.—The head of any investigation, response to, or analysis of in- entity or organization; Federal law enforcement agency may dis- telligence and counterintelligence informa- ‘‘(ii) acquired or maintained by any person close return information obtained under tion concerning any terrorist activity or for the purpose of supporting, planning, con- clause (i) to officers and employees of any threats. Return or return information ducting, or concealing an act of domestic State or local law enforcement agency but opened pursuant to the preceding sentence terrorism or international terrorism (as de- only if such agency is part of a team with shall be solely for the use of such officers fined in section 2331) against the United the Federal law enforcement agency in such and employees in the investigation, re- States, citizens or residents of the United response or investigation and such informa- sponse, or analysis, and in any judicial, ad- States, or their property; or tion is disclosed only to officers and employ- ministrative, or grand jury proceedings, per- ‘‘(iii) derived from, involved in, or used or ees who are personally and directly engaged taining to any such terrorist activity or intended to be used to commit any act of do- in such response or investigation. threat. ‘‘(iii) REQUIREMENTS.—A request meets the mestic terrorism or international terrorism ‘‘(ii) APPLICATION FOR ORDER.—The Attor- requirements of this clause if— (as defined in section 2331) against the ney General, the Deputy Attorney General, ‘‘(I) the request is made by the head of any United States, citizens or residents of the the Associate Attorney General, any Assist- Federal law enforcement agency (or his dele- United States, or their property.’’. ant Attorney General, or any United States gate) involved in the response to or inves- SEC. 404. TECHNICAL CLARIFICATION RELATING attorney may authorize an application to a tigation of terrorist incidents, threats, or ac- TO PROVISION OF MATERIAL SUP- Federal district court judge or magistrate PORT TO TERRORISM. tivities, and for the order referred to in clause (i). Upon No provision of title IX of Public Law 106– ‘‘(II) the request sets forth the specific rea- such application, such judge or magistrate 387 shall be understood to limit or otherwise son or reasons why such disclosure may be may grant such order if he determines on the affect section 2339A or 2339B of title 18, relevant to a terrorist incident, threat, or basis of the facts submitted by the applicant United States Code. activity. that— ‘‘(iv) LIMITATION ON USE OF INFORMATION.— SEC. 405. DISCLOSURE OF TAX INFORMATION IN ‘‘(I) there is reasonable cause to believe, TERRORISM AND NATIONAL SECU- Information disclosed under this subpara- RITY INVESTIGATIONS. graph shall be solely for the use of the offi- based upon information believed to be reli- able, that the taxpayer whose return or re- (a) DISCLOSURE WITHOUT A REQUEST OF IN- cers and employees to whom such informa- FORMATION RELATING TO TERRORIST ACTIVI- tion is disclosed in such response or inves- turn information is to be disclosed may be TIES, ETC.—Paragraph (3) of section 6103(i) of tigation. connected to a terrorist activity or threat, the Internal Revenue Code of 1986 (relating ‘‘(B) DISCLOSURE TO INTELLIGENCE AGEN- ‘‘(II) there is reasonable cause to believe to disclosure of return information to ap- CIES.— that the return or return information may prise appropriate officials of criminal activi- ‘‘(i) IN GENERAL.—Except as provided in be relevant to a matter relating to such ter- ties or emergency circumstances) is amended paragraph (6), upon receipt by the Secretary rorist activity or threat, and by adding at the end the following new sub- of a written request which meets the require- ‘‘(III) the return or return information is paragraph: ments of clause (ii), the Secretary may dis- sought exclusively for use in a Federal inves- ‘‘(C) TERRORIST ACTIVITIES, ETC.— close return information (other than tax- tigation, analysis, or proceeding concerning ‘‘(i) IN GENERAL.—Except as provided in payer return information) to those officers terrorist activity, terrorist threats, or ter- paragraph (6), the Secretary may disclose in and employees of the Department of Justice, rorist organizations. writing return information (other than tax- the Department of the Treasury, and other ‘‘(D) SPECIAL RULE FOR EX PARTE DISCLO- payer return information) that may be re- Federal intelligence agencies who are per- SURE BY THE IRS.— lated to a terrorist incident, threat, or activ- sonally and directly engaged in the collec- ‘‘(i) IN GENERAL.—Except as provided in ity to the extent necessary to apprise the tion or analysis of intelligence and counter- paragraph (6), the Secretary may authorize head of the appropriate Federal law enforce- intelligence information or investigation an application to a Federal district court ment agency responsible for investigating or concerning terrorists and terrorist organiza- judge or magistrate for the order referred to responding to such terrorist incident, threat, tions and activities. For purposes of the pre- in subparagraph (C)(i). Upon such applica- or activity. The head of the agency may dis- ceding sentence, the information disclosed tion, such judge or magistrate may grant close such return information to officers and under the preceding sentence shall be solely such order if he determines on the basis of employees of such agency to the extent nec- for the use of such officers and employees in the facts submitted by the applicant that the essary to investigate or respond to such ter- such investigation, collection, or analysis. requirements of subclauses (I) and (II) of sub- rorist incident, threat, or activity. ‘‘(ii) REQUIREMENTS.—A request meets the paragraph (C)(ii) are met. ‘‘(ii) DISCLOSURE TO THE DEPARTMENT OF requirements of this subparagraph if the re- ‘‘(ii) LIMITATION ON USE OF INFORMATION.— JUSTICE.—Returns and taxpayer return infor- quest— Information disclosed under clause (i)— mation may also be disclosed to the Attor- ‘‘(I) is made by an individual described in ‘‘(I) may be disclosed only to the extent ney General under clause (i) to the extent clause (iii), and necessary to apprise the head of the appro- necessary for, and solely for use in pre- ‘‘(II) sets forth the specific reason or rea- priate Federal law enforcement agency re- paring, an application under paragraph sons why such disclosure may be relevant to sponsible for investigating or responding to a (7)(D). a terrorist incident, threat, or activity. terrorist incident, threat, or activity, and

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.013 pfrm01 PsN: H12PT1 H6738 CONGRESSIONAL RECORD — HOUSE October 12, 2001 ‘‘(II) shall be solely for use in a Federal in- limitation, any related search, rescue, relief, ((2) Public Law 101–647 is amended— vestigation, analysis, or proceeding con- assistance, or other similar activities) that (A) in section 2565— cerning terrorist activity, terrorist threats, occurred on September 11, 2001, in the United (i) by striking all the matter after ‘‘title,’’ or terrorist organizations. States, amounts transferred to the Crime in subsection (c)(1) and inserting ‘‘the Attor- The head of such Federal agency may dis- Victims Fund from the Executive Office of ney General may, in the Attorney General’s close such information to officers and em- the President or funds appropriated to the discretion, pay a reward to the declaring.’’; ployees of such agency to the extent nec- President shall not be subject to any limita- and essary to investigate or respond to such ter- tion on obligations from amounts deposited (ii) by striking subsection (e); and rorist incident, threat, or activity. or available in the Fund. (C) by striking section 2569. ‘‘(E) TERMINATION.—No disclosure may be (b) Section 112 of title I of section 101(b) of SEC. 503. LIMITED AUTHORITY TO PAY OVER- made under this paragraph after December division A of Public Law 105–277 and section TIME. 31, 2003.’’. 108(a) of Appendix A of Public Law 106–113 The matter under the headings ‘‘Immigra- (c) CONFORMING AMENDMENTS.— (113 Stat. 1501A–20) are amended— tion And Naturalization Service: Salaries (1) Section 6103(a)(2) of such Code is amend- (1) after ‘‘that Office’’, each place it occurs, and Expenses, Enforcement And Border Af- ed by inserting ‘‘any local law enforcement by inserting ‘‘(including, notwithstanding fairs and Immigration And Naturalization agency receiving information under sub- any contrary provision of law (unless the Service: Salaries and Expenses, Citizenship section (i)(7)(A),’’ after ‘‘State,’’. same should expressly refer to this section), And Benefits, Immigration And Program Di- (2) The heading of section 6103(i)(3) of such any organization that administers any pro- rection’’ in the Department of Justice Ap- Code is amended by inserting ‘‘OR TER- gram established in title 1 of Public Law 90– propriations Act, 2001 (as enacted into law by RORIST’’ after ‘‘CRIMINAL’’. 351)’’; and Appendix B (H.R. 5548) of Public Law 106–553 (3) Paragraph (4) of section 6103(i) of such (2) by inserting ‘‘functions, including any’’ (114 Stat. 2762A–58 to 2762A–59)) is amended Code is amended— after ‘‘all’’. by striking the following each place it oc- (A) in subparagraph (A) by inserting ‘‘or (c) Section 1404B(b) of the Victim Com- curs: ‘‘Provided, That none of the funds avail- (7)(C)’’ after ‘‘paragraph (1)’’, and pensation and Assistance Act is amended able to the Immigration and Naturalization (B) in subparagraph (B) by striking ‘‘or after ‘‘programs’’ by inserting ‘‘, to victim Service shall be available to pay any em- (3)(A)’’ and inserting ‘‘(3)(A) or (C), or (7)’’. service organizations, to public agencies (in- ployee overtime pay in an amount in excess (4) Paragraph (6) of section 6103(i) of such cluding Federal, State, or local govern- of $30,000 during the calendar year beginning Code is amended— ments), and to non-governmental organiza- January 1, 2001:’’. (A) by striking ‘‘(3)(A)’’ and inserting tions that provide assistance to victims of SEC. 504. DEPARTMENT OF STATE REWARD AU- ‘‘(3)(A) or (C), and crime,’’. THORITY. (B) by striking ‘‘or (7)’’ and inserting ‘‘(7), (d) Section 1 of Public Law 107–37 is amend- (a) CHANGES IN REWARD AUTHORITY.—Sec- or (8)’’. ed— tion 36 of the State Department Basic Au- (5) Section 6103(p)(3) of such Code is amend- (1) by inserting ‘‘(containing identification thorities Act of 1956 (22 U.S.C. 2708) is amend- ed— of all eligible payees of benefits under sec- ed— (A) in subparagraph (A) by striking tion 1201)’’ before ‘‘by a’’; (1) in subsection (b)— ‘‘(7)(A)(ii)’’ and inserting ‘‘(8)(A)(ii)’’, and (2) by inserting ‘‘producing permanent and (A) by striking ‘‘or’’ at the end of para- (B) in subparagraph (C) by striking total disability’’ after ’’suffered a cata- graph (4); ‘‘(i)(3)(B)(i)’’ and inserting ‘‘(i)(3)(B)(i) or strophic injury’’; and (B) by striking the period at the end of (7)(A)(ii)’’. (3) by striking ‘‘1201(a)’’ and inserting paragraph (5) and inserting ‘‘, including by (6) Section 6103(p)(4) of such Code is amend- ‘‘1201’’. dismantling an organization in whole or sig- ed— SEC. 502. ATTORNEY GENERAL’S AUTHORITY TO nificant part; or’’; and (A) in the matter preceding subparagraph PAY REWARDS. (C) by adding at the end the following new (A)— (a) IN GENERAL.—Title 18, United States paragraph: (i) by striking ‘‘or (5),’’ the first place it Code, is amended by striking sections 3059 ‘‘(6) the identification or location of an in- appears and inserting ‘‘(5), or (7),’’, and through 3059B and inserting the following: dividual who holds a leadership position in a (ii) by striking ‘‘(i)(3)(B)(i),’’ and inserting ‘‘§ 3059. Rewards and appropriation therefor terrorist organization.’’; ‘‘(i)(3)(B)(i) or (7)(A)(ii),’’, and (2) in subsection (d), by striking para- (B) in subparagraph (F)(ii) by striking ‘‘or ‘‘(a) IN GENERAL.—Subject to subsection (b), the Attorney General may pay rewards graphs (2) and (3) and redesignating para- (5),’’ the first place it appears and inserting graph (4) as paragraph (2); and ‘‘(5) or (7),’’. in accordance with procedures and regula- (3) by amending subsection (e)(1) to read as (7) Section 6103(p)(6)(B)(i) of such Code is tions established or issued by the Attorney follows: amended by striking ‘‘(i)(7)(A)(ii)’’ and in- General. ‘‘(1) AMOUNT OF AWARD.— serting ‘‘(i)(8)(A)(ii)’’. ‘‘(b) LIMITATIONS.— The following limita- ‘‘(A) Except as provided in subparagraph (8) Section 7213(a)(2) of such Code is amend- tions apply with respect to awards under (B), no reward paid under this section may ed by striking ‘‘(i)(3)(B)(i),’’ and inserting subsection (a): exceed $10,000,000. ‘‘(i)(3)(B)(i) or (7)(A)(ii),’’. ‘‘(1) No such reward, other than in connec- ‘‘(B) The Secretary of State may authorize (e) EFFECTIVE DATE.—The amendments tion with a terrorism offense or as otherwise made by this section shall apply to disclo- specifically provided by law, shall exceed the payment of an award not to exceed sures made on or after the date of the enact- $2,000,000. $25,000,000 if the Secretary determines that ment of this Act. ‘‘(2) No such reward of $250,000 or more may payment of an award exceeding the amount SEC. 406. EXTRATERRITORIAL JURISDICTION. be made or offered without the personal ap- under subparagraph (A) is important to the Section 1029 of title 18, United States Code, proval of either the Attorney General or the national interest of the United States.’’. is amended by adding at the end the fol- President. (b) SENSE OF CONGRESS REGARDING RE- lowing: ‘‘(3) The Attorney General shall give writ- WARDS RELATING TO THE SEPTEMBER 11, 2001 ‘‘(h) Any person who, outside the jurisdic- ten notice to the Chairmen and ranking mi- ATTACK.—It is the sense of the Congress that tion of the United States, engages in any act nority members of the Committees on Ap- the Secretary of State should use the au- that, if committed within the jurisdiction of propriations and the Judiciary of the Senate thority of section 36 of the State Department the United States, would constitute an of- and the House of Representatives not later Basic Authorities Act of 1956, as amended by fense under subsection (a) or (b) of this sec- than 30 days after the approval of a reward subsection (a), to offer a reward of $25,000,000 tion, shall be subject to the fines, penalties, under paragraph (2); for Osama bin Laden and other leaders of the imprisonment, and forfeiture provided in ‘‘(4) Any executive agency or military de- September 11, 2001 attack on the United this title if— partment (as defined, respectively, in sec- States. ‘‘(1) the offense involves an access device tions 105 and 102 of title 5) may provide the TITLE VI—DAM SECURITY issued, owned, managed, or controlled by a Attorney General with funds for the pay- SEC. 601. SECURITY OF RECLAMATION DAMS, FA- financial institution, account issuer, credit ment of rewards. CILITIES, AND RESOURCES. card system member, or other entity within ‘‘(5) Neither the failure to make or author- Section 2805(a) of the Reclamation Recre- the jurisdiction of the United States; and ize such a reward nor the amount of any such ation Management Act of 1992 (16 U.S.C. 460l– ‘‘(2) the person transports, delivers, con- reward made or authorized shall be subject 33(a)) is amended by adding at the end the veys, transfers to or through, or otherwise to judicial review. following: stores, secrets, or holds within the jurisdic- ‘‘(c) DEFINITION.—In this section, the term ‘‘(3) Any person who violates any such reg- tion of the United States, any article used to ‘reward’ means a payment pursuant to public ulation which is issued pursuant to this Act assist in the commission of the offense or the advertisements for assistance to the Depart- shall be fined under title 18, United States proceeds of such offense or property derived ment of Justice.’’. Code, imprisoned not more than 6 months, or therefrom.’’. (b) CONFORMING AMENDMENTS.—— both. Any person charged with a violation of TITLE V—EMERGENCY AUTHORIZATIONS (1) Section 3075 of title 18, United States such regulation may be tried and sentenced SEC. 501. OFFICE OF JUSTICE PROGRAMS. Code, and that portion of section 3072 of title by any United States magistrate judge des- (a) In connection with the airplane hijack- 18, United States Code, that follows the first ignated for that purpose by the court by ings and terrorist acts (including, without sentence, are repealed. which such judge was appointed, in the same

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.013 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6739 manner and subject to the same conditions to compensation to Federal employees for (2) make public through the Internet, and limitations as provided for in section work injuries, a law enforcement officer of radio, television, and newspaper advertise- 3401 of title 18, United States Code. any State or local government, including In- ments information on the responsibilities ‘‘(4) The Secretary may— dian tribes, shall, when acting as a des- and functions of, and how to contact, the ‘‘(A) authorize law enforcement personnel ignated law enforcement officer under para- Deputy; and from the Department of the Interior to act graph (4) and while under Federal super- (3) submit to the Committee on the Judici- as law enforcement officers to maintain law vision and control, and only when carrying ary of the House of Representatives and the and order and protect persons and property out Federal law enforcement responsibil- Committee on the Judiciary of the Senate on within a Reclamation project or on Reclama- ities, be deemed a civil service employee of a semi-annual basis a report on the imple- tion lands; the United States within the meaning of the mentation of this subsection and detailing ‘‘(B) authorize law enforcement personnel term ‘employee’ as defined in section 8101 of any abuses described in paragraph (1), in- of any other Federal agency that has law en- title 5, and the provisions of that subchapter cluding a description of the use of funds ap- forcement authority, with the exception of shall apply. Benefits under this subchapter propriations used to carry out this sub- the Department of Defense, or law enforce- shall be reduced by the amount of any enti- section. ment personnel of any State or local govern- tlement to State or local workers’ compensa- (c) INSPECTOR GENERAL OVERSIGHT PLAN ment, including Indian tribes, when deemed tion benefits arising out of the same injury FOR THE FEDERAL BUREAU OF INVESTIGA- economical and in the public interest, and or death. TION.—Not later than 30 days after the date with the concurrence of that agency or that ‘‘(7) Nothing in paragraphs (3) through (9) of the enactment of this Act, the Inspector State or local government, to act as law en- shall be construed or applied to limit or re- General of the Department of Justice shall forcement officers within a Reclamation strict the investigative jurisdiction of any submit to the Congress a plan for oversight project or on Reclamation lands with such Federal law enforcement agency, or to affect of the Federal Bureau of Investigation. The enforcement powers as may be so assigned any existing right of a State or local govern- Inspector General shall consider the fol- them by the Secretary to carry out the regu- ment, including Indian tribes, to exercise lowing activities for inclusion in such plan: lations promulgated under paragraph (2); civil and criminal jurisdiction within a Rec- (1) FINANCIAL SYSTEMS.—Auditing the fi- ‘‘(C) cooperate with any State or local gov- lamation project or on Reclamation lands. nancial systems, information technology ernment, including Indian tribes, in the en- ‘‘(8) For the purposes of this subsection, systems, and computer security systems of forcement of the laws or ordinances of that the term ‘law enforcement personnel’ means the Federal Bureau of Investigation. State or local government; and employees of a Federal, State, or local gov- (2) PROGRAMS AND PROCESSES.—Auditing ‘‘(D) provide reimbursement to a State or ernment agency, including an Indian tribal and evaluating programs and processes of local government, including Indian tribes, agency, who have successfully completed law the Federal Bureau of Investigation to iden- for expenditures incurred in connection with enforcement training approved by the Sec- tify systemic weaknesses or implementation activities under subparagraph (B). retary and are authorized to carry firearms, failures and to recommend corrective action. ‘‘(5) Officers or employees designated or make arrests, and execute service of process (3) INTERNAL AFFAIRS OFFICES.—Reviewing authorized by the Secretary under paragraph to enforce criminal laws of their employing the activities of internal affairs offices of the (4) are authorized to— jurisdiction. Federal Bureau of Investigation, including ‘‘(A) carry firearms within a Reclamation ‘‘(9) The law enforcement authorities pro- the Inspections Division and the Office of project or on Reclamation lands and make vided for in this subsection may be exercised Professional Responsibility. arrests without warrants for any offense only pursuant to rules and regulations pro- (4) PERSONNEL.—Investigating allegations against the United States committed in mulgated by the Secretary and approved by of serious misconduct by personnel of the their presence, or for any felony cognizable the Attorney General.’’. Federal Bureau of Investigation. under the laws of the United States if they TITLE VII—MISCELLANEOUS (5) OTHER PROGRAMS AND OPERATIONS.—Re- have reasonable grounds to believe that the SEC. 701. EMPLOYMENT OF TRANSLATORS BY viewing matters relating to any other pro- person to be arrested has committed or is THE FEDERAL BUREAU OF INVES- gram or and operation of the Federal Bureau committing such a felony, and if such arrests TIGATION. of Investigation that the Inspector General occur within a Reclamation project or on (a) AUTHORITY.—The Director of the Fed- determines requires review. Reclamation lands or the person to be ar- eral Bureau of Investigation is authorized to (6) RESOURCES.—Identifying resources rested is fleeing therefrom to avoid arrest; expedite the employment of personnel as needed by the Inspector General to imple- ‘‘(B) execute within a Reclamation project translators to support counterterrorism in- ment such plan. or on Reclamation lands any warrant or vestigations and operations without regard (d) REVIEW OF INVESTIGATIVE TOOLS.—Not other process issued by a court or officer of to applicable Federal personnel requirements later than August 31, 2003, the Deputy shall competent jurisdiction for the enforcement and limitations. review the implementation, use, and oper- of the provisions of any Federal law or regu- (b) SECURITY REQUIREMENTS.—The Director ation (including the impact on civil rights lation issued pursuant to law for an offense of the Federal Bureau of Investigation shall and liberties) of the law enforcement and in- committed within a Reclamation project or establish such security requirements as are telligence authorities contained in title I of on Reclamation lands; and necessary for the personnel employed as this Act and provide a report to the Presi- ‘‘(C) conduct investigations within a Rec- translators. dent and Congress. lamation project or on Reclamation lands of (c) REPORT.—The Attorney General shall report to the Committees on the Judiciary of The SPEAKER pro tempore. In lieu offenses against the United States com- of the amendment printed in the bill, mitted within a Reclamation project or on the House of Representatives and the Senate Reclamation lands, if the Federal law en- on— an amendment in the nature of a sub- forcement agency having investigative juris- (1) the number of translators employed by stitute consisting of the text of H.R. diction over the offense committed declines the FBI and other components of the Depart- 3108 is adopted. to investigate the offense or concurs with ment of Justice; The text of H.R. 2975, as amended such investigation. (2) any legal or practical impediments to pursuant to House Resolution 264, is as ‘‘(6)(A) Except as otherwise provided in using translators employed by other Federal follows: State, or local agencies, on a full, part-time, this paragraph, a law enforcement officer of H.R. 3108 any State or local government, including In- or shared basis; and Be it enacted by the Senate and House of Rep- dian tribes, designated to act as a law en- (3) the needs of the FBI for specific trans- resentatives of the United States of America in forcement officer under paragraph (4) shall lation services in certain languages, and rec- not be deemed a Federal employee and shall ommendations for meeting those needs. Congress assembled, not be subject to the provisions of law relat- SEC. 702. REVIEW OF THE DEPARTMENT OF JUS- SECTION 1. SHORT TITLE AND TABLE OF CON- ing to Federal employment, including those TICE. TENTS. (a) SHORT TITLE.—This Act may be cited as relating to hours of work, rates of compensa- (a) APPOINTMENT OF DEPUTY INSPECTOR tion, employment discrimination, leave, un- GENERAL FOR CIVIL RIGHTS, CIVIL LIBERTIES, the ‘‘Uniting and Strengthening America employment compensation, and Federal ben- AND THE FEDERAL BUREAU OF INVESTIGA- Act’’ or the ‘‘USA Act of 2001’’. (b) TABLE OF CONTENTS.— The table of con- efits. TION.—The Inspector General of the Depart- ‘‘(B) For purposes of chapter 171 of title 28, ment of Justice shall appoint a Deputy In- tents for this Act is as follows: United States Code, popularly known as the spector General for Civil Rights, Civil Lib- Sec. 1. Short title and table of contents. Federal Tort Claims Act, a law enforcement erties, and the Federal Bureau of Investiga- Sec. 2. Construction; severability. officer of any State or local government, in- tion (hereinafter in this section referred to TITLE I—ENHANCING DOMESTIC cluding Indian tribes, shall, when acting as a as the ‘‘Deputy’’). SECURITY AGAINST TERRORISM designated law enforcement officer under (b) CIVIL RIGHTS AND CIVIL LIBERTIES RE- Sec. 101. Counterterrorism fund. paragraph (4) and while under Federal super- VIEW.—The Deputy shall— Sec. 102. Sense of Congress condemning dis- vision and control, and only when carrying (1) review information alleging abuses of crimination against Arab and out Federal law enforcement responsibil- civil rights, civil liberties, and racial and Muslim Americans. ities, be considered a Federal employee. ethnic profiling by government employees Sec. 103. Increased funding for the technical ‘‘(C) For purposes of subchapter I of chap- and officials including employees and offi- support center at the Federal ter 81 of title 5, United States Code, relating cials of the Department of Justice; Bureau of Investigation.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 0636 Sfmt 0655 E:\CR\FM\A12OC7.013 pfrm01 PsN: H12PT1 H6740 CONGRESSIONAL RECORD — HOUSE October 12, 2001 Sec. 104. Requests for military assistance to Subtitle B—Enhanced Immigration Sec. 809. No statute of limitation for certain enforce prohibition in certain Provisions terrorism offenses. emergencies. Sec. 411. Definitions relating to terrorism. Sec. 810. Alternate maximum penalties for Sec. 105. Expansion of National Electronic Sec. 412. Mandatory detention of suspected terrorism offenses. Crime Task Force Initiative. terrorists; habeas corpus; judi- Sec. 811. Penalties for terrorist conspiracies. Sec. 812. Post-release supervision of terror- Sec. 106. Presidential authority. cial review. TITLE II—ENHANCED SURVEILLANCE ists. Sec. 413. Multilateral cooperation against Sec. 813. Inclusion of acts of terrorism as PROCEDURES terrorists. racketeering activity. Sec. 201. Authority to intercept wire, oral, Subtitle C—Preservation of Immigration Sec. 814. Deterrence and prevention of and electronic communications Benefits for Victims of Terrorism cyberterrorism. relating to terrorism. Sec. 421. Special immigrant status. Sec. 815. Additional defense to civil actions Sec. 202. Authority to intercept wire, oral, Sec. 422. Extension of filing or reentry dead- relating to preserving records and electronic communications lines. in response to Government re- relating to computer fraud and Sec. 423. Humanitarian relief for certain sur- quests. abuse offenses. viving spouses and children. Sec. 816. Development and support of Sec. 203. Authority to share criminal inves- Sec. 424. ‘‘Age-out’’ protection for children. cybersecurity forensic capabili- tigative information. Sec. 425. Temporary administrative relief. ties. Sec. 204. Clarification of intelligence excep- TITLE IX—IMPROVED INTELLIGENCE tions from limitations on inter- Sec. 426. Evidence of death, disability, or Sec. 901. Responsibilities of Director of Cen- ception and disclosure of wire, loss of employment. Sec. 427. No benefits to terrorists or family tral Intelligence regarding for- oral, and electronic commu- members of terrorists. eign intelligence collected nications. Sec. 205. Employment of translators by the Sec. 428. Definitions. under Foreign Intelligence Sur- Federal Bureau of Investiga- TITLE V—REMOVING OBSTACLES TO veillance Act of 1978. Sec. 902. Inclusion of international terrorist tion. INVESTIGATING TERRORISM Sec. 206. Roving surveillance authority activities within scope of for- Sec. 501. Attorney General’s authority to eign intelligence under Na- under the Foreign Intelligence pay rewards to combat ter- Surveillance Act of 1978. tional Security Act of 1947. rorism. Sec. 903. Sense of Congress on the establish- Sec. 207. Duration of FISA surveillance of Sec. 502. Secretary of State’s authority to ment and maintenance of intel- non-United States persons who pay rewards. ligence relationships to acquire are agents of a foreign power. Sec. 503. DNA identification of terrorists information on terrorists and Sec. 208. Designation of judges. and other violent offenders. Sec. 209. Seizure of voice-mail messages pur- terrorist organizations. Sec. 504. Coordination with law enforce- Sec. 904. Temporary authority to defer sub- suant to warrants. ment. mittal to Congress of reports on Sec. 210. Scope of subpoenas for records of Sec. 505. Miscellaneous national security au- electronic communications. intelligence and intelligence-re- thorities. lated matters. Sec. 211. Clarification of scope. Sec. 506. Extension of Secret Service juris- Sec. 212. Emergency disclosure of electronic Sec. 905. Disclosure to Director of Central diction. communications to protect life Intelligence of foreign intel- Sec. 507. Disclosure of educational records. and limb. ligence-related information Sec. 508. Disclosure of information from Sec. 213. Authority for delaying notice of with respect to criminal inves- NCES surveys. the execution of a warrant. tigations. Sec. 214. Pen register and trap and trace au- TITLE VI—PROVIDING FOR VICTIMS OF Sec. 906. Foreign terrorist asset tracking thority under FISA. TERRORISM, PUBLIC SAFETY OFFI- center. Sec. 215. Access to records and other items CERS, AND THEIR FAMILIES Sec. 907. National Virtual Translation Cen- under the Foreign Intelligence ter. Subtitle A—Aid to Families of Public Safety Sec. 908. Training of government officials Surveillance Act. Officers Sec. 216. Modification of authorities relating regarding identification and use Sec. 611. Expedited payment for public safe- to use of pen registers and trap of foreign intelligence. ty officers involved in the pre- and trace devices. TITLE X—MISCELLANEOUS vention, investigation, rescue, Sec. 217. Interception of computer trespasser Sec. 1001. Payments. or recovery efforts related to a communications. Sec. 1002. Review of the department of jus- Sec. 218. Foreign intelligence information. terrorist attack. tice. Sec. 219. Single-jurisdiction search warrants Sec. 612. Technical correction with respect to expedited payments for he- SEC. 2. CONSTRUCTION; SEVERABILITY. for terrorism. Any provision of this Act held to be invalid Sec. 220. Nationwide service of search war- roic public safety officers. Sec. 613. Public safety officers benefit pro- or unenforceable by its terms, or as applied rants for electronic evidence. to any person or circumstance, shall be con- Sec. 221. Trade sanctions. gram payment increase. Sec. 614. Office of Justice programs. strued so as to give it the maximum effect Sec. 222. Assistance to law enforcement permitted by law, unless such holding shall agencies. Subtitle B—Amendments to the Victims of be one of utter invalidity or unenforce- Sec. 223. Civil liability for certain unauthor- Crime Act of 1984 ability, in which event such provision shall ized disclosures. Sec. 621. Crime victims fund. be deemed severable from this Act and shall Sec. 224. Sunset. Sec. 622. Crime victim compensation. not affect the remainder thereof or the appli- TITLE III—FINANCIAL INFRASTRUCTURE Sec. 623. Crime victim assistance. cation of such provision to other persons not Sec. 301. Laundering the proceeds of ter- Sec. 624. Victims of terrorism. similarly situated or to other, dissimilar cir- rorism. TITLE VII—INCREASED INFORMATION cumstances. Sec. 302. Material support for terrorism. SHARING FOR CRITICAL INFRASTRUC- TITLE I—ENHANCING DOMESTIC Sec. 303. Assets of terrorist organizations. TURE PROTECTION SECURITY AGAINST TERRORISM Sec. 304. Technical clarification relating to SEC. 101. COUNTERTERRORISM FUND. provision of material support to Sec. 711. Expansion of regional information sharing system to facilitate (a) ESTABLISHMENT; AVAILABILITY.—There terrorism. is hereby established in the Treasury of the Sec. 305. Extraterritorial jurisdiction. Federal-State-local law en- United States a separate fund to be known as TITLE IV—PROTECTING THE BORDER forcement response related to terrorist attacks. the ‘‘Counterterrorism Fund’’, amounts in Subtitle A—Protecting the Northern Border which shall remain available without fiscal TITLE VIII—STRENGTHENING THE Sec. 401. Ensuring adequate personnel on the year limitation— CRIMINAL LAWS AGAINST TERRORISM northern border. (1) to reimburse any Department of Justice Sec. 402. Northern border personnel. Sec. 801. Terrorist attacks and other acts of component for any costs incurred in connec- Sec. 403. Access by the Department of State violence against mass transpor- tion with— and the INS to certain identi- tation systems. (A) reestablishing the operational capa- fying information in the crimi- Sec. 804. Jurisdiction over crimes com- bility of an office or facility that has been nal history records of visa ap- mitted at U.S. facilities abroad. damaged or destroyed as the result of any plicants and applicants for ad- Sec. 805. Material support for terrorism. domestic or international terrorism inci- mission to the United States. Sec. 806. Assets of terrorist organizations. dent; Sec. 404. Limited authority to pay overtime. Sec. 807. Technical clarification relating to (B) providing support to counter, inves- Sec. 405. Report on the integrated auto- provision of material support to tigate, or prosecute domestic or inter- mated fingerprint identifica- terrorism. national terrorism, including, without limi- tion system for points of entry Sec. 808. Definition of Federal crime of ter- tation, paying rewards in connection with and overseas consular posts. rorism. these activities; and

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.014 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6741 (C) conducting terrorism threat assess- tronic Crimes Task Force model, throughout SEC. 202. AUTHORITY TO INTERCEPT WIRE, ments of Federal agencies and their facili- the United States, for the purpose of pre- ORAL, AND ELECTRONIC COMMU- ties; and venting, detecting, and investigating various NICATIONS RELATING TO COM- (2) to reimburse any department or agency PUTER FRAUD AND ABUSE OF- forms of electronic crimes, including poten- FENSES. of the Federal Government for any costs in- tial terrorist attacks against critical infra- Section 2516(1)(c) of title 18, United States curred in connection with detaining in for- structure and financial payment systems. eign countries individuals accused of acts of Code, is amended by striking ‘‘and section terrorism that violate the laws of the United SEC. 106. PRESIDENTIAL AUTHORITY. 1341 (relating to mail fraud),’’ and inserting ‘‘section 1341 (relating to mail fraud), a fel- States. Section 203 of the International Emergency (b) NO EFFECT ON PRIOR APPROPRIATIONS.— ony violation of section 1030 (relating to Powers Act (50 U.S.C. 1702) is amended— Subsection (a) shall not be construed to af- computer fraud and abuse),’’. (1) in subsection (a)(1)— fect the amount or availability of any appro- SEC. 203. AUTHORITY TO SHARE CRIMINAL IN- (A) at the end of subparagraph (A) (flush to priation to the Counterterrorism Fund made VESTIGATIVE INFORMATION. that subparagraph), by striking ‘‘; and’’ and before the date of enactment of this Act. (a) AUTHORITY TO SHARE GRAND JURY IN- inserting a comma and the following: FORMATION.— SEC. 102. SENSE OF CONGRESS CONDEMNING ‘‘by any person, or with respect to any prop- DISCRIMINATION AGAINST ARAB (1) IN GENERAL.—Rule 6(e)(3)(C) of the Fed- erty, subject to the jurisdiction of the AND MUSLIM AMERICANS. eral Rules of Criminal Procedure is amend- United States;’’; (a) FINDINGS.—Congress makes the fol- ed— (B) in subparagraph (B)— lowing findings: (A) in clause (iii), by striking ‘‘or’’ at the (i) by inserting ‘‘, block during the pend- (1) Arab Americans, Muslim Americans, end; ency of an investigation’’ after ‘‘inves- and Americans from South Asia play a vital (B) in clause (iv), by striking the period at tigate’’; and role in our Nation and are entitled to noth- the end and inserting ‘‘; or’’; and (ii) by striking ‘‘interest;’’ and inserting ing less than the full rights of every Amer- (C) by inserting at the end the following: ‘‘interest by any person, or with respect to ican. ‘‘(v) when the matters involve foreign in- any property, subject to the jurisdiction of (2) The acts of violence that have been telligence or counterintelligence (as defined the United States; and’’; taken against Arab and Muslim Americans in section 3 of the National Security Act of (C) by striking ‘‘by any person, or with re- since the September 11, 2001, attacks against 1947 (50 U.S.C. 401a)), or foreign intelligence spect to any property, subject to the juris- the United States should be and are con- information (as defined in Rule 6(e)(3)(C)(ii)), diction of the United States‘; and demned by all Americans who value freedom. to any other Federal law enforcement, intel- (D) by inserting at the end the following: (3) The concept of individual responsibility ligence, protective, immigration, national ‘‘(C) when the United States is engaged in for wrongdoing is sacrosanct in American so- defense, or national security official in order armed hostilities or has been attacked by a ciety, and applies equally to all religious, ra- to assist the official receiving that informa- foreign country or foreign nationals, con- cial, and ethnic groups. tion in the performance of his official duties. fiscate any property, subject to the jurisdic- (4) When American citizens commit acts of Within a reasonable time after such disclo- tion of the United States, of any foreign per- violence against those who are, or are per- sure, an attorney for the government shall son, foreign organization, or foreign country ceived to be, of Arab or Muslim descent, they file under seal a notice with the court stat- that he determines has planned, authorized, should be punished to the full extent of the ing the fact that such information was dis- aided, or engaged in such hostilities or at- law. closed and the departments, agencies, or en- tacks against the United States; and all (5) Muslim Americans have become so fear- tities to which the disclosure was made. ful of harassment that many Muslim women right, title, and interest in any property so confiscated shall vest, when, as, and upon Any Federal official who receives informa- are changing the way they dress to avoid be- tion pursuant to clause (v) may use that in- coming targets. the terms directed by the President, in such agency or person as the President may des- formation only as necessary in the conduct (6) Many Arab Americans and Muslim of that person’s official duties subject to any Americans have acted heroically during the ignate from time to time, and upon such terms and conditions as the President may limitations on the unauthorized disclosure of attacks on the United States, including Mo- such information.’’. hammed Salman Hamdani, a 23-year-old New prescribe, such interest or property shall be held, used, administered, liquidated, sold, or (2) DEFINITION.—Rule 6(e)(3)(C) of the Fed- Yorker of Pakistani descent, who is believed eral Rules of Criminal Procedure, as amend- to have gone to the World Trade Center to otherwise dealt with in the interest of and for the benefit of the United States, and such ed by paragraph (1), is amended by— offer rescue assistance and is now missing. (A) inserting ‘‘(i)’’ after ‘‘(C)’’; (b) SENSE OF CONGRESS.—It is the sense of designated agency or person may perform any and all acts incident to the accomplish- (B) redesignating clauses (i) through (v) as Congress that— subclauses (I) through (V), respectively; and (1) the civil rights and civil liberties of all ment or furtherance of these purposes.’’; and (2) by inserting at the end the following: (C) inserting at the end the following: Americans, including Arab Americans, Mus- ‘‘(ii) In this subparagraph, the term ‘for- lim Americans, and Americans from South ‘‘(c) CLASSIFIED INFORMATION.—In any judi- eign intelligence information’ means— Asia, must be protected, and that every ef- cial review of a determination made under ‘‘(I) information, whether or not con- fort must be taken to preserve their safety; this section, if the determination was based cerning a United States person, that relates (2) any acts of violence or discrimination on classified information (as defined in sec- to the ability of the United States to protect against any Americans be condemned; and tion 1(a) of the Classified Information Proce- against— (3) the Nation is called upon to recognize dures Act) such information may be sub- ‘‘(aa) actual or potential attack or other the patriotism of fellow citizens from all mitted to the reviewing court ex parte and in grave hostile acts of a foreign power or an ethnic, racial, and religious backgrounds. camera. This subsection does not confer or agent of a foreign power; SEC. 103. INCREASED FUNDING FOR THE TECH- imply any right to judicial review.’’. ‘‘(bb) sabotage or international terrorism NICAL SUPPORT CENTER AT THE by a foreign power or an agent of a foreign FEDERAL BUREAU OF INVESTIGA- TITLE II—ENHANCED SURVEILLANCE TION. power; or PROCEDURES There are authorized to be appropriated for ‘‘(cc) clandestine intelligence activities by an intelligence service or network of a for- the Technical Support Center established in SEC. 201. AUTHORITY TO INTERCEPT WIRE, section 811 of the Antiterrorism and Effec- ORAL, AND ELECTRONIC COMMU- eign power or by an agent of a foreign power; tive Death Penalty Act of 1996 (Public Law NICATIONS RELATING TO TER- or 104–132) to help meet the demands for activi- RORISM. ‘‘(II) information, whether or not con- cerning a United States person, with respect ties to combat terrorism and support and en- Section 2516(1) of title 18, United States hance the technical support and tactical op- to a foreign power or foreign territory that Code, is amended— relates to— erations of the FBI, $200,000,000 for each of (1) by redesignating paragraph (p), as so re- the fiscal years 2002, 2003, and 2004. ‘‘(aa) the national defense or the security designated by section 434(2) of the of the United States; or SEC. 104. REQUESTS FOR MILITARY ASSISTANCE Antiterrorism and Effective Death Penalty TO ENFORCE PROHIBITION IN CER- ‘‘(bb) the conduct of the foreign affairs of Act of 1996 (Public Law 104–132; 110 Stat. the United States.’’. TAIN EMERGENCIES. 1274), as paragraph (r); and (b) AUTHORITY TO SHARE ELECTRONIC, WIRE, Section 2332e of title 18, United States (2) by inserting after paragraph (p), as so AND ORAL INTERCEPTION INFORMATION.— Code, is amended— redesignated by section 201(3) of the Illegal (1) LAW ENFORCEMENT.—Section 2517 of (1) by striking ‘‘2332c’’ and inserting Immigration Reform and Immigrant Respon- title 18, United States Code, is amended by ‘‘2332a’’; and sibility Act of 1996 (division C of Public Law inserting at the end the following: (2) by striking ‘‘chemical’’. 104–208; 110 Stat. 3009–565), the following new ‘‘(6) Any investigative or law enforcement SEC. 105. EXPANSION OF NATIONAL ELECTRONIC paragraph: CRIME TASK FORCE INITIATIVE. officer, or attorney for the Government, who The Director of the United States Secret ‘‘(q) any criminal violation of section 229 by any means authorized by this chapter, has Service shall take appropriate actions to de- (relating to chemical weapons); or sections obtained knowledge of the contents of any velop a national network of electronic crime 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this wire, oral, or electronic communication, or task forces, based on the New York Elec- title (relating to terrorism); or’’. evidence derived therefrom, may disclose

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.014 pfrm01 PsN: H12PT1 H6742 CONGRESSIONAL RECORD — HOUSE October 12, 2001 such contents to any other Federal law en- (iii) clandestine intelligence activities by (C) inserting before the period the fol- forcement, intelligence, protective, immi- an intelligence service or network of a for- lowing: ‘‘, and (B) an order under this section gration, national defense, or national secu- eign power or by an agent of a foreign power; for a physical search targeted against an rity official to the extent that such contents or agent of a foreign power as defined in section include foreign intelligence or counterintel- (B) information, whether or not concerning 101(b)(1)(A) may be for the period specified in ligence (as defined in section 3 of the Na- a United States person, with respect to a for- the application or for 120 days, whichever is tional Security Act of 1947 (50 U.S.C. 401a)), eign power or foreign territory that relates less’’. or foreign intelligence information (as de- to— (b) EXTENSION.— fined in subsection (19) of section 2510 of this (i) the national defense or the security of (1) IN GENERAL.—Section 105(d)(2) of the title), to assist the official who is to receive the United States; or Foreign Intelligence Surveillance Act of 1978 that information in the performance of his (ii) the conduct of the foreign affairs of the (50 U.S.C. 1805(d)(2)) is amended by— official duties. Any Federal official who re- United States. (A) inserting ‘‘(A)’’ after ‘‘except that’’; ceives information pursuant to this provi- SEC. 204. CLARIFICATION OF INTELLIGENCE EX- and sion may use that information only as nec- CEPTIONS FROM LIMITATIONS ON (B) inserting before the period the fol- essary in the conduct of that person’s official INTERCEPTION AND DISCLOSURE lowing: ‘‘, and (B) an extension of an order duties subject to any limitations on the un- OF WIRE, ORAL, AND ELECTRONIC under this Act for a surveillance targeted authorized disclosure of such information.’’. COMMUNICATIONS. against an agent of a foreign power as de- (2) DEFINITION.—Section 2510 of title 18, Section 2511(2)(f) of title 18, United States fined in section 101(b)(1)(A) may be for a pe- United States Code, is amended by— Code, is amended— riod not to exceed 1 year’’. (A) in paragraph (17), by striking ‘‘and’’ (1) by striking ‘‘this chapter or chapter (2) DEFINED TERM.—Section 304(d)(2) of the after the semicolon; 121’’ and inserting ‘‘this chapter or chapter Foreign Intelligence Surveillance Act of 1978 (B) in paragraph (18), by striking the pe- 121 or 206 of this title’’; and (50 U.S.C. 1824(d)(2) is amended by inserting riod and inserting ‘‘; and’’; and (2) by striking ‘‘wire and oral’’ and insert- after ‘‘not a United States person,’’ the fol- (C) by inserting at the end the following: ing ‘‘wire, oral, and electronic’’. lowing: ‘‘or against an agent of a foreign ‘‘(19) ‘foreign intelligence information’ SEC. 205. EMPLOYMENT OF TRANSLATORS BY power as defined in section 101(b)(1)(A),’’. means— THE FEDERAL BUREAU OF INVES- SEC. 208. DESIGNATION OF JUDGES. ‘‘(A) information, whether or not con- TIGATION. Section 103(a) of the Foreign Intelligence cerning a United States person, that relates (a) AUTHORITY.—The Director of the Fed- Surveillance Act of 1978 (50 U.S.C. 1803(a)) is to the ability of the United States to protect eral Bureau of Investigation is authorized to amended by— against— expedite the employment of personnel as (1) striking ‘‘seven district court judges’’ ‘‘(i) actual or potential attack or other translators to support counterterrorism in- and inserting ‘‘11 district court judges’’; and grave hostile acts of a foreign power or an vestigations and operations without regard (2) inserting ‘‘of whom no fewer than 3 agent of a foreign power; to applicable Federal personnel requirements shall reside within 20 miles of the District of ‘‘(ii) sabotage or international terrorism and limitations. Columbia’’ after ‘‘circuits’’. by a foreign power or an agent of a foreign (b) SECURITY REQUIREMENTS.—The Director of the Federal Bureau of Investigation shall SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES power; or PURSUANT TO WARRANTS. ‘‘(iii) clandestine intelligence activities by establish such security requirements as are Title 18, United States Code, is amended— an intelligence service or network of a for- necessary for the personnel employed as (1) in section 2510— eign power or by an agent of a foreign power; translators under subsection (a). (A) in paragraph (1), by striking beginning (c) REPORT.—The Attorney General shall or with ‘‘and such’’ and all that follows through report to the Committees on the Judiciary of ‘‘(B) information, whether or not con- ‘‘communication’’; and the House of Representatives and the Senate cerning a United States person, with respect (B) in paragraph (14), by inserting ‘‘wire on— to a foreign power or foreign territory that or’’ after ‘‘transmission of’’; and (1) the number of translators employed by relates to— (2) in subsections (a) and (b) of section the FBI and other components of the Depart- ‘‘(i) the national defense or the security of 2703— the United States; or ment of Justice; (A) by striking ‘‘CONTENTS OF ELECTRONIC’’ ‘‘(ii) the conduct of the foreign affairs of (2) any legal or practical impediments to and inserting ‘‘CONTENTS OF WIRE OR ELEC- the United States.’’. using translators employed by other Federal, TRONIC’’ each place it appears; (c) PROCEDURES.—The Attorney General State, or local agencies, on a full, part-time, (B) by striking ‘‘contents of an electronic’’ shall establish procedures for the disclosure or shared basis; and and inserting ‘‘contents of a wire or elec- of information pursuant to section 2517(6) (3) the needs of the FBI for specific trans- tronic’’ each place it appears; and and Rule 6(e)(3)(C)(i)(V) of the Federal Rules lation services in certain languages, and rec- (C) by striking ‘‘any electronic’’ and in- of Criminal Procedure that identifies a ommendations for meeting those needs. United States person, as defined in section serting ‘‘any wire or electronic’’ each place SEC. 206. ROVING SURVEILLANCE AUTHORITY it appears. 101 of the Foreign Intelligence Surveillance UNDER THE FOREIGN INTEL- Act of 1978 (50 U.S.C. 1801)). LIGENCE SURVEILLANCE ACT OF SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS (d) FOREIGN INTELLIGENCE INFORMATION.— 1978. OF ELECTRONIC COMMUNICATIONS. (1) IN GENERAL.—Notwithstanding any Section 105(c)(2)(B) of the Foreign Intel- Section 2703(c)(2) of title 18, United States other provision of law, it shall be lawful for ligence Surveillance Act of 1978 (50 U.S.C. Code, as redesignated by section 212, is foreign intelligence or counterintelligence 1805(c)(2)(B)) is amended by inserting ‘‘, or in amended— (as defined in section 3 of the National Secu- circumstances where the Court finds that (1) by striking ‘‘entity the name, address, rity Act of 1947 (50 U.S.C. 401a)) or foreign in- the actions of the target of the application local and long distance telephone toll billing telligence information obtained as part of a may have the effect of thwarting the identi- records, telephone number or other sub- criminal investigation to be disclosed to any fication of a specified person, such other per- scriber number or identity, and length of Federal law enforcement, intelligence, pro- sons,’’ after ‘‘specified person’’. service of a subscriber’’ and inserting the fol- lowing: ‘‘entity the— tective, immigration, national defense, or SEC. 207. DURATION OF FISA SURVEILLANCE OF national security official in order to assist NON-UNITED STATES PERSONS WHO ‘‘(A) name; the official receiving that information in the ARE AGENTS OF A FOREIGN POWER. ‘‘(B) address; performance of his official duties. Any Fed- (a) DURATION .— ‘‘(C) local and long distance telephone con- eral official who receives information pursu- (1) SURVEILLANCE.—Section 105(e)(1) of the nection records, or records of session times ant to this provision may use that informa- Foreign Intelligence Surveillance Act of 1978 and durations; tion only as necessary in the conduct of that (50 U.S.C. 1805(e)(1)) is amended by— ‘‘(D) length of service (including start person’s official duties subject to any limita- (A) inserting ‘‘(A)’’ after ‘‘except that’’; date) and types of service utilized; tions on the unauthorized disclosure of such and ‘‘(E) telephone or instrument number or information. (B) inserting before the period the fol- other subscriber number or identity, includ- (2) DEFINITION.—In this subsection, the lowing: ‘‘, and (B) an order under this Act for ing any temporarily assigned network ad- term ‘‘foreign intelligence information’’ a surveillance targeted against an agent of a dress; and means— foreign power, as defined in section ‘‘(F) means and source of payment (includ- (A) information, whether or not concerning 101(b)(1)(A) may be for the period specified in ing any credit card or bank account num- a United States person, that relates to the the application or for 120 days, whichever is ber), ability of the United States to protect less’’. of a subscriber’’; and against— (2) PHYSICAL SEARCH.—Section 304(d)(1) of (2) by striking ‘‘and the types of services (i) actual or potential attack or other the Foreign Intelligence Surveillance Act of the subscriber or customer utilized,’’. grave hostile acts of a foreign power or an 1978 (50 U.S.C. 1824(d)(1)) is amended by— SEC. 211. CLARIFICATION OF SCOPE. agent of a foreign power; (A) striking ‘‘forty-five’’ and inserting Section 631 of the Communications Act of (ii) sabotage or international terrorism by ‘‘90’’; 1934 (47 U.S.C. 551) is amended— a foreign power or an agent of a foreign (B) inserting ‘‘(A)’’ after ‘‘except that’’; (1) in subsection (c)(2)— power; or and (A) in subparagraph (B), by striking ‘‘or’’;

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(B) in subparagraph (C), by striking the pe- (1) IN GENERAL.—Section 2703 of title 18, information or information concerning riod at the end and inserting ‘‘; or’’; and United States Code, is amended— international terrorism’’ and inserting ‘‘for (C) by inserting at the end the following: (A) by striking the section heading and in- any investigation to protect against inter- ‘‘(D) to a government entity as authorized serting the following: national terrorism or clandestine intel- under chapters 119, 121, or 206 of title 18, ‘‘§ 2703. Required disclosure of customer com- ligence activities, provided that such inves- United States Code, except that such disclo- munications or records’’; tigation of a United States person is not con- sure shall not include records revealing cable (B) in subsection (c) by redesignating para- ducted solely upon the basis of activities subscriber selection of video programming graph (2) as paragraph (3); protected by the first amendment to the from a cable operator.’’; and (C) in subsection (c)(1)— Constitution’’; (2) in subsection (h), by striking ‘‘A gov- (i) by striking ‘‘(A) Except as provided in (2) by amending subsection (c)(2) to read as ernmental entity’’ and inserting ‘‘Except as subparagraph (B), a provider of electronic follows: provided in subsection (c)(2)(D), a govern- communication service or remote computing ‘‘(2) a certification by the applicant that mental entity’’. service may’’ and inserting ‘‘A governmental the information likely to be obtained is rel- SEC. 212. EMERGENCY DISCLOSURE OF ELEC- evant to an ongoing investigation to protect TRONIC COMMUNICATIONS TO PRO- entity may require a provider of electronic communication service or remote computing against international terrorism or clandes- TECT LIFE AND LIMB. tine intelligence activities, provided that (a) DISCLOSURE OF CONTENTS.— service to’’; (ii) by striking ‘‘covered by subsection (a) such investigation of a United States person (1) IN GENERAL.—Section 2702 of title 18, is not conducted solely upon the basis of ac- United States Code, is amended— or (b) of this section) to any person other than a governmental entity. tivities protected by the first amendment to (A) by striking the section heading and in- the Constitution.’’; serting the following: ‘‘(B) A provider of electronic communica- tion service or remote computing service (3) by striking subsection (c)(3); and ‘‘§ 2702. Voluntary disclosure of customer (4) by amending subsection (d)(2)(A) to communications or records’’; shall disclose a record or other information pertaining to a subscriber to or customer of read as follows: (B) in subsection (a)— such service (not including the contents of ‘‘(A) shall specify— (i) in paragraph (2)(A), by striking ‘‘and’’ communications covered by subsection (a) or ‘‘(i) the identity, if known, of the person at the end; (b) of this section) to a governmental entity’’ who is the subject of the investigation; (ii) in paragraph (2)(B), by striking the pe- and inserting ‘‘)’’; ‘‘(ii) the identity, if known, of the person riod and inserting ‘‘; and’’; and (iii) by redesignating subparagraph (C) as to whom is leased or in whose name is listed (iii) by inserting after paragraph (2) the paragraph (2); the telephone line or other facility to which following: (iv) by redesignating clauses (i), (ii), (iii), the pen register or trap and trace device is to ‘‘(3) a provider of remote computing serv- and (iv) as subparagraphs (A), (B), (C), and be attached or applied; ice or electronic communication service to ‘‘(iii) the attributes of the communications the public shall not knowingly divulge a (D), respectively; (v) in subparagraph (D) (as redesignated) to which the order applies, such as the num- record or other information pertaining to a ber or other identifier, and, if known, the lo- subscriber to or customer of such service by striking the period and inserting ‘‘; or’’; and cation of the telephone line or other facility (not including the contents of communica- to which the pen register or trap and trace tions covered by paragraph (1) or (2)) to any (vi) by inserting after subparagraph (D) (as redesignated) the following: device is to be attached or applied and, in governmental entity.’’; the case of a trap and trace device, the geo- (C) in subsection (b), by striking ‘‘EXCEP- ‘‘(E) seeks information under paragraph (2).’’; and graphic limits of the trap and trace order.’’. TIONS.—A person or entity’’ and inserting (b) AUTHORIZATION DURING EMERGENCIES.— (D) in paragraph (2) (as redesignated) by ‘‘EXCEPTIONS FOR DISCLOSURE OF COMMUNICA- Section 403 of the Foreign Intelligence Sur- striking ‘‘subparagraph (B)’’ and insert TIONS.— A provider described in subsection veillance Act of 1978 (50 U.S.C. 1843) is ‘‘paragraph (1)’’. (a)’’; amended— (2) TECHNICAL AND CONFORMING AMEND- (D) in subsection (b)(6)— (1) in subsection (a), by striking ‘‘foreign MENT.—The table of sections for chapter 121 (i) in subparagraph (A)(ii), by striking intelligence information or information con- of title 18, United States Code, is amended by ‘‘or’’; cerning international terrorism’’ and insert- striking the item relating to section 2703 and (ii) in subparagraph (B), by striking the pe- ing ‘‘information to protect against inter- inserting the following: riod and inserting ‘‘; or’’; and national terrorism or clandestine intel- (iii) by adding after subparagraph (B) the ‘‘2703. Required disclosure of customer com- ligence activities, provided that such inves- following: munications or records.’’. tigation of a United States person is not con- ‘‘(C) if the provider reasonably believes SEC. 213. AUTHORITY FOR DELAYING NOTICE OF ducted solely upon the basis of activities that an emergency involving immediate dan- THE EXECUTION OF A WARRANT. protected by the first amendment to the ger of death or serious physical injury to any Section 3103a of title 18, United States Constitution’’; and person requires disclosure of the information Code, is amended— (2) in subsection (b)(1), by striking ‘‘foreign without delay.’’; and (1) by inserting ‘‘(a) IN GENERAL.—’’ before intelligence information or information con- (E) by inserting after subsection (b) the ‘‘In addition’’; and cerning international terrorism’’ and insert- following: (2) by adding at the end the following: ing ‘‘information to protect against inter- ‘‘(b) DELAY.—With respect to the issuance ‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUS- national terrorism or clandestine intel- TOMER RECORDS.—A provider described in of any warrant or court order under this sec- ligence activities, provided that such inves- subsection (a) may divulge a record or other tion, or any other rule of law, to search for tigation of a United States person is not con- information pertaining to a subscriber to or and seize any property or material that con- ducted solely upon the basis of activities customer of such service (not including the stitutes evidence of a criminal offense in vio- protected by the first amendment to the contents of communications covered by sub- lation of the laws of the United States, any Constitution’’. section (a)(1) or (a)(2))— notice required, or that may be required, to ‘‘(1) as otherwise authorized in section be given may be delayed if— SEC. 215. ACCESS TO RECORDS AND OTHER 2703; ITEMS UNDER THE FOREIGN INTEL- ‘‘(1) the court finds reasonable cause to be- LIGENCE SURVEILLANCE ACT. ‘‘(2) with the lawful consent of the cus- lieve that providing immediate notification Title V of the Foreign Intelligence Surveil- tomer or subscriber; of the execution of the warrant may have an lance Act of 1978 (50 U.S.C. 1861 et seq.) is ‘‘(3) as may be necessarily incident to the adverse result (as defined in section 2705); amended by striking sections 501 through 503 rendition of the service or to the protection ‘‘(2) the warrant prohibits the seizure of and inserting the following: of the rights or property of the provider of any tangible property, any wire or electronic ‘‘SEC. 501. ACCESS TO CERTAIN BUSINESS that service; communication (as defined in section 2510), RECORDS FOR FOREIGN INTEL- ‘‘(4) to a governmental entity, if the pro- or, except as expressly provided in chapter LIGENCE AND INTERNATIONAL TER- vider reasonably believes that an emergency 121, any stored wire or electronic informa- RORISM INVESTIGATIONS. involving immediate danger of death or seri- tion, except where the court finds reasonable ‘‘(a)(1) The Director of the Federal Bureau ous physical injury to any person justifies necessity for the seizure; and of Investigation or a designee of the Director disclosure of the information; or ‘‘(3) the warrant provides for the giving of (whose rank shall be no lower than Assistant ‘‘(5) to any person other than a govern- such notice within a reasonable period of its Special Agent in Charge) may make an ap- mental entity.’’. execution, which period may thereafter be plication for an order requiring the produc- (2) TECHNICAL AND CONFORMING AMEND- extended by the court for good cause tion of any tangible things (including books, MENT.—The table of sections for chapter 121 shown.’’. records, papers, documents, and other items) of title 18, United States Code, is amended by SEC. 214. PEN REGISTER AND TRAP AND TRACE for an investigation to protect against inter- striking the item relating to section 2702 and AUTHORITY UNDER FISA. national terrorism or clandestine intel- inserting the following: (a) APPLICATIONS AND ORDERS.—Section 402 ligence activities, provided that such inves- ‘‘2702. Voluntary disclosure of customer com- of the Foreign Intelligence Surveillance Act tigation of a United States person is not con- munications or records.’’. of 1978 (50 U.S.C. 1842) is amended— ducted solely upon the basis of activities (b) REQUIREMENTS FOR GOVERNMENT AC- (1) in subsection (a)(1), by striking ‘‘for any protected by the first amendment to the CESS.— investigation to gather foreign intelligence Constitution.

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‘‘(2) An investigation conducted under this ‘‘(1) ATTORNEY FOR THE GOVERNMENT.— subsection (a)(2), the geographic limits of section shall— Upon an application made under section the order; and’’. ‘‘(A) be conducted under guidelines ap- 3122(a)(1), the court shall enter an ex parte (3) NONDISCLOSURE REQUIREMENTS.—Section proved by the Attorney General under Exec- order authorizing the installation and use of 3123(d)(2) of title 18, United States Code, is utive Order 12333 (or a successor order); and a pen register or trap and trace device any- amended— ‘‘(B) not be conducted of a United States where within the United States, if the court (A) by inserting ‘‘or other facility’’ after person solely upon the basis of activities pro- finds that the attorney for the Government ‘‘the line’’; and tected by the first amendment to the Con- has certified to the court that the informa- (B) by striking ‘‘, or who has been ordered stitution of the United States. tion likely to be obtained by such installa- by the court’’ and inserting ‘‘or applied, or ‘‘(b) Each application under this section— tion and use is relevant to an ongoing crimi- who is obligated by the order’’. ‘‘(1) shall be made to— nal investigation. The order, upon service of (c) DEFINITIONS.— ‘‘(A) a judge of the court established by that order, shall apply to any person or enti- (1) COURT OF COMPETENT JURISDICTION.— section 103(a); or ty providing wire or electronic communica- Section 3127(2) of title 18, United States ‘‘(B) a United States Magistrate Judge tion service in the United States whose as- Code, is amended by striking subparagraph under chapter 43 of title 28, United States sistance may facilitate the execution of the (A) and inserting the following: Code, who is publicly designated by the Chief order. Whenever such an order is served on Justice of the United States to have the any person or entity not specifically named ‘‘(A) any district court of the United power to hear applications and grant orders in the order, upon request of such person or States (including a magistrate judge of such for the production of tangible things under entity, the attorney for the Government or a court) or any United States court of ap- this section on behalf of a judge of that law enforcement or investigative officer that peals having jurisdiction over the offense court; and is serving the order shall provide written or being investigated; or’’. ‘‘(2) shall specify that the records con- electronic certification that the order ap- (2) PEN REGISTER.—Section 3127(3) of title cerned are sought for an authorized inves- plies to the person or entity being served. 18, United States Code, is amended— tigation conducted in accordance with sub- ‘‘(2) STATE INVESTIGATIVE OR LAW ENFORCE- (A) by striking ‘‘electronic or other im- section (a)(2) to protect against inter- MENT OFFICER.—Upon an application made pulses’’ and all that follows through ‘‘is at- national terrorism or clandestine intel- under section 3122(a)(2), the court shall enter tached’’ and inserting ‘‘dialing, routing, ad- ligence activities. an ex parte order authorizing the installa- dressing, or signaling information trans- ‘‘(c)(1) Upon an application made pursuant tion and use of a pen register or trap and mitted by an instrument or facility from to this section, the judge shall enter an ex trace device within the jurisdiction of the which a wire or electronic communication is parte order as requested, or as modified, ap- court, if the court finds that the State law transmitted, provided, however, that such proving the release of records if the judge enforcement or investigative officer has cer- information shall not include the contents of finds that the application meets the require- tified to the court that the information like- any communication’’; and ments of this section. ly to be obtained by such installation and (B) by inserting ‘‘or process’’ after ‘‘de- ‘‘(2) An order under this subsection shall use is relevant to an ongoing criminal inves- vice’’ each place it appears. not disclose that it is issued for purposes of tigation. (3) TRAP AND TRACE DEVICE.—Section ‘‘(3)(A) Where the law enforcement agency an investigation described in subsection (a). 3127(4) of title 18, United States Code, is implementing an ex parte order under this ‘‘(d) No person shall disclose to any other amended— subsection seeks to do so by installing and person (other than those persons necessary (A) by striking ‘‘of an instrument’’ and all using its own pen register or trap and trace to produce the tangible things under this that follows through the semicolon and in- device on a packet-switched data network of section) that the Federal Bureau of Inves- serting ‘‘or other dialing, routing, address- a provider of electronic communication serv- tigation has sought or obtained tangible ing, and signaling information reasonably ice to the public, the agency shall ensure things under this section. likely to identify the source of a wire or that a record will be maintained which will ‘‘(e) A person who, in good faith, produces electronic communication, provided, how- identify— tangible things under an order pursuant to ever, that such information shall not include ‘‘(i) any officer or officers who installed this section shall not be liable to any other the contents of any communication;’’; and the device and any officer or officers who (B) by inserting ‘‘or process’’ after ‘‘a de- person for such production. Such production accessed the device to obtain information shall not be deemed to constitute a waiver of vice’’. from the network; (4) CONFORMING AMENDMENT.—Section any privilege in any other proceeding or con- ‘‘(ii) the date and time the device was in- text. 3127(1) of title 18, United States Code, is stalled, the date and time the device was amended— ‘‘SEC. 502. CONGRESSIONAL OVERSIGHT. uninstalled, and the date, time, and duration (A) by striking ‘‘and’’; and ‘‘(a) On a semiannual basis, the Attorney of each time the device is accessed to obtain (B) by inserting ‘‘, and ‘contents’’’ after General shall fully inform the Permanent information; ‘‘electronic communication service’’. Select Committee on Intelligence of the ‘‘(iii) the configuration of the device at the (5) TECHNICAL AMENDMENT.—Section 3124(d) House of Representatives and the Select time of its installation and any subsequent of title 18, United States Code, is amended by Committee on Intelligence of the Senate modification thereof; and striking ‘‘the terms of’’. concerning all requests for the production of ‘‘(iv) any information which has been col- tangible things under section 402. lected by the device. SEC. 217. INTERCEPTION OF COMPUTER TRES- ‘‘(b) On a semiannual basis, the Attorney To the extent that the pen register or trap PASSER COMMUNICATIONS. General shall provide to the Committees on and trace device can be set automatically to Chapter 119 of title 18, United States Code, the Judiciary of the House of Representa- record this information electronically, the is amended— tives and the Senate a report setting forth record shall be maintained electronically (1) in section 2510— with respect to the preceding 6-month pe- throughout the installation and use of such (A) in paragraph (18), by striking ‘‘and’’ at riod— device. the end; ‘‘(1) the total number of applications made ‘‘(B) The record maintained under subpara- (B) in paragraph (19), by striking the pe- for orders approving requests for the produc- graph (A) shall be provided ex parte and riod and inserting a semicolon; and tion of tangible things under section 402; and under seal to the court which entered the ex (C) by inserting after paragraph (19) the ‘‘(2) the total number of such orders either parte order authorizing the installation and following: granted, modified, or denied.’’. use of the device within 30 days after termi- ‘‘(20) ‘protected computer’ has the meaning nation of the order (including any extensions SEC. 216. MODIFICATION OF AUTHORITIES RE- set forth in section 1030; and thereof).’’. LATING TO USE OF PEN REGISTERS ‘‘(21) ‘computer trespasser’— AND TRAP AND TRACE DEVICES. (2) CONTENTS OF ORDER.—Section 3123(b)(1) ‘‘(A) means a person who accesses a pro- (a) GENERAL LIMITATIONS.—Section 3121(c) of title 18, United States Code, is amended— tected computer without authorization and of title 18, United States Code, is amended— (A) in subparagraph (A)— thus has no reasonable expectation of pri- (1) by inserting ‘‘or trap and trace device’’ (i) by inserting ‘‘or other facility’’ after vacy in any communication transmitted to, after ‘‘pen register’’; ‘‘telephone line’’; and through, or from the protected computer; (2) by inserting ‘‘, routing, addressing,’’ (ii) by inserting before the semicolon at and after ‘‘dialing’’; and the end ‘‘or applied’’; and ‘‘(B) does not include a person known by (3) by striking ‘‘call processing’’ and in- (B) by striking subparagraph (C) and in- the owner or operator of the protected com- serting ‘‘the processing and transmitting of serting the following: puter to have an existing contractual rela- wire or electronic communications so as not ‘‘(C) the attributes of the communications tionship with the owner or operator of the to include the contents of any wire or elec- to which the order applies, including the protected computer for access to all or part tronic communications’’. number or other identifier and, if known, the of the protected computer.’’; and (b) ISSUANCE OF ORDERS.— location of the telephone line or other facil- (2) in section 2511(2), by inserting at the (1) IN GENERAL.—Section 3123(a) of title 18, ity to which the pen register or trap and end the following: United States Code, is amended to read as trace device is to be attached or applied, and, follows: in the case of an order authorizing installa- ‘‘(i) It shall not be unlawful under this ‘‘(a) IN GENERAL.— tion and use of a trap and trace device under chapter for a person acting under color of

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.014 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6745 law to intercept the wire or electronic com- gated pursuant to such laws (or similar or violation, the department or agency shall munications of a computer trespasser trans- successor laws), for the unlawful export of promptly initiate a proceeding to determine mitted to, through, or from the protected any agricultural commodity, medicine, or whether disciplinary action against the offi- computer, if— medical device to— cer or employee is warranted. If the head of ‘‘(I) the owner or operator of the protected (1) a foreign organization, group, or person the department or agency involved deter- computer authorizes the interception of the designated pursuant to Executive Order 12947 mines that disciplinary action is not war- computer trespasser’s communications on of June 25, 1995; ranted, he or she shall notify the Inspector the protected computer; (2) a Foreign Terrorist Organization pursu- General with jurisdiction over the depart- ‘‘(II) the person acting under color of law is ant to the Antiterrorism and Effective Death ment or agency concerned and shall provide lawfully engaged in an investigation; Penalty Act of 1996 (Public Law 104–132); the Inspector General with the reasons for ‘‘(III) the person acting under color of law (3) a foreign organization, group, or person such determination.’’; and has reasonable grounds to believe that the designated pursuant to Executive Order 13224 (3) by adding a new subsection (g), as fol- contents of the computer trespasser’s com- (September 23, 2001); lows: munications will be relevant to the inves- (4) any narcotics trafficking entity des- ‘‘(g) IMPROPER DISCLOSURE.—Any willful tigation; and ignated pursuant to Executive Order 12978 disclosure of a ‘record’, as that term is de- ‘‘(IV) such interception does not acquire (October 21, 1995) or the Foreign Narcotics fined in section 552a(a) of title 5, United communications other than those trans- Kingpin Designation Act (Public Law 106– States Code, obtained by an investigative or mitted to or from the computer trespasser.’’. 120); or law enforcement officer, or a governmental SEC. 218. FOREIGN INTELLIGENCE INFORMA- (5) any foreign organization, group, or per- entity, pursuant to section 2703 of this title, TION. sons subject to any restriction for its in- or from a device installed pursuant to sec- Sections 104(a)(7)(B) and section volvement in weapons of mass destruction or tion 3123 or 3125 of this title, that is not a 303(a)(7)(B) (50 U.S.C. 1804(a)(7)(B) and missile proliferation. disclosure made in the proper performance of 1823(a)(7)(B)) of the Foreign Intelligence Sur- SEC. 222. ASSISTANCE TO LAW ENFORCEMENT the official duties of the officer or govern- veillance Act of 1978 are each amended by AGENCIES. mental entity making the disclosure, is a striking ‘‘the purpose’’ and inserting ‘‘a sig- Nothing in this Act shall impose any addi- violation of this chapter. This provision nificant purpose’’. tional technical obligation or requirement shall not apply to information previously SEC. 219. SINGLE-JURISDICTION SEARCH WAR- on a provider of a wire or electronic commu- lawfully disclosed to the public by a Federal, RANTS FOR TERRORISM. nication service or other person to furnish State, or local governmental entity.’’. Rule 41(a) of the Federal Rules of Criminal facilities or technical assistance. A provider (c)(1) Chapter 121 of title 18, United States Procedure is amended by inserting after ‘‘ex- of a wire or electronic communication serv- Code, is amended by adding at the end the ecuted’’ the following: ‘‘and (3) in an inves- ice, landlord, custodian, or other person who following: tigation of domestic terrorism or inter- furnishes facilities or technical assistance ‘‘§ 2712. Civil actions against the United national terrorism (as defined in section 2331 pursuant to section 216 shall be reasonably States of title 18, United States Code), by a Federal compensated for such reasonable expendi- magistrate judge in any district in which ac- tures incurred in providing such facilities or ‘‘(a) IN GENERAL.—Any person who is ag- tivities related to the terrorism may have assistance. grieved by any violation of this chapter or of chapter 119 of this title or of sections 106(a), occurred, for a search of property or for a SEC. 223. CIVIL LIABILITY FOR CERTAIN UNAU- person within or outside the district’’. THORIZED DISCLOSURES. 305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et SEC. 220. NATIONWIDE SERVICE OF SEARCH WAR- (a) Section 2520 of title 18, United States seq.) may commence an action in United RANTS FOR ELECTRONIC EVIDENCE. Code, is amended— States District Court against the United Chapter 121 of title 18, United States Code, (1) in subsection (a), after ‘‘entity’’, by in- States to recover money damages. In any is amended— serting ‘‘, other than the United States,’’; such action, if a person who is aggrieved suc- (1) in section 2703, by striking ‘‘under the (2) by adding at the end the following: cessfully establishes a violation of this chap- Federal Rules of Criminal Procedure’’ every ‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court ter or of chapter 119 of this title or of the place it appears and inserting ‘‘using the determines that the United States or any of above specific provisions of title 50, the procedures described in the Federal Rules of its departments or agencies has violated any Court may assess as damages— Criminal Procedure by a court with jurisdic- provision of this chapter, and the court finds ‘‘(1) actual damages, but not less than tion over the offense under investigation’’; that the circumstances surrounding the vio- $10,000, whichever amount is greater; and and lation raise serious questions about whether ‘‘(2) litigation costs, reasonably incurred. (2) in section 2711— or not an officer or employee of the United (A) in paragraph (1), by striking ‘‘and’’; States acted willfully or intentionally with ‘‘(b) PROCEDURES.—(1) Any action against (B) in paragraph (2), by striking the period respect to the possible violation, the depart- the United States under this section may be and inserting ‘‘; and’’; and ment or agency shall promptly initiate a commenced only after a claim is presented (C) by inserting at the end the following: proceeding to determine whether discipli- to the appropriate department or agency ‘‘(3) the term ‘court of competent jurisdic- nary action against the officer or employee under the procedures of the Federal Tort tion’ has the meaning assigned by section is warranted. If the head of the department Claims Act, as set forth in title 28, United 3127, and includes any Federal court within or agency involved determines that discipli- States Code. that definition, without geographic limita- nary action is not warranted, he or she shall ‘‘(2) Any action against the United States tion.’’. notify the Inspector General with jurisdic- under this section shall be commenced with- SEC. 221. TRADE SANCTIONS. tion over the department or agency con- in the time period set forth in section 2401(b) (a) IN GENERAL.—The Trade Sanctions Re- cerned and shall provide the Inspector Gen- of title 28, United States Code. The claim form and Export Enhancement Act of 2000 eral with the reasons for such determina- shall accrue on the date upon which the (Public Law 106–387; 114 Stat. 1549A–67) is tion.’’; and claimant first discovers the violation. amended— (3) by adding a new subsection (g), as fol- ‘‘(3) Any action under this section shall be (1) by amending section 904(2)(C) to read as lows: tried to the court without a jury. follows: ‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.— ‘‘(4) Notwithstanding any other provision ‘‘(C) used to facilitate the design, develop- Any willful disclosure or use by an investiga- of law, the procedures set forth in section ment, or production of chemical or biologi- tive or law enforcement officer or govern- 106(f), 305(g), or 405(f) of the Foreign Intel- cal weapons, missiles, or weapons of mass de- mental entity of information beyond the ex- ligence Surveillance Act of 1978 (50 U.S.C. struction.’’; tent permitted by section 2517 is a violation 1801 et seq.) shall be the exclusive means by (2) in section 906(a)(1)— of this chapter for purposes of section which materials governed by those sections (A) by inserting ‘‘, the Taliban or the terri- 2520(a). may be reviewed. tory of Afghanistan controlled by the (b) Section 2707 of title 18, United States ‘‘(5) An amount equal to any award against Taliban,’’ after ‘‘Cuba’’; and Code, is amended— the United States under this section shall be (B) by inserting ‘‘, or in the territory of Af- (1) in subsection (a), after ‘‘entity’’, by in- reimbursed by the department or agency ghanistan controlled by the Taliban,’’ after serting ‘‘, other than the United States,’’; concerned to the fund described in section ‘‘within such country’’; and (2) by striking subsection (d) and inserting 1304 of title 31, United States Code, out of (3) in section 906(a)(2), by inserting ‘‘, or to the following: any appropriation, fund, or other account any other entity in Syria or North Korea’’ ‘‘(d) ADMINISTRATIVE DISCIPLINE.—If a (excluding any part of such appropriation, after ‘‘Korea’’. court determines that the United States or fund, or account that is available for the en- (b) APPLICATION OF THE TRADE SANCTIONS any of its departments or agencies has vio- forcement of any Federal law) that is avail- REFORM AND EXPORT ENHANCEMENT ACT.— lated any provision of this chapter, and the able for the operating expenses of the depart- Nothing in the Trade Sanctions Reform and court finds that the circumstances sur- ment or agency concerned. Export Enhancement Act of 2000 shall limit rounding the violation raise serious ques- ‘‘(c) ADMINISTRATIVE DISCIPLINE.—If a the application or scope of any law estab- tions about whether or not an officer or em- court determines that the United States or lishing criminal or civil penalties, including ployee of the United States acted willfully or any of its departments or agencies has vio- any executive order or regulation promul- intentionally with respect to the possible lated any provision of this chapter, and the

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.014 pfrm01 PsN: H12PT1 H6746 CONGRESSIONAL RECORD — HOUSE October 12, 2001 court finds that the circumstances sur- the number authorized under current law), ‘‘(d) For purposes of administering this rounding the violation raise serious ques- and the necessary personnel and facilities to section, the Department of State shall, prior tions about whether or not an officer or em- support such personnel, in each State along to receiving access to NCIC data but not ployee of the United States acted willfully or the Northern Border; later than 4 months after the date of enact- intentionally with respect to the possible (2) such sums as may be necessary to triple ment of this subsection, promulgate final violation, the department or agency shall the number of Customs Service personnel regulations— promptly initiate a proceeding to determine (from the number authorized under current ‘‘(1) to implement procedures for the tak- whether disciplinary action against the offi- law), and the necessary personnel and facili- ing of fingerprints; and cer or employee is warranted. If the head of ties to support such personnel, at ports of ‘‘(2) to establish the conditions for the use the department or agency involved deter- entry in each State along the Northern Bor- of the information received from the Federal mines that disciplinary action is not war- der; Bureau of Investigation, in order— ranted, he or she shall notify the Inspector (3) such sums as may be necessary to triple ‘‘(A) to limit the redissemination of such General with jurisdiction over the depart- the number of INS inspectors (from the num- information; ment or agency concerned and shall provide ber authorized on the date of enactment of ‘‘(B) to ensure that such information is the Inspector General with the reasons for this Act), and the necessary personnel and used solely to determine whether or not to such determination. facilities to support such personnel, at ports issue a visa to an alien or to admit an alien ‘‘(d) EXCLUSIVE REMEDY.—Any action of entry in each State along the Northern to the United States; against the United States under this sub- Border; and ‘‘(C) to ensure the security, confiden- section shall be the exclusive remedy against (4) an additional $50,000,000 each to the Im- tiality, and destruction of such information; the United States for any claims within the migration and Naturalization Service and and purview of this section.’’. the United States Customs Service for pur- ‘‘(D) to protect any privacy rights of indi- (2) The table of sections at the beginning of poses of making improvements in technology viduals who are subjects of such informa- chapter 121 is amended to read as follows: for monitoring the Northern Border and ac- tion.’’. ‘‘2712. Civil action against the United quiring additional equipment at the North- (b) REPORTING REQUIREMENT.—Not later States.’’. ern Border. than 2 years after the date of enactment of this Act, the Attorney General and the Sec- SEC. 224. SUNSET. SEC. 403. ACCESS BY THE DEPARTMENT OF retary of State jointly shall report to Con- (a) IN GENERAL.—Except as provided in STATE AND THE INS TO CERTAIN gress on the implementation of the amend- subsection (b), this title and the amend- IDENTIFYING INFORMATION IN THE ments made by this section. ments made by this title (other than sec- CRIMINAL HISTORY RECORDS OF VISA APPLICANTS AND APPLICANTS (c) TECHNOLOGY STANDARD TO CONFIRM tions 203(a), 203(c), 205, 208, 211, 213, 219, 221, FOR ADMISSION TO THE UNITED IDENTITY.— and 222, and the amendments made by those STATES. (1) IN GENERAL.—The Attorney General and sections) shall cease to have effect on De- (a) AMENDMENT OF THE IMMIGRATION AND the Secretary of State jointly, through the cember 31, 2004. NATIONALITY ACT.—Section 105 of the Immi- National Institute of Standards and Tech- (b) EXCEPTIONS.—(1) If the President noti- gration and Nationality Act (8 U.S.C. 1105) is nology (NIST), and in consultation with the fies the Congress before December 31, 2004 amended— Secretary of the Treasury and other Federal that it is in the national interest that these (1) in the section heading, by inserting ‘‘; law enforcement and intelligence agencies provisions remain in effect, these provisions DATA EXCHANGE’’ after ‘‘SECURITY OFFICERS’’; the Attorney General or Secretary of State shall remain in effect until December 31, 2006 (2) by inserting ‘‘(a)’’ after ‘‘SEC. 105.’’; deems appropriate, shall within 2 years after and cease to have effect on that date. (3) in subsection (a), by inserting ‘‘and bor- the date of enactment of this section, de- (2) With respect to any investigation that der’’ after ‘‘internal’’ the second place it ap- velop and certify a technology standard that began before the date on which these provi- pears; and can confirm the identity of a person applying sions cease to have effect, these provisions (4) by adding at the end the following: for a United States visa or such person seek- shall continue in effect. ‘‘(b)(1) The Attorney General and the Di- ing to enter the United States pursuant to a TITLE III—FINANCIAL INFRASTRUCTURE rector of the Federal Bureau of Investigation visa. SEC. 301. LAUNDERING THE PROCEEDS OF TER- shall provide the Department of State and (2) INTEGRATED.—The technology standard RORISM. the Service access to the criminal history developed pursuant to paragraph (1), shall be Section 1956(c)(7)(D) of title 18, United record information contained in the National the technological basis for a cross-agency, States Code, is amended by inserting ‘‘or Crime Information Center’s Interstate Iden- cross-platform electronic system that is a 2339B’’ after ‘‘2339A’’. tification Index (NCIC–III), Wanted Persons cost-effective, efficient, fully integrated SEC. 305. EXTRATERRITORIAL JURISDICTION. File, and to any other files maintained by means to share law enforcement and intel- Section 1029 of title 18, United States Code, the National Crime Information Center that ligence information necessary to confirm the is amended by adding at the end the fol- may be mutually agreed upon by the Attor- identity of such persons applying for a lowing: ney General and the agency receiving the ac- United States visa or such person seeking to ‘‘(h) Any person who, outside the jurisdic- cess, for the purpose of determining whether enter the United States pursuant to a visa. tion of the United States, engages in any act or not a visa applicant or applicant for ad- (3) ACCESSIBLE.—The electronic system de- that, if committed within the jurisdiction of mission has a criminal history record in- scribed in paragraph (2), once implemented, the United States, would constitute an of- dexed in any such file. shall be readily and easily accessible to— fense under subsection (a) or (b) of this sec- ‘‘(2) Such access shall be provided by (A) all consular officers responsible for the tion, shall be subject to the fines, penalties, means of extracts of the records for place- issuance of visas; imprisonment, and forfeiture provided in ment in the automated visa lookout or other (B) all Federal inspection agents at all this title if— appropriate database, and shall be provided United States border inspection points; and ‘‘(1) the offense involves an access device without any fee or charge. (C) all law enforcement and intelligence of- issued, owned, managed, or controlled by a ‘‘(3) The Federal Bureau of Investigation ficers as determined by regulation to be re- financial institution, account issuer, credit shall provide periodic updates of the extracts sponsible for investigation or identification card system member, or other entity within at intervals mutually agreed upon with the of aliens admitted to the United States pur- the jurisdiction of the United States; and agency receiving the access. Upon receipt of suant to a visa. ‘‘(2) the person transports, delivers, con- such updated extracts, the receiving agency (4) REPORT.—Not later than 18 months veys, transfers to or through, or otherwise shall make corresponding updates to its after the date of enactment of this Act, and stores, secrets, or holds within the jurisdic- database and destroy previously provided ex- every 2 years thereafter, the Attorney Gen- tion of the United States, any article used to tracts. eral and the Secretary of State shall jointly, assist in the commission of the offense or the ‘‘(4) Access to an extract does not entitle in consultation with the Secretary of Treas- proceeds of such offense or property derived the Department of State to obtain the full ury, report to Congress describing the devel- therefrom.’’. content of the corresponding automated opment, implementation and efficacy of the criminal history record. To obtain the full TITLE IV—PROTECTING THE BORDER technology standard and electronic database content of a criminal history record, the De- system described in this subsection. Subtitle A—Protecting the Northern Border partment of State shall submit the appli- (d) STATUTORY CONSTRUCTION.—Nothing in SEC. 401. ENSURING ADEQUATE PERSONNEL ON cant’s fingerprints and any appropriate fin- this section, or in any other law, shall be THE NORTHERN BORDER. gerprint processing fee authorized by law to construed to limit the authority of the At- The Attorney General is authorized to the Criminal Justice Information Services torney General or the Director of the Fed- waive any FTE cap on personnel assigned to Division of the Federal Bureau of Investiga- eral Bureau of Investigation to provide ac- the Immigration and Naturalization Service tion. cess to the criminal history record informa- to address the national security needs of the ‘‘(c) The provision of the extracts described tion contained in the National Crime Infor- United States on the Northern border. in subsection (b) may be reconsidered by the mation Center’s (NCIC) Interstate Identifica- SEC. 402. NORTHERN BORDER PERSONNEL. Attorney General and the receiving agency tion Index (NCIC–III), or to any other infor- There are authorized to be appropriated— upon the development and deployment of a mation maintained by the NCIC, to any Fed- (1) such sums as may be necessary to triple more cost-effective and efficient means of eral agency or officer authorized to enforce the number of Border Patrol personnel (from sharing the information. or administer the immigration laws of the

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.014 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6747 United States, for the purpose of such en- (B) by redesignating clauses (ii), (iii), and or individual that has committed terrorist forcement or administration, upon terms (iv) as clauses (iii), (iv), and (v), respectively; activity, if the Secretary of State, after con- that are consistent with the National Crime (C) in clause (i)(II), by striking ‘‘clause sultation with the Attorney General, or the Prevention and Privacy Compact Act of 1998 (iii)’’ and inserting ‘‘clause (iv)’’; Attorney General, after consultation with (subtitle A of title II of Public Law 105–251; (D) by inserting after clause (i) the fol- the Secretary of State, concludes in his sole 42 U.S.C. 14611–16) and section 552a of title 5, lowing: unreviewable discretion, that this clause United States Code. ‘‘(ii) EXCEPTION.—Subclause (VII) of clause should not apply.’’; and SEC. 404. LIMITED AUTHORITY TO PAY OVER- (i) does not apply to a spouse or child— (G) by adding at the end the following new TIME. ‘‘(I) who did not know or should not rea- clause: The matter under the headings ‘‘Immigra- sonably have known of the activity causing ‘‘(vi) TERRORIST ORGANIZATION DEFINED.— tion And Naturalization Service: Salaries the alien to be found inadmissible under this As used in clause (i)(VI) and clause (iv), the and Expenses, Enforcement And Border Af- section; or term ‘terrorist organization’ means an orga- fairs’’ and ‘‘Immigration And Naturalization ‘‘(II) whom the consular officer or Attor- nization— Service: Salaries and Expenses, Citizenship ney General has reasonable grounds to be- ‘‘(I) designated under section 219; And Benefits, Immigration And Program Di- lieve has renounced the activity causing the ‘‘(II) otherwise designated, upon publica- rection’’ in the Department of Justice Ap- alien to be found inadmissible under this sec- tion in the Federal Register, by the Sec- propriations Act, 2001 (as enacted into law by tion.’’; retary of State in consultation with or upon Appendix B (H.R. 5548) of Public Law 106–553 (E) in clause (iii) (as redesignated by sub- the request of the Attorney General, as a ter- (114 Stat. 2762A–58 to 2762A–59)) is amended paragraph (B))— rorist organization, after finding that it en- by striking the following each place it oc- (i) by inserting ‘‘it had been’’ before ‘‘com- gages in the activities described in subclause curs: ‘‘Provided, That none of the funds avail- mitted in the United States’’; and (I), (II), or (III) of clause (iv), or that it pro- able to the Immigration and Naturalization (ii) in subclause (V)(b), by striking ‘‘or vides material support to further terrorist Service shall be available to pay any em- firearm’’ and inserting ‘‘, firearm, or other activity; or ployee overtime pay in an amount in excess weapon or dangerous device’’; ‘‘(III) that is a group of two or more indi- of $30,000 during the calendar year beginning (F) by amending clause (iv) (as redesig- viduals, whether organized or not, which en- January 1, 2001:’’. nated by subparagraph (B)) to read as fol- gages in the activities described in subclause lows: (I), (II), or (III) of clause (iv).’’; and SEC. 405. REPORT ON THE INTEGRATED AUTO- (2) by adding at the end the following new MATED FINGERPRINT IDENTIFICA- ‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DE- TION SYSTEM FOR POINTS OF FINED.—As used in this chapter, the term ‘en- subparagraph: ENTRY AND OVERSEAS CONSULAR gage in terrorist activity’ means, in an indi- ‘‘(F) ASSOCIATION WITH TERRORIST ORGANI- POSTS. vidual capacity or as a member of an organi- ZATIONS.—Any alien who the Secretary of (a) IN GENERAL.—The Attorney General, in zation— State, after consultation with the Attorney consultation with the appropriate heads of ‘‘(I) to commit or to incite to commit, General, or the Attorney General, after con- other Federal agencies, including the Sec- under circumstances indicating an intention sultation with the Secretary of State, deter- retary of State, Secretary of the Treasury, to cause death or serious bodily injury, a ter- mines has been associated with a terrorist organization and intends while in the United and the Secretary of Transportation, shall rorist activity; States to engage solely, principally, or inci- report to Congress on the feasibility of en- ‘‘(II) to prepare or plan a terrorist activity; dentally in activities that could endanger hancing the Integrated Automated Finger- ‘‘(III) to gather information on potential the welfare, safety, or security of the United print Identification System (IAFIS) of the targets for terrorist activity; States is inadmissible.’’. Federal Bureau of Investigation and other ‘‘(IV) to solicit funds or other things of identification systems in order to better (b) CONFORMING AMENDMENTS.— value for— (1) Section 237(a)(4)(B) of the Immigration identify a person who holds a foreign pass- ‘‘(aa) a terrorist activity; port or a visa and may be wanted in connec- and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is ‘‘(bb) a terrorist organization described in amended by striking ‘‘section tion with a criminal investigation in the clauses (vi)(I) or (vi)(II); or United States or abroad, before the issuance 212(a)(3)(B)(iii)’’ and inserting ‘‘section ‘‘(cc) a terrorist organization described in 212(a)(3)(B)(iv)’’. of a visa to that person or the entry or exit clause (vi)(III), unless the solicitor can dem- by that person from the United States. (2) Section 208(b)(2)(A)(v) of the Immigra- onstrate that he did not know, and should tion and Nationality Act (8 U.S.C. (b) AUTHORIZATION OF APPROPRIATIONS.— not reasonably have known, that the solici- 1158(b)(2)(A)(v)) is amended by striking ‘‘or There is authorized to be appropriated not tation would further the organization’s ter- less than $2,000,000 to carry out this section. (IV)’’ and inserting ‘‘(IV), or (VI)’’. rorist activity; (c) RETROACTIVE APPLICATION OF AMEND- Subtitle B—Enhanced Immigration ‘‘(V) to solicit any individual— MENTS.— Provisions ‘‘(aa) to engage in conduct otherwise de- (1) IN GENERAL.—Except as otherwise pro- SEC. 411. DEFINITIONS RELATING TO TER- scribed in this clause; vided in this subsection, the amendments RORISM. ‘‘(bb) for membership in a terrorist organi- made by this section shall take effect on the (a) GROUNDS OF INADMISSIBILITY.—Section zation described in clauses (vi)(I) or (vi)(II); date of enactment of this Act and shall apply 212(a)(3) of the Immigration and Nationality or to— Act (8 U.S.C. 1182(a)(3)) is amended— ‘‘(cc) for membership in a terrorist organi- (A) actions taken by an alien before, on, or (1) in subparagraph (B)— zation described in clause (vi)(III), unless the after such date; and (A) in clause (i)— solicitor can demonstrate that he did not (B) all aliens, without regard to the date of (i) by amending subclause (IV) to read as know, and should not reasonably have entry or attempted entry into the United follows: known, that the solicitation would further States— ‘‘(IV) is a representative (as defined in the organization’s terrorist activity; or (i) in removal proceedings on or after such clause (v)) of— ‘‘(VI) to commit an act that the actor date (except for proceedings in which there ‘‘(aa) a foreign terrorist organization, as knows, or reasonably should know, affords has been a final administrative decision be- designated by the Secretary of State under material support, including a safe house, fore such date); or section 219, or transportation, communications, funds, (ii) seeking admission to the United States ‘‘(bb) a political, social or other similar transfer of funds or other material financial on or after such date. group whose public endorsement of acts of benefit, false documentation or identifica- (2) SPECIAL RULE FOR ALIENS IN EXCLUSION terrorist activity the Secretary of State has tion, weapons (including chemical, biologi- OR DEPORTATION PROCEEDINGS.—Notwith- determined undermines United States efforts cal, or radiological weapons), explosives, or standing any other provision of law, sections to reduce or eliminate terrorist activities,’’; training— 212(a)(3)(B) and 237(a)(4)(B) of the Immigra- (ii) in subclause (V), by inserting ‘‘or’’ ‘‘(aa) for the commission of a terrorist ac- tion and Nationality Act, as amended by this after ‘‘section 219,’’; and tivity; Act, shall apply to all aliens in exclusion or (iii) by adding at the end the following new ‘‘(bb) to any individual who the actor deportation proceedings on or after the date subclauses: knows, or reasonably should know, has com- of enactment of this Act (except for pro- ‘‘(VI) has used the alien’s position of prom- mitted or plans to commit a terrorist activ- ceedings in which there has been a final ad- inence within any country to endorse or ity; ministrative decision before such date) as if espouse terrorist activity, or to persuade ‘‘(cc) to a terrorist organization described such proceedings were removal proceedings. others to support terrorist activity or a ter- in clauses (vi)(I) or (vi)(II); or (3) SPECIAL RULE FOR SECTION 219 ORGANIZA- rorist organization, in a way that the Sec- ‘‘(dd) to a terrorist organization described TIONS AND ORGANIZATIONS DESIGNATED UNDER retary of State has determined undermines in clause (vi)(III), unless the actor can dem- SECTION 212(a)(3)(B)(vi)(II).— United States efforts to reduce or eliminate onstrate that he did not know, and should (A) IN GENERAL.—Notwithstanding para- terrorist activities, or not reasonably have known, that the act graphs (1) and (2), no alien shall be consid- ‘‘(VII) is the spouse or child of an alien would further the organization’s terrorist ac- ered inadmissible under section 212(a)(3) of who is inadmissible under this section, if the tivity. the Immigration and Nationality Act (8 activity causing the alien to be found inad- This clause shall not apply to any material U.S.C. 1182(a)(3)), or deportable under section missible occurred within the last 5 years,’’; support the alien afforded to an organization 237(a)(4)(B) of such Act (8 U.S.C.

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Any redesignation shall the reasonably foreseeable future, may be scribed in subclause (IV)(bb), (V)(bb), or be effective immediately following the end of detained for additional periods of up to six (VI)(cc) of section 212(a)(3)(B)(iv) of such Act the prior 2-year designation or redesignation months if the release of the alien will not (as so amended) with respect to a group at period unless a different effective date is pro- protect the national security of the United any time when the group was not a terrorist vided in such redesignation.’’; States or adequately ensure the safety of the organization designated by the Secretary of (8) in paragraph (6)(A)— community or any person. State under section 219 of such Act (8 U.S.C. (A) by inserting ‘‘or a redesignation made ‘‘(b) HABEAS CORPUS AND JUDICIAL RE- 1189) or otherwise designated under section under paragraph (4)(B)’’ after ‘‘paragraph VIEW.— 212(a)(3)(B)(vi)(II). (1)’’; ‘‘(1) IN GENERAL.—Judicial review of any (B) STATUTORY CONSTRUCTION.—Subpara- (B) in clause (i)— action or decision relating to this section graph (A) shall not be construed to prevent (i) by inserting ‘‘or redesignation’’ after (including judicial review of the merits of a an alien from being considered inadmissible ‘‘designation’’ the first place it appears; and determination made under subsection (a)(3) or deportable for having engaged in a ter- (ii) by striking ‘‘of the designation’’; and or (a)(6)) is available exclusively in habeas rorist activity— (C) in clause (ii), by striking ‘‘of the des- corpus proceedings consistent with this sub- (i) described in subclause (IV)(bb), (V)(bb), ignation’’; section. Except as provided in the preceding or (VI)(cc) of section 212(a)(3)(B)(iv) of such (9) in paragraph (6)(B)— sentence, no court shall have jurisdiction to Act (as so amended) with respect to a ter- (A) by striking ‘‘through (4)’’ and inserting review, by habeas corpus petition or other- rorist organization at any time when such ‘‘and (3)’’; and wise, any such action or decision. organization was designated by the Sec- (B) by inserting at the end the following ‘‘(2) APPLICATION.— retary of State under section 219 of such Act new sentence: ‘‘Any revocation shall take ef- ‘‘(A) IN GENERAL.—Notwithstanding any or otherwise designated under section fect on the date specified in the revocation other provision of law, including section 212(a)(3)(B)(vi)(II); or or upon publication in the Federal Register 2241(a) of title 28, United States Code, habeas (ii) described in subclause (IV)(cc), (V)(cc), if no effective date is specified.’’; corpus proceedings described in paragraph (1) or (VI)(dd) of section 212(a)(3)(B)(iv) of such (10) in paragraph (7), by inserting ‘‘, or the may be initiated only by an application filed Act (as so amended) with respect to a ter- revocation of a redesignation under para- with— rorist organization described in section graph (6),’’ after ‘‘paragraph (5) or (6)’’; and ‘‘(i) the Supreme Court; 212(a)(3)(B)(vi)(III). (11) in paragraph (8)— ‘‘(ii) any justice of the Supreme Court; (4) EXCEPTION.—The Secretary of State, in (A) by striking ‘‘paragraph (1)(B)’’ and in- ‘‘(iii) any circuit judge of the United consultation with the Attorney General, serting ‘‘paragraph (2)(B), or if a redesigna- States Court of Appeals for the District of may determine that the amendments made tion under this subsection has become effec- Columbia Circuit; or by this section shall not apply with respect tive under paragraph (4)(B)’’; ‘‘(iv) any district court otherwise having to actions by an alien taken outside the (B) by inserting ‘‘or an alien in a removal jurisdiction to entertain it. United States before the date of enactment proceeding’’ after ‘‘criminal action’’; and ‘‘(B) APPLICATION TRANSFER.—Section of this Act upon the recommendation of a (C) by inserting ‘‘or redesignation’’ before 2241(b) of title 28, United States Code, shall consular officer who has concluded that ‘‘as a defense’’. apply to an application for a writ of habeas there is not reasonable ground to believe SEC. 412. MANDATORY DETENTION OF SUS- corpus described in subparagraph (A). that the alien knew or reasonably should PECTED TERRORISTS; HABEAS COR- ‘‘(3) APPEALS.—Notwithstanding any other have known that the actions would further a PUS; JUDICIAL REVIEW. provision of law, including section 2253 of terrorist activity. (a) IN GENERAL.—The Immigration and Na- title 28, in habeas corpus proceedings de- (c) DESIGNATION OF FOREIGN TERRORIST OR- tionality Act (8 U.S.C. 1101 et seq.) is amend- scribed in paragraph (1) before a circuit or GANIZATIONS.—Section 219(a) of the Immigra- ed by inserting after section 236 the fol- district judge, the final order shall be subject tion and Nationality Act (8 U.S.C. 1189(a)) is lowing: to review, on appeal, by the United States amended— ‘‘MANDATORY DETENTION OF SUSPECTED Court of Appeals for the District of Columbia (1) in paragraph (1)(B), by inserting ‘‘or TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW Circuit. There shall be no right of appeal in terrorism (as defined in section 140(d)(2) of ‘‘SEC. 236A. (a) DETENTION OF TERRORIST such proceedings to any other circuit court the Foreign Relations Authorization Act, ALIENS.— of appeals. Fiscal Years 1988 and 1989 (22 U.S.C. ‘‘(1) CUSTODY.—The Attorney General shall ‘‘(4) RULE OF DECISION.—The law applied by 2656f(d)(2)), or retains the capability and in- take into custody any alien who is certified the Supreme Court and the United States tent to engage in terrorist activity or ter- under paragraph (3). Court of Appeals for the District of Columbia rorism)’’ after ‘‘212(a)(3)(B)’’; ‘‘(2) RELEASE.—Except as provided in para- Circuit shall be regarded as the rule of deci- (2) in paragraph (1)(C), by inserting ‘‘or ter- graphs (5) and (6), the Attorney General shall sion in habeas corpus proceedings described rorism’’ after ‘‘terrorist activity’’; maintain custody of such an alien until the in paragraph (1). (3) by amending paragraph (2)(A) to read as alien is removed from the United States. Ex- ‘‘(c) STATUTORY CONSTRUCTION.—The provi- follows: cept as provided in paragraph (6), such cus- sions of this section shall not be applicable ‘‘(A) NOTICE.— tody shall be maintained irrespective of any to any other provision of the Immigration ‘‘(i) TO CONGRESSIONAL LEADERS.—Seven relief from removal for which the alien may and Nationality Act.’’. days before making a designation under this be eligible, or any relief from removal grant- (b) CLERICAL AMENDMENT.—The table of subsection, the Secretary shall, by classified ed the alien, until the Attorney General de- contents of the Immigration and Nationality communication, notify the Speaker and Mi- termines that the alien is no longer an alien Act is amended by inserting after the item nority Leader of the House of Representa- who may be certified under paragraph (3). relating to section 236 the following: tives, the President pro tempore, Majority ‘‘(3) CERTIFICATION.—The Attorney General ‘‘Sec. 236A. Mandatory detention of sus- Leader, and Minority Leader of the Senate, may certify an alien under this paragraph if pected terrorist; habeas corpus; and the members of the relevant commit- the Attorney General has reasonable grounds judicial review.’’. tees, in writing, of the intent to designate an to believe that the alien— (c) REPORTS.—Not later than 6 months organization under this subsection, together ‘‘(A) is described in section 212(a)(3)(A)(i), after the date of the enactment of this Act, with the findings made under paragraph (1) 212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), and every 6 months thereafter, the Attorney with respect to that organization, and the 237(a)(4)(A)(iii), or 237(a)(4)(B); or General shall submit a report to the Com- factual basis therefor. ‘‘(B) is engaged in any other activity that mittee on the Judiciary of the House of Rep- ‘‘(ii) PUBLICATION IN FEDERAL REGISTER.— endangers the national security of the resentatives and the Committee on the Judi- The Secretary shall publish the designation United States. ciary of the Senate, with respect to the re- in the Federal Register seven days after pro- ‘‘(4) NONDELEGATION.—The Attorney Gen- porting period, on— viding the notification under clause (i).’’; eral may delegate the authority provided (1) the number of aliens certified under (4) in paragraph (2)(B)(i), by striking ‘‘sub- under paragraph (3) only to the Commis- section 236A(a)(3) of the Immigration and paragraph (A)’’ and inserting ‘‘subparagraph sioner. The Commissioner may not delegate Nationality Act, as added by subsection (a); (A)(ii)’’; such authority. (2) the grounds for such certifications; (5) in paragraph (2)(C), by striking ‘‘para- ‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The (3) the nationalities of the aliens so cer- graph (2)’’ and inserting ‘‘paragraph Attorney General shall place an alien de- tified; (2)(A)(i)’’; tained under paragraph (1) in removal pro- (4) the length of the detention for each (6) in paragraph (3)(B), by striking ‘‘sub- ceedings, or shall charge the alien with a alien so certified; and section (c)’’ and inserting ‘‘subsection (b)’’; criminal offense, not later than 7 days after (5) the number of aliens so certified who— (7) in paragraph (4)(B), by inserting after the commencement of such detention. If the (A) were granted any form of relief from the first sentence the following: ‘‘The Sec- requirement of the preceding sentence is not removal; retary also may redesignate such organiza- satisfied, the Attorney General shall release (B) were removed; tion at the end of any 2-year redesignation the alien. (C) the Attorney General has determined period (but not sooner than 60 days prior to ‘‘(6) LIMITATION ON INDEFINITE DETENTION.— are no longer aliens who may be so certified; the termination of such period) for an addi- An alien detained under paragraph (1) who or

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(D) were released from detention. (2) SPOUSES AND CHILDREN.— timely application for an extension or SEC. 413. MULTILATERAL COOPERATION (A) IN GENERAL.—An alien is described in change of nonimmigrant status as a direct AGAINST TERRORISTS. this subsection if— result of a specified terrorist activity, the Section 222(f) of the Immigration and Na- (i) the alien was, on September 10, 2001, the alien’s application shall be considered timely tionality Act (8 U.S.C. 1202(f)) is amended— spouse or child of a principal alien described filed if it is filed not later than 60 days after (1) by striking ‘‘except that in the discre- in paragraph (1); and it otherwise would have been due. tion of’’ and inserting the following: ‘‘except (ii) the alien— (2) DEPARTURE DELAYS.—In the case of an that— (I) is accompanying such principal alien; or alien who was lawfully present in the United ‘‘(1) in the discretion of’’; and (II) is following to join such principal alien States as a nonimmigrant on September 10, (2) by adding at the end the following: not later than September 11, 2003. 2001, if the alien is unable timely to depart ‘‘(2) the Secretary of State, in the Sec- (B) CONSTRUCTION.—For purposes of con- the United States as a direct result of a spec- retary’s discretion and on the basis of reci- struing the terms ‘‘accompanying’’ and ‘‘fol- ified terrorist activity, the alien shall not be procity, may provide to a foreign govern- lowing to join’’ in subparagraph (A)(ii), any considered to have been unlawfully present ment information in the Department of death of a principal alien that is described in in the United States during the period begin- State’s computerized visa lookout database paragraph (1)(B)(i) shall be disregarded. ning on September 11, 2001, and ending on the and, when necessary and appropriate, other (3) GRANDPARENTS OF ORPHANS.—An alien is date of the alien’s departure, if such depar- records covered by this section related to in- described in this subsection if the alien is a ture occurs on or before November 11, 2001. formation in the database— grandparent of a child, both of whose parents (3) SPECIAL RULE FOR ALIENS UNABLE TO RE- ‘‘(A) with regard to individual aliens, at died as a direct result of a specified terrorist TURN FROM ABROAD.— any time on a case-by-case basis for the pur- activity, if either of such deceased parents (A) PRINCIPAL ALIENS.—In the case of an pose of preventing, investigating, or pun- was, on September 10, 2001, a citizen or na- alien who was in a lawful nonimmigrant sta- ishing acts that would constitute a crime in tional of the United States or an alien law- tus on September 10, 2001, but who was not the United States, including, but not limited fully admitted for permanent residence in present in the United States on such date, if to, terrorism or trafficking in controlled the United States. the alien was prevented from returning to substances, persons, or illicit weapons; or (c) PRIORITY DATE.—Immigrant visas made the United States in order to file a timely ‘‘(B) with regard to any or all aliens in the available under this section shall be issued application for an extension of non- database, pursuant to such conditions as the to aliens in the order in which a petition on immigrant status as a direct result of a spec- Secretary of State shall establish in an behalf of each such alien is filed with the At- ified terrorist activity— agreement with the foreign government in torney General under subsection (a)(1), ex- (i) the alien’s application shall be consid- which that government agrees to use such cept that if an alien was assigned a priority ered timely filed if it is filed not later than information and records for the purposes de- date with respect to a petition described in 60 days after it otherwise would have been scribed in subparagraph (A) or to deny visas subsection (b)(1)(A)(i), the alien may main- due; and to persons who would be inadmissible to the tain that priority date. (ii) the alien’s lawful nonimmigrant status United States.’’. (d) NUMERICAL LIMITATIONS.—For purposes shall be considered to continue until the Subtitle C—Preservation of Immigration of the application of sections 201 through 203 later of— Benefits for Victims of Terrorism of the Immigration and Nationality Act (8 (I) the date such status otherwise would SEC. 421. SPECIAL IMMIGRANT STATUS. U.S.C. 1151–1153) in any fiscal year, aliens eli- have terminated if this subparagraph had (a) IN GENERAL.—For purposes of the Immi- gible to be provided status under this section not been enacted; or gration and Nationality Act (8 U.S.C. 1101 et shall be treated as special immigrants de- (II) the date that is 60 days after the date seq.), the Attorney General may provide an scribed in section 101(a)(27) of such Act (8 on which the application described in clause alien described in subsection (b) with the U.S.C. 1101(a)(27)) who are not described in (i) otherwise would have been due. status of a special immigrant under section subparagraph (A), (B), (C), or (K) of such sec- (B) SPOUSES AND CHILDREN.—In the case of 101(a)(27) of such Act (8 U.S.C. 1101(a(27)), if tion. an alien who is the spouse or child of a prin- the alien— SEC. 422. EXTENSION OF FILING OR REENTRY cipal alien described in subparagraph (A), if (1) files with the Attorney General a peti- DEADLINES. the spouse or child was in a lawful non- tion under section 204 of such Act (8 U.S.C. (a) AUTOMATIC EXTENSION OF NON- immigrant status on September 10, 2001, the 1154) for classification under section 203(b)(4) IMMIGRANT STATUS.— spouse or child may remain lawfully in the of such Act (8 U.S.C. 1153(b)(4)); and (1) IN GENERAL.—Notwithstanding section United States in the same nonimmigrant (2) is otherwise eligible to receive an immi- 214 of the Immigration and Nationality Act status until the later of— grant visa and is otherwise admissible to the (8 U.S.C. 1184), in the case of an alien de- (i) the date such lawful nonimmigrant sta- United States for permanent residence, ex- scribed in paragraph (2) who was lawfully tus otherwise would have terminated if this cept in determining such admissibility, the present in the United States as a non- subparagraph had not been enacted; or grounds for inadmissibility specified in sec- immigrant on September 10, 2001, the alien (ii) the date that is 60 days after the date tion 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) may remain lawfully in the United States in on which the application described in sub- shall not apply. the same nonimmigrant status until the paragraph (A) otherwise would have been (b) ALIENS DESCRIBED.— later of— due. (1) PRINCIPAL ALIENS.—An alien is de- (A) the date such lawful nonimmigrant sta- (4) CIRCUMSTANCES PREVENTING TIMELY AC- scribed in this subsection if— tus otherwise would have terminated if this TION.— (A) the alien was the beneficiary of— subsection had not been enacted; or (A) FILING DELAYS.—For purposes of para- (i) a petition that was filed with the Attor- (B) 1 year after the death or onset of dis- graph (1), circumstances preventing an alien ney General on or before September 11, 2001— ability described in paragraph (2). from timely acting are— (I) under section 204 of the Immigration (2) ALIENS DESCRIBED.— (i) office closures; and Nationality Act (8 U.S.C. 1154) to clas- (A) PRINCIPAL ALIENS.—An alien is de- (ii) mail or courier service cessations or sify the alien as a family-sponsored immi- scribed in this paragraph if the alien was dis- delays; and grant under section 203(a) of such Act (8 abled as a direct result of a specified ter- (iii) other closures, cessations, or delays U.S.C. 1153(a)) or as an employment-based rorist activity. affecting case processing or travel necessary immigrant under section 203(b) of such Act (8 (B) SPOUSES AND CHILDREN.—An alien is de- to satisfy legal requirements. U.S.C. 1153(b)); or scribed in this paragraph if the alien was, on (B) DEPARTURE AND RETURN DELAYS.—For (II) under section 214(d) (8 U.S.C. 1184(d)) of September 10, 2001, the spouse or child of— purposes of paragraphs (2) and (3), cir- such Act to authorize the issuance of a non- (i) a principal alien described in subpara- cumstances preventing an alien from timely immigrant visa to the alien under section graph (A); or acting are— 101(a)(15)(K) of such Act (8 U.S.C. (ii) an alien who died as a direct result of (i) office closures; 1101(a)(15)(K)); or a specified terrorist activity. (ii) airline flight cessations or delays; and (ii) an application for labor certification (3) AUTHORIZED EMPLOYMENT.—During the (iii) other closures, cessations, or delays under section 212(a)(5)(A) of such Act (8 period in which a principal alien or alien affecting case processing or travel necessary U.S.C. 1182(a)(5)(A)) that was filed under reg- spouse is in lawful nonimmigrant status to satisfy legal requirements. ulations of the Secretary of Labor on or be- under paragraph (1), the alien shall be pro- (c) DIVERSITY IMMIGRANTS.— fore such date; and vided an ‘‘employment authorized’’ endorse- (1) WAIVER OF FISCAL YEAR LIMITATION.— (B) such petition or application was re- ment or other appropriate document signi- Notwithstanding section 203(e)(2) of the Im- voked or terminated (or otherwise rendered fying authorization of employment not later migration and Nationality Act (8 U.S.C. null), either before or after its approval, due than 30 days after the alien requests such au- 1153(e)(2)), an immigrant visa number issued to a specified terrorist activity that directly thorization. to an alien under section 203(c) of such Act resulted in— (b) NEW DEADLINES FOR EXTENSION OR for fiscal year 2001 may be used by the alien (i) the death or disability of the petitioner, CHANGE OF NONIMMIGRANT STATUS.— during the period beginning on October 1, applicant, or alien beneficiary; or (1) FILING DELAYS.—In the case of an alien 2001, and ending on April 1, 2002, if the alien (ii) loss of employment due to physical who was lawfully present in the United establishes that the alien was prevented damage to, or destruction of, the business of States as a nonimmigrant on September 10, from using it during fiscal year 2001 as a di- the petitioner or applicant. 2001, if the alien was prevented from filing a rect result of a specified terrorist activity.

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(2) WORLDWIDE LEVEL.—In the case of an September 11, 2001, and ending on October 11, (A) died as a direct result of a specified ter- alien entering the United States as a lawful 2001, such voluntary departure period is rorist activity; and permanent resident, or adjusting to that sta- deemed extended for an additional 30 days. (B) on the day of such death, was lawfully tus, under paragraph (1), the alien shall be SEC. 423. HUMANITARIAN RELIEF FOR CERTAIN admitted for permanent residence in the counted as a diversity immigrant for fiscal SURVIVING SPOUSES AND CHIL- United States. year 2001 for purposes of section 201(e) of the DREN. (c) APPLICATIONS FOR ADJUSTMENT OF STA- REATMENT AS MMEDIATE ELATIVES Immigration and Nationality Act (8 U.S.C. (a) T I R .— TUS BY SURVIVING SPOUSES AND CHILDREN OF (1) SPOUSES.—Notwithstanding the second 1151(e)), unless the worldwide level under EMPLOYMENT-BASED IMMIGRANTS.— sentence of section 201(b)(2)(A)(i) of the Im- such section for such year has been exceeded, (1) IN GENERAL.—Any alien who was, on in which case the alien shall be counted as a migration and Nationality Act (8 U.S.C. September 10, 2001, the spouse or child of an diversity immigrant for fiscal year 2002. 1151(b)(2)(A)(i)), in the case of an alien who alien described in paragraph (2), and who ap- (3) TREATMENT OF FAMILY MEMBERS OF CER- was the spouse of a citizen of the United plied for adjustment of status prior to the States at the time of the citizen’s death and TAIN ALIENS.—In the case of a principal alien death described in paragraph (2)(A), may was not legally separated from the citizen at issued an immigrant visa number under sec- have such application adjudicated as if such the time of the citizen’s death, if the citizen tion 203(c) of the Immigration and Nation- death had not occurred. died as a direct result of a specified terrorist ality Act (8 U.S.C. 1153(c)) for fiscal year (2) ALIENS DESCRIBED.—An alien is de- activity, the alien (and each child of the 2001, if such principal alien died as a direct scribed in this paragraph if the alien— alien) shall be considered, for purposes of result of a specified terrorist activity, the (A) died as a direct result of a specified ter- section 201(b) of such Act, to remain an im- aliens who were, on September 10, 2001, the rorist activity; and mediate relative after the date of the citi- spouse and children of such principal alien (B) on the day before such death, was— zen’s death, but only if the alien files a peti- shall, if not otherwise entitled to an immi- (i) an alien lawfully admitted for perma- tion under section 204(a)(1)(A)(ii) of such Act grant status and the immediate issuance of a nent residence in the United States by rea- within 2 years after such date and only until visa under subsection (a), (b), or (c) of sec- son of having been allotted a visa under sec- tion 203 of such Act, be entitled to the same the date the alien remarries. For purposes of such section 204(a)(1)(A)(ii), an alien granted tion 203(b) of the Immigration and Nation- status, and the same order of consideration, ality Act (8 U.S.C. 1153(b)); or that would have been provided to such alien relief under the preceding sentence shall be considered an alien spouse described in the (ii) an applicant for adjustment of status spouse or child under section 203(d) of such to that of an alien described in clause (i), and Act if the principal alien were not deceased. second sentence of section 201(b)(2)(A)(i) of such Act. admissible to the United States for perma- (4) CIRCUMSTANCES PREVENTING TIMELY AC- nent residence. TION.—For purposes of paragraph (1), cir- (2) CHILDREN.— (d) WAIVER OF PUBLIC CHARGE GROUNDS.— cumstances preventing an alien from using (A) IN GENERAL.—In the case of an alien In determining the admissibility of any alien an immigrant visa number during fiscal year who was the child of a citizen of the United accorded an immigration benefit under this 2001 are— States at the time of the citizen’s death, if section, the grounds for inadmissibility spec- (A) office closures; the citizen died as a direct result of a speci- ified in section 212(a)(4) of the Immigration (B) mail or courier service cessations or fied terrorist activity, the alien shall be con- and Nationality Act (8 U.S.C. 1182(a)(4)) shall delays; sidered, for purposes of section 201(b) of the not apply. (C) airline flight cessations or delays; and Immigration and Nationality Act (8 U.S.C. (D) other closures, cessations, or delays af- 1151(b)), to remain an immediate relative SEC. 424. ‘‘AGE-OUT’’ PROTECTION FOR CHIL- fecting case processing or travel necessary to after the date of the citizen’s death (regard- DREN. satisfy legal requirements. less of changes in age or marital status For purposes of the administration of the (d) EXTENSION OF EXPIRATION OF IMMIGRANT thereafter), but only if the alien files a peti- Immigration and Nationality Act (8 U.S.C. VISAS.— tion under subparagraph (B) within 2 years 1101 et seq.), in the case of an alien— (1) IN GENERAL.—Notwithstanding the limi- after such date. (1) whose 21st birthday occurs in Sep- tations under section 221(c) of the Immigra- (B) PETITIONS.—An alien described in sub- tember 2001, and who is the beneficiary of a tion and Nationality Act (8 U.S.C. 1201(c)), in paragraph (A) may file a petition with the petition or application filed under such Act the case of any immigrant visa issued to an Attorney General for classification of the on or before September 11, 2001, the alien alien that expires or expired before Decem- alien under section 201(b)(2)(A)(i) of the Im- shall be considered to be a child for 90 days ber 31, 2001, if the alien was unable to effect migration and Nationality Act (8 U.S.C. after the alien’s 21st birthday for purposes of entry into the United States as a direct re- 1151(b)(2)(A)(i)). For purposes of such Act, adjudicating such petition or application; sult of a specified terrorist activity, then the such a petition shall be considered a petition and period of validity of the visa is extended filed under section 204(a)(1)(A) of such Act (8 (2) whose 21st birthday occurs after Sep- until December 31, 2001, unless a longer pe- U.S.C. 1154(a)(1)(A)). tember 2001, and who is the beneficiary of a riod of validity is otherwise provided under (b) SPOUSES, CHILDREN, UNMARRIED SONS petition or application filed under such Act this subtitle. AND DAUGHTERS OF LAWFUL PERMANENT RESI- on or before September 11, 2001, the alien (2) CIRCUMSTANCES PREVENTING ENTRY.— DENT ALIENS.— shall be considered to be a child for 45 days For purposes of this subsection, cir- (1) IN GENERAL.—Any spouse, child, or un- after the alien’s 21st birthday for purposes of cumstances preventing an alien from effect- married son or daughter of an alien described adjudicating such petition or application. in paragraph (3) who is included in a petition ing entry into the United States are— SEC. 425. TEMPORARY ADMINISTRATIVE RELIEF. for classification as a family-sponsored im- (A) office closures; The Attorney General, for humanitarian (B) airline flight cessations or delays; and migrant under section 203(a)(2) of the Immi- gration and Nationality Act (8 U.S.C. purposes or to ensure family unity, may pro- (C) other closures, cessations, or delays af- vide temporary administrative relief to any fecting case processing or travel necessary to 1153(a)(2)) that was filed by such alien before September 11, 2001, shall be considered (if the alien who— satisfy legal requirements. (1) was lawfully present in the United (e) GRANTS OF PAROLE EXTENDED.— spouse, child, son, or daughter has not been States on September 10, 2001; (1) IN GENERAL.—In the case of any parole admitted or approved for lawful permanent (2) was on such date the spouse, parent, or granted by the Attorney General under sec- residence by such date) a valid petitioner for child of an individual who died or was dis- tion 212(d)(5) of the Immigration and Nation- preference status under such section with abled as a direct result of a specified ter- ality Act (8 U.S.C. 1182(d)(5)) that expires on the same priority date as that assigned prior rorist activity; and a date on or after September 11, 2001, if the to the death described in paragraph (3)(A). (3) is not otherwise entitled to relief under alien beneficiary of the parole was unable to No new petition shall be required to be filed. any other provision of this subtitle. return to the United States prior to the expi- Such spouse, child, son, or daughter may be ration date as a direct result of a specified eligible for deferred action and work author- SEC. 426. EVIDENCE OF DEATH, DISABILITY, OR terrorist activity, the parole is deemed ex- ization. LOSS OF EMPLOYMENT. tended for an additional 90 days. (2) SELF-PETITIONS.—Any spouse, child, or (a) IN GENERAL.—The Attorney General (2) CIRCUMSTANCES PREVENTING RETURN.— unmarried son or daughter of an alien de- shall establish appropriate standards for evi- For purposes of this subsection, cir- scribed in paragraph (3) who is not a bene- dence demonstrating, for purposes of this cumstances preventing an alien from timely ficiary of a petition for classification as a subtitle, that any of the following occurred returning to the United States are— family-sponsored immigrant under section as a direct result of a specified terrorist ac- (A) office closures; 203(a)(2) of the Immigration and Nationality tivity: (B) airline flight cessations or delays; and Act may file a petition for such classifica- (1) Death. (C) other closures, cessations, or delays af- tion with the Attorney General, if the (2) Disability. fecting case processing or travel necessary to spouse, child, son, or daughter was present in (3) Loss of employment due to physical satisfy legal requirements. the United States on September 11, 2001. damage to, or destruction of, a business. (f) VOLUNTARY DEPARTURE.—Notwith- Such spouse, child, son, or daughter may be (b) WAIVER OF REGULATIONS.—The Attor- standing section 240B of the Immigration eligible for deferred action and work author- ney General shall carry out subsection (a) as and Nationality Act (8 U.S.C. 1229c), if a pe- ization. expeditiously as possible. The Attorney Gen- riod for voluntary departure under such sec- (3) ALIENS DESCRIBED.—An alien is de- eral is not required to promulgate regula- tion expired during the period beginning on scribed in this paragraph if the alien— tions prior to implementing this subtitle.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.015 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6751 SEC. 427. NO BENEFITS TO TERRORISTS OR FAM- (3) in subsection (e)(1), by inserting ‘‘, ex- that the name, address, length of service, ILY MEMBERS OF TERRORISTS. cept as personally authorized by the Sec- and toll billing records sought are relevant Notwithstanding any other provision of retary of State if he determines that offer or to an authorized investigation to protect this subtitle, nothing in this subtitle shall be payment of an award of a larger amount is against international terrorism or clandes- construed to provide any benefit or relief necessary to combat terrorism or defend the tine intelligence activities, provided that to— Nation against terrorist acts.’’ after such an investigation of a United States per- (1) any individual culpable for a specified ‘‘$5,000,000’’. son is not conducted solely on the basis of terrorist activity; or SEC. 503. DNA IDENTIFICATION OF TERRORISTS activities protected by the first amendment (2) any family member of any individual AND OTHER VIOLENT OFFENDERS. to the Constitution of the United States; described in paragraph (1). Section 3(d)(2) of the DNA Analysis Back- and’’; and SEC. 428. DEFINITIONS. log Elimination Act of 2000 (42 U.S.C. (3) in paragraph (2)— (a) APPLICATION OF IMMIGRATION AND NA- 14135a(d)(2)) is amended to read as follows: (A) by striking ‘‘in a position not lower TIONALITY ACT PROVISIONS.—Except as other- ‘‘(2) In addition to the offenses described in than Deputy Assistant Director’’; and wise specifically provided in this subtitle, paragraph (1), the following offenses shall be (B) by striking ‘‘made that’’ and all that the definitions used in the Immigration and treated for purposes of this section as quali- follows and inserting the following: ‘‘made Nationality Act (excluding the definitions fying Federal offenses, as determined by the that the information sought is relevant to an applicable exclusively to title III of such Attorney General: authorized investigation to protect against Act) shall apply in the administration of this ‘‘(A) Any offense listed in section international terrorism or clandestine intel- subtitle. 2332b(g)(5)(B) of title 18, United States Code. ligence activities, provided that such an in- (b) SPECIFIED TERRORIST ACTIVITY.—For ‘‘(B) Any crime of violence (as defined in vestigation of a United States person is not purposes of this subtitle, the term ‘‘specified section 16 of title 18, United States Code). conducted solely upon the basis of activities terrorist activity’’ means any terrorist ac- ‘‘(C) Any attempt or conspiracy to commit protected by the first amendment to the tivity conducted against the Government or any of the above offenses.’’. Constitution of the United States.’’. the people of the United States on Sep- SEC. 504. COORDINATION WITH LAW ENFORCE- (b) FINANCIAL RECORDS.—Section tember 11, 2001. MENT. 1114(a)(5)(A) of the Right to Financial Pri- (a) INFORMATION ACQUIRED FROM AN ELEC- vacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is TITLE V—REMOVING OBSTACLES TO amended— INVESTIGATING TERRORISM TRONIC SURVEILLANCE.—Section 106 of the Foreign Intelligence Surveillance Act of 1978 (1) by inserting ‘‘in a position not lower SEC. 501. ATTORNEY GENERAL’S AUTHORITY TO (50 U.S.C. 1806), is amended by adding at the than Deputy Assistant Director at Bureau PAY REWARDS TO COMBAT TER- headquarters or a Special Agent in Charge in RORISM. end the following: ‘‘(k)(1) Federal officers who conduct elec- a Bureau field office designated by the Direc- (a) PAYMENT OF REWARDS TO COMBAT TER- tronic surveillance to acquire foreign intel- tor’’ after ‘‘designee’’; and RORISM.—Funds available to the Attorney ligence information under this title may (2) by striking ‘‘sought’’ and all that fol- General may be used for the payment of re- consult with Federal law enforcement offi- lows and inserting ‘‘sought for foreign wards pursuant to public advertisements for cers to coordinate efforts to investigate or counter intelligence purposes to protect assistance to the Department of Justice to protect against— against international terrorism or clandes- combat terrorism and defend the Nation ‘‘(A) actual or potential attack or other tine intelligence activities, provided that against terrorist acts, in accordance with grave hostile acts of a foreign power or an such an investigation of a United States per- procedures and regulations established or agent of a foreign power; son is not conducted solely upon the basis of issued by the Attorney General. ‘‘(B) sabotage or international terrorism activities protected by the first amendment (b) CONDITIONS.—In making rewards under by a foreign power or an agent of a foreign to the Constitution of the United States.’’. this section— power; or (c) CONSUMER REPORTS.—Section 624 of the (1) no such reward of $250,000 or more may Fair Credit Reporting Act (15 U.S.C. 1681u) is ‘‘(C) clandestine intelligence activities by be made or offered without the personal ap- amended— an intelligence service or network of a for- proval of either the Attorney General or the (1) in subsection (a)— eign power or by an agent of a foreign power. President; ‘‘(2) Coordination authorized under para- (A) by inserting ‘‘in a position not lower (2) the Attorney General shall give written graph (1) shall not preclude the certification than Deputy Assistant Director at Bureau notice to the Chairmen and ranking minor- required by section 104(a)(7)(B) or the entry headquarters or a Special Agent in Charge of ity members of the Committees on Appro- of an order under section 105.’’. a Bureau field office designated by the Direc- priations and the Judiciary of the Senate (b) INFORMATION ACQUIRED FROM A PHYS- tor’’ after ‘‘designee’’ the first place it ap- and of the House of Representatives not later ICAL SEARCH.—Section 305 of the Foreign In- pears; and than 30 days after the approval of a reward telligence Surveillance Act of 1978 (50 U.S.C. (B) by striking ‘‘in writing that’’ and all under paragraph (1); 1825) is amended by adding at the end the fol- that follows through the end and inserting (3) any executive agency or military de- lowing: the following: ‘‘in writing, that such infor- partment (as defined, respectively, in sec- ‘‘(k)(1) Federal officers who conduct phys- mation is sought for the conduct of an au- tions 105 and 102 of title 5, United States ical searches to acquire foreign intelligence thorized investigation to protect against Code) may provide the Attorney General information under this title may consult international terrorism or clandestine intel- with funds for the payment of rewards; with Federal law enforcement officers to co- ligence activities, provided that such an in- (4) neither the failure of the Attorney Gen- ordinate efforts to investigate or protect vestigation of a United States person is not eral to authorize a payment nor the amount against— conducted solely upon the basis of activities authorized shall be subject to judicial re- ‘‘(A) actual or potential attack or other protected by the first amendment to the view; and grave hostile acts of a foreign power or an Constitution of the United States.’’; (5) no such reward shall be subject to any agent of a foreign power; (2) in subsection (b)— per- or aggregate reward spending limitation ‘‘(B) sabotage or international terrorism (A) by inserting ‘‘in a position not lower established by law, unless that law expressly by a foreign power or an agent of a foreign than Deputy Assistant Director at Bureau refers to this section, and no reward paid power; or headquarters or a Special Agent in Charge of pursuant to any such offer shall count to- ‘‘(C) clandestine intelligence activities by a Bureau field office designated by the Direc- ward any such aggregate reward spending an intelligence service or network of a for- tor’’ after ‘‘designee’’ the first place it ap- limitation. eign power or by an agent of a foreign power. pears; and SEC. 502. SECRETARY OF STATE’S AUTHORITY TO ‘‘(2) Coordination authorized under para- (B) by striking ‘‘in writing that’’ and all PAY REWARDS. graph (1) shall not preclude the certification that follows through the end and inserting Section 36 of the State Department Basic required by section 303(a)(7) or the entry of the following: ‘‘in writing that such informa- Authorities Act of 1956 (Public Law 885, Au- an order under section 304.’’. tion is sought for the conduct of an author- gust 1, 1956; 22 U.S.C. 2708) is amended— SEC. 505. MISCELLANEOUS NATIONAL SECURITY ized investigation to protect against inter- (1) in subsection (b)— AUTHORITIES. national terrorism or clandestine intel- (A) in paragraph (4), by striking ‘‘or’’ at (a) TELEPHONE TOLL AND TRANSACTIONAL ligence activities, provided that such an in- the end; RECORDS.—Section 2709(b) of title 18, United vestigation of a United States person is not (B) in paragraph (5), by striking the period States Code, is amended— conducted solely upon the basis of activities at the end and inserting ‘‘, including by dis- (1) in the matter preceding paragraph (1), protected by the first amendment to the mantling an organization in whole or signifi- by inserting ‘‘at Bureau headquarters or a Constitution of the United States.’’; and cant part; or’’; and Special Agent in Charge in a Bureau field of- (3) in subsection (c)— (C) by adding at the end the following: fice designated by the Director’’ after ‘‘As- (A) by inserting ‘‘in a position not lower ‘‘(6) the identification or location of an in- sistant Director’’; than Deputy Assistant Director at Bureau dividual who holds a key leadership position (2) in paragraph (1)— headquarters or a Special Agent in Charge in in a terrorist organization.’’; (A) by striking ‘‘in a position not lower a Bureau field office designated by the Direc- (2) in subsection (d), by striking para- than Deputy Assistant Director’’; and tor’’ after ‘‘designee of the Director’’; and graphs (2) and (3) and redesignating para- (B) by striking ‘‘made that’’ and all that (B) by striking ‘‘in camera that’’ and all graph (4) as paragraph (2); and follows and inserting the following: ‘‘made that follows through ‘‘States.’’ and inserting

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.015 pfrm01 PsN: H12PT1 H6752 CONGRESSIONAL RECORD — HOUSE October 12, 2001 the following: ‘‘in camera that the consumer ‘‘(B) The court shall issue an order de- cy was killed or suffered a catastrophic in- report is sought for the conduct of an au- scribed in paragraph (1) if the court finds jury producing permanent and total dis- thorized investigation to protect against that the application for the order includes ability as a direct and proximate result of a international terrorism or clandestine intel- the certification described in subparagraph personal injury sustained in the line of duty ligence activities, provided that such an in- (A). as described in section 1201 of such Act in vestigation of a United States person is not ‘‘(3) PROTECTION OF EDUCATIONAL AGENCY OR connection with prevention, investigation, conducted solely upon the basis of activities INSTITUTION.—An educational agency or in- rescue, or recovery efforts related to a ter- protected by the first amendment to the stitution that, in good faith, produces edu- rorist attack, the Director of the Bureau of Constitution of the United States.’’. cation records in accordance with an order Justice Assistance shall authorize payment SEC. 506. EXTENSION OF SECRET SERVICE JURIS- issued under this subsection shall not be lia- to qualified beneficiaries, said payment to be DICTION. ble to any person for that production. made not later than 30 days after receipt of (a) CONCURRENT JURISDICTION UNDER 18 ‘‘(4) RECORD-KEEPING.—Subsection (b)(4) such certification, benefits described under U.S.C. 1030.—Section 1030(d) of title 18, does not apply to education records subject subpart 1 of part L of such Act (42 U.S.C. 3796 United States Code, is amended to read as to a court order under this subsection.’’. et seq.). follows: SEC. 508. DISCLOSURE OF INFORMATION FROM (b) DEFINITIONS.—For purposes of this sec- ‘‘(d)(1) The United States Secret Service NCES SURVEYS. tion, the terms ‘‘catastrophic injury’’, ‘‘pub- shall, in addition to any other agency having Section 408 of the National Education Sta- lic agency’’, and ‘‘public safety officer’’ have such authority, have the authority to inves- tistics Act of 1994 (20 U.S.C. 9007), is amended the same meanings given such terms in sec- tigate offenses under this section. by adding after subsection (b) a new sub- tion 1204 of title I of the Omnibus Crime Con- ‘‘(2) The Federal Bureau of Investigation section (c) to read as follows: trol and Safe Streets Act of 1968 (42 U.S.C. shall have primary authority to investigate ‘‘(c) INVESTIGATION AND PROSECUTION OF 3796b). offenses under subsection (a)(1) for any cases TERRORISM.— SEC. 612. TECHNICAL CORRECTION WITH RE- involving espionage, foreign counterintel- ‘‘(1) IN GENERAL.—Notwithstanding sub- SPECT TO EXPEDITED PAYMENTS ligence, information protected against unau- sections (a) and (b), the Attorney General (or FOR HEROIC PUBLIC SAFETY OFFI- thorized disclosure for reasons of national any Federal officer or employee, in a posi- CERS. defense or foreign relations, or Restricted tion not lower than an Assistant Attorney Section 1 of Public Law 107-37 (an Act to Data (as that term is defined in section 11y General, designated by the Attorney Gen- provide for the expedited payment of certain of the Atomic Energy Act of 1954 (42 U.S.C. eral) may submit a written application to a benefits for a public safety officer who was 2014(y)), except for offenses affecting the du- court of competent jurisdiction for an ex killed or suffered a catastrophic injury as a ties of the United States Secret Service pur- parte order requiring the Secretary to per- direct and proximate result of a personal in- suant to section 3056(a) of this title. mit the Attorney General (or his designee) jury sustained in the line of duty in connec- ‘‘(3) Such authority shall be exercised in to— tion with the terrorist attacks of September accordance with an agreement which shall be ‘‘(A) collect reports, records, and informa- 11, 2001) is amended by— entered into by the Secretary of the Treas- tion (including individually identifiable in- (1) inserting before ‘‘by a’’ the following: ury and the Attorney General.’’. formation) in the possession of the center ‘‘(containing identification of all eligible (b) REAUTHORIZATION OF JURISDICTION that are relevant to an authorized investiga- payees of benefits pursuant to section 1201)’’; UNDER 18 U.S.C. 1344.—Section 3056(b)(3) of tion or prosecution of an offense listed in (2) inserting ‘‘producing permanent and title 18, United States Code, is amended by total disability’’ after ‘‘suffered a cata- striking ‘‘credit and debit card frauds, and section 2332b(g)(5)(B) of title 18, United States Code, or an act of domestic or inter- strophic injury’’; and false identification documents or devices’’ (3) striking ‘‘1201(a)’’ and inserting ‘‘1201’’. and inserting ‘‘access device frauds, false national terrorism as defined in section 2331 of that title; and SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT identification documents or devices, and any PROGRAM PAYMENT INCREASE. fraud or other criminal or unlawful activity ‘‘(B) for official purposes related to the in- vestigation or prosecution of an offense de- (a) PAYMENTS.—Section 1201(a) of the Om- in or against any federally insured financial nibus Crime Control and Safe Streets Act of institution’’. scribed in paragraph (1)(A), retain, dissemi- nate, and use (including as evidence at trial 1968 (42 U.S.C. 3796) is amended by striking SEC. 507. DISCLOSURE OF EDUCATIONAL ‘‘$100,000’’ and inserting ‘‘$250,000’’. RECORDS. or in other administrative or judicial pro- ceedings) such information, consistent with (b) APPLICABILITY.—The amendment made Section 444 of the General Education Pro- by subsection (a) shall apply to any death or visions Act (20 U.S.C. 1232g), is amended by such guidelines as the Attorney General, after consultation with the Secretary, shall disability occurring on or after January 1, adding after subsection (i) a new subsection 2001. (j) to read as follows: issue to protect confidentiality. SEC. 614. OFFICE OF JUSTICE PROGRAMS. ‘‘(j) INVESTIGATION AND PROSECUTION OF ‘‘(2) APPLICATION AND APPROVAL.— Section 112 of title I of section 101(b) of di- TERRORISM.— ‘‘(A) IN GENERAL.—An application under vision A of Public Law 105–277 and section ‘‘(1) IN GENERAL.—Notwithstanding sub- paragraph (1) shall certify that there are spe- sections (a) through (i) or any provision of cific and articulable facts giving reason to 108(a) of appendix A of Public Law 106–113 State law, the Attorney General (or any Fed- believe that the information sought is de- (113 Stat. 1501A–20) are amended— eral officer or employee, in a position not scribed in paragraph (1)(A). (1) after ‘‘that Office’’, each place it occurs, lower than an Assistant Attorney General, ‘‘(B) The court shall issue an order de- by inserting ‘‘(including, notwithstanding designated by the Attorney General) may scribed in paragraph (1) if the court finds any contrary provision of law (unless the submit a written application to a court of that the application for the order includes same should expressly refer to this section), competent jurisdiction for an ex parte order the certification described in subparagraph any organization that administers any pro- requiring an educational agency or institu- (A). gram established in title 1 of Public Law 90– tion to permit the Attorney General (or his ‘‘(3) PROTECTION.—An officer or employee 351)’’; and designee) to— of the Department who, in good faith, pro- (2) by inserting ‘‘functions, including any’’ ‘‘(A) collect education records in the pos- duces information in accordance with an after ‘‘all’’. session of the educational agency or institu- order issued under this subsection does not Subtitle B—Amendments to the Victims of tion that are relevant to an authorized in- violate subsection (b)(2) and shall not be lia- Crime Act of 1984 vestigation or prosecution of an offense list- ble to any person for that production.’’. SEC. 621. CRIME VICTIMS FUND. ed in section 2332b(g)(5)(B) of title 18 United TITLE VI—PROVIDING FOR VICTIMS OF (a) DEPOSIT OF GIFTS IN THE FUND.—Section States Code, or an act of domestic or inter- TERRORISM, PUBLIC SAFETY OFFICERS, 1402(b) of the Victims of Crime Act of 1984 (42 national terrorism as defined in section 2331 AND THEIR FAMILIES U.S.C. 10601(b)) is amended— of that title; and Subtitle A—Aid to Families of Public Safety (1) in paragraph (3), by striking ‘‘and’’ at ‘‘(B) for official purposes related to the in- Officers the end; vestigation or prosecution of an offense de- SEC. 611. EXPEDITED PAYMENT FOR PUBLIC (2) in paragraph (4), by striking the period scribed in paragraph (1)(A), retain, dissemi- SAFETY OFFICERS INVOLVED IN THE at the end and inserting ‘‘; and’’; and nate, and use (including as evidence at trial PREVENTION, INVESTIGATION, RES- (3) by adding at the end the following: or in other administrative or judicial pro- CUE, OR RECOVERY EFFORTS RE- ‘‘(5) any gifts, bequests, or donations to the ceedings) such records, consistent with such LATED TO A TERRORIST ATTACK. Fund from private entities or individuals.’’. guidelines as the Attorney General, after (a) IN GENERAL.—Notwithstanding the lim- (b) FORMULA FOR FUND DISTRIBUTIONS.— consultation with the Secretary, shall issue itations of subsection (b) of section 1201 or Section 1402(c) of the Victims of Crime Act to protect confidentiality. the provisions of subsections (c), (d), and (e) of 1984 (42 U.S.C. 10601(c)) is amended to read ‘‘(2) APPLICATION AND APPROVAL.— of such section or section 1202 of title I of the as follows: ‘‘(A) IN GENERAL.—An application under Omnibus Crime Control and Safe Streets Act ‘‘(c) FUND DISTRIBUTION; RETENTION OF paragraph (1) shall certify that there are spe- of 1968 (42 U.S.C. 3796, 3796a), upon certifi- SUMS IN FUND; AVAILABILITY FOR EXPENDI- cific and articulable facts giving reason to cation (containing identification of all eligi- TURE WITHOUT FISCAL YEAR LIMITATION.— believe that the education records are likely ble payees of benefits pursuant to section ‘‘(1) Subject to the availability of money in to contain information described in para- 1201 of such Act) by a public agency that a the Fund, in each fiscal year, beginning with graph (1)(A). public safety officer employed by such agen- fiscal year 2003, the Director shall distribute

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not less than 90 percent nor more than 110 SEC. 622. CRIME VICTIM COMPENSATION. (b) PROHIBITION ON DISCRIMINATION AGAINST percent of the amount distributed from the (a) ALLOCATION OF FUNDS FOR COMPENSA- CERTAIN VICTIMS.—Section 1404(b)(1) of the Fund in the previous fiscal year, except the TION AND ASSISTANCE.—Paragraphs (1) and (2) Victims of Crime Act of 1984 (42 U.S.C. Director may distribute up to 120 percent of of section 1403(a) of the Victims of Crime Act 10603(b)(1)) is amended— the amount distributed in the previous fiscal of 1984 (42 U.S.C. 10602(a)) are amended by in- (1) in subparagraph (D), by striking ‘‘and’’ year in any fiscal year that the total amount serting ‘‘in fiscal year 2002 and of 60 percent at the end; available in the Fund is more than 2 times in subsequent fiscal years’’ after ‘‘40 per- (2) in subparagraph (E), by striking the pe- the amount distributed in the previous fiscal cent’’. riod at the end and inserting ‘‘; and’’; and year. (b) LOCATION OF COMPENSABLE CRIME.—Sec- (3) by adding at the end the following: ‘‘(2) In each fiscal year, the Director shall tion 1403(b)(6)(B) of the Victims of Crime Act ‘‘(F) does not discriminate against victims distribute amounts from the Fund in accord- of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by because they disagree with the way the ance with subsection (d). All sums not dis- striking ‘‘are outside the United States (if State is prosecuting the criminal case.’’. the compensable crime is terrorism, as de- tributed during a fiscal year shall remain in (c) GRANTS FOR PROGRAM EVALUATION AND fined in section 2331 of title 18), or’’. reserve in the Fund to be distributed during COMPLIANCE EFFORTS.—Section 1404(c)(1)(A) (c) RELATIONSHIP OF CRIME VICTIM COM- a subsequent fiscal year. Notwithstanding of the Victims of Crime Act of 1984 (42 U.S.C. PENSATION TO MEANS-TESTED FEDERAL BEN- any other provision of law, all sums depos- 10603(c)(1)(A)) is amended by inserting ‘‘, pro- EFIT PROGRAMS.—Section 1403 of the Victims ited in the Fund that are not distributed of Crime Act of 1984 (42 U.S.C. 10602) is gram evaluation, compliance efforts,’’ after shall remain in reserve in the Fund for obli- amended by striking subsection (c) and in- ‘‘demonstration projects’’. gation in future fiscal years, without fiscal serting the following: (d) ALLOCATION OF DISCRETIONARY year limitation.’’. ‘‘(c) EXCLUSION FROM INCOME, RESOURCES, GRANTS.—Section 1404(c)(2) of the Victims of (c) ALLOCATION OF FUNDS FOR COSTS AND AND ASSETS FOR PURPOSES OF MEANS Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is GRANTS.—Section 1402(d)(4) of the Victims of TESTS.—Notwithstanding any other law amended— Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is (other than title IV of Public Law 107–42), for (1) in subparagraph (A), by striking ‘‘not amended— the purpose of any maximum allowed in- more than’’ and inserting ‘‘not less than’’; (1) by striking ‘‘deposited in’’ and inserting come, resource, or asset eligibility require- and ‘‘to be distributed from’’; ment in any Federal, State, or local govern- (2) in subparagraph (B), by striking ‘‘not (2) in subparagraph (A), by striking ‘‘48.5’’ ment program using Federal funds that pro- less than’’ and inserting ‘‘not more than’’. and inserting ‘‘47.5’’; vides medical or other assistance (or pay- (e) FELLOWSHIPS AND CLINICAL INTERN- (3) in subparagraph (B), by striking ‘‘48.5’’ ment or reimbursement of the cost of such SHIPS.—Section 1404(c)(3) of the Victims of and inserting ‘‘47.5’’; and assistance), any amount of crime victim Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is (4) in subparagraph (C), by striking ‘‘3’’ and compensation that the applicant receives amended— inserting ‘‘5’’. through a crime victim compensation pro- (1) in subparagraph (C), by striking ‘‘and’’ (d) ANTITERRORISM EMERGENCY RESERVE.— gram under this section shall not be included at the end; Section 1402(d)(5) of the Victims of Crime in the income, resources, or assets of the ap- (2) in subparagraph (D), by striking the pe- Act of 1984 (42 U.S.C. 10601(d)(5)) is amended plicant, nor shall that amount reduce the riod at the end and inserting ‘‘; and’’; and to read as follows: amount of the assistance available to the ap- (3) by adding at the end the following: ‘‘(5)(A) In addition to the amounts distrib- plicant from Federal, State, or local govern- ‘‘(E) use funds made available to the Direc- uted under paragraphs (2), (3), and (4), the Di- ment programs using Federal funds, unless tor under this subsection— rector may set aside up to $50,000,000 from the total amount of assistance that the ap- ‘‘(i) for fellowships and clinical intern- the amounts transferred to the Fund for use plicant receives from all such programs is ships; and in responding to the airplane hijackings and sufficient to fully compensate the applicant ‘‘(ii) to carry out programs of training and terrorist acts that occurred on September 11, for losses suffered as a result of the crime.’’. special workshops for the presentation and 2001, as an antiterrorism emergency reserve. (d) DEFINITIONS OF ‘‘COMPENSABLE CRIME’’ dissemination of information resulting from The Director may replenish any amounts ex- AND ‘‘STATE’’.—Section 1403(d) of the Victims demonstrations, surveys, and special pended from such reserve in subsequent fis- of Crime Act of 1984 (42 U.S.C. 10602(d)) is projects.’’. cal years by setting aside up to 5 percent of amended— SEC. 624. VICTIMS OF TERRORISM. the amounts remaining in the Fund in any (1) in paragraph (3), by striking ‘‘crimes in- fiscal year after distributing amounts under volving terrorism,’’; and (a) COMPENSATION AND ASSISTANCE TO VIC- paragraphs (2), (3) and (4). Such reserve shall (2) in paragraph (4), by inserting ‘‘the TIMS OF DOMESTIC TERRORISM.—Section not exceed $50,000,000. United States Virgin Islands,’’ after ‘‘the 1404B(b) of the Victims of Crime Act of 1984 ‘‘(B) The antiterrorism emergency reserve Commonwealth of Puerto Rico,’’. (42 U.S.C. 10603b(b)) is amended to read as referred to in subparagraph (A) may be used (e) RELATIONSHIP OF ELIGIBLE CRIME VICTIM follows: for supplemental grants under section 1404B COMPENSATION PROGRAMS TO THE SEPTEMBER ‘‘(b) VICTIMS OF TERRORISM WITHIN THE and to provide compensation to victims of 11TH VICTIM COMPENSATION FUND.— UNITED STATES.—The Director may make international terrorism under section 1404C. (1) IN GENERAL.—Section 1403(e) of the Vic- supplemental grants as provided in section ‘‘(C) Amounts in the antiterrorism emer- tims of Crime Act of 1984 (42 U.S.C. 10602(e)) 1402(d)(5) to States for eligible crime victim gency reserve established pursuant to sub- is amended by inserting ‘‘including the pro- compensation and assistance programs, and paragraph (A) may be carried over from fis- gram established under title IV of Public to victim service organizations, public agen- cal year to fiscal year. Notwithstanding sub- Law 107–42,’’ after ‘‘Federal program,’’. cies (including Federal, State, or local gov- section (c) and section 619 of the Depart- (2) COMPENSATION.—With respect to any ernments) and nongovernmental organiza- ments of Commerce, Justice, and State, the compensation payable under title IV of Pub- tions that provide assistance to victims of Judiciary, and Related Agencies Appropria- lic Law 107–42, the failure of a crime victim crime, which shall be used to provide emer- tions Act, 2001 (and any similar limitation compensation program, after the effective gency relief, including crisis response ef- on Fund obligations in any future Act, un- date of final regulations issued pursuant to forts, assistance, compensation, training and less the same should expressly refer to this section 407 of Public Law 107–42, to provide technical assistance, and ongoing assistance, section), any such amounts carried over compensation otherwise required pursuant including during any investigation or pros- shall not be subject to any limitation on ob- to section 1403 of the Victims of Crime Act of ecution, to victims of terrorist acts or mass ligations from amounts deposited to or 1984 (42 U.S.C. 10602) shall not render that violence occurring within the United available in the Fund.’’. program ineligible for future grants under States.’’. (e) VICTIMS OF SEPTEMBER 11, 2001.— the Victims of Crime Act of 1984. (b) ASSISTANCE TO VICTIMS OF INTER- Amounts transferred to the Crime Victims SEC. 623. CRIME VICTIM ASSISTANCE. NATIONAL TERRORISM.—Section 1404B(a)(1) of Fund for use in responding to the airplane (a) ASSISTANCE FOR VICTIMS IN THE DIS- the Victims of Crime Act of 1984 (42 U.S.C. hijackings and terrorist acts (including any TRICT OF COLUMBIA, PUERTO RICO, AND OTHER 10603b(a)(1)) is amended by striking ‘‘who are related search, rescue, relief, assistance, or TERRITORIES AND POSSESSIONS.—Section not persons eligible for compensation under other similar activities) that occurred on 1404(a) of the Victims of Crime Act of 1984 (42 title VIII of the Omnibus Diplomatic Secu- September 11, 2001, shall not be subject to U.S.C. 10603(a)) is amended by adding at the rity and Antiterrorism Act of 1986’’. any limitation on obligations from amounts end the following: (c) COMPENSATION TO VICTIMS OF INTER- deposited to or available in the Fund, not- ‘‘(6) An agency of the Federal Government NATIONAL TERRORISM.—Section 1404C(b) of withstanding— performing local law enforcement functions the Victims of Crime of 1984 (42 U.S.C. (1) section 619 of the Departments of Com- in and on behalf of the District of Columbia, 10603c(b)) is amended by adding at the end merce, Justice, and State, the Judiciary, and the Commonwealth of Puerto Rico, the the following: ‘‘The amount of compensation Related Agencies Appropriations Act, 2001, United States Virgin Islands, or any other awarded to a victim under this subsection and any similar limitation on Fund obliga- territory or possession of the United States shall be reduced by any amount that the vic- tions in such Act for Fiscal Year 2002; and may qualify as an eligible crime victim as- tim received in connection with the same act (2) subsections (c) and (d) of section 1402 of sistance program for the purpose of grants of international terrorism under title VIII of the Victims of Crime Act of 1984 (42 U.S.C. under this subsection, or for the purpose of the Omnibus Diplomatic Security and 10601). grants under subsection (c)(1).’’. Antiterrorism Act of 1986.’’.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.015 pfrm01 PsN: H12PT1 H6754 CONGRESSIONAL RECORD — HOUSE October 12, 2001 TITLE VII—INCREASED INFORMATION ‘‘(6) commits an act, including the use of a ‘‘(B) appear to be intended— SHARING FOR CRITICAL INFRASTRUC- dangerous weapon, with the intent to cause ‘‘(i) to intimidate or coerce a civilian popu- TURE PROTECTION death or serious bodily injury to an em- lation; SEC. 711. EXPANSION OF REGIONAL INFORMA- ployee or passenger of a mass transportation ‘‘(ii) to influence the policy of a govern- TION SHARING SYSTEM TO FACILI- provider or any other person while any of the ment by intimidation or coercion; or TATE FEDERAL-STATE-LOCAL LAW foregoing are on the property of a mass ‘‘(iii) to affect the conduct of a government ENFORCEMENT RESPONSE RELATED transportation provider; by mass destruction, assassination, or kid- TO TERRORIST ATTACKS. ‘‘(7) conveys or causes to be conveyed false napping; and Section 1301 of title I of the Omnibus information, knowing the information to be ‘‘(C) occur primarily within the territorial Crime Control and Safe Streets Act of 1968 false, concerning an attempt or alleged at- jurisdiction of the United States.’’. (42 U.S.C. 3796h) is amended— tempt being made or to be made, to do any (b) CONFORMING AMENDMENT.—Section (1) in subsection (a), by inserting ‘‘and ter- act which would be a crime prohibited by 3077(1) of title 18, United States Code, is rorist conspiracies and activities’’ after ‘‘ac- this subsection; or amended to read as follows: tivities’’; ‘‘(8) attempts, threatens, or conspires to do ‘‘(1) ‘act of terrorism’ means an act of do- (2) in subsection (b)— any of the aforesaid acts, mestic or international terrorism as defined (A) in paragraph (3), by striking ‘‘and’’ shall be fined under this title or imprisoned in section 2331;’’. after the semicolon; not more than twenty years, or both, if such (B) by redesignating paragraph (4) as para- SEC. 803. PROHIBITION AGAINST HARBORING act is committed, or in the case of a threat graph (5); TERRORISTS. or conspiracy such act would be committed, (C) by inserting after paragraph (3) the fol- (a) IN GENERAL.—Chapter 113B of title 18, on, against, or affecting a mass transpor- lowing: United States Code, is amended by adding tation provider engaged in or affecting inter- after section 2338 the following new section: ‘‘(4) establishing and operating secure in- state or foreign commerce, or if in the course ‘‘§ 2339. Harboring or concealing terrorists formation sharing systems to enhance the of committing such act, that person travels investigation and prosecution abilities of or communicates across a State line in order ‘‘(a) Whoever harbors or conceals any per- participating enforcement agencies in ad- to commit such act, or transports materials son who he knows, or has reasonable grounds dressing multi-jurisdictional terrorist con- across a State line in aid of the commission to believe, has committed, or is about to spiracies and activities; and (5)’’; and of such act. commit, an offense under section 32 (relating (3) by inserting at the end the following: ‘‘(b) AGGRAVATED OFFENSE.—Whoever com- to destruction of aircraft or aircraft facili- ‘‘(d) AUTHORIZATION OF APPROPRIATION TO mits an offense under subsection (a) in a cir- ties), section 175 (relating to biological weap- THE BUREAU OF JUSTICE ASSISTANCE.—There cumstance in which— ons), section 229 (relating to chemical weap- are authorized to be appropriated to the Bu- ‘‘(1) the mass transportation vehicle or ons), section 831 (relating to nuclear mate- reau of Justice Assistance to carry out this ferry was carrying a passenger at the time of rials), paragraph (2) or (3) of section 844(f) section $50,000,000 for fiscal year 2002 and the offense; or (relating to arson and bombing of govern- $100,000,000 for fiscal year 2003.’’. ‘‘(2) the offense has resulted in the death of ment property risking or causing injury or TITLE VIII—STRENGTHENING THE any person, death), section 1366(a) (relating to the de- CRIMINAL LAWS AGAINST TERRORISM shall be guilty of an aggravated form of the struction of an energy facility), section 2280 SEC. 801. TERRORIST ATTACKS AND OTHER ACTS offense and shall be fined under this title or (relating to violence against maritime navi- OF VIOLENCE AGAINST MASS TRANS- imprisoned for a term of years or for life, or gation), section 2332a (relating to weapons of PORTATION SYSTEMS. both. mass destruction), or section 2332b (relating Chapter 97 of title 18, United States Code, ‘‘(c) DEFINITIONS.—In this section— to acts of terrorism transcending national is amended by adding at the end the fol- ‘‘(1) the term ‘biological agent’ has the boundaries) of this title, section 236(a) (relat- lowing: meaning given to that term in section 178(1) ing to sabotage of nuclear facilities or fuel) ‘‘§ 1993. Terrorist attacks and other acts of vi- of this title; of the Atomic Energy Act of 1954 (42 U.S.C. olence against mass transportation systems ‘‘(2) the term ‘dangerous weapon’ has the 2284(a)), or section 46502 (relating to aircraft ‘‘(a) GENERAL PROHIBITIONS.—Whoever will- meaning given to that term in section 930 of piracy) of title 49, shall be fined under this fully— this title; title or imprisoned not more than ten years, ‘‘(1) wrecks, derails, sets fire to, or disables ‘‘(3) the term ‘destructive device’ has the or both.’’. a mass transportation vehicle or ferry; meaning given to that term in section ‘‘(b) A violation of this section may be ‘‘(2) places or causes to be placed any bio- 921(a)(4) of this title; prosecuted in any Federal judicial district in logical agent or toxin for use as a weapon, ‘‘(4) the term ‘destructive substance’ has which the underlying offense was committed, destructive substance, or destructive device the meaning given to that term in section 31 or in any other Federal judicial district as in, upon, or near a mass transportation vehi- of this title; provided by law.’’. cle or ferry, without previously obtaining ‘‘(5) the term ‘mass transportation’ has the (b) TECHNICAL AMENDMENT.—The chapter the permission of the mass transportation meaning given to that term in section analysis for chapter 113B of title 18, United provider, and with intent to endanger the 5302(a)(7) of title 49, United States Code, ex- States Code, is amended by inserting after safety of any passenger or employee of the cept that the term shall include schoolbus, the item for section 2338 the following: mass transportation provider, or with a charter, and sightseeing transportation; ‘‘2339. Harboring or concealing terrorists.’’. reckless disregard for the safety of human ‘‘(6) the term ‘serious bodily injury’ has life; the meaning given to that term in section SEC. 804. JURISDICTION OVER CRIMES COM- MITTED AT U.S. FACILITIES ABROAD. ‘‘(3) sets fire to, or places any biological 1365 of this title; Section 7 of title 18, United States Code, is agent or toxin for use as a weapon, destruc- ‘‘(7) the term ‘State’ has the meaning amended by adding at the end the following: tive substance, or destructive device in, given to that term in section 2266 of this ‘‘(9) With respect to offenses committed by upon, or near any garage, terminal, struc- title; and or against a United States national, as de- ture, supply, or facility used in the operation ‘‘(8) the term ‘toxin’ has the meaning given fined in section 1203(c) of this title— of, or in support of the operation of, a mass to that term in section 178(2) of this title.’’. ‘‘(A) the premises of United States diplo- transportation vehicle or ferry, without pre- (f) CONFORMING AMENDMENT.—The analysis matic, consular, military or other United viously obtaining the permission of the mass of chapter 97 of title 18, United States Code, States Government missions or entities in transportation provider, and knowing or is amended by adding at the end: foreign States, including the buildings, parts having reason to know such activity would ‘‘1993. Terrorist attacks and other acts of vi- of buildings, and land appurtenant or ancil- likely derail, disable, or wreck a mass trans- olence against mass transpor- lary thereto or used for purposes of those portation vehicle or ferry used, operated, or tation systems.’’. missions or entities, irrespective of owner- employed by the mass transportation pro- SEC. 802. DEFINITION OF DOMESTIC TERRORISM. ship; and vider; (a) DOMESTIC TERRORISM DEFINED.—Section ‘‘(B) residences in foreign States and the ‘‘(4) removes appurtenances from, dam- 2331 of title 18, United States Code, is amend- land appurtenant or ancillary thereto, irre- ages, or otherwise impairs the operation of a ed— spective of ownership, used for purposes of mass transportation signal system, including (1) in paragraph (1)(B)(iii), by striking ‘‘by those missions or entities or used by United a train control system, centralized dis- assassination or kidnapping’’ and inserting States personnel assigned to those missions patching system, or rail grade crossing warn- ‘‘by mass destruction, assassination, or kid- or entities. ing signal; napping’’; ‘‘(5) interferes with, disables, or incapaci- (2) in paragraph (3), by striking ‘‘and’’; Nothing in this paragraph shall be deemed to tates any dispatcher, driver, captain, or per- (3) in paragraph (4), by striking the period supersede any treaty or international agree- son while they are employed in dispatching, at the end and inserting ‘‘; and’’; and ment with which this paragraph conflicts. operating, or maintaining a mass transpor- (4) by adding at the end the following: This paragraph does not apply with respect tation vehicle or ferry, with intent to endan- ‘‘(5) the term ‘domestic terrorism’ means to an offense committed by a person de- ger the safety of any passenger or employee activities that— scribed in section 3261(a) of this title.’’. of the mass transportation provider, or with ‘‘(A) involve acts dangerous to human life SEC. 805. MATERIAL SUPPORT FOR TERRORISM. a reckless disregard for the safety of human that are a violation of the criminal laws of (a) IN GENERAL.—Section 2339A of title 18, life; the United States or of any State; United States Code, is amended—

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.016 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6755 (1) in subsection (a)— or causing death), 844(i) (relating to arson of any offense committed before, on, or after (A) by striking ‘‘, within the United and bombing of property used in interstate the date of enactment of this section. States,’’; commerce), 930(c) (relating to killing or at- SEC. 810. ALTERNATE MAXIMUM PENALTIES FOR (B) by inserting ‘‘229,’’ after ‘‘175,’’; tempted killing during an attack on a Fed- TERRORISM OFFENSES. (C) by inserting ‘‘1993,’’ after ‘‘1992,’’; eral facility with a dangerous weapon), (a) ARSON.—Section 81 of title 18, United (D) by inserting ‘‘, section 236 of the Atom- 956(a)(1) (relating to conspiracy to murder, States Code, is amended in the second undes- ic Energy Act of 1954 (42 U.S.C. 2284),’’ after kidnap, or maim persons abroad), 1030(a)(1) ignated paragraph by striking ‘‘not more ‘‘of this title’’; (relating to protection of computers), than twenty years’’ and inserting ‘‘for any (E) by inserting ‘‘or 60123(b)’’ after ‘‘46502’’; 1030(a)(5)(A)(i) resulting in damage as defined term of years or for life’’. and in 1030(a)(5)(B)(ii) through (v) (relating to (b) DESTRUCTION OF AN ENERGY FACILITY.— (F) by inserting at the end the following: protection of computers), 1114 (relating to Section 1366 of title 18, United States Code, ‘‘A violation of this section may be pros- killing or attempted killing of officers and is amended— ecuted in any Federal judicial district in employees of the United States), 1116 (relat- (1) in subsection (a), by striking ‘‘ten’’ and which the underlying offense was committed, ing to murder or manslaughter of foreign of- inserting ‘‘20’’; and or in any other Federal judicial district as ficials, official guests, or internationally (2) by adding at the end the following: provided by law.’’; and protected persons), 1203 (relating to hostage ‘‘(d) Whoever is convicted of a violation of (2) in subsection (b)— taking), 1362 (relating to destruction of com- subsection (a) or (b) that has resulted in the (A) by striking ‘‘or other financial securi- munication lines, stations, or systems), 1363 death of any person shall be subject to im- ties’’ and inserting ‘‘or monetary instru- (relating to injury to buildings or property prisonment for any term of years or life.’’. ments or financial securities’’; and within special maritime and territorial juris- (c) MATERIAL SUPPORT TO TERRORISTS.— (B) by inserting ‘‘expert advice or assist- diction of the United States), 1366(a) (relat- Section 2339A(a) of title 18, United States ance,’’ after ‘‘training,’’. ing to destruction of an energy facility), 1751 Code, is amended— (b) TECHNICAL AMENDMENT.—Section (a) through (d) (relating to Presidential and (1) by striking ‘‘10’’ and inserting ‘‘15’’; and 1956(c)(7)(D) of title 18, United States Code, is Presidential staff assassination and kid- (2) by striking the period and inserting ‘‘, amended by inserting ‘‘or 2339B’’ after naping), 1992 (relating to wrecking trains), and, if the death of any person results, shall ‘‘2339A’’. 1993 (relating to terrorist attacks and other be imprisoned for any term of years or for life.’’. SEC. 806. ASSETS OF TERRORIST ORGANIZA- acts of violence against mass transportation ATERIAL UPPORT TO ESIGNATED OR TIONS. systems), 2155 (relating to destruction of na- (d) M S D F - EIGN TERRORIST ORGANIZATIONS.—Section Section 981(a)(1) of title 18, United States tional defense materials, premises, or utili- 2339B(a)(1) of title 18, United States Code, is Code, is amended by inserting at the end the ties), 2280 (relating to violence against mari- amended— following: time navigation), 2281 (relating to violence (1) by striking ‘‘10’’ and inserting ‘‘15’’; and ‘‘(G) All assets, foreign or domestic— against maritime fixed platforms), 2332 (re- (2) by striking the period after ‘‘or both’’ ‘‘(i) of any individual, entity, or organiza- lating to certain homicides and other vio- and inserting ‘‘, and, if the death of any per- tion engaged in planning or perpetrating any lence against United States nationals occur- son results, shall be imprisoned for any term act of domestic or international terrorism ring outside of the United States), 2332a (re- of years or for life.’’. (as defined in section 2331) against the lating to use of weapons of mass destruc- (e) DESTRUCTION OF NATIONAL-DEFENSE MA- United States, citizens or residents of the tion), 2332b (relating to acts of terrorism TERIALS.—Section 2155(a) of title 18, United United States, or their property, and all as- transcending national boundaries), 2339 (re- States Code, is amended— sets, foreign or domestic, affording any per- lating to harboring terrorists), 2339A (relat- (1) by striking ‘‘ten’’ and inserting ‘‘20’’; son a source of influence over any such enti- ing to providing material support to terror- and ty or organization; ists), 2339B (relating to providing material (2) by striking the period at the end and in- ‘‘(ii) acquired or maintained by any person support to terrorist organizations), or 2340A serting ‘‘, and, if death results to any person, for the purpose of supporting, planning, con- (relating to torture) of this title; shall be imprisoned for any term of years or ducting, or concealing an act of domestic or ‘‘(ii) section 236 (relating to sabotage of nu- for life.’’. international terrorism (as defined in sec- clear facilities or fuel) of the Atomic Energy (f) SABOTAGE OF NUCLEAR FACILITIES OR tion 2331) against the United States, citizens Act of 1954 (42 U.S.C. 2284); or ‘‘(iii) section 46502 (relating to aircraft pi- FUEL.—Section 236 of the Atomic Energy Act or residents of the United States, or their of 1954 (42 U.S.C. 2284), is amended— property; or racy), the second sentence of section 46504 (relating to assault on a flight crew with a (1) by striking ‘‘ten’’ each place it appears ‘‘(iii) derived from, involved in, or used or and inserting ‘‘20’’; intended to be used to commit any act of do- dangerous weapon), section 46505(b)(3) or (c) (relating to explosive or incendiary devices, (2) in subsection (a), by striking the period mestic or international terrorism (as defined at the end and inserting ‘‘, and, if death re- in section 2331) against the United States, or endangerment of human life by means of weapons, on aircraft), section 46506 if homi- sults to any person, shall be imprisoned for citizens or residents of the United States, or any term of years or for life.’’; and their property.’’. cide or attempted homicide is involved (re- lating to application of certain criminal laws (3) in subsection (b), by striking the period SEC. 807. TECHNICAL CLARIFICATION RELATING to acts on aircraft), or section 60123(b) (relat- at the end and inserting ‘‘, and, if death re- TO PROVISION OF MATERIAL SUP- sults to any person, shall be imprisoned for PORT TO TERRORISM. ing to destruction of interstate gas or haz- ardous liquid pipeline facility) of title 49.’’. any term of years or for life.’’. No provision of the Trade Sanctions Re- (g) SPECIAL AIRCRAFT JURISDICTION OF THE form and Export Enhancement Act of 2000 SEC. 809. NO STATUTE OF LIMITATION FOR CER- TAIN TERRORISM OFFENSES. UNITED STATES.—Section 46505(c) of title 49, (title IX of Public Law 106–387) shall be con- United States Code, is amended— strued to limit or otherwise affect section (a) IN GENERAL.—Section 3286 of title 18, United States Code, is amended to read as (1) by striking ‘‘15’’ and inserting ‘‘20’’; and 2339A or 2339B of title 18, United States Code. follows: (2) by striking the period at the end and in- SEC. 808. DEFINITION OF FEDERAL CRIME OF serting ‘‘, and, if death results to any person, TERRORISM. ‘‘§ 3286. Extension of statute of limitation for certain terrorism offenses. shall be imprisoned for any term of years or Section 2332b of title 18, United States for life.’’. ‘‘(a) EIGHT-YEAR LIMITATION.—Notwith- Code, is amended— (h) DAMAGING OR DESTROYING AN INTER- standing section 3282, no person shall be (1) in subsection (f), by inserting after STATE GAS OR HAZARDOUS LIQUID PIPELINE prosecuted, tried, or punished for any non- ‘‘terrorism’’ the following: ‘‘and any viola- FACILITY.—Section 60123(b) of title 49, United capital offense involving a violation of any tion of section 351(e), 844(e), 844(f)(1), 956(b), States Code, is amended— provision listed in section 2332b(g)(5)(B), or a 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of (1) by striking ‘‘15’’ and inserting ‘‘20’’; and violation of section 112, 351(e), 1361, or 1751(e) this title,’’ before ‘‘and the Secretary’’; and (2) by striking the period at the end and in- of this title, or section 46504, 46505, or 46506 of (2) in subsection (g)(5)(B), by striking title 49, unless the indictment is found or the serting ‘‘, and, if death results to any person, clauses (i) through (iii) and inserting the fol- information is instituted within 8 years after shall be imprisoned for any term of years or lowing: the offense was committed. Notwithstanding for life.’’. ‘‘(i) section 32 (relating to destruction of the preceding sentence, offenses listed in sec- SEC. 811. PENALTIES FOR TERRORIST CONSPIR- aircraft or aircraft facilities), 37 (relating to tion 3295 are subject to the statute of limita- ACIES. violence at international airports), 81 (relat- tions set forth in that section. (a) ARSON.—Section 81 of title 18, United ing to arson within special maritime and ter- ‘‘(b) NO LIMITATION.—Notwithstanding any States Code, is amended in the first undesig- ritorial jurisdiction), 175 or 175b (relating to other law, an indictment may be found or an nated paragraph— biological weapons), 229 (relating to chem- information instituted at any time without (1) by striking ‘‘, or attempts to set fire to ical weapons), subsection (a), (b), (c), or (d) limitation for any offense listed in section or burn’’; and of section 351 (relating to congressional, cab- 2332b(g)(5)(B), if the commission of such of- (2) by inserting ‘‘or attempts or conspires inet, and Supreme Court assassination and fense resulted in, or created a forseeable risk to do such an act,’’ before ‘‘shall be impris- kidnaping), 831 (relating to nuclear mate- of, death or serious bodily injury to another oned’’. rials), 842(m) or (n) (relating to plastic explo- person.’’. (b) KILLINGS IN FEDERAL FACILITIES.—Sec- sives), 844(f) (2) through (3) (relating to arson (b) APPLICATION.—The amendments made tion 930(c) of title 18, United States Code, is and bombing of Government property risking by this section shall apply to the prosecution amended—

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.016 pfrm01 PsN: H12PT1 H6756 CONGRESSIONAL RECORD — HOUSE October 12, 2001 (1) by striking ‘‘or attempts to kill’’; SEC. 812. POST-RELEASE SUPERVISION OF TER- ‘‘(C) a fine under this title, imprisonment (2) by inserting ‘‘or attempts or conspires RORISTS. for not more than 20 years, or both, in the to do such an act,’’ before ‘‘shall be pun- Section 3583 of title 18, United States Code, case of an offense under subsection ished’’; and is amended by adding at the end the fol- (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to (3) by striking ‘‘and 1113’’ and inserting lowing: commit an offense punishable under either ‘‘1113, and 1117’’. ‘‘(j) SUPERVISED RELEASE TERMS FOR TER- subsection, that occurs after a conviction for RORISM PREDICATES.—Notwithstanding sub- (c) COMMUNICATIONS LINES, STATIONS, OR another offense under this section.’’. section (b), the authorized term of supervised SYSTEMS.—Section 1362 of title 18, United (c) DEFINITIONS.—Subsection (e) of section States Code, is amended in the first undesig- release for any offense listed in section 1030 of title 18, United States Code is amend- 2332b(g)(5)(B), the commission of which re- nated paragraph— ed— sulted in, or created a foreseeable risk of, (1) by striking ‘‘or attempts willfully or (1) in paragraph (2)(B), by inserting ‘‘, in- death or serious bodily injury to another maliciously to injure or destroy’’; and cluding a computer located outside the person, is any term of years or life.’’. (2) by inserting ‘‘or attempts or conspires United States’’ before the semicolon; to do such an act,’’ before ‘‘shall be fined’’. SEC. 813. INCLUSION OF ACTS OF TERRORISM AS (2) in paragraph (7), by striking ‘‘and’’ at RACKETEERING ACTIVITY. (d) BUILDINGS OR PROPERTY WITHIN SPECIAL the end; Section 1961(1) of title 18, United States (3) by striking paragraph (8) and inserting MARITIME AND TERRITORIAL JURISDICTION.— Code, is amended— the following new paragraph (8): Section 1363 of title 18, United States Code, (1) by striking ‘‘or (F)’’ and inserting ‘‘(8) the term ‘damage’ means any impair- is amended— ‘‘(F)’’; and ment to the integrity or availability of data, (1) by striking ‘‘or attempts to destroy or (2) by inserting before the semicolon at the a program, a system, or information;’’; injure’’; and end the following: ‘‘, or (G) any act that is (4) in paragraph (9), by striking the period (2) by inserting ‘‘or attempts or conspires indictable under any provision listed in sec- at the end and inserting a semicolon; and to do such an act,’’ before ‘‘shall be fined’’ tion 2332b(g)(5)(B)’’. the first place it appears. (5) by adding at the end the following new SEC. 814. DETERRENCE AND PREVENTION OF paragraphs: (e) WRECKING TRAINS.—Section 1992 of title CYBERTERRORISM. ‘‘(10) the term ‘conviction’ shall include a 18, United States Code, is amended by adding (a) CLARIFICATION OF PROTECTION OF PRO- conviction under the law of any State for a at the end the following: TECTED COMPUTERS.—Section 1030(a)(5) of crime punishable by imprisonment for more ‘‘(c) A person who conspires to commit any title 18, United States Code, is amended— than 1 year, an element of which is unau- offense defined in this section shall be sub- (1) by inserting ‘‘(i)’’ after (A)’’; thorized access, or exceeding authorized ac- ject to the same penalties (other than the (2) by redesignating subparagraphs (B) and cess, to a computer; penalty of death) as the penalties prescribed (C) as clauses (ii) and (iii), respectively; ‘‘(11) the term ‘loss’ includes any reason- for the offense, the commission of which was (3) by adding ‘‘and’’ at the end of clause able cost to any victim, including the cost of the object of the conspiracy.’’. (iii), as so redesignated; and responding to an offense, conducting a dam- (f) MATERIAL SUPPORT TO TERRORISTS.— (4) by adding at the end the following: age assessment, and restoring the data, pro- Section 2339A of title 18, United States Code, ‘‘(B) caused (or, in the case of an at- gram, system, or information to its condi- is amended by inserting ‘‘or attempts or con- tempted offense, would, if completed, have tion prior to the offense, and any revenue spires to do such an act,’’ before ‘‘shall be caused) conduct described in in clause (i), lost, cost incurred, or other consequential fined’’. (ii), or (iii) of subparagraph (A) that resulted damages incurred because of interruption of (g) TORTURE.—Section 2340A of title 18, in— service; United States Code, is amended by adding at ‘‘(i) loss to 1 or more persons during any 1- ‘‘(12) the term ‘person’ means any indi- the end the following: year period (including loss resulting from a vidual, firm, corporation, educational insti- ‘‘(c) CONSPIRACY.—A person who conspires related course of conduct affecting 1 or more tution, financial institution, governmental to commit an offense under this section shall other protected computers) aggregating at entity, or legal or other entity;’’. be subject to the same penalties (other than least $5,000 in value; (d) DAMAGES IN CIVIL ACTIONS.—Subsection the penalty of death) as the penalties pre- ‘‘(ii) the modification or impairment, or (g) of section 1030 of title 18, United States scribed for the offense, the commission of potential modification or impairment, of the Code is amended— which was the object of the conspiracy.’’. medical examination, diagnosis, treatment, (1) by striking the second sentence and in- (h) SABOTAGE OF NUCLEAR FACILITIES OR or care of 1 or more individuals; serting the following new sentences: ‘‘A suit FUEL.—Section 236 of the Atomic Energy Act ‘‘(iii) physical injury to any person; for a violation of subsection (a)(5) may be of 1954 (42 U.S.C. 2284), is amended— ‘‘(iv) a threat to public health or safety; or brought only if the conduct involves one of (1) in subsection (a)— ‘‘(v) damage affecting a computer system the factors enumerated in subsection (A) by striking ‘‘, or who intentionally and used by or for a Government entity in fur- (a)(5)(B). Damages for a violation involving willfully attempts to destroy or cause phys- therance of the administration of justice, na- only conduct described in subsection ical damage to’’; tional defense, or national security;’’. (a)(5)(B)(i) are limited to economic dam- (B) in paragraph (4), by striking the period (b) PENALTIES.—Section 1030(c) of title 18, at the end and inserting a comma; and United States Code is amended— ages.’’; and (C) by inserting ‘‘or attempts or conspires (1) in paragraph (2)— (2) by adding at the end the following: ‘‘No to do such an act,’’ before ‘‘shall be fined’’; (A) in subparagraph (A) — action may be brought under this subsection and (i) by inserting ‘‘except as provided in sub- for the negligent design or manufacture of (2) in subsection (b)— paragraph (B),’’ before ‘‘a fine’’; computer hardware, computer software, or (A) by striking ‘‘or attempts to cause’’; (ii) by striking ‘‘(a)(5)(C)’’ and inserting firmware.’’. (e) AMENDMENT OF SENTENCING GUIDELINES and ‘‘(a)(5)(A)(iii)’’; and RELATING TO CERTAIN COMPUTER FRAUD AND (B) by inserting ‘‘or attempts or conspires (iii) by striking ‘‘and’ at the end; ABUSE.—Pursuant to its authority under sec- to do such an act,’’ before ‘‘shall be fined’’. (B) in subparagraph (B), by inserting ‘‘or tion 994(p) of title 28, United States Code, the (i) INTERFERENCE WITH FLIGHT CREW MEM- an attempt to commit an offense punishable United States Sentencing Commission shall BERS AND ATTENDANTS.—Section 46504 of title under this subparagraph,’’ after ‘‘subsection amend the Federal sentencing guidelines to 49, United States Code, is amended by insert- (a)(2),’’ in the matter preceding clause (i); ensure that any individual convicted of a ing ‘‘or attempts or conspires to do such an and violation of section 1030 of title 18, United act,’’ before ‘‘shall be fined’’. (C) in subparagraph (C), by striking ‘‘and’’ States Code, can be subjected to appropriate (j) SPECIAL AIRCRAFT JURISDICTION OF THE at the end; penalties, without regard to any mandatory UNITED STATES.—Section 46505 of title 49, (2) in paragraph (3)— minimum term of imprisonment. United States Code, is amended by adding at (A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’ both the end the following: places it appears; and SEC. 815. ADDITIONAL DEFENSE TO CIVIL AC- TIONS RELATING TO PRESERVING ‘‘(e) CONSPIRACY.—If two or more persons (B) by striking ‘‘and’’ at the end; and RECORDS IN RESPONSE TO GOVERN- conspire to violate subsection (b) or (c), and (3) by striking ‘‘(a)(5)(C)’’ and inserting MENT REQUESTS. one or more of such persons do any act to ef- ‘‘(a)(5)(A)(iii)’’; and Section 2707(e)(1) of title 18, United States fect the object of the conspiracy, each of the (4) by adding at the end the following new Code, is amended by inserting after ‘‘or stat- parties to such conspiracy shall be punished paragraphs: utory authorization’’ the following: ‘‘(includ- as provided in such subsection.’’. ‘‘(4)(A) a fine under this title, imprison- ing a request of a governmental entity under (k) DAMAGING OR DESTROYING AN INTER- ment for not more than 10 years, or both, in section 2703(f) of this title)’’. STATE GAS OR HAZARDOUS LIQUID PIPELINE the case of an offense under subsection SEC. 816. DEVELOPMENT AND SUPPORT OF FACILITY.—Section 60123(b) of title 49, United (a)(5)(A)(i), or an attempt to commit an of- CYBERSECURITY FORENSIC CAPA- States Code, is amended— fense punishable under that subsection; BILITIES. (1) by striking ‘‘, or attempting to damage ‘‘(B) a fine under this title, imprisonment (a) IN GENERAL.—The Attorney General or destroy,’’; and for not more than 5 years, or both, in the shall establish such regional computer foren- (2) by inserting ‘‘, or attempting or con- case of an offense under subsection sic laboratories as the Attorney General con- spiring to do such an act,’’ before ‘‘shall be (a)(5)(A)(ii), or an attempt to commit an of- siders appropriate, and provide support to fined’’. fense punishable under that subsection; existing computer forensic laboratories, in

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.016 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6757 order that all such computer forensic labora- ligence activities, including the acquisition (2) by inserting after section 105A the fol- tories have the capability— of information on the identity, location, fi- lowing new section 105B: (1) to provide forensic examinations with nances, affiliations, capabilities, plans, or in- ‘‘DISCLOSURE OF FOREIGN INTELLIGENCE AC- respect to seized or intercepted computer tentions of a terrorist or terrorist organiza- QUIRED IN CRIMINAL INVESTIGATIONS; NOTICE evidence relating to criminal activity (in- tion, or information on any other person, en- OF CRIMINAL INVESTIGATIONS OF FOREIGN IN- cluding cyberterrorism); tity, or group (including a foreign govern- TELLIGENCE SOURCES ment) engaged in harboring, comforting, fi- (2) to provide training and education for ‘‘SEC. 105B. (a) DISCLOSURE OF FOREIGN IN- nancing, aiding, or assisting a terrorist or Federal, State, and local law enforcement TELLIGENCE.—(1) Except as otherwise pro- personnel and prosecutors regarding inves- terrorist organization. vided by law and subject to paragraph (2), tigations, forensic analyses, and prosecu- SEC. 904. TEMPORARY AUTHORITY TO DEFER the Attorney General, or the head of any tions of computer-related crime (including SUBMITTAL TO CONGRESS OF RE- other department or agency of the Federal cyberterrorism); PORTS ON INTELLIGENCE AND IN- TELLIGENCE-RELATED MATTERS. Government with law enforcement respon- (3) to assist Federal, State, and local law sibilities, shall expeditiously disclose to the enforcement in enforcing Federal, State, and (a) AUTHORITY TO DEFER.—The Secretary of Defense, Attorney General, and Director Director of Central Intelligence, pursuant to local criminal laws relating to computer-re- of Central Intelligence each may, during the guidelines developed by the Attorney Gen- lated crime; effective period of this section, defer the eral in consultation with the Director, for- (4) to facilitate and promote the sharing of date of submittal to Congress of any covered eign intelligence acquired by an element of Federal law enforcement expertise and infor- intelligence report under the jurisdiction of the Department of Justice or an element of mation about the investigation, analysis, such official until February 1, 2002. such department or agency, as the case may and prosecution of computer-related crime (b) COVERED INTELLIGENCE REPORT.—Ex- be, in the course of a criminal investigation. with State and local law enforcement per- cept as provided in subsection (c), for pur- ‘‘(2) The Attorney General by regulation sonnel and prosecutors, including the use of poses of subsection (a), a covered intel- and in consultation with the Director of Cen- multijurisdictional task forces; and ligence report is as follows: tral Intelligence may provide for exceptions (5) to carry out such other activities as the (1) Any report on intelligence or intel- to the applicability of paragraph (1) for one Attorney General considers appropriate. ligence-related activities of the United or more classes of foreign intelligence, or (b) AUTHORIZATION OF APPROPRIATIONS.— States Government that is required to be foreign intelligence with respect to one or (1) AUTHORIZATION.—There is hereby au- submitted to Congress by an element of the more targets or matters, if the Attorney thorized to be appropriated in each fiscal intelligence community during the effective General determines that disclosure of such year $50,000,000 for purposes of carrying out period of this section. foreign intelligence under that paragraph this section. (2) Any report or other matter that is re- would jeopardize an ongoing law enforce- ment investigation or impair other signifi- (2) AVAILABILITY.—Amounts appropriated quired to be submitted to the Select Com- cant law enforcement interests. pursuant to the authorization of appropria- mittee on Intelligence of the Senate and Per- ‘‘(b) PROCEDURES FOR NOTICE OF CRIMINAL tions in paragraph (1) shall remain available manent Select Committee on Intelligence of until expended. INVESTIGATIONS.—Not later than 180 days the House of Representatives by the Depart- after the date of enactment of this section, TITLE IX—IMPROVED INTELLIGENCE ment of Defense or the Department of Jus- the Attorney General, in consultation with SEC. 901. RESPONSIBILITIES OF DIRECTOR OF tice during the effective period of this sec- the Director of Central Intelligence, shall de- CENTRAL INTELLIGENCE REGARD- tion. velop guidelines to ensure that after receipt ING FOREIGN INTELLIGENCE COL- (c) EXCEPTION FOR CERTAIN REPORTS.—For of a report from an element of the intel- LECTED UNDER FOREIGN INTEL- purposes of subsection (a), any report re- ligence community of activity of a foreign LIGENCE SURVEILLANCE ACT OF quired by section 502 or 503 of the National intelligence source or potential foreign intel- 1978. Security Act of 1947 (50 U.S.C. 413a, 413b) is ligence source that may warrant investiga- Section 103(c) of the National Security Act not a covered intelligence report. tion as criminal activity, the Attorney Gen- of 1947 (50 U.S.C. 403–3(c)) is amended— (d) NOTICE TO CONGRESS.—Upon deferring (1) by redesignating paragraphs (6) and (7) the date of submittal to Congress of a cov- eral provides notice to the Director of Cen- tral Intelligence, within a reasonable period as paragraphs (7) and (8), respectively; and ered intelligence report under subsection (a), of time, of his intention to commence, or de- (2) by inserting after paragraph (5) the fol- the official deferring the date of submittal of cline to commence, a criminal investigation lowing new paragraph (6): the covered intelligence report shall submit of such activity. ‘‘(6) establish requirements and priorities to Congress notice of the deferral. Notice of for foreign intelligence information to be ‘‘(c) PROCEDURES.—The Attorney General deferral of a report shall specify the provi- shall develop procedures for the administra- collected under the Foreign Intelligence Sur- sion of law, if any, under which the report veillance Act of 1978 (50 U.S.C. 1801 et seq.), tion of this section, including the disclosure would otherwise be submitted to Congress. of foreign intelligence by elements of the De- and provide assistance to the Attorney Gen- (e) EXTENSION OF DEFERRAL.—(1) Each offi- partment of Justice, and elements of other eral to ensure that information derived from cial specified in subsection (a) may defer the departments and agencies of the Federal electronic surveillance or physical searches date of submittal to Congress of a covered Government, under subsection (a) and the under that Act is disseminated so it may be intelligence report under the jurisdiction of provision of notice with respect to criminal used efficiently and effectively for foreign such official to a date after February 1, 2002, investigations under subsection (b).’’. intelligence purposes, except that the Direc- if such official submits to the committees of (b) CLERICAL AMENDMENT.—The table of tor shall have no authority to direct, man- Congress specified in subsection (b)(2) before contents in the first section of that Act is age, or undertake electronic surveillance or February 1, 2002, a certification that prepa- amended by striking the item relating to physical search operations pursuant to that ration and submittal of the covered intel- section 105B and inserting the following new Act unless otherwise authorized by statute ligence report on February 1, 2002, will im- items: or executive order;’’. pede the work of officers or employees who ‘‘Sec. 105B. Disclosure of foreign intel- SEC. 902. INCLUSION OF INTERNATIONAL TER- are engaged in counterterrorism activities. RORIST ACTIVITIES WITHIN SCOPE (2) A certification under paragraph (1) with ligence acquired in criminal in- OF FOREIGN INTELLIGENCE UNDER respect to a covered intelligence report shall vestigations; notice of criminal NATIONAL SECURITY ACT OF 1947. specify the date on which the covered intel- investigations of foreign intel- Section 3 of the National Security Act of ligence report will be submitted to Congress. ligence sources. ‘‘Sec. 105C. Protection of the operational 1947 (50 U.S.C. 401a) is amended— (f) EFFECTIVE PERIOD.—The effective period (1) in paragraph (2), by inserting before the of this section is the period beginning on the files of the National Imagery period the following: ‘‘, or international ter- date of the enactment of this Act and ending and Mapping Agency.’’. rorist activities’’; and on February 1, 2002. SEC. 906. FOREIGN TERRORIST ASSET TRACKING (2) in paragraph (3), by striking ‘‘and ac- (g) ELEMENT OF THE INTELLIGENCE COMMU- CENTER. tivities conducted’’ and inserting ‘‘, and ac- NITY DEFINED.—In this section, the term (a) REPORT ON RECONFIGURATION.—Not tivities conducted,’’. ‘‘element of the intelligence community’’ later than February 1, 2002, the Attorney General, the Director of Central Intelligence, SEC. 903. SENSE OF CONGRESS ON THE ESTAB- means any element of the intelligence com- LISHMENT AND MAINTENANCE OF munity specified or designated under section and the Secretary of the Treasury shall INTELLIGENCE RELATIONSHIPS TO 3(4) of the National Security Act of 1947 (50 jointly submit to Congress a report on the ACQUIRE INFORMATION ON TER- U.S.C. 401a(4)). feasibility and desirability of reconfiguring RORISTS AND TERRORIST ORGANI- the Foreign Terrorist Asset Tracking Center SEC. 905. DISCLOSURE TO DIRECTOR OF CEN- ZATIONS. TRAL INTELLIGENCE OF FOREIGN and the Office of Foreign Assets Control of It is the sense of Congress that officers and INTELLIGENCE-RELATED INFORMA- the Department of the Treasury in order to employees of the intelligence community of TION WITH RESPECT TO CRIMINAL establish a capability to provide for the ef- the Federal Government, acting within the INVESTIGATIONS. fective and efficient analysis and dissemina- course of their official duties, should be en- (a) IN GENERAL.—Title I of the National Se- tion of foreign intelligence relating to the fi- couraged, and should make every effort, to curity Act of 1947 (50 U.S.C. 402 et seq.) is nancial capabilities and resources of inter- establish and maintain intelligence relation- amended— national terrorist organizations. ships with any person, entity, or group for (1) by redesignating subsection 105B as sec- (b) REPORT REQUIREMENTS.—(1) In pre- the purpose of engaging in lawful intel- tion 105C; and paring the report under subsection (a), the

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.016 pfrm01 PsN: H12PT1 H6758 CONGRESSIONAL RECORD — HOUSE October 12, 2001 Attorney General, the Secretary, and the Di- rector of Central Intelligence, carry out a media reminds us daily with pictures of rector shall consider whether, and to what program to provide appropriate training to the missing, interviews with survivors, extent, the capacities and resources of the officials described in subsection (b) in order films of the many memorial services, Financial Crimes Enforcement Center of the to assist such officials in— and images of the massive destruction. Department of the Treasury may be inte- (1) identifying foreign intelligence infor- grated into the capability contemplated by mation in the course of their duties; and We are constantly reminded that this the report. (2) utilizing foreign intelligence informa- is a war that is far from over. The rules (2) If the Attorney General, Secretary, and tion in the course of their duties, to the ex- of this war are vastly different from the Director determine that it is feasible and tent that the utilization of such information the wars that we have fought as a desirable to undertake the reconfiguration is appropriate for such duties. country in the past. We are uncertain described in subsection (a) in order to estab- (b) OFFICIALS.—The officials provided who the enemy is. We are uncertain lish the capability described in that sub- training under subsection (a) are, at the dis- section, the Attorney General, the Sec- where the enemy is. We are more un- cretion of the Attorney General and the Di- certain than ever before when and what retary, and the Director shall include with rector, the following: the report under that subsection a detailed (1) Officials of the Federal Government the next move of the enemy will be. proposal for legislation to achieve the recon- who are not ordinarily engaged in the collec- Because of this uncertainty, we have figuration. tion, dissemination, and use of foreign intel- had to change the way that we think SEC. 907. NATIONAL VIRTUAL TRANSLATION CEN- ligence in the performance of their duties. about the safety and security of our TER. (2) Officials of State and local governments country and its people. We must de- (a) REPORT ON ESTABLISHMENT.—(1) Not who encounter, or may encounter in the later than February 1, 2002, the Director of velop new weapons for protection Central Intelligence shall, in consultation course of a terrorist event, foreign intel- against this new kind of war. with the Director of the Federal Bureau of ligence in the performance of their duties. It is this new approach to safety and Investigation, submit to the appropriate (c) AUTHORIZATION OF APPROPRIATIONS.— security that has required us to take committees of Congress a report on the es- There is hereby authorized to be appro- priated for the Department of Justice such action today. This bipartisan legisla- tablishment and maintenance within the in- tion will give law enforcement new telligence community of an element for pur- sums as may be necessary for purposes of poses of providing timely and accurate trans- carrying out the program required by sub- weapons to fight this new kind of war. lations of foreign intelligence for all other section (a). Terrorists have weapons that law en- elements of the intelligence community. In TITLE X—MISCELLANEOUS forcement cannot protect against right the report, the element shall be referred to SEC. 1001. REVIEW OF THE DEPARTMENT OF JUS- now. Technology has made extraor- as the ‘‘National Virtual Translation Cen- TICE. dinary advances; but with these ad- ter’’. The Inspector General of the Department vances in the wrong hands, we are (2) The report on the element described in of Justice shall designate one official who paragraph (1) shall discuss the use of state- more vulnerable to attacks. shall— Indeed, it cannot be denied that law of-the-art communications technology, the (1) review information and receive com- integration of existing translation capabili- enforcement tools created decades ago plaints alleging abuses of civil rights and were crafted for rotary telephones, not ties in the intelligence community, and the civil liberties by employees and officials of utilization of remote-connection capacities the Department of Justice; e-mail, the Internet, mobile commu- so as to minimize the need for a central (2) make public through the Internet, nications, and voice mail. Thus, this physical facility for the element. radio, television, and newspaper advertise- legislation, like the previous Com- (b) RESOURCES.—The report on the element required by subsection (a) shall address the ments information on the responsibilities mittee on the Judiciary version and following: and functions of, and how to contact, the of- Senate 1510, modernizes surveillance (1) The assignment to the element of a ficial; and capabilities by ensuring that pen reg- staff of individuals possessing a broad range (3) submit to the Committee on the Judici- ister and trap and trace court orders of linguistic and translation skills appro- ary of the House of Representatives and the apply to new technologies, such as the priate for the purposes of the element. Committee on the Judiciary of the Senate on a semi-annual basis a report on the imple- Internet, and can be executed in mul- (2) The provision to the element of commu- tiple jurisdictions anywhere in the nications capabilities and systems that are mentation of this subsection and detailing any abuses described in paragraph (1), in- United States. commensurate with the most current and so- Criminal provisions dealing with phisticated communications capabilities and cluding a description of the use of funds ap- systems available to other elements of intel- propriations used to carry out this sub- stored electronic communications will ligence community. section. be updated to allow law enforcement to (3) The assurance, to the maximum extent The SPEAKER pro tempore. The gen- seize stored voice-mail messages the practicable, that the communications capa- tleman from Wisconsin (Mr. SENSEN- same way they can seize a taped an- bilities and systems provided to the element BRENNER) and the gentleman from Vir- swering machine message. Addition- will be compatible with communications ca- ginia (Mr. SCOTT) each will control 30 ally, under this bill, a court may au- pabilities and systems utilized by the Fed- minutes of debate on the bill, as thorize a pen register or trap/trace eral Bureau of Investigation in securing amended. order that follows the person from cell timely and accurate translations of foreign The Chair recognizes the gentleman language materials for law enforcement in- phone to cell phone rather than requir- vestigations. from Wisconsin (Mr. SENSENBRENNER). ing law enforcement to return to court (4) The development of a communications GENERAL LEAVE every time the person switches cell infrastructure to ensure the efficient and se- Mr. SENSENBRENNER. Mr. Speak- phones. The bill, consistent with our cure use of the translation capabilities of the er, I ask unanimous consent that all constitutional system of government, element. Members may have 5 legislative days still requires a judge to approve wire- (c) SECURE COMMUNICATIONS.—The report within which to revise and extend their taps, search warrants, pen registers, shall include a discussion of the creation of secure electronic communications between remarks, and to include extraneous and trap/trace devices. the element described by subsection (a) and material on H.R. 2975, the bill under Like the Committee on the Judiciary the other elements of the intelligence com- consideration. reported bill, this new bill continues to munity. The SPEAKER pro tempore. Is there provide for nationwide service of war- (d) DEFINITIONS.—In this section: objection to the request of the gen- rants for electronic evidence, such as (1) FOREIGN INTELLIGENCE.—The term ‘‘for- tleman from Wisconsin? content of e-mails, and search warrants eign intelligence’’ has the meaning given There was no objection. for terrorism. Current rules require that term in section 3(2) of the National Se- that a search warrant be issued from curity Act of 1947 (50 U.S.C. 401a(2)). Mr. SENSENBRENNER. Mr. Speak- (2) ELEMENT OF THE INTELLIGENCE COMMU- er, I yield myself 10 minutes. the judicial district in which the prop- NITY.—The term ‘‘element of the intelligence Mr. Speaker, on September 11, 2001, a erty to be searched is located. The bill community’’ means any element of the intel- war was started on United States soil. would change this to permit the pros- ligence community specified or designated It was not a war we voluntarily en- ecutor to go to the judge in the district under section 3(4) of the National Security tered. It was not a war we started. We overseeing the investigation to issue Act of 1947 (50 U.S.C. 401a(4)). were not given a choice. We were the warrant, and in the case for search SEC. 908. TRAINING OF GOVERNMENT OFFICIALS dragged into a war that day, a war on warrants for terrorism offenses, in any REGARDING IDENTIFICATION AND USE OF FOREIGN INTELLIGENCE. terrorism. district in which activities related to (a) PROGRAM REQUIRED.—The Attorney Every day since September 11, we are terrorism occurred. This will save valu- General shall, in consultation with the Di- reminded of these violent acts. The able time.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.016 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6759 It is clearly within the public inter- a separate order for each phone to be viding Congress the opportunity to est and the Federal Government’s man- tapped. This provision allows the gov- conduct effective oversight over the date to keep out of the United States ernment to make a showing to a court implementation and use of these new persons who are intent on inciting or that the target is changing phones to law enforcement authorities. engaging in terrorist activities. This thwart the tap, and to allow the court Mr. Speaker, this has not been the bill furthers that goal by expanding the to authorize taps of any phones which ideal process, and the legislation before definitions related to terrorist organi- the target may use. This provision is us now does not represent a perfect zations. Under current law, unless oth- consistent with current criminal law. compromise. However, the work of the erwise specified, an alien is inadmis- Importantly, the bill does not do House Committee on the Judiciary sible and deportable for engaging in anything to take away the freedoms of over the past 3 weeks has greatly im- terrorist activities only when the alien innocent citizens. Of course we all rec- proved upon the original Justice De- has used explosives or firearms. This ognize that the fourth amendment to partment proposal. I believe it now re- act eliminates that limitation so that the Constitution prevents the govern- sponsibly addresses many of the short- any terrorist who has used any object, ment from conducting unreasonable comings of the current law and im- including a knife, a box-cutter, or an searches and seizures, and that is why proves law enforcement’s ability to airplane, would be inadmissable and this legislation does not change the prevent future terrorism activities and deportable. United States Constitution or the the preliminary crimes which further Under the current regulatory regime, rights guaranteed to citizens of this such activities while preserving the the INS can detain an alien for 48 hours country under the Bill of Rights. civil rights of our citizens. before making a decision as to charg- We should keep in mind that the Pre- I urge my colleagues to support this ing the alien with a crime or removable amble to the Constitution states that bipartisan effort. offense. The INS uses this time to es- it was ordained to establish justice, en- Mr. Speaker, I reserve the balance of tablish an alien’s true identity, to sure domestic tranquility, provide for my time. The SPEAKER pro tempore (Mr. check foreign and domestic databases the common defense, promote the gen- NETHERCUTT). Without objection, the for information about the alien, and to eral welfare, and to secure the bless- gentleman from Michigan (Mr. CON- liaise with law enforcement agencies. ings of liberty. YERS) is recognized to control the time. This act extends that time period to Well, let me say, on September 11, There was no objection. 7 days so that the INS is not forced to our common defense was penetrated, Mr. CONYERS. Mr. Speaker, I am release a terrorist simply because it and America’s tranquility, welfare, and pleased to begin our discussion by has not had adequate time to do a thor- liberty were ruthlessly attacked. I urge yielding 3 minutes to the distinguished ough investigation. the Members of this body to stand gentleman from North Carolina (Mr. The substantive criminal law stat- united together in recognition of the WATT). utes are also toughened in order to important purpose we must serve in Mr. WATT of North Carolina. Mr. treat crimes of terrorism with the preventing terrorist attacks in the fu- Speaker, like every American citizen, same level of importance as the most ture and prosecuting those who have the emotions that we as Members of serious crimes in our country. Some of already attacked us. Congress and I personally have gone these new provisions include no stat- Mr. Speaker, I would like to say a lit- through over the last 31 days since Sep- utes of limitations for the most serious tle bit about the road this legislation tember 11 have spanned the whole crimes of terrorism, allowing a judge has traveled on the way to the floor course. to sentence a terrorist to prison for today. The road was relatively short, As I saw the buildings crash in New any number of years up to life for any but certainly not without its twists York, I wondered whether the terror- offense that is defined as a ‘‘Federal and turns. Along the way, the legisla- ists would prevail, only to see the fire- terrorism offense,’’ and subjecting per- tion has been the subject of intense ne- fighters and police officers and rescue sons convicted of conspiracy to commit gotiation between House Republicans workers spring to their work, lift their terrorism to the same penalties as and Democrats, the administration, shoulders, observe my colleagues on those who actually commit the offense. Members from the other body, and our the steps of the House of Representa- Any person convicted of a terrorism of- leaders here in the House. After a 36 to tives that evening singing ‘‘God Bless fense will now be under supervision for nothing markup in the House Com- America’’ and raise my head and say, as long as the court determines is nec- mittee on the Judiciary last week and we will prevail over them. essary, including up to life. the introduction of a bipartisan When I heard the Attorney General The act also expands the definition of antiterrorism bill in the other body, we come and say we had to pass an support for terrorism for which a per- were faced with trying to reconcile two antiterrorism bill in 2 days following son can be prosecuted to include pro- different bipartisan bills, one of which that, I wondered whether the terrorists viding expert advice to terrorists and garnered stronger support by the ad- would prevail. And the admiration that harboring or concealing a suspected ministration. I had for our committee chairman, the terrorist. However, our goal remains clear, to gentleman from Wisconsin, and the This new bill also continues the com- quickly come to agreement on legisla- ranking member of our committee as promise language between current law tion that will provide our law enforce- they stood and said, we cannot do this and the administration’s initial pro- ment and intelligence officials with in the heat of passion, we must honor posal for the showing needed for FISA, new tools necessary to more effectively the constitutional requirements, the Foreign Intelligence Surveillance battle terrorism and other crimes. caused me to raise my head and say, we Act, investigations using wiretaps. will prevail. b 1430 Current FISA law requires that in When I saw the incidents around the order to obtain a FISA wiretap, the At- The bill before us now makes several country of attacks on Arabs and Mus- torney General must certify that the changes to the bill passed by the other lim mosques, I wondered whether the gathering of foreign intelligence is the body last night, although most core terrorists would succeed. And with purpose or a primary purpose of the in- provisions are very similar or are iden- pride I saw my President spring and vestigation. tical to the bill reported by the Com- say, ‘‘We cannot tolerate this kind of The administration draft wanted to mittee on the Judiciary last week. In- attack on our people,’’ and I raised my change this to only require a certifi- deed, S. 1510 incorporated many of our head with pride. cation that it was a purpose. This bill committee’s provisions. Most impor- On the floor of this House, I saw Sec- requires the Attorney General must tantly, this bill preserves a sunset over retary Colin Powell and Secretary certify that it is a significant purpose. many provisions of the bill. It is longer Rumsfeld come and brief us and say Furthermore, this bill, like the Com- than the 2-year sunset contained in the that we are approaching this methodi- mittee on the Judiciary reported bill, bill passed by the Committee on the cally; and I raised my head with pride provides for roving wiretaps for FISA Judiciary; but, nonetheless, I believe it and said, we will prevail. investigations. Currently under FISA, does the trick. It should keep the De- Today, we have another test in this the government must identify and get partment of Justice in line while pro- House to determine whether we will

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.054 pfrm01 PsN: H12PT1 H6760 CONGRESSIONAL RECORD — HOUSE October 12, 2001 stand strong in support of our constitu- Mr. HYDE. Mr. Speaker, I thank the before us is much weaker than it would tional rights and be able at the end of gentleman from Wisconsin for yielding have been had it included the proposals this debate to raise our heads with time; and I want, before I launch into we developed. I hope to work with him pride and not to cower to the terrorists my remarks, to congratulate him and to correct this through separate legis- and give away the constitutional rights the gentleman from Michigan for a lation that we can move quickly that our Founding Fathers have given thoroughly professional, workmanlike through the Committee on Inter- to us. job in shepherding this complicated national Relations. I hope our col- This bill in my estimation goes too bill through the committee. They came leagues on the Committee on the Judi- far in giving away those rights. I ask out with a wonderful work product de- ciary will work with us to expedite our my colleagues to consider carefully the spite all of the difficulties and pres- efforts. provisions of this bill and its implica- sures and anxieties. I am very proud of Again, I congratulate the gentleman tions for whether we prevail in our both of them as Members of the House. from Wisconsin (Mr. SENSENBRENNER), fight against terrorism. I do support this bill, but I am dis- the gentleman from Michigan (Mr. Mr. SENSENBRENNER. Mr. Speak- appointed that the process by which it CONYERS), and the gentleman from er, I yield such time as he may con- came to the floor has resulted in the California (Mr. LANTOS). sume to the gentleman from Texas (Mr. omission of a number of antiterrorism Mr. CONYERS. Mr. Speaker, no one SMITH). measures that are important to the has worked with more energy and (Mr. SMITH of Texas asked and was Committee on International Relations thoughtfulness than the gentleman given permission to revise and extend and of personal interest to me. In say- from Virginia (Mr. SCOTT) to whom I his remarks.) ing this, I direct no criticism to my yield 2 minutes. Mr. SMITH of Texas. Mr. Speaker, I colleagues on the Committee on the Mr. SCOTT. Mr. Speaker, there are a thank the chairman of the Committee Judiciary. To the contrary, throughout lot of provisions of this bill that ought on the Judiciary for yielding time. this process there has been excellent to cause concern. One is the wiretap Mr. Speaker, as chairman of the Sub- cooperation between the Committee on provision, because we have changed committee on Crime, I support this leg- International Relations and the Com- several provisions which, taken to- islation. mittee on the Judiciary and between gether, represent a fundamental attack Security is valued, yet it is often the gentleman from Wisconsin (Mr. on principles of privacy. unappreciated until taken away. What hap- SENSENBRENNER), the gentleman from One change we made is to allow Fed- pened on September 11, 2001, has made us Michigan (Mr. CONYERS), the gen- eral investigators to share information feel like we lost our sense of security. It tleman from California (Mr. LANTOS), from intelligence-gathering and crimi- and myself. I especially want to com- doesn’t have to be that way. nal investigation. That is important We are united like never before, resolved to mend the gentleman from California because under foreign intelligence defeat terrorism and protect American lives. for his patient efforts to work with us gathering, the standard is intelligence and for the bipartisan spirit in which We seek a return to ‘‘normal,’’ although the gathering. For the crime, you need he approached this project. word normal takes on a new meaning now. probable cause that a crime has been We did not mark up this legislation committed. Since they cannot share, Law enforcement officials need all the nec- within the Committee on International this has never been a problem. But now essary tools to confront the daunting tasks Relations, even though we had jurisdic- that we are allowing them to share in- ahead. The administration initially offered a tion to do so. Instead, the gentleman formation, you could essentially con- strong antiterrorism bill that would have helped from California and I jointly filed an duct a criminal investigation using the bring terrorists to justice. The Attorney Gen- amendment with the Committee on FISA standard. eral asked for measures he believed would re- Rules seeking to add provisions to the We also then reduced the standard duce the threat of terrorist attacks. Unfortu- bill that we believe would have been under foreign intelligence wiretap. It nately, some in the administration disregarded approved by our committee had we used to be that it had to be the pri- the public mandate for increased safety and marked up the measure. Our amend- mary purpose of the wiretap. Under agreed to weaken the bill. ment included provisions designed to this bill, it can be a significant pur- However, the legislation does make im- improve U.S. monitoring of foreign ter- pose. Obviously not the primary pur- provements in current law. rorist organizations and of foreign pose. And what is the primary purpose? Intelligence Gathering—The bill expands law countries that provide direct or indi- enforcement’s ability to obtain wiretaps and rect support to such organizations. Re- If it is criminal investigation, then you ‘‘trap and trace’’ authority, which is a method grettably, the rule has not made our ought to have had probable cause to used to identify the origin of a message. (This amendment in order. get the warrant; and if you do not have component was added from legislation I had In addition, our committee on a bi- probable cause, that is not the way we previously introduced.) partisan basis proposed a number of re- ought to be investigating crimes. Criminal Justice—The bill expedites court finements to provisions within our ju- Third, we have this roving wiretap proceedings and increases penalties related to risdiction that were requested by the where you can assign the wiretap to terrorism. administration. These refinements the person and the wiretap follows the Financial Infrastructure—The bill expands were largely technical in nature, relat- person. That means that wherever the the law to allow seizure of assets of terrorist ing to such matters as the vesting of person goes, whatever phone that the organizations. foreign assets under the International person uses, you can tap that phone, Information Sharing—The bill promotes Emergency Economic Powers Act and neighbors, pay phones, anybody else; interagency cooperation so that data is shared the sharing of U.S. visa information and therefore you have a situation among agencies and used to its fullest extent. with foreign governments. But they where innocent people who may also be Border Security—The bill authorizes addi- were important to us, and we were using that phone will have their con- tional funds to the INS for purposes of making pleased that the Committee on the Ju- versations listened in on. I will note improvements in technology for monitoring diciary agreed to include them in their that this is not limited to terrorism, both the northern and southern borders and version of this bill. Regrettably, these and it is not even limited to criminal triples the number of Border Patrol personnel refinements have also been left out of activity. in each state along the northern border. the bill now before us. The language in this bill needs im- It is critically important to implement solu- Finally, the version of this bill that provement. That is why we at least in- tions to combat the threats to America. This was approved by the Committee on the sisted on a short sunset that has been antiterrorism legislation reduces our vulner- Judiciary included three amendments expanded to a full 5 years. We need ability to terrorist attacks, though it should offered by me relating to money laun- time to reconsider and draft legislation have done more. dering, counternarcotics training in without the rush that this bill has been Mr. SENSENBRENNER. Mr. Speak- Central Asia and other matters. All subjected to. We need to make sure er, I yield 3 minutes to the gentleman three of these amendments were omit- that we have a bill that we can be from Illinois (Mr. HYDE), the distin- ted from H.R. 3108. proud of. The Committee on the Judici- guished chairman emeritus of the Com- I know the gentleman from Cali- ary had a bill; we ought to go back to mittee on the Judiciary. fornia joins me in saying that the bill that bill. But we ought to be concerned

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.056 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6761 about the wiretap provisions under this product that will be reported from the their dedication to crafting a bipartisan bill that legislation. House. would give law enforcement the tools it needs Mr. CONYERS. Mr. Speaker, one of Mr. SENSENBRENNER. Mr. Speak- to fight a war on terrorism while still protecting the most thoughtful members of our er, will the gentleman yield? the civil liberties of Americans. committee and of the Congress is the Mr. GOODLATTE. I yield to the gen- The bill that was unanimously passed out of gentleman from Massachusetts (Mr. tleman from Wisconsin. the Judiciary Committee is the product of FRANK) to whom I yield 2 minutes. Mr. SENSENBRENNER. The gen- much deliberation and compromise. While not Mr. FRANK. Mr. Speaker, we recog- tleman is correct. The report will fol- perfect, it achieves a difficult balance between nize that the chairman of the full com- low this bill. providing law enforcement with the tools it mittee tried hard to preserve some of b 1445 needs to wage an effective war against ter- our process; but powers beyond, it seem rorism and the protection of American’s civil to me, his control have given us the Mr. GOODLATTE. Mr. Speaker, re- liberties. least democratic process for debating claiming my time, the recent attacks The PATRIOT Act clarifies that orders for questions fundamental to democracy I on the World Trade Center and the the installation of pen register and trap and have ever seen. Pentagon have permanently changed trace devices apply to a broad variety of com- But I want to get to substance while America. September 11, 2001, was the munications technologies, including the Inter- continuing to deplore this outrageous clarion call to arms in a new war net. An issue of particular concern to me that and unfair procedure whereby the prod- against terrorism. Our law enforce- was raised during the crafting of the Judiciary- uct that we voted on in committee can- ment operatives will need new tools to passed bill is the clarification that these de- not even be offered. No amendments. fight this war, and Congress must re- vices may not capture content information. No amendments. spond. I commend the Chairman and Ranking But I want to explain what the sub- The world we live in since September Member for including statutory language in the stantive problem is. What we decided 11 will require us to be more patient, to Judiciary bill that makes this clarification. Lan- to do in committee, correctly, was to be more careful, and to tolerate more guage stating that these devices may not cap- give to the law enforcement officials inconveniences. However, we must be ture the contents of any communication is also all the expanded powers they asked for, careful not to trade our personal free- included in the bill that is before us today. because we want to be protected. And doms for the promise of security. Once Mr. CONYERS. Mr. Speaker, I yield 2 electronic evolution requires an evo- we have sacrificed the civil liberties minutes to the gentlewoman from Cali- lution in the powers. But we simulta- that our Nation was founded on, then fornia (Ms. LOFGREN), a thoughtful neously tried to put into effect a full and only then have we allowed ter- member of our committee that has set of safeguards to minimize the rorism to defeat us. worked on many of the important ideas chance that human beings, fallible I would like to commend the gen- that have helped shape our legislative ones, would abuse the powers. tleman from Wisconsin (Chairman SEN- product. The problem is that the bill before us SENBRENNER) and the other members of Ms. LOFGREN. Mr. Speaker, I do today preserves the fullness of the pow- the committee for their dedication to have concerns about the measure be- ers, but substantially weakens the crafting a bipartisan bill that will give fore us; but before touching on those safeguards against the misuse of the law enforcement the tools it needs to concerns, I would like to state here powers. The major safeguard was the fight a war on terrorism while still pro- publicly the esteem I have for the gen- sunset. Knowing that within 2 years tecting the civil liberties of Americans. tleman from Wisconsin (Mr. SENSEN- they would have to come back for a re- The bill was unanimously passed out BRENNER), the chairman of the com- newal of these powers was the best way of the Committee on the Judiciary and mittee, as well as the gentleman from to build into the bureaucracy respect is a product of much deliberation and Michigan (Mr. CONYERS), the ranking and avoid abuse. A 5-year sunset great- compromise. While not perfect, it member. They have really conducted ly diminishes that. They can figure, achieves a difficult balance between themselves in the very finest manner hey, we have got a couple of years and providing law enforcement with the possible, and I am proud to be serving if we come in in the fifth year and we tools it needs to wage an effective war in this House with the two of them. can say, Well, there weren’t any prob- against terrorism and the protection of We worked together on the Com- lems lately, that is one thing. American’s civil liberties. mittee on the Judiciary understanding This bill may well not, in fact, be the The version that has been brought to that we need to do everything we can final bill. It could go to conference the floor of the House does not contain to make sure that law enforcement has with the Senate, which has no sunset everything that I would like it to con- all the tools necessary to keep our at all and that sunset may recede into tain that was in the Committee on the country safe, and we came out with a the sunset. We also created an Assist- Judiciary version, but it is still a good measure. It may not be a perfect ant Inspector General and called it an strong and solid bill; and I commend measure. But there are risks inherent Assistant Inspector General for the the chairman and the ranking member in some of the changes we made, and purposes of trying to monitor this. for their work to incorporate as much most particularly the changes made in That office has been downgraded. of the committee’s language into this the area of FISA that my colleague the We are trying to do something very final product as possible. gentleman from Virginia (Mr. SCOTT) delicate. We are trying to empower law I urge Members to support this legis- basically mentioned. enforcement and simultaneously put lation. We are changing the way we deal constraints on them. A bill that gives The recent attacks on the World Trade Cen- with the fourth amendment, and we the full powers and weakens the con- ter and Pentagon have permanently changed were prepared to do that in the Com- straints is an inadequate bill. America. September 11, 2001 was the clarion mittee on the Judiciary, provided that Mr. SENSENBRENNER. Mr. Speak- call to arms in a new war against terrorism. we had a review. We had a 2-year sun- er, I yield 2 minutes to the gentleman Our law enforcement operatives will need new set clause on that FISA section. Be- from Virginia (Mr. GOODLATTE). tools to fight this war and Congress must re- cause we are on new ground here, we Mr. GOODLATTE. Mr. Speaker, I spond. may be on thin ice; and we wanted to thank the chairman for his hard work The world that we live in since September make sure that we force ourselves to on this legislation, as well as the rank- 11th will require us to be more patient, to be review that provision so that the free- ing member. more careful and to tolerate more inconven- doms of Americans are not destroyed If I might ask the chairman, it is my iences. However, we must be careful not to as we fight to destroy the terrorists. I understanding from committee staff trade our personal freedoms for the promise of am very concerned that the sunset pro- that the report language which was security. Once we have sacrificed the civil lib- vision relative to FISA and the fourth very important in the way the com- erties that our Nation was founded on, then amendment has not been adhered to in mittee crafted this legislation in clari- and only then have we allowed terrorism to this bill, and I feel obliged to mention fying certain points, that the rule is defeat us. that. written so that that report language I would like to commend Chairman SENSEN- Also, as the gentleman from Illinois will be incorporated into the final BRENNER and Ranking Member CONYERS for (Mr. HYDE) mentioned, we could have

VerDate 13-OCT-2001 04:16 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.058 pfrm01 PsN: H12PT1 H6762 CONGRESSIONAL RECORD — HOUSE October 12, 2001 had a much tougher bill. We could have dertook. However, Mr. Speaker, I can- U.S. Park Police. given much greater authority in some not support this effort. I do support U.S. Postal Investigators. areas, and we would have had a unani- Governor Ridge, and I do support At- U.S. Parole Office. mous vote actually among the Com- torney General Ashcroft and the Presi- U.S. Army. BLM. mittee on the Judiciary on this floor dent of the United States. However, U.S. Fish and Wildlife Service. perhaps for some of those. Mr. Speaker, I feel like this bill goes So I have concerns, but I do very way too far. Mr. SENSENBRENNER. Mr. Speak- much honor the chairman and ranking Some of the provisions place more er, I yield 1 minute to the gentleman member for their efforts. power in the hands of law enforcement from Florida (Mr. KELLER). Mr. SENSENBRENNER. Mr. Speak- than our Founding Fathers could have Mr. KELLER. Mr. Speaker, I rise er, I yield 2 minutes to the gentleman ever dreamt. Nationwide warrants and today as a supporter and original co- sponsor of the PATRIOT anti-terrorism from Tennessee (Mr. BRYANT). secret courts would have been familiar Mr. BRYANT. Mr. Speaker, I thank to the Founding Fathers, Mr. Speaker, bill. This is a powerful piece of crime- the chairman for yielding me time. because they fought against those very fighting legislation. It gives the FBI As we consider today the expansion institutions when they fought the Brit- additional tools to go after terrorists. of Federal law enforcement powers, I ish. It creates criminal penalties for people am reminded that as we redefine this This bill promises security, but who harbor terrorists. At the same often-delicate balance between our Americans need to be secure with their time, it respects the civil liberties of country’s national defense and indi- liberties. This bill promises safety, but our citizens. vidual rights, we must be very careful. Americans are only safe if they are Some people say it is not identical to I have over the years, though, be- free. the bill that came out of the Com- come convinced that some adjustments Mr. Speaker, others have said it more mittee on the Judiciary, on which I are needed to our criminal law. Given eloquently than I. Patrick Henry, for serve. It may not be identical, but it is the significantly greater ability of the instance, said it when he said, ‘‘I have a good bill. Let us not allow the perfect criminal, particularly the terrorists, to but one lamp which guides my feet, and to be the enemy of the good. freely operate worldwide, and given the that is the lamp of experience. I know Recently, President Bush told us advancing technology of communica- of no way of judging the future but by that we should take our family on a va- tions, simply put, the laws that we the past. And judging by the past, I cation to Disney World in Orlando, have are no longer adequate for the wish to know what there has been in Florida. I have the happy privilege of good guys to keep up with the bad the conduct of the British ministry for representing Orlando. Since we have a guys. At this time I think it is very ap- the last ten years to justify those tourism-based economy, my district propriate that the good guys get the hopes which gentlemen now today are has been uniquely hurt by the tragic edge once again. pleased to solace themselves.’’ acts of September 11. Specifically, be- This PATRIOT bill, H.R. 2975, I be- John Stewart Mill said, ‘‘A people cause people have been afraid to fly, lieve is a balanced approach to our may prefer a free government, but if theme park workers, convention work- fight against terrorism. I believe it is from indolence, or carelessness, or cow- ers hotel workers, and cab drivers have an appropriate response to a very real ardice, or want of public spirit, they lost their jobs. problem. Neither our constitutional are unequal to the exertions necessary It is critical to the people in Orlando rights nor our fundamental rights of for preserving it; if they will not fight and across the country that we pass privacy are dismissed. Please keep in for it when it is directly attacked; if this anti-terrorism bill to give our citi- mind we are not waiving in any way or they can be deluded by the artifices zens a sense of confidence and security voiding the Constitution today. The used to cheat them out of their lib- that our skies and country are going to provisions of this PATRIOT bill will erties; if by momentary discourage- be safer. I urge my colleagues to vote undoubtedly be tested and must with- ment or temporary panic or a fit of en- ‘‘yes’’ on this bill. stand challenge in a court of law. I be- thusiasm for an idea or an individual, Mr. CONYERS. Mr. Speaker, I yield 2 lieve they will meet the constitutional they can be deluded to lay their lib- minutes to the gentlewoman from Cali- test. erties at the feet of even a great man, fornia (Ms. WATERS), who is a very ef- But for now, the ability of our law or trust him with powers which enable fective member of the Committee on enforcement to uncover and ferret out, them to subvert their institutions, in the Judiciary and who played a big role particularly acts of terrorism, these all these cases they are more or less in our original work product. abilities are enhanced with this bill. unfit for liberty.’’ Ms. WATERS. Mr. Speaker, I rise in Clearly this is needed. The Attorney I urge my colleagues to listen to the voices strong opposition to this bill. This is a General, the chief law enforcement of- of these patriots and reject the so-called ‘‘PA- Senate bill that was voted out at 3 a.m. ficer on the Federal level in this coun- TRIOT’’ Act. I support my President, I support this morning. This bill is quite dif- try, has asked for this bill; and I be- law enforcement, but I also support the funda- ferent than the bill passed by the lieve it should be an effective one in mental rights and liberties of the American House Committee on the Judiciary. preventing more tragic events like people. Under the rules of the House, the Com- those that occurred September 11. I include the following for the RECORD. mittee on the Judiciary’s bill should have been heard on this floor and the I urge my colleagues to be in support PARTIAL LIST OF FEDERAL LAW ENFORCEMENT of this bill. AGENCIES differences between this bill and the I close with a statement by Thomas Border Patrol. House bill should have been worked out Paine on another September 11, some ATF. in a conference committee. 224 years ago, when he said, ‘‘Those Capitol Police. Mr. Speaker, we had a bipartisan bill, who expect to reap the blessings of Coast Guard. and John Ashcroft destroyed it. The freedom, must, like men, undergo the Customs. Attorney General has fired the first fatigues of supporting it.’’ Defense Investigative Service. partisan shot since September 11. Defense Protective Service. Mr. Speaker, both Democrats and Re- Mr. CONYERS. Mr. Speaker, I yield 2 DOD Police. minutes to the gentleman from Idaho Drug Enforcement Agency. publicans worked hard to come up with (Mr. OTTER), whom I am inviting to EPA. a bipartisan bill. Attorney General speak out of order for a special reason. FAA. John Ashcroft undermined the work of Mr. OTTER. Mr. Speaker, I thank the FBI. the Republican committee chairman, gentleman from Michigan for this Bureau of Prisons. the gentleman from Wisconsin (Mr. courtesy. FDIC Basic Inspectors. SENSENBRENNER), and the Democratic Mr. Speaker, I rise as many others GSA. ranking member, the gentleman from INS. have already said today to congratu- IRS. Michigan (Mr. CONYERS). late the chairman of the committee U.S. Marshals. Mr. Speaker, I serve on the Com- and the ranking member for the great National Park Service. mittee on the Judiciary. I consented to work and the great task which they un- Naval Criminal Investigative Service. some policies I did not particularly

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.061 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6763 care for. For the good of the House I innocent parties and provide relief to enhanced tracking system so that we compromised. Some of the Republicans immigrant victims of the September 11 could find out those who may have on that committee compromised also. attack. come in with vocational visas or stu- We had a bipartisan bill. However, many important changes dent visas or foreign visas, and find The bill before us today is a faulty added by the Committee on the Judici- them where they are. and irresponsible piece of legislation ary to fight terrorism and compensate We realize that this is a country of that undermines our civil liberties and victims were left on the cutting room great diversity, and we needed lan- disregards the Constitution of the floor last night. In particular, I added guage in this bill that says that this is United States of America. an amendment at markup to allow ac- not an attack on Islam, the Islamic This bill takes advantage of the trust cess to frozen assets of terrorist spon- faith, Muslims, or any other faith, or that we have placed in this administra- sor states for American victims after any other ethnic group. This means tion. Our law enforcement and intel- they obtained judgments from U.S. that we will not target people unneces- ligence community have all of the laws courts. sarily. A person from my State, a doc- and all of the money that they need to b 1500 tor, was taken all the way to New York do their job. Mr. Speaker, they failed because of his turban, but yet he was Unfortunately, today’s views reflect us; and now this Attorney General is found innocent. the views of the State Department bu- using this unfortunate situation to ex- This is a bill we can do better on, reaucrats who insist on protecting the tract extraordinary powers to be used America can do better. Let us stand on status quo, rather than helping the vic- beyond dealing with terrorism, laws our constitutional principles, include tims of state-sponsored terrorism. Jus- that he will place into the regular hate crimes language in this. Mr. tice for past, present, and future vic- criminal justice system. Speaker, this Nation can do better. I tims of state-sponsored terrorism may The question to be answered today is am proud to be an American, but today have to wait until another day. But can we have good intelligence and in- I want a bill that stands for what this fight is not over. I intend to re- vestigations and maintain our civil lib- America believes in. introduce that bill in the near future. I erties? This bill says no. I say yes. Let Today, the House will answer the recent ter- urge my colleagues to support this bill. us not give away our privacy. Let us Mr. CONYERS. Mr. Speaker, I yield 2 rorist attacks against the United States and not undermine our constitutional minutes to the very vital, thoughtful the world by passing, arguably, the most rights. gentlewoman from Houston, Texas (Ms. sweeping piece of law enforcement legislation The gentleman did not finish the JACKSON-LEE), the ranking member of of our lifetime. While the rules and procedures quote by Patrick Henry. He said: ‘‘Give the Subcommittee on Immigration and that have let to this legislation began fair and me liberty or give me death.’’ I say the Claims on the Committee on the Judi- balanced, the recent process in the Senate, same today. Vote ‘‘no’’ on this bill. ciary. the House Rules Committee and the version Mr. SENSENBRENNER. Mr. Speak- (Ms. JACKSON-LEE of Texas asked before us today are at best deplorable. er, I yield 2 minutes to the gentleman and was given permission to revise and Having said that, the need for anti-terrorism from Utah (Mr. CANNON). extend her remarks.) legislation is great. Indeed, Alexander Ham- Mr. CANNON. Mr. Speaker, I rise Ms. JACKSON-LEE of Texas. Mr. ilton, in Federalist No. 24 noted that ‘‘there are today in support of today’s version of Speaker, let me first of all acknowl- various considerations that warn us against an the anti-terrorism legislation. It rep- edge the work done by the chairman of excess of confidence or security,’’ not the resents a significant improvement over this committee, the gentleman from least of which were and are today the con- both the draft administration legisla- Wisconsin (Mr. SENSENBRENNER), and stantly changing global political landscape and tion and the Senate version passed last the gentleman from Michigan (Mr. the fragility of our political ties abroad. Today, night. The bill strikes an appropriate CONYERS). A lot has been made of the we must and will answer this warning. current balance between civil liberties fact that there are two, two distinct We must bring to justice the terrorists who and providing the Government with the views of our Constitution and maybe targeted the passengers and crews of Flight tools needed to protect our Nation to some of the issues, and maybe some 77, Flight 11, Flight 93, and Flight 175; those win this war on terrorism. views that are very much the same, serving our great Nation at the Pentagon, both The process used to craft the bill worked harmoniously together, which civilian and military, and the thousands of in- could have been better, and I am dis- overcome obstructions and presented a nocent civilians and rescue workers who were appointed in some aspects of the final bill to this House. If we could have pre- killed or injured at the World Trade Center and product. In fact, we did better with the sented it, that would have made Amer- throughout New York City. These include: Committee on the Judiciary bill re- ica proud. 4,815 people reported missing to the New ported unanimously. I stand with the Founding Fathers, York Police Department from the World Trade I would like to thank the gentleman although many of us were not created Centers, including the 157 people on the two from Wisconsin (Chairman SENSEN- equal at that time. But Alexander hijacked planes, 417 confirmed dead, and 366 BRENNER) and also the ranking mem- Hamilton said there were various con- bodies identified. In the Pentagon strike, 64 ber, the gentleman from Michigan (Mr. siderations that warn us against an ex- people have been confirmed dead on the hi- CONYERS), who both, along with their cess of confidence or an excess of secu- jacked plane and an additional 125 dead or staffs, worked very hard to keep key rity. missing. Lastly, in the Somerset County, compromises in the legislation that is I would like to support this bill be- Pennsylvania crash, 44 people have been now before us. cause I believe we must bring the ter- confirmed dead. Our fallen brothers and sis- I know that the gentleman from Wis- rorists to justice, and we had a bill ters deserve the justice that each and every consin (Chairman SENSENBRENNER) that all of America could stand proud one of us in this room has the power to pro- fought tirelessly over the last few days of: one that protected the Constitution, vide. And we will do it. to preserve our committee’s consensus civil liberties, civil rights, and the Bill Alexander Hamilton warned us in Federalist legislation, or many of the elements. of Rights. What American will stand up No. 25 that ‘‘it is a truth, which the experience Among the key elements, improve- and pledge allegiance to the flag, as we of ages has attested, that the people are al- ments which are made and preserved in did today on this floor, and yet stomp ways most in danger when the means of injur- today’s bill, are a 5-year sunset for the on civil liberties? None of us. ing their rights are in the possession of those bill’s most difficult provisions; an ex- The legislation we have now does not of whom they entertain the least suspicion.’’ plicit prohibition on capturing content allow those who are detained to appeal Today, despite the travesty of process that information from electronic commu- their case to the Supreme Court. The has befallen many of us in Congress, we must nications under pen register and trap- legislation we have now does not an- heed his warning. We must do so deliberately, and-trace authorities; a no-technology swer the problem of those who come with purpose and with surgical precision. Our mandate that ensures communication into this country legally, with legal goal must be to identify and correct the pre- providers cooperating with law enforce- visas or visas that have been waived, cise problems that exist under our current ment do not have to bear needless bur- and yet now do terroristic acts. laws which hinder our investigatory and dens; immigration provisions that Legislation that I would have offered prosecutoral efforts. If, however, we act with- should prevent indefinite detention of in amendment would have provided an out such due precision, we risk loosing the

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00059 Fmt 0636 Sfmt 9920 E:\CR\FM\K12OC7.063 pfrm01 PsN: H12PT1 H6764 CONGRESSIONAL RECORD — HOUSE October 12, 2001 very freedoms, liberties, and constitutional ten- would allow for indefinite detention in some law enforcement has all the tools, all ants that are the foundation of this free society circumstances. My amendment would have the resources, and all the laws they and all free societies around the world—due sunset this after a period of five years after need to protect us. I could not disagree process, a presumption that people are inno- enactment which would preserve the authority more. I think September 11 has proven cent until proven guilty, the right to defend of the Attorney General under Title II. This to us very clearly that we need more oneself and to confront the evidence against would have also provided a safety net that resources and more tools for law en- oneself, and the protections of judicial review. would enable Congress to review the manner forcement and the Permanent Select If we loose sight of these simple principles, we in which the Department of Justice carries out Committee on Intelligence. have truly lost this war to the extremists who the awesome powers we are giving it. The need to move carefully must be seek our demise by any means. 6. Information Sharing.—Currently, there is balanced with the need to move quick- The bill before us today eviscerates the a disconnect between the INS and consular ly. We have deployed forces. We have work of the House Judiciary Committee. Most officers abroad. My amendment would have been threatened with a jihad. We are members of that Committee would agree that directed the Attorney General to ensure that still cleaning up the debris of the this bill is far too sweeping and offensive to the INS acquires the requisite information World Trade Center and the Pentagon. the civil liberties that we enjoy in this country. technology necessary to permit such consular We must move quickly. We must make So while I commend my colleagues in Judici- officer to use such information for immigration sure that we are prepared, that we are ary for helping to omit from the House version enforcement purposes. safe, that this will never happen again. offensive provisions such as the provision These improvements in the bill would have Debate is important; rhetoric is good. which would have penalized innocent spouses recognized the importance of a fair and just We should debate ideas. But there is and children of inadmissible aliens; the provi- legal process for all Americans and for all of also a time and place for action. Today sion which would have provided a simple ‘‘rea- our guests. is the time. This is the place for action. son to believe’’ evidentiary standard as a These acts of terrorism targeted, not merely Let us get this done as quickly as we predicate to mandatory detention; and for Americans, but rather, they targeted men, can now. Let us get this over to the tightening up the ‘‘guilt by association’’ sec- women, and children from around the world, Senate. Let us hope that they act tion, I am outraged that our efforts were for- killing hundreds from Britain, more than 130 quickly. Let us get this to the Presi- Israelis, more than 250 from India, and scores saken. dent’s desk, and let us get these tools As Ranking Member of the subcommittee of others from El Salvador, Iran, Mexico, in the hands of law enforcement. They on Immigration and Claims, I find several im- Japan and elsewhere. Indeed, these were at- need it, and our citizens deserve no migration provisions particularly offensive. tacks against all people, and against all hu- less. 1. Judicial Review.—Currently, the bill pro- manity. As such, the legislation and the issues Mr. CONYERS. Mr. Speaker, I yield 1 vides for a single judicial review process in the before the House today concerns not only this 2 ⁄2 minutes to our esteemed colleague, Federal District Court for the District of Colum- great Nation’s security today, but will have a the gentleman from New York (Mr. bia. This is unfairly burdensome, particularly to profound effect on children, and freedom-lov- NADLER). When tragedy struck Sep- tember 11, Mr. Speaker, it was in his people with little money or resources. My ing people around the world for generations to district. amendment would have provided for such re- come. So while many of us deplore the process (Mr. NADLER asked and was given view in any Federal District Court. that has befallen us, as Members of Con- permission to revise and extend his re- 2. CIPRIS Program.—This program deals gress, we are united and determined to give marks.) with acquiring information of exchange visitors, our law enforcement agencies the tools and Mr. NADLER. Mr. Speaker, last year foreign students, and people admitteed on vo- resources that they need to do the job; so that candidate George Bush pledged to seek cational visas. Currently it is a fee-based pro- we may preserve the freedoms and liberties of repeal of the secret courts provision of gram. My amendment would have appro- all peoples; so we ensure that justice is deliv- the 1996 antiterrorism bill because he priated money for the program and would re- ered swiftly, deliberately, and without preju- claimed to understand that the law was quire that the program be implemented one dice; and so that we may work towards a passed hastily and that this provision year after the passage of this bill. It would world free from terror, bigotry, and lawless- at least endangered civil liberties with- have also required the Attorney General to ness. out contributing to national security. share this information with the FBI and the At the Pentagon services this past Wednes- Now the President, the same George State Department. day the President assured us all that ‘‘[w]e will Bush, and the leadership of this House 3. Targeting (Racial Profiling).—We must continue until justice is delivered.’’ I hope that is insisting that we again enact hast- study the effects of this bill in proliferating the we may assure it by coming together once ily, and again in the name of national deplorable process of racial profiling. To this again as Members of Congress from both security and antiterrorism, act so hast- end, my amendment would have amended sides of the aisle and from around this great ily as probably to endanger our civil Section 235(a)(3) of the INS with a new para- Nation. liberties without necessarily helping graph which states: The GAO shall conduct a Mr. SENSENBRENNER. Mr. Speak- our security. study not later than 2004 to determine the ex- er, I yield 2 minutes to the gentleman The bill we passed in the Committee tent to which immigration officers conducting from Wisconsin (Mr. GREEN). on the Judiciary was a balanced bill inspections under 235 of the Immigration and Mr. GREEN of Wisconsin. Mr. Speak- that would have enhanced our security Nationality Act are targeting individuals based er, I thank the gentleman for yielding without endangering our civil liberties. on race, ethnicity and gender. time to me. Now we have a 187-page bill with a lot 4. Hate Crimes.—The backlash of the Sep- Let me begin by congratulating the of provisions in it. tember 11, 2001 attacks have put American chairman on the work product before What I am about to say I hope is ac- against American. Murders and attacks us. Both he and the ranking member curate, but I cannot be sure, because against citizens resembling Middle Easterners have done a wonderful job in getting us we have only had time to glance quick- have occurred. Innocent people died because to this point today. ly through this bill. We have not had they looked like the Islamic extremists alleg- Mr. Speaker, I stand today in strong time to properly review it, to send it edly responsible for the September 11th trage- support of this legislation. I believe out to law schools, to send it out to dies. Now, more than ever, we need legisla- that this legislation balances the need civil libertarians to get comments tion to punish crimes motivated by hate to move quickly with the need to move back so we can make an intelligent against ethnicity, religion, and gender. These carefully. judgment. crimes cannot be tolerated. Under my amend- First, the need to move carefully. If We cannot wait until Tuesday. We ment, a perpetrator who willfully commits a we listen to the rhetoric from the other passed out the bill from committee last crime motivated by hate would have been im- side, it sounds like we are making all week. We wasted a whole week, but prisoned a minimum of 10 years or fined, or these dramatic, broad changes in laws. now we cannot wait 3 days. We must both; or imprisoned up to life and fined, or In fact, what we are doing today pri- rush to judgment on this bill. both, if the crime results in death, kidnapping, marily is modernizing our laws, help- Let me give three provisions of this or aggravated sexual abuse, or an attempt of ing law enforcement to deal with evolv- bill that look, to a hasty reading, dan- any of these crimes. ing technology and evolving threats. gerous. 5. Sunset Title II.—Currently Title II which The good gentlewoman from Cali- Section 203 says that ‘‘secret grand deals with detention and removal of aliens fornia said a few moments ago that our jury information can be shared without

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.020 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6765 a court order,’’ upsetting all American and urgently needed changes. I com- Since September 11th, the heightened se- legal tradition, ‘‘if notice is given to mend the chairman of the committee, curity levels have made us aware how under- the court within a reasonable period and I commend my colleagues to sup- staffed we are along our northern border. This after the sharing.’’ port them. is a serious problem, it is unacceptable, and But, of course, the whole point of the Mr. CONYERS. Mr. Speaker, it is my must be corrected in the short and long term. current law is that a court, not some pleasure to yield 2 minutes to the gen- We must make sure that land, air, and sea- FBI agent, should decide if secret tleman from Michigan (Mr. DINGELL), ports are adequately staffed across the nation. grand jury information is appropriate the dean of the House. This must include our northern border. for sharing with other agencies. Now (Mr. DINGELL asked and was given To our INS and Customs inspectors as well the FBI agent decides it on his own and permission to revise and extend his re- as our Border Patrol, I would like to commend tells the court later, and the court has marks.) them for their tireless efforts. Their efforts nothing to do except to say thanks for Mr. DINGELL. Mr. Speaker, we are have helped greatly during the last month. the information. considering under a very strange rule a However, with current staffing levels we are Section 213 permits law enforcement very strange process which has re- still encountering long lines at our ports of to delay notification of search war- sulted in a bill which is quite different entry and continuing security concerns. rants in any criminal investigation. than reported by the committee. In particular, trade has been seriously stifled There may be justification for delaying I wanted to commend the distin- with our Canadian neighbors. For several days notification of a search warrant some- guished chairman and the distin- following September 11th, there were up to 14 times, but in all criminal investiga- guished ranking member for the superb hour waits to cross between Canada and tions? What does that have to do with work which they did in crafting what I Michigan. Lines are still long, as waits run into terrorism? thought was a very fine bill. Somehow the hours. While this was understandable Finally, there is a provision in the last night we found ourselves with a given the gravity of the situation immediately bill on our hands which is quite dif- bill that essentially allows the Attor- after the September 11th attacks, it is com- ferent than that which was presented ney General, by stating he has reason- pletely unacceptable that our economy has to the House by the committee, after able grounds to believe that someone been placed at risk due to insufficient numbers very thoughtful and careful work lead- here who is not a citizen, that may be of border personnel. Automobile plants need- ing to an overwhelming bipartisan deportable, he has 7 days to start de- ing parts have closed, and hospitals have vote. portation proceedings; but once he What we are doing today is not con- been understaffed because their employees does, that person can stay in jail for- sidering just a few simple questions have been unable to cross our ports of entry ever. He can sue under habeas corpus; like expenditures of money. We are in a timely fashion. These are just some of the but if the court then says, okay, you dealing today with basic constitutional reasons why our border requires more INS can keep him in jail, it is not review- rights. Ordinarily these are matters of and Customs inspectors. Over 82 percent of able again ever. the highest importance and are consid- goods originating in Michigan are exported to So they can throw away the key and ered with great care under a rule, in an Canada via truck. 70 percent of Canada-U.S. forget about him forever? Is that open process, because, after all, these trade and 80% of Ontario-U.S. trade, by value, American justice, or is that the Count are the things upon which Americans moves by truck. The largest portion (38 per- of Monte Cristo? We ought to review rely for their personal security and for cent) of Ontario’s exports by road is destined this bill carefully and not pass it their understanding that their rights for Michigan. Without optimum force levels of today. are protected. Customs and INS inspectors, the State of Mr. SENSENBRENNER. Mr. Speak- All of a sudden sometime, probably Michigan will continue to pay greatly for the er, I yield 1 minute to the gentlewoman last night, the Attorney General snuck loss in trade attributed to long lines at our from Pennsylvania (Ms. HART). up here to have a meeting. The result ports of entry, both to and from Canada. In Ms. HART. Mr. Speaker, we have lis- is that the bill suffered some extraor- addition, the economies of our neighboring tened to a lot of comments about addi- dinary changes, all of which deal with states and Canada will suffer. tional measures people would like to the basic, fundamental rights of Ameri- I will work with other committees and appro- see in this antiterrorism initiative. I cans in ways very different and prob- priations that are seeking to secure our north- believe that further discussions on this ably much more unfavorably than did ern border and ensure that adequate funding initiative and ways to crack down on the committee bill. is given to INS and Customs for optimum terrorism will be constructive. We are This is not the way. The United force levels along our northern border. Failure certainly most interested in making States is not so threatened that we to address problems along our northern border our Nation safer. have to throw away our rights without in a comprehensive manner jeopardizes our But as a member of the Committee careful consideration, and that we have security and economy. I urge my colleagues to on the Judiciary, I believe that we can- to disregard the careful and thoughtful act expediently in providing a remedy for the not delay the bill simply because it is and fine work done by the chairman, serious shortfall of INS and Customs officials not everything to everyone. To delay the committee, and by my distin- in Michigan. the bill is to fail to move forward, to guished friend, the ranking minority Mr. Speaker, using the regular committee fail to move forward on critical re- member. process that has served us so well, we can forms, including giving local, State, I find this a distressing process, one protect the nation from terrorists in a swift and and Federal law enforcement badly which reflects very poorly on the orderly fashion. I am not sure this kind of ac- needed tools to fight terrorism and pro- House—and one which indicates a great tion protects the peoples’ basic liberties. We tect Americans. distrust and dislike for the work of the can protect the Constitutional rights of our It would be a failure to move forward committee, which was superb—and for people from the whims of the attorney general, on updating our wiretap and surveil- the basic fundamental liberties of the the Republican Administration, and the Repub- lance laws to recollect the advances in people of the United States. lican leadership of this House. A bill, which technology that have changed how ter- I find it denigrating basic constitu- would have achieved overwhelming support by rorists communicate and giving them tional rights, and I find it to have been the Congress, has been cast into question by an advantage. It would be a failure to done in a sneaky, dishonest fashion. It this irregular process, and basic American lib- move forward on allowing the sharing reflects very poorly on this body. erties are being put into question. However, of criminal information within the in- Mr. Speaker, I rise in strong support for in- despite this egregious breach of House proce- telligence community, coordinating creasing security along our northern border. I dure, these border concerns are so great that our resources, and making it harder for would also like to commend the Judiciary I support the PATRIOT Act of 2001. terrorists to bury their tracks in bu- Committee for the language in the bill it re- Mr. SENSENBRENNER. Mr. Speak- reaucratic red tape. It would also pre- leased that triples Border Patrol personnel and er, I yield 1 minute to the distin- vent us from making the simple but INS inspectors along our northern border. Un- guished gentleman from Connecticut critical change that makes harboring fortunately, I do not support the tactics used (Mr. SHAYS). terrorists a crime. by the Republican leadership that has sub- Mr. SHAYS. Mr. Speaker, because I Mr. Speaker, failure to support this stituted an entirely different bill in place of the believe our country could face a chem- bill today is to ignore these critical bipartisan House Judiciary Committee bill. ical, biological, radioactive, or, heaven

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.066 pfrm01 PsN: H12PT1 H6766 CONGRESSIONAL RECORD — HOUSE October 12, 2001 forbid, nuclear attack by well-orga- their lives learning what they need to unfortunate combination of bad luck nized groups of fanatic terrorists, I rise know in order to see that the House on our part, good luck on the part of in strong support of the PATRIOT Act. makes the right judgments. the terrorists, very careful planning on I believe this bill is necessary, and we When the committee system is over- the part of the terrorist, very poor have no time to waste. ridden, as is the case in this instance, planning, perhaps, very poor execution Mr. Speaker, in particular, I want to offer my and when bills instead are written by a on the part of some of our Federal, praise for a section of this legislation designed few people in conjunction with House State, and local agencies. to ensure the State Department has access to leadership, that turns a legislative Therefore, I do not believe we ought U.S. criminal databases before permitting body into nothing but a political body; to be in any rush to judgment to di- aliens to enter the United States. and it means that in the end, virtually minish our freedoms in the misguided Last year, the Government Reform Sub- all of the decisions made are made on conception that it is those freedoms committee on National Security, which I chair, the basis of political power, not on the that gave rise to the attacks on Sep- began a series of meetings and briefings to basis of intellectual persuasion. tember 11. I commend the chairman of discuss inter-agency data-sharing. b 1515 the Committee on the Judiciary and On July 24th of this year, our Subcommittee That is a fundamental danger to a le- others who worked very hard to craft a held a hearing on Federal Interagency Data gitimate legislative body and certainly very necessary and vitally important Sharing and National Security. to the greatest legislative body in the balance between giving law enforce- That hearing taught us effective border se- world, it is a mortal blow. ment those narrowly crafted tools it curity begins with our embassies, where U.S. I do not know what the right vote is needs and protecting the civil liberties, visas are issued. on this bill because I do not know the including the right to privacy, of Unfortunately, the State Department cur- consequences. I do not know how much American citizens. rently lacks the ability to access the FBI’s Na- danger this bill will actually do to the Is this a perfect bill? No, it is not a tional Criminal Information Center’s Interstate terrorists. But I do know how much perfect bill, and I know the distin- Identification Index database. damage the way this bill is being con- guished chairman would be the first to That means an alien can come into our sidered by the House will do to this in- admit that. Is there much further work country, commit a crime, leave, and get a re- stitution and none of that is because of that needs to be done? Yes, there is entry visa from our State Department or cross any action taken by the gentleman much further work that needs to be the border without being stopped. from Wisconsin (Mr. SENSENBRENNER). done. I think that all of this means In 1996, the FBI and State Department This House must operate on the basis that it is absolutely imperative that issued a joint report recommending the State of shared information and shared deci- we take very seriously the sunset pro- Department receive limited access to the sion-making if it is to truly get vision in this bill that at least gives us NCIC–III database so the State Department through these trying days. This is a an opportunity to evaluate how these could better identify aliens with a criminal sorry day in the history of the House. important, momentous provisions that background in our country and prevent their Mr. SENSENBRENNER. Mr. Speak- we are granting Federal law enforce- entry. er, I yield myself 1 minute. ment will be used. Nevertheless, for four years this report lay Mr. Speaker, none of the provisions I also think it is important to realize dormant while the Departments could not find in what we are considering today are that there were important concessions a mutually agreeable way to institute their rec- new and a surprise. The base bill is the by the administration made in crafting ommendations. bill that was produced by the other this version of this bill. Am I happy This gap in data-sharing between Depart- body. That has been out there for over with it? No, I do not think this is a ments is no longer simply a matter of bureau- a week. There have been some modi- happy piece of legislation. It is not a cratic inertia, but a threat to national security. fications made to this bill in an at- happy set of circumstances that brings Mr. Speaker, protecting our borders against tempt to avoid a conference. Many of us to the point where we have to con- dispersed but deadly criminals and terrorists the modifications were made at the re- sider amending our criminal laws and requires interagency cooperation on an un- quest of the minority party in the criminal procedures. But I do think on precedented scale. House of Representatives. balance it is important to pass this This legislation is a step in the right direc- Now, I agree that this process is not tion. I’m pleased Attorney General John piece of legislation, monitor it very an ideal process and this is not a per- carefully, and take seriously our re- Ashcroft included this provision in the anti-ter- fect compromise, but there are a num- rorism proposals he submitted to Congress, sponsibility to exercise the power that ber of House provisions in this bill, we are granting in the sunset provi- and I commend the Judiciary Committee for none of which are a surprise that was including it in the PATRIOT Act. sion. written in the middle of the night. The The SPEAKER pro tempore (Mr. Mr. CONYERS. Mr. Speaker, it is my bill does not violate the Constitution. privilege to yield 2 minutes to the gen- NETHERCUTT). The gentleman from It protects our vital fourth amendment 1 tleman from Wisconsin (Mr. OBEY), the Michigan (Mr. CONYERS) has 8 ⁄2 min- rights; and with a clear and present utes remaining. The gentleman from ranking member of the Committee on danger facing our country, I believe it Appropriations. Wisconsin (Mr. SENSENBRENNER) has 31⁄2 is imperative that we act expedi- minutes remaining. Mr. OBEY. Mr. Speaker, I have tre- tiously. mendous respect for the chairman of Mr. Speaker, I yield 2 minutes to the Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume. the Committee on the Judiciary, and I gentleman from Georgia (Mr. BARR). know he is trying his best; but I am Mr. BARR of Georgia. Mr. Speaker, I Mr. Speaker, my colleagues and I highly distressed for one simple reason: thank the gentleman from Wisconsin need to do everything within our power I do not, and neither do most of the (Mr. SENSENBRENNER), the distin- to find the responsible persons and par- Members of this House, have any real guished chairman of the Committee on ties that have caused this attack on idea about what is in this bill or what the Judiciary, not only for yielding me the United States and to bring them to the consequences are. We know some of time, but also for his very tremendous justice and to end the blight of ter- the rough outlines; we do not know the leadership on this most important of rorism everywhere around the world. details. issues. But at the same time we must all re- This House, under the Constitution, The terrorist attacks on this Nation member that just as this horrendous is essentially a political body. What that occurred on September 11 did not act could destroy us from without, it makes it a legislative body is the com- occur because of freedoms that we have can also destroy us from within. mittee system, because on the commit- in this country under our Constitution. Historically it has been at times of tees we have people who have built up They did not exist because our Con- inflamed passion and national anger years and years of expertise. The way stitution guarantees all of us the right that our civil liberties have proven to this has become the greatest legisla- to be free from unreasonable searches be at greatest risk. The unpopular tive body on the face of the Earth is be- and seizures. group of the moment happens to be cause we have relied upon the expertise The attacks that occurred on Sep- subject to prejudice and deprivation of of people on the committees who spend tember 11 occurred because of a very liberties.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00062 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.070 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6767 Alien and Sedition Acts in 1798 made know might be financing terrorists. freedom ring even as we travel through it a Federal crime to criticize the gov- Most importantly of all, we have lost the valley of the shadow of terrorism, ernment. At the beginning of the Civil the 2-year sunset. What are we left for freedom is a sweeter melody. War, Abraham Lincoln, no less, sus- with? A measure that is in no way lim- The terrorists have aimed their at- pended the writ of habeas corpus citing ited to terrorism. It is a bill that pro- tack on the fundamental freedoms of the need to repress an insurrection vides broad new wire tap authorities all law-abiding Americans. They have against the laws of the United States. that might be used to minor drug of- attacked our right to life, to liberty, to Ulysses Grant sought to expel Jews fenses, to firearm violations to anti- pursuit of happiness, to freedom of as- from the Southern States of this Na- trust crimes, to tax violations, to envi- sociation, freedom of mobility, freedom tion. World War II brought about the ronmental problems, literally to every of assembly, and freedom from fear. shameful internment of Japanese single criminal offense in the United Freedom is not just 50 States. Free- Americans which even the Supreme States code. So for all of us that know dom is a state of mind. Freedom is our Court failed to overturn. And what our history, we have been down this National anthem here in the land of about the McCarthy era of the 1950’s? road before. the free and the home of the brave. Guilt by association. All I am saying to you is that I am Let freedom ring. If freedom is under So we face a situation now that re- going to do the best that I can no mat- attack from outside sources, then let quires care. Well, certainly we must ter what happens here today to make us not permit an attack from within. It update our counterterrorism laws so sure, with the gentleman from Wis- is an attack on freedom to let govern- they reflect the 21st century realities. consin (Chairman SENSENBRENNER), ment come into the home of any Amer- But new expansion of government au- that we convince our own administra- ican to conduct a search, to take pic- thorities should be limited to properly tion and, yes, our own House leadership tures without notification. It is an at- defined terrorist activity or threats of to realize that this is not a time to tack on freedom to give the govern- terrorism. And with increased Federal compromise the Constitution. There is ment broad wiretap authority. It is an power, we must ensure accountability no reason for us to sacrifice civil rights attack on freedom to permit a secret and oversight. We also need to dras- to increase security. grand jury to share information with tically improve airport security by in- Mr. Speaker, I reserve the balance of other agencies. It is an attack on free- creasing training and compensation for my time. dom to create laws which can endanger those that are at such an important Mr. SENSENBRENNER. Mr. Speak- legitimate protests. point in our national transportation er, I yield 1 minute to the gentleman Tens of thousands of men and women system. from Florida (Mr. DEUTSCH). are getting ready to journey far from But by forcing us to take up a bill in Mr. DEUTSCH. Mr. Speaker, I rise the shores of our Nation. They are this manner, the administration unfor- today in strong support of the legisla- being asked to defend some of the very tunately has chosen to fire the first tion. Maybe I am looking at it too sim- rights this legislation would take shots of partisanship after September ply, but I think maybe sometimes sim- away. Patriots are those who, in times 11. One week ago, the Committee on ple can really give us clear answers. of crisis, do not give up their liberties the Judiciary passed a bill 36 to 0, We are at war. We are in a war right for any cause. every member of every persuasion sup- now, and the reality is that the bill as ‘‘Long may our land be bright with ported the bill that was worked on by it passed out of the House really did freedom’s holy light; protect us by thy the chairman, myself, and all the mem- not acknowledge that. There was some might, great God, our King.’’ bers. There was good process. There specific provisions in the bill only deal- b 1530 was ample debate. No one was cut off. ing with terrorism that the bill was No amendments were prevented. And in passed out of the Committee on the Ju- Mr. SENSENBRENNER. Mr. Speak- that environment, we agreed to sunset diciary did not provide for that the bill er, I yield the balance of my time to the expansion in government surveil- in front of us does today. Specifically, the distinguished majority leader, the lance power that are in this bill to 2 the bill out of the Committee on the gentleman from Texas (Mr. ARMEY), to years. It would have given the adminis- Judiciary did not allow classified infor- wrap this up. tration not only the emergency powers mation to be used against terrorists in The SPEAKER pro tempore (Mr. it requested on an expedited basis, but courts in terms of property. NETHERCUTT). The majority leader is at the same time allow us in Congress The bill, as passed out of the Com- recognized for 21⁄2 minutes. to revisit the issue after 2 years. What mittee on the Judiciary, had a criminal Mr. ARMEY. Mr. Speaker, let me is wrong with that? We sunset civil standard that specifically, and I quote, begin by thanking the gentleman from rights laws. We sunset environmental has committed or is about to commit a Wisconsin for yielding me this time, laws. We sunset labor laws. terrorist act. Not as the bill now does, and let me thank the gentleman from Well, I can only tell my colleagues a standard reasonable grounds to be- Wisconsin and, indeed, the gentleman that until last night we had a bill that, lieve that a person being harbored will from Michigan, and all the members of had we brought it to the floor, would commit a terrorist act. A significant the committee for their hard, diligent have literally passed almost unani- difference. work. mously in this Congress. I do not think The bill passed out of the Committee It seems like only yesterday when anyone disputes that. But now what we on the Judiciary had a limitation on a the horrible, frightening tragic inci- have nobody knows. So it seems to me grand jury sharing information on ter- dent in New York, here at our Pen- that we have to move very, very care- rorist situations. tagon, and in the fields of Pennsyl- fully. We have a situation today that the vania occurred. Just a few days after- We have a problem. There is no provi- downside of not uncovering terrorists wards, this Congress rose-up and vali- sion protecting our own citizens from potentially really are catastrophic, nu- dated, confirmed, and affirmed our CIA wiretaps under the FISA court. clear, biological, or even nuclear catas- President as Commander in Chief and There is no provision ensuring the gov- trophes. We need to pass the legislation said, ‘‘We stand with you, Mr. Presi- ernment does not introduce informa- to provide the tools to prevent that dent, with all the resources that you tion in a court obtained from illegal e- from happening. can muster. You are our Commander in mail wiretaps. There is no provision Mr. CONYERS. Mr. Speaker, I yield Chief. Let us wage war on these terror- limiting the sharing of sensitive law 11⁄2 minutes to the distinguished gen- ists and let us win that war.’’ enforcement information to inappro- tleman from Ohio (Mr. KUCINICH). Since that time, we have responded priate personnel. Mr. KUCINICH. Mr. Speaker, ‘‘My to the national emergency with as Guess what? There are 35,000 law en- country ’tis of thee, sweet land of lib- much as 100 billion dollars, and we did forcement jurisdictions in the United erty, of thee I sing; land where my fa- so with a measure of ease. It was the States of America. There is no provi- thers died, land of the pilgrims’ pride, right thing to do. We did it, and we did sion protecting immigrants from being from every mountainside let freedom it together. Now we take on a more dif- deported for donating money to hu- ring.’’ Let freedom ring in the ears of ficult task: How do we make all the manitarian groups that they did not those who wants to still its sound. Let agencies of the Government, in this

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00063 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.073 pfrm01 PsN: H12PT1 H6768 CONGRESSIONAL RECORD — HOUSE October 12, 2001 case, with this legislation 80 agencies to oversee that activity, to review it, House Judiciary Committee worked to put into of the Federal Government, from the and to choose to reauthorize or not. I the version of the bill they considered. In fact, CIA to the border patrol, more re- am proud of that language, and I am the process under which we are asked to con- sourceful in intervening against terror- proud of the minority for offering it. sider this bill makes it nearly impossible to ful- ists while protecting the precious Bottom line is this, Mr. Speaker: as fill our constitutional responsibility to carefully rights of the American people for we started this effort, we knew some- consider measures which dramatically in- which we fight in the first place? It is thing from historical experience. The crease government’s power. a difficult job, and one that was han- world is replete with stories of strong Many of the most constitutionally offensive dled admirably by this committee. governments who have maintained measures in this bill are not limited to terrorist I have heard a lot of complaints their own security by trespassing offenses, but apply to any criminal activity. In about this bill as we find it today. Peo- against the rights of even their own fact, some of the new police powers granted ple say we do not know what it is. people. Strong governments can make the government could be applied even to Well, we know what the base bill is. We themselves secure. We have seen that those engaging in peaceful protest against have known what was in the other body too many times. But we have known, government policies. The bill as written de- for a long time. Anyone who cared to the committee has known, this Con- fines terrorism as acts intended ‘‘to influence do so could have done as I did last gress knows and the White House the policy of a government by intimidation or night, sit and watch the other body knows that a good government makes coercion.’’ Under this broad definition, should pass that bill. My colleagues could the people secure while preserving a scuffle occur at an otherwise peaceful pro- have watched the debate as I did. They their freedom. And that is what this life demonstration the sponsoring organization could have heard the arguments and bill is. That is why we should not only may become the target of a federal investiga- descriptions as I did. They could have vote for it, but we should thank our tion for terrorism. We have seen abuses of watched. lucky stars we are in a democracy law enforcement authority in the past to har- I want to point out that those of us where we have that right. ass individuals or organizations with unpopular who watched, those of us who have a Mr. PAUL. Mr. Speaker, the shocking at- political views. I hope my colleagues consider heartfelt commitment to our liberties tacks on the World Trade Center and the Pen- that they may be handing a future administra- as American citizens, those of us that tagon have reminded us all that the primary tion tools to investigate pro-life or gun rights did might have enjoyed the other gen- responsibility of the federal government is to organizations on the grounds that fringe mem- tleman from Wisconsin, the distin- protect the security and liberty of our nation’s bers of their movements advocate violence. It guished Senator FEINGOLD, as he val- citizens. Therefore, we must do what we can is an unfortunate reality that almost every po- iantly fought for those committed to to enhance the ability of law enforcement to litical movement today, from gun rights to the liberties of the American people by prevent future terrorist attacks. For example, environmentalism, has a violent fringe. repeatedly offering on the floor of the the federal government can allow enhanced I am very disturbed by the provisions cen- other body last night many of the pro- data-sharing among federal agencies that deal tralizing the power to issue writs of habeas visions that this bill adds to that base with terrorism. The federal government should corpus to federal courts located in the District bill. And, Mr. Speaker, it broke my also forbid residents of countries which spon- of Columbia. Habeas corpus is one of the heart to watch the distinguished gen- sor terrorism from receiving student visas as most powerful checks on government and tleman from South Dakota, the Demo- well as prohibit residents of terrorist countries anything which burdens the ability to exercise cratic Senate majority leader, move to from participating in programs which provide this right expands the potential for government table each of Senator FEINGOLD’s dear- special privileges to immigrants. In fact, I have abuses of liberty. I ask my colleagues to re- ly protective amendments. introduced my own anti-terrorism legislation, member that in the centuries of experience POINT OF ORDER the Securing American Families Effectively with habeas corpus there is no evidence that Mr. OBEY. Point of order, Mr. Speak- (SAFE) Act, which strengthens the ability of it interferes with legitimate interests of law en- er. law enforcement to track down and prosecute forcement. HR 3108 also codifies one of the The SPEAKER pro tempore. The gen- suspected terrorists as well as keep potential most common abuses of civil liberties in re- tleman will suspend. terrorists out of the country. cent years by expanding the government’s The gentleman from Texas (Mr. There is also much the federal government ability to seize property from citizens who ARMEY) will refrain from character- can do under current existing law to fight ter- have not yet been convicted of a crime under izing the actions of Senators. rorism. The combined annual budgets of the the circumvention of the Bill of Rights known Mr. OBEY. I thank the Chair. FBI, the CIA and various other security pro- as ‘‘asset forfeiture.’’ The SPEAKER pro tempore. The gen- grams amount to over $30 billion. Perhaps Among other disturbing proposals, H.R. tleman may proceed. Congress should consider redirecting some of 3108 grants the President the authority to Mr. ARMEY. Each and every one of the money spent by intelligence agencies on seize all the property of any foreign national those efforts was tabled in the other matters of lower priority to counterrorism ef- that the President determines is involved in body. And this committee worked with forts. Since the tragic attacks, our officials hostilities against the United States. Giving the the White House to restore those pro- have located and arrested hundreds of sus- executive branch discretionary authority to tections to the base bill so that we can pects, frozen millions of dollars of assets, and seize private property without due process vio- achieve a proper balance, a balance received authority to launch a military attack lates the spirit, if not the letter, of the fifth that gives the resources to the agencies against the ring leaders in Afghanistan. It amendment to the Constitution. Furthermore, of this government to protect the seems the war against terrorism has so far given that one of the (unspoken) reasons be- American people while at the same been carried our satisfactorily under current hind the shameful internment of Americans of time protects us from any trespass law. Japanese ancestry in the 1940s was to reward against our liberties. Still, there are areas where our laws could favored interests with property forcibly taken Mr. Speaker, I should point out the be strengthened with no loss of liberties, and from innocent landowners, how confident are controversy that surrounds the sunset I am pleased that HR 3108 appears to contain we that future, less scrupulous executives will clause. I was there when the Democrat many common sense provisions designed to refrain from using this power to reward polit- minority from the committee pre- strengthen the government’s ability to prevent ical allies with the property of alleged ‘‘hostile sented to the chairman of the com- terrorist attacks while preserving constitutional nationals?’’ mittee their five requests for the final liberty. H.R. 3108 waters down the fourth amend- revisions of this effort; and I was there However, other provisions of this bill rep- ment by expanding the federal governments when we saw that the exact sunset lan- resent a major infringement of the American ability to use wiretaps free of judicial oversight. guage in this bill was proposed to the people’s constitutional rights. I am afraid that The fourth amendment’s requirement of a chairman just yesterday by the minor- if these provisions are signed into law, the search warrant and probable cause strikes a ity on that committee. It is good sun- American people will lose large parts of their balance between effective law enforcement set language. It is necessary sunset liberty—maybe not today but over time, as and civil liberties. Any attempt to water down language. It gives our agencies an op- agencies grow more comfortable exercising the warrant requirement threatens innocent portunity to use these tools of inves- their new powers. My concerns are exacer- citizens with a loss of their liberty. This is par- tigation and surveillance, and us the bated by the fact that HR 3108 lacks many of ticularly true of provisions which allow for na- opportunity to fulfill our responsibility the protections of civil liberties which the tionwide issuance of search warrants, as

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00064 Fmt 0636 Sfmt 9920 E:\CR\FM\K12OC7.079 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6769 these severely restrict judicial oversight of wire fences, hiring guards with guns, and re- strengths, our open society, may have made government wiretaps and searches. quiring identification cards to enter. All this, us particularly susceptible to this brand of ter- Many of the questionable provisions in this without any violation of anyone’s civil liberties. rorism. While we must not allow fear to force bill, such as the expanded pen register author- In a free society private owners have a right, us to change the inherent nature of our soci- ity and the expanded use of roving wiretaps, if not an obligation, to ‘‘profile’’ if it enhances ety—we must do what is reasonable to insure are items for which law enforcement has been security. that potential terrorist operatives are not able lobbying for years. The utility of these items in The reason this provision did not work in the to plot their herinous schemes within our bor- catching terrorists is questionable to say the case of the airlines is because the airlines fol- ders. least. After all, terrorists have demonstrated lowed federal regulations and assumed they Mr. Speaker, I stand with my colleagues on they are smart enough not to reveal informa- were sufficient. This is often the case when both sides of the aisle in my determination to tion about their plans when they know federal the government assumes new powers or im- provide law enforcement authorities with the agents could be listening. poses new regulations. Therefore, in the fu- necessary tools to investigate terrorism and This legislation is also objectionable be- ture, once the horror of the events of Sep- protect against future attacks. Accordingly, I cause it adopts a lower standard than prob- tember 11 fade from memory, people will relax call upon my colleagues to join me in approv- able cause for receiving e-mails and Internet their guard, figuring that the federal govern- ing this important legislation at this time of na- communications. While it is claimed that this is ment is using its new powers to protect them tional crisis which balances the need to ex- the same standard used to discover numbers and thus they do not need to invest their own pand the laws governing intelligence and law dialed by a phone, it is also true that even the time or money in security measures. enforcement activities while safeguarding our headings on e-mails or the names of web In conclusion, I reiterate my commitment to dearly held constitutional rights and way of sites one visits can reveal greater amounts of effective ways of enhancing the government’s life. personal information than can a mere tele- powers to combat terrorism. However, H.R. Mr. SERRANO. Mr. Speaker, I rise in oppo- phone number. I wonder how my colleagues 3108 sacrifices too many of our constitutional sition to H.R. 2975, the Patriot Act of 2001, in would feel if all of their e-mail headings and liberties and will not even effectively address its revised form. It is vitally important to give the names of the web sites they visited were the terrorist menace. I, therefore, urge my col- law enforcement the tools necessary to inves- available to law enforcement upon a showing leagues to oppose this bill and instead support tigate and prevent further terrorist acts against of mere ‘‘relevance.’’ I also doubt the rel- reasonable common-sense measures that are American targets and to root out any person evance of this provision to terrorist investiga- aimed at terrorism such as those contained in responsible for the dreadful acts of September tion, as it seems unlikely that terrorists would my SAFE Act. 11. But it is at least as important to preserve rely on e-mail or the Internet to communicate Mr. BENTSEN. Mr. Speaker, I rise in sup- the basic liberties that are ours under the Con- among themselves. port of H.R. 2975, which seeks to provide new stitution of the United States. Some defenders of individuals rights may tools to identify, pursue and punish suspected I was reluctantly prepared to support the Ju- point to the provisions establishing new pen- terrorist and strengthen our sustained cam- diciary Committee-reported version of H.R. alties for violations of individual rights and the paign against terrorism. Just over a month 2975, because it was very carefully crafted on provisions ‘‘sunsetting’’ some of the govern- ago, our country experienced terrorist attacks a bipartisan basis to address concerns ex- ment’s new powers as justifying support for that resulted in an unfathomable human loss. pressed by Members across the political spec- this bill. Those who feel that simply increasing Since that time, Congress and the Administra- trum about the threat to our freedoms from too the penalties for ‘‘unauthorized’’ disclosure of tion have led the nation in a unified battle much expansion of law enforcement powers. Even the reported bill raised concerns, particu- information collected under this act should against terrorism. Today, we are poised to larly about non-terrorist activities that might be consider that existing laws did not stop the in- confer new emergency authority to the Attor- swept up in the definition of terrorism, but I effectiveness of such laws in preventing the ney General for a specific purpose—to fight was somewhat reassured by the unanimous abuse of personal information collected by the the scourge of terrorism—and definite period, Judiciary Committee vote to report the bill. IRS or FBI by administrations of both parties. a maximum of five years. But now we are presented with a new bill, I am, however, disappointed that this legis- As for ‘‘sunsetting,’’ I would ask if these provi- a mix of Senate and House provisions, that lation fails to adequately address the lifeblood sions are critical tools in the fight against ter- became available for review at 8:00 this morn- of terrorism, money. Absent from this measure rorism, why remove the government’s ability to ing. An initial look at it reveals troubling provi- is legislation language to interfere with terrorist use them after five years? Conversely, if these sions that expand government’s power to in- provisions violate American’s constitutional money laundering activities. I am hopeful that vade our privacy, imprison people without due rights why is it acceptable to suspend the H.R. 3004, the Financial Anti-Terrorism Act of process, and punish dissent. The fact that Constitution at all? 2001, which I cosponsored, will get the full at- some expansions of these powers may be As Jeffery Rosen pointed out in the New tention of the House in the coming days. used in any criminal investigation, not just an Today’s seamless financial marketplace, Republic, this proposal makes even the most investigation of terrorism, particularly seems born out of the globalization of the late Twen- innocuous form of computer hacking a federal like overreaching. offense but does not even grant special emer- tieth Century, has fostered an unprecedented I don’t see why regular order had to be gency powers to perform searches in cases era of economic opportunity for terrorists like abandoned in this case. The Committee had where police have reason to believe that a ter- Osama bin Laden and the vast networks of reported a bill, the House was prepared to rorist attack would be imminent. Thus, if this evil they finance. In one month the United work its will on it today, and a final version bill were law on April 24, 1995 and the FBI States has frozen nearly $4 million in assets could be crafted in conference. Instead, the had information that someone in a yellow belonging to the Taliban, Osama bin Laden Republican leadership basically hijacked the Ryder Truck was going to be involved in a ter- and the al Qaeda network. Congress must process, moving the negotiating position the rorist attack, the government could not con- continue to close the loopholes that allow the House will take to conference toward the Sen- duct an emergency search of all yellow Ryder enemies of freedom to finance attacks on ate’s. This inevitably skews the conference re- Trucks in Oklahoma City. This failure to ad- America. To date, our allies have frozen more sults toward more police powers and less pro- dress so obvious a need in the anti-terrorism than $24 million since September 11th. We tection of our Constitutional rights and lib- effort suggests this bill is a more hastily cob- are making great headway, but we are not erties. The procedural complaint may sound bled together wish list by the federal there yet. New anti-money laundering tools ‘‘inside-the-Beltway’’, but it has important ef- bureauracy than a serious attempt to grant law are critical to this continued effort. fects on the final result. enforcement the actual tools needed to com- With respect to H.R. 2975, I am pleased Mr. Speaker, I support refining law enforce- bat terrorism. that this measure enhances our wiretapping ment powers to reflect the modern world and H.R. 3108 may actually reduce security as laws to reflect today’s communication reality. equipping law enforcement personnel to fight private cities may not take necessary meas- Under this measure, wiretap authority for sus- terrorism and bring terrorists to justice. But I ures to protect their safety because ‘‘the gov- pects using communication devices such as most emphatically do not support erosion of ernment is taking care of our security.’’ In a the Internet and cell phones would be stream- our most basic rights to privacy and freedom free market, private owners have great incen- lined so that law enforcement could obtain a from government scrutiny, and I cannot sup- tives to protect their private property and the subpoena from one jurisdiction. I am also port this bill. lives of their customers. That is why industrial pleased that this measure makes aliens who Mrs. CHRISTENSEN. Mr. Speaker, I know plants in the United States enjoy reasonably endorse terrorist activity or suspected money this may sound unduly strong, but today we good security. They are protected not by the launderers inadmissible and deportable. will react to one day of infamy with another if local police but by owners putting up barbed Today, we know that one of our greatest we pass H.R. 3108.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00065 Fmt 0636 Sfmt 9920 E:\CR\FM\A12OC7.029 pfrm01 PsN: H12PT1 H6770 CONGRESSIONAL RECORD — HOUSE October 12, 2001 I remember hearing someone say shortly There has been extensive discussion on the ligence gathering is going to be every bit as after September 11th in response to some- floor with regard to these new surveillance important to this campaign as our military. thing I cannot remember now, that the first provisions by those fearing the abdication of Surveillance is restrained by a body of casualty of this war must not be the U.S. Con- our civil rights protections with the passage of agency rules, judicial approval, and congres- stitution. this Act. sional approval. As a former FBI agent, I ap- Well it wasn’t the first, but if this bill is While, I am confident that nobody in this plied for wiretap orders. They are not easy to passed, it will perhaps be the most dev- chamber is interested in either deteriorating get. The electronic surveillance provisions in astating one, certainly the most far-reaching our civil rights or failing to provide our nation the bill are constitutional and achieve the one, one that will not honor those whose lives with the necessary law enforcement and intel- proper balance with our constitutional rights. I were lost in the terrorist attack, and one that ligence tools to defeat terrorism, I believe it is happen to think that safety and security during all of us in this body—those who voted for it important to bear in mind the times in which uncertain times is a most important civil lib- and those who did not—will rue to our dying we currently find ourselves. erty. day. A month and one day ago, we were Through the actions we take, Congress This will be the crowning glory and the gold- barbarically and cowardly attacked by terror- must show that the U.S. will stay the course en key of all of the most extreme radical con- ists. Nearly six thousand lives were lost—more with the war on terrorism for the long haul. I servatives in this country. With the right to than in the attack on Pearl Harbor. Our econ- hope that our law enforcement community will wiretap, with the right to hold without due omy has been adversely affected, and our be able to deal with the inconsistency that the process, with the right to even punish dissent, constituents are demanding that we provide sunset poses, and use these common sense the very worst of infringements on the civil lib- protection against any further terrorist as- authorities to protect us from the terrorists who erties that we have worked so hard to extend saults. While, we did not ask for the war we we have already been warned may be poised to all and protect and preserve, will reign, and now find ourselves involved in it is our duty as to strike again. Mr. BOYD. Mr. Speaker, I rise today in sup- threaten not just the terrorists, but all Ameri- Members of Congress to provide the nec- port of H.R. 3108, the Uniting and Strength- cans. essary tools and laws necessary to defeat ening America Act. Since the attacks that dev- When I think of all our forefathers fought for those who wish to harm America. astated our Nation on September 11th, Con- to create this independent Nation, with free- Mr. Speaker, we learned during Vietnam gress has been working in a bipartisan fashion dom and justice for all; when I think of the that we cannot fight and expect to win a war to develop the solutions to combating ter- struggle to end slavery, to win the right to vote when we fail to provide our military with the rorism. I believe this bill provides the nec- and to ensure that all Americans fully partici- resources necessary for victory. Let us not essary solutions to one of the greatest chal- pate in this society, and all the lives that were make that same mistake twice and fail to pro- lenges our country has ever faced. Congress given in these efforts, it makes me sick to vide the tools necessary to win this war—our and the President must work together to en- think that today we might pass this travesty of war against terrorism. sure that the necessary steps are taken in justice and freedom and fairness, and in doing We can and will continue to protect our civil order to prevent terrorism from occurring on so undermine the government of checks and liberties by providing constant oversight over American soil and victimizing American citi- these initiatives. After all it is our responsibility balances that they in their wisdom con- zens ever again. Providing federal law en- structed, relinquish our responsibilities in this in the Congress to provide such oversight and forcement officials with the tools to fight the body, and dishonor their memory and their to insure that our government not overstep its war on American is not only our civic respon- legacy. bounds. I am confident that we will not fail in sibility, but our responsibility as American citi- Although neither I or most of our members this regard. zens. While expanding these powers, we must have had an opportunity to fully review the Accordingly, I rise in full support of the Pa- be mindful of protecting the civil liberties that legislation, it appears clear that most of the triot Act and I urge all of my colleagues to every American enjoys, because these are the provisions of this act are un-necessary to ac- support this important legislation. very freedoms that make this country great Mr. OXLEY. Mr. Speaker, I am pleased that complish the goals of ferreting out terrorists and for which scores of our forefathers have and their abettors. In other instances they go this Congress is going to give our law enforce- fought. This bill strikes the delicate balance too far or continue long after they would be ment and intelligence communities the tools between the two vital points of expanding reasonably needed under the very worst of cir- they desperately need to track down terrorists power and protecting civil liberty. cumstances. and prevent another murderous attack on our It is important to update current laws to re- At the very least we need to apply the re- people. flect the technological changes the 21st cen- straint of time and opportunity for full review, September 11th ushered in a new era in tury has brought about, including new meth- as well as make possible the opportunity to American history. We are vulnerable here at ods of communication. Federal law enforce- amend and thus fix the more egregious parts home, not just to the fanatics who hijacked ment officials must have the capacity to mon- before a vote is taken on a measure such as those planes, but to other terrorists who have itor terrorists who utilize relatively new tech- this, which will change the culture of our soci- access to biological, chemical, and maybe nology to plan attacks on Americans through- ety in terrible ways, and give those who want- even nuclear weapons. This threat will not end out the world. These provisions are essential ed to destroy not only our prosperity but our in 2 years, 5 years, or 10 years. to ensuring victory in our war against ter- freedom, the victory in the end. The provisions in this bill will help to put the rorism. Additional items included in this bill ex- I urge all of my colleagues to vote H.R. FBI and CIA on a more equal footing with ter- pand law enforcement power through new 3108, the leadership bill down, and protect the rorists who are using electronic communica- types of electronic surveillance, increased for- freedoms that make America, America. tions to plot with impunity. I have long warned eign intelligence gathering, and immigration Mr. GILMAN. Mr. Speaker, today we have that our wiretap laws have not kept pace with reforms that will keep us a step ahead of any been debating an important bill. Our delibera- advances in technology. Law enforcement potential act of terrorism against Americans. It tions this afternoon will provide modernized needs to be able to monitor cell phone calls is also important to note there are provisions surveillance capabilities aimed at capturing and electronic communications, just as it has in the bill to ensure our civil liberties are pro- terrorists which will ensure that new tech- been able to listen in on old-style rotary tected. Among these is the mandatory sunset nology can be executed in multiple jurisdic- phones. of the intelligence gathering provisions after tions anywhere in the United States. Simply put, if we can’t hear what terrorists five years. This allows Congress to evaluate The Patriot Act will expand the definitions are saying, we can’t stop them. whether the new powers given to justice offi- related to terrorist organizations; provide the Under the sunset language in this bill, these cials have been successful and have re- seamless flow of information between law en- new authorities could expire in as little as 3 spected the civil rights of each and every forcement and intelligence agencies; strength- years and possibly in 5 years. Establishing American citizen. en our northern border by tripling the number that ‘‘sunset’’ date is a mistake. It sends an Again, Mr. Speaker, I rise in support of the of Border patrol personnel in each state along unintended message that our resolve is fleet- Uniting and Strengthening America Act and this border; and most importantly will permit ing. It also tells a law enforcement community urge that this legislation be adopted. the courts to issue a generic order, which will working around the clock that their power to Mr. LANGEVIN. Mr. Speaker, I rise in oppo- still identify a target, yet permit the court order protect us is provisional. And it suggests to sition to this rule and in opposition to the clan- to be presented to a carrier, landlord or custo- the American people that in a few years, we destine way in which what was once a strong dian and allow that the surveillance may be might let down our guard. bipartisan package was changed and rushed undertaken as soon as technically feasible on We will not give our Armed Forces anything to the floor with no consultation with this side any new location. less than our full support in this war. Intel- of the aisle.

VerDate 13-OCT-2001 04:27 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00066 Fmt 0636 Sfmt 9920 E:\CR\FM\A12OC7.033 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6771 While I understand the difficult task of that time, however, it is within the sole discre- bill that adroitly found the right balance be- crafting legislation while the nation is still re- tion of the President to decide whether or not tween giving federal authorities the tools they covering from and investigating the terrorist at- to extend these measures for another two need to fight terrorism, while still protecting the tacks of September 11th, I am disappointed years. This is dangerous. This measure gives civil liberties that our citizens hold so dear. with the extremely limited choice placed be- this administration nearly unbridled power to Unfortunately, a few members of the Repub- fore me. I want to provide our law enforce- pursue terrorism and other crime. Yes, we lican leadership rejected this bipartisan legisla- ment with the tools they need to stop ter- need to address the ability of government to tion and created a new bill. This bill loses the rorism. I want to support this bill, but few of us pursue terrorists. However, Congress should balance that the previous legislation had even know what is in it since the Judiciary be able to change this measure if the current achieved. The bill gives broad new powers to Committee never considered it. terrorist threat subsides. Congress should be federal law enforcement officials while putting In the aftermath of the attacks, we must the body revisiting this measure in two or civil liberties at risk. Even worse, the bill pre- strengthen our ability to find and punish those three years. Congress should not delegate its vents the Congress from reviewing these pro- connected with these tragic events, and en- constitutional duty to oversee the activity of visions in two years to ensure that the govern- hance our preparedness to prevent similar the Executive Branch. ment is using its new powers in an appropriate tragedies in the future. However, we must While I firmly support added measures to manner. meet the critical counter-terrorism need of fed- fight terrorism, we should not move in the di- In addition, this bill has not received proper eral law enforcement and intelligence agen- rection of past mistakes. Fortunately we suc- consideration by the House of Representa- cies without compromising the civil liberties of cessfully removed provisions giving the admin- tives. Most members, in fact, don’t even know our citizens in the process. I have strong con- istration the ability to detain suspect non-citi- what the bill contains. This may be the most cerns about the bill we are considering today zens for indefinite amounts of time. Unlimited sweeping, comprehensive piece of legislation because I cannot be guaranteed it strikes this detention is unacceptable. There must be thor- dealing with law enforcement practices and crucial balance. ough judicial review in a specified period of civil liberties that this Congress will ever con- I urge my colleagues to vote against the time. We must not repeat the mistakes of our sider. Such important legislation demands rule so we all can be assured this goal is met past. We must not revert to the age of McCar- careful scrutiny and deserves bipartisan by bringing the original measure which was thyism when accusation and innuendo oper- agreement. This bill fails in both respects. unanimously approved the Judiciary Com- ated with the force of law. I am concerned that There is no question that the United States mittee, to the floor instead. those who support today’s process and the government must do everything in its power to Ms. KILPATRICK. Mr. Speaker, today I rise measure before us today have not learned the protect our citizens. Our laws do need to be in opposition to the rule and the antiterrorism lessons of history well enough. adjusted to properly reflect modern technology bill we are considering today. I understand that the events of September and to effectively respond to modern threats. While the current circumstances require ex- 11 have necessitated heightened measures to The bill we consider today, however, is not the pedited action, we must also be deliberate and ensure the security of our citizens. However, I answer. I urge my colleagues to oppose this circumspect in our action. I know these aims hope these heightened measures do not dis- bill and to return to a bipartisan approach to run counter to one another, but at this juncture tort our records on the issue of civil liberties. improving our nation’s security. in our history it is critical that we think before I am particularly concerned about those who Mr. THOMPSON of California. Mr. Speaker, we act. The attacks on our nation have suggest that our current situation justifies the it is with great reluctance that I vote in support changed us forever causing strong demands practice of racial profiling or search and sei- of the antiterrorism legislation that was de- for action to improve our security. Our re- zure procedures without clear standards that bated in the House today. What began as a sponse to terrorism, however, must not thwart are subject to thorough review of our nation’s collaborative and bipartisan process, has be- the very democratic values that this nation judges. As an African American, I know all too come a clandestine and highly partisan catas- was founded upon. well the ills of racial profiling. The President trophe. My intention today, was to support Any legislative action we take must ensure has proclaimed that our war on terrorism is H.R. 2975, the PATRIOT Act that was given that our traditions of civil liberty continue to not a war on Islam. He has proclaimed that thoughtful consideration and resulted in a well- stand strong—anything less would serve the our nation takes pride in its diversity, which is crafted compromise. To my great regret, how- goals of those who attacked us. strengthened by our brothers and sisters of ever, partisan procedures and pressures kept Unfortunately, we are now poised to con- the Islamic faith. I suggest that if our policy is the House of Representatives from passing sider a measure that grants our federal gov- to focus our heightened investigative efforts this legislation. Instead, the House took up a ernment broad sweeping powers to investigate solely on those who look Middle Eastern, or modified version of the Senate passed Uniting not only terrorism, but all crimes. We are now foreign, then we dishonor the President’s and Strengthening America Act. poised to consider legislation that may jeop- noble proclamations. In this time of need we With some adjustments by the House lead- ardize the civil liberties that we hold dear. should focus our attention on all potential ter- ership, the legislation contains many important Today we are forced by the White House and rorists, including those who attack this country provisions to ensure that the intelligence and a few people in the House and Senate to cir- in the name of Christianity. Our outcry and ef- law enforcement communities can do their cumvent a process that produced legislation forts against foreign terrorism should be just jobs. The bill makes changes to intelligence that could truly be called bipartisan. The Re- as zealous against domestic terrorism. Our and surveillance laws to account for advances publicans and the Democrats on the Judiciary outcry against the Osama bin Ladens of the in technology. It also strengthens penalties for Committee joined together to create a meas- world should be just as strong against the money laundering and possession of biological ure that received the unanimous support of Timothy McVeighs. Both seek to use terror agents for a suspected terrorist. But I am con- the Committee. I commend Chairman SENSEN- and confusion to accomplish their warped po- cerned that the legislation fails to create a BRENNER and Ranking Member CONYERS for litical goals. By a truly comprehensive and ob- watchdog position within the Department of their good work. The White House and the jective attack on terrorism we lend credibility Justice to monitor intelligence and law en- Republican leadership of the House, however, to our current war on terrorism and shine forth forcement activities enacted by this new law. hijacked the Committee’s work—forcing us to the light of freedom from our nation’s shores. It also abandons the original two-year sunset, vote on this one hundred and eighty page bill Mr. Speaker, for these reasons I oppose the to a sunset of up to five years depending upon with only a few short hours to review it. measure before us today. In our justified haste presidential preference. I believe that a five- There are thorny issues in the measure be- to catch those who perpetrated the events of year period is too lengthy, and support a sun- fore us. September 11 and who pose a continued set period of up to three years to ensure that The House Judiciary Committee’s counter- threat to our nation, we must not abort the civil liberties are protected, while intelligence terrorism bill included a provision that sunsets ideals that have made our nation strong. In and law enforcement officials do their jobs. these extraordinary increases in Government the face of this crisis we must not rend our Let me be very clear: I voted for the revised power in two years, ensuring that the House civil liberties and thus our Constitution, lest we antiterrorism legislation today to ensure that would be forced to review these measures at be prepared to cede victory to the terrorists. the horrendous events of September 11th are that time. This compromise was reached de- Mr. STARK. Mr. Speaker, I rise today in op- never repeated. I am offended by the process spite the fact that the White House and the position to H.R. 2975, the anti-terrorism bill. I but am compelled by the circumstances in Justice Department wanted the measure to be do so reluctantly because we were supposed which we live today. I believe that in the days enacted for an indefinite amount of time. to have had a bill on the Floor today that I ahead, the House and Senate conference The bill before us today, however, allows could have supported. The House Judiciary committee will work to craft a compromise the measure to be revisited in three years. At Committee unanimously passed a bipartisan measure that the American people can fully

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00067 Fmt 0636 Sfmt 9920 E:\CR\FM\A12OC7.028 pfrm01 PsN: H12PT1 H6772 CONGRESSIONAL RECORD — HOUSE October 12, 2001 support. In this new day of extraordinary cir- AMERICAN CIVIL LIBERTIES UNION potentially damaging information about cumstances, the impossible became a reality. Washington, DC, October 12, 2001. American and foreign students will be trans- Consequently, decisive action is necessary to BE PATRIOTIC—VOTE AGAINST THE REVISED mitted to many federal agencies and could ‘‘PATRIOT BILL’’ lead to adverse consequences far beyond the prevent future acts of terrorism on the United stated goal of the anti-terrorism bill. States. DEAR REPRESENTATIVE: The ACLU is urg- Sunset of Wiretap Provisions: The House Mr. UDALL of Colorado. Mr. Speaker, ear- ing Members to vote no on the Rule, no on Judiciary Committee’s bill would have sun- final passage and yes on the motion to re- set all of new wiretapping authorities in two lier this year we began this Congress by tak- commit. Sadly, most Americans do not seem ing an oath to uphold the Constitution. years and two months. The sunset was de- to realize that Congress is about to pass a signed to permit Congress to evaluate how It was the second time I did so, but for me law that drastically expands government’s the new authorities were being used, and it was still a solemn moment and a source of power to invade our privacy, to imprison whether there were abuses that would re- great price—as I am sure it was for you and people without due process, and to punish quire additional privacy protections. The bill for the many of our colleagues who have dissent. More disturbing is the fact that this now pending before the House would gut the power grab over our freedom and civil lib- served far longer than I. sunset provision by extending it to five years erties is in fact not necessary to fight ter- and three months (three years and three It was a solemn moment because we were rorism. Briefly, the substitute bill has the months, plus two more years upon a presi- pledging ourselves to upholding the basic following problems: dential certification). framework of our government, including the Sharing Sensitive Information without Exclusionary Rule: The House Judiciary basic guarantees of the Bill of Rights. I think Privacy Protections: The bill authorizes law Committee’s bill included a provision to ex- that is the highest and most important duty enforcement to ‘‘share criminal investiga- clude from criminal cases evidence that law any American can undertake. tive information.’’ This section permits the enforcement seized illegally when moni- disclosure of sensitive, previously toring Internet communications. This would And it was an especially proud moment for undisclosable information obtained through have conformed the rules pertaining to ille- me because it meant that I would again be grand jury investigations or wiretaps about gal interception of Internet communications privileged to be part of this great institution, American citizens to the CIA, NSA, INS, Se- to the rules governing illegal interception of the House of Representatives—an institution cret Service and military, without judicial telephone calls. The bill now pending in the for which I have for so long had such great re- review, and with no limits as to how these House omits this provision. spect. agencies can use the information once they Expansion of Wiretapping Authority: The have it, and without marking the informa- wiretapping provisions in the pending House Since then less than six months have tion to indicate how the information can be bill are virtually identical to those in the passed—but how long ago that seems to have used. bill the Senate approved last night. Both been. Since September 11th, so many things Sneak and Peek Searches: this section au- bills minimizes judicial oversight of elec- have happened, and so many things have thorizes the wholesale use of covert searches tronic surveillance by: subjecting private changed. And, unfortunately, one of the things for any criminal investigation thus allowing Internet communications to a minimal that has changed is my pride in the way the the government to enter your home, office or standard of review; permitting law enforce- House is meeting its responsibilities. other private place and conduct a search, ment to obtain what would be the equivalent take photographs, and download your com- of a ‘‘blank warrant’’ in the physical world; That is because today we are proceeding in puter files without notifying you until later. authorizing scattershot intelligence wiretap a way that falls far short of the standard to The Congress rejected this provision two orders that need not specify the place to be which we should hold ourselves—and doing times last year because it was misguided and searched or require that only the target’s so in connection with legislation of the very overbroad conversations be eavesdropped upon; and al- highest importance, legislation that can affect Single-Jurisdiction search warrants for lowing the FBI to use its ‘‘intelligence’’ au- the lives and liberties of all the American peo- terrorism: This provision enables the govern- thority to circumvent the judicial review of ment to go to a court in any jurisdiction ple. the probable cause requirement of the where it is conducting a terrorism investiga- Fourth Amendment. To start with, like so many of our col- tion, regardless of how insubstantial that lo- Most of these provisions are unnecessary leagues, I have not had an opportunity to cation is to the investigation, to conduct a for fighting international terrorism; some learn fully what is in this bill beyond a cursory search anywhere in the country. This will would be acceptable if they were imple- discussion in caucus, and while some Mem- allow the government to forum shop and mented with appropriate judicial oversight. bers of the House are versed on the particu- make it practically impossible for individ- Law enforcement agents make mistakes—for lars, I don’t believe there has been enough uals who are subjected to the search to chal- example, the life of suspected Atlanta Olym- lenge the search when the warrants are pic bomber Richard Jewell was turned upside time for debate and full consideration. On a issued by a judge in a distant location. down. Essential checks and balances on subject so dear as our civil liberties, particu- New crime of Domestic Terrorism: This these new powers are omitted from this leg- larly in a time of crisis, surely the House could new crime is wholly unnecessary for the Ad- islation. We can be both safe and free if the afford time to allow Members to read and un- ministration’s ‘‘War on Terrorism.’’ It ex- House takes the time to do this right. derstand this complicated legislative package pands the ever-growing cadre of federal For more information, please contact: before a vote. I do not know whether the ob- crimes by authorizing the federal govern- Wiretapping—Greg Nojeim 202/675–2326, jections raised by the bill’s critics—such as ment to prosecute violations of state law and Crime Provisions—Rachel King 202/675–2314, may be used to prosecute political protestors Immigration—Tim Edgar 202/675–2318, Pri- those in today’s letter from the American Civil who engage in acts the government considers vacy—Katie Corrigan—202/675–2322. Liberties Union—are well-founded or not. But to be dangerous to human life. Sincerely, I have no doubt that when it comes to matters Requires People to Turn in Suspects Even LAURA W. MURPHY, as important as these it is far better to err on If They Don’t Know Whether the Person Has Director. the side of caution. Committed a Crime. This bill creates a new GREGORY T. NOJEIM, Mr. Speaker, in times of war and crisis there crime exposing people to criminal liability Associate Director & Chief Legislative is always a very delicate balance between the for lodging a person who he or she knows ‘‘or Counsel. has reasonable grounds to believe’’ has com- Mr. KIND. Mr. Speaker, of all the issues we need to be secure and the need to protect civil mitted or is about to commit a crime. This have considered, and will consider, in the liberty. There have been moments in our na- places a new burden on persons to turn in aftermath of September 11, securing the safe- tion’s history when this balance was not care- family and friends never before imposed on ty of our Nation against the threat of terrorism fully preserved—and with shameful con- individuals. may prove to be the most challenging aspect sequences. In the rush to fight the terrorist Disclosing Intelligence Information on of our recovery and security focus. One rea- threat, I want to be absolutely certain that we Americans to the CIA: The bill mandates son the terrorists targeted our Nation is be- strike the right balance and avoid looking back that the FBI turn over any information on cause of the freedoms we enjoy as a nation, on this time with regret about our haste and terrorism, even if it is about American citi- zens, that is developed in criminal cases. and the importance we place on individual lib- lack of wisdom. This will result in the CIA getting back into erty. I am not an expert on fighting terrorism, but the business of spying on Americans. By nature, the openness of American soci- I know that if we are not careful in choosing Imposing Indefinite Detention: The bill al- ety is a liability when it comes to public safety. our weapons, we can damage the very Con- lows for non-citizens to be detained indefi- The attacks on the World Trade Center and nitely, without meaningful judicial review; stitution we have sworn to uphold. And I do the Pentagon have shown us that virtually any know that there is a right way and a wrong Reducing Privacy in Student Records: The bill overturns current law by giving law en- possible threat may be realized. way to legislate—and this is the wrong way. forcement greater access to and use of stu- The challenge of securing the Land of the And that, Mr. Speaker, is why I cannot vote dent records for investigative purposes. Free is a delicate task. By considering the for this bill today. Under the substitute, highly personal and laws that protect personal privacy we risk

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alienating those values on which our Nation Mr. MCGOVERN. Mr. Speaker, I rise today this bill seeks to remedy. For far too long we was founded. In taking on this challenge, I in opposition to the version of the bill that has have neglected to equip our law enforcement commend the Chairman and ranking member been presented before this House for consid- with the tools they need to do their jobs as of the Judiciary Committee for recognizing the eration. Like every Member of this Congress, technology has changed. fundamental importance of this task, and I believe we should provide law enforcement This bill will permit wiretaps to be leveled working together to draft legislation in a fair with every appropriate tool necessary to com- against suspected terrorists the same as we and respectful manner. I just wish that process bat terrorism. In that spirit, I have supported do for drug lords and organized crime syn- had been followed through all the way to the all of the President’s actions and requests, in dicates. With existing court protections in end instead of being hijacked the night before. both word and deed, since the horrific attacks place, law enforcement will now be able to fol- The legislation before us today is not per- which devastated this nation on September low suspected terrorists when they use the fect. I, like many Members, have reservations 11. Furthermore, I came to work this morning Internet, a land line phone or numerous cell about expanding boundaries in which Govern- with every intention of voting for the carefully phones. Nor will law enforcement have to go ment may more easily encroach on personal crafted bipartisan legislation that passed the back to various courts when suspects move privacy. However, these reservations must be House Judiciary Committee last week 36–0. from location to location to location. weighed in light of our experiences, as well as However, I now stand before this House in Quite frankly, these provisions are long Section 8 of Article 1 of the Constitution which complete amazement at the events that have overdue. I regret that this bill includes a sun- states ‘‘Congress shall have the power—to transpired over the past 24 hours. Last week, set provision. We need these provisions to be provide for the common defense and general the Judiciary Committee took the Bush admin- permanent. welfare of the United States . . .’’ istration’s proposal into mark-up, and carefully MODIFICATION TO AMENDMENT ADOPTED As a former prosecutor, I have experience discussed and considered every aspect of this PURSUANT TO HOUSE RESOLUTION 264 in dealing with criminal investigations and legislation. In an impressive display of bi-par- Mr. SENSENBRENNER. Mr. Speak- prosecutions, and understand the inherent tisanship the concerns of every single one of er, I ask unanimous consent that the need to protect the public against terrorist ac- the 36 members of the Judiciary Committee, amendment considered as adopted pur- tivities. While I maintain concerns regarding from the right and the left, were addressed. suant to H. Res. 264 be further modified some aspects of the bill regarding the spe- For that, I applaud both Chairman SENSEN- as follows: delete sections 302, 303, and cifics of electronic monitoring and other provi- BRENNER and Ranking Member CONYERS for 304. sions, I acknowledge the importance of mod- their efforts. This request has been cleared with ernizing our laws to reflect the use of new Yet despite this monumental display of co- the minority. technologies. I also appreciate the committee operation, we stand poised to vote this morn- The SPEAKER pro tempore. Is there work on issues including improving the secu- ing on a substitute bill that was never even objection to the request of the gen- rity of our borders, providing benefits to indi- considered in the committee setting, and tleman from Wisconsin? viduals involved in the immigration system whose contents few of us have even seen. I There was no objection. who were detrimentally impacted under the am deeply troubled by the injustice done to The SPEAKER pro tempore. Pursu- law by the attacks, and updating the definition the legislative process by rushing this new bill ant to House Resolution 264, the pre- of terrorist activities and criminal penalties as- onto the floor, replacing the carefully crafted vious question is ordered on the bill, as sociated with terrorism in light of September bill that was so impressively constructed last amended. 11. In addition, the sunset provisions attached week. The question is on the engrossment to this legislation will provide for a review of During this great nation’s time of trial, we and third reading of the bill. these changes. cannot underscore enough the importance of The bill was ordered to be engrossed This legislation provides the best opportunity safeguarding the precious civil liberties and and read a third time, and was read the for our Nation to protect its citizens without basic freedoms that underpin our society. third time. crossing the Constitution, and I therefore sup- Even in times of heightened alert, military ac- MOTION TO RECOMMIT OFFERED BY MR. NADLER port its passage. tion, and increased security awareness, it is Mr. NADLER. Mr. Speaker, I offer a Ms. HARMAN. Mr. Speaker, a long-sched- our job as Members of the U.S. Congress to motion to recommit. uled appointment for minor surgery that was carefully consider the implications of extending The SPEAKER pro tempore. Is the planned on the basis of the House leader- the search and seizure powers of federal gentleman opposed to the bill? ship’s announced calendar requires that I miss agencies, and ensure the protection of our Mr. NADLER. I certainly am, Mr. the vote on final passage of H.R. 2975. basic rights as Americans. If we allow the Speaker. I support many—though not all—of the cowardly terrorist actions of September 11 to The SPEAKER pro tempore. The counter-terrorism changes recommended by redefine the freedoms that law-abiding citizens Clerk will report the motion to recom- Attorney General Ashcroft. Indeed, I was part of this great nation are allowed to enjoy, then mit. of the bipartisan group of members of Con- we have defeated ourselves. Nothing would The Clerk read as follows: gress who met with him shortly after the tragic greater please those who deplore America Mr. NADLER moves to recommit the bill terrorist attacks of September 11. and our freedom loving society than to watch H.R. 2975 to the Committee on the Judiciary Whether the bill implements those rec- as we rashly whittle away our civil liberties out with instructions to report the same back to ommendations is difficult to tell. The time of fear and insecurity. the House forthwith with the following amendment: stamp on the text is 3:43 am this morning. Do Mr. Speaker, I will oppose this legislation At the end of title II, add the following: we know what changes were made between it today, and I ask that all of my colleagues do ‘‘Section 225. Scope of Provisions and the bill reported unanimously from the Ju- the same. I fully support the efforts of Presi- ‘‘This title and the amendments made by diciary Committee? dent Bush to ensure the security of this nation, this title (other than sections 205, 208, 211, Mr. Chairman, the process by which we are yet I will not vote to undermine the basic free- 221, 222, 223, and 224, and the amendments considering this measure plays fast and loose doms we all hold dear. It is crucial that we, as made by those sections) shall apply only to with our Constitution. It may well be that a a united Congress, remain strong in this time investigations of domestic terrorism or number of its provisions will be stricken by the of crisis, and protect the fundamentally Amer- international terrorism (as those terms are defined in section 2331 of title 18, United Courts. ican values and civil liberties that so many States Code), such that this title and the We should have had an opportunity to more generations before us have struggled to cre- amendments made by this title (other than carefully consider its provisions. ate. sections 205, 208, 211, 221, 222, 223, and 224, and Law enforcement needs 21st century rules Mr. BUYER. Mr. Speaker, I rise today in the amendments made by those sections) to combat 21st century enemies. A cursory re- support of the PATRIOT Act. shall not apply to violations of either sec- view of this bill suggests that we are providing We are engaged in a great struggle to com- tions 992(a)(1)(A), 922(a)(6), 922(a)(5), 922(m), many of them. But some may go too far, some bat the forces of terrorism that threatened our or 924(a)(1)(A) of title 18, United States Code may not go far enough. Nation on September 11. For this struggle, we (pertaining to firearm dealers violations), or With some reluctance I support this bill. Not have called forth the strong arm of our mili- first-time non-violent violations of the Con- trolled Substances Act (as set forth in title because I believe changes are not warranted, tary. But in addition, this struggle will also be 21, United States Code) unless such viola- but because the rushed process by which the fought by law enforcement here at home. tions pertain to domestic terrorism or inter- House is considering this bill is inappropriate Our law enforcement officers need the best national terrorism (as those terms are de- given the severity of the challenge before this tools available to combat terrorism. This is not fined in section 2331 of title 18, United States nation. the case today and it is this deficiency that Code).’’

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00069 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.034 pfrm01 PsN: H12PT1 H6774 CONGRESSIONAL RECORD — HOUSE October 12, 2001 Mr. NADLER (during the reading). Mr. WEINER. Mr. Speaker, I rise and ought to proceed, so we may examine Mr. Speaker, I ask unanimous consent I speak to some in this body who share whether these powers belong in the that the motion to recommit be consid- my view that the Senate bill, arguably, general criminal field. There is no ered as read and printed in the RECORD. does not go far enough. And I speak to emergency we are told about there. The SPEAKER pro tempore. Is there some in this body who recognize the The emergency pertains to terrorism, objection to the request of the gen- great work that the gentleman from so let us proceed on an emergency tleman from New York? Wisconsin (Mr. SENSENBRENNER) and basis, which we are doing now, voting There was no objection. the gentleman from Michigan (Mr. for this bill virtually sight unseen, pro- The SPEAKER pro tempore. Pursu- CONYERS) did to cobble a compromise ceed on that emergency basis only for ant to the rule, the gentleman from that everyone can rally around. Those the terrorism emergency. Limit the New York (Mr. NADLER) is recognized are good reasons for us to step back, go bill to the terrorism emergency and for 5 minutes in support of his motion back to the drawing board, and perhaps look at the rest in our own good time. to recommit. return with our original bill, if for no The SPEAKER pro tempore. The Mr. NADLER. Mr. Speaker, what this other reason than we are going to con- time of the gentleman from New York motion to recommit does is to make ference with the other body and it has expired. the provisions of this bill granting ex- seems insane we are here negotiating Mr. SENSENBRENNER. Mr. Chair- traordinary powers to investigative with ourselves. man, I rise in opposition to the motion agencies of governments apply only to But let us think of some of the things to recommit. extraordinary circumstances, only to that were in the bill that the gen- The SPEAKER pro tempore. The gen- investigations of terrorism or potential tleman from Wisconsin (Mr. SENSEN- tleman from Wisconsin is recognized terrorism. BRENNER) and the gentleman from for 5 minutes. Mr. Speaker, a month ago, the Michigan (Mr. CONYERS) wrote that are Mr. SENSENBRENNER. Mr. Speak- United States was attacked; and in not in today. The gentleman from Illi- er, the motion to recommit should be particular my district was attacked. I nois (Mr. HYDE) offered language that rejected for the following reason: know or knew many people who were would track money launderers. Out of In many cases, what begins as an or- victims of that horrible attack, and I the bill. I think it should be in. The dinary criminal investigation will end thirst to repay that attack and to gentleman from Georgia (Mr. BARR) of- up leading into material relating to make sure it will not happen again. fered language, and I have trouble say- how terrorists finance themselves or But we can be attacked in many ways, ing these words, that I agree with how terrorists act and further criminal and one of those attacks is to cause us while in terms of tracking security of- activity as well. to invade our own liberties as a reac- ficers. I offered language that was in Let me give an example. Last month, tion to the attack upon us, and that we the bill that would track people who the Prime Minister of the United King- must prevent. come here on student visas and who dom, Tony Blair, gave a very eloquent Speaker after speaker on this floor overstay their visas and commit acts of speech to the annual conference of his today has described how this 187-page violence, at least two of which were in Labor Party somewhere in England. bill, seen by us only a few hours ago, that category that crashed into the That speech was covered by C-SPAN. I with no opportunity to really look into World Trade Center in my hometown. saw most of it. I hope that many of the it, to send out the text to law profes- My colleagues, I have been to too other Members did as well. But one of sors, to others, to really see the impli- many vigils, too many funerals, held the things that Prime Minister Blair cations and to make intelligent judg- too much hands of grieving families in said was that 90 percent of the heroin ments upon it may very well be a dan- my district to be satisfied with a bill that is sold in the United Kingdom is ger to many of our liberties. that takes out so many of the provi- sold by Osama bin Laden’s front Well, we have to act in haste, we are sions that we worked so hard for in the groups, and the money that is used told. Why? Because we must prevent Committee on the Judiciary. There are from people who purchase the heroin is acts of terrorism. Let us grant that as- many reasons why we should offer a used to finance Osama bin Laden’s ter- sumption. Fine. But why should these motion to recommit, some of which are rorist activities. provisions then extend to anything but those which are shared by my col- terrorism? We can pass the bill today. league, the gentleman from New York b 1545 I will not vote for it, but we can pass (Mr. NADLER), who believes this bill Under the motion to recommit by the the bill today, give our government the goes too far. But there are also rea- gentleman from New York, if there is powers it says it needs, that the Presi- sons, I say to all of my colleagues, for an ordinary, run-of-the-mill drug inves- dent and the Attorney General say those who think we have watered down tigation that might include terrorist they need to prevent terrorism and to these efforts too far, to put back in activity or might not include terrorist defeat terrorists, but not grant that some of the thoughtful provisions that activity, the expanded law enforcement power with respect to everything else the House Committee on the Judiciary provisions of this bill would not apply until we have had proper time to look put in. until there is evidence that terrorist into the question without the haste There is no good reason not to re- activity has infiltrated that part of the that this emergency imposes on us. commit. There is going to be a con- drug trade. And then we can say that these provi- ference on this bill. Why not go in with By the time that evidence comes up, sions should or should not, or some our strongest possible negotiating posi- it might be too late, and there might should and some should not, be ex- tion, including the Hyde language, the be another terrorist strike that could tended to ordinary criminal investiga- Barr language, and the Weiner lan- have been prevented as a result of the tions. guage that I would say would pass this increased law enforcement powers that Let the terrorism bill proceed for ter- House with 350 votes. are contained in this bill. rorism now, albeit in haste, albeit Mr. NADLER. Mr. Speaker, reclaim- The motion to recommit by the gen- hastily drafted, albeit not properly vet- ing my time, I agree with the other dis- tleman from New York will not allow ted. If that is the will of the body, let tinguished gentleman from New York. law enforcement to expand its scope in it be done for terrorism, but only for There are provisions that go too far in time because there would have to be terrorism. And let us, for other things this bill, in my opinion; and there are showing of a linkage to international where the emergency is not immediate, things that are not in this bill that terrorism as defined by this bill. We take our time and do it properly. ought to be, again, after the wonderful should reject the motion to recommit So this motion to recommit simply work done by the distinguished gen- simply for that reason. I urge a ‘‘no’’ says these extraordinary powers exist tleman from Wisconsin and the distin- vote. for terrorist threats, for investigations guished gentleman from Michigan and Mr. Speaker, I yield back the balance of terrorism, and not for others. the committee as a whole, tossed out of my time, and I move the previous Mr. WEINER. Mr. Speaker, will the the window, a new bill, brand new, question on the motion to recommit. gentleman yield? emergency we are told. The previous question was ordered. Mr. NADLER. I yield to the gen- Limit this to the terrorism and let us The SPEAKER pro tempore. The tleman from New York. work regular order, the way this House question is on the motion to recommit.

VerDate 13-OCT-2001 04:27 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00070 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.077 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6775 The question was taken; and the Johnson (CT) Moran (VA) Shadegg ETHERIDGE, MENENDEZ, BENTSEN, Johnson (IL) Morella Shaw Speaker pro tempore announced that Johnson, Sam Murtha Shays PRICE of North Carolina, Ms. the noes appeared to have it. Jones (NC) Myrick Sherwood MILLENDER-MCDONALD, Messrs. Mr. NADLER. Mr. Speaker, on that I Kanjorski Neal Shimkus TANNER, PAYNE, SANDERS, HILL, demand the yeas and nays. Keller Nethercutt Shows GUTIERREZ, Mrs. MALONEY of New Kelly Ney Shuster The yeas and nays were ordered. Kennedy (MN) Northup Simmons York, Mr. BLAGOJEVICH, Mr. BECER- The SPEAKER pro tempore. Pursu- Kennedy (RI) Norwood Simpson RA, Ms. JACKSON-LEE of Texas, ant to clause 9 of rule XX, the Chair Kerns Nussle Skeen Messrs. CLEMENT, LARSON of Con- Kildee Obey Skelton will reduce to 5 minutes the minimum Kind (WI) Ortiz Smith (MI) necticut, LANTOS, STARK, MARKEY, time for any electronic vote on the King (NY) Osborne Smith (NJ) Ms. DELAURO, Mr. UDALL of New question of passage of the bill. Kingston Ose Smith (TX) Mexico, Ms. SCHAKOWSKY, Mr. Kirk Otter Smith (WA) SERRANO, Ms. WOOLSEY, Mr. The vote was taken by electronic de- Kleczka Oxley Souder vice, and there were—yeas 73, nays 345, Knollenberg Pallone Spratt EVANS, Mr. ORTIZ, Ms. ESHOO, Mr. not voting 12, as follows: Kolbe Pascrell Stark BALDACCI, Mr. ALLEN, Ms. LaFalce Pastor Stearns [Roll No. 385] SANCHEZ, Mrs. DAVIS of California, LaHood Payne Stenholm Messrs. CONDIT, REYES, LAMPSON, YEAS—73 Lampson Pence Strickland Langevin Peterson (MN) Stump THOMPSON of California, ACKERMAN Berkley Hastings (FL) Owens Lantos Peterson (PA) Stupak Berman Hilliard Paul and HINOJOSA changed their vote Largent Petri Sununu Bonior Hinchey Pelosi from ‘‘yea’’ to ‘‘nay.’’ Larsen (WA) Phelps Sweeney Boucher Hoeffel Rahall Larson (CT) Pickering Tancredo Mrs. CLAYTON, Mr. MCDERMOTT, Brady (PA) Honda Rodriguez Latham Pitts Tanner Ms. LEE, Mr. OLVER, Ms. SOLIS and Capps Hoyer Roybal-Allard LaTourette Platts Tauscher Capuano Inslee Rush Ms. ROYBAL-ALLARD changed their Leach Pombo Tauzin Cardin Jackson (IL) Sabo Levin Pomeroy Taylor (MS) vote from ‘‘nay’’ to ‘‘yea.’’ Clay Jefferson Sandlin Lewis (CA) Portman Taylor (NC) So the motion to recommit was re- Clayton Johnson, E. B. Scott Lewis (KY) Price (NC) Terry Clyburn Jones (OH) Sherman jected. Linder Pryce (OH) Thomas Conyers Kaptur Slaughter Lipinski Putnam Thompson (CA) The result of the vote was announced Coyne Kilpatrick Snyder LoBiondo Radanovich Thornberry as above recorded. Davis (IL) Kucinich Solis Lofgren Ramstad Thune DeGette Lee Thompson (MS) The SPEAKER pro tempore (Mr. Lowey Rangel Tiahrt Delahunt Lewis (GA) Thurman NETHERCUTT). The question is on the Lucas (KY) Regula Tiberi Dingell Matsui Udall (CO) Lucas (OK) Rehberg Tierney passage of the bill. Engel McCarthy (MO) Visclosky Luther Reyes Toomey The question was taken; and the Farr McCollum Waters Maloney (CT) Reynolds Traficant Fattah McDermott Watson (CA) Speaker pro tempore announced that Maloney (NY) Riley Turner Filner McKinney Watt (NC) Manzullo Rivers Udall (NM) the ayes appeared to have it. Frost Mink Wu Markey Roemer Upton Mr. SENSENBRENNER. Mr. Speak- Gephardt Nadler Wynn Mascara Rogers (KY) Velazquez Gonzalez Oberstar er, on that I demand the yeas and nays. Matheson Rogers (MI) Vitter Green (TX) Olver McCarthy (NY) Rohrabacher Walden The yeas and nays were ordered. NAYS—345 McCrery Ros-Lehtinen Walsh The SPEAKER pro tempore. This McGovern Ross Wamp will be a 5-minute vote. Ackerman Clement Frank McInnis Rothman Watkins (OK) The vote was taken by electronic de- Akin Coble Frelinghuysen McIntyre Roukema Watts (OK) Allen Collins Gallegly McKeon Royce Waxman vice, and there were—yeas 337, nays 79, Andrews Combest Ganske McNulty Ryan (WI) Weiner answered ‘‘present’’ 1, not voting 14, as Armey Condit Gekas Meehan Ryun (KS) Weldon (FL) follows: Baca Cooksey Gibbons Meek (FL) Sanchez Weldon (PA) Bachus Costello Gilchrest Meeks (NY) Sanders Weller [Roll No. 386] Baird Cox Gilman Menendez Sawyer Wexler YEAS—337 Baker Cramer Goode Mica Saxton Whitfield Baldacci Crane Goodlatte Millender- Schaffer Wicker Akin Capito Edwards Baldwin Crenshaw Gordon McDonald Schakowsky Wilson Allen Capps Ehlers Ballenger Crowley Goss Miller, Gary Schiff Wolf Andrews Cardin Ehrlich Barcia Cubin Graham Miller, George Schrock Woolsey Armey Carson (IN) Emerson Barr Culberson Granger Mollohan Sensenbrenner Young (AK) Baca Carson (OK) Engel Barrett Cummings Graves Moore Serrano Young (FL) Bachus Castle English Bartlett Cunningham Green (WI) Moran (KS) Sessions Baird Chabot Eshoo Bass Davis (CA) Greenwood Baker Chambliss Etheridge Becerra Davis (FL) Grucci NOT VOTING—12 Baldacci Clay Evans Bentsen Davis, Jo Ann Gutierrez Abercrombie Boyd Miller (FL) Ballenger Clement Everett Bereuter Davis, Tom Gutknecht Aderholt Gillmor Napolitano Barcia Coble Fattah Berry Deal Hall (OH) Barton Harman Quinn Barr Collins Ferguson Biggert DeFazio Hall (TX) Blunt McHugh Towns Bartlett Combest Flake Bilirakis DeLauro Hansen Bass Condit Fletcher Bishop DeLay Hart b 1618 Bentsen Cooksey Foley Blagojevich DeMint Hastings (WA) Bereuter Costello Forbes Blumenauer Deutsch Hayes Ms. LOFGREN, Messrs. GILMAN, Berkley Cox Ford Boehlert Diaz-Balart Hayworth KIND, MCGOVERN, TANCREDO, Berman Cramer Fossella Boehner Dicks Hefley BERRY, WEINER, GEORGE MILLER Berry Crane Frelinghuysen Bonilla Doggett Herger of California, KLECZKA, Biggert Crenshaw Frost Bono Dooley Hill Bilirakis Crowley Gallegly Borski Doolittle Hilleary BLUMENAUER, Ms. BALDWIN, Bishop Cubin Ganske Boswell Doyle Hinojosa Messrs. MOLLOHAN, CROWLEY, RAN- Blagojevich Culberson Gekas Brady (TX) Dreier Hobson GEL, NEAL of Massachusetts, Ms. RIV- Boehlert Cunningham Gephardt Brown (FL) Duncan Hoekstra ERS, Mr. SPRATT, Ms. HOOLEY of Or- Boehner Davis (CA) Gibbons Brown (OH) Dunn Holden Bonilla Davis (FL) Gilchrest Brown (SC) Edwards Holt egon, Messrs. MATHESON, LIPINSKI, Bono Davis, Jo Ann Gilman Bryant Ehlers Hooley BORSKI, STRICKLAND, MCNULTY, Borski Davis, Tom Gonzalez Burr Ehrlich Horn Mrs. LOWEY, Mrs. TAUSCHER, Boswell Deal Goode Burton Emerson Hostettler Brady (PA) DeLauro Goodlatte Buyer English Houghton Messrs. BARCIA, KILDEE, Brady (TX) DeLay Gordon Callahan Eshoo Hulshof CUMMINGS, DOOLEY of California, Brown (FL) DeMint Goss Calvert Etheridge Hunter PASTOR, COSTELLO, MEEKS of New Brown (SC) Deutsch Graham Camp Evans Hyde York, GORDON, MOORE, LANGEVIN, Bryant Diaz-Balart Granger Cannon Everett Isakson Burr Dicks Graves Cantor Ferguson Israel WAXMAN, DEFAZIO, HOLT, Burton Dingell Green (TX) Capito Flake Issa PALLONE, ROTHMAN, ROSS, Ms. Buyer Dooley Green (WI) Carson (IN) Fletcher Istook VELAZQUEZ, Mr. LEVIN, Mr. BACA, Callahan Doolittle Greenwood Carson (OK) Foley Jackson-Lee Ms. BROWN of Florida, Messrs. DUN- Calvert Doyle Grucci Castle Forbes (TX) Camp Dreier Gutierrez Chabot Ford Jenkins CAN, PETERSON of Minnesota, STU- Cannon Duncan Gutknecht Chambliss Fossella John PAK, Ms. CARSON of Indiana, Messrs. Cantor Dunn Hall (OH)

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00071 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.081 pfrm01 PsN: H12PT1 H6776 CONGRESSIONAL RECORD — HOUSE October 12, 2001 Hall (TX) Manzullo Schaffer Visclosky Watson (CA) Woolsey terior appropriations bill for fiscal Hansen Mascara Schiff Waters Watt (NC) Wu Hart Matheson Schrock year 2002. Also on Wednesday, H.R. Hastert Matsui Sensenbrenner ANSWERED ‘‘PRESENT’’—1 3004, the Financial Anti-Terrorism Act Hastings (WA) McCarthy (MO) Sessions Obey of 2001, which is money laundering leg- Hayes McCarthy (NY) Shadegg islation reported out of committee yes- Shaw NOT VOTING—14 Hayworth McCollum terday. Hefley McCrery Shays Abercrombie Gillmor Napolitano Herger McInnis Sherman Aderholt Harman Quinn b 1630 Hill McIntyre Sherwood Barton Lewis (CA) Roukema Hilleary McKeon Shimkus Blunt McHugh Towns Finally, on Thursday the House is ex- Hinojosa McNulty Shows Boyd Miller (FL) pected to take up H.R. 3090, the Eco- Hobson Meehan Shuster Hoeffel Menendez Simmons b 1626 nomic Security and Recovery Act of Hoekstra Mica Simpson 2001, which is expected to be reported Holden Miller, Gary Skeen Mr. HONDA and Mr. BECERRA out of the Committee on Ways and Holt Mollohan Skelton changed their vote from ‘‘yea’’ to Means yet this afternoon or this Hooley Moore Slaughter ‘‘nay.’’ Horn Moran (KS) Smith (MI) evening. Hostettler Moran (VA) Smith (NJ) Ms. CARSON of Indiana changed her Mr. Speaker, appropriators are also Houghton Morella Smith (TX) vote from ‘‘present’’ to ‘‘yea.’’ working hard on additional bills now in Hoyer Murtha Smith (WA) So the bill was passed. Hulshof Myrick Snyder conference. It is our hope that addi- Hunter Neal Souder The result of the vote was announced tional appropriations conference re- Hyde Nethercutt Spratt as above recorded. ports will be available for consider- Inslee Ney Stearns The title of the bill was amended so ation in the House at some point next Isakson Northup Stenholm as to read: ‘‘To deter and punish ter- Israel Norwood Strickland week. Issa Nussle Stump rorist acts in the United States and Mr. BONIOR. Mr. Speaker, I would Istook Ortiz Stupak around the world, to enhance law en- inquire of the gentleman from Ohio if Jenkins Osborne Sununu forcement investigatory tools, and for John Ose Sweeney the aviation security bill is coming to Johnson (CT) Oxley Tancredo other purposes.’’ the floor next week. Johnson (IL) Pallone Tanner A motion to reconsider was laid on Mr. PORTMAN. Mr. Speaker, if the Johnson, Sam Pascrell Tauscher the table. gentleman will continue to yield, we Jones (NC) Pelosi Tauzin Kanjorski Pence Taylor (MS) f are hopeful it will come to the floor Keller Peterson (PA) Taylor (NC) next week. We are still working on this AUTHORIZING THE CLERK TO Kelly Petri Terry legislation. The gentleman from Flor- Kennedy (MN) Phelps Thomas MAKE CORRECTIONS IN EN- ida (Mr. YOUNG) and the gentleman Kennedy (RI) Pickering Thompson (CA) GROSSMENT OF H.R. 2975, PA- from Minnesota (Mr. OBERSTAR) and Kerns Pitts Thornberry TRIOT ACT OF 2001 Kildee Platts Thune others are working on it. We want to Kind (WI) Pombo Thurman Mr. BARR of Georgia. Mr. Speaker, I take this bill up with some urgency, King (NY) Pomeroy Tiahrt Kingston Portman Tiberi ask unanimous consent that in the en- but we cannot give the gentleman a Kirk Price (NC) Toomey grossment of the bill, H.R. 2975, the firm time at this point. Knollenberg Pryce (OH) Traficant Clerk be authorized to make technical Mr. BONIOR. Mr. Speaker, let me Kolbe Putnam Turner corrections and conforming changes to LaFalce Radanovich Upton just say this. We have been very pa- Lampson Ramstad Vitter the bill. tient here. I have been raising this Langevin Regula Walden The SPEAKER pro tempore (Mr. issue each week at the end of the week Lantos Rehberg Walsh NETHERCUTT). Is there objection to the with a colloquy with the distinguished Largent Reyes Wamp Larsen (WA) Reynolds Watkins (OK) request of the gentleman from Geor- majority leader about the aviation se- Larson (CT) Riley Watts (OK) gia? curity bill, and about the compensa- Latham Rodriguez Waxman There was no objection. tion bill for those who were laid off. LaTourette Roemer Weiner Leach Rogers (KY) Weldon (FL) f Every week we have been told, well, we Levin Rogers (MI) Weldon (PA) are working on that. We are working Lewis (KY) Rohrabacher Weller LEGISLATIVE PROGRAM on it. Linder Ros-Lehtinen Wexler (Mr. BONIOR asked and was given While we are working on it, the Lipinski Ross Whitfield LoBiondo Rothman Wicker permission to address the House for 1 American people want some security in Lofgren Royce Wilson minute and to revise and extend his re- their flights. They want to know that Lowey Ryan (WI) Wolf marks.) their baggage is going to be checked. Lucas (KY) Ryun (KS) Wynn Mr. BONIOR. Mr. Speaker, I take Lucas (OK) Sanchez Young (AK) They want to know that there is a fed- Luther Sandlin Young (FL) this time for the purpose of inquiring erally-secured inspection system in Maloney (CT) Sawyer the schedule for the remainder of the place. They want to know all of these Maloney (NY) Saxton week and next week. things. NAYS—79 Mr. PORTMAN. Mr. Speaker, if the I must say, with all due respect, we gentleman will yield, I thank the gen- are running out of patience, and I Ackerman Jackson (IL) Otter tleman. Baldwin Jackson-Lee Owens think the American people are running Barrett (TX) Pastor Mr. Speaker, I am pleased to an- out of patience. That bill ought to have Becerra Jefferson Paul nounce that the House has completed been brought to the floor today. It Blumenauer Johnson, E. B. Payne its legislative business for the week. passed the Senate 100 to 0. There is no Bonior Jones (OH) Peterson (MN) The House will next meet for legisla- reason why we keep delaying and de- Boucher Kaptur Rahall Brown (OH) Kilpatrick Rangel tive business next Tuesday, October 16, laying and delaying. Capuano Kleczka Rivers at 12:30 p.m. for morning hour, and at 2 So I want to encourage my friend, Clayton Kucinich Roybal-Allard Clyburn LaHood p.m. for legislative business. the gentleman from Ohio, and my col- Conyers Lee Rush The House will consider a number of leagues on the other side of the aisle, Coyne Lewis (GA) Sabo measures under suspension of the rules, have that bill on the floor as soon as Sanders Cummings Markey a list of which will be distributed to we get back here next week. The Amer- Davis (IL) McDermott Schakowsky DeFazio McGovern Scott Members’ offices later today. Of special ican people are ready for it; we are DeGette McKinney Serrano importance to Members, on Tuesday, ready for it on our side. I know Mem- Delahunt Meek (FL) Solis no recorded votes are expected until 6 bers on the gentleman’s side are ready Doggett Meeks (NY) Stark Farr Millender- Thompson (MS) p.m. for it. There is no reason to continue to Filner McDonald Tierney On Wednesday and the balance of the delay this important legislation. Frank Miller, George Udall (CO) week, the House will consider the fol- Mr. OBERSTAR. Mr. Speaker, will Hastings (FL) Mink Udall (NM) lowing measures, subject to rules: the gentleman yield? Hilliard Nadler Velazquez Hinchey Oberstar First, on Wednesday, the conference Mr. BONIOR. I yield to the gen- Honda Olver report to accompany H.R. 2217, the In- tleman from Minnesota.

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00072 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.039 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6777 Mr. OBERSTAR. Mr. Speaker, I holding this up because they do not SENATE ENROLLED JOINT thank the gentleman for yielding. want it. It should be a debate where ev- RESOLUTIONS SIGNED I would just say to the distinguished erybody decides on this floor. If we The SPEAKER announced his signa- acting majority leader that in the win, fine. If they win, fine. Let us get ture to enrolled joint resolutions of the Committee on Transportation and In- on with the business of taking care of Senate of the following titles: frastructure we have worked very dili- the flying public. gently on a bipartisan basis sharing S.J. Res. 19. A joint resolution providing f for the reappointment of Anne ideas, coming to agreement on vir- d’Harnoncourt as a citizen regent of the tually all items in an aviation security REMOVAL OF NAME OF MEMBER Board of Regents of the Smithsonian Institu- bill but one. AS COSPONSOR OF H.R. 3073 tion. I would hope that we would have that Mr. MEEKS of New York. Mr. Speak- S.J. Res. 20. A joint resolution providing legislation, either the majority version for the appointment of Roger W. Sant as a or our version. Certainly, I understand er, I ask unanimous consent to have citizen regent of the Board of Regents of the bringing up the majority version of my name removed from H.R. 3073. Smithsonian Institution. The SPEAKER pro tempore (Mr. this bill on the House floor next week, f NETHERCUTT). Is there objection to the but with an opportunity for us to offer ADJOURNMENT our package as a substitute, or an request of the gentleman from New amendment in the nature of a sub- York? Mr. CULBERSON. Mr. Speaker, I stitute. There was no objection. move that the House do now adjourn. I know, without going into the detail f The motion was agreed to; accord- of it here, there is division over one ingly (at 4 o’clock and 36 minutes issue. We ought to have an opportunity ADJOURNMENT TO TUESDAY, p.m.), under its previous order, the to elucidate that issue of who ought to OCTOBER 16, 2001 House adjourned until Tuesday, Octo- conduct the screening of persons and Mr. PORTMAN. Mr. Speaker, I ask ber 16, 2001, at 12:30 p.m. for morning carry-on baggage and checked baggage unanimous consent that when the hour debates. at airports. We ought to have a ration- House adjourns today, it adjourn to f al discussion on this subject. I hope meet at 12:30 p.m. on Tuesday, October OATH FOR ACCESS TO CLASSIFIED that the majority will allow that to 16, 2001 for morning hour debates. INFORMATION occur on the House floor next week. The SPEAKER pro tempore. Is there Mr. PORTMAN. Mr. Speaker, if the objection to the request of the gen- Under clause 13 of rule XXIII, the fol- gentleman will continue to yield, I tleman from Ohio? lowing Members executed the oath for know we have an important briefing, There was no objection. access to classified information: and Members are waiting to hear the Neil Abercrombie, Anı´bal Acevedo-Vila´ , briefing and to catch airplanes and get f Gary L Ackerman, Robert B Aderholt, W. home with their families, which is also Todd Akin, Thomas H Allen, Robert E An- DISPENSING WITH CALENDAR drews, Richard K Armey, Joe Baca, Spencer very important. WEDNESDAY BUSINESS ON We totally agree that it is very ur- Bachus, Brian Baird, Richard H Baker, John WEDNESDAY NEXT Elias E Baldacci, Tammy Baldwin, Cass gent to bring this measure to the floor. Mr. PORTMAN. Mr. Speaker, I ask Ballenger, James A Barcia, Bob Barr, Thom- As we know, the Senate completed ac- as M Barrett, Roscoe G Bartlett, Joe Barton, tion only late last night. There are unanimous consent that business in Charles F Bass, Xavier Becerra, Ken Bent- some differences between the Presi- order under the Calendar Wednesday sen, Doug Bereuter, Shelley Berkley, Howard dent’s proposal and the Senate bill. rule be dispensed with on Wednesday L Berman, Marion Berry, Judy Biggert, Mi- There are some complex issues still to next. chael Bilirakis, Sanford D Bishop, Jr., Rod R be resolved. But we are very hopeful we The SPEAKER pro tempore. Is there Blagojevich, Earl Blumenauer, Roy Blunt, can get that to the floor next week and objection to the request of the gen- Sherwood L Boehlert, John A Boehner, get these issues resolved, and provide tleman from Ohio? Henry Bonilla, David E Bonior, Mary Bono, There was no objection. Robert A Borski, Leonard L Boswell, Rick the American people an additional Boucher, Allen Boyd, Kevin Brady, Robert A sense of security, in addition to the Na- f Brady, Corrine Brown, Sherrod Brown, Henry tional Guard and other important E Brown, Jr., Ed Bryant, Richard Burr, Dan measures that have been taken in the LEAVE OF ABSENCE Burton, Steve Buyer, Sonny Callahan, Ken interim. By unanimous consent, leave of ab- Calvert, Dave Camp, Chris Cannon, Eric Can- I would tell the gentleman that the sence was granted to: tor, Shelley Moore Capito, Lois Capps, Mi- points are well taken, and we will move chael E Capuano, Benjamin L Cardin, Brad Mr. BOYD (at the request of Mr. GEP- with urgency. Carson, Julia Carson, Michael N Castle, HARDT) for today after 12:30 p.m. on ac- Mr. BONIOR. Mr. Speaker, I would Steve Chabot, Saxby Chambliss, Donna M count of business in the district. just say to my friend, the gentleman Christensen, Wm. Lacy Clay, Eva M Clayton, Ms. HARMAN (at the request of Mr. Bob Clement, James E Clyburn, Howard from Ohio, and he is my friend, that GEPHARDT) for today after 3:00 p.m. on Coble, Mac Collins, Larry Combest, Gary A the Senate worked last night on the account of previously scheduled sur- Condit, John Cooksey, Jerry F Costello, bill we just passed here a few moments gery. Christopher Cox, William J Coyne, Robert E ago. The gentleman on his side saw fit (Bud) Cramer, Jr., Philip P Crane, Ander Mr. MILLER of Florida (at the request to bring it to the floor and get it done Crenshaw, Joseph Crowley, Barbara Cubin, of Mr. ARMEY) for October 9 and the today. John Abney Culberson, Elijah E Cummings, There is no reason why we cannot balance of the week on account of fam- Randy ‘‘Duke’’ Cunningham, Danny K Davis, move on this important piece of legis- ily medical reasons. Jim Davis, Jo Ann Davis, Susan A Davis, lation. It passed the Senate 100 to 0. Mr. ADERHOLT (at the request of Mr. Thomas M Davis, Nathan Deal, Peter A DeFazio, Diana DeGette, William D The American people want security in ARMEY) for today on account of his house catching on fire. Delahunt, Rosa L DeLauro, Tom DeLay, Jim aviation, in flying in this country. We DeMint, Peter Deutsch, Lincoln Diaz-Balart, need it, and we need it yesterday. So I f Norman D Dicks, John D Dingell, Lloyd want to encourage all my colleagues on Doggett, Calvin M Dooley, John T Doolittle, the other side to pressure their leader- ENROLLED JOINT RESOLUTION Michael F Doyle, David Dreier, John J Dun- ship to get it to the floor. SIGNED can, Jr., Jennifer Dunn, Chet Edwards, We know what the issue is. The issue Mr. Trandahl, Clerk of the House, re- Vernon J Ehlers, Robert L Ehrlich, Jr., Jo is whether we are going to have a pro- ported and found truly enrolled a joint Ann Emerson, Eliot L Engel, Phil English, fessional Federal work force inspect- resolution of the House of the following Anna G Eshoo, Bob Etheridge, Lane Evans, Terry Everett, Eni F.H. Faleomavaega, Sam ing. Everyone understands that. Why title, which was thereupon signed by Farr, Chaka Fattah, Mike Ferguson, Bob Fil- do we not have a debate on that? This the Speaker: ner, Jeff Flake, Ernie Fletcher, Mark Foley, is what this is about. H.J. Res. 68. Joint resolution making fur- J. Randy Forbes, Harold E Ford, Jr., Vito It should not be about one or two ther continuing appropriations for the fiscal Fossella, Barney Frank, Rodney P Freling- people on that side of the aisle who are year 2002, and for other purposes. huysen, Martin Frost, Elton Gallegly, Greg

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00073 Fmt 0636 Sfmt 0634 E:\CR\FM\K12OC7.086 pfrm01 PsN: H12PT1 H6778 CONGRESSIONAL RECORD — HOUSE October 12, 2001 Ganske, George W Gekas, Richard A Gep- Serrano, Pete Sessions, John B Shadegg, E. Cost or Pricing Data Threshold [DFARS hardt, Jim Gibbons, Wayne T Gilchrest, Paul Clay Shaw, Jr., Christopher Shays, Brad Case 2000–D026] received September 25, 2001, E Gillmor, Benjamin A Gilman, Charles A Sherman, Don Sherwood, John Shimkus, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Gonzalez, Virgil H Goode, Jr., Bob Goodlatte, Ronnie Shows, Bill Shuster, Rob Simmons, mittee on Armed Services. Bart Gordon, Porter J Goss, Lindsey O Michael K Simpson, Norman Sisisky, Joe 4234. A letter from the Director, Defense Graham, Kay Granger, Sam Graves, Gene Skeen, Ike Skelton, Louise McIntosh Procurement, Department of Defense, trans- Green, Mark Green, James C Greenwood, Slaughter, Adam Smith, Christopher H mitting the Department’s final rule—Defense Felix J Grucci, Jr., Luis Gutierrez, Gil Gut- Smith, Lamar S Smith, Nick Smith, Vic Federal Acquisition Regulation Supplement; knecht, Ralph M Hall, Tony P Hall, James V Snyder, Hilda L. Solis, Mark E Souder, Domestic Source Restrictions-Ball and Roll- Hansen, Jane Harman, Melissa A Hart, J. Floyd Spence, John N Spratt, Jr., Fortney er Bearings and Vessel Propellers [DFARS Dennis Hastert, Alcee L Hastings, Doc Pete Stark, Cliff Stearns, Charles W Sten- Case 2000–D301] received September 25, 2001, Hastings, Robin Hayes, J.D. Hayworth, Joel holm, Ted Strickland, Bob Stump, Bart Stu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Hefley, Wally Herger, Baron P Hill, Van pak, John E Sununu, John E Sweeney, mittee on Armed Services. Hilleary, Earl F Hilliard, Maurice D Hin- Thomas G Tancredo, John S Tanner, Ellen O 4235. A letter from the Director, Defense ´ chey, Ruben Hinojosa, David L Hobson, Jo- Tauscher, W.J. (Billy) Tauzin, Charles H Procurement, Department of Defense, trans- seph M Hoeffel, Peter Hoekstra, Tim Holden, Taylor, Gene Taylor, Lee Terry, William M mitting the Department’s final rule—Defense Rush D Holt, Michael M Honda, Darlene Thomas, Bennie G Thompson, Mike Thomp- Federal Acquisition Regulation Supplement; Hooley, Stephen Horn, John N Hostettler, son, Mac Thornberry, John R Thune, Karen Use of Recovered Materials [DFARS Case Amo Houghton, Steny H Hoyer, Kenny C L Thurman, Todd Tiahrt, Patrick J. Tiberi, 2001–D005] received September 25, 2001, pursu- Hulshof, Duncan Hunter, Asa Hutchinson, John F Tierney, Patrick J Toomey, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Henry J Hyde, Jay Inslee, Johnny Isakson, Edolphus Towns, James A Traficant, Jr., on Armed Services. Steve Israel, Darrell E Issa, Ernest J. Istook, Jim Turner, Mark Udall, Tom Udall, Robert 4236. A letter from the Director, Defense Jr., Jesse L Jackson, Jr., Sheila Jackson- A Underwood, Fred Upton, Nydia M Velaz- Procurement, Department of Defense, trans- Lee, William J. Jefferson, William L Jen- mitting the Department’s final rule—Defense kins, Christopher John, Eddie Bernice John- quez, Peter J Visclosky, David Vitter, Greg Walden, James T Walsh, Zach Wamp, Maxine Federal Acquisition Regulation Supplement; son, Nancy L Johnson, Sam Johnson, Tim- Cancellation of MIL-STD–973, Configuration othy V. Johnson, Stephanie Tubbs Jones, Waters, Wes Watkins, Diane E Watson, Mel- vin L Watt, J.C. Watts, Jr., Henry A Wax- Management [DFARS Case 2001–D001] re- Walter B Jones, Paul E Kanjorski, Marcy ceived September 25, 2001, pursuant to 5 Kaptur, Ric Keller, Sue W Kelly, Mark R. man, Anthony D Weiner, Curt Weldon, Dave Weldon, Jerry Weller, Robert Wexler, Ed U.S.C. 801(a)(1)(A); to the Committee on Kennedy, Patrick J Kennedy, Brian D. Armed Services. Kerns, Dale E Kildee, Carolyn C Kilpatrick, Whitfield, Roger F Wicker, Heather Wilson, Frank R Wolf, Lynn C Woolsey, David Wu, 4237. A letter from the Director, Defense Ron Kind, Peter T King, Jack Kingston, Procurement, Department of Defense, trans- Mark Steven Kirk, Gerald D Kleczka, Joe Albert Russell Wynn, C.W. Bill Young, Don Young. mitting the Department’s final rule—Defense Knollenberg, Jim Kolbe, Dennis J Kucinich, Federal Acquisition Regulation Supplement; John J LaFalce, Ray LaHood, Nick f Memorandum of Understanding—Section 8(a) Lampson, James R. Langevin, Tom Lantos, EXECUTIVE COMMUNICATIONS, Program [DFARS Case 2001–D009] received Steve Largent, Rick Larsen, John B Larson, September 25, 2001, pursuant to 5 U.S.C. Tom Latham, Steven C LaTourette, James A ETC. 801(a)(1)(A); to the Committee on Armed Leach, Barbara Lee, Sander M Levin, Jerry Under clause 8 of rule XII, executive Services. Lewis, John Lewis, Ron Lewis, John Linder, 4238. A letter from the Assistant General William O Lipinski, Frank A LoBiondo, Zoe communications were taken from the Speaker’s table and referred as follows: Counsel for Regulations, Department of Lofgren, Nita M Lowey, Frank D Lucas, Ken Housing and Urban Development, transmit- Lucas, Bill Luther, Carolyn B Maloney, 4228. A letter from the Acting Adminis- ting the Department’s final rule—Revisions James H Maloney, Donald A Manzullo, Ed- trator, Agricultural Marketing Service, De- to SEMAP Lease-up Indicator [Docket No. ward J Markey, Frank Mascara, Jim Mathe- partment of Agriculture, transmitting the FR–4604–I–01] (RIN: 2577–AC21) received Octo- son, Robert T Matsui, Carolyn McCarthy, Department’s final rule— Oranges, Grape- ber 1, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); Karen McCarthy, Betty McCollum, Jim fruit, Tangerines, and Tangelos Grown in to the Committee on Financial Services. McCrery, James P McGovern, John McHugh, Florida; Limiting the Volume of Small Red 4239. A letter from the Assistant General Scott McInnis, Mike McIntyre, Howard P. Seedless Grapefruit [Docket No. FV01–905–1 Counsel for Regulations, Department of McKeon, Cynthia A McKinney, Michael R IFR] received October 1, 2001, pursuant to 5 Housing and Urban Development, transmit- McNulty, Martin T Meehan, Carrie P Meek, U.S.C. 801(a)(1)(A); to the Committee on Ag- ting the Department’s final rule—Fair Mar- Gregory W Meeks, Robert Menendez, John L riculture. ket Rents for the Housing Choice Voucher Mica, Juanita Millender-McDonald, Dan Mil- 4229. A letter from the Acting Adminis- Program and Moderate Rehabilitation Single ler, Gary G Miller, George Miller, Patsy T trator, Agricultural Marketing Service, De- Room Occupancy Program—Fiscal Year 2002 Mink, John Joseph Moakley, Alan B Mol- partment of Agriculture, transmitting the [Docket No. 4680–N–02] received October 1, lohan, Dennis Moore, James P Moran, Jerry Department’s final rule— Irish Potatoes 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Moran, Constance A Morella, John P Mur- Grown in Colorado; Suspension of Con- Committee on Financial Services. tha, Sue Wilkins Myrick, Jerrold Nadler, tinuing Assessment Rate [Docket No. FV01– 4240. A letter from the Legislative and Reg- Grace F Napolitano, Richard E Neal, George 948–2 IFR] received October 1, 2001, pursuant ulatory Activities Division, Office of the R Nethercutt, Jr., Robert W Ney, Anne M to 5 U.S.C. 801(a)(1)(A); to the Committee on Comptroller of the Currency, transmitting Northup, Eleanor Holmes Norton, Charlie Agriculture. the Office’s final rule—Operating Subsidi- Norwood, Jim Nussle, James L Oberstar, 4230. A letter from the Congressional Re- aries of Federal Branches and Agencies David R Obey, John W Olver, Solomon P view Coordinator, Animal and Plant Health [Docket No. 01–21] (RIN: 1557–AB92) received Ortiz, Tom Osborne, Doug Ose, C. L. Otter, Inspection Service, Department of Agri- October 1, 2001, pursuant to 5 U.S.C. Major R Owens, Michael G Oxley, Frank culture, transmitting the Department’s final 801(a)(1)(A); to the Committee on Financial Pallone, Jr., Bill Pascrell, Jr., Ed Pastor, rule—Tuberculosis in Cattle, Bison, and Cap- Services. Ron Paul, Donald M Payne, Nancy Pelosi, tive Cervids; State and Zone Designations 4241. A letter from the Principal Deputy Mike Pence, Collin C Peterson, John E Pe- [Docket No. 99–092–2] received October 1, Associate Administrator, Environmental terson, Thomas E Petri, David D Phelps, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Protection Agency, transmitting the Agen- Charles W. Pickering, Joseph R Pitts, Todd Committee on Agriculture. cy’s final rule— Revisions to the Arizona Russell Platts, Richard W Pombo, Earl Pom- 4231. A letter from the Chairman, National State Implementation Plan, Pinal County eroy, Rob Portman, David E Price, Deborah Capital Planning Commission, transmitting Air Quality Control District [AZ 063–0046; Pryce, Adam H. Putnam, Jack Quinn, George a report of a technical violation of the Anti- FRL–7066–7] received September 24, 2001, pur- Radanovich, Nick J Rahall, II, Jim Ramstad, Deficiency Act, pursuant to 31 U.S.C. 1351; to suant to 5 U.S.C. 801(a)(1)(A); to the Com- Charles B Rangel, Ralph Regula, Dennis R. the Committee on Appropriations. mittee on Energy and Commerce. Rehberg, Silvestre Reyes, Thomas M Rey- 4232. A letter from the Under Secretary for 4242. A letter from the Prinicpal Deputy nolds, Bob Riley, Lynn N Rivers, Ciro D Acquisition, Technology, and Logistics, De- Associate Administrator, Environmental Rodriguez, Tim Roemer, Harold Rogers, partment of Defense, transmitting the Sec- Protection Agency, transmitting the Agen- Mike Rogers, Dana Rohrabacher, Ileana Ros- retary’s certification that full-up, system- cy’s final rule— Standards of Performance Lehtinen, Mike Ross, Steven R Rothman, level live fire testing of the T-AKE Auxiliary for Industrial-Commercial-Institutional Marge Roukema, Lucille Roybal-Allard, Ed- Cargo and Ammunition Ship Class would be Steam Generating Units [AD-FRL–7066–4] re- ward R Royce, Bobby L Rush, Paul Ryan, unreasonably expensive and impractical, ceived September 24, 2001, pursuant to 5 Jim Ryun, Martin Olav Sabo, Loretta pursuant to 10 U.S.C. 2366(c)(1); to the Com- U.S.C. 801(a)(1)(A); to the Committee on En- Sanchez, Bernard Sanders, Max Sandlin, mittee on Armed Services. ergy and Commerce. Tom Sawyer, Jim Saxton, Joe Scarborough, 4233. A letter from the Director, Defense 4243. A letter from the Principal Deputy Bob Schaffer, Janice D Schakowsky, Adam Procurement, Department of Defense, trans- Associate Administrator, Environmental B. Schiff, Edward L. Schrock, Robert C mitting the Department’s final rule—Defense Protection Agency, transmitting the Agen- Scott, F. James Sensenbrenner, Jr., Jose´ E Federal Acquisition Regulation Supplement; cy’s final rule— Approval of Section 112(I)

VerDate 13-OCT-2001 03:23 Oct 13, 2001 Jkt 099060 PO 00000 Frm 00074 Fmt 0636 Sfmt 0634 E:\CR\FM\A12OC7.053 pfrm01 PsN: H12PT1 October 12, 2001 CONGRESSIONAL RECORD — HOUSE H6779 Authority for Hazardous Air Pollutants; 58] received September 25, 2001, pursuant to 5 for consideration of the bill (H.R. 2975) to State of Delaware; Department of Natural U.S.C. 801(a)(1)(A); to the Committee on combat terrorism, and for other purposes Resources and Environmental Control Ways and Means. (Rept. 107–238). Referred to the House Cal- [DE001–1001; FRL–7056–7] received September 4254. A letter from the Chief, Regulations endar. 24, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to Unit, Internal Revenue Service, transmitting Mr. SENSENBRENNER: Committee on the the Committee on Energy and Commerce. the Service’s final rule—Definitions Relating Judiciary. H.R. 2336. A bill to make perma- 4244. A letter from the Principal Deputy to Corporate Reorganizations [Rev. Rul. nent the authority to redact financial disclo- Associate Administrator, Environmental 2001–46] received September 25, 2001, pursuant sure statements of judicial employees and Protection Agency, transmitting the Agen- to 5 U.S.C. 801(a)(1)(A); to the Committee on judicial officers (Rept. 107–239). Referred to cy’s final rule— National Emission Stand- Ways and Means. the Committee of the Whole House on the ards for Hazardous Air Pollutants from Nat- 4255. A letter from the Chief, Regulations State of the Union. ural Gas Transmission and Storage Facili- Unit, Internal Revenue Service, transmitting f ties [AD-FRL–7067–9] (RIN: 2060–AG91) re- the Service’s final rule—Liabilities Assumed ceived September 24, 2001, pursuant to 5 in Certain Corporate Transactions [TD 8964] TIME LIMITATION OF REFERRED U.S.C. 801(a)(1)(A); to the Committee on En- (RIN: 1545–AY55) received October 1, 2001, BILL ergy and Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4245. A communication from the President mittee on Ways and Means. Pursuant to clause 2 of rule XII the of the United States, transmitting His report 4256. A letter from the Chief, Regulations following action was taken by the on the status of efforts to obtain Iraq’s com- Unit, Internal Revenue Service, transmitting Speaker: pliance with the resolutions adopted by the the Service’s final rule—Gross Income—re- H.R. 1408. Referral to the Committee on United Nations Security Council; (H. Doc. ceived October 1, 2001, pursuant to 5 U.S.C. the Judiciary extended for a period ending No. 107—132); to the Committee on Inter- 801(a)(1)(A); to the Committee on Ways and not later than October 16, 2001. national Relations and ordered to be printed. Means. H.R. 2541. Referral to the Committee on 4246. A letter from the Assistant Secretary 4257. A letter from the Chief, Regulations the Judiciary extended for a period ending for Export Administration, Department of Unit, Internal Revenue Service, transmitting not later than November 2, 2001. Commerce, transmitting the Department’s the Service’s final rule—Accrual of Medicaid H.R. 3016. Referral to the Committee on final rule—Revisions and Clarifications to Rebate Liability— received October 1, 2001, the Judiciary extended for a period ending the Export Administration Regulations—— pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- not later than October 16, 2001. Chemical and Biological Weapons Controls: mittee on Ways and Means. Australia Group; Chemical Weapons Conven- 4258. A letter from the Chief, Regulations f tion [Docket No. 010914228–1228–01] (RIN: Unit, Internal Revenue Service, transmitting PUBLIC BILLS AND RESOLUTIONS 0694–AC43) received October 1, 2001, pursuant the Service’s final rule—Archer Medical Sav- to 5 U.S.C. 801(a)(1)(A); to the Committee on ings Accounts [Annoucement 2001–99] re- Under clause 2 of rule XII, public International Relations. ceived October 1, 2001, pursuant to 5 U.S.C. bills and resolutions were introduced 4247. A letter from the Office of Sustain- 801(a)(1)(A); to the Committee on Ways and and severally referred, as follows: able Fisheries, NMFS, National Oceanic and Means. By Mr. SENSENBRENNER: Atmospheric Administration, transmitting 4259. A letter from the Chief, Regulations H.R. 3108. A bill to deter and punish ter- the Administration’s final rule—Fisheries of Unit, Internal Revenue Service, transmitting rorist acts in the United States and around the Exclusive Economic Zone Off Alaska; the Service’s final rule—Applicable recovery the world, to enhance law enforcement inves- Atka Mackerel in the Central Aleutian Dis- period under IRC Sec. 168(a) for slot ma- tigatory tools, and for other purposes; to the trict and Bering Sea Subarea of the Bering chines, video lottery terminals, and gaming Committee on the Judiciary, and in addition Sea and Aleutian Islands [Docket No. furniture, fixtures and equipment—received to the Committees on Intelligence (Perma- 010112013–1013–01; I.D. 091801A] received Sep- October 1, 2001, pursuant to 5 U.S.C. nent Select), International Relations, En- tember 24, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and ergy and Commerce, Financial Services, 801(a)(1)(A); to the Committee on Resources. Means. 4248. A letter from the Principal Deputy 4260. A letter from the Chief, Regulations Education and the Workforce, and Transpor- Associate Administrator, Environmental Unit, Internal Revenue Service, transmitting tation and Infrastructure, for a period to be Protection Agency, transmitting the Agen- the Service’s final rule—Last-in, First-out subsequently determined by the Speaker, in cy’s final rule—Class Deviation from the inventories [Rev. Rul. 2001–45] received Octo- each case for consideration of such provi- Provisions of 40 CFR 35. 3.25(b)(1) received ber 1, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); sions as fall within the jurisdiction of the September 24, 2001, pursuant to 5 U.S.C. to the Committee on Ways and Means. committee concerned. 801(a)(1)(A); to the Committee on Transpor- 4261. A letter from the Chief, Regulations By Mr. HOUGHTON (for himself, Mr. tation and Infrastructure. Unit, Internal Revenue Service, transmitting ALLEN, Mr. ENGLISH, Mr. MCNULTY, 4249. A letter from the Director, Office of the Service’s final rule—Loss Utilization in a Mr. WALSH, Mr. LAFALCE, Mr. KOLBE, Regulations Management, Department of Life-Nonlife Consolidated Return Separate v. Mr. KIND, Mr. SWEENEY, Mr. MOORE, Veterans’ Affairs, transmitting the Depart- Single Entity Approach—received October 1, Mrs. EMERSON, Mr. POMEROY, Mr. ment’s final rule— Board of Veterans’ Ap- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the MCHUGH, Mr. TAYLOR of Mississippi, peals: Rules of Practice—Time for Filing Committee on Ways and Means. Mr. SMITH of New Jersey, Mr. FROST, Substantive Appeal (RIN: 2900–AK54) re- 4262. A letter from the Chief, Regulations Mr. BOEHLERT, Mr. HINCHEY, Mr. ceived October 1, 2001, pursuant to 5 U.S.C. Unit, Internal Revenue Service, transmitting FRELINGHUYSEN, Mr. PALLONE, Mrs. 801(a)(1)(A); to the Committee on Veterans’ the Service’s final rule—Examination of re- ROUKEMA, Mr. BORSKI, Mr. SAXTON, Affairs. turns and claims for refund, credit, or abate- Mrs. MINK of Hawaii, Mr. REYNOLDS, 4250. A letter from the Director, Office of ment; determination of correct tax liability Mr. CAPUANO, Mr. FERGUSON, Mr. Regulations Management, Department of [Rev. Proc. 2001–47] received October 1, 2001, THOMPSON of California, Mr. KILDEE, Veterans’ Affairs, transmitting the Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. ANDREWS, Mr. STUPAK, Mr. OBER- ment’s final rule— Board of Veterans’ Ap- mittee on Ways and Means. STAR, Ms. SLAUGHTER, Mr. MENENDEZ, peals: Rules of Practice—Subpoenas (RIN: Mr. TRAFICANT, Mr. BALDACCI, Mr. f 2900–AJ58) received September 26, 2001, pur- ROSS, and Mr. BROWN of Ohio): suant to 5 U.S.C. 801(a)(1)(A); to the Com- REPORTS OF COMMITTEES ON H.R. 3109. A bill to amend the title XVIII of mittee on Veterans’ Affairs. PUBLIC BILLS AND RESOLUTIONS the Social Security Act to provide payment 4251. A letter from the Chief, Regulations to Medicare ambulance suppliers of the full Branch, U.S. Customs Service, Department Under clause 2 of rule XIII, reports of costs of providing such services, and for of the Treasury, transmitting the Depart- committees were delivered to the Clerk other purposes; to the Committee on Energy ment’s final rule—User Fee Airports [T.D. for printing and reference to the proper and Commerce, and in addition to the Com- 01–70] received October 1, 2001, pursuant to 5 calendar, as follows: mittee on Ways and Means, for a period to be U.S.C. 801(a)(1)(A); to the Committee on [Filed on October 12 (legislative day of subsequently determined by the Speaker, in Ways and Means. October 11), 2001] each case for consideration of such provi- 4252. A letter from the Chief, Regulations sions as fall within the jurisdiction of the Mr. REYNOLDS: Committee on Rules. Branch, Department of the Treasury, trans- committee concerned. House Resolution 263. Resolution waiving a mitting the Department’s final rule—Name By Mr. OBERSTAR (for himself, Mr. requirement of clause 6(a) of rule XIII with Change Of User Fee Airport in Ocala, Florida GEPHARDT, Mr. LIPINSKI, Mr. respect to consideration of certain resolu- [T.D. 01–69] received September 26, 2001, pur- DEFAZIO, Mr. BORSKI, Mr. RAHALL, tions reported from the Committee on Rules suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. BOSWELL, Mr. HOLDEN, Mr. CLEM- (Rept. 107–237). Referred to the House Cal- mittee on Ways and Means. ENT, Mr. COSTELLO, Mr. NADLER, Ms. endar. 4253. A letter from the Chief, Regulations BROWN of Florida, Mr. BARCIA, Ms. Unit, Internal Revenue Service, transmitting [Submitted October 12, 2001] EDDIE BERNICE JOHNSON of Texas, Ms. the Service’s final rule—Administrative, Mr. DIAZ-BALART: Committee on Rules. NORTON, Mrs. TAUSCHER, Mr. MATHE- Procedural, and Miscellaneous [Notice 2001– House Resolution 264. Resolution providing SON, Mr. HONDA, Mr. MASCARA, Mr.

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BALDACCI, Mr. CUMMINGS, Mr. computer to lists of suspected terrorists; to ISTOOK, Mr. KOLBE, Mr. LUCAS of PASCRELL, Mr. MCGOVERN, Mr. the Committee on the Judiciary. Oklahoma, Mr. MCKEON, Mr. CAL- LAMPSON, Mr. BAIRD, Mr. CARSON of By Mr. MORAN of Kansas (for himself VERT, Mr. WELDON of Florida, Mr. Oklahoma, Mr. SANDLIN, Mr. and Mr. UDALL of New Mexico): CANNON, Mr. GIBBONS, Mr. LOBIONDO, BLUMENAUER, Ms. BERKLEY, Ms. H.R. 3121. A bill to further continued eco- Mr. LEWIS of California, Mr. OTTER, MILLENDER-MCDONALD, Mr. LARSEN nomic viability in the communities on the Mr. EHLERS, Mr. REGULA, Mr. ROHR- of Washington, Mr. FILNER, Mr. High Plains by promoting sustainable ABACHER, Mr. JONES of North Caro- MENENDEZ, Mr. BERRY, Mr. HOLT, groundwater management of the Ogallala lina, Mr. EHRLICH, Mr. WICKER, Mr. Mrs. CAPPS, and Mr. LANTOS): Aquifer; to the Committee on Resources, and LATHAM, Mrs. BONO, Mr. HILLEARY, H.R. 3110. A bill to improve aviation secu- in addition to the Committee on Agriculture, Mr. BRYANT, Mr. GREEN of Wisconsin, rity, and for other purposes; to the Com- for a period to be subsequently determined Mr. TOOMEY, Mr. WATTS of Okla- mittee on Transportation and Infrastruc- by the Speaker, in each case for consider- homa, Mr. PENCE, Mr. DUNCAN, Mr. ture. ation of such provisions as fall within the ju- HEFLEY, Mr. ISAKSON, Mr. By Ms. KAPTUR: risdiction of the committee concerned. LATOURETTE, Mr. SIMPSON, Mr. COM- H.R. 3111. A bill to authorize the Secretary By Ms. NORTON: BEST, Mr. AKIN, and Mr. DOOLITTLE): of the Treasury to issue 21st Century Inde- H.R. 3122. A bill to extend to the Mayor of H. Con. Res. 248. Concurrent resolution ex- pendence Savings Bonds; to the Committee the District of Columbia the same authority pressing the sense of the Congress that pub- on Ways and Means. with respect to the National Guard of the lic schools may display the words ‘‘God Bless By Mr. BOEHNER (for himself, Mr. District of Columbia as the Governors of the America’’ as an expression of support for the MCKEON, and Mr. SAM JOHNSON of several States exercise with respect to the Nation; to the Committee on Education and Texas): National Guard of those States; to the Com- the Workforce. H.R. 3112. A bill to amend the Workforce mittee on Government Reform, and in addi- By Mr. RANGEL (for himself, Mr. GIL- Investment Act of 1998 to establish a na- tion to the Committee on Armed Services, MAN, and Mr. CROWLEY): tional emergency grant program to respond for a period to be subsequently determined H. Con. Res. 249. Concurrent resolution to the terrorist attacks of September 11, by the Speaker, in each case for consider- providing for a joint session of Congress to 2001, and for other purposes; to the Com- ation of such provisions as fall within the ju- be held in New York City, New York; to the mittee on Education and the Workforce. risdiction of the committee concerned. Committee on the Judiciary. By Mrs. MINK of Hawaii (for herself, By Mr. PASCRELL (for himself, Mrs. By Mrs. MYRICK: Mr. BONIOR, Ms. CARSON of Indiana, MORELLA, Mr. GILMAN, Mr. PAYNE, H. Res. 265. A resolution amending the Mrs. CLAYTON, Mr. CLAY, Mr. EVANS, Mr. ROTHMAN, Mr. PALLONE, Mr. rules of the House of Representatives to pro- Mr. FARR of California, Mr. FILNER, LANGEVIN, Mr. BARCIA, Ms. HOOLEY of hibit access to classified information by Mr. GUTIERREZ, Mr. HASTINGS of Flor- Oregon, Mr. LAMPSON, Mr. LARSON of Members who do not have the appropriate se- ida, Mr. HILLIARD, Mr. HINCHEY, Ms. Connecticut, and Mrs. MCCARTHY of curity clearance required for viewing the in- EDDIE BERNICE JOHNSON of Texas, Mr. New York): formation; to the Committee on Rules. KUCINICH, Ms. LEE, Mr. LEWIS of H.R. 3123. A bill to amend chapter 40 of Georgia, Ms. LOFGREN, Mr. title 18, United States Code, to increase the f MCDERMOTT, Ms. MCKINNEY, Mrs. penalties for using an instrumentality of MEEK of Florida, Mr. NADLER, Ms. interstate commerce to threaten to kill, in- ADDITIONAL SPONSORS NORTON, Mr. OWENS, Mr. PAYNE, Ms. jure, or intimidate any individual or unlaw- Under clause 7 of rule XII, sponsors ROYBAL-ALLARD, Ms. SCHAKOWSKY, fully to damage or destroy property by were added to public bills and resolu- Ms. SOLIS, Mr. STARK, Ms. WATERS, means of fire or an explosive; to the Com- tions as follows: Ms. WOOLSEY, and Ms. BROWN of Flor- mittee on the Judiciary. H.R. 162: Mr. CUMMINGS. ida): By Mr. RAMSTAD: H.R. 3113. A bill to reauthorize and improve H.R. 3124. A bill to amend the Internal Rev- H.R. 218: Mr. COMBEST, Mr. RILEY, and Mr. the program of block grants to States for enue Code of 1986 to provide that the special FOSSELLA. temporary assistance for needy families; to tax imposed on the recognition of built-in H.R. 424: Mr. FILNER, Mr. SMITH of New the Committee on Ways and Means. gain by an S corporation shall not apply to Jersey, and Mr. MCGOVERN. By Mr. ACEVEDO-VILA: the extent such gain is reinvested in the H.R. 482: Mr. FERGUSON. H.R. 3114. A bill to amend the Internal Rev- business; to the Committee on Ways and H.R. 488: Mr. FORD. enue Code of 1986 to make permanent the in- Means. H.R. 510: Mr. GRUCCI and Mr. ROTHMAN. crease in the cover over of tax on distilled By Mr. SANDLIN: H.R. 674: Mr. ROTHMAN. spirits to Puerto Rico and the Virgin Islands; H.R. 3125. A bill to amend the Truth in H.R. 709: Mr. BACA. to the Committee on Ways and Means. Lending Act to impose a temporary cap on H.R. 782: Mr. LIPINSKI and Mr. GOODE. By Mr. BENTSEN: credit card interest rates, and for other pur- H.R. 783: Mr. SMITH of New Jersey. H.R. 3115. A bill to allow letters sent to the poses; to the Committee on Financial Serv- H.R. 868: Mr. GREEN of Wisconsin. White House, marked ‘‘America’s Fund for ices. H.R. 951: Mr. FLETCHER, Mr. DINGELL, Mr. Afghan Children’’, to be mailed free of post- By Mr. SANDLIN: PUTNAM, Mr. LAHOOD, Mr. SMITH of Michi- age; to the Committee on Government Re- H.R. 3126. A bill to amend the Truth in gan, and Ms. HART. form. Lending Act to impose a temporary cap on H.R. 981: Mr. GRAHAM. By Mr. BENTSEN: credit card interest rates, and for other pur- H.R. 1158: Mr. GANSKE. H.R. 3116. A bill to amend the Internal Rev- poses; to the Committee on Financial Serv- H.R. 1176: Mr. PRICE of North Carolina. enue Code of 1986 to eliminate tax subsidies ices. H.R. 1187: Mrs. BIGGERT. for ethanol fuel; to the Committee on Ways H.R. 1331: Mr. FORBES. and Means. By Mr. UDALL of New Mexico: H.R. 3127. A bill to amend the Federal Meat H.R. 1374: Ms. KILPATRICK, Mr. BONIOR, Ms. By Mr. CLEMENT: RIVERS, Mr. EHLERS, Mr. KNOLLENBERG, and H.R. 3117. A bill to suspend temporarily the Inspection Act and the Poultry Products In- Mr. SMITH of Michigan. duty on 1,3-Benzenedicarboxylic acid, 5- spection Act to authorize the Secretary of H.R. 1411: Mr. HAYES. sulfo-1,3-dimethyl ester sodium salt; to the Agriculture to order the recall of meat and H.R. 1582: Mr. GREEN of Texas. Committee on Ways and Means. poultry that is adulterated, misbranded, or H.R. 1682: Ms. LEE. By Mr. EHRLICH: otherwise unsafe; to the Committee on Agri- H.R. 3118. A bill to amend title 23, United culture. H.R. 1723: Mr. BENTSEN and Ms. CARSON of States Code, relating to minimum penalties By Mr. UNDERWOOD: Indiana. for repeat offenders for driving while intoxi- H.R. 3128. A bill to authorize the establish- H.R. 1784: Mr. GUTIERREZ and Ms. HOOLEY cated or under the influence of alcohol; to ment of a National Guard of the Northern of Oregon. the Committee on Transportation and Infra- Mariana Islands; to the Committee on Armed H.R. 1810: Ms. KILPATRICK. structure. Services. H.R. 1822: Ms. DEGETTE, Mr. HEFLEY, and By Mr. HASTINGS of Florida: By Mr. BROWN of South Carolina (for Ms. MCCOLLUM. H.R. 3119. A bill to amend title II of the So- himself, Mr. ADERHOLT, Mr. BAKER, H.R. 1861: Ms. BALDWIN. cial Security Act to increase to $1,000 the Mr. BUYER, Mr. CRENSHAW, Mrs. JO H.R. 1911: Mr. BEREUTER. maximum amount of the lump-sum death ANN DAVIS of Virginia, Mr. DEMINT, H.R. 1919: Mr. SWEENEY, Mr. FOSSELLA, Mr. benefit and to allow for payment of such a Mr. GRAHAM, Mr. GRAVES, Mr. KERNS, SOUDER, Mrs. KELLY, Mr. BLUNT, Mr. GILMAN, benefit, in the absence of an eligible sur- Mr. LARGENT, Mrs. MYRICK, Mr. Mr. FLETCHER, Mr. FRANK, and Mr. ROTHMAN. viving spouse or child, to the legal represent- PHELPS, Mr. PITTS, Mr. PLATTS, Mr. H.R. 1979: Mr. MOORE. ative of the estate of the deceased indi- SHIMKUS, Mr. SHOWS, Mr. TAYLOR of H.R. 2107: Mr. LUCAS of Kentucky. vidual; to the Committee on Ways and Mississippi, Mr. GOODLATTE, Mr. H.R. 2117: Mr. BERRY. Means. MANZULLO, Ms. HART, Mr. REHBERG, H.R. 2125: Mr. GEKAS, Mr. CONDIT, and Mr. By Mr. KELLER: Mr. OSBORNE, Mr. COBLE, Mr. GUT- KLECZKA. H.R. 3120. A bill to provide for a study on KNECHT, Mr. CALLAHAN, Mr. GRUCCI, H.R. 2160: Mr. ROTHMAN. the feasibility of giving airlines access by Mrs. WILSON, Mr. KELLER, Mr. H.R. 2163: Mr. HONDA.

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H.R. 2173: Mr. LAHOOD and Mr. ETHERIDGE. H.R. 2961: Mr. KANJORSKI. H. Con. Res. 188: Mr. CALVERT. H.R. 2288: Mr. REYES. H.R. 2989: Mr. ENGLISH and Mr. HOLDEN. H. Con. Res. 197: Mr. WAMP and Mr. OWENS. H.R. 2329: Mr. PENCE and Mr. VISCLOSKY. H.R. 2998: Mr. NORWOOD and Mr. LINDER. H. Con. Res. 211: Mr. PAYNE and Ms. H.R. 2357: Mr. GIBBONS. H.R. 3000: Mrs. JONES of Ohio. MCCARTHY of Missouri. H.R. 2381: Mr. SCHAFFER and Mr. FATTAH. H.R. 3007: Mr. ISAKSON, Mr. GRUCCI, Mrs. H. Con. Res. 230: Mr. FALEOMAVAEGA, Mr. H.R. 2395: Mr. MCNULTY. MORELLA, and Mr. SWEENEY. FARR of California, Ms. BERKLEY, Mr. H.R. 2405: Ms. LEE and Mr. BLAGOJEVICH. H.R. 3011: Mr. LAFALCE and Ms. CARSON of COSTELLO, and Mr. MORAN of Virginia. H.R. 2521: Mrs. JOHNSON of Connecticut, Indiana. H. Con. Res. 232: Mr. ENGLISH, Mr. Mr. LIPINSKI, Mr. FORD, and Mr. TANNER. H.R. 3014: Mr. LAHOOD, Mr. MORAN of Kan- KNOLLENBERG, Mrs. KELLY, Mr. REHBERG, Mr. H.R. 2577: Ms. KILPATRICK, Mr. BONIOR, Ms. sas, and Mr. MCDERMOTT. HYDE, Mr. SHERWOOD, Mr. SHUSTER, Mr. RIVERS, Mr. EHLERS, Mr. KNOLLENBERG, and H.R. 3015: Mr. MCGOVERN, Ms. CARSON of HAYES, Mr. CHAMBLISS, Mr. BURTON, of Indi- Mr. SMITH of Michigan. Indiana, and Mr. CONYERS. ana, Mr. ADERHOLT, Mr. WATKINS, Mr. H.R. 2610: Mr. OWENS, Mr. MCGOVERN, Mr. H.R. 3017: Mr. MCGOVERN, Mr. EVANS, Mr. THUNE, Mr. GIBBONS, Mr. SESSIONS, Mrs. BLAGOJEVICH, Mr. BACA, Mr. BORSKI, and Mr. FROST, Ms. BROWN of Florida, Mr. FILNER, CAPITO, Mrs. WILSON, Mr. OSBORNE, Mr. CLYBURN. Mr. FALEOMAVAEGA, and Ms. CARSON of Indi- MORAN of Kansas, Mr. GALLEGLY, Mrs. JO H.R. 2623: Mr. HONDA. ana. H.R. 2693: Ms. WATSON, Mr. SHERMAN, and ANN DAVIS of Virginia, Mrs. MYRICK, and Mr. H.R. 3040: Mr. MCNULTY and Ms. CARSON of ROGERS of Kentucky. Ms. SOLIS. Indiana. H.R. 2695: Mr. JEFFERSON. H. Con. Res. 233: Mr. WAXMAN and Mr. H.R. 3045: Mr. MORAN of Kansas. H.R. 2715: Ms. PELOSI. GOODLATTE. H.R. 3046: Mr. GORDON. H.R. 2722: Mr. PRICE of North Carolina, Mr. H. Con. Res. 234: Mr. LAHOOD and Mr. H.R. 3059: Mr. TRAFICANT, Mr. CUMMINGS, FARR of California, and Mr. BONIOR. BROWN of Ohio. Ms. MILLENDER-MCDONALD, Mr. BISHOP, Ms. H.R. 2725: Ms. DELAURO. KAPTUR, Mr. HILLIARD, Ms. EDDIE BERNICE H. Con. Res. 243: Mr. GREENWOOD, Mr. H.R. 2747: Mr. ALLEN, Mr. FRANK, and Ms. JOHNSON of Texas, and Mr. BROWN of Ohio. SCHAFFER, Mr. ALLEN, Mr. GOODE, Mr. RIVERS. H.R. 3060: Mr. SHERMAN. FRELINGHUYSEN, Mr. GARY G. MILLER of Cali- H.R. 2769: Mr. FILNER. H.R. 3067: Mr. BERMAN, Mr. BACA, Mr. FIL- fornia, Mr. DIAZ-BALART, Mrs. ROUKEMA, H.R. 2805: Mr. RYUN of Kansas. Mrs. JO ANN DAVIS of Virginia, Mr. WELDON H.R. 2817: Mrs. ROUKEMA and Mr. GREEN of NER, Mr. REYES, Ms. PELOSI, and Mr. WYNN. of Pennsylvania, Mr. MICA, Mr. ISSA, Mr. Wisconsin. H.R. 3073: Mr. LAFALCE. CALLAHAN, Mr. ISTOOK, Mr. SUNUNU, Mr. ROG- H.R. 2850: Mr. MCHUGH, Mr. FROST, and Mr. H.R. 3085: Mr. ISRAEL. H.R. 3101: Mr. ROSS, Mr. LARSEN of Wash- ERS of Michigan, Mr. DREIER, Ms. SANCHEZ, HINCHEY. Mr. WAMP, and Mr. FOLEY. H.R. 2866: Mr. MCGOVERN and Mr. WAXMAN. ington, Ms. EDDIE BERNICE JOHNSON of Texas, H. Res. 133: Mr. BROWN of Ohio. H.R. 2896: Mr. STEARNS. Mr. SCHIFF, and Mr. UDALL of Colorado. H.R. 2897: Mr. ROTHMAN. H.R. 3106: Mr. HASTINGS of Florida and Mr. H.R. 2902: Ms. CARSON of Indiana. BOEHLERT. f H.R. 2906: Mr. SOUDER. H. Con. Res. 26: Mr. SMITH of New Jersey H.R. 2940: Ms. CARSON of Indiana and Mr. and Ms. CARSON of Indiana. RANGEL. H. Con. Res. 45: Mr. ROGERS of Kentucky DELETIONS OF SPONSORS FROM H.R. 2946: Mrs. THURMAN, Mr. MALONEY of and Mr. TOOMEY. PUBLIC BILLS AND RESOLUTIONS Connecticut, and Mr. BALDACCI. H. Con. Res. 102: Mr. ACKERMAN. Under clause 7 of rule XII, sponsors H. Con. Res. 181: Mr. SENSENBRENNER. H.R. 2950: Mr. BOEHLERT, Mr. ACEVEDO- were deleted from public bills and reso- VILLA, and Mr. KERNS. H. Con. Res. 184: Mr. ISTOOK, Mr. ROGERS of H.R. 2951: Mr. GREENWOOD, Mr. HORN, and Michigan, Mr. CANTOR, Mr. BALLENGER, and lutions as follows: Mr. MORAN of Virginia. Mr. COOKSEY. H.R. 3073: Mr. MEEKS of New York.

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‘‘SUPPORT FOR U.S. FROM AF- It is unfortunate to say that the government IN MEMORY OF LUCILLE PERK GHAN COMMUNITY OF NEW ENG- of Pakistan, its military forces, and the ISI LAND’’ helped, funded, and created these terrorist groups along with Taliban who rules Afghan- HON. DENNIS J. KUCINICH istan right now. Taliban do not represent the OF OHIO HON. BARNEY FRANK Afghan society. We would like to see a broad IN THE HOUSE OF REPRESENTATIVES based government, which includes all the OF MASSACHUSETTS Thursday, October 11, 2001 IN THE HOUSE OF REPRESENTATIVES people of Afghanistan regardless of their eth- nic, linguistic, and religious differences. We Mr. KUCINICH. Mr. Speaker, I rise today to Thursday, October 11, 2001 wished this goal had been accomplished honor the life of Lucille Perk of Cleveland. Mr. FRANK. Mr. Speaker, as are all of us, through a peaceful mean. Lucille Perk may always be best remem- Today, we are deeply concerned about the bered as an avid bowler. She bowled with I have been meeting regularly with people in fate of the civilians inside Afghanistan. We my district about the terrible mass murders appreciate the aid package for the refugees Vic’s Floral team in the Southeast Ladies which were inflicted on us and how we should inside and outside Afghanistan and the food League for more than twenty years. When her respond. One of the groups with which I was dropping efforts. We would like to see this husband, Ralph Perk, who was the mayor of most interested in meeting consists of Afghans humanitarian assistance to continue Cleveland from 1972 through 1977, was in- who are living in the U.S., and who are strong- throughout the wintertime. We would like to vited to a White House dinner with president ly supportive of our efforts not simply to repel see that the United States and the free world Nixon, she did not accompany him. Pressed terrorism against us, but to help their native not to abandon Afghanistan and to plan for for an explanation, the mayor explained that the future of Afghanistan. We need to re- his wife could not attend because it was her country free itself from the tyranny now op- build and re-construct Afghanistan. pressing them under the rule of the Taliban. Sincerely yours, bowling night. People across the country knew On Monday, October 8, I had a very useful in- AFGHAN COMMUNITY OF NEW the story of the Ohio woman who preferred formative meeting with a number of people ENGLAND IN MASSACHUSETTS. bowling to dinner at the White House. from the Afghan community in New England. As dedicated as she was to her teammates Given that these are people who believe in f at the bowling alley, she was even more dedi- freedom, and also practice it, they were not all cated to her community, her church and her in complete agreement with everything the TRIBUTE TO MRS. FRANK family. The mother of seven, she was named U.S. government has done since September (CAROLINE) GUARINI Italian Mother of the Year by the Italian-Amer- 11, nor were they in complete agreement with ican Civic Club in 1965. For more than thirty- each other on every point. But they were HON. CHARLES B. RANGEL five years while her husband was in politics, united on the basic points, embodied in the OF NEW YORK Lucille answered telephone calls from constitu- statement which they presented to me. IN THE HOUSE OF REPRESENTATIVES ents. Lucille was a regular attendee of meetings We should remember that the major victims Thursday, October 11, 2001 of the alliance between the Taliban and of the Parent Teachers Union at Our Lady of Osama bin Laden on a continuing basis are Mr. RANGEL. Mr. Speaker, I rise today in Lourdes parochial school. She was a lifelong the people of Afghanistan, women especially, praise of the late Mrs. Frank (Caroline) Guar- member of Our Lady of Lourdes parish. She but all in Afghanistan who are being subject to ini, Senior, mother of former Congressman was also a member of the Southeast Isabella a brutal, terroristic regime. To remind us all of Frank J. Guarini, Jr. Mrs. Guarini’s life Guild of the Knights of Columbus and the this, and to share with my colleagues the in- spanned the entire 20th century; entering our Knights of St. John’s women’s auxiliary. She sights presented to me by Afghans who are world on March 25, 1900 in Niagara Falls, was a founder of two mission circles sup- committed to helping us resolve this issue, I New York and departing it on September 9, porting priests in El Salvador and South Afri- ask that their very thoughtful statement be 2001 at her home in Secaucus, New Jersey. ca. printed here. On September 13th I was privileged to be in Lucille Perk was a dedicated wife, mother, October 8, 2001. attendance with her loving son and family in a community volunteer, and bowler. She has be- Congressman BARNEY FRANK, service celebrating her life. come a part of the culture of Cleveland. My Newton, Massachusetts. After completing her education in Canada, fellow colleagues, please join me in honoring CONGRESSMAN BARNEY FRANK: Thank you then Caroline Critelli worked in her family’s the life of this remarkable woman. for the time and for the opportunity you furniture business before marrying Frank J. f have given us to meet with you in your of- Guarini, Sr. in 1923. Never forgetting her fice. We represent the few Afghan families Italian immigrant background, she raised her FARM SECURITY ACT OF 2001 who live in Massachusetts. There are rough- two children Ms. Marie Mangin and Mr. Guar- ly 100 Afghan families in Massachusetts. SPEECH OF Most of us have come to United States in the ini, Jr. to be proud of their heritage and grate- 1980s when the Russians invaded Afghani- ful for all of that life had blessed them with. HON. TODD TIAHRT stan. Around 20 families have come to United To this end, Mrs. Guarini remained devoted OF KANSAS States in the past two years. Those who to the public throughout her life, contributing to IN THE HOUSE OF REPRESENTATIVES come in the 1980s are mostly US citizens the community through service and through now. the arts. In November of 1999, Mrs. Guarini Friday, October 5, 2001 After the September 11th terrorist attacks was recognized by the Christopher Columbus Mr. TIAHRT. Mr. Speaker, I offer my thanks in New York and in Washington we, the Af- ghan Community of New England in Massa- Foundation for her continuous participation in and congratulations to the Chairman of the chusetts, issued a Statement and a Press Re- its Columbus Day Parade where she was re- Agriculture Committee, Mr. COMBEST, and the lease the day after the attack. We strongly ferred to as a ‘‘child’s dream of a fairy God- Ranking Members, Mr. STENHOLM, for crafting condemned these terrorist acts and expressed mother’’. And in celebration of her 100th birth- this bipartisan legislation, which I am pleased our solidarity and unity with our President day in 2000, she played the theme song from to support. The bill before us is the result of and our Government. We also expressed our Dr. Zhivago on piano on an international tele- more than two years of hard work by the Agri- sadness, sorrow and condolences with those vision broadcast. culture Committee and I believe the efforts of families who lost their loved ones. Whether in the capacity of work, family, the Committee are reflected in this Farm Bill. Long before the September 11th attacks, all Afghans in the United States and abroad service, church, or neighbor, everyone who This legislation comes at a time of histori- and the Afghans inside Afghanistan raised met Mrs. Guarini was touched by her. Those cally low commodity prices and high costs for their voices loudly and warned the world that had the honor of knowing Mrs. Guarini, farmers and ranchers. This has resulted in about the existence and threats of these non- will forever remember her grace, charm, and drastically lower production. Last year in my Afghan terrorist groups inside Afghanistan. beauty. state of Kansas, wheat production was only 80

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.000 pfrm13 PsN: E12PT1 E1856 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 percent of the previous year’s crop. While this Security Act accomplished this through making legislation to fully protect Grade’s works, H.R. was still good enough to enable Kansas to needed improvements in food assistance pro- 2971. lead the nation in wheat production, it resulted grams by giving states greater flexibility, doing I ask unanimous consent that the full text of in a production value decrease of nearly $30 away with unnecessary barriers to participa- the Rackman/Wagner essay be printed at this million from the previous year. Corn produc- tion, and increasing assistance to working point. tion was down by 4 million bushels from 1999, families, or those individuals known as the PHILO-SEMITISM IN THE WORK OF THE POLISH and sorghum grain production was down 27 ‘‘working poor.’’ Under this plan, individual NOBEL LAUREATE CZESLAW MILOSZ: HE percent, though I am pleased to report to my states will be able to provide six months of PAYS TRIBUTE TO JEWISH LITERATURE colleagues that Kansas did retain its position transitional food stamp benefits for families Numerous very interested reviews of as the number one sorghum grain production leaving the Temporary Assistance for Needy Czeslaw Milosz’s newly published book, state in the nation. Families program. It includes incentives for Milosz’s ABC’s inspired us to read it. The The difficulties facing the farmers and states to improve quality control systems and various, truly unexpected, unpredictable sub- ranchers of Kansas did not stop there. Soy- the Emergency Food Assistance Program will jects, alphabetically arranged as if encyclo- bean production was down nearly 40 percent receive an additional $40 million for com- pedia entries, may well require a volume of and was at its lowest level in five years. And comments. So we comment here on only one modity purchases. subject, conspicuously absent from this work hay production was down 13 percent from Under this year’s Farm Bill, our willingness both as a subject and in spirit—anti-Semi- 1999. Mr. Speaker, these facts strongly sug- to help others is not confined to our own bor- tism. gest the need for a farm policy which con- ders. This legislation provides increased funds Czeslaw Milosz, a Polish nobleman, gives tinues current successful agricultural programs to transport U.S. producers’ surplus commod- as much attention and loving devotion to his and offers a balanced approach for addressing ities to the world’s developing nations. It also Jewish friends and acquaintances, subjects issues of important to those Americans who increases the cap on funds used to provide and issues, as Polish ones. The absence of the produce crops and livestock. It is time for Con- food assistance on a grant basis or on credit least trace of anti-Semitism in Milosz’s book is to us, as American Jews, a revelation, for gress to step forward and demonstrate our terms to struggling countries. Additionally, it corroborates the views of the great Jewish commitment to the men and women who feed funding for the Foreign Market Development writer, the poet and novelist Chaim Grade, our Nation. Program is increased by $7 million per year originally, like Milosz, from Vilna, who said There are numerous reasons why I will vote over its current level. This program is an effec- that in Poland anti-Semitism was mainly for the Farm Security Act of 2001. I support tive approach to acquiring new foreign cus- among the masses—evidently under the in- this legislation because it offers essential in- tomers for American producers and new mar- fluence of the Church of pre-Vatican II— come support to farmers and ranchers, thus kets for American crops and livestock. Recent whereas the Polish aristocracy and intelli- guaranteeing a safe, affordable, and depend- Department of Agriculture figures indicate that gentsia, with rare exceptions, were over- able food supply for the United States and whelmingly philo-Semitic. Indeed, Chaim in 1980, the United States held a 24 percent Grade wrote a poem of homage to the great- many parts of the world. The American people share of world agricultural markets. Now, that est poet of Poland, Adam Mickiewicz, fa- are truly a blessed and fortunate people con- figure has dropped to nearly 18 percent. I be- mous as a philo-Semite, calling him ‘‘the sidering that we spend only 11 cents of every lieve this bill improves the ability of our pro- conscience of Poland.’’ dollar we earn on food. In other nations that ducers to compete. Chaim Grade is a master of utmost objec- figure may be as high as fifty cents on the dol- The Farm Security Act of 2001 is a fair and tivity, well aware of the horrors of anti-Sem- lar. balanced bill which enjoys the support of agri- itism, for which reason in his Lamentations It is not just the worker on the farm or ranch culture and conservation groups. It addresses about the program in Kielce, July 1946—not yet translated—he describes the Polish doc- who will feel the benefits of this Farm Bill. This critical farm program needs and also makes legislation provides much-needed resources to tor who at the funeral of the victims de- significant improvements to America’s con- nounces the murderous mob with the fiery the agricultural economy, which will guarantee servation, rural development, export pro- pathos of a Hebrew prophet. It is the very the continued viability of the food and fiber motion, nutrition and research programs. It same doctor, a devout Catholic, who rescued sector where nearly one-fifth of America’s civil- fully complies with the budget approved by more than twenty Jews from the Nazis, hid- ian workforce is employed. Mr. Speaker, by Congress earlier this year and meets our ing them in his house, again as described by supporting production on our farms and WTO obligations. I commend the Chairman Chaim Grade in his acclaimed philosophical ranches, we are ensuring that domestic agri- and the Committee for their work on this Farm Dialogue, My War With Hersh Rassayner, the culture remains robust and the job market in complete text of which, edited and revised by Bill and I strongly encourage my colleagues to Chaim Grade himself, has just been trans- America’s food and fiber industry is strong. vote for it. I heard from many of my constituents back lated into English. Scholar agree—and f among them Professor Emeritus Millon R. in Kansas regarding the need for additional Konvitz of Cornell University—that the Phil- conservation in this year’s Farm Bill. I am ESSAY BY RABBI EMANUEL osophical Dialogue of Chaim Grade is indeed pleased to tell them that we have considerably RACKMAN AND STEPHEN WAGNER the Book of Job on the Holocaust and that, increased funding for conservation programs. like the Book of Job, it belongs ‘‘among Jew- This legislation contains an average of $1.285 HON. ELIOT L. ENGEL ish writings that are considered sacred . . . which in the Hebrew Scriptures are wisely billion per year for Environmental Quality In- OF NEW YORK placed in the part known simply as centives Programs, plus an additional fund of IN THE HOUSE OF REPRESENTATIVES $60 million per year to address water issues. writings.’’ Chaim Grade attended the funeral Thursday, October 11, 2001 of the victims of the pogrom of Kielce with The bill added 5.7 million acres to the Con- Antek Yitzhak Zuckerman, one of the fore- servation Reserve Program, which is 2.8 mil- Mr. ENGEL. Mr. Speaker, I rise to call atten- most leaders of the Warsaw Ghetto Uprising, lion acres above the currently authorized acre- tion to a powerful essay by Rabbi Emanuel who said that ‘‘while it took one Pole to be- age. It adds 1.5 million new acres to the Wet- Rackman of Bar Ilan University and Stephen tray one hundred Jews, it took one hundred lands Reserve Program. It authorizes $25 mil- Wagner of Bar Ilan University entitled, ‘‘Philo- Poles to save one Jew, and the Poles who lion for the Wildlife Habitat Incentives Pro- Semitism in the Work of the Polish Nobel Lau- were saving Jews are the glory of mankind.’’ gram, an amount that increase to $50 million reate Czeslaw Milosz: He Pays Tribute to Chaim Grade’s works reflect this truth. by the year 2011. Finally, our conservation ef- Jewish Literature.’’ According to the article, No doubt, it is Chaim Grade’s absolute ob- jectivity and utmost spiritual and intellec- forts are augmented by the implementation of while there has been anti-Semitism among the tual honesty that inspired Czeslaw Milosz, the Grasslands Reserve Program which allows Polish masses, the Polish aristocracy and the spiritual and literary heir of Mickiewicz, up to 2 million acres to be preserved as grass- intelligencia ‘‘were overwhelmingly philo-Se- to devote to him a chapter of homage in lands. Mr. Speaker, through the Farm Security mitic.’’ According to the essay, Milosz’s opin- Milosz’s ABC’s, where among other impor- Act, our commitment to conservation is strong- ion ‘‘corroborates the views of the great Jew- tant comments, he reports what a Jewish au- er than ever. ish writer, the poet and novelist Chaim Grade, thority should have reported a long time This legislation also reflects America’s com- originally, like Milosz, from Vilna . . .’’ ago: The Nobel Prize for Isaac Bashevis Sing- mitment to the less fortunate in our society For several years, I have been striving to er was cause for violent controversies among Yiddish-speaking New York Jews . . . Above who need a helping hand. Through the efforts protect the works of Chaim Grade, many of all, . . . in the opinion of the majority of the of the Ag Committee, we have simplified the whose writings were lost due to the complex- disputants, Grade was a much better writer federal food stamp program to guarantee that ities Grade faced by the copyright laws after than Singer, but little translated into needy families throughout our nation have bet- he came to the United States following World English, which is why members of the Swed- ter access to America’s food supply. The Farm War II. I urge my colleagues to support my ish Academy had no access to his writings.

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A11OC8.022 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1857 Singer gained fame, according to this opin- soup—and chickens—and became a devoted Saliman, Sanchez, Schultheis, Scott, Sin- ion, by dishonest means. Obsessively con- vegetarian . . . ‘‘So, in a very small way, I do clair, Smith, Snook, Spence, Stafford, cerned with sex, he created his own world of a favor for the chickens,’’ Singer said. ‘‘If I Stengel, Swenson, Tapia, Tochtrop, Veiga, Polish Jews which had nothing in common will ever get a monument, chickens will do it Vigil, Webster, Weddig, White, William S., with reality—erotic, fantastic, filled with for me.’’ Williams T., Witwer, and Young; also Sen- apparitions, spirits, and dybbuks, as if that A New York Times reporter in 1978, the ators(s) Matsunaka, Thiebaut, Andrews, had been the quotidian reality of Jewish year of the shocking choice of the Nobel Perlmutter, Anderson, Arnold, Chlouber, towns. Grade was a real writer, faithful to prize for literature, Israel Shenker is known Dyer, Epps, Evans, Fitz-Gerald, Gordon, the reality he described, and he deserved the to have approached the late Eugene Rachlis, Hagedorn, Hanna, Hernandez, Hillman, Isgar, Nobel Prize . . . Grade was attentive to the the Editor-in-Chief of Bobbs-Merryl, then Lamborn, Linkhart, May, McElhany, accuracy of the details he recorded and has Chaim Grade’s English publisher (now it is Musgrave, Nichol, Owen, Phillips, Reeves, been compared with Balzac or Dickens. . . . Knopf); and asked, ‘‘what’s going on? Every- Takis, Tate, Taylor, Teck, and Windels. This statement by an authority of Czeslaw body says that it is your man who should CONCERNING THE EXPRESSION OF THE SENTI- Milosz’s stature, himself a Nobel laureate, is have gotten the prize.’’ All this explains why MENTS OF THE GENERAL ASSEMBLY REGARD- a very serious matter. Czeslaw Milosz goes Israel Shenker chose to end the definitive ING THE TERRORIST ATTACKS ON AMERICAN on to describe Jewish life in Poland as it was literary obituary of the Yiddish laureate SOIL ON SEPTEMBER 11, 2001. and Jewish-Polish relations as they were, all with the laureate’s own ‘‘chickens’’ words. Whereas, September 11, 2001, may live in as reflected in the works of Chaim Grade. It And all this proves the great truth of the infamy as the day on which more people lost is regrettable that he did not know what was words of the man who is America’s con- their lives or were injured on American soil very well known in Jewish literary circles, science, Abraham Lincoln, ‘‘you can fool all as the result of acts of terrorism than on any that Chaim Grade forbade all from nomi- of the people some of the time, you can fool other single day in history; and nating him for the Nobel prize, mostly be- some of the people all of the time, but you Whereas, On that day, terrorists forcibly cause his pre-world war II prophetic and po- cannot fool all of the people all of the time.’’ commandeered four commercial jet airliners etic visions of doom were recited like pray- Most importantly about this case is, of scheduled to fly routes from the east coast of ers both in the Vilna Ghetto and in Ausch- course, not just that the Yiddish laureate is the continental United States to the west witz, along with the poetry of the great Jew- a ‘‘pornographic writer,’’ as rightly de- coast; and ish poet Yitzhak Katznelson, who, together nounced by Saul Lieberman, nor that he is Whereas, Once in control of these aircraft, with his wife and sons, perished in Ausch- merely a ‘‘self-inflated, dully-repetitious, the terrorists implemented a dastardly, sui- witz, and of whose works very little has been barely second-rate fictionalist,’’ as rightly cidal plan of unparalleled proportions never rescued. All this was reported by the sur- stated by John Simon and colleagues, nor before carried out in this country or any- viving eyewitnesses in Yiddish and published that—as he himself knew and said—he is a where else in the world; and in Argentina, then in English in America— writer for ‘‘chickens,’’—whatever this may Whereas, The terrorists, piloting aircraft check the Jewish Book Annual—the Amer- mean. The most important is precisely as fully laden with highly flammable jet fuel and with total disregard for the lives of the ican Yearbook of Jewish Creativity 1990–1991, Czeslaw Milosz testifies, ‘‘he created his own passengers and crews on board or persons on 5751. Many people regretted Chaim Grade’s world of Polish Jews which had nothing in the ground, turned these jet airliners into decision, for it was taken advantage of by common with reality,’’ as the result of which flying weapons of mass destruction, each the writer unequivocally rejected by the he has misinformed and mislead people, pre- with tremendous explosive power, and aimed Jewish writers and readers for reasons well venting them from knowing the truth about their weapons at targets in New York City explained by Czeslaw Milosz, who, by what- Jewish life in Eastern Europe, especially and Washington, D.C., our nation’s capital, ever means, got the prize and paraded the about Jewish-Polish relations. It is to be two of the most densely populated areas in foremost representative of Jewish literature, hoped that responsible people like John of the very Judaism. Thus, the issue is not our country; and Simon and Israel Shenker will appreciate Whereas, Two of these aircraft were inten- that Chaim Grade does not have the Nobel Czeslaw Milosz’s testimony, that they are Prize, but that, from the Jewish viewpoint, tionally flown directly into the World Trade aware that the Jewish people are no ‘‘chick- Center Towers in New York City, resulting the least suitable, the worst possible writer, ens,’’ that, prize or no prize, the Jewish peo- has it. in the terrifying, total destruction of two of ple have rejected the so-called Yiddish lau- the tallest buildings in the world, home to As Czeslaw Milosz rightly testifies, the reate, that his prize remains an incompre- Jewish people have the greatest appreciation some 50,000 workers and up to 100,000 visitors hensible insult, if not an outrage. And we daily and causing untold loss of life and in- for Chaim Grade, especially because of his cannot be too grateful to Czeslaw Milosz, the volumes of lamentations in poetry and prose jury to innocent, unarmed civilians; and Polish Nobel Laureate, for having made in Whereas, A third jetliner slammed into the about the Holocaust, for which Encyclopedia his ABC’s room also for Chaim Grade, the Pentagon in Washington, D.C., headquarters Judaica reports, he is declared ‘‘the national Jewish master, who describes Jewish life in of our country’s national defense and the Jewish poet, as Bialik was in his day.’’ Eastern Europe as it really was, and, above largest office building in the world, also Chaim Grade’s volumes resurrect the life of all, the Jewish spirit such as it is, always causing extensive damage, loss of life, and East European Jewry, such as it truly was, and everywhere, beyond time and space, the injury to persons; and very much as stated by Czeslaw Milosz who, spirit of the Bible. Whereas, The fourth plane, presumably a Pole from Vilna, knew this life very well RABBI EMANUEL RACKMAN, aimed at targets in Washington, D.C., or pos- and is a most reliable witness. Chancellor, Bar Ilan University. sibly the presidential retreat at Camp David, Czeslaw Milosz’s report about the Jewish STEPHEN WAGNER, Esq., Maryland, crashed in rural Pennsylvania, attitude towards the Yiddish Nobel laureate Counsel, Bar Ilan University. killing all on board, including the pilot, may be corroborated by the following vi- United Airlines Captain Jason M. Dahl from gnette: Professor Saul Lieberman, the Dean f the Ken Caryl Valley area of Jefferson Coun- of the Jewish Theological Seminary of ty, Colorado, and flight attendant Kathryn America, heard the news from Sweden, and TRIBUTE TO THE COLORADO GENERAL ASSEMBLY Laborie, originally from Colorado Springs, exclaimed in utter disbelief, ‘‘What?!!! But he Colorado; and wrote only pornography!’’ When Bar-Ilan Whereas, Although we may never know for University in Israel was approached about a HON. BOB SCHAFFER sure, authorities believe, based on cell phone prize for the Yiddish laureate, he was re- OF COLORADO calls from at least two passengers on the jected so emphatically that the issue was fourth plane, Jeremy Glick and Mark Bing- IN THE HOUSE OF REPRESENTATIVES never raised again. ham, to relatives on the ground in New Jer- Czeslaw Milosz’s report is especially im- Thursday, October 11, 2001 sey and California, that passengers hero- portant in view of the general contempt for Mr. SCHAFFER. Mr. Speaker, it is an honor ically struggled with the hijackers and prob- the Yiddish Nobel laureate. Thus, less than a ably took actions that prevented this plane month before the incomprehensible news to rise today to express gratitude to the Colo- from reaching the terrorists’ planned target; from Sweden, John Simon wrote on Sep- rado General Assembly. I respectfully submit and tember 12, 1978, in The Esquire: International the following Colorado Joint Resolution for the Whereas, Many firefighters, law enforce- understanding is a delightful thing. How nice RECORD. ment personnel, military personnel, and oth- it was at the recent Pula Film Festival, in ers worked tirelessly to try to save as many Yugoslavia, between looking at films, to find HOUSE JOINT RESOLUTION 01S2–1002 lives as possible in these disasters, and it is a group of critics and scholars from various By Representative(s) Dean, Spradley, possible that more than three hundred fifty countries in agreement about the vast Grossman, Fritz, Cloer, Alexander, Bacon, police officers and firefighters in New York overratedness of that self-inflated, dully rep- Berry, Borodkin, Boyd, Cadman, Chavez, City lost their lives in the line of duty; and etitious, barely second-rate fictionalist Isaac Clapp, Coleman, Crane, Daniel, Decker, Whereas, The total loss of life and injuries Bashevis Singer. Fairbank, Garcia, Groff, Hefley, Hodge, resulting from these cowardly acts will be in And Israel Shenker concluded the defini- Hoppe, Jahn, Jameson, Johnson, Kester, the many thousands of people, if not more, tive literary obituary of the Yiddish laureate King, Larson, Lawrence, Lee, Mace, Madden, and, in the words of New York Mayor Ru- in August 1991, in the Book Review of the Marshall, Miller, Mitchell, Nunez, Paschall, dolph W. Giuliani, will be ‘‘more than any of New York Times: He shied from chicken Plant, Ragsdale, Rhodes, Rippy, Romanoff, us can bear’’; and

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A11OC8.025 pfrm13 PsN: E12PT1 E1858 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 Whereas, President George W. Bush and CONGRATULATIONS TO BILL PUT- Bill Putnam is currently the Sole Trustee of the United States Congress, acting in bipar- NAM ON BEING INDUCTED INTO the Lowell Observatory in Flagstaff, Arizona tisan agreement, have made available all of THE BROADCASTERS HALL OF where he resides with his wife, Kitty Broman, the resources of the federal government to FAME who is also well known in broadcasting circles. hunt down those responsible for these vi- Mr. Speaker, it is my privilege to honor Bill cious war crimes; and HON. RICHARD E. NEAL Putnam on being recognized and honored by Whereas, After these events President OF MASSACHUSETTS the Broadcasters Hall of Fame for a long and Bush declared, ‘‘The resolve of this great na- IN THE HOUSE OF REPRESENTATIVES distinguished career that has benefitted the tion is being tested’’; and Thursday, October 11, 2001 lives of so many in the Western Massachu- setts area. Congratulations on the good work. Whereas, President Bush said in punishing Mr. NEAL of Massachusetts. Mr. Speaker, I f those responsible that ‘‘We will make no dis- would like to take a few moments today to pay tinction between the terrorists who com- tribute to Bill Putnam, a friend and constituent IN MEMORY OF MONSIGNOR mitted these acts and those who harbor of mine, and a pioneer in the broadcasting CASIMIR CIOLEK them’’; and arena. Whereas, President Bush also stated that On November 12, 2001, in New York City, in punishing the guilty we must guard Bill Putnam will be inducted into the Broad- HON. DENNIS J. KUCINICH against assigning guilt to the blameless and casting Hall of Fame for his long and distin- OF OHIO must treat all Americans with the respect guished career in television. It is my privilege IN THE HOUSE OF REPRESENTATIVES that they deserve, and we must particularly to share with you his many accomplishments Thursday, October 11, 2001 guard against unjustified discrimination and to recognize his great work in the Spring- Mr. KUCINICH. Mr. Speaker, I rise today to against Muslims, Arab Americans, and oth- field, Massachusetts area. I am pleased to ers from the Middle East; now, therefore, honor the memory of a wonderful man who share these remarks and his accomplishments has served his community selflessly his entire Be it Resolved by the House of Representa- in the CONGRESSIONAL RECORD and to con- life, Monsignor Casimir Ciolek. tives of the Sixty-third General Assembly of the gratulate him on his well-deserved honor. Monsignor Casimir Ciolek has served the Bill Putnam started WWLP in Springfield, State of Colorado, the Senate concurring herein: spiritual community of Cleveland in countless the first licensed UHF station in the United (1) That the General Assembly expresses capacities, but most recently served as chap- States. WWLP has a long history of ‘‘firsts’’ in its complete and utter condemnation of and lain at Cleveland Hopkins International Airport, Springfield for a small market station. The sta- outrage at the terrorist attacks that oc- where he held daily mass. Past assignments tion ran editorials, used longer news formats, curred on our soil on September 11, 2001; include the director of the St. Vincent de Paul ran an ‘‘As Schools Match Wits’’ high school Society in the Cleveland Diocese and also (2) That the General Assembly expresses quiz show, and aired a considerable amount its heartfelt sympathy for the victims of spiritual director for the national St. Vincent de of local programming. For more than 30 years, these tragedies and their families; Bill Putnam himself did the editorials for the Paul Society’s Midwest region. (3) That the General Assembly commends station, making WWLP the example of what Monsignor Ciolek attended Cathedral Latin the heroism of the many emergency per- local television is supposed to be. School and John Carroll University before en- sonnel and individual citizens who responded Bill Putnam concentrated not only on the tering the St. Mary seminar to become a to the scenes of these disasters; local market, but was a visionary into what priest. After ordination in 1946, Ciolek was ap- pointed chaplain of Parmadale, the first Catho- (4) That the General Assembly wants ter- broadcasting should become. He lobbied ex- rorists to know they have failed in their mis- tensively for changes that would treat UHF lic children’s residence of its kind. After a brief sion to break the American spirit, but rath- signals on televisions the same as VHF sig- period of service, he went to the Catholic Uni- er, these heinous acts have served only to nals. In the 1950’s, many television sets either versity of America in Washington, D.C. to strengthen our resolve; and did not have UHF tuners or had tuners that study social work. were simply not as good as their VHF counter- After moving back to Cleveland in 1957, he (5) That the General Assembly expresses was assigned assistant director of Catholic its full support to President George W. Bush parts. The ‘‘All Channel Act’’ and subsequent FCC regulations, of which Bill Putnam was an Charities, and ten years later was promoted and the United States government in its ac- director. In 1977 he decided to become pastor tions to hunt down the perpetrators of these outspoken advocate, made UHF stations able of S.S. Peter and Paul Church in Garfield crimes against humanity and to punish those to get the market share that made them viable Heights, retiring from his post in 1992. responsible, including any person or govern- in mixed markets. In turn, this created the plat- Monsignor Casimir Ciolek has served self- ment that aids, abets, protects, finances, or form that gave us independent television, and lessly his entire life. His dedication and count- harbors the perpetrators, in an appropriate is today the backbone of FOX and the UPN less contributions to the Cleveland community manner. and WB networks. Bill Putnam later served on the MSTV have touched and affected the lives of thou- Be it Further Resolved, That copies of this Board, a reversal that some found ironic since sands, and his memory will never be forgot- Resolution be sent to the Honorable George it was a group started by VHF owners trying ten. W. Bush, President of the United States, to keep UHF people out of their market. He Mr. Speaker, please join me in honoring the Colorado’s delegation in the United States was the Secretary of the NBC Affiliates Board memory of an incredible man, pastor, and Congress, the Honorable George E. Pataki, and was the head of the All-Industry com- friend, Monsignor Casimir Ciolek. His warm Governor of the State of New York, the Hon- smile and gentle spirit will be remembered by orable James Gilmore III, Governor of the mittee on Teletext in the late 1970s. His con- all. Commonwealth of Virginia, the Honorable tributions were integral as to why Fin-Syn reg- Rudolph W. Giuliani, Mayor of the City of ulations were redone in the early 1980s. Bill f Putnam was an outspoken advocate on this New York, the Honorable Anthony A. Wil- THE MEXICAN SENATE liams, Mayor of the District of Columbia, issue. and the families of the late Captain Jason M. Bill Putnam’s interests are greater than Dahl of Jefferson County, Colorado and the broadcasting alone. Bill is a past President HON. JIM KOLBE late Kathryn Laborie of Colorado Springs, and Treasurer of the American Alpine Club OF ARIZONA Colorado. and continues to serve as a U.S. delegate to IN THE HOUSE OF REPRESENTATIVES DOUG DEAN, the UIAA, the international standards club for Thursday, October 11, 2001 Speaker of the House climbing. He is the longest serving member of of Representatives. that group. Mr. KOLBE. Mr. Speaker, often on this floor, JUDITH RODRIGUE, In addition, he was written and had pub- I have spoken about our friends across our Chief Clerk of the lished 11 books, with more than two currently southern border. The country of Mexico is im- House of Represent- underway. portant because it shares a border, because it atives. Bill Putnam is also a decorated and distin- increasingly shares a culture with us and be- STAN MATSUNAKA, President of the Sen- guished patriot. He is a World War II veteran cause it increasingly shares our commitment ate. with two Purple Hearts, a Combat Infantry to democracy and freedom. KAREN GOLDMAN, Badge, and a Silver Star, and he has the On September 11, the U.S. was the object Secretary of the Sen- scars to prove it. He enlisted as a private in of a still-incredible attack by terrorists. And, on ate. the military and came out as a first lieutenant. that very day, the Mexican Senate stopped its

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.029 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1859 legislative work to adopt a resolution of sym- zation, which establishes the perfect forum In 1990, Congress eliminated the presump- pathy and support for the United States. in the hemisphere to agree upon the meas- tion of permanent and total disability at age 65 One week later, the government of Mexico ures that the present situation demands. The in Public Law 101–508. At that time, the Con- decisions that come from that forum must be released a statement which reiterated ‘‘our taken under the protection of article 53 of gressional Budget Office optimistically pre- solidarity with the people and government of the Charter of the United Nations, which dicted that the measure would generate sav- the United States.’’ prohibits the application of restrictive meas- ings of $17 million in 1991 and total savings Mr. Speaker, I thank the government and ures adhered to regional agreements or by of $313 million over the five-year period. Such the people of Mexico for their concern and regional organisms without the explicit au- savings have not materialized. According to support. I attach these two statements, trans- thorization of the Security Council, and VA, it is rare for a wartime veteran with in- lated into English, for all our Members to read. being fully understood that the decisions come below the pension threshold to be found adopted and to be adopted by the Security STATEMENT OF THE MEXICAN SENATE, Council and the General Assembly of the not permanently and totally disabled. Rather SEPTEMBER 11, 2001 United Nations on the subject, must prevail than saving money, VA estimates that it is ‘‘The Mexican Senate wishes to express to above any other adopted in the hemispheric spending more money to provide medical ex- the Government of the United States of environment. aminations than would be paid out if benefits America as well as to all Nations, its most Regarding the summons of the Interamer- were granted at age 65. profound sympathy and deep indignation rel- ican Reciprocal Assistance Treaty, the Mexi- ative to the barbarous acts which today have can Government considers that, in agree- A July 1997 sample of pension claims offended the entire world. ment with what was expressed by the Presi- showed that only 5.9 percent of all claims from ‘‘The Mexican Senate calls upon all men dent of Mexico, on September 7 at the OAS veterans age 65 and older were initially denied and women of good faith to prevent this Headquarters, this is not the ideal mecha- on the basis that the claimants were not per- tragedy from escalating into an intermi- nism to confront the present challenges re- manently and totally disabled. In 1998 and nable blood bath. garding the safety of our region. Mexico con- siders that a Consultation Meeting of the 1999, that number was even lower with only ‘‘Let us bring together the governments three percent of claims denied on that basis. and peoples of the world to work together to Foreign Affairs Ministers in the framework guard against further harm; to scrupulously of the OAS would have an upgraded hier- After taking into account reversals on appeal, respect human rights throughout the world; archy and greater representation of the con- VA estimates that fewer than 300 veterans and to build together a peaceful, dignified, tinental community, since the Interamer- age 65 and older per year are denied disability and just world for all mankind.’’ ican Reciprocal Assistance Treaty only has pension based upon a finding that they are not half of the amount of members that the OAS permanently and totally disabled. has. THE MEXICAN GOVERNMENT WILL PARTICIPATE Notwithstanding the above mentioned, VA projects the annual cost of the benefit IN THE SPECIAL PERMANENT COUNCIL MEET- whichever the hemispheric measures applied will be less than $2 million per year. The cost ING OF THE OAS that will deal with the tragic happenings of of providing medical examinations for these (Statement of the Mexican Government (De- September 11, Mexico will seek a consensus in the region that will actively defend the claims exceeds $2 million per year. In addition liberated with the Mexican Senate), Sep- to the costs of the medical examinations, addi- tember 18, 2001) principles and intentions of the United Na- tions and will provide political and diplo- tional costs are incurred in rating the disability. The Mexican government declared its most matic cooperation for the legitimate efforts Our current policy is penny-wise and pound- energetic and unequivocal indignation for applied to take to justice those intellectual foolish. the terrorist atrocities that took place in authors, organizers and sponsors of these ac- New York and Washington, D.C. on Sep- tions, as well as those responsible in giving Currently VBA has a backlog of 536,626 tember 11, 2001, which brought about incalcu- them support and protection. claims pending in regional offices. Another lable human and economic loses and they The Mexican Government, as it has always 95,066 claims are pending appeals to the have caused profound grief in the inter- done and as is its obligation, will proceed Board of Veterans Appeals. Requiring the VA national community. Regarding this, we re- with total respect for the traditional prin- iterate our solidarity with the people and to provide a medical examination and make a ciples of our foreign affairs policies specified disability determination on claims, which are government of the United States. in our Constitution. These events are true crimes against hu- almost certain to result in a finding of dis- manity; they shake up the true foundation of f ability, is exacerbating the backlog with no fi- civilized co-existence among nations and nancial gain to the government. Although prior INTRODUCTION OF VETERANS’ represent a serious threat for peace and legislation presumed a finding of disability at PENSION IMPROVEMENT ACT OF international security. Therefore, the Mexi- age 65, this bill would provide for a service can Government condemns terrorism cat- 2001—H.R. 3087 egorically in every shape or form, being for pension without regard to disability similar to political, philosophical, ideological, racial, that previously provided to veterans of Indian ethnic, religious or whatever reason. HON. LANE EVANS Wars and the Spanish-American War. OF ILLINOIS In agreement with resolution 1368 (2001) of VA would only be required to obtain a med- IN THE HOUSE OF REPRESENTATIVES the Security Council of the United Nations, ical examination and a finding of disability for the Mexican Government ratifying our Thursday, October 11, 2001 peaceful vocation, expresses its total willing- those veterans over 65 who seek additional ness to collaborate, with the urgency and Mr. EVANS. Mr. Speaker, I rise today to in- benefits based upon a disability which renders firmness that the situation requires, in the troduce the Veterans’ Pension Improvement them homebound or in need of aid and attend- cooperation of international efforts leading Act of 2001. This important legislation would ance. This would reduce the cost and work- to the prevention and eradication of ter- recognize the military service of our Nation’s load of providing disability examinations for rorism, as expressed by the General Assem- wartime veterans by providing low-income vet- low-income veterans who are almost always bly of the United Nations in resolution A/56/ erans with pension benefits at age 65 without found to be disabled. 1, dated September 12. regard to a finding of total and permanent dis- Regarding the diplomatic measures that The bill does not specifically require that ability. The bill would reinstate a provision of have been developing in recent days in the veterans be unemployed to qualify for the ben- Public Law 90–77, which was repealed in Interamerican environment, the Mexican efit. This reflects the practical reality that war- 1990. Government manifests its decision to par- time veterans whose income is low enough to From 1967 until 1990, the Department of ticipate actively in the Special Permanent qualify for pension benefits are almost always Veterans Affairs (VA) was authorized to pre- Council Meeting of the OAS, summoned for unemployed. Full-time employment at the min- the 19 of September at the OAS Head- sume that low-income veterans were disabled imum wage level provides income which ex- quarters, with the intention of reaching a at age 65. In hearings on the 1967 bill, the ceeds the pension amount and would there- consensus about the political and diplomatic American Legion testified that providing for fore disqualify a veteran for benefits. actions that are considered appropriate in benefits at age 65 would affect less than one- responding to the call of the General Assem- tenth of one percent of pension applicants and Mr. Speaker, in order to reduce the backlog bly of the United Nations and for the deci- sion taken by the Security Council. that the cost associated with providing medical and reduce the cost of making expensive dis- Likewise, Mexico applauds its initiative examinations and disability adjudications ability determinations for claims of elderly war- for calling for a Consultation Meeting of the would be reduced. Recent evidence indicates time veterans. I ask my colleagues from both Ministers of Foreign Affairs, in agreement that the Legion’s 1967 assessment was cor- sides of the aisle to support the Veterans’ with article 61 of the Charter of the Organi- rect. Pension Improvement Act of 2001.

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A11OC8.032 pfrm13 PsN: E12PT1 E1860 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 IN HONOR OF MR. KENNETH A. I encourage the Administration to continue and focused on dozens of projects and pro- CARLSON AND HIS DOCUMEN- working with Congress to provide a plan that grams. Just as importantly, he has set an ad- TARY ‘‘GO TIGERS!’’ meets these new policy goals. Our current mirable tone for Booz-Allen’s employees, en- economic uncertainty, and some are starting couraging all personnel to donate their time to HON. DENNIS J. KUCINICH to call it a recession, forces us to think wisely worthwhile causes. OF OHIO before spending. Combined with emergency Dr. Shrader leads by example. He is cur- IN THE HOUSE OF REPRESENTATIVES aid, more tax packages and economic aid pro- rently chairman of The Neediest Kids, a non- grams, we are facing some difficult fiscal hard- profit organization that donates clothing and Thursday, October 11, 2001 ships. For example, within the past several school supplies to at-risk children, so that Mr. KUCINICH. Mr. Speaker, I rise today to weeks, Congress passed a $40 billion emer- they, too, can reach their full potential in honor Mr. Kenneth A. Carlson, the writer, di- gency fund in response to the September 11th school. But the list of his philanthropic under- rector and producer of successful high school attacks; we have approved a $15 billion emer- takings does not end there: he is a former football team, the Massillon Tigers. gency aid package for U.S. commercial air- chairman of the American Cancer Society’s ‘‘GO TIGERS!’’ has long been a vision for lines; and we currently are negotiating with the Capital Baron’s Ball, and works with many creator Kenneth A. Carlson, and became a re- President for an economic stimulus package other charitable organizations that make our ality during the 1999 football season. Carlson, that could reach $75 billion. With that in mind, communities better places to live, work and a native Ohioan, has desired to create a film I can not support H.R. 2646 in its current form raise families. Group like The National Busi- of his hometown for more than 10 years, and and in our current climate. ness and Disability Council and The Women’s focus primarily on the town’s incredible love I agree with President Bush, and I call for a Center have sought him out to deliver keynote for football. Throughout his travels to the town, thorough examination of current farm policy. addresses at their conferences. he had the opportunity to re-live a part of his Our current farm bill does not expire until Sep- Booz-Allen employees are quick to point out life that he thought he had outgrown, but that tember 2002. Let’s take the time to get it right. that Dr. Shrader makes their needs and aspi- always remained an important part of his soul. We must modernize the nation’s farm pro- rations a top priority. He formed a Women’s ‘‘GO TIGERS!’’ chronicles a pivotal season grams to reflect changing technologies, mar- Advisory Board at the firm, has supported em- for the Massillon football team; following the kets, and environmental agendas. Yet, we ployee forums on important issues, and re- team’s poor season in the previous year, the must develop a farm program that protects ceived a commendation from the company’s entire town was confronted with a school tax and supports small family farmers and ranch- Workforce Diversity Council. levy that was necessary to protect the jobs ers such as those in New Mexico. I question Mr. Speaker, in closing, I want to congratu- and livelihood of the school district. how the Farm Security Act would help the late Dr. Shrader on receiving this award. It The documentary follows the team, march- small farmers and ranchers in an equitable strikes me that the theme of this weekend’s ing band, and fans through a whirlwind season way. Foundation Gala, ‘‘Transforming Our Commu- from a town where boys are born with pig- Mr. Speaker, the next generation of the na- nity’’, could not be more appropriate. Dr. skins in hand. Kenneth Carlson has the gift of tion’s farm programs should have the flexibility Shrader has, indeed, transformed his commu- bringing the season to life, from the personal to meet the diverse needs of all farmers and nity for the better, proving that one man can stories of teammates to great wins and losses. ranchers. It is time to seize this unique oppor- make a difference in the lives of many. He is Carlson manages to touch the human spirit tunity to develop long-term, progressive farm that rare individual who cares more about and soul with this film and effectively portrays program solutions that are fair and benefit all doing good than getting credit. I ask all of my life from a small, Ohio ‘‘football town.’’ Carlson farmers and ranchers. colleagues to join me in congratulating Dr. truly captures the essence of a small rustbelt I am hopeful, however, that if this bill returns Shrader on this prestigious honor. town that draws its major identity from football. from a conference committee, it will contain f Mr. Speaker, please join me in honoring a the necessary improvements that will allow me distinguished writer, director, and producer, to support this effort. I do support a new farm INTRODUCTION OF THE NORTH AT- Mr. Kenneth Carlson on his stunning docu- bill, but one that helps small farmers and LANTIC RIGHT WHALE RECOV- mentary, ‘‘GO TIGERS!’’ ranchers, is strong on conservation, and is fis- ERY ACT OF 2001 f cally sound in uncertain economic times. I am confident the other body will produce a farm HON. WILLIAM D. DELAHUNT FARM SECURITY ACT OF 2001 bill that we all can support to keep small fam- OF MASSACHUSETTS SPEECH OF ily farmers and ranchers strong and in busi- IN THE HOUSE OF REPRESENTATIVES ness. Thursday, October 11, 2001 HON. TOM UDALL f OF NEW MEXICO Mr. DELAHUNT. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES HONORING DR. RALPH W. to introduce the North Atlantic Right Whale SHRADER Recovery Act of 2001 which will coordinate Friday, October 5, 2001 and expand United States and international Mr. UDALL of New Mexico. Mr. Speaker, HON. TOM DAVIS programs for the conservation and protection my vote on H.R. 2646, the Farm Security Act OF VIRGINIA of North Atlantic Whale. This bill is designed of 2001 has been a difficult one. I have strug- IN THE HOUSE OF REPRESENTATIVES to improve the management and research ac- gled to determine how H.R. 2646 would ben- tivities for right whales and increase the focus efit rural farmers and ranchers in northern Thursday, October 11, 2001 on reducing mortality caused by ship colli- New Mexico. I have always been a strong ad- Mr. TOM DAVIS of Virginia. Mr. Speaker, I sions, entanglement in fishing gear, and other vocate for family farmers in New Mexico and rise today to honor a true friend of Northern causes. The most endangered of the great I want these hardworking families to be suc- Virginia, Dr. Ralph W. Shrader, who will re- whales, the northern Atlantic right whale has cessful and their farms profitable. However, ceive the Northern Virginia Community Foun- shown no evidence of recovery since the H.R. 2646 fails these families in many ways. dation’s 2001 Community Leadership Award whaling days of the 1900s despite full protec- This new farm bill encourages overproduction tomorrow, October 12, 2001, at the Founda- tion from hunting by a League of Nations while prices are low, fails to adequately help tion’s Gala. agreement since 1935. Today the population small farmers, and increases federal spending As many of my colleagues know, Dr. of North Atlantic Right Whales remains at less in times of economic uncertainty. Shrader is chairman and chief executive offi- than 350 animals. After much thought, I must agree with Presi- cer of Booz-Allen and Hamilton, one of the Right whales are at risk of extinction from a dent Bush and his analysis of H.R. 2646. I world’s largest and oldest management and number of sources. These include, ship want to support a farm bill that is better for technology consulting firms, based in McLean, strikes, the number one source of known right rural America, supports the environment, and Virginia. Dr. Shrader also serves as president whale fatalities, entanglement in fishing gear, expands the opportunities for our farmers in of the firm’s Worldwide Technology Business coastal pollution, habitat degradation, ocean growing world markets. I agree with President division. His expertise in the area of global noise and climate change. This legislation re- Bush that H.R. 2646 fails to meet these objec- communications is unparalleled. quires the Secretary of Commerce to institute tives. For these and other reasons, I regret I cannot imagine a more deserving recipient a North Atlantic Right Whale Recovery Pro- that I will vote against H.R. 2646 in its current of this award. Dr. Shrader’s commitment to gram, in coordination with the Department of form. community service has spanned many years Transportation and other appropriate Federal

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.039 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1861 agencies, States, the Southeast and Northeast velop a comprehensive plan that spells out into the 2001 Ohio Women’s Hall of Fame. As Northern Atlantic Right Whale Recovery Plan what we can do immediately to better protect President and Chief Executive Officer of Uni- Implementation Team and the Atlantic Large these whales and focus our research efforts versity Hospitals Health System and University Whale Take Reduction Team, pursuant to the on innovative ideas and technologies that can Hospitals of Cleveland since 1992, Ms. Wal- authority provided under the Endangered Spe- identify whale migrations. ters will be placed in an elite group of women cies Act, the Marine Mammal Protection Act, f recognized for their outstanding contributions and the Magnuson-Stevens Fishery Conserva- to their state and nation. Ms. Walters presides tion and Management Act. ALL STAR TRANSPLANT REUNION over a system that serves patients at more This legislation would require the Secretary than 150 locations in Northeast Ohio and of Commerce within 6 months of enactment, HON. CHARLES A. GONZALEZ which is the region’s largest private sector em- to initiate demonstration projects designed to OF TEXAS ployer. result in the immediate reductions in North At- IN THE HOUSE OF REPRESENTATIVES Ms. Walters graduated from the executive lantic right whale deaths. There are 4 distinct MBA program at Case Western Reserve Uni- Thursday, October 11, 2001 areas that I believe we should be focusing our versity’s Weatherhead School of Management attention on. First, we should develop acoustic Mr. GONZALEZ. Mr. Speaker, I rise today and holds a Masters of Science in Nutrition detection and tracking technologies to monitor to commend the Texas Transplant Institute from Case Western Reserve University. She the migration of right whales so that ships at (TTI) in San Antonio, Texas for hosting a spe- has consulted and lectured for major health sea can avoid right whales. Second, we need cial All Star Transplant Reunion. This event organizations such as the Pan American to continue work on individual satellite tags for will honor all transplant patients and living do- Health Organization, American Hospital Asso- right whales. This is yet another way that we nors from every Transplant Institute Program ciation, National Institutes of Health, the U.S. can track whale migration and alert ships at in Texas. Guests will also be joined by Spurs Army, and various hospitals and universities. sea of the presence of whales and avoid ship basketball player and donor recipient, Sean Ms. Walters has received numerous pres- strikes. Third, this legislation would speed up Elliott. tigious awards for her work. For example, in the development of neutrally buoyant line and San Antonio’s Texas Transplant Institute May 2001 she was awarded the Ellis Island ‘‘weak link’’ fishing gear, so that we can either was created in 1999 by combining the solid Medal of honor by the National Ethnic Coali- avoid having whales become entangled in the organ transplant program at Methodist Spe- tion of Organizations Foundation; in February, first place or when they do the ‘‘weak links’’ ciality and Transplant Hospital with the bone 1999 she became the first woman to receive break and they can more easily become dis- marrow/stem cell transplant program at Meth- the Business Executive of the Year award entangled. Finally this legislation supports re- odist Hospital. Over the years, the Institute from the Sales & Marketing Executives of search and testing into developing innovative has expanded. In May 2001, a liver transplant Cleveland; and in May 1998 she became the ways to increase the success of program was added to the Institute. And in first woman to receive the Business States- disentanglement efforts. July, a pediatric kidney transplant program manship Award from the Harvard Business This legislation allows for the government to was added to complete the full range of serv- School Club. In January 1993, Mrs. Walters provide fishermen ‘‘whale safe’’ fishing gear in ices provided at the Texas Transplant Insti- was appointed to Hillary Rodham Clinton’s Na- high use or critical habitat areas. This is cru- tute. tional Health Care Reform Tax Force, and in cial, because once we have developed this Today, the Texas Transplant Institute is the 1993 Modern Healthcare selected her as one ‘‘whale safe’’ gear we need to get it in the only program in the United States that com- of the 50 individuals in the USA to shape the water as soon as possible. I believe an assist- bines the resources and talents of both the future of health care in the country. In addi- ance program that is fair to fishermen will be bone marrow/stem cell program and the solid tion, University Hospitals of Cleveland has needed and we are asking the agencies to tell organ transplant program under one entity. been the recipient of many awards under her us the potential costs so we can ensure that Through its mission of ‘‘Continuing the Legacy leadership, including the North Coast 99 Di- the gear can be deployed where needed. of Hope Through Patient Care, Research and versity Award from the Employer Resource This legislation requires the Secretary of Education,’’ the Texas Transplant Institute is Council and Enterprise Development and the Transportation and Commerce to develop and dedicated to serving patients who are in need Exemplary Voluntary Effort Award from the implement a comprehensive ship strike avoid- of organ and bone marrow/stem cell trans- U.S. Department of Labor. ance plan for Right Whales because ship plants. Collectively, these programs have Ms. Walters also serves on a variety of na- strikes are the leading cause of right whale served over 2,500 patients. It has performed tional and local boards and is active in civic mortalities. The plan incorporates the Manda- 1,684 kidney transplants, 631 bone marrow/ affairs. She is on the board of the LTV Cor- tory Reporting System which I helped shep- stem cell transplants, 212 heart transplants, poration and has served on a number of key herd through Congress in 1997. This system and 2 liver transplants to patients all over the committees of the Association of American requires large vessels traveling through des- United States. Medical Colleges in Washington, D.C. She ignated critical right whale habitats to contact On October 13, 2001, hundreds of trans- also serves on the board of Cleveland Tomor- area Coast Guard authorities. Ship pilots re- plant recipients, patients on waiting lists, and row, Greater Cleveland Roundtable and Ohio port course, speed, location, destination and living donors who are considered an inspira- Business Roundtable. In 1994 Ms. Walters route and are alerted to the presence or near- tion to more than 80,000 men, women, and was appointed by Governor VOINOVICH to by whales. The system has helped mariners to children will unite. Many will meet for the first serve on the 15 member Commission to Study better navigate away from these endangered time with their respective donors, as well as the Ohio Economy and Tax Structure. Within animals. Through this legislation, the reporting other individuals who will attend and are ur- the community, she has served as Chairman system will be improved to include the collec- gently awaiting for a transplant to replace a for the 1997 United Ways Campaign, the first tion and analysis of data on traffic patterns failing kidney, heart, liver, lung, or pancreas. woman and the first CEO of a non-profit orga- and ship strikes. Mr. Speaker, once again, I would like to nization to be selected for the position. This legislation also establishes a right commend the Texas Transplant Institute for Ms. Walters will be honored by the Ohio whale research grant program. This program hosting this special All Star Transplant Re- Womens Hall of Fame on October 17, 2001. will establish a peer review process of all inno- union. I especially want to thank the doctors She and her husband Stephen have one vative biological and technical projects de- and staff at TTI for their hard work and dedi- daughter named Stephanie. signed to protect right whales. In addition to cation and I wish them well as they continue f the scientific community, this peer review team their life-saving services to the community. will also be comprised of representatives of f HONORING THE CITY OF CLOVIS the fishing industry and the maritime transpor- tation industry. It is important that from the IN HONOR OF FARAH M. WALTERS HON. GEORGE RADANOVICH very beginning we have the input of the peo- OF CALIFORNIA ple who are on the water every day. Their HON. DENNIS J. KUCINICH IN THE HOUSE OF REPRESENTATIVES knowledge and experience is absolutely nec- OF OHIO Thursday, October 11, 2001 essary to developing innovative practices and IN THE HOUSE OF REPRESENTATIVES techniques to save right whales. Mr. RADANOVICH. Mr. Speaker, I rise Congress has appropriated over $8 million Thursday, October 11, 2001 today to thank the citizens of Clovis, California dollars in the last two years to protect right Mr. KUCINICH. Mr. Speaker, I rise today to for their outpouring of sympathy and compas- whales. I believes that now is the time to de- honor Ms. Farah M. Walters for her induction sion in the wake of the tragedy which took

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.039 pfrm13 PsN: E12PT1 E1862 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 place in New York City and Washington, DC But it was real indeed, the U.S.A. had been CONGRATULATING THE PEOPLE on September 11. attacked! OF TAIWAN ON NATIONAL DAY At this time, I would like to submit for the So our nation plunged into war—it’s a deadly fact. CONGRESSIONAL RECORD a document sent to The scene was there before me, the story HON. JAMES R. LANGEVIN me by Clovis Mayor Jose Flores, on behalf of slowly revealed. OF RHODE ISLAND the people of Clovis. For the passengers in four hi-jacked planes— IN THE HOUSE OF REPRESENTATIVES PROCLAMATION HONORING THE VICTIMS OF their doom was sealed. Thursday, October 11, 2001 The hi-jackers were so full of hate flying TERRORIST ATTACKS, THE RESCUE WORKERS Mr. LANGEVIN. Mr. Speaker, I wish to ex- AND THE COURAGE OF THE PEOPLE OF THE through the sky, UNITED STATES Their aim to ‘‘kill America’’ to do so they tend to the people of Taiwan my congratula- tions on the occasion of National Day. Today’s Whereas, the World Trade Center and the would die. Pentagon were attacked by terrorists in a Two of the planes hit both twin towers event reminds us of the strong ties and shared cowardly act on September 11, 2001, resulting squarely—all aflame. principles between the United States and the in tremendous loss of innocent lives of our One plane to the Capital, the Pentagon, was people of Taiwan. fellow Americans; and its aim. Today, the people in Taiwan continue to Whereas, civilian hostages on some of the The last plane met resistance from some pas- enjoy high standards of living. Under the lead- aircraft also sacrificed their lives with a last sengers, so brave, ership of President Chen Shui-Bian, Taiwan heroic act to intervene to successfully A Pennsylvania mountain became its deadly has demonstrated great economic resilience thwart the terrorists; and grave. and has made gestures to improve dialogue Whereas, the citizens of the City of Clovis So the tale of this tragedy spread across our with the mainland. Additionally, Taiwan’s rela- express their deepest sympathy for the vic- Nation, tims of the attack and the families and tionship with the United States is becoming in- Dazed people unable to believe this revela- creasingly strong. Bilateral trade between Tai- friends of the victims who must now face tion. such sorrow and loss; and How could it be? How can lives be changed in wan and the United States topped $64.8 bil- Whereas, the citizens of the City of Clovis just a moment? lion last year, and Taiwan is the United States’ recognize and give thanks for the actions of How could anyone hate like that? With so eighth largest trading partner. Last year, near- the rescue workers, many of whom have, much vengeance vent? ly 30,000 students from Taiwan were enrolled through their own selfless actions, given But it was real indeed, the U.S.A. had been in United States colleges and universities. Ad- their own lives in an effort to save their fel- attacked, ditionally, the United States, outside of Asia, is low citizens; and Our Nation plunged into a war, it was a dead- Whereas, even in the midst of such a ter- the number one destination for Taiwan trav- ly fact. rible attack on our country, the courage of elers. Clearly, Taiwan and the United States the people of the United States has shown Through the days that followed, found me share many values in common such as attach- through for all the world to see; and glued to my T.V. set, ment to freedom, democracy and human Whereas, in such trying times, the Amer- This tragedy consumed me, I felt so help- rights. ican people have shown to the world that we less—and yet I also wish to thank President Chen for his are strong and united have shown to the My deep desire was to be a part of the rescue strong words of support after the terrorist at- world that we are strong and united together teams, tacks of September 11. The people of Taiwan against terrorism and in support of our coun- Then I could go into combat against those try and its values of freedom. Now, There- evil schemes, recognize the importance of solidarity in times fore, Be It Of those who brought destruction, who had of difficulty, as they recently coped with the Resolved, that the Clovis City Council does attacked our Nation. devastating effects of two typhoons, and I hereby extend our deepest sympathy to the Since I could not go, I’m left with sadness thank them for their offer to assist in inter- families of the victims, our most heartfelt and frustration. national efforts to eliminate worldwide ter- gratitude to the rescue workers seeking to The scene was utter destruction, the ques- rorism. aid our fellow Americans, and our assurance tion, where to start? On this day of celebration for the people of to the world that we, as citizens of the Many rescue workers poured in, coming to Taiwan, I offer them my best regards and grat- United States, stand united and will not tol- do their part. itude for their support and friendship. erate terrorism or be diminished by its ac- Firemen and police men, skilled workers tions, but rather we, as a free people, will f with their big machines. prevail against evil and continue to be a bea- Doctors and nurses and ambulances, also on TRIBUTE TO VENA RICKETTS, MD con of freedom for the world. the scene. f All working tirelessly, upon this mountain HON. BRAD SHERMAN of debris. OF CALIFORNIA A PRAYER FOR MY COUNTRY How frantically they struggled, to find vic- IN THE HOUSE OF REPRESENTATIVES tims to set free. HON. NICK SMITH Then new disaster, damaged buildings sud- Thursday, October 11, 2001 denly collapsed, Mr. SHERMAN. Mr. Speaker, I rise today to OF MICHIGAN The rescue teams became the victims, as IN THE HOUSE OF REPRESENTATIVES honor Dr. Vena Ricketts for her tremendous many were trapped. contributions to our local and global commu- Thursday, October 11, 2001 Rescuers continued working, they knew they must go on. nities. On October 12, 2001, Olive View-UCLA Mr. SMITH of Michigan. Mr. Speaker, I The missing, numbered thousands, so they Medical Center Foundation will honor Dr. would like to share with my colleagues a searched from dawn to dawn. Vena Ricketts with the ‘‘Nelle Reagan Award poem written by Sarah Shaw for her Jerome, Our Nation now in mourning, candles lit for Distinguished Community Service’’ in Michigan, church service, September 30, across the land. Woodland Hills, California. 2001. Our red, white and blue flags waving, many Dr. Ricketts stands out among physicians as a dedicated volunteer whose efforts reach A PRAYER FOR MY COUNTRY in childrens hands. At Washington Cathedral, folks of all creeds those in medical need worldwide. She serves It’s utter terror—disbelief, at what my eyes gathered there. as a team leader on missions which provide behold. Joining our President and Congress, in a It’s so unbelievable, as I watch this scene un- impoverished people throughout the world with time of prayer. fold. vital medical and dental care. These philan- Also at this service, four past Presidents of Where three years ago I’d been there, and thropic missions have taken Dr. Ricketts to had marvelled at the sight. our Nation, Nepal, Ghana, Bulgaria, Bethlehem, Palestine, With all heads bowed, aching hearts, seeking The majestic New York City skyline, all lit Gambia, and most recently, Cambodia. God’s affirmation. up by night. Dr. Ricketts has also been extremely dedi- Now horror, seeing attacks, watching both In churches, and in town halls, in parks all across our land. cated to serving her local community through- towers aflame out her years in practice. She has served as Saw the huge plane flying, as for its attack Prayers of every creed and language, God it came will understand. a volunteer physician at the Hollywood Cen- With total disbelief I stood, staring at my So now in our sorrow, we must all turn to trum Organization and the local House of T.V. God above, Magdalene. In addition, Dr. Ricketts is the This cannot be happening!! This cannot truly May he surround our Nation with his ever- Medical Director at the Church on the Way in be!! lasting love! Amen. Van Nuys, California.

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.043 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1863 Currently, Dr. Ricketts is a professor at the OPPOSE DELAYS IN ENFORCING over a year. The man endured days of pain UCLA School of Medicine and Assistant Chair EXECUTIVE ORDER 13166 after each treatment, but was unable to com- of the Department of Emergency Medicine at municate this because he was never provided the Olive View-UCLA Medical Center. She HON. JANICE D. SCHAKOWSKY with an interpreter. Only after a community or- founded and heads up the hospital’s Health OF ILLINOIS ganization intervened did the clinic understand Career Day in which hundreds of local stu- IN THE HOUSE OF REPRESENTATIVES the patient’s pain and adjust the treatment. dents have been provided the opportunity to Thursday, October 11, 2001 A Russian-speaking woman experienced learn about career options in the medical field. life-threatening complications from prescribed Ms. SCHAKOWSKY. Mr. Speaker, I rise in The innovative teaching methods used by medications. Without an interpreter or use of a strong opposition to the amendment offered by Dr. Ricketts at this career expo have received language line, doctors in the emergency room the gentleman from Oklahoma, which would significant national attention. She received the were unable to treat her. Only because a Rus- delay enforcement of Executive Order 13166 Department of Emergency Medicine ‘‘Golden sian-speaking young girl happened by and that requires federal agencies and organiza- Award for Excellence in Teaching’’ as well as agreed to help were doctors able to save the tions that receive federal funding to provide the National Emergency Residents Association woman’s life. translators to limited English proficient individ- ‘‘Augustine D’Orta Award for Excellence in A Russian-speaking woman’s none-year-old uals. son had to translate before and after his moth- Health Policy and Community Service’’. Executive Order 13166 promotes actions er’s angioplasty. The hospital refused to use a Dr. Ricketts serves as an inspiration to all of consistent with, but not unduly burdensome to, language line and the child translated for sev- us through her tireless dedication to providing the fundamental mission of federal programs. eral hours each time. exceptional medical care to people in need Flexibility is recognized as essential—states This Executive Order will have a profoundly around the world. It is a distinct pleasure to and providers need only do what they can, positive impact on ensuring that all individuals, ask my colleagues to join me in saluting Dr. given their circumstances, to assist limited regardless of language, receive quality care Vena Ricketts on her outstanding achieve- English proficiency (LEP) individuals. For ex- ments. ample, street signs do not need to be trans- and that disparities in health care access and lated into characters and doctors who serve outcomes due to language barriers are being f LEP individuals on an infrequent basis are not addressed. There is no good reason to delay required to have full-time interpreters or bilin- the full enforcement of Executive Order 13166. THE OPPRESSED WOMEN OF Therefore, I strongly urge my colleagues to AFGHANISTAN gual staff, this would be considered undue burden. vote against this amendment. The need for Executive Order 13166 and its f HON. BENJAMIN A. GILMAN implementing guidance cannot be overstated. DAVID NEVES, RHODE ISLAND’S OF NEW YORK LEP individuals—many of whom initially enter TEACHER OF THE YEAR IN THE HOUSE OF REPRESENTATIVES the United States as refugees and asylees— endure restricted access to critical public Thursday, October 11, 2001 health, hospital and medical services which HON. JAMES R. LANGEVIN Mr. GILMAN. Mr. Speaker, I want to thank they often desperately need. The most recent OF RHODE ISLAND the gentlelady from California (Ms. SOLIS) for Census data that documents over 31 million IN THE HOUSE OF REPRESENTATIVES arranging this special order today. I also want individuals, over one in nine Americans, speak Thursday, October 11, 2001 a language other than English at home. While to extend my best wishes and prayers to the Mr. LANGEVIN. Mr. Speaker, I rise today to this reality should be viewed as a cultural women of Afghanistan. pay tribute to David Neves, a Scituate music strength of our nation, in the health care con- Just as we cannot forget the horrific events teacher who was recently named Rhode Is- of September 11, 2001, we must not forget text an individual’s limited English proficiency often results in inadequate health care. An in- land’s Teacher of the Year. the women of Afghanistan who have been suf- Mr. Neves has been a member of the fering under the brutal Taliban regime since ability to comprehend the patient, mixed with a fear of liability, can also lead some doctors Scituate High School music department for 25 1996. They were the first victims of the years and has devoted his career to instilling Taliban. to order expensive, otherwise avoidable tests. Conversely, because of communication prob- a love and appreciation for music in all of his Today, there are thousands of widows in the students. Throughout his tenure at Scituate, capital of Afghanistan who are unable to leave lems, non-English speakers often avoid seek- ing treatment until it is absolutely necessary, Mr. Neves has directed the band program and their homes, even for food and emergency served as the conductor for the symphonic medical care. Women are forced to cover which disproportionately causes them to under utilize cost-effective preventive care. This is band, jazz ensemble and orchestra. Any one themselves from head to toe, denied access not only unhealthy, but often more expensive. of these projects consumes an extraordinary to education and proper health care, forbidden Without Executive Order 13166 and translation amount of time, yet Mr. Neves has undertaken to work so that they may support their fami- services for LEP populations, citizens and all four with tireless enthusiasm. lies, and face brutal beatings if they do not non-citizens alike suffer. In addition to providing basic music instruc- comply with the rules set forth by their oppres- Parents of citizen children, who have limited tion, Mr. Neves has led his students on trips sors. Amnesty International calls Afghanistan knowledge of English, can not explain to the to Montreal, Toronto, Orlando, and Wash- under the Taliban ‘‘a human right catas- doctor what is wrong with their child nor do ington, DC, and even allowed them to produce trophe.’’ These women are struggling to sur- they understand what the doctor tells them to top-quality recordings in professional studios. vive in what has become a police state claim- do for treatment. If a LEP individual arrives at Through his efforts, the students in Scituate’s ing to be a theocracy. a hospital with symptoms of tuberculosis—or music program have experienced life beyond Nonetheless, by enacting these oppressive smallpox—without an interpreter, hospital staff their community, and they will relish and draw measures, the Taliban regime claim they are and public health officials would be unable to on those experiences for years to come. restoring Afghanistan to the purity of Islam. communicate with the patient and a public Mr. Neves was selected for this honor from However, authorities in a number of Muslim health hazard could easily spiral out of control. among nominees of schools all over the state. countries insist that few of the regime’s dic- Here are additional stories that have re- He will now compete for National Teacher of tates have a basis in Islam. The religion of sulted from inadequate LEP translation serv- the Year and will be recognized at a Presi- Islam requires all Muslims to cherish women, ices available. dential ceremony here in Washington in the and requires that their status to be equal to A Korean woman appeared for a gyne- spring. I am very much looking forward to wel- that of men. It is the Taliban’s interpretation of cology exam, but no interpreter or language coming Mr. Neves to our nation’s capitol and Islam and treatment of women that is un-Is- line assistance was provided. The clinician congratulating him on this impressive honor in lamic. It is they who are the unbelievers, the used the 16-year-old son of a complete person. oppressors, and the blasphemers. And it is stranger to translate. I think we all know the impact one excep- they who continue to use violence and a dis- A woman requiring treatment for a uterine tional teacher can have on his students. One torted interpretation of Islam to force their ide- cyst was unable to receive treatment on two teacher can change the course of a child’s life ology on others. separate occasions because an interpreter by inspiring confidence, promoting excellence, My sympathies and prayers with the women was unavailable. and opening his students’ eyes to possibility. of Afghanistan, and I hope that their ordeal will A man suffering from a skin condition requir- Mr. Neves is truly an outstanding asset to his soon come to an end. ing laser treatment underwent treatment for profession and community, and for that, I am

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.046 pfrm13 PsN: E12PT1 E1864 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 grateful. I know the entire second district of In our hearing yesterday in our Committee with the lack of political freedom or eco- Rhode Island joins me in extending hearty on International Relations on public diplomacy nomic development in Egypt. It also explains congratulations on his wonderful achievement. in the fight against terror, the very same point why so many of Osama bin Laden’s recruits are Egyptian. f was made. And, to be sure, it has even been made by some moderate Arab leaders. For years U.S. and other Western govern- TRIBUTE TO TRI-ANIM HEALTH The fact is that these policies of blaming ments have been understanding of Mr. Muba- SERVICES, INC. others are self-defeating. They do not lead to rak and other‘‘moderate’’ Arab leaders. They have to be cautious in helping the United any long-term reform. They do not even allow States, it is said, because of the pressures of HON. BRAD SHERMAN any real release of tension. In this modern public opinion—the opinion, that is, that OF CALIFORNIA age, they lead to intolerance of others, support their own policies have been decisive in cre- IN THE HOUSE OF REPRESENTATIVES for terrorism, or terrorism itself. ating. Though the reasoning is circular, the Thursday, October 11, 2001 We need to fully consider these points, as conclusion has been convenient in sustaining do the rulers of the ‘‘moderate’’ Arab states. relationships that served U.S. interests, es- Mr. SHERMAN. Mr. Speaker, I rise today to For the information of my colleagues, I re- pecially during the Cold War. But the Middle honor Tri-anim Health Services, Inc. of quest that the Washington Post editorial be East is a region where the already overused Sylmar, California. On October 12, 2001, this printed at this point in the RECORD: notion that Sept. 11 ‘‘changed everything’’ unique organization will receive the ‘‘Out- may just turn out to be true. If the United standing Corporate Contributor of Health Edu- [From the Washington Post: Oct. 11, 2001] States succeeds in making support or opposi- cation’’ award from the Olive View-UCLA Med- THE ARAB PARADOX tion to terrorism and Islamic extremism the ical Center Foundation in Woodland Hills, Cali- Arab nations, including those considered defining test of international politics, as allies of the United States, have been strug- President Bush has repeatedly promised, fornia. gling with their response to the U.S.-led then the straddle that the ‘‘moderate’’ Arabs Tri-anim Health Services, Inc. is the nation’s military campaign in Afghanistan. If their have practiced for so long could soon become largest provider of specialty health care prod- contortions were not so familiar they would untenable. Much as it has valued its ties ucts used in respiratory, anesthesia and crit- be hard to understand: After all, Osama bin with leaders such as Mr. Mubarak, the Bush ical care. Employing over 220 people nation- Laden and his al Qaeda organization are administration needs to begin preparing for wide with annual sales exceeding 100 million sworn enemies of the Egyptian and Saudi the possibility that, unless they can embrace in revenue, Tri-anim prides itself on quality governments, which in turn depend on the new policies that offer greater liberty and employees who continuously exceed the ex- United States for their security. But it took hope, they will not survive this war. pectations of customers. Egyptian President Hosni Mubarak three days to choke out a statement supporting f The Tri-anim corporate commitment to ex- ‘‘measures taken by the United States to re- ceptional service extends beyond the bound- sist terrorism’’; and even then he coupled it aries of the company. The organization fre- with a parallel demand that Washington TRIBUTE TO ABBY HOCHBERG- quently donates medical equipment and sup- ‘‘take measures to resolve the Palestinian SHANNON plies throughout the world benefiting thou- problem.’’ Meanwhile, Mr. Mubarak’s long- sands of people in Armenia, China, Columbia, time foreign minister, Amr Moussa, now the Equador, Nicaragua and Russia to name a secretary general of the Arab League, HON. NICK LAMPSON few. Tri-anim is also active in numerous local prompted first Arab states and then the 56- nation Islamic Conference to adopt a resolu- OF TEXAS philanthropic endeavors. In particular, the tion yesterday opposing U.S. attacks on any IN THE HOUSE OF REPRESENTATIVES company provides strong financial support to Arab country as part of the anti-terrorism the American Cancer Society, Braille Institute campaign—a position that offers cover to Thursday, October 11, 2001 and SHARE. Iraq’s Saddam Hussein. Most recently, Tri-anim donated 13 note- In effect, Mr. Mubarak and Mr. Moussa are Mr. LAMPSON. Mr. Speaker, colleagues, as book computers to a Los Angeles school for backing both the military action of the U.S. the Chairman of the Congressional Missing alliance and the political position of Osama children with autism. These computers allowed and Exploited Children’s Caucus, most of you the students to enhance their ability to com- bin Laden, who on Sunday claimed that un- just American policies in Israel and Iraq jus- have heard me speak on the House floor municate and learn. In fact, the special soft- tified his acts of mass murder. The world, about children’s issues. Today, I want to wish ware provided enables some students to com- Mr. Moussa said, needs to address the a fond farewell to the member of my staff who municate in sentences for the first time. ‘‘causes’’ of the terrorism, and he suggested has worked so hard on these issues during Tri-anim is recognized industry-wide for its that a United Nations conference might be my years in Congress—Abby Hochberg-Shan- renowned technological advances. The com- the best forum. There’s little doubt what he non. Abby is leaving her position as my Legis- pany’s award-winning website was the first has in mind: After all, Mr. Moussa only a lative Director today to work for the National couple of months ago led the attempt to hi- one dedicated to respiratory, anesthesia and Center for Missing and Exploited Children. critical care. The site offers approximately jack the U.N. conference on racism and re- vive the libel that ‘‘Zionism is racism.’’ All of us who serve in Congress know how 32,000 products from more than 250 manufac- Behind this contradictory rhetoric lies one turers. important our staff members are to us. Abby of the central problems for U.S. policy in the was one of the first people I hired when I Tri-anim Health Services, Inc. has risen post-Sept. 11 world: The largest single above and beyond any other organization of ‘‘cause’’ of Islamic extremism and terrorism came to Congress in 1997. She has a real its kind through the extraordinary dedication of is not Israel, nor U.S. policy in Iraq, but the passion for children’s issues, which was so each employee to providing exceptional serv- very governments that now purport to sup- important when two young constituents were ice in the health care arena. It is a pleasure port the United States while counseling it to tragically abducted during my first term. to ask my colleagues to join me in saluting Tri- lean on Ariel Sharon and lay off Saddam Abby’s hard work was integral to the establish- anim on their outstanding achievements. Hussein. Egypt is the leading example. Its ment of the first-ever Congressional Missing autocratic regime, established a half-century f and Exploited Children’s Caucus. Now the ago under the banner of Arab nationalism caucus includes over 150 Members of Con- THE WASHINGTON POST PUTS ITS and socialism, is politically exhausted and morally bankrupt. Mr. Mubarak, who gress who provide a loud and unified voice as FINGER ON ‘THE ARAB PARADOX’ checked Islamic extremists in Egypt only by advocates for missing children. torture and massacre, has no modern polit- Now Abby is going to the National Center HON. BENJAMIN A. GILMAN ical program or vision of progress to offer his for Missing and Exploited Children. I am proud OF NEW YORK people as an alternative to Osama bin that she will be continuing her work on these IN THE HOUSE OF REPRESENTATIVES Laden’s Muslim victimology. Those Egyp- tians who have tried to promote such a pro- issues with such an outstanding organization. Thursday, October 11, 2001 gram, such as the democratic activist Saad Although she will be sorely missed, I don’t feel Mr. GILMAN. Mr. Speaker, a very astute Eddin Ibrahim, are unjustly imprisoned. In- like I am losing a staff member. I know that I editorial was printed in today’s Washington stead, Mr. Mubarak props himself up with $2 and other members of the Caucus will con- billion a year in U.S. aid, while allowing and tinue to work with Abby Hochberg-Shannon Post underscoring a provocative point: That even encouraging state-controlled clerics the regimes of Arab states, which have little if and the National Center on this issue so we and media to promote the anti-Western, can ‘bring our missing children home’. any democratic legitimacy, use hatred for the anti-modern and anti-Jewish propaganda of United States and Israel to deflect criticism of the Islamic extremists. The policy serves his Thank you Abby for 5 years of dedicated their internal policies. purpose by deflecting popular frustration work. The Hill will miss you.

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A11OC8.049 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1865 TRIBUTE TO PROCTER AND IMPROVING TEACHER QUALITY TRIBUTE TO THE ANTI-DEFAMA- GAMBLE TION LEAGUE AWARD RECIPI- HON. JAMES R. LANGEVIN ENTS HON. DON SHERWOOD OF RHODE ISLAND HON. BRAD SHERMAN IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA OF CALIFORNIA Thursday, October 11, 2001 IN THE HOUSE OF REPRESENTATIVES HON. HENRY A. WAXMAN Mr. LANGEVIN. Mr. Speaker, today I had OF CALIFORNIA Thursday, October 11, 2001 planned to offer an amendment to strengthen teacher quality. However, I withdraw this HON. ADAM B. SCHIFF Mr. SHERWOOD. Mr. Speaker, I want to amendment out of respect for the hard work of OF CALIFORNIA pay tribute to Procter & Gamble and the 2,500 Chairman YOUNG, Chairman REGULA, and working men and women at the P&G paper HON. HOWARD L. BERMAN Ranking Member OBEY in crafting a strong, bi- OF CALIFORNIA products plant in Mehoopany, Pennsylvania, partisan bill. as they celebrate the plant’s 35th anniversary Mr. Speaker, before I withdraw my amend- HON. JANE HARMAN on October 17 and 18. ment, I want to address the importance of OF CALIFORNIA The Mehoopany plant, which is P&G’s larg- training not only our teachers, but our sub- IN THE HOUSE OF REPRESENTATIVES est plant in the world, makes a major contribu- stitutes as well. Thursday, October 11, 2001 tion to the local, state and national economy. Substitute teachers are critical to our chil- Mr. SHERMAN Mr. Speaker, we rise today The plant’s dedicated employees produce dren’s education, yet less than 15 percent of to honor Shirley and Seth Hufstedler, Alan I. Pampers and Luvs disposable diapers, Bounty them participate in any type of professional development. On average, students will spend Rothenberg, and Erwin Chemerinsky. On Oc- paper towels, Bounty napkins and Charmin tober 11, 2001, each of these extraordinary in- bathroom tissues. The plant’s payroll is over the equivalent of 1 full year with a substitute teacher before high school graduation. Amer- dividuals will be recognized at the Anti-Defa- $130 million annually. P&G contributes over mation League 2001 Jurisprudence Award $200 million a year to the Pennsylvania econ- ica’s substitutes have become an integral part of our teacher workforce, yet in all but 1 State, Dinner. omy in purchases of materials, freight, sup- substitutes need no teaching certification, and Shirley Hufstedler is currently Senior of plies and services. Hundreds of additional in 28 States principals may hire anyone with Counsel at Morrison & Foerster. Previously, people are employed to provide those pur- a high school diploma or a GED who is over she served as a Judge in the Los Angeles chases. 17. In addition, over half of the school districts County Superior Court and an Associate Jus- Procter & Gamble is making an investment in this country do not require face-to-face tice of the California Court of Appeals. Prior to of $350 million to add two new paper-making interviews or reference checks for potential that, Shirley was appointed and served as the U.S. Secretary of Education in 1979 by Presi- machines and converting equipment. The substitutes, and almost one-third of districts do dent Jimmy Carter. Mehoopany site was chosen by P&G for ex- not conduct background checks. Moreover, many substitutes want to become full-time Her husband, Seth Hufstedler is also Senior pansion as the most attractive option in meet- of Counsel at Morrison & Foerster. He has ar- ing their economic, distribution and infrastruc- teachers. But without training, few pursue this ambition. gued many cases before the California appel- ture needs. late courts, the 9th Circuit Court of Appeals Most substitutes cite a lack of discipline and the U.S. Supreme Court. More recently he I am pleased to say that the Mehoopany fa- among students as one of the most significant has served as President of the State Bar of cility continues to be recognized not only as a reasons they leave the profession. It is no sur- California and the Los Angeles County Bar business leader, but also for its environmental prise that they are unable to maintain dis- Association. and safety records. The plant has won two cipline when they have not been trained in Alan Rothenberg is the founder of the U.S. Governor awards for environmental excellence basic classroom management. With skills and Soccer Foundation and has dedicated himself and four safety awards from the American content training, substitutes would be more in- to Major League Soccer for many years. He Forestry and Paper Association over the past clined to stay and to take on full-time teaching was Chairman, President, and CEO of the five years. responsibilities. most successful World Cup in History. He also P&G’s Mehoopany plant not only fills the In the spring, I conducted a survey of all the served as Chairman of the Board of the 1999 needs of millions of American consumers, but public schools in my congressional district. FIFA Women’s World Cup, the most success- goes beyond U.S. borders by exporting more Among the many issues revealed, these sur- ful women’s sporting event in history. than $150 million worth of tissues, towels, veys illuminated the great shortage of qualified Finally, Erwin Chemerinsky is the author of napkins and diapers to Canada, Europe and substitutes and the desire for more profes- four books on constitutional law. He has testi- sional development programs for teachers and Latin America each year. fied many times before Congress, the Cali- principals in Rhode Island. These problems I clearly remember when the Mehoopany fornia Legislature and the Los Angeles City are not unique to Rhode Island. They exist na- Council. Erwin has argued many cases in the Plant began operations in 1966. I was just tionwide and are likely to be exacerbated in U.S. Courts of Appeals and served as co- leaving the military and returning to Wyoming the coming decade as growing levels of teach- counsel in several cases before the United County to start my career. Since that time, I er attrition and retirement and increased States Supreme Court. have seen the creation of several thousand school enrollment combine to create a mas- Each of these well-respected individuals good paying and stable jobs in Pennsylvania’s sive teacher shortage. Indeed, the National have remained dedicated to providing exem- 10th Congressional District. The plant draws Center for Education Statistics estimates that plary service to our community. It is a distinct its work force from six northeastern Pennsyl- we will need 2.4 million additional teachers pleasure to ask our colleagues to join with us vania counties. The continued success of the over the next 11 years. in saluting them for their outstanding achieve- Mehoopany plant is due to the dedication and Encouraging States and local educational ments. agencies to include substitute training in a commitment of the men and women who work f there. comprehensive teacher quality program will improve the work of substitutes, the ability of HIGHWAY HOME IN HATFIELD, Our nation’s economic prosperity depends teachers to attend professional development PENNSYLVANIA on companies like Procter & Gamble which programs, and ultimately will improve edu- are willing to invest in the future of our nation cation for our children. HON. JOSEPH M. HOEFFEL and in the men and women who have done I urge my colleagues to work with me to find OF PENNSYLVANIA such an outstanding job in producing the high innovative ways to help our substitutes as well IN THE HOUSE OF REPRESENTATIVES quality products that consumers both domesti- as our full-time teachers be better prepared for cally and internationally want and need. Con- our classrooms and better teachers for our Thursday, October 11, 2001 gratulations to Procter & Gamble and to its children. Mr. HOEFFEL. Mr. Speaker, I rise today to employees on the 35th anniversary of the Mr. Speaker, I respectfully withdraw my acknowledge the 50th anniversary of the High- Mehoopany plant. amendment. way Home in Hatfield, Pennsylvania. The

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.052 pfrm13 PsN: E12PT1 E1866 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 Highway Home has been serving the needs of It does not interfere with the selection proc- awards from the United States Postal Service, the elderly and I am honored to join them in ess for the forty Renewal Communities, which United Way of Genesee County, La Raza Ad- their celebration. is already underway. Nor does it alter the ob- visory Council to the Michigan State Board of The High Home was founded by the High- jective qualifications that each census tract Education, the YWCA, and she was cited in way Tabernacle Church of Philadelphia in must meet to qualify for inclusion in a Re- Rodolfo Acuna’s book ‘‘Occupied America, A 1951 and is a non-profit organization. Since newal Community. It merely allows Renewal History of Chicanos.‘‘ 1980, the Highway Home has been licensed Communities selected later this year to apply Mr. Speaker, I ask the House of Represent- by the Commonwealth of Pennsylvania with for the inclusion of adjacent census tracts that atives to join me in congratulating Lilia Pulido the mission of excellent care to the elderly and clearly justify inclusion in the Renewal Com- Alvarado as she receives the Golden Door enhancing the quality of their lives. They have munity, based on our most recent census award from the International Institute of Flint. met this mission with great success. data. Lilia has worked tirelessly to help make a bet- I am proud to join Highway Home in their f ter world for all. celebration. Our community is fortunate to HONORING LILIA PULIDO f have such a fine facility that meets the impor- ALVARADO tant needs of our elderly. PROCLAMATION FOR STEPHEN EDWARD MONSEES f HON. DALE E. KILDEE RENEWAL COMMUNITY TECHNICAL OF MICHIGAN HON. STEVE ISRAEL LEGISLATION IN THE HOUSE OF REPRESENTATIVES OF NEW YORK Thursday, October 11, 2001 IN THE HOUSE OF REPRESENTATIVES HON. JOHN J. LaFALCE Mr. KILDEE. Mr. Speaker, I rise today to Thursday, October 11, 2001 OF NEW YORK pay tribute to Lilia Pulido Alvarado. Mrs. Alva- IN THE HOUSE OF REPRESENTATIVES rado is being honored by the International In- Mr. ISRAEL. Mr. Speaker, it is with great pride that I rise today to recognize one of New Thursday, October 11, 2001 stitute of Flint at their annual dinner on Octo- ber 13th. She will be given their Golden Door York’s outstanding young students, Stephen Mr. LAFALCE. Mr. Speaker, today, along award. Edward Monsees. This young man has re- with Representatives QUINN and REYNOLDS, I The International Institute pays tribute each ceived the Eagle Scout honor from their peers will be introducing legislation designed to en- year to an outstanding immigrant who has in recognition of their achievements. hance the effectiveness of the ‘‘Renewal Com- made a significant impact on the greater Flint Since the beginning of this century, the Boy munity’’ program which Congress adopted just community. It is the highest award the Institute Scouts of America have provided thousands of last December. This legislation would allow presents. The recipient has demonstrated a boys and young men each year with the op- the expansion of Renewal Communities to in- lifelong commitment to improving the quality of portunity to make friends, explore new ideas, clude census tracts which are not eligible life for newly arrived immigrants. and develop leadership skills while learning under 1990 census data, but which are eligible This year’s recipient, Lilia Pulido Alvarado is self-reliance and teamwork. under 2000 census data. a stellar example of this commitment. She has The Eagle Scout award is presented only to As Congress debates economic stimulus fought her entire life for immigrants. She immi- those who possess the qualities that make our legislation, which is likely to include tax provi- grated to the United States from Mexico at the nation great: commitment to excellence, hard sions, we urge inclusion of this simple, but im- age of twelve with her parents and four sib- work, and genuine love of community service. portant, legislative amendment to the existing lings. Her father had been the Chief of Police Becoming an Eagle Scout is an extraordinary Renewal Community program. in Zacatecas before an accident cut short his award with which only the finest Boy Scouts Late last year, Congress enacted bi-partisan career. Lilia’s mother worked as a midwife to are honored. To earn the award—the highest legislation authorizing the designation of forty support the family before the family moved to advancement rank in Scouting—a Boy Scout ‘‘Renewal Communities,’’ each of which will Michigan. must demonstrate proficiency in the rigorous receive substantial investment tax benefits. As a result of her father’s accident and the areas of leadership, service, and outdoor Applications for selection of these Renewal move to a new country the family had a dras- skills; they must earn a minimum of 23 merit Communities are due late in October, with tic change in their lifestyle. In Mexico the fam- badges as well as contribute at least 100 final selection by HUD under a competitive ily lived in an 18-room house with servants, man-hours toward a community oriented serv- process before the end of this year. and an active social life. In Michigan the family ice project. All census tracts in a Renewal Community lived in a shanty, sleeping on straw mat- I ask my colleagues to join me in congratu- application must meet objective criteria, includ- tresses, cooking over a wood stove and had lating the recipients of these awards, as their ing benchmarks relating to poverty and unem- outdoor toilet facilities. Lilia did not know how activities are indeed worthy of praise. Their ployment. However, the poverty rates and to speak English and this created difficulties leadership benefits our community and they population used to determine compliance with for her in school. The first day of school Lilia serve as role models for their peers. such criteria are required to be determined threw a book at the teacher and was expelled. Also, we must not forget the unsung heroes, using 1900 census data. The teacher had wanted her to read in who continue to devote a large part of their Use of dated economic data was probably English. Later in life this incident caused Lilia lives to make all this possible. Therefore, I sa- necessary, given that the selection process to fight passionately for schools to understand lute the families, scout leaders, and countless will be completed before all 2000 census data and incorporate the language and culture of others who have given generously of their is available. However, ironically, the result is the immigrant when teaching the student. time and energy in support of scouting. that legislation designed to rejuvenate areas Fortunately, Lilia went on to complete her It is with great pride that I recognize the with rising poverty and declining economic schooling, eventually earning an associate’s achievements of Stephen and bring the atten- conditions and population effectively ignores degree, a bachelor’s degree, a master’s de- tion of Congress to this successful young man what has taken place over the last decade. gree and a substance abuse counselor li- on his day of recognition, Friday, October 12, The very census tracts that have declined cense. During this time she married, and 2001. Congratulations to Stephen and his fam- economically over the last decade, as con- raised four children. She paid for her edu- ily. firmed by objective economic data, are unnec- cation by picking apples. She has worked as f essarily excluded from favorable investment the district director of the Michigan State Uni- treatment designed to reverse such economic versity research project, ‘‘Migrants in Transi- INTRODUCTION OF THE PRO- decline. tion;’’ as a bilingual counselor for Model Cities, TECTING AMERICA’S CHILDREN This makes no sense. Therefore, the legis- a counselor for battered women at the YWCA AGAINST TERRORISM ACT lation we are introducing today in a simple of Greater Flint, a teacher with the Flint Com- one, which permits applicants that are award- munity Schools and the International Institute HON. LOUISE McINTOSH SLAUGHTER ed Renewal Community status to subse- and as an insurance specialist for Blue Cross/ OF NEW YORK quently apply to HUD to expand their bound- Blue Shield. Her advocacy stretches beyond IN THE HOUSE OF REPRESENTATIVES aries to include census tracts that did not Flint to include the indigenous people of Mex- Thursday, October 11, 2001 meet the legislation’s poverty or population cri- ico. teria using 1990 census data, but would meet The community has recognized Lilia’s con- Ms. SLAUGHTER. Mr. Speaker, I rise today such criteria using 2000 census data. tributions over the years. She has received to introduce legislation designed to protect our

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.056 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1867 most vulnerable citizens in the event of a ter- The bill would secure our social services in- recognition. I ask my colleagues to join me in rorist attack: our children. frastructure to assist children and families by: honoring this dedicated and hard-working man The events of September 11 have illustrated Helping communities provide universal hot- of faith. only too clearly for us the risks posed to our lines, such as 2–1–1. f children by terrorism. Children perished And, finally, the bill would provide services aboard the planes that crashed. Both the for children orphaned as a result of terrorism RECOGNIZING THE 20TH ANNIVER- World Trade Center and the Pentagon housed by: SARY OF THE CLARENCE SENIOR day care centers. Nearby schools had to be Establishing an Office of Children’s Services CENTER evacuated. And an estimated 10,000 Amer- after any disaster in which children have lost ican children lost a parent as a result of these their custodial parent(s). HON. THOMAS M. REYNOLDS atrocities—many of them losing their sole or The events of September 11 have revealed OF NEW YORK primary caregiver. to us the gaps in our preparedness for a major IN THE HOUSE OF REPRESENTATIVES In recent weeks, new concerns have disaster. We owe it to our children to ensure Thursday, October 11, 2001 emerged. With the threat of bioterrorism and that we close these gaps before a future Mr. REYNOLDS. Mr. Speaker, I rise today chemical warfare more prominent, we have re- emergency—be it terrorism, natural disaster, to mark the 20th anniversary of the Clarence alized that our understanding of the proper or other cause—requires that we take action. Senior Center in Clarence, NY. dosages of vaccines and antidotes for children I hope my colleagues will join me in lending The Clarence Senior Center is an important is incomplete. Few health care providers are strong support to the Protecting America’s gathering place for our community—providing trained to recognize the early signs of small- Children Against Terrorism Act. Our precious social, educational, recreational, and nutri- pox or anthrax, which can mimic cold or flu children deserve no less. tional support for the town’s independent sen- symptoms. The National Pharmaceutical f Stockpile Program is not necessarily equipped ior population. The center is a place to share with the supplies necessary to administer IN HONOR OF REVEREND W.J. friendships and experiences, and encourages drugs or other treatment to large numbers of HALL, D.D., PASTOR independence of its members, who range in children. age from 60 to 96. Other needs have become evident as well. Mr. Speaker, I ask that this Congress join HON. EDOLPHUS TOWNS me in saluting Clarence Senor Citizens, Inc., Many schools lack effective evacuation plans OF NEW YORK or methods of moving children to an alter- upon the occasion of the 20th anniversary of IN THE HOUSE OF REPRESENTATIVES native safe location. Networks do not exist for its center, and that this honorable body extend informing parents of evacuations and the sites Thursday, October 11, 2001 its sincerest appreciation to the staff, volun- where their children may be found. Mental Mr. TOWNS. Mr. Speaker, I rise in honor of teers, members, and visitors who have made health services are not always available for Reverend W.J. Hall for his many outstanding this facility such a tremendous asset to our children traumatized by catastrophic events. years of service to the Bethel Baptist Church. community. Finally, the World Trade Center and Pen- W.J. Hall was born August 1, 1928, to Mr. f tagon attacks robbed untold numbers of chil- and Mrs. G.A. Hall in Oxford, NC. He attended IN MEMORY OF MAJOR WALLACE dren of their sole parent or caregiver. While elementary and high school in Oxford, NC. COLE HOGAN, JR. these children are now largely being cared for After graduating from Mary Potter High School by relatives and friends, they are considered in 1947, he went to Philadelphia, PA, to work. orphans by the government. We must estab- He also attended Temple University. In 1950, HON. SAXBY CHAMBLISS OF GEORGIA lish a method for settling these children in lov- Reverend Hall joined the U.S. Army serving as ing homes and ensuring that all possible aid a military policeman and working with the CID IN THE HOUSE OF REPRESENTATIVES and services are provided to them in a coordi- (Criminal Investigating Department). Following Thursday, October 11, 2001 nated, comprehensive fashion. his honorable discharge from the Army in Mr. CHAMBLISS. Mr. Speaker, today I I am proud to join my colleague, Senator 1953, he completed a double major in religion honor Major Wallace Cole Hogan, Jr. for serv- HILLARY RODHAM CLINTON, in introducing today and social studies at Shaw University in Ra- ing our country in the United States Army. the Protecting America’s Children Against Ter- leigh, NC. Reverend Hall also earned 18 se- Major Hogan grew up in Macon, Georgia, and rorism Act. This bill addresses each of these mester hours toward a masters degree in edu- attended Valdosta State University. After grad- critical issues, supplying federal resources and cation at North Carolina College in Durham, uation, he joined the Georgia Army National coordination to ensure that our children’s NC. He used this knowledge when he taught Guard as a Rifle and Mortar Platoon Leader. needs are met in the event of a terrorist at- 4 years of public school in North Carolina and Major Hogan was truly born to serve. His tack. Virginia. In addition, Reverend Hall is a mem- time with the National Guard included the 19th The bill would protect children against bio- ber of Phi Beta Sigma, a Master Mason, and Special Forces Group Airborne, Commander terrorism by: a member of NAACP. of the Colorado Army National Guard, 20th Establishing a National Task Force on Chil- Reverend Hall has been the pastor of sev- Special Forces Group Airborne, and Alabama dren and Terrorism. The task force would ex- eral other churches, including the Olive Grove Army National Guard as a Detachment Com- amine and make recommendations regarding Baptist Church of Oxford, NC; Spring Street mander. On April 4, 1993 Major Hogan ac- the preparedness of our Nation’s health sys- Baptist Church of Henderson, NC; and the cepted in Army active duty appointment in the tem for mass casualties of children and youth Greenwood Baptist Church of Warrenton, NC. grade of Captain. He was a member of the resulting from bioterrorism. He was married in 1954 to Miss Beatrice Establishing a Children and Terrorism Infor- Green Berets and fought in the Persian Gulf Mabel Sellars of Vass, NC. Together he and mation Network. The network would collect War with the 1st Special Forces Group Air- Mabel have two daughters, Wanda and An- and disseminate information for health pro- borne as a Battalion Operations officer and drea. viders on how to prepare for a biological or Detachment Commander. He also served as Since Reverend Hall arrived at Pastor of the chemical terrorist attack and what steps to the Commander, Special Forces Instructor De- Bethel Baptist Church, he has been busy. take to ensure children get the health care tachment, U.S. Army Jungle Operations Train- Under his leadership, the church membership they need in the case of an attack. ing Battalion, Fort Sherman, Panama. Providing research funding on children and has greatly increased, the church has been Ultimately, Major Hogan arrived at the Pen- bioterrorism. painted and remodeled, a church paper has tagon and joined the Office of the Deputy Supporting training programs for physicians been published, a new parsonage added, a Chief of Staff for Operations and Plans in and health care personnel. station wagon purchased and a new pastor’s June 1999. His work at the Pentagon included Ensuring that the National Pharmaceutical study built. A mural also has been added over Special Operations Staff Officer in the Direc- Stockpile Program (NPSP) includes inven- the pipe organ, which was purchased by the torate of Operations, Readiness, and Mobiliza- tories to meet the medical needs of children. trustees, along with a Hammond organ pur- tion and Executive Officer for the Assistant The bill would protect our schoolchildren by: chased. In addition, to his tremendous suc- Deputy Chief of Staff for Operations and Recommending advance plans for school cess at Bethel Baptist Church, he recently, re- Plans. A committed serviceman, Major Hogan evacuations, safe places and parental notifica- ceived a divinity degree. dedicated his entire professional life to the tion. Mr. Speaker, Rev. J.W. Hall has devoted his United States Army. Ensuring mental health services for children life to educating others and his church; as On September 11, terrorists claimed the affected by terrorism and their caregivers. such he is more than worthy of receiving our lives of our friends, family and loved ones

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.060 pfrm13 PsN: E12PT1 E1868 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 from all over this nation and the world. Major The Impact Aid program is an example of that occurred on September 11. His bravery Cole Hogan was one of these loved ones. His an effective, successful partnership and on that flight was reflective of the American parents are from Macon and happen to be shared responsibility between federal, state, spirit displayed in abundance by countless personal friends of mine. My wife and I have and local governments. Therefore, we must in- Americans that day. Jason grew up in the San two children and I can’t imagine any greater crease funding to ensure that students who at- Jose community, and his parents, who were pain than that which floods ones heart upon tend federally impacted schools continue to re- the proprietors of Dahl’s Dairy Delivery, used the death of a child. My prayers are with the ceive a quality education. I urge my col- to deliver milk to Hillsdale Elementary School, Hogans during their most difficult time of grief. leagues to join me in supporting the Impact where I served as principal. In our mourning, we can’t help but question Aid program. From his childhood years, Jason had a how such a heinous act could come to fruition f strong desire to fly. His passionate devotion to on American soil. But in a time where ques- this endeavor was only matched during his tions are many and words are few, I want to TRIBUTE TO FRED R. JOHNSON OF lifetime by his devotion to his family. Jason offer my most sincere condolences to the fam- ROME, GEORGIA, OCTOBER 1, 1927 was born the youngest of five children on No- ily of Major Hogan; his wife, Air Force Major TO OCTOBER 10, 2001 vember 2, 1957, in San Jose, California, and Pat Hogan of Alexandria, VA and his parents, grew up on Haga Drive, in the house where Mr. and Mrs. Wallace C. Hogan, Sr. of Macon, HON. BOB BARR his widowed mother, Mildred, still lives. He at- GA. OF GEORGIA tended Hillsdale Middle School and In a lifetime of service that spanned half the IN THE HOUSE OF REPRESENTATIVES Sylvandale Middle School, both of which I globe, Major Hogan served from Hawaii to would eventually helm as principal. He first Thursday, October 11, 2001 Panama before coming to work at the Pen- manifested his affinity for flight during his tagon. His outstanding accomplishments have Mr. BARR of Georgia. Mr. Speaker, Rome, years at Sylvandale, where he started building not gone unnoticed as evident by the numer- Georgia has lost one of its finest citizens. radio-controlled airplanes, and would fly these ous decorations and awards earned during his Frederick Ross (Fred) Johnson, a native of planes with his friend, Roger. He then joined service. These recognitions include: The Meri- Floyd County, Georgia passed away on Octo- the Civil Air Patrol, and was soon taking flying torious Service Medal with two oak leaf clus- ber 10, 2001. Fred attended Darlington School lessons from Amelia Reid at Reid Hillview Air- ters, Army Commendation Medal with oak leaf in Rome, and was a graduate of Auburn Uni- port. He was a quick study, and was flying cluster, Army Achievement Medal with five oak versity and the Institute of Insurance Mar- solo by the youthful age of 16. During this leaf clusters, Army Reserve Components keting at SMU. early period, Jason gave his father a photo- Achievement Medal with two oak leaf clusters, Fred entered the Life Insurance Business in graph, depicting the two of them standing in Armed Forces Reserve Medal, Army Service December 1949. He quickly became known as front of a Cessna, on which Jason had written: Ribbon, Special Forces Tab, Ranger Tab, ‘‘icon’’ in the insurance industry, throughout ‘‘Maybe someday this will be a 747.’’ Scuba Diver Badge, Senior Parachutist Georgia, and nationally. As general agent, he Jason attended my alma mater, San Jose Badge, and Pathfinder Badge. developed the Rome-based Piedmont Agency State University, from 1975 to 1980, and grad- I think we have a lot to learn from Ameri- into one of the largest life insurance agencies uated with a Bachelor of Science degree in cans like Major Cole Hogan. His dedication in the country. The Piedmont Agency was Aeronautical Operations. While at San Jose and patriotism are unwavering and a standard Georgia International’s Agency of the Year for State, Jason developed close, lasting relation- we all should strive to emulate. Major Hogan an unbelievable 30 consecutive years. His ships with a group of classmates, fellow mem- will be missed, as will so many others. These brother and partner in the Piedmont Agency, bers of the ‘‘Flying Twenties’’ club, who ce- lives will not be forgotten. We must honor Bob Johnson, describes Fred as someone mented their friendships while pumping fuel at them by living on as they lived. The lives sto- who loved a challenge and was very competi- Reid Hillview Airport in order to earn money to len by terrorists so easily could’ve been our tive. According to Bob, ‘‘if the tree was the tall- rent planes and buy their own fuel. Jason sup- own. We owe it to the fallen to press on and est, he wanted to get to the top.’’ In an inter- ported himself during his college years work- take hold of all that our forefathers fought for view several months before his death, Fred ing at this job, as well as by flying advertising and dreamed we would live to enjoy. As a na- said he believed the secret to selling life insur- banners, doing aerial photo surveys, and tion, Americans have always shown strength ance, or anything else, was to get up in the teaching private flying lessons. through adversity. morning with the resolution to follow through. After graduating from college, Jason was I commend Major Hogan for his service and He was the author of, ‘‘The Secret of Selling hired by Ron Nelson Construction as a cor- I thank his family for raising up a man whose Life Insurance,’’ a training tool for agents, pub- porate pilot. A few years later, he applied to heart was to give his all for his country. His lished earlier this year by New York Life Insur- the commercial airlines, and he realized his presence will be misdeed and his legacy will ance Company. dream when he got the call from United Air- not be forgotten. Fred was a Director of the Rome Bank and lines in June 1985. He steadily moved up the f Trust Company, and a member and current ranks at United, and when he was offered the IMPACT AID trustee at First Presbyterian Church. He position of flight instructor, he accepted it. Al- served on the Board of Directors of Hand and though Jason loved to fly, working at the train- HON. J.C. WATTS, JR. Associates in Houston, Texas, and was a ing center allowed him to spend more time OF OKLAHOMA member of the Coosa Country Club. He was with his family. Balancing the demands of career and family IN THE HOUSE OF REPRESENTATIVES active in many other professional and commu- nity activities; and had a lifelong passion for is a daunting challenge, especially for a pilot, Thursday, October 11, 2001 politics. Fred Johnson was a fine family man, but family was greatly important to Jason. No Mr. WATTS of Oklahoma. Mr. Speaker, I and a true friend to all in his community, in- matter how busy his flight schedule, he always rise today in strong support of the Impact Aid cluding, thankfully, me. We will miss him. made the time for his wife, Sandy, and his program. Impact Aid remains one of the old- f children, Matt and Jennifer. est, and most critical, elementary and sec- Captain Dahl was an emblem of the Amer- ondary education programs administered by A TRIBUTE TO CAPTAIN JASON M. ican dream. He was a committed family man the Department of Education. DAHL, UNITED AIRLINES FLIGHT and a successful pilot. His heroism on the It is vital to more than 1,500 federally im- 93 morning of September 11, 2001, saved the pacted school districts and 1.5 million children lives of countless Americans in Washington, across the country who depend on the pro- HON. MICHAEL M. HONDA DC, and quite possibly many Members of gram for a quality education. This funding not OF CALIFORNIA Congress and others who work in the United only affects military children and children re- IN THE HOUSE OF REPRESENTATIVES States Capitol Building. Jason’s mother re- siding on Indian lands, but also an estimated cently told me that though she accepted his 17.5 million children who attend financially Thursday, October 11, 2001 tremendous love of flying early on, she never strapped schools due to a large federal pres- Mr. HONDA. Mr. Speaker, I rise today to could quell the concern any pilot’s mother has ence in their school districts. By increasing honor Captain Jason Matthew Dahl, the pilot for her child’s safety. She said that Jason funding, we help local school districts, which of United Airlines Flight 93, and a true Amer- would reassure her by saying that if he ever have lost tax revenue as a result of the federal ican hero. He was doing what he loved to do were to experience an airborne disaster, he presence in their district, better serve their when he lost his life along with thousands of would be sure to go down over trees or an communities. others in the horrible assault on our nation open field, and not over a populated area.

VerDate 112000 04:52 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.064 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1869 Over the woods of western Pennsylvania on the loneliness you feel in your loss. The en- And I give you these commitments. The the morning of September 11, Captain Jason tire nation, entire nation shares in your sad- wound to this building will not be forgotten, M. Dahl kept his word. ness. And we pray for you and your loved but it will be repaired. Brick by brick, we ones. And we will always honor their mem- will quickly rebuild the Pentagon. (Ap- f ory. plause.) In the missions ahead for the mili- ‘‘UNITED IN MEMORY’’ MEMORIAL The hijackers were instruments of evil who tary, you will have everything you need, SERVICE died in vain. Behind them is a cult of evil every resource, every weapon—(applause)— which seeks to harm the innocent and every means to assure full victory for the thrives on human suffering. Theirs is the United States and the cause of freedom. (Ap- HON. SAM JOHNSON worst kind of cruelty, the cruelty that is fed, plause.) OF TEXAS not weakened, by tears. Theirs is the worst And I pledge to you that America will IN THE HOUSE OF REPRESENTATIVES kind of violence, pure malice, while daring never relent on this war against terror. (Ap- to claim the authority of God. We cannot plause.) There will be times of swift, dra- Thursday, October 11, 2001 fully understand the designs and power of matic action. There will be times of steady, Mr. SAM JOHNSON of Texas. Mr. Speaker, evil. It is enough to know that evil, like quiet progress. Over time, with patience and one month ago, the most lethal terrorist attack goodness, exists. And in the terrorists, evil precision, the terrorists will be pursued. in history was visited upon this Nation. Today, has found a willing servant. They will be isolated, surrounded, cornered, about 25,000 people attended the Department In New York, the terrorists chose as their until there is no place to run, or hide, or target a symbol of America’s freedom and rest. (Applause.) of Defense’s ‘‘United in Memory’’ memorial confidence. Here, they struck a symbol of As military and civilian personnel in the service to celebrate the lives and mourn the our strength in the world. And the attack on Pentagon, you are an important part of the loss of the people claimed in this attack. Mem- the Pentagon, on that day, was more sym- struggle we have entered. You know the bers of the Cabinet and Congress joined the bolic than they knew. It was on another Sep- risks of your calling, and you have willingly public on the grounds of the Pentagon ‘‘to tember 11th—September 11th, 1941—that con- accepted them. You believe in our country, console and pray’’ with the families of the vic- struction on this building first began. Amer- and our country believes in you. (Applause.) Within sight of this building is Arlington tims and, as Secretary Rumsfeld said, ‘‘re- ica was just then awakening to another men- ace: The Nazi terror in Europe. Cemetery, the final resting place of many member them as believers in the heroic ideal And on that very night, President Franklin thousands who died for our country over the for which this Nation stands and for which this Roosevelt spoke to the nation. The danger, generations. Enemies of America have now building exists.’’ he warned, has long ceased to be a mere pos- added to these graves, and they wish to add The President, Secretary of Defense, and sibility. The danger is here now. Not only more. Unlike our enemies, we value every Chairman of the Joint Chiefs of Staff all spoke from a military enemy, but from an enemy life, and we mourn every loss. of the loss we suffered on September 11 and of all law, all liberty, all morality, all reli- Yet we’re not afraid. Our cause is just, and the resolve that it has spawned. In the words gion. worthy of sacrifice. Our nation is strong of heart, firm of purpose. Inspired by all the of President Bush, ‘‘Brick by brick we will For us too, in the year 2001, an enemy has emerged that rejects every limit of law, mo- courage that has come before, we will meet quickly rebuild the Pentagon. In the missions rality, and religion. The terrorists have no our moment and we will prevail. (Applause.) ahead for the military you will have everything true home in any country, or culture, or May God bless you all, and may God bless you need, every resource, every weapon, faith. They dwell in dark corners of earth. America. (Applause.) every means to assure full victory for the And there, we will find them. United States and the cause of freedom.’’ This week, I have called—(applause)—this MEMORIAL SERVICE IN REMEMBRANCE OF I’d like to insert the following remarks into week, I have called the Armed Forces into THOSE LOST ON SEPTEMBER 11TH the RECORD so that they may forever pay trib- action. One by one, we are eliminating power REMARKS BY SECRETARY OF DEFENSE DONALD ute to those affected by terror on September centers of a regime that harbors al Qaeda H. RUMSFELD 11th. terrorists. We gave that regime a choice: We are gathered here because of what hap- Turn over the terrorists, or face your ruin. pened here on September 11th. Events that PRESIDENT PAYS TRIBUTE AT PENTAGON They chose unwisely. (Applause.) bring to mind tragedy—but also our grati- MEMORIAL The Taliban regime has brought nothing tude to those who came to assist that day but fear and misery to the people of Afghani- The President. Please be seated. President and afterwards, those we saw at the Pen- stan. These rulers call themselves holy men, and Senator Clinton, thank you all for being tagon site everyday—the guards, police, fire even with their record of drawing money here. We have come here to pay our respects and rescue workers, the Defense Protective from heroin trafficking. They consider them- to 125 men and women who died in the serv- service, hospitals, Red Cross, family center selves pious and devout, while subjecting ice of America. We also remember 64 pas- professionals and volunteers and many oth- sengers on a hijacked plane; those men and women to fierce brutality. The Taliban has allied itself with mur- ers. women, boys and girls who fell into the And yet our reason for being here today is derers and gave them shelter. But today, for hands of evildoers, and also died here exactly something else. one month ago. al Qaeda and the Taliban, there is no shelter. We are gathered here to remember, to con- On September 11th, great sorrow came to (Applause.) As Americans did 60 years ago, sole and to pray. our country. And from that sorrow has come we have entered a struggle of uncertain du- To remember comrades and colleagues, great resolve. Today, we are a nation awak- ration. But now, as then, we can be certain friends and family members—those lost to us ened to the evil of terrorism, and determined of the outcome, because we have a number of on Sept. 11th. to destroy it. That work began the moment decisive assets. We remember them as heroes. And we are we were attacked; and it will continue until We have a unified country. We have the pa- right to do so. They died because—in words justice is delivered. tience to fight and win on many fronts: of justification offered by their attackers— Americans are returning, as we must, to Blocking terrorist plans, seizing their funds, they were Americans. They died, then, be- the normal pursuits of life. (Applause.) arresting their networks, disrupting their cause of how they lived—as free men and Americans are returning, as we must, to the communications, opposing their sponsors. women, proud of their freedom, proud of normal pursuits of life. But we know that if And we have one more great asset in this their country and proud of their country’s you lost a son or daughter here, or a hus- cause: The brave men and women of the cause—the cause of human freedom. band, or a wife, or a mom or dad, life will United States military. (Applause.) And they died for another reason—the sim- never again be as it was. The loss was sud- From my first days in this office, I have ple fact they worked here in this building— den, and hard, and permanent. So difficult to felt and seen the strong spirit of the Armed the Pentagon. explain. So difficult to accept. Forces. I saw it at Fort Stewart, Georgia, It is seen as a place of power, the locus of Three schoolchildren traveling with their when I first reviewed our troops as Com- command for what has been called the great- teacher. An Army general. A budget analyst mander-in-Chief, and looked into the faces of est accumulation of military might in his- who reported to work here for 30 years. A proud and determined soldiers. I saw it in tory. And yet a might used far differently lieutenant commander in the Naval Reserve Annapolis on a graduation day, at Camp than the long course of history has usually who left behind a wife, a four-year-old son, Pendleton in California, Camp Bondsteel in known. and another child on the way. Kosovo. And I have seen this spirit at the In the last century, this building existed to One life touches so many others. One death Pentagon, before and after the attack on this oppose two totalitarian regimes that sought can leave sorrow that seems almost unbear- building. to oppress and to rule other nations. And it able. But to all of you who lost someone You’ve responded to a great emergency is no exaggeration of historical judgment to here, I want to say: You are not alone. The with calm and courage. And for that, your say that without this building, and those American people will never forget the cru- country honors you. A Commander-in-Chief who worked here, those two regimes would elty that was done here and in New York, must know, must know that he can count on not have been stopped or thwarted in their and in the sky over Pennsylvania. the skill and readiness of servicemen and oppression of countless millions. We will never forget all the innocent peo- women at every point in the chain of com- But just as those regimes sought to rule ple killed by the hatred of a few. We know mand. You have given me that confidence. and oppress, others in this century seek to

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A11OC8.067 pfrm13 PsN: E12PT1 E1870 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 do the same by corrupting a noble religion. A Marine chaplain, in trying to explain the oath of office. Sergeant Goodwill is with Our President has been right to see the simi- why there could be no human explanation for us today. larity—and to say that the fault, the evil is a tragedy such as this, said once: ‘‘You would The heroes kept coming in the days fol- the same. It is the will to power, the urge to think it would break the heart of God.’’ lowing the 11th—individual volunteers, both dominion over others, to the point of op- We stand today in the midst of tragedy— civilian and military; firefighters; police of- pressing them, even to taking thousands of the mystery of tragedy. Yet a mystery that ficers; and civil and military rescue units innocent lives—or more. And that this op- is part of that larger awe and wonder that working on the site. Other Americans helped pression makes the terrorist a believer—not causes us to bow our heads in faith and say too, as General Van Alstyne said, with dona- in the theology of God, but the theology of of those we mourn, those we have lost, the tions of equipment, supplies, and food; let- self—and in the whispered words of tempta- words of scripture: ‘‘Lord now let Thy serv- ters and posters from school children; and tion: ‘‘Ye shall be as Gods.’’ ants go in peace, Thy word has been ful- American flags everywhere. In targeting this place, then, and those filled.’’ Today, we mourn our losses, but we should who worked here, the attackers, the To the families and friends of our fallen also celebrate the spirit of the heroes of 11 evildoers correctly sensed that the opposite colleagues and comrades we extend today September, both living and dead, and the he- of all they were, and stood for, resided here. our deepest sympathy and condolences—and roic spirit that remains at the core of our Those who worked here—those who on those of the American people. great Nation. This is what our enemies do Sept. 11 died here—whether civilians or in We pray that God will give some share of not understand. They can knock us off stride uniform—side by side they sought not to the peace that now belongs to those we lost, for a moment or two. But then, we will gath- rule, but to serve. They sought not to op- to those who knew and loved them in this er ourselves with an unmatched unity of pur- press, but to liberate. They worked not to life. pose and will rise to defend the ideals that take lives, but to protect them. And they But as we grieve together we are also make this country a beacon of hope around tried not to preempt God, but see to it His thankful—thankful for their lives, thankful the world. creatures lived as He intended—in the light for the time we had with them. And proud In speaking of those ideals, John Quincy and dignity of human freedom. too—as proud as they were—that they lived Adams once said, ‘‘I am well aware of the Our first task then is to remember the fall- their lives as Americans. toil and blood and treasure that it will cost en as they were—as they would have wanted We are mindful too—and resolute that to . . . support and defend these states; yet, to be remembered—living in freedom, blessed their deaths, like their lives, shall have through all the gloom I can see the rays of by it, proud of it and willing—like so many meaning. And that the birthright of human light and glory.’’ The light and glory of our others before them, and like so many today, freedom—a birthright that was theirs as ideals remain within our grasp. That’s what to die for it. Americans and for which they died—will al- our heroes died for. And to remember them as believers in the ways be ours and our children’s. And through Some of them—the uniformed military heroic ideal for which this nation stands and our efforts and example, one day, the birth- members—made the commitment to fight for, and if necessary, to die for our country for which this building exists—the ideal of right of every man, woman, and child on from the beginnings of their careers. Our ci- service to country and to others. earth. Beyond all this, their deaths remind us of vilian DOD employees had chosen to serve in a new kind of evil, the evil of a threat and a different way but are now bound to their menace to which this nation and the world PENTAGON MEMORIAL SERVICE uniformed comrades in the same sacrifice. has now fully awakened, because of them. REMARKS BY GENERAL RICHARD B. MYERS, Other victims, employees of contractors and In causing this awakening, then, the ter- USAF, CHAIRMAN OF THE JOINT CHIEFS OF the passengers and crew of the airliner, were rorists have assured their own destruction. STAFF innocents—casualties of a war not of their And those we mourn today, have, in the mo- Ladies and gentlemen, Today we remember choosing. ment of their death, assured their own tri- family members, friends, and colleagues lost But if by some miracle, we were able to umph over hate and fear. For out of this act in the barbaric attack on the Pentagon—ci- ask all of them today whether a Nation and of terror—and the awakening it brings—here vilian and military Pentagon employees, the government such as ours is worth their sac- and across the globe—will surely come a vic- contractors who support us, and the pas- rifices; if we were able to ask them today tory over terrorism. A victory that one day whether that light and glory is worth future may save millions from the harm of weapons senger and crew of Flight 77. We also grieve with the rest of America and the world for sacrifices; the answer, surely, would be a re- of mass destruction. And this victory—their sounding ‘‘yes.’’ The terrorists who per- victory—we pledge today. those killed in New York City and Pennsyl- vania. We gather to comfort each other and petrated this violence should know that But it we gather here to remember them— there are millions more American patriots we are also here to console those who shared to honor the dead. Our DOD colleagues working in the Pen- who echo that resounding yes. their lives, those who loved them. And yet, We who defend this Nation say to those tagon that day would insist that they were the irony is that those whom we have come who threaten us—here we stand—resolute in only doing their jobs. But we know better. to console have given us the best of all con- our allegiance to the Constitution; united in We know, and they knew, that they were solations, by reminding us not only of the our service to the American people and the serving their country. And suddenly, on 11 meaning of the deaths, but of the lives of preservation of our way of life; undaunted in September they were called to make the ul- their loved ones. our devotion to duty and honor. ‘‘He was a hero long before the eleventh of timate sacrifice. For that, we call them he- We remember the dead. We call them he- September,’’ said a friend of one of those we roes. roes, not because they died, but because they We honor the heroism of defending our Na- have lost—‘‘a hero every single day, a hero lived in service to the greater good. We know tion. We honor the heroism of taking an oath to his family, to his friends and to his profes- that’s small comfort to those who have lost to support the Constitution. We honor the sional peers.’’ family members and dear friends. To you, heroism of standing ready to serve the great- A veteran of the Gulf War—hardworking, this tragedy is very personal, and our er good of our society. who showed up at the Pentagon at 3:30 in the thoughts and our prayers are with you. We That same heroism was on display at the morning, and then headed home in the after- will never forget the sacrifices of your loved Pentagon in the aftermath of the attack. Co- noon to be with his children—all of whom he ones. loved dearly, but one of whom he gave very workers, firefighters, police officers, med- We ask God to bless and keep them. We special care, because she needs very special ics—even private citizens driving past on the pray for their families, and we also pray for care and love. highway—all rushed to help and put them- wisdom and courage as we face the many About him and those who served with him, selves in grave danger to rescue survivors challenges to come. And may God bless his wife said: ‘‘It’s not just when a plane hits and treat the injured. America. their building. They are heroes every day.’’ One of them, who I had a chance to meet ‘‘Heroes every day.’’ We are here to affirm recently, was Army Sergeant Adis Goodwill, f that. And to do this on behalf of America. a young emergency medical technician. She And also to say to those who mourn, who drove the first ambulance from Walter Reed TO HONOR MR. FRANK RIVERA have lost loved ones: Know that the heart of Army Hospital to arrive at the scene. AND ALT INC. AS A RECIPIENT America is here today, and that it speaks to Sergeant Goodwill spent long hours treat- OF THE NATIONAL MINORITY each one of you words of sympathy, consola- ing the wounded—simply doing her duty—all SERVICE FIRM OF THE YEAR tion, compassion and love. All the love that the while not knowing, and worrying about, the heart of America—and a great heart it the fate of her sister, Lia, who worked in the SPEECH OF is—can muster. World Trade Center. She would eventually Watching and listening today, Americans learn that Lia was OK. HON. ED PASTOR everywhere are saying: I wish I could be Prior to 11 September, Sergeant Goodwill OF ARIZONA there to tell them how sorry we are, how hadn’t decided whether to reenlist in the IN THE HOUSE OF REPRESENTATIVES much we grieve for them. And to tell them Army or not. After the tragic events of that Tuesday, October 9, 2001 too, how thankful we are for those they day, her course was clear. And three weeks loved, and that we will remember them, and ago, I had the privilege of reenlisting her. Mr. PASTOR. Mr. Speaker, I rise before you recall always the meaning of their deaths With tears of pride in their eyes, her family, today to draw attention to one of my constitu- and their lives. including her sister Lia, watched her take ents, Mr. Frank Rivera, and his business, ATL,

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.070 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1871 Inc., which recently was selected to receive mittee. He also is a member of the Board of most important mission and place for us to be, the National Minority Service Firm of the Year Directors of the Hispanic Contractors of Amer- when the House was not in session, was at Award by the U.S. Department of Commerce’s ica and the Valley of the Sun YMCA. In addi- the NATO Parliamentary Assembly meeting. Minority Business Development Agency. Mr. tion, he is a member of the Grand Canyon Mi- As it turned out, this was undoubtedly one of Rivera was presented with this award in Sep- nority Supplier Development Council, Amer- the most poignant and important Assembly tember during the 19th Annual National Minor- ican Society of Professional Estimators, Soci- meetings in the 47 year history of this organi- ity Enterprise Development Week Conference. ety of American Military Engineers, American zation, which is the linchpin of parliamentary Mr. Rivera, President and CEO of ATL, Inc., Welding Society, American Society for Non- support for the most effective multilateral de- was selected to receive this honor because of destructive Testing and the Arizona State Uni- fense alliance in the history of the world. his achievements and the role he has played versity Industry Advisory Council. Mr. Speaker, we were especially pleased to further the progress of minority business As you can tell Mr. Speaker, this award be- that on your initiative you offered to come to development. This award is a great honor, as stowed on Mr. Rivera and his company was address the NATO Parliamentary Assembly Mr. Rivera competed with 32 nominees from earned through hard work and is well de- and deliver a written message from President nine states. He then was selected from a pool served. I ask you and my colleagues to join George W. Bush. that initiative was rapidly of regional winners from around the country me in congratulating Mr. Frank Rivera and and enthusiastically welcomed with a formal for the National Minority Service Firm of the ATL, Inc. invitation. This is an exceedingly rare cir- Year Award. f cumstance when the top elected leader of a Minority Enterprise Development Week is an NATO country, not the host country, address- annual national celebration in recognition of REPORT ON THE 2001 OTTAWA es the Assembly. Thus we were very pleased the contributions made by minority businesses MEETING OF THE NATO PAR- and honored that you traveled on the weekend to the nation’s economy. It is the largest feder- LIAMENTARY ASSEMBLY from your Illinois home to, a New York City ally-sponsored activity held on behalf of minor- event related to the recovery of that city, to ity business development and attracts the par- HON. DOUG BEREUTER Ottawa for your speech to the Plenary Ses- ticipation of both public and private sector offi- OF NEBRASKA sion. There along with the addresses of Cana- cials. IN THE HOUSE OF REPRESENTATIVES dian Prime Minister Jean Chretien; Lord Rob- To give you some background on Mr. Ri- ertson of Port Ellen, the Secretary General of Thursday, October 11, 2001 vera, he was born in 1944 in a small mining NATO, and Ambassador Marc Grossman, community of Globe, Arizona. The community Mr. BEREUTER. Mr. Speaker, as you know, U.S. Under-Secretary of State for Political Af- at that time was segregated with the Cauca- this Member led the House delegation of 13 fairs, you set the proper tone for the Assembly sian land owners living on one side of town Members of the House of Representatives to deliberations and the legislative and executive and the Hispanic mine workers living on the the major annual meeting of the NATO Par- actions that will follow around NATO nations other side. Frank’s father worked hard in the liamentary Assembly held in Ottawa, Canada, and other countries. The great response to copper mines and the local utility company so during October 5–9, 2001. In addition, to the your speech, to your meetings with the gov- Frank could have better opportunities for his usual variety of important issues involving ernmental leaders of Canada, and to your sin- life. The senior Mr. Rivera wanted the young NATO and the national legislative bodies of cere expressions of gratitude to the Canadian Mr. Rivera to have career options and knew the NATO-member countries and those of as- people for their extraordinary support and out- that only an excellent education could provide sociate member countries of this Parliamen- pouring of sympathy, condolences, and soli- his son with the opportunities he never had. tary Assembly, such as America’s missile de- darity after the horrendous terrorist attack on Mr. Rivera’s mother, a homemaker, instilled fense program, NATO involvement in the Bal- America, were so obviously appreciated. Your his religious roots and an appreciation for his kans, NATO expansion plans, and the Euro- presence helped us under-gird the sense of Hispanic culture into her son and gave him his pean Security and Defense Program, this NATO and broader international support for religious roots. meeting was understandably pre-occupied by the war against terrorism which our country In 1968, the young Mr. Rivera graduated the American war against terrorism after the will lead. from Arizona State University with a Bach- tragic events of September 11th at the World Mr. Speaker, for the benefit of all our col- elor’s of Science degree in construction man- Trade Center in New York City, at the Pen- leagues, I am including a copy of your speech agement. He would then go on to amass ex- tagon, and at the crash site of a hijacked air- to the Parliamentary Assembly, the message perience working for various construction liner in a Pennsylvania field. of President Bush to the Delegates, and the firms. In March 1988, Mr. Rivera accepted a Clearly, the most important signal of inter- statement of this Member, the Chairman of the position at ATL, Inc., overseeing material test- national support for our war against terrorism U.S. House delegation, who was privileged to ing and inspection for a light rail project with was the unprecedented invocation of Article 5 follow you to the podium to speak for the the Los Angeles Metropolitan Transit Author- of the NATO Treaty by the North Atlantic American delegation. ity. Upon completion of this assignment, Frank Council for the 19 member nations. It is a for- STATEMENT BY THE SPEAKER OF THE U.S. Rivera was offered the opportunity to pur- mal recognition by NATO that a foreign attack HOUSE OF REPRESENTATIVES J. DENNIS chase ATL, Inc. He marshaled his resources on the United States is regarded as an attack HASTERT TO THE NATO PARLIAMENTARY AS- and in October of 1992, Frank and his partner on all the NATO members and thus it puts in SEMBLY, OCTOBER 9, 2001, OTTAWA, CANADA David Hayes purchased ATL, Inc. place the resources for collective action upon Mr. President, thank you for allowing me Mr. Rivera had a vision for ATL, Inc. He request. It was not surprising, therefore, that to address this body today. It is a great wanted to make it the best materials testing the degree of solidarity by all of the NATO honor for me and I thank you for this cour- members delegations and those of the Par- tesy. and geotechnical-engineering consultant in the Mr. President, on September 11, 2001, a state. Under his direction, he took the liamentary Assembly observer countries and sworn enemy—an enemy that dares not con- $800,000 annual business and grew it into a associate member nations, including the Rus- front us in the open—attacked us in the multi-million dollar firm. ATL’s annual sales sian Federation, was very positive. Indeed it most cowardly fashion—by targeting inno- now top $4 million and will exceed $5 million was overwhelmingly apparent, with a sense of cent citizens. And make no mistake; it was annually within the next two years. Since unity, commitment, and pledges and action on not just an attack on America, it was an at- 1992, it has grown to employ 57 people and cooperation that were evident in every ideo- tack on all of us. It was an attack on the val- currently is seeking more qualified engineers logical or partisan element of the Parliamen- ues of freedom and democracy that are em- tary Assembly. bodied in each of the Parliaments rep- and technicians. resented in this Assembly. In addition to the success he has experi- Our delegation went to Ottawa with the ex- This enemy operates in the shadows, hates ence with ATL, Mr. Rivera has become a well- pressed purpose of assessing that solidarity; with an unnatural passion, and practices po- respected leader who has volunteered for nu- reinforcing it, if necessary; responding to in- litical fanaticism that glorifies violent death merous roles on various organizations. He is quiries; and expressing our gratitude to our and condemns innocent life. a Commissioner on the City of Phoenix NATO partners and especially to the host These terrorists are cowards who flout Human Relations Commission and also Chairs country of Canada for their solidarity with us in international law and any standard of com- mon decency. They hate freedom. But they its Business Development Committee. He is this war and assistance to us in the aftermath also misunderstand something very funda- Chairman of the Associated Minority Contrac- of the horrific terrorist attack. We, the House mental. As my colleague the Minority Lead- tors of America, Vice Chair of the Board of Di- delegation, believed and are now even more er Mr. Gephardt said so clearly: and I quote rectors for the Arizona Hispanic Chamber of convinced that, during this past weekend, ‘‘They think freedom is our vulnerability.— Commerce and Chairs its Public Policy Com- when the House was not in active session, the It is our strength.’’

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A11OC8.075 pfrm13 PsN: E12PT1 E1872 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 Some say that America cannot serve as the resented in this room, have moved our hearts We as parliamentarians must enact or world’s policeman. Frankly, it is a role that and given strength to the American people. modify laws that enhance law enforcement Americans as peace loving people tend to shy Much has been written about America’s cooperation. We must strengthen inter- away from. But the people of the United willingness to stand with its European national financial safeguards, improve air- States are resolved—more resolved than I neighbors during and after World War II. I line and airport security, and broaden immi- have ever seen them in my lifetime—to carry assure you, as the history of this new war— gration information and intelligence shar- whatever burden is necessary to rid our the war on terrorism—is written, the first ing. world of the evil that threatens our demo- chapter will be dedicated to you—our NATO Together, we must enact statutes that cratic way of life. allies—and others around the world—who allow us to bring justice to the terrorists True, the burden is heavy, but our strength stood tall in support of America. now operating a web of hate around the as an alliance is mighty. And our cause is Let me also tell you that Americans know world. being joined by freedom loving nations that other nations, too, are crying out in around the world—even by those who tradi- pain. For the terrorists did not simply at- These are difficult, complicated issues but tionally have not been our allies at all. To- tack America that day, they assaulted the we know how to sort them out. Writing laws gether we must enforce the rules of common world. is our profession—and we are good at it. But decency; together we must take the steps Citizens from more than sixty nations per- we must not get bogged down in indecision necessary to protect our citizens from these ished. Among the dead are hundreds of Brit- and let the perfect become the enemy of the lawless and evil bandits. ons, Turks, Germans and Canadians. Gone good. We must not become complacent or And so the campaign has begun. Some of it too are Danes, Belgians, Italians, Spaniards, allow ourselves to be distracted by other ur- quietly and some, as it began on Sunday, Portuguese, Irish, Czechs and others. gent needs. We simply need to get the job with military action, as American and Brit- Clearly the attack on America was not an done or the horror that visited my nation on ish forces hit terrorist camps and Taliban attack against one, it was an attack against September 11 will be repeated, perhaps in strongholds. all. your nation. Let there be no mistake, no uncertainty in And let me hasten to add that this utterly And, equally important, our Parliaments the minds of those who wish us harm—you evil act did not differentiate among reli- must continue to protect the freedoms and will be found, you will be punished and your gions. Alongside Christians, Sikhs, and Jews, liberties that each of our nations hold sa- roots will be destroyed so those who share the terrorists killed Muslims from Pakistan; cred. your demonic views cannot rise again. Indonesia, Bangladesh, America, and many While the grim images from New York and other nations. Only moments after granting our Presi- Washington and a field in Pennsylvania will My fellow Parliamentarians, President dent the authority to employ military force forever be seared in our minds, I am heart- Bush told America and the world, we ‘‘should against those responsible for the events of ened by the support we’ve received in the not expect one battle, but a lengthy cam- September 11, the United States House of days following these attacks. paign, unlike any other we have ever seen. It Representatives took up a resolution calling Within 48 hours, my office had received let- may include dramatic strikes, visible on for tolerance toward Muslims, toward Arabs, ters of condolence and support from govern- T.V., and covert operations, secret even in and toward others in America who might be ments and parliaments worldwide, including success.’’ unjustly treated based upon the acts of these governments from every nation represented Less important in this unconventional war few extremists. in this room. will be your governments’ commitments of The civilized and free world must do as My fellow parliamentarians, on behalf of infantry battalions, of naval vessels, or of much to embody the principles we proclaim, the United States Congress, and all Ameri- fighter aircraft—although some will be need- as we do to protect them. cans, I come before you to say thank you. ed. Each of us who serves in a Parliament Mr. President, I bring with me a personal Thank you for your condolences. Thank you must rethink our level of defense, security for your solidarity. And thank you for your message to this Assembly from the President and intelligence expenditures. It can no of the United States in support of your reso- enduring support. longer be business as usual. I want to mention a special word of thanks lution and to express appreciation to the na- As President Bush and the other NATO to America’s northern neighbor and our tions assembled here ‘‘for the sympathy ex- heads of state join in solidarity, so too must hosts here today: Canada. More than 100,000 pressed and the support offered by your gov- we, as parliamentarians, continue to stand Canadians gathered in this city just days ernments and by your people.’’ We will dis- together. The events of September 11 remind after the attack to express solidarity, in the tribute that message to the delegations in us that there is so much that binds us, and words of the Prime Minister, ‘‘as friends, as writing. It says in part: and I quote ‘‘to our so little that can divide us. Allies, our partners, and our friends around neighbors and as family.’’ And in the spirit In the days after the attacks, the United the world, I want to emphasize that we wel- of family, the Canadian people welcomed States Congress convened for a solemn de- come all nations into an international coali- some 45,000 Americans who found themselves bate authorize our President to use ‘‘all nec- tion committed to finding, stopping, and de- here. In many instances Canadians spontane- essary and appropriate force’’ to respond to feating terrorism. The choice is clear, and ously drove to airports and took stranded the attacks and to deter future ones. all must choose. . . . Our cause is just and passengers into their homes. We approved a massive emergency spend- At the other end of this great country two our cause is justice itself. . . . We ask for ing package to begin rebuilding what the ter- Vancouver police officers collected thou- your support for this resolution and for this rorists destroyed; to lend assistance for our sands of dollars for the families of police of- endeavor’’ unquote. troubled economy; and to buttress our mili- ficers who died in the attack—and offered tary and intelligence efforts. When I hear President Bush speak of our each donor a sticker with the Statute of Lib- And while the NATO heads of state con- cause as ‘‘justice itself,’’ I am reminded of erty, and American flag and the words, duct the appropriate diplomatic, political, the words of one of his predecessors, from my ‘‘Never Forget.’’ and military response to these attacks, we— own home State of Illinois, the sixteenth To the Canadian delegation I say thank as legislators—can and must work in tandem President of the United States, Abraham you. You gave us shelter, you gave us com- to fight these terrorists. Lincoln. Although he was speaking almost fort, and you gave us hope. No nation could Much as we yearn to return to life as we 150 years ago, his words still ring true today have a finer neighbor than America has in knew it before September 11, we cannot, be- as we struggle to preserve for the future our Canada, and that is something we will cause the threat is still real—and it will be sacred values. Abraham Lincoln said, ‘‘let all ‘‘Never Forget.’’ for sometime to come. As President Roo- Americans—let all lovers of liberty every- Today, four weeks after these horrific acts, sevelt said after the other great attack on where—join in the great and good work. If this massive outpouring of sympathy and American soil nearly 60 years ago, ‘‘Hos- we do this . . . succeeding millions of free, fraternity continues to overwhelm. I recall tilities exist. There is no blinking at the fact happy people, the world over, shall rise up, vividly: British Prime Minister Tony Blair crossing that our people, our territory and our inter- and call us blessed . . .’’ the ocean to stand with us in solidarity dur- ests are in grave danger.’’ Mr. President, as an alliance—as a World ing a rare joint session of the United States I am aware that during these deliberations Community—we have been awakened to a Congress; and at previous sessions, you have debated new and horrible threat. But we are strong. Tens of thousands of German citizens as- the complex issue of missile defense. As we And we are determined. Even as we pray for semble at the Brandenburg Gate waving say in America, let me put in my two cents. our young men and women who we have put American flags; Can there be any doubt that we must to- in harms way, we are confident of their skill Poles lighting candles outside the Amer- gether work to develop and deploy defenses in battle, their patriotism, and their willing- ican embassy in Warsaw; against all forms of attack? For if these ter- ness to sacrifice. And in my ancestral home of Osweiler, rorists could plan and execute the sinister Luxembourg each of the 139 families who re- acts of September 11, surely, if given the ca- None of us can predict the future but of side in that tiny village flew the American pability, they would not hesitate to launch one thing I am certain. We in America, and flag on their homes—a village awash in red, missiles against our cities as well. They we in this proud Alliance, will continue to white and blue. killed six thousand—they targeted fifty pursue freedom, democracy and peace, and These act of kindness and solidarity—and thousand—why would they hesitate to kill we—not the terrorists—will be the victors. the thousands of others in every nation rep- millions? I thank you.

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A MESSAGE TO THE DELEGATES OF THE NATO of those towers. We can only imagine, and in the Middle East or elsewhere, will not pla- PARLIAMENTARY ASSEMBLY FROM THE involuntarily shudder with anguish, at the cate these terrorists. For, at the heart of PRESIDENT OF THE UNITED STATES, OCTOBER terrible choice that caused perhaps a score of this matter is the fact they hate—they are 9, 2001, OTTAWA, CANADA people to leap to their deaths from the upper fundamentally threatened by—the freedoms Distinguished representatives of the NATO floors of those towers. We can only attempt the countries of this Assembly hold dear. Parliamentary Assembly, you come together to grasp the terror of the brutalized pas- They are threatened by our freedom of today in mourning but with renewed convic- sengers in the four doomed commercial air- speech, freedom of religion, freedom of as- tion to act together in fighting the scourge liners that were hijacked. This attack on sembly, freedom to pursue a desired course of terrorism. The heinous events of Sep- America was tantamount to an attack on in life, and our democratic form of govern- tember 11 represent an attack not only on the world and on civilization. Among the ment. the territory of one member of this Alliance more than 6,000 people who perished were the Members of the Assembly, one thing is or on the citizens of many but on the funda- citizens of nearly eighty other countries. very clear to me. Perhaps every Member of mental values that all civilized societies Most of you here today lost some of your U.S. Congress now realizes, and the Amer- hold dear. countrymen, and for some the toll reaches ican people increasing understand, that to You come together today in an agreement. into the hundreds. effectively protect ourselves from terrorism, The resolution before you recognizes that I can assure you that America greatly ap- and to win the war against terrorism, we terrorism is a new enemy but a common preciates your incredible outpouring of sym- must have international cooperation in our enemy. To confront this threat NATO will pathy and concern, and we return it in kind. intelligence and law enforcement. That co- adjust its tactics as required to accomplish We also appreciate the generous and crucial operation must be broad-scale and effective. support for our people and our government— the coalition’s strategic objective. We will It must involved as many countries of the expressed by hundreds of thousands of your cooperate in the new areas to uphold the civilized world as possible. Certainly it must citizens and your governments. In simple, true intent of the Alliance: the preservation include all NATO countries and those na- heartfelt, and generous ways you have reas- of freedom. With the historic invocation of tions which aspire to NATO membership. We sured us. You have made the very crucial Article 5 on September 12, NATO members need full Russian involvement and that of commitments that will enable us, together, proclaimed their resolve to act. the important nations of Asia, the Middle And act we shall. With this resolution as a community of nations, to win the bat- East, North Africa, and key nations around today, we can underscore our intention to tles ahead and the war against terrorism. the world. President George W. Bush addressed us in take action on all fronts and by any and all Americans are enormously grateful and a Joint Session of Congress nine days after means at our disposal. Those actions are al- buoyed by the early decision of our NATO al- the attack. He spoke to the American peo- ready underway. lies, in unprecedented action, to invoke Arti- ple—indeed to the world—and proclaimed To our Allies, our partners, and our friends cle 5 of the NATO Charter. This is the most that ‘‘the entire world has seen for itself the around the world, I want to emphasize that important signal possible that the inter- state of the [American] Union—and it is we welcome all nations into an international national community will stand beside the strong.’’ We mourned our dead, and lauded coalition committed to finding, stopping, United States in our fight against terrorism. the heroism of the policemen, firemen, and and defeating terrorism. The choice is clear, The early expression of support by the the passengers who gave their lives to and all must choose. United Nations is also an important state- All must know, too, that we are fighting thwart the fourth airliner from reaching its ment of solidarity against terrorism. From terrorists and the states that support and target on Capitol Hill or the White House. around the world, nation’s leaders have ex- sponsor them, not the religion they pervert We absorbed the shock of massive foreign pressed their concern and condolences, and and profane. Our mission is to defend the terrorism on American soil, something too their general, and sometimes very specific, rights we hold to be universal, not deprive many of our citizens thought or naively offers of cooperation and assistance. As an others of them. hoped would never happen. As a nation we example of the kind of support we will need, Our cause is just because our cause I jus- rallied. It is no exaggeration to note that from the other side of the world we heard tice itself. there is a sense of unity and resolve—across Australia’s Prime Minister John Howard say Ladies and Gentlemen, the events of Sep- the whole country—which has not been his country would provide all the assistance tember 11 were beyond comprehension. On equaled since we were attacked at Pearl Har- needed—that Australia in his words ‘‘would behalf of the American people, let me thank bor. The patriotic fervor is palpable. The not be an 80 percent ally.’’ you for the sympathy expressed and the sup- supply of American flags in our stores was Americans note with great appreciation port offered by your governments and by exhausted, replenished and exhausted again the attendance of British Prime Minister your people, which have been beyond descrip- and again. Tony Blair at the joint session of Congress tion. These past weeks have proven what we For good reasons our President has labeled and the very strong words of support and sol- have always known: this is an Alliance of na- what lies ahead for our nation as ‘‘war’’—a idarity he has expressed on behalf of the tions, of people, and of principles. war like none that we have seen before. British people. They have begun this fight And let me give special thanks to the hosts Americans, notoriously an impatient people, against terrorism with us. Thus begins one of this assembly, the government and people have been counseled repeatedly that this will more chapter in our long and re-enforcing bi- of Canada. Our neighbors in Canada have undoubtedly be a long and trying effort. We lateral relationship. Already Canada, welcomed you here to North America to mul- have been cautioned that we must be patient France, Germany, and Australia have joined tiply the solidarity that they have shown and persistent, and that we must recoil from this military force. Others undoubtedly are with the United States since the first mo- acts of future terrorism against innocent ci- equally ready for this commitment of force. ments of the crisis. Ottawa is a uniquely fit- vilians, ever stronger, more resolute, more As we face future terrorist attacks against ting place to declare transatlantic unity in committed. We can not cower from, or com- the military and civilian populations of the this fight. promise with, this evil and extremist net- nations that enlist in this war against ter- Many have said that the world changed on work of terrorists that has corrupted the rorism, we must maintain our resolve—a full September 11. Let us say, with this resolu- precepts of the Islamic religion. We must and continuing commitment. Not all of our tion and with our continuing resolve, that it know, too, that this evil is not personified tactics in these battles against terrorism will indeed change with the defeat of inter- simply in the being of Osama bin Laden, a will work exactly as planned. Parts of our national terrorism. tendency in the media. He wasn’t mentioned populations, out of pacifism or naivete´, will We ask for your support for this resolution in the President’s address to Congress. Presi- seek, impossibly, to compromise and ration- and for this endeavor. dent Bush properly framed the task ahead by alize with these terrorists—who seek to un- saying—in his words: dermine the resolve of the international ‘‘Our war on terror begins with al-Qaida, community. That must not happen! STATEMENT BY HONORABLE DOUGLAS BEREU- but it does not end there. It will not end Since our venue is Ottawa, and we are en- TER, MEMBER OF THE UNITED STATES HOUSE until every terrorist group of global reach joying the great hospitality of Canadians, OF REPRESENTATIVES, NATO PARLIAMEN- has been found, stopped and defeated.’’ the country with which the United States, TARY ASSEMBLY, OTTAWA, CANADA, OCTO- My colleagues, I think we understand all overall, has the closest relationship, it is ap- BER 9, 2001 too well that we will never completely elimi- propriate to first say to our Canadian neigh- President Estrella, Speaker Hastert, my nate every act of terrorism when there are bors that our hearts were lifted and our con- parliamentary colleagues, and honored people willing to launch suicide attacks. fidence was strengthened even further to guests: I appreciate the privilege to address But, we must do everything possible to root have seen those 100,000 Canadians express the Assembly. My country, the United out the terrorist cells and the network of their respect, friendship, condolences, and States of America, and my countrymen, have terrorists organizations that has been al- solidarity as they gathered here at Par- been dramatically affected by the events of lowed to grow in the absence of a concerted liament Square. The hospitality, over- September 11th and the aftermath. You have international effort. We must deny them the whelming generosity, and unconditional sup- seen, and the world has seen, the absolutely financial and technical resources to harm us. port you have offered truly warms the Amer- horrific terrorist attacks on the towers of We must have increased vigilance to prevent ican heart and strengthens us immeasurably the World Trade Center in New York City such acts of terrorism and to protect each for the task ahead. and the Pentagon. Seared into our memory other. Changing our respective principles And, we are reminded again, of the time are the images of the explosion and collapse and policies, or retreating from involvement when Canadians took great risks to help

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A11OC8.080 pfrm13 PsN: E12PT1 E1874 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 stranded Americans escape from Iran. It is ons of mass destruction and missile tech- place to help our NATO countries and allies not by accident that all precedents were bro- nology to states that sponsor terrorism and to educate our citizens to their new responsi- ken to permit the Canadian embassy to be to all terrorist organizations. International bility for individual vigilance against ter- the only one built on America’s premiere export competition or individual and cor- rorism. historic avenue—Pennsylvania Avenue—be- porate profit motives absolutely cannot be In each country—our citizens and the for- tween the Capitol Building and the White an acceptable excuse for the proliferation of eign nationals among us must work to- House. such technology for terrorism. gether. Citizen vigilance must be put in prac- We know that it is not always easy for Ca- 3. The consensus for a total international tice in the entire international community. nadians to be our neighbors—there are fric- war against terrorism must not be under- Our civil liberties, our freedoms, and our tions. We sometimes take our friendship for mined by the faulty arguments we are start- ability to go on through life without fear de- granted since we have so very much in com- ing to hear from a few of the best-inten- pends upon this form of responsible and vigi- mon. We acknowledge that there are trade tioned and very humanely-oriented citizens lant citizenship. problems, a range of other minor irritations, of our respective countries. They argue that My colleagues, ladies and gentlemen, to- and we know that you have concerns, for ex- the violent terrorist attacks against the gether we will win this war against ter- ample, that some aspects of our entertain- United States have their roots in poverty. rorism. We will, we must; ultimately our ment industry are so destructive of family Poverty is one factor that may bring re- treasured freedoms, civilization and our way life and our societies. We understand that cruits to terrorist groups. However, let there of life depends upon our victory! living next to the behemoth to your south is be no doubt about it, at its heart the source not always comfortable. However, as Speak- of terrorism and the motivation of the ter- f er Hastert reminded us, both our peoples rorist leaders is a fundamental fear and ha- IN HONOR OF PATROL OFFICER have always been proud and grateful to live tred of the freedoms that are the core prin- next to the longest undefended international ciples of our democratic governments. The JIM BENEDICT border in the world. The $1.4 billion dollar a terrorists reject free and open societies, and day export-import flow across that border is democracy threatens their goals. Poverty al- HON. DENNIS J. KUCINICH unmatched in world commerce and a re- leviation and sustainable development as- OF OHIO minder of how inextricably linked our econo- sistance must, of course, be continued and mies and peoples really are. accelerated by the international community, IN THE HOUSE OF REPRESENTATIVES I’m pleased that current polling of Cana- but we categorically reject the weak-minded Friday, October 12, 2001 dians reflects a very strong recognition of efforts to create a moral equivalence be- what Americans have also concluded—that tween the free states of the North Atlantic Mr. KUCINICH. Mr. Speaker, I rise today to prevention procedures—sensitive and effi- Alliance and the terrorist assassins of al honor the achievements and dedicated service cient, but also effective, must quickly be put Qaida. of Patrol Officer Jim Benedict after his 32 in place, cooperatively, at that border. Some 4. Our governments need to be concerned, years of service to the city of Cleveland. of us in Congress have been warning that our and take all reasonable steps in concert, Officer Benedict has served as a model offi- immigration and refugee screening systems, about the legacy we leave as a result of the cer for the city of Cleveland; he has remained and especially our visa control system with- successes we will have in the war against steadfast in his convictions and principles. He in the United States, are an open invitation terrorism. First, we should have learned that to terrorism and crime. As your neighbor we must not leave vacuums that are filled by has served his city and Nation with great dig- and friend, may I frankly and simply say totalitarian, repressive regimes or groups. nity and honor, and has gained and earned that your border controls also certainly are Relatedly, the fact that in this war against the respect of his fellow man. not as strong as they should be. Our two so- terrorism we take up common cause with au- Throughout his term of service, Officer cieties are very open, with a renowned his- thoritarian regimes which have little if any Benedict has served the force and city in tory of welcoming immigrants and refugees democracy or basic freedoms and human countless capacities. His love of justice drove from around the world. We have seen this rights for their citizens is not an acceptance him to great lengths to uphold the law. very highly commendable tradition and of the status quo. Nor in any way should it Officer Benedict served the Cleveland force source of strength for both countries ex- be interpreted as a sign of NATO countries’ for 32 years. During his entire term of service ploited by the terrorist cells of al Qaida. complacency about such problems. There undoubtedly are dangerous ‘‘sleeper My colleagues, I’ve saved my last two he was called a close friend and a true public cells’’ waiting in Canada and Europe, and the points, number 5 and 6 for reason of impor- servant. His selfless service earned him the United States. They will unleash new ter- tance and emphasis as I see it. respect of all his colleagues. rorist attacks on our citizens if we don’t 5. The importance of more effective inter- Mr. Speaker, please join me in honoring and neutralize them. Neither the United States national cooperation in law enforcement and recognizing Officer Jim Benedict for 32 years nor Canada should forget the example of the related intelligence-sharing among all of the of dedicated and selfless service to the Cleve- responsible partners in the war against ter- terrorist cell living undisturbed in Montreal, land community. which sent a member across the British Co- rorism cannot possibly be over-estimated. As lumbia border to bring terror to Americans President Bush emphasized, it should be di- f rected against ‘‘every terrorist group of glob- at Los Angeles International Airport during IN HONOR OF NAOMI SOLOMON the Millennium celebration. We, as law-mak- al reach.’’ One very positive impact of such ers, and our governmental agencies in both an invigorated international effort is that it countries, have urgent work before us. We will also dramatically reduce the financial HON. ANNA G. ESHOO need to protect each other. resources and success of drug cartels and OF CALIFORNIA criminal syndicates. Carrying through on My parliamentary colleagues, permit me IN THE HOUSE OF REPRESENTATIVES to close my remarks today by very briefly this resolve will win important battles sketching out six points for consideration by against the twin scourges of drugs and orga- Friday, October 12, 2001 NATO countries and NATO aspirants. They nized crime. 6. Finally, and of fundamental importance, Ms. ESHOO. Mr. Speaker, it is with a deep are an addition to the eight measures the sense of sadness that I rise today to honor the North Atlantic Council on October 4th we must recognize that the way of life and agreed to provide to the United States, indi- the basic freedoms which we cherish, and life of Naomi Solomon, a victim of the terrorist vidually and collectively. My additional which largely define our democratic soci- attacks at the World Trade Center. points are as follows: eties, made us particularly vulnerable to ter- Naomi Solomon, beloved daughter of Her- 1. The positive comments and specific of- rorist attacks. We have seen all too clearly bert and Lottie, sister of Jed and Mark, aunt fers of support and assistance by President that terrorists can use very ordinary prac- and friend, grew up on the campus of Stanford Vladamir Putin and other high-level Russian tices, with low-tech means, inexpensively fi- University where her father was a professor nanced, to implement demonically clever officials should be highly applauded and ac- and today a Professor Emeritus of Statistics. cepted as appropriate. Surely we receive plans for unleashing terror against our citi- very favorably President Putin’s forward- zens. Therefore, our first line of defense, to Upon graduating from Henry Gunn Senior looking comments about NATO expansion. defend so many vulnerable targets, is our High School in Palo Alto, California, as class Out of the darkly tragic terrorist acts can citizenry. Every one of us must be vigilant valedictorian, she attended Stanford Univer- come recognition of the need for common to protect each other. Citizens must under- sity. concern and action against terrorism. China, stand this is a new responsibility of citizen- Naomi touched the lives of everyone who too, may recognize they have common inter- ship is an open democratic society. It must was blessed to know her. She was a talented est in this war against terror and join more be a vigilance, I emphasize, that does not de- classical pianist, an avid traveler and a suc- scend to paranoia. It must not and need not effectively in stopping the proliferation of cessful businesswoman. In her professional weapons of mass destruction and missile result in mindless discrimination. My assem- technology. bly colleagues, it was perhaps prescient that life, she worked hard and smart, and she ac- 2. The NATO countries and all developed we recently changed the name of the ‘‘Civil- complished much. In the mid-1970’s she was countries need to be totally committed to ian Affairs Committee’’ to the Committee on recruited by Bank of America where she stop the flow of critical technology for weap- the Civil Dimension of Security. What better worked for 13 years, becoming one of the very

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A11OC8.082 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1875 few female vice presidents. She then went on DEPARTMENTS OF LABOR, DEPARTMENTS OF LABOR, to work for Chase Manhattan for nine years HEALTH AND HUMAN SERVICES, HEALTH AND HUMAN SERVICES, and most recently worked for Callixa, a San AND EDUCATION, AND RELATED AND EDUCATION, AND RELATED Francisco based software company, where AGENCIES APPROPRIATIONS AGENCIES APPROPRIATIONS she was Vice President of Business Develop- ACT, 2002 ACT, 2002 ment. Naomi was attending a conference in SPEECH OF the North Tower of the World Trade Center on SPEECH OF September 11th when the terrorists viciously HON. BARBARA LEE HON. EDDIE BERNICE JOHNSON attacked our Nation. OF CALIFORNIA OF TEXAS Naomi was committed and found great joy IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES in her professional life, but her greatest devo- Thursday, October 11, 2001 Thursday, October 11, 2001 tion was to her family. No matter where she The House in Committee of the Whole The House in Committee of the Whole was in the world she always made time to call House on the State of the Union had under House on the State of the Union had under her mother every day. She loved her brother consideration the bill (H.R. 3061) making ap- consideration the bill (H.R. 3061) making ap- Jed’s children as though they were her own, propriations for the Department of Labor, propriations for the Departments of Labor, calling them several times a week just to chat. Health and Human Services, and Education, Health and Human Services, and Education, and related agencies for the fiscal year end- and related agencies for the fiscal year end- Her brother Mark and his wife recently wel- ing September 30, 2002, and for other pur- comed their first child into the world and while ing September 30, 2002, and for other pur- poses: poses: he will never know his Aunt Naomi, he has Ms. LEE. Mr. Chairman, I rise today in Ms. EDDIE BERNICE JOHNSON of Texas. been named Nathaniel after her. strong opposition to the Istook Amendment. Mr. Chairman, I rise to bring attention to the Mr. Speaker, Naomi Solomon enriched the This Amendment will increase federal need for an additional $5.1 million to the Of- lives of everyone she knew and loved. We spending for abstinence education only. It is fice of Civil Rights. grieve with her family, one of the finest fami- imperative that we continue to support not The mission of the Office for Civil Rights is lies I’ve ever known and whom I have an en- only abstinence, but comprehensive sex edu- to ensure equal access to education and to during friendship, and who I have the privilege cation as well. 82% of American parents sup- promote educational excellence throughout the of representing. port a comprehensive approach to sex edu- nation through vigorous enforcement of civil cation being taught in our schools, including rights. They serve student populations facing I ask my colleagues to join me in offering discrimination and the advocates and institu- our deepest sympathy and that of our entire birth control, safer sex and abstinence. We should not just spend taxpayer dollars tions promoting systemic solutions to civil Nation to the Solomon family. We give grati- on abstinence only programs while censoring rights problems. An important responsibility is tude for her all-too-brief life and we commend information and access to information about resolving complaints of discrimination. The Of- her into God’s hands. contraception, which prevents unwanted preg- fice for Civil Rights enforces five Federal stat- nancies, decreases abortions and prevents utes that prohibit discrimination in education f sexually transmitted diseases, including the programs and activities that receive Federal fi- nancial assistance. Discrimination on the basis TRIBUTE TO SWIFT AND COMPANY deadly HIV/AIDS virus. According to Advocates for Youth, 93% of of race, color, and national origin is prohibited Americans support teaching comprehensive by Title VI of the Civil Rights Act of 1964; sex sex education in high schools, while 84% of discrimination is prohibited by Title IX of the HON. BOB SCHAFFER Americans support sex education being taught Education Amendments of 1972; discrimina- OF COLORADO in middle/junior high schools. tion on the basis of disability is prohibited by Also, seven out of ten Americans believe Section 504 of the Rehabilitation Act of 1973; IN THE HOUSE OF REPRESENTATIVES teaching abstinence only prohibits education and age discrimination is prohibited by the Friday, October 12, 2001 on the use of condoms, preventing HIV/AIDS, Age Discrimination Act of 1975. The Depart- and other sexually transmitted diseases. ment of Justice also has delegated OCR re- Mr. SCHAFFER. Mr. Speaker, it is an honor In the United States more than 4 million sponsibility for enforcing Title 11 of the Ameri- to rise today to express gratitude and con- teens acquire a sexually transmitted disease cans with Disabilities Act of 1990. The civil gratulations to Swift & Company of Greeley, each year. The Centers for Disease Control rights laws enforced by OCR extend to all Colorado. Swift & Company is the distin- reported that almost 3000 adolescents be- state education agencies, elementary and sec- guished recipient of a major contract providing tween the ages of 13–19 had been diagnosed ondary school systems, colleges and univer- high-quality pork products to the U.S. Military. with AIDS between 1995 and 1997. sities, vocational schools, proprietary schools, We must act responsibly and not fail our state vocational rehabilitation agencies, librar- Through this contract, Swift & Company will children, parents, educators, and medical pro- ies, and museums that receive U.S. Depart- supply fresh pork products to Defense Com- fessions who oppose this amendment. ment of Education funds. missary Agency Stores in California, Arizona, Research has also shown that 75 percent of Though the Office of Civil Rights is so im- Utah, and Nevada. For this, Mr. Speaker, I the decrease in teen pregnancy between 1988 portant, the current budget does not increase congratulate the company. This exemplary and 1995 was due to improved contraceptive its funding. company was chosen by the Defense Com- use, while 25 percent was due to increased While public schools remain more integrated missary Agency out of twenty different com- abstinence. today than they were prior to the civil rights peting firms. The pork it supplies the armed Soon, I will be introducing the ‘‘Family Life movement, they are resegregating at accel- forces will be produced in Swift’s Greeley, Col- Education Act of 2001,’’ which would reform erating rates and this spells trouble for minor- orado plant. the abstinence only provision in the 1996 Wel- ity students. A recent study by The Civil Swift & Company has been a shining exam- fare Reform Act to allow states to receive Rights Project of Harvard University found that ple of what every company must strive for, money for both abstinence and comprehen- segregation within the nation’s schools has re- producing a quality product while maintaining sive sexual education, including contraception. turned. During the 1990s, classrooms grew reasonable prices and high safety standards. I Currently, states are only allowed to receive more segregated. Now, more than seventy applaud the company for its noble effort to be- this money if they teach abstinence only. percent of Black students attend schools with come a supplier of the U.S. Military. Other supporters of teaching comprehensive predominantly minority student bodies, which sex education in schools include the American is a sizable jump from sixty-three percent in As a company located in Colorado’s Fourth Medical Association, the American Academy 1980, and nearly a third of Black children at- Congressional District, Swift & Company not of Pediatrics, and the Society of Adolescent tend schools that are ninety to one hundred only makes its community proud but also Medicine. percent minority. those of its state and country. It is a true I strongly urge my colleagues to join with Mr. Chairman, this new segregation cer- honor to have such an extraordinary company me in voting no on the Istook Amendment. We tainly undermines the educational prospects of reside in Colorado and we owe it a debt of must support our young people by providing not only Black, but all American children. Now gratitude for its service. I ask the House to join them with the education necessary to prevent is not the time to allow a retrenchment of seg- me in extending wholehearted congratulations unwanted pregnancies, HIV/AIDS and other regation in education. I implore that we appro- to Swift & Company. sexually transmitted diseases. priate more funding to the Office of Civil

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.002 pfrm13 PsN: E12PT1 E1876 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 Rights in the Department of Education in order ECONOMIC STIMULUS AND Soon thereafter he was elected Parma Coun- to provide it with the tools needed to reverse WORKING FAMILIES cilman in Ward 3. In 1991, he was elected for this new found segregation. a six-year term as Clerk of Court for Parma Mr. Chairman, we cannot wait another year, HON. HILDA L. SOLIS Municipal Court and re-elected again in 1997. In addition, Mr. Vittardi had the honor of serv- five years, or ten years to appropriate addi- OF CALIFORNIA ing as President of the Northeast Ohio Munic- tional funds to the Office for Civil Rights. I be- IN THE HOUSE OF REPRESENTATIVES ipal Court Clerks Association in 1996–1997, lieve that we know more now than we did a Friday, October 12, 2001 and is currently serving as the President of the month ago the affect visible isolation and sep- Ms. SOLIS. Mr. Speaker, I rise today to State of Ohio Municipal Clerks Association. aration can have on our country. Let us not ig- speak about the urgent need to provide imme- Mr. Vittardi has obviously been a great nore the visible segregation that is going on in diate economic stimulus to this country in the asset to not only his local community, but also our education system. In an effort to leave no form of a payroll tax rebate for working fami- throughout Northeast Ohio. He has earned the child behind, I request my colleagues vote in lies. respect of his constituents, and served the favor of this amendment to address this new The United States is facing a crisis, and it public selflessly. segregation now. is not merely a security crisis. There is a visi- Mr. Speaker, please join me in honoring and ble, pressing need for economic stimulus and recognizing Mr. Martin Vittardi on his long and f worker relief. distinguished career in public service, and in We should move quickly to jumpstart the recognition of the Italian American Brother- IN RECOGNITION OF AFRICA WEEK economy by putting money into the hands of hood Club’s 2001 Awards. AND THE AFRICAN CULTURAL the tax paying lower wage workers that are EXCHANGE more likely to spend it immediately. f My bill, the Working Families Tax Rebate Act will do just that. HONORING CADENCE DESIGN SYS- HON. KEN BENTSEN This bill will provide an immediate payroll TEMS ON THE OCCASION OF THE tax rebate of up to $300 to people who didn’t NINTH STARS AND STRIKES OF TEXAS benefit from the tax cut signed into law in CHARITY BOWLING TOUR- IN THE HOUSE OF REPRESENTATIVES June. NAMENT The dramatic decrease in travel and tourism Friday, October 12, 2001 not only affects those workers employed by HON. ANNA G. ESHOO the airline industry. OF CALIFORNIA Mr. BENTSEN. Mr. Speaker, I rise to con- Working men and women in the hospitality IN THE HOUSE OF REPRESENTATIVES gratulate the African Cultural Exchange on the industry and service sector are also facing 8th Annual 2001 Celebration of Africa Week massive layoffs. Friday, October 12, 2001 held at the Hilton University of Houston, These people need immediate help with Ms. ESHOO. Mr. Speaker, I rise today to Texas, from September 27–October 4, 2001. buying their groceries, preparing for the holi- salute Cadence Design Systems led by their The late Dr. Kwame Nkrumah, the first days, and paying their heating bills. Our shop extraordinary President and Chief Executive President of Ghana, established the Africa keepers need consumers back in the stores. Officer, H. Raymond Bingham, on the occa- Week program in 1954 to promote onward I urge my colleagues to support H.R. 3015. sion of their ninth Stars & Strikes Charity progress and global unity towards social, eco- Because this country needs economic stim- Bowling Tournament to be held in San Jose, nomic and cultural awareness. Dr. Kwame ulus now. California on Sunday, October 14, 2001. Nkrumah encouraged people of African de- f Since its inception in 1990, Stars & Strikes scent all over the world to implement an an- IN HONOR OF MR. MARTIN has become among the largest fundraisers of nual Africa Week event. VITTARDI its kind in Silicon Valley, with Cadence donat- ing 100% of all proceeds to deserving chari- Africa Week 2001 is organized by the Hous- table organizations in the Bay Area. Working ton based Africa Cultural Exchange, Inc. (a HON. DENNIS J. KUCINICH in partnership with other local corporations nonprofit 50lc3), in collaboration with the Inter- OF OHIO and individuals, Cadence has raised more national Guardian Newspapers, and the Afri- IN THE HOUSE OF REPRESENTATIVES than $1.7 million dollars for programs in the can News Digest. This event is supported and Friday, October 12, 2001 Bay Area. This year’s event, featuring mem- co-sponsored by the City of Houston, Alpha Mr. KUCINICH. Mr. Speaker, I rise today to bers of the San Jose Sharks hockey team, is Phi Beta fraternity, and the Black Student honor and recognize Mr. Martin Vittardi, Clerk expected to raise $500,000 to benefit the San Union of the University of Houston. In attend- of the City of Parma’s Municipal Court and Jose-based Resource Area for Teachers ance this Africa Week were many members of 2001 Honoree of the Year for the Italian Amer- (RAFT), a non-profit organization serving more the academic community, elected officials, ican Brotherhood Club. than 4500 teachers in Bay Area. community leaders, foreign embassy officials, Mr. Vittardi has a long and distinguished In an unprecedented effort to assist those youth, and elders all of whom are members of history of public service in the Cleveland area. affected by the recent terrorist attacks on the various ethnic backgrounds. Africa Week has Upon graduation from John Carroll University World Trade Center and the Pentagon, Ca- become the symbol of international diversity, in 1977, he took the position of Deputy Clerk dence has pledged to match all funds raised and this year’s honorary guest and keynote for Cuyahoga County Probates Court and later for RAFT with a contribution to the American speaker, exemplify that diversity. decided to serve as Legislative Representative Red Cross and to the New York Firefighters’ The Honorary Guest for the 2001 Africa for the Seafarers International Union until 9–11 Disaster Relief Fund. In doing this the Week Celebration was His Majesty 1988. Throughout his tenure in that position, company will build upon a long-standing tradi- Rukirabasija Agutamba Solomon Gafabusa Mr. Vittardi had the opportunity to lobby on be- tion of community involvement and an abiding Iguru I, Omukama of Bunyoro Kitara Uganda. half of countless labor issues in not only Co- sense of corporate and civic responsibility. His Majesty Rukirabasija Agutamba Solomon lumbus, but Washington D.C. as well. Under the able stewardship of Ray Bingham, Gafabusa Igura I has made many valuable Mr. Vittardi served in many different capac- Cadence has transformed itself from a $369 million supplier of electronic design automation contributions to the world community through ities, and was a true public servant. In 1987, tools to its current $1.3 billion position as one his unselfish public service. The Keynote then Councilman Martin Vittardi coordinated of the world’s leading suppliers of electronic Speaker for the 2001 Africa Week Celebration the very successful campaign of his good friend Mr. Mike Ries for Mayor. After inaugura- design automation products, methodology is United States Senator KAY BAILEY HUTCH- tion, Mayor Ries appointed Mr. Vittardi Public services, and design services. INSON of Texas. Service Director for the City of Parma, where Mr. Speaker, I ask my colleagues to join me Again, I want to congratulate The African he oversaw countless city manners, including: in wishing Cadence Design Systems great Cultural Exchange and all of its collaborative community development, engineering, senior success with this year’s Stars & Strikes Char- partners on the 8th annual Africa Week. I wish citizen programs, public lands and buildings, ity Tournament. I pay tribute to and honor Ray them great success in the future, and thank recreation, streets, and sewers. Bingham for his special leadership and I thank them for their valuable service to the global In 1982, Mr. Vittardi served as Cuyahoga all Cadence employees for their contributions community. County Democratic Executive Committeeman. to our community and our country.

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.007 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1877 TRIBUTE TO FARMER-CHEF I want to also express my appreciation to DEPARTMENTS OF LABOR, MARKETING ALLIANCE the chairman and the ranking Appropriations HEALTH AND HUMAN SERVICES, Committee and the Chairman and Ranking AND EDUCATION, AND RELATED HON. BOB SCHAFFER Member of Labor, Health and Human Serv- AGENCIES APPROPRIATIONS OF COLORADO ices, and Education Appropriations Sub- ACT, 2002 IN THE HOUSE OF REPRESENTATIVES committee, who had the responsibility of SPEECH OF Friday, October 12, 2001 crafting this legislation and included provisions for the global fight against HIV/AIDS, tuber- HON. EDDIE BERNICE JOHNSON Mr. SCHAFFER. Mr. Speaker, it is an honor culosis and malaria. OF TEXAS to rise today to express gratitude and con- These provisions will expand funding for our IN THE HOUSE OF REPRESENTATIVES gratulations to the Farmer-Chef Marketing Alli- global HIV/AIDS, tuberculosis and malaria ef- ance of Fort Collins, Colorado. The alliance Thursday, October 11, 2001 forts on the African continent, and in devel- prides itself on bringing together farmers and oping countries throughout the world. The House in Committee of the Whole restaurant chefs to benefit local agriculture House on the State of the Union had under and businesses. As many of you know, more than two years consideration the bill (H.R. 3061) making ap- The Farmer-Chef Marketing Alliance, coordi- ago, I began to work with my colleagues to propriations for the Department of labor, nated by Colorado State University and the build a bipartisan and bicameral coalition to Health and Human Services, and Education, and related agencies for the fiscal year end- Colorado Department of Agriculture’s markets raise the level of attention and expand the United States response to the global AIDS cri- ing September 30, 2002, and for other pur- division, has created new opportunities for poses: sis. local farmers to sell fresh vegetables to local Ms. EDDIE BERNICE JOHNSON of Texas. chefs. This innovative and unique program Although we can and must do more to fight Mr. Chairman, I rise to bring attention to the has given chefs fresher produce for their res- this killer disease, the provisions funded in this need to appropriate an additional $5 million to taurants, enhancing the quality of their food bill provide proof that with leadership and a Education Technology State Grants. This will while also supporting local farmers. In a recent strong will to bring relief to those who need it offset the Safe and Drug-Free Schools by $5 edition of the Fort Collins Coloradoan, Dawn most, we can and will work together toward million. Thilmany, Associate Professor of Agriculture eradicating the global scourge of AIDS from Throughout the last two decades, informa- and Resource Economics at Colorado State the face of the earth. tion technology has become increasingly prev- University, said, ‘‘There’s a push for commu- We all know that HIV/AIDS, TB and malaria alent in society. We, as policymakers, have nity-supported agriculture, and we think this is continue to ravage Africa and developing been interested in the use of this technology a good way to do it.’’ countries throughout the world. in elementary and secondary schools partly The Farmer-Chef Marketing Alliance is a Each day, over 17,000 people die each day out of concern over poor student performance, shining example of two different sectors com- from AIDS, tuberculosis and malaria world- and the idea that educational technology can ing together to achieve a common goal. I ap- wide! Our nation is leading the global fight improve that performance. Also, many of us plaud the alliance for its courageous and against these infectious diseases. However, feel that students in America should receive noble efforts to enhance the quality of commu- we can and must do more. training in school that will enable them to work nity restaurants while also supporting local ag- in an increasingly technological environment. riculture through teamwork. We have only reached the tip of the iceberg Furthermore, the Administration has stated As an exceptional program located in Colo- in the global AIDS crisis and it is compounded that schools should use technology as a tool rado’s Fourth Congressional District, the by TB and malaria mortality rates. It is clear to improve academic achievement, and that Farmer-Chef Marketing Alliance not only that our fight must continue. using the latest technology in the classroom makes its community proud, but also those of Without an expanded and coordinated re- should not be an end unto itself. its state and country. It is a true honor to have sponse, the CDC, international AIDS experts The purpose of my amendment speaks to this alliance reside in Colorado, and we owe and health experts indicate that new HIV in- the interests of Congress and that of the Ad- it a debt of gratitude for its service. I ask the fections, alone, will rise to 100 million by the ministration. This amendment will provide House to join me in extending wholehearted year 2007. Already over 50 million people more funding to a program that has worked for congratulations to the Farmer-Chef Marketing have been infected worldwide—over 70% of our kids. For fiscal year 2002, this bill will ap- Alliance. those infections are in sub-Saharan Africa. propriate the same amount of funding it did f Once the global AIDS fund is operational, it last year. If we truly want our students to excel in technology so that they can successfully DEPARTMENTS OF LABOR, will support a wide range of interventions, from education and prevention to the procurement compete in this increasingly technological en- HEALTH AND HUMAN SERVICES, vironment, we must continue to provide them of HIV/AIDS/TB related drugs and commod- AND EDUCATION, AND RELATED with the tools necessary to do so. This is ex- ities, including antiretroviral agents in situa- AGENCIES APPROPRIATIONS actly what education technology state grants tions where their use can be effectively man- ACT, 2002 provide. aged, and anti-malaria interventions such as Education technology state grants provide SPEECH OF insecticide-treated bed nets. schools with the necessary support for the ac- HON. BARBARA LEE The goal is to have the global fund in oper- quisition and use of technology and tech- ation with the capacity to manage resources nology enhanced curriculums, instructions, OF CALIFORNIA and procure essential drugs and commodities and administrative support to improve edu- IN THE HOUSE OF REPRESENTATIVES by early 2002. To maximize the global fund’s cation in elementary and secondary schools. Thursday, October 11, 2001 impact, the funds should be used for results- Funds are allocated to states proportionate to The House in Committee of the Whole based programs that specifically increase the their share of ESEA Title 1, Part A funding, House on the State of the Union had under number of people covered by the direct provi- which speaks to the heart of the digital di- consideration the bill (H.R. 3061) making ap- sion of drugs, other commodities and services vide—providing technology to those who oth- propriations for the Departments of Labor, to beneficiaries in countries severely affected erwise would not have the opportunity to ac- Health and Human Services, and Education, by these diseases. cess it. and related agencies for the fiscal year end- The fact that techniques which prevent the Mr. Chairman, as the need for more people ing September 30, 2002, and for other pur- who are technologically savvy increases, we poses: spread of HIV infection exist, and that drugs exist that can substantially reduce the rate of need to be certain that our students have the Ms. LEE. Mr. Chairman, I rise today to ex- mother-to-child transmission and prolong the ability to successfully compete globally. There press my support for the H.R. 3061. is no reason why companies on American soil lives of people who are infected, makes it in- I believe this bill represents a good bipar- continue to look for technologists outside of cumbent on us to immediately utilize whatever tisan effort which focuses on priorities many our country when we have able minds and budgetary mechanisms are available. good programs that will benefit our nations bodies here. Let us take care of our country’s and its citizen. The funding provided in this bill moves us future now. Let us assure America and its This bill also contains provisions which will closer to that goal. people that a decade from now we will have be crucial in our efforts to rebuild the nation’s It is for these reasons that I support this leg- Americans who can run our computer pro- confidence during the difficult days since the islation and urge my colleague to also support grams and be the inventors of the latest tech- events of September 11, 2001. it. nology.

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.011 pfrm13 PsN: E12PT1 E1878 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 If the need to be competitive does not steer ing September 30, 2002, and for other pur- to selflessly serving the public. As Mayor, he my colleagues in the right direction, let the poses: accomplished countless great feats: he insti- need to have Americans only have access to Ms. SOLIS. Mr. Chairman, I rise today to tuted new programs and expanded services our computers. Let Americans only have the voice my opposition to Congressman ISTOOK’s without raising property or city income taxes, ability to decode top secret information that amendment to the Labor, Health, Human expanded a full-service jail, and renovated the may prevent further attacks against us. Let Services and Education Appropriations bill. largest and best-equipped recreational facility Americans lead us out of our vulnerable stage. I am concerned with Congressman ISTOOK’s of its kind in the state. I urge my colleagues to support my amend- proposal to increase the abstinence-until-mar- Commissioner Dimora is truly dedicated to ment and continue supporting our children in riage education program by $33 million. serving his fellow man. He is a people person, their efforts to become technologically savvy Although I believe that educating teenagers a problem solver, and a consensus-builder. so that they may control our future. about sexual abstinence can be beneficial it His tenure as Chairman of the Democratic f cannot be the course of sexual education. Party in Cuyahoga County has demonstrated There is no substantive evidence that shows his incredible honor and the respect he has INTRODUCING POSTAGE WAIVER that abstinence-only education is effective. gained from his fellow colleagues. BILL FOR DONATIONS TO Instead, research repeatedly shows that the Mr. Speaker, please join me in honoring a ‘‘AMERICA’S FUND FOR AFGHAN most effective route to combat teenage preg- CHILDREN’’ very fine man on his recipient of the Bikur nancy is a comprehensive sexual education Cholim Hospital’s 2001 International Brother- program. hood Award. Commissioner Jimmy Dimora is HON. KEN BENTSEN In my community, the Latino community, an truly a man of the people, and has served the OF TEXAS abstinence-only lifestyle is preached in most Cleveland community selflessly his entire life. IN THE HOUSE OF REPRESENTATIVES households. Young Latinas are repeatedly told that if f Friday, October 12, 2001 they have sex outside of marriage or become Mr. BENTSEN. Mr. Speaker, on October 11, pregnant, they will be cut off from their fami- TRIBUTE TO EDWARD A KELLY, 2001, President Bush announced the estab- lies. JR. lishment of the ‘‘America’s Fund For Afghan However, 13 percent of Hispanic women in Children’’ and asked America’s children to the United States aged 15–19 still become send one dollar to the children of Afghanistan. pregnant each year. HON. JIM SAXTON In order to enhance the impact of our chil- Teenagers are sexually active; therefore OF NEW JERSEY dren’s charitable contributions, I am intro- they should know about the family planning IN THE HOUSE OF REPRESENTATIVES methods available. ducing legislation to waive U.S. postage for Friday, October 12, 2001 donations to this fund. In fact, each year, family planning services The ‘‘America’s Fund For Afghan Children,’’ prevent about 386,000 teenage pregnancies. Mr. SAXTON. Mr. Speaker, I rise today to will be overseen by the American Red Cross, While I am pleased that Congressman pay tribute to Edward A. Kelly, Jr., my good will provide America’s children, who are ISTOOK’s amendment does not draw any fund- friend and a mainstay of Burlington County for blessed with so much, with the opportunity to ing away from the much-need Title X family over 40 years. reach out to aid the innocent children of Af- planning program, I still cannot support such a Born in Philadelphia, Pennsylvania into a ghanistan who suffer constant oppression, large funding increase for a program that is so family of seven children, his parents were born chronic malnourishment and grossly inad- limited in scope and whose effectiveness has in Ireland, emigrating to the United States in equate medical care. yet to be determined. their twenties. Growing up in a working-class Mr. Speaker, because I believe that we, in I urge my colleagues to oppose this amend- neighborhood, his early youth was spent in Congress, can play a vital role in ensuring that ment. sports, while attending West Catholic High none of the money that is raised by our f School. youngest citizens is consumed by postage. IN HONOR OF COUNTY Married to the former Mildred ‘‘Millie’’ This measure encourages participation in this COMMISSIONER JIMMY DIMORA Hansberry, the Kellys become one of the first worthwhile endeavor and advances the Presi- families to settle in Levittown, New Jersey, dent’s effort to provide America’s children with now known as Willingboro. a tangible way to bring much needed humani- HON. DENNIS J. KUCINICH Having served on the Willingboro Board of tarian relief to the children of Afghanistan. OF OHIO Education, and later as a member of the Under this measure, donations sent to the fol- IN THE HOUSE OF REPRESENTATIVES Willingboro Council, Ed was elected Clerk of lowing address would be delivered free of Friday, October 12, 2001 Burlington County in 1969. His rising popu- postage: America’s Fund for Afghan Children, larity brought about his reelection to an addi- Mr. KUCINICH. Mr. Speaker, I rise today to The White House, 1600 Pennsylvania Avenue, tional four five-year terms, from which he re- honor a great man who has affected the lives Washington, DC 20509–1600. tired at the end of 1994, after more than 25 of thousands in Northeast Ohio, County Com- Mr. Speaker, I urge the House to pass this years of continuous service. legislation that sends the message that the missioner Jimmy Dimora, recipient of the Bikur Cholim Hospital’s 2001 International Brother- A member of nearly 70 different service U.S. Congress supports their efforts to help clubs, his service as a member of the Board the children of Afghanistan. hood Award. Mr. Dimora is a great man, skilled politician, of Directors of the Burlington County Chapter f public servant, and most importantly, a friend. of the Boy Scouts of America earned him the DEPARTMENTS OF LABOR, In January 1999 he began his term as Cuya- Silver Beaver Award, scouting’s highest honor. HEALTH AND HUMAN SERVICES, hoga County Commissioner with the one sim- A major supporter of our active duty military AND EDUCATION, AND RELATED ple goal to simplify county government and and retirees, Ed is a founding member of the AGENCIES APPROPRIATIONS make it ‘‘user friendly’’ for his constituents. Burlington County Military Affairs Committee ACT, 2002 Commissioner Dimora’s main goal was to (BCMAC). His commitment to our military is so bring common sense to political dilemmas, highly-regarded that he was appointed by SPEECH OF and solve problems rather then to create Governor Christine Todd Whitman to the New HON. HILDA L. SOLIS them. He was soon, thereafter, elected by his Jersey Veterans Service Council. fellow commissioners as President of the His six-year term as State Chairman, New OF CALIFORNIA Board of Cuyahoga County Commissioners. Jersey Employer Support of the Guard and IN THE HOUSE OF REPRESENTATIVES Before working in County government, Com- Reserve Committee (ESGR) came to a close Thursday, October 11, 2001 missioner Dimora was a dedicated public serv- on September 30, 2001. His leadership will be ant in the city of Bedford Heights. He served sorely missed. The House in Committee of the Whole House on the State of the Union had under as Mayor from 1982 through 1998, running for For his many years of dedicated service consideration the bill (H.R. 3061) making ap- re-election without opposition every time. He both as a long-time member of the ESGR, and propriations for the Departments of Labor, served before that as Council-at-Large for four especially, during his six-year term as State Health and Human Services, and Education, years, and also was a city employee for six Chairman, and as one of his loyal supporters, and related agencies for the fiscal year end- years. Mr. Dimora has dedicated his entire life I pay tribute to him today.

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.015 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1879 IN HONOR OF SPECIAL AGENTS The terrorist attacks have had a devastating A BILL TO EXTEND THE MAYOR GIL AMOROSO AND EMIR BENITEZ impact on the men and women who work in OF THE DISTRICT OF COLUMBIA aviation and aviation-related industries. THE SAME AUTHORITY WITH RE- HON. ERIC CANTOR I participated in a video teleconference ear- SPECT TO THE NATIONAL OF VIRGINIA lier this week with union leaders in my district, GUARD OF THE DISTRICT OF CO- LUMBIA AS THE GOVERNORS OF IN THE HOUSE OF REPRESENTATIVES which includes Los Angeles International Air- THE SEVERAL STATES Friday, October 12, 2001 port, the nation’s third-largest airport. Mr. CANTOR. Mr. Speaker, I would like to Representatives from the Flight Attendants HON. ELEANOR HOLMES NORTON pay tribute to Special Agent Gil Amoroso and Association, the International Association of OF THE DISTRICT OF COLUMBIA Special Agent Emir Benitez. Machinists, the National Air Traffic Controllers IN THE HOUSE OF REPRESENTATIVES Agent Amoroso provided a great service for Association, SEIU, National Treasury Employ- Richmond, Virginia, during his time with the ees Union and the Transportation Workers Friday, October 12, 2001 Drug Enforcement Administration (DEA). Union testified about how the attacks have af- Ms. NORTON. Mr. Speaker, today I am in- Agent Benitez served America’s commu- fected their members. Some, like SEIU, NTEU troducing a bill to give the mayor of the District nities, as well, through the DEA, sacrificing his and the Flight Attendants, lost members in the of Columbia the same authority over the Na- life on duty. attacks. tional Guard as the Governors of all 50 states. These two individuals greatly sacrificed to This bill is another important step necessary to All have seen tremendous job losses. 6,000 help fight America’s war on drugs. complete the transfer of full self-government flight attendants. 140,000 in the transportation The DEA is an essential law-enforcement powers to the District of Columbia that Con- sector as a whole. 110,000 in the hospitality agency, contributing to the safety and well- gress itself began with the passage of the sector. We can not let this continue. We must being of our schools, our playgrounds, and the Home Rule Act of 1973. District authority over help these men and women. My bill does that. streets in our communities. its own National Guard apparently was not Each of us can recall an individual, either an It has been nearly three weeks—three raised during the Home Rule Act process. acquaintance or a public figure, whose life has weeks!—since this body acted to provide air- However, it was unthinkable then that there been ravaged by drugs. lines with a $15 billion bail-out package. I would be war in the homeland, much less ter- In America, drugs have become a very de- struggled with that vote. The airlines are at the rorist threats to the nation’s capital. structive force affecting our children. core of the aviation-economy; we could not let While the National Guards in the 50 states Now, each of us who is a parent knows the them go bankrupt. At the same time, I and operate under dual jurisdictions, federal and importance of sitting down with our children other members of this body were deeply con- local, the D.C. National Guard (DCNG) has no and warning them about the danger of drugs. cerned that the bill did not do enough for local jurisdiction, no matter the local emer- But men and women, like Amoroso and those workers. gency. The President of the United States as Benitez, who serve in the DEA, help our na- the Commander-in-Chief alone has the author- tion to curb the drug problem at its source. The time to help them is now. One way to do that is by giving those who lost jobs pref- ity to call upon the National Guard for any pur- They work to keep illegal substances out of pose, local or national here. Each governor, our country and investigate the culprits who erence when new jobs are created. My bill di- rects the Secretary of Transportation to ensure however, as the head of state, has the author- are making illegal drugs available to our chil- ity to mobilize her National Guard to protect dren, our communities, and even our work- that the first priority in hiring aviation security personnel is given to the men and women the local jurisdiction, just as local militia have places. always done historically. Most often, this has In addition to their personal efforts to curb who were working in aviation and at airports before September 11 and were laid off as a meant calling upon the National Guard to re- drug offenses, Amoroso and Benitez have left store order in the wake of civil disturbances result of the attacks. a legacy. They both have family members who and natural disasters. For such local emer- fight the war on drugs today in Richmond. I urge Members to help these men and gencies, it makes sense that the governor Drug enforcement efforts have heightened women and support this legislation. would have exclusive control over the mobili- in importance in the wake of the September zation and deployment of the state militia, and 11 terrorist attacks in Washington and New f it makes the same sense for the mayor of the York. District of Columbia with a population the size As confirmed by DEA Administrator Hutch- PERSONAL EXPLANATION of that of small states, to have the same au- inson, there is a lot of evidence to suggest thority. that the ruling Taliban regime in Afghanistan ´ The mayor of the District of Columbia, act- receives financial benefit from the drug trade. HON. NYDIA M. VELAZQUEZ ing as head of state, should have the authority This fuels the terrorist attacks on the civilized OF NEW YORK to call upon the DCNG in instances that do world. DEA efforts to target international drug not rise to a level of federal importance or in- trafficking are critical to America’s war against IN THE HOUSE OF REPRESENTATIVES volvement. Currently, needless formalism re- terrorism. quiring action by the President of the United The fight against drugs is essential to the Friday, October 12, 2001 States could endanger the life and health of security of our homes and of our country. ´ D.C. residents and many more who work here Thank you for your service. Ms. VELAZQUEZ. Mr. Speaker, on Thurs- Thank you, Mrs. Amoroso and Mrs. LaRosa, day, October 11, 2001, 1 was unavoidably de- in the event of an emergency. Today, the for your ongoing efforts on behalf of our coun- tained in my district. As a result, I missed five mayor must request the needed assistance try. votes on the House floor. from the President, who serves as the Com- mander-in-Chief for a local National Guard. In May God continue to bless America. Had I been present, I would have voted an emergency unique to the District, the f ‘‘yes’’ on rollcall vote 381, to pass the Labor- mayor, who knows the city better than any HHS-Education Appropriations Act for Fiscal REMARKS ON H.R. 3067 federal official, can deploy his own National Year 2002. Guard only by relying on the President, who is HON. JANE HARMAN In addition, I would have voted ‘‘no’’ on roll- necessarily preoccupied with national matters, OF CALIFORNIA call vote 380, the Istook amendment to in- including perhaps war or homeland attack. IN THE HOUSE OF REPRESENTATIVES crease the bill’s funding for abstinence edu- Following the September 11th terrorist at- cation by cutting funding for the Centers for tacks, the House has recognized that the Dis- Friday, October 12, 2001 Disease Control; rollcall vote 379, the Istook trict of Columbia must be an integral part of Ms. HARMAN. Mr. Speaker, I rise today to amendment to delay the enforcement of Exec- the planning, implementation, and execution, introduce legislation (H.R. 3067) that directs utive Order 13166; rollcall vote 378, the of national plans to protect city residents, fed- the Secretary of Transportation to develop Stearns amendment to shift funding from the eral employees, and visitors by including the regulations giving priority in government and Corporation for Public Broadcasting to the District of Columbia as a separate and full private contractor hiring for aviation-related se- Centers for Disease Control; and rollcall vote partner and first responder in federal domestic curity positions to qualified workers who were 377, the Schaffer amendment to fully fund the preparedness legislation. Allowing the mayor laid-off as a result of the September 11 at- Individuals with Disabilities Act by cutting other control over the DCNG at a minimum dem- tacks. education programs. onstrates the respect for local governance and

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.019 pfrm13 PsN: E12PT1 E1880 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 home rule that every jurisdiction that recruits happen to sit on the Intelligence Committee. If attracting and producing such talent. Finally, I members of the military to its National Guard any member were to reveal information that am proud that these two men call Colorado deserves. If the mayor has local control over may compromise the security of the United their home. his own Guard, the Executive would give up States, I certainly would support efforts to pun- Again, I congratulate Dr. Wieman and Dr. nothing of his necessary control because the ish that member for violating his office and the Cornell for their extraordinary work and for the President would retain his right to nationalize trust of his country. I believe that if Congress great honor that has been bestowed upon the DCNG at will, as he can for the states. and the Executive Branch exercised sufficient them. The confusion that accompanied the Sep- political will to make it known that any member f tember 11th attack plainly showed the danger who dared reveal damaging information would inherent in allowing bureaucratic steps to suffer full punishment of the law, there would HALLOWEEN FOR HEROES stand in the way of responding to emer- not be a serious risk of a member leaking gencies in the nation’s capital. September classified information. HON. CONSTANCE A. MORELLA 11th has made local control of the DCNG an In conclusion, Mr. Speaker, it is inexcusable OF MARYLAND imperative. I urge my colleagues to support for members to be denied crucial facts regard- IN THE HOUSE OF REPRESENTATIVES this bill. ing the intelligence program authorized by this Friday, October 12, 2001 f bill, especially at a time when the nation’s at- tention is focused on security issues. There- Mrs. MORELLA. Mr. Speaker, it is with INTELLIGENCE AUTHORIZATION fore, I hope my colleagues will reject HR 2883 great pride that I rise to recognize three ACT FOR FISCAL YEAR 2002 and all other intelligence authorization or fund- young, ambitious constituents who have ing bills until every member of Congress is al- launched an extraordinary fundralsing initiative SPEECH OF lowed to fully perform their constitutional role called, ‘‘Halloween for Heroes.’’ Zack HON. RON PAUL of overseeing these agencies and participating Beauchamp, Woody Wiegmann, and Conor OF TEXAS in the debate on this vital aspect of America’s Murphy of Rockville, Maryland co-founded this honorable enterprise to assist the victims of IN THE HOUSE OF REPRESENTATIVES national security policy. f the horrific September 11th terrorist attacks. Friday, October 5, 2001 On Halloween night, these three dedicated COLORADO’S NOBEL LAUREATES The House in Committee of the Whole young men will go through their neighborhood House on the State of the Union had under to collect relief donations instead of candy. consideration the bill. (H.R. 2883) to author- HON. MARK UDALL The proceeds will be designated for a charity ize appropriations for fiscal year 2002 for in- OF COLORADO to create a scholarship fund for the children telligence and intelligence-related activities IN THE HOUSE OF REPRESENTATIVES impacted by the attack on our nation. Of of the United States Government, the Com- Friday, October 12, 2001 course, adults are also encouraged to partici- munity Management Account, and the Cen- pate in this effort. tral Intelligence Agency Retirement and Dis- Mr. UDALL of Colorado. Mr. Speaker, I rise ability System, and for other purposes: I am so proud of these boys who have com- to call attention to the tremendous accomplish- mitted their time and hard work to raise funds Mr. PAUL. Mr. Speaker, HR 2883, the Intel- ments of two of my constituents, Dr. Carl for the benefit of children who have suffered ligence Authorization Act, is brought before us Wieman and Dr. Eric Cornell. It was an- during this time of national tragedy. Their ef- today under a process which denies members nounced this week that Dr. Wieman and Dr. forts are an exemplary way for children across of Congress our constitutional right as elected Cornell have been awarded the Nobel Prize the region and across the country to get in- officials to be informed on crucial aspects of for Physics for their work in creating a new volved in relief efforts. the programs we are asked to authorize. Infor- state of matter. Dr. Wolfgang Ketterle, a pro- Mr. Speaker, I offer my warmest thanks and mation about this bill is limited to dollars fessor of physics at the Massachusetts Insti- congratulations to Zack, Woody, and Conor for amounts and personnel ceilings for the indi- tute of Technology, was also awarded the their dedication and caring spirit. This year will vidual intelligence programs and even that in- prize. truly be a Halloween for Heroes. formation is restricted to viewing in a classified The goal of the scientists was to create f annex available to members during regular Bose-Einstein condensation, an extreme state business hours for ‘‘security reasons.’’ of matter predicted by Indian physicist DEPARTMENTS OF LABOR, Given the many questions the American Satyendra Nath Bose and later expounded HEALTH AND HUMAN SERVICES, people have about the performance of the in- upon by Albert Einstein. AND EDUCATION, AND RELATED telligence agencies prior to September 11, and Beginning with atoms of rubidium gas at AGENCIES APPROPRIATIONS the many concerns as to whether the intel- room temperature, the Colorado team—led by ACT, 2002 ligence agencies can effectively respond to Eric Cornell and Carl Wieman, and including the challenges of international terrorism, I be- CU-Boulder undergraduate and graduate stu- SPEECH OF lieve that the American people would be well dents and postdoctoral researchers—cooled HON. TOM UDALL served by a full debate on the ways the intel- the atoms to less than 170 billionths of a de- OF NEW MEXICO ligence community plans to respond to these gree above absolute zero. This low tempera- challenges. I also believe the American people ture caused the individual atoms to behave as IN THE HOUSE OF REPRESENTATIVES would be well-served if members of Congress one ‘‘superatom.’’ Thursday, October 11, 2001 could debate the prudence of activities author- To cause matter to behave in this controlled The House in Committee of the Whole ized under this bill, such as using taxpayer way has long been a challenge for research- House on the State of the Union had under monies for drug interdiction, is an efficient use ers. Physicists were initially skeptical about consideration the bill (H.R. 3061) making ap- of intelligence resources or if those resources the approach taken by Wieman and Cornell to propriations for the Departments of Labor, could be better used to counter other, more create the condensate, but they soon came Health and Human Services, and Education, significant threats. Perhaps the money tar- around when they recognized the advances and related agencies for the fiscal year end- geted for drug interdiction and whether it the scientists were making. ing September 30, 2002, and for other pur- should be directed to anti-terrorism efforts. As the Royal Swedish Academy of Sciences poses: However, Mr. Speaker, such a debate cannot noted upon awarding the prize, this year’s Mr. UDALL of New Mexico. Mr. Chairman, I occur when members are denied crucial facts Nobel Laureates have caused atoms to ‘‘sing rise today in strong support of H.R. 3061, the regarding the programs authorized in this bill in unison.’’ The creation of Bose-Einstein con- Labor-HHS—Education Appropriations bill for or, at a minimum, are not free to debate in an densate is a ground-breaking accomplishment Fiscal Year 2002. This bill provides critical open forum. Therefore, Congress is denied a that will significantly affect the scientific com- funding for our nation’s students, teachers, crucial opportunity to consider how we might munity, its work, and its direction for years to doctors, patients, and numerous important improve America’s intelligence programs. come. I am proud that the work of Dr. Wieman programs within the Department of Labor. We are told that information about this bill and Dr. Cornell is a result of federally funded Before I go any further, I would like to take must be limited to a select few for ‘‘security research at the University of Colorado, JILA, a moment to thank Chairman REGULA, Rank- reasons.’’ However, there are other ways to and the National Institute of Standards and ing Member OBEY, and the Majority and Mi- handle legitimate security concerns than by Technology. I am proud that the institutions in nority Committee Staffs for their hard work on limiting the information to those members who the 2nd Congressional District are capable of this excellent, bipartisan legislation. They all

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.023 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1881 did an excellent job and should be com- This isn’t just egregious corporate welfare. Section 4: That this Resolution shall be in mended for their efforts. It’s a matter of life and death. full force and effect upon its passage and ap- Mr. Chairman, perhaps no resource in our And it happens every day, all the time, all proval in accordance with law. great country is more important than our Ayes: Trustees, Pope, Fonte, Tolentino, over America, with drugs that treat AIDS, can- Giampa, Biondini, Schroeder and President young people—our students. H.R. 3061 recog- cer, high blood pressure, and other deadly dis- Jackson. nizes the vital role that this group plays in the eases. Nays: None. future for our nation and for the world by in- It’s enough to make anybody sick, espe- Absent: None. creasing funding for the Department of Edu- cially those forced to choose between treat- f cation by 16% over FY01 funding levels. ment and food. Specifically, I am extremely pleased to see This amendment would simply ensure that IN MEMORY OF MAJOR WALLACE a funding increase of $1.4 billion for IDEA, pharmaceutical companies offer the benefits of COLE HOGAN, JR. $137 million increase for Impact Aid, $1.7 bil- federal drug research at a reasonable price. lion increase for Title I grants, just to name a This amendment is a prescription for fair- HON. SAXBY CHAMBLISS few of the critical programs that are receiving ness and compassion. OF GEORGIA an increase in funding. NIH should subsidize drug research not IN THE HOUSE OF REPRESENTATIVES In addition, Mr. Chairman, funding for the pharmaceutical companies. Department of Health and Human Services I urge my colleagues to support the Sanders Friday, October 12, 2001 has been increased by 13 percent in this leg- amendment. Mr. CHAMBLISS. Mr. Speaker, today I islation. Critical programs for rural health care f honor Major Wallace Cole Hogan, Jr. for serv- providers and patients, which are very impor- ing our country in the United States Army. tant to many rural areas that I represent in RESOLUTION OF SUPPORT FOR Major Hogan was truly born to serve. northern New Mexico, have received signifi- THE PRESIDENT AND OUR Major Hogan grew up in Macon, Georgia, cant funds, including $142 million for the Na- ARMED SERVICES and attended Valdosta State University. After tional Health Service Corps, $27.6 million for graduation, he joined the Georgia Army Na- the Rural Telemedicine Grant Program, and HON. HENRY J. HYDE tional Guard as a Rifle and Mortar Platoon $4 million for a State Offices of Rural Health OF ILLINOIS Leader. His time with the National Guard in- Grant Program, just to name a few. IN THE HOUSE OF REPRESENTATIVES cluded the Commander of the 19th Special Furthermore, this bill provides $120 million Forces Group Airborne, Colorado Army Na- Friday, October 12, 2001 for the Community Access Program, which tional Guard, Detachment Commander of the provides critical funding for 3 health care serv- Mr. HYDE. Mr. Speaker, I am proud to rep- 20th Special Forces Group Airborne, Alabama ice providers in New Mexico. resent the people of the Village of Glendale Army National Guard. On April 4, 1993, Major Also, of nationwide concern, this bill pro- Heights, Illinois. On Oct. 4, Village President Hogan accepted an Army active duty appoint- vides $ 100 million more than the FY01 level Linda Jackson and the Village Trustees adopt- ment as a Captain. He was a member of the for countering bioterrorism programs at CDC ed the following resolution which I am both Green Berets and fought in the Persian Gulf and HHS. proud and pleased to bring to the attention of War with the 1st Special Forces Group Air- Last but not least, Mr. Chairman, a 3% in- my colleagues: borne as a Battalion Operations officer and crease for the Department of Labor will pro- Whereas, in the aftermath of horrifying Detachment Commander. He also served as vide vital funding for adult job training pro- events of September 11, 2001, the people of the Commander, Special Forces Instructor De- grams, youth training programs, Job Corps, the Village of Glendale Heights share the re- tachment, U.S. Army Jungle Operations Train- and OSHA. solve and determination of all Americans as ing Battalion, Fort Sherman, Panama. I urge my colleagues to support this bipar- we unite as one nation; Major Hogan joined the Office of the Deputy tisan legislation. The committee has done an Whereas, the people of the Village of Glen- dale Heights wish to show our solidarity Chief of Staff for Operations and Plans in excellent job in crafting this bill to help ad- with those who work and live in Washington June 1999. His work at the Pentagon included dress the many needs of our nation and I be- D.C., our nation’s capital, and we salute the Special Operations Staff Officer in the Direc- lieve we should support the work of our col- heroic efforts of the brave men and women, torate of Operations, Readiness, and Mobiliza- leagues on the committee. both civilian and military, who are working tion and Executive Officer for the Assistant f to recover and rebuild following the brutal Deputy Chief of Staff for Operations and attack which struck at the very heart of our Plans. A committed serviceman, Major Hogan DEPARTMENTS OF LABOR, nation; dedicated his entire professional life to the HEALTH AND HUMAN SERVICES, Whereas, the people of the Village of Glen- United States Army and serving his country. AND EDUCATION, AND RELATED dale Heights wish to express our deepest On September 11, terrorists claimed the AGENCIES APPROPRIATIONS gratitude to our brothers and sisters in the lives of our friends, family and loved ones ACT, 2002 United States Armed Forces for their stead- fast courage and dedication as they stand from all over this nation and the world. Major SPEECH OF ready to protect and defend our lives and lib- Cole Hogan was one of these loved ones. His erty. parents are from Macon and happen to be HON. CAROLYN B. MALONEY Now, therefore, be it resolved, by the personal friends of mine. My wife and I have OF NEW YORK President and the Board of Trustees of the two children and I can’t imagine any greater IN THE HOUSE OF REPRESENTATIVES Village of Glendale Heights, on behalf of all the residents of the Village, as follows: pain than that which floods one’s heart upon Thursday, October 11, 2001 Section 1: That we as a community look to the death of a child. My prayers are with the our President and our nation’s leadership for Hogans during their most difficult time of grief. The House in Committee of the Whole guidance and wisdom in this time of uncer- In our mourning, we can’t help but question House on the State of the Union had under tainty, and pledge our support to our leaders how such a heinous act could come to fruition consideration the bill (H.R. 3061) making ap- and our military as we seek to bring justice propriations for the Departments of Labor, on American soil. But in a time where ques- to those who perpetrated these acts of war Health and Human Services, and Education, tions are many and words are few, I want to on the American people. and related agencies for the fiscal year end- offer my most sincere condolences to the fam- Section 2: That although Americans are no ing September 30, 2001, and for other pur- strangers to casualties of war, we recognize ily of Major Hogan; his wife, Air Force Major poses: the gravity and magnitude of the terrorist Pat Hogan of Alexandria, VA and his parents, Mrs. MALONEY of New York. Mr. Chair- attacks on our own soil at the nation’s cen- Jane and Wallace Hogan of Macon, Georgia. man, I rise in support of the Sanders amend- ter of government, designed to destroy our In a lifetime of service that spanned half the ment. unity and freedom—the very hallmarks of globe, Major Hogan served from Hawaii to I understand that corporations need to pass the American Spirit. Panama before coming to work at the Pen- along research costs to customers—when Section 3: That the people of the Village of tagon. His outstanding accomplishments have they pay for the research themselves. Glendale Heights stand up with all Ameri- not gone unnoticed as evident by the numer- cans to proclaim our unity as a nation, and But something is amiss when taxpayers pay to assure the world that the tragic events of ous decorations and awards earned during his for drug research and pharmaceutical compa- Sept. 11, 2001, did not destroy us, but rather service. These recognitions include: the Meri- nies charge those same taxpayers exorbitant strengthened our resolve and dedication to torious Service Medal with two oak leaf clus- prices for drugs the government develops and the ideals of democracy and freedom upon ters, Army Commendation Medal with oak leaf licenses to them. which this country was built. cluster, Army Achievement Medal with five oak

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.027 pfrm13 PsN: E12PT1 E1882 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 leaf clusters, Army Reserve Components idency last year, Taiwan boasts a strong, Consequently, I want to highlight and praise Achievement Medal with two oak leaf clusters, participatory, multi-party democracy holding both countries for seeking assistance from the Armed Forces Reserve Medal, Army Service free elections at all levels. President Chen has OSCE Advisory Panel on Freedom of Religion Ribbon, Special Forces Tab, Ranger Tab, been a champion of civil liberties, the rule of or Belief. The choice to seek assistance and Scuba Diver Badge, Senior Parachutist law and human rights. He has committed Tai- working to ensure the new legislation is in line Badge, and Pathfinder Badge. wan to upholding the Universal Declaration of with protecting human rights is a mark of wise I think we have a lot to learn from Ameri- Human Rights, the International Covenant of governance. Even more, I want to encourage cans like Cole Hogan. His dedication and pa- Civil and Political Rights, and the Declaration these governments to continue their close co- triotism are unwavering and a standard we all and Action Program of the 1993 Vienna Con- operation with this body of experts, and to should strive to emulate. Cole Hogan will be ference on Human Rights. Taiwan has made continue to strive to uphold OSCE commit- missed, as will so many others. These lives major strides in upholding and maintaining ments and international norms for religious will not be forgotten. We must honor them by human rights. freedom. living on as they lived. The lives stolen by ter- Examples of East and West Germany ad- In Kazakhstan, there has been great discus- rorists so easily could’ve been our own. We mitted to the UN in 1973 and later unified and sion over a proposed amendment to its 1992 owe it to the fallen to press on and take hold North and South Korea admitted in 1991 show law ‘‘On Freedom of Religion and Religious of all that our forefathers fought for and that Taiwan could be given membership to the Associations.’’ The Kazakh Government has dreamed we would live to enjoy. As a nation, U.N. without prejudice to the final resolution of been responsive to critiques of the law and re- Americans have always shown strength the differences between the People’s Republic moved it from consideration during this past through adversity. of China and the Republic of China. summer. Furthermore, it has listened to the I commend Major Hogan for his service and Taiwan’s 23 million citizens deserve mean- comments made by the OSCE Advisory Panel I thank his family for raising a man whose ingful participation in the United Nations and and modified some of the more troubling sec- heart was to give his all for his country. His the benefits that would accrue to world peace tions of the proposed law. However, concerns presence will be missed and his legacy will and stability if Taiwan were formally brought still exist in the area of registering Islamic reli- not be forgotten. into the community of nations. gious groups by the Kazakhstan Moslem Spir- f f itual Administration. It seems likely that with the various Islamic religious groups that are at SUPPORT FOR TAIWAN’S DEPARTMENTS OF LABOR, odds over purely theological issues, registra- PARTICIPATION IN THE U.N. HEALTH AND HUMAN SERVICES, tion could be denied for merely being out of AND EDUCATION, AND RELATED favor with the Spiritual Administration. This is HON. FRANK PALLONE, JR. AGENCIES APPROPRIATIONS problematic; religious organizations should not OF NEW JERSEY ACT, 2002 be denied registration solely on the basis of IN THE HOUSE OF REPRESENTATIVES their religious beliefs. Before the proposed law Friday, October 12, 2001 SPEECH OF is reintroduced, I hope Kazakhstan will ad- Mr. PALLONE. Mr. Speaker, the horrific HON. BILL SHUSTER dress these issues, so as to ensure its compli- events of September 11 underscore the re- OF PENNSYLVANIA ance with all OSCE commitments. newed importance for democracies of the IN THE HOUSE OF REPRESENTATIVES The Kyrgyz Republic is currently considering a proposed law entitled ‘‘On Freedom of Con- world to stand together in the fight against ter- Thursday, October 11, 2001 rorism. science and Religious Organizations,’’ which The United Nations serves as a vital forum would replace the 1991 Law on Freedom of in the effort to eradicate terrorism once and for The House in Committee of the Whole Religion and Religious Organizations. In the all. Unfortunately, one of the most vibrant de- House on the State of the Union had under Kyrgyzstan’s short history of independence, it consideration the bill (H.R. 3061) making ap- mocracies in the world that is willing and eco- has consistently joined international human propriations for the Departments of Labor, rights covenants. As one of the 55 partici- nomically capable of aiding with the efforts Health and Human Services, and Education, against terrorism has consistently been denied and related agencies for the fiscal year end- pating States in the OSCE, the Kyrgyz Repub- re-admission to the U.N. Taiwan is a democ- ing September 30, 2002, and for other pur- lic agreed to abide by the Helsinki Final Act racy with a strong economy, commitment to poses: and all subsequent agreements, in which clear human rights and support for fundamental Mr. SHUSTER. Mr. Chairman, my vote in language concerning religious freedom exists. freedoms. Its GNP and population are larger favor of the Labor-HHS Education Appropria- This new legislation, made long before the than three-quarters of the existing member tions bill was not recorded. I am here to make events of September 11, was in response to countries of the U.N. On behalf of its 23 mil- sure that I am on record as officially sup- real fears about terrorism. With religion often lion people, Taiwan should be allowed mem- porting this bipartisan bill. Chairman REGULA being used as a guise to legitimize criminal bership in the United Nations. and Ranking Member OBEY crafted a fine bill, activities, I recognize the genuine concerns of Both Houses of the U.S. Congress, with proven by the fact that 85 percent of this Kyrgyz authorities about religious organiza- broad bipartisan support, have repeatedly en- Chamber supported it. I congratulate the chair- tions existing in their country. However, while dorsed Taiwan’s desire for participation in the man and ranking member in their efforts and the United States has new understanding of United Nations and in other international orga- want to let them know that I too am supportive the threat of terrorists, I want to encourage the nizations including the World Health Organiza- of their efforts. Kyrgyz Republic from overreacting and unnec- essarily limiting religious freedom. tion, the Asian Development Bank, admission f to the Asia-Pacific Economic Cooperation While the current law on religion is generally Group and the World Trade Organization. The KAZAKHSTAN AND THE KYRGYZ in line with its OSCE commitments, it is my Taiwan Policy Review of 1994 mandated over- REPUBLIC concern that if the new law is enacted, whelmingly by Congress expressed strong Kyrgyzstan will no longer be in compliance support for a more active policy in support of HON. ZACH WAMP with its international obligations. This is espe- Taiwan’s participation in international organi- OF TENNESSEE cially true concerning the provisions address- zations. On May 24, 2000, the House passed IN THE HOUSE OF REPRESENTATIVES ing registration of religious groups. In its cur- H.R. 444 advocating Taiwan’s full membership rent form, the draft law’s use of registration re- Friday, October 12, 2001 into the WTO. quirements appears complex, confusing and Taiwan has built one of the most consist- Mr. WAMP. Mr. Speaker, in the rugged re- convoluted. The two step process of reg- ently solid economies in the world and its peo- gion of Central Asia, two nations have been istering religious groups appears to be more ple enjoy one of the highest standards of living dealing with proposed changes to current reli- an exercise for government involvement rather in Asia. It ranks as the seventh largest trading gion laws. In both Kazakhstan and the Kyrgyz than a well outlined procedure for recognizing partner to the United States. Using its eco- Republic, new religion laws have emerged religious communities. The vague requirement nomic success, Taiwan has served as a partially in response to real concerns about of ‘‘record-keeping’’ registration is especially model for other nations by assisting devel- terrorism and state security. After the events problematic, as it could serve as a major ob- oping economies and by contributing to inter- of September 11, our whole country has a stacle for successful registration that the gov- national organizations. very clear understanding of the threat terror- ernment can utilize to block an application. Having elected Chen Shui-bian—the first ists pose. Still, our commitment to democracy Clear and transparent guidelines would be a member of the opposition to assume the Pres- and religious freedom stands firm. superior way to prevent arbitrary tampering by

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.031 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1883 government officials in the process of registra- Guam shares geographic proximity and ances- by the disastrous acts of September 11, 2001. tion. tral ties with the Northern Marianas. Therefore, On September 20, 2001, the staff and stu- In closing, I hope both the Kazakh and it is only proper that this bill is introduced for dents relocated to Norman Thomas High Kyrgyz Governments will be mindful of 1989 our Pacific neighbors. I have other legislation School, on 33rd Street in midtown Manhattan. Vienna Concluding Document, (para 16.3), pending that would afford the CNMI a Dele- It is a demonstration of the high level of pro- which states that governments are obligated to gate to this House, but until such a proposal fessionalism of all staff members that students ‘‘grant upon their request to communities of becomes a reality I believe it is my obligation have returned to school and are currently pro- believers, practicing or prepared to practice to help their cause in Washington, DC. gressing with their studies while receiving their faith within the constitutional framework This legislation is timely and needed. In the counseling and care from their dedicated of their states, recognition of the status pro- weeks following the tragic events and terrorist teachers and staff members. vided for them in their respective countries.’’ attacks of September 11, our Nation has been The courage, vigilance, valor, and bravery f focused on strengthening our homeland secu- shown by the staff of the High School of Eco- rity. As we continue to reevaluate and reas- nomics and Finance in their attentive super- PERSONAL EXPLANATION sess our preparedness capability, I hope that vision of the students are admirable. Similarly, we take the opportunity to pass this legislation the swift return to school and the teaching, HON. DONALD A. MANZULLO for the benefit of our national security and for mentoring and guiding of the students through OF ILLINOIS equal protection for all jurisdictions under the this terrible time is deeply commendable. IN THE HOUSE OF REPRESENTATIVES U.S. flag. The events of the past month have I heartily commemorate and congratulate illustrated the detriments to communities with- the staff of the High School of Economics and Friday, October 12, 2001 out National Guard units. While the Federal Finance for all that they have done on behalf Mr. MANZULLO. Mr. Speaker, this last Aviation Administration has established new of their students, city and country. I thank Wednesday, on rollcall vote No. 375, I want it and more stringent aviation security require- them all for their truly courageous leadership. to be in the RECORD that I was present on the ments, the task of providing security for the f House floor, and I did vote in favor of that bill. CNMI’s three principal airports has been borne Unfortunately, there was a malfunction with solely by civilians from the Northern Marianas. TRIBUTE TO LEONARD F. SPRINGS the House voting machine, and it did not While other governors across the nation were record my vote. able to activate their guard units, the CNMI HON. JAMES E. CLYBURN f was not afforded this option. This legislation OF SOUTH CAROLINA would correct this oversight and extend to the IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO MR. ERIC BENNETT CNMI the centuries old American tradition of Friday, October 12, 2001 having its citizenry contribute towards the de- HON. DALE E. KILDEE fense and security of their homeland. Mr. CLYBURN. Mr. Speaker, I rise today to OF MICHIGAN In conclusion, I want to thank the Resident pay tribute to Mr. Leonard F. Springs II, a na- IN THE HOUSE OF REPRESENTATIVES Representative of the CNMI, Juan Babauta, tive of South Carolina who will be honored this evening during the annual meeting of the Friday, October 12, 2001 for bringing this issue to my attention and for his diligence in working on behalf of his peo- South Carolina State Conference of the Na- Mr. KILDEE. Mr. Speaker, I rise today to ex- ple. He had the foresight to raise this issue tional Association for the Advancement of Col- press my condolences and sympathies to the with the National Guard Bureau long before ored People (NAACP). Tonight’s Leadership family of Eric Bennett. On September 11, Eric recent events. He has long maintained an in- Tribute is a component of the 2001 Civil Bennett was in a business conference on the terest in establishing a National Guard unit Rights Conference, which commemorates the 102nd floor of tower one in the World Trade trained and equipped to protect the life and 60th annual Convention of the South Carolina Center when American Airlines flight 11 property of CNMI citizens, while providing to State NAACP. I am pleased to join the South crashed into the 89th floor. the Nation a force ready to defend the United Carolina State NAACP in honoring my good Eric Bennett, 29 years old, grew up in Gen- States and its interests. friend and ‘‘soulmate’’, ‘‘Lenny’’ Springs. Leonard Springs, II—Senior Vice-President esee Township and moved to New York City f after college to pursue a successful career in of Corporate Relations at First Union Corpora- computer programming. According to his par- IN HONOR OF THE HIGH SCHOOL tion—is a graduate of Voorhees College, Den- ents and those fortunate enough to know him, OF ECONOMICS AND FINANCE mark, South Carolina and the University of Eric possessed a determination to succeed South Carolina. He has dedicated more than and a passion for life. HON. JERROLD NADLER 25 years of his life to developing and man- Shortly after learning that Eric was missing, OF NEW YORK aging community reinvestment programs in Elizabeth and Terry Bennett traveled to New IN THE HOUSE OF REPRESENTATIVES the banking industry and non-profits sector. York City to search the hospitals for their son. Dollars and Sense Magazine affirms that he is Friday, October 12, 2001 Unfortunately, Eric’s parents were unable to ‘‘one of America’s top corporate officers.’’ In find him and they have now accepted the fact Mr. NADLER. Mr. Speaker, I rise today to 1988, Mr. Springs became Vice President, that he did not survive the attack. honor the staff of the High School of Econom- Corporate Affairs Relations at First Union Na- On behalf of the people in the Ninth District ics and Finance for their outstanding response tional Bank of Georgia and held that position of Michigan, I would like to extend my to the tragedy of September 11, 2001. Situ- until 1990. During his service in Atlanta and thoughts and prayers to Eric’s family and ated just one block south of the World Trade with his energetic leadership, Mr. Springs friends. A memorial service celebrating Eric Center, the High School of Economics and Fi- made a truly significant impact throughout the Bennett’s life will be held at the Elks Club in nance was the closest school to the epicenter minority business community. As a board Grand Blanc Township on October 14 from 2– of the horrifying disaster of September 11th. member of the Atlanta Mortgage Consortium, 5 p.m. The administrators, teachers, guidance coun- he initiated efforts to make affordable housing f selors, school safety and support staff of the accessible to low-income citizens. He also school took immediate, efficient, and lifesaving served as Chairman of the Economic Develop- INTRODUCTION OF THE CNMI action to protect all 750 students in their care. ment Committee for the city of Atlanta Main NATIONAL GUARD ACT Their praiseworthy efficiency in evacuating Street-Auburn Avenue Project. all 750 students from their building deserves Included among his many achievements, HON. ROBERT A. UNDERWOOD an enormous debt of gratitude from our com- are designing and implementing programs, OF THE VIRGIN ISLANDS munity. The staff members mobilized imme- procedures and practices to ensure compli- IN THE HOUSE OF REPRESENTATIVES diately to protect the safety, welfare and well- ance with regulations of the Community Rein- being of all students in the most professional vestment Act (CRA); creating a CRA training Friday, October 12, 2001 fashion possible. So closely situated near module in conjunction with the American Mr. UNDERWOOD. Mr. Speaker, today I ‘‘ground zero,’’ there is no question that the Banking Association; developing a number of am introducing legislation authorizing the es- staff’s organized evacuation saved countless commercial lending programs for small busi- tablishment of a National Guard unit for the lives. nesses; developing a CRA procedure manual; Commonwealth of the Northern Mariana Is- The building housing the High School of Ec- and authoring a column for ‘‘Money Matters’’ lands (CNMI). As my colleagues may know, onomics and Finance was heavily damaged magazine. Mr. Springs is recognized as a

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.035 pfrm13 PsN: E12PT1 E1884 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 leading authority on banking information I cannot begin to express how saddened I am IN RECOGNITION OF THE COUNTY throughout the Carolinas. by the passing of my friend Tony Martinez. All OF OCONTO Mr. Springs embarked upon his professional men die, but not all men really live; we can career in 1974 as a Field Representative of honestly say that Tony lived. He was a model HON. MARK GREEN the Labor Education Advancement Program of citizen, community leader, father, grandfather, OF WISCONSIN the Columbia Urban League in South Caro- great-grandfather, and an extraordinary man. IN THE HOUSE OF REPRESENTATIVES lina. Two years later he became Executive Di- rector of the Greenville Urban League where Tony Martinez was born in Colton but lived Friday, October 12, 2001 he remained with the Greenville Urban League in Redlands for most of his life. Tony was a Mr. GREEN of Wisconsin. Mr. Speaker, for seven years. He later became Assistant remarkable example of humanity. He left high today I recognize and honor Wisconsin’s Vice President of Community Relations for school at sixteen to start his own trucking Oconto county one of the most naturally beau- Southern Bank & Trust in Greenville. Mr. company, and until the day he was drafted to tiful areas of our country. On November 4, the Springs would further advance his career by fight in World War II, he hauled fertilizer, fruits, county will celebrate its 150th anniversary. accepting a similar position with First Union and vegetables from Mexicali to Los Angeles. Oconto has a rich history of Menominee In- National Bank of South Carolina in 1985. When Tony returned from the war he moved dian, French and English settlers. The industry Serving as a member of the NAACP Na- to East Los Angeles, where he had his first of Oconto through its early history changed tional Board of Directors, he lead the search taste of politics. from fur trading to lumber. In 1848, Wisconsin to obtain the association’s current national The California Community Service Organi- gained statehood, putting Oconto one step president, Kwisei Mfume. Mr. Springs profes- closer to formation. In 1850, census data zation was in its infancy and Ed Roybal, later sional affiliations and board appointments, showed that the region of Oconto held 415 to become Congressman and the father of past and present, are reflective of his out- residents. On November 4, 1851 the first elec- Californian Latino politics, needed good men standing service to various communities and tion was held to found Oconto County, estab- include: Channel WTVI Board of Directors and women to help fight for Latino civil rights. lishing the county seat in the small mill settle- which oversees the Charlotte Mecklenburg Tony Martinez jumped headfirst and worked ment of Oconto. Public Broadcasting Authority; Charlotte Audi- alongside the likes of Ed Roybal and Cesar In the twentieth century, lumber companies torium-Coliseum Convention Authority Board Chavez to improve the lot in life of the aver- were the largest businesses in the region pro- of Directors; Presidential Administrative Ap- age Latino. In the words of Congressman Ed ducing more than 60 million board feet of lum- pointee to the US Department of the Treasury Roybal, ‘‘Tony is a man of great integrity . . . ber per year. This lumbering tradition exempli- Bank Secrecy Advisory Group; Vice Chairman active in community affairs.’’ Tony and Ed fies the hard working drive and dedication of of the South Carolina Human Affairs Commis- knew each other for over forty years and held the people of Oconto. sion during my tenure as Commissioner; each other in the highest esteem. Through the years Oconto’s business and Chairman, NAACP Special Contribution Fund Tony Martinez moved to Redlands in 1952 commerce has increased due to the ingenuity Board of Trustees, Past President, Founder and since then became a fixture of the com- and productivity of its citizens. From Oconto to and Board Member of the Charlotte Chapter of munity. He worked hard every day to provide Townsend, Lena to Lakewood, Gillett to Moun- 100 Black Men, Inc.; Board Member of Central to his family and to improve his community. In tain and everywhere in between, we see those Carolina Urban League; National Alliance of 1973 he helped save the local Head Start pro- characteristics manifesting themselves in the Business Southeast Regional Board; Business gram and soon after dedicated himself to the people and progress in Oconto County. Policy Review Council; Board of Directors, building of a community senior center. Tony Today, educators, doctors, business owners, Carolinas Minority Supplier Development was unyielding and unwavering in his dedica- loggers, and state employees all make up a Council Inc.; Past President, Voorhees Col- strong and vibrant Wisconsin community tion to this dream and his community. Tomor- lege National Alumni Association; member, called Oconto. row, the Redlands Community Center/Senior National Urban Bankers Association; Southern On this sesquicentennial of the inception of Nutrition Center will celebrate Tony’s life to Region Board of Directors, Boy Scouts of Oconto County, I offer my congratulations to America; Barber-Scotia College Board of Visi- thank him for his selfless dedication. Although the county and its residents. Oconto is a true tors; Johnson C. Smith University Board of he was defeated three times for Redlands City representation of our Wisconsin spirit and val- Visitors; Elizabeth City State University Board Council, he never lost his faith in the commu- ues in industry, business, and its people. of Trustees; Florida Memorial College Board nity or the democratic process. In fact, he was f of Directors; South Carolina State University one of the leading voices in a successful ballot Foundations Board of Directors; and Spirit measure to create city council wards, after the TRIBUTE TO ANNA MARIA ARIAS Square, Charlotte, NC, Board of Directors. city council voted to eliminate them. Mr. Speaker, I ask you to join me today in Thanksgiving is a time of the year for family HON. GRACE F. NAPOLITANO honoring Leonard F. Springs II, a personal unity and to thank the blessings God has OF CALIFORNIA friend and former employer, for his contribu- given us. Predictably, Tony had his own way IN THE HOUSE OF REPRESENTATIVES tions to the business community, involvements to thank God for all his blessings; his daughter Friday, October 12, 2001 in community revitalization, and overall public Anita remembers, ‘‘I was seven years old and service. I sincerely thank Mr. Springs for the Mrs. NAPOLITANO. Mr. Speaker, I rise saw my dad dressed as Santa Claus taking dedicated service he has provided to the citi- today with a heavy heart to honor the memory pictures with the local kids and then he would zens of South Carolina and the noteworthy of an exceptional woman, Anna Maria Arias. make us all race over to the community center contributions he has made to minority busi- On Monday, October 1, 2001, Anna Maria lost ness development throughout the nation. I to hand out turkeys to poor families.’’ If Tony a seven-year battle against aplastic anemia congratulate him on his recognition by the was not busy showing the kids at the Boys and passed away from complications related South Carolina Conference of Branches of the and Girls Club to box, he was busy with his to a bone marrow transplant procedure at MD NAACP and wish him good luck and God- home-operated charity to fight poverty and Anderson Medical Center in Houston, TX. speed in all of his future endeavors. hunger—Su Casa de Amistad. Not a single Anna Maria Arias was born on July 12, 1960 in San Bernardino, California. She at- f day was ever wasted. Tony used to say, ‘‘any- one staying in front of the TV drinking beer is tended San Diego State University but her TRIBUTE TO THE LATE TONY not going to last on this world.’’ Tony Martinez passion for media and journalism eventually MARTINEZ is proof that we can live life to the fullest until led her to Hawaii Pacific University where she our last day. At the age of 82, until the day he received a Bachelor of Arts degree in commu- HON. JOE BACA died, he worked tirelessly for his community. nications. When she was offered a Congres- OF CALIFORNIA We will all miss you. sional Hispanic Caucus Institute Fellowship to IN THE HOUSE OF REPRESENTATIVES Washington, D.C. Anna Maria saw her oppor- Tony Martinez is survived by his wife Rosa tunity. She accepted the CHCI fellowship and Friday, October 12, 2001 Martinez, five children (Tony, Michael, Re- was assigned to the Washington, D.C. bureau Mr. BACA. Mr. Speaker, it is with regret and becca, Maria, and Anita), eight grandchildren, of CNN where she became part of the produc- deep sadness that I rise to honor Tony Mar- and three great-grandchildren. Tony is irre- tion team at CNN’s Crossfire program. tinez, former constituent from Colton, Cali- placeable and we will not live one day without As the founder and president of Arias Com- fornia who passed away on October 4, 2001. remembering this kind and gentle man. munications, Anna Maria enjoyed a varied and

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.040 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1885 accomplished communications career. She RECOGNITION OF PUBLIC SAFETY THE INTRODUCTION OF LEGISLA- worked as a radio news anchor, news-writer, AND MILITARY PERSONNEL EF- TION THAT WILL AMEND THE and as a media and campaign organizer for FORTS ON SEPTEMBER 11 TRANSPORTATION EQUITY ACT presidential and local candidates at the Demo- cratic National Committee. Anna Maria honed HON. ROBERT L. EHRLICH, JR. her publishing skills and earned the respect of HON. CURT WELDON OF MARYLAND her peers during her five years as managing OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES editor for Hispanic Magazine. Her editorial di- IN THE HOUSE OF REPRESENTATIVES Friday, October 12, 2001 rection and keen insight into the issues affect- Mr. EHRLICH. Mr. Speaker, I rise today to ing the Hispanic community were instrumental Friday, October 12, 2001 announce the introduction of legislation that in making the publication one of the most re- Mr. WELDON of Pennsylvania. Mr. Speaker, will amend the Transportation Equity Act for spected media vehicles in the Hispanic mar- the 21st Century (‘‘TEA–21’’) (Pub. L. 105– I rise today to recognize the efforts of Amer- ket. 178) to provide states with flexibility in com- ica’s public safety and military personnel plying with the minimum penalties for repeat In October of 1994, she launched a brand whose heroic actions at the Pentagon, the offenders for driving while intoxicated or driv- new, long awaited Hispanic publication and fit- World Trade Center and the Pennsylvania site ing while under the influence (23 U.S.C. tingly named it Latina Style Magazine. To this saved countless lives. As the Chairman of the § 164). The bill I am sponsoring is based upon day, the magazine remains the only national House Armed Services Procurement Sub- recommendations made by the National Asso- publication that is one hundred percent Latina- committee and the founder of the Congres- ciation of Governors’ Highway and Safety owned. With a circulation of 150,000 and a sional Fire Services Caucus, I know well the Representatives in their report entitled ‘‘Taking readership of more than 600,000, Latina Style overwhelming situations our civilian and mili- the Temperature of TEA–21: An Evaluation Magazine is the first national magazine that tary responders faced. That they persevered and Prescription for Safety.’’ covers issues pertinent to the contemporary, in the face of this tragedy is a testament to the Under current federal law, the definition of a ‘‘repeat intoxicated driver law’’ includes a 1- professional, Hispanic working-woman from a dedication of these public servants. Latina point of view. year ‘‘hard’’ suspension of the repeat offend- All of these personnel, whether local, state er’s driver’s license; impoundment or installa- Anna Maria wanted to make Latina Style or federal, civilian or military, paid or volun- tion of an ignition interlock system of the indi- Magazine not just a medium to express Latina teer, deserve the applause of this body. To vidual’s motor vehicles; an assessment of the society and culture, but also a source of valu- highlight their combined efforts I wish to rec- individuals alcohol abuse and treatment; and able information to the Latina professional, ognize three individuals. Their efforts rep- community service and imprisonment (23 business owner, and college student to help resent the heroic actions of the thousands U.S.C. § 164(a)(5)). If a state does not enact them succeed in their endeavors. Anna who responded to the calls for help on Sep- a repeat intoxicated driver law compliant with § 164(a)(5), the Department of Transportation Maria’s passion and commitment bore fruit tember 11 and throughout the days following when Latina Style Magazine was selected by transfers 1.5 percent of funds under § 104(b) the attack. to § 402. the National Association of Hispanic Publica- Volunteer firefighter/paramedic Eric Jones, In my view, there are two reasons why Con- tions as the Outstanding English or Bilingual Army Staff Sgt. Christopher Braman, and Ma- gress should improve the current law. First, a Magazine for 1999. During the same year, rine Corps Major Dan Pantaleo were featured 1-year ‘‘hard’’ suspension, in many cases, Anna Maria was honored by the Greater rescuing a Marine Corps flag from the burning does not sufficiently deter repeat drunk drivers Washington Hispanic Chamber of Commerce Pentagon on the front pages of newspapers from driving under the influence. While a 1- with the 1999 Entrepreneur of the Year Award and magazines around the world. It is this year suspension looks good on paper, statis- and by the Changing Images in America tics, sting operations, and just plain common- image that will remain in our memories as a Foundation with the Entrepreneurship Award, sense reflect the notion that suspended driv- symbol of American patriotism, unity and Everyone who knew Anna Maria will tell you ers continue to drive illegally on our roads. For strength. example, the National Highway Traffic Safety that from her youth, she was one of the most In the days following the publication of their Administration estimates that 70 percent of in- dedicated individuals they had ever met. Once picture, they received many requests for press dividuals with revoked licenses continue to she set her sights on something, there was no interviews. They declined each of these re- drive. Second, transferring funds from one stopping her. When family and ftiends asked quests, because as true public servants, they transportation account to another may moti- why she was choosing to undergo the com- neither expect nor desire any recognition for vate some states to adopt new laws; however, plicated bone marrow surgery, Anna Maria the overall experience since TEA–21 enact- their efforts. What few know is that these indi- simply said, ‘‘I have to do this, we have impor- ment is that many states simply find ways to viduals, through their countless acts of brav- tant work to do and this thing keeps getting in shift funds within their own accounts. ery, not only saved the flag, but also many the way.’’ That was Anna Maria, totally de- Accordingly, I am introducing legislation that Americans. At 9:40 A.M. on September 11 all voted to her work and committed to serving will require states to continue to enact a 1- three were called by destiny to perform heroic others. year ‘‘hard’’ suspension; however, the suspen- feats. As fire raged through the Pentagon, Mr. sion may be modified if states mandate the Last Sunday, I attended Anna Maria Arias’ Jones, Staff Sgt. Braman, and Major Pantaleo use of an ignition interlock system. My own memorial mass at the Church of Guadalupe rushed inside. These three men along with all state of Maryland has proven this policy to be and her burial ceremony at Mt. View Ceme- the public safety and military personnel at the an effective tool in the fight against drunk driv- tery, in San Bernardino, CA. Her husband scene were responsible for rescuing hundreds ing. Further, this legislation reflects my philos- Robert Bard and her mother Rita Valenzuela of men and women injured by the explosion, ophy of providing states with flexibility over laws of public safety. spoke of the tremendous courage and deter- the building collapse and burning jet fuel dur- mination of one so young. I encourage all members to join with me in ing the first minutes following the attack. After supporting this legislation. Mr. Speaker, I ask all my colleagues to the injured had been saved, they remained on f please join me in honoring the life and the site for many days to recover the bodies achievements of a great Latina role model and of those who perished. ‘‘IN HONOR OF MICHELE KRAGAN BALABAN’’ leader, Anna Maria Arias. She has, by exam- I salute all Americans who answered the ple, inspired generations of young Latinas to call for help on September 11. I am especially reach for their dreams. Her enthusiasm, her proud to highlight Eric, Christopher and Dan HON. MICHAEL M. HONDA OF CALIFORNIA zest of life, her caring nature, and love for her as examples of our public safety and military IN THE HOUSE OF REPRESENTATIVES family, friends and co-workers will never be personnel whose contributions saved thou- forgotten. Anna Maria, amiga querida, dios te sands from succumbing to the consequences Friday, October 12, 2001 Ilamo y nos dejoste un gran vacio. Adios. of these terrorist attacks. Mr. HONDA. Mr. Speaker, I rise today to honor Michele Kragan Balaban for her long

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.045 pfrm13 PsN: E12PT1 E1886 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 and distinguished record of service to the Sil- on July 31, his heirs will receive no com- and other rescuers helping in the aftermath of icon Valley Jewish community. This Saturday, pensation for all of the expenses incurred dur- the Sept. 11 destruction of the World Trade I will be joining many friends and community ing the month of July. If that person had died Centers. members to celebrate the thirtieth anniversary on August 1 instead, he or she would have re- The Phoenix team, which consists of rescue of Hillel of Silicon Valley at ‘‘Hillel Goes to Hol- ceived full coverage for the previous month. In and technical specialists, doctors, paramedics, lywood,’’ a gala which will benefit this campus some cases, when the Social Security Admin- canine search specialists, logistics specialists, organization that fosters Jewish identity and istration is not told of the death in time to stop structural engineers, hazardous materials spe- connections at eight colleges and universities the payment, family members of the deceased cialists, a chaplain and task force managers, in the South Bay Area. Michele, known to must return the check for the month. It is noth- was among the group of rescuers summoned many as ‘‘Mishy,’’ was selected as this year’s ing short of disgraceful to add the psycho- to New York City by the Federal Emergency distinguished guest of honor for her many con- logical stress of dealing with complex financial Management Agency to assist public safety of- tributions to Hillel of Silicon Valley and the en- legalities to family members who are already ficials. Although they knew a grim task was tire South Bay Area Jewish community. grieving for a loved one. before them, they considered it to be an honor Mishy Balaban has contributed to the I support legislation that would entitle an in- to be selected to help out in this time of na- growth of numerous Silicon Valley Jewish or- dividual to benefits proportionate to the num- tional tragedy. Eagerly, they awaited to be ganizations. She served for many years as a ber of days during the month that he or she called to duty in New York City and once they member of the Allocations Committee, and lived. One of my distinguished colleagues has were called, they transported a cache that in- then as campaign chair and president of the already introduced a bill to this end, H.R. 210, cluded 60,000 pounds of specialized equip- Women’s Division, of the Jewish Federation of the Social Security Descendent’s Family Relief ment, making them fully self-sufficient upon ar- Greater San Jose. She was also a member of Act of 2001. It makes much more sense that rival at the scene of the World Trade Center. the Yavneh Board of Trustees, and helped to if a person lives until July 15, he should re- Upon arrival, the Phoenix team tirelessly establish Yavneh’s Technology Fund. Last ceive compensation for those 15 days. and passionately used their expertise to help year, in her capacity as president of the In addition to this unreasonable benefit sys- other firefighters and public safety officials dig Yavneh Parent Association, she made great tem, the $255 lump-sum available to families through the rubble for survivors and bodies of strides in revitalizing that organization. of the deceased is woefully inadequate. The the victims. They remained focused on the Under Mishy’s guidance as president of the $255 sum, which was provisioned in 1981 and task, knowing that some of the victims would Advisory Board of Hillel of Silicon Valley, the was a modest sum at that time, is not even re- be other firefighters, police officers or public chapter expanded to include students at the motely close to meeting the expenses families safety officials. Surrounded by human tragedy, College of San Mateo, De Anza College Ever- face in the 21st century. What cost $255 in they steadfastly worked for a week assisting green College, Foothill College, San Jose City 1981 costs over $513 today. Surely it is not where they could. College, Santa Clara University, and West unreasonable for families to expect an infla- Personally, I was very moved when I visited Valley College, in addition the pre-existing tion-adjustment for that benefit. Furthermore, the World Trade Center disaster site on Sept. members at San Jose State University. This the average retired worker receives $845 in 22 and ran into this team from my hometown. expansion also included a move to a new social security monthly benefits. Clearly a I was filled with pride to see them at work in home, significantly increased professional and $255 lump sum does not compensate for this New York, knowing that they were helping volunteer staffing levels, and affiliation with amount. And, according to the National Fu- America, again, in its time of need. As you International Hillel, the Foundation for Jewish neral Directors Association, the national aver- may know, AZTF–1 also was called to duty to Campus Life. age cost of a funeral is $5700. Families need Oklahoma City after the bombing in 1995. The evolution of Hillel of Silicon Valley into more, not less, money at this time. Most of us don’t have dangerous jobs and a full-fledged institution of the Jewish commu- My bill would increase the amount of the will probably never face the devastation seen nity can be greatly attributed to the continuing lump sum benefit from $255 to $1000. That at the World Trade Center. But everyday, fire- dedication of Mishy Balaban. She has put her equates to a net gain of $745, compared to a fighters risk the greatest gift of all—their community before her own needs, and set the potential loss of up to $845 under the current lives— to save lives. They do it unhesitatingly standard for volunteer leadership. Mishy is the system should an individual die towards the and with a sense of duty. The incidents of recipient of the ‘‘Exemplar of Excellence end of the month and thus fall victim to pro- Sept. 11 were very tragic, but the united effort Award’’ from International Hillel for her work rating. by all firefighters and emergency service work- with Hillel of Silicon Valley, which, I think ev- Mr. Speaker, surely one of our most impor- ers who came together on that horrible day eryone in the Silicon Valley Jewish community tant priorities should be to give American fami- will always be an example to all Americans would agree, thrives today thanks in large part lies the money they need and rightfully de- that this country is at its strongest when we to the dedication, love, and energy of this im- serve. It is our duty to correct the discrep- work together. I thank them for that lesson pressive woman. ancies in a flawed process so that all Ameri- and with great pride, I ask you and my col- f cans enjoy the benefits of a system designed leagues to join me in paying tribute to Fire- to help them. I sincerely hope that my col- fighters from Phoenix Fire Department’s Urban INTRODUCING LEGISLATION TO leagues will work with me to ensure the pas- Search and Rescue Team/Arizona Task AMEND THE SOCIAL SECURITY sage of this important legislation. Force-1. ACT f f HON. ALCEE L. HASTINGS TO HONOR THE PHOENIX FIRE DE- STATE OF EMERGENCY AT OF FLORIDA PARTMENT’S URBAN SEARCH BORDER AND RESCUE TEAM/ARIZONA IN THE HOUSE OF REPRESENTATIVES TASK FORCE–1 Friday, October 12, 2001 HON. SOLOMON P. ORTIZ OF TEXAS Mr. HASTINGS of Florida. Mr. Speaker, I HON. ED PASTOR IN THE HOUSE OF REPRESENTATIVES rise today to introduce legislation to amend OF ARIZONA Friday, October 12, 2001 the Social Security Act to increase the max- IN THE HOUSE OF REPRESENTATIVES imum amount of the death benefit lump-sum Mr. ORTIZ. Mr. Speaker, thanks to the gen- Friday, October 12, 2001 from $255 to $1,000. The current benefit is not tleman from Califorfiia, BOB FILNER, for orga- only grossly inadequate but unfairly distrib- Mr. PASTOR. Mr. Speaker, I rise before you nizing this special order series. uted. It is an unjust system that deprives indi- today to honor a group of true American he- Living on the border is never easy. viduals and their families of up to a month’s roes who are a source of great pride for Phoe- NAFTA—commerce in the 1990s—brought worth of compensation. Even when the benefit nix, Arizona and our country. The group of lower unemployment, a larger tax base for is received, it is too little to be of much signifi- people I am speaking about are the Phoenix border communities. cance. It appears that our Social Security sys- Fire Department’s Urban Search and Rescue Like the nation, South Texas affected by na- tem fails to adequately provide for the care of Team/Arizona Task Force-1. Sixty-three mem- tional economy . . . so the economy been our elderly citizens, even when they die. bers of this 200-member team, also known as hurt by the dip in the national economy. Under current law, social security benefits Phoenix Fire AZTF–1 traveled from Phoenix to Increased inspections as a result of height- are not paid for the month in which a recipient New York City on Sept. 19 to offer their assist- ened security have resulted in longer wait dies. For example, if an individual were to die ance to their fellow firefighters in New York times (sometimes more than four hours), that

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.049 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1887 discourage thousands of Mexican citizens who nomic relief for the border communities in the sistance to American farmers. While this has legally cross into the U.S. to shop and conduct upcoming stimulus package. prevented mass bankruptcy among our farm- business along the border. f ers, it has done little to provide them with in- As former law enforcement officer, a border come stability or to give them an assurance member—understand the need for security. IN HONOR OF THE 75TH ANNIVER- that in future years the market will better serve Say this only to illustrate small part of the SARY OF THE VETERAN’S OF them. FOREIGN WARS OF THE U.S.—NA- picture that affects the border economy. The Farm Security Act, H.R. 2646, provides THAN HALE POST NO. 1469 Weekend after the attack on the United American farmers with a secure safety net. States, barge hits the only bridge connecting With this safety net firmly in place, some of South Padre Island to the mainland of South HON. GARY L. ACKERMAN our farmers can plant secure in the knowledge Texas. OF NEW YORK that, while the markets may fail them, America Accident added even more to the burden of IN THE HOUSE OF REPRESENTATIVES will not. The Farm Security Act sends the im- a faltering economy. Friday, October 12, 2001 portant message to our farmers that, because On Wednesday, immigration inspectors you have supported us for so long, so too will began checking the ID of each pedestrian Mr. ACKERMAN. Mr. Speaker, I rise today we support you. I support the Farm Security against databases of 19 federal agencies, to honor the Veterans of Foreign Wars of the Act because it provides the measures nec- adding much more strain to an already difficult U.S., Nathan Hale Post No. 1469. On October essary to ensure that agriculture can play the situation. 16, 2001, the post will celebrate its 75th Anni- same important role in the 21st century that it Finally, with Congress not extending laser versary in Huntington New York. did in the 20th. Chartered by Congress on October 14, visa deadline flow of traffic and commerce However, the reauthorization of our farm 1926, the Post began with a membership of across our borders considerably slower. policy must not be about only agricultural pro- 40 veterans. Included among the original Join my colleagues in asking President duction, but about the long-term viability of our members were veterans of World War I, as Bush to declare a state of emergency along rural communities. The Agriculture Committee well as a veteran of the Spanish—American the border in response to these assorted has been vested with responsibility for all of War who survived the 1898 torpedo attack on body-blows to the border economy. rural America. It is therefore appropriate that the USS Maine. Today, with nearly 800 mem- The hostilities of September 11—and the re- the Farm Bill should include significant compo- bers, Post No. 1469 is the largest Veterans of sulting increased security throughout our na- nents that speak to the specific non-farm Foreign Wars Post on Long Island and tion—affected all of us . . . but they affect struggles of rural America. While it is true that throughout downstate New York. Present those who live on the border most profoundly. the farm economy must be strong for rural members are veterans who proudly served in Need to protect borders—ensure that terror- America to prosper, the farm economy alone World War II, Korea, Vietnam, Lebanon, the ists who would do us harm not enter U.S. via is not enough to prevent the ‘‘great hollowing’’ Gulf War as well as conflicts and actions our neighbors. out of rural America currently taking place. Stories of economic hardship in the past around the globe. The Farm Security Act, by including $2 bil- month are heart-wrenching. The leadership of the Post has been very lion dollars for rural development, recognizes Need for relief along the border in the eco- active in the local level offices as well as the the entire mosaic of our rural communities and nomic stimulus package is evident. County, District and State offices. The current In the Brownsville-Matamoros area: Traffic Commander serves both as Post Commander takes steps to provide for their long-term at bridges has decreased 40% (causing area and Jr. Vice Commander of Suffolk County health. I am especially pleased that the Farm bridges to lose almost $5,000 daily) and busi- which has a total of 48 Posts. Security Act provides significant rural develop- nesses along the border are seeing sharp de- Post No. 1469 has also made outstanding ment funds for water infrastructure and for clines in sales; border crossers face increased contributions, both financially and with their rural strategic planning grants. Without a border wait times for vehicle and pedestrian time and efforts, to the local community. sound public and municipal infrastructure, our traffic; the causeway accident has had a major These include sponsoring the local Boy rural communities can have no economic impact; under-staffing of Border Patrol and Scouts Troop members, holding chairs on the base. Without funds for long-term planning Customs agents continues to cause concern; Town of Huntington Veterans Advisory Board, and implementation, even the soundest of lack of attention and sensitivity to border com- providing scholarships to students in the com- public infrastructures goes to waste. These munity are also concerns; and the laser visa munity and hosting ward parties for veterans two matters fit together for the benefit of our deadline has only exacerbated the situation confined to the local VA hospital. rural communities. I support the Farm Security and will have drastic effects as the holiday I am proud to represent such an exceptional Act, in part, because of the investment that it season nears. Post and wish them many more years of suc- provides in these areas. The Brownsville-South Padre Island airport cess as they celebrate their 75th Anniversary. Finally, I am supportive of this Farm Bill be- is feeling the direct impact of the terrorist at- I ask my colleagues in the House of Rep- cause it recognizes the important connections tack on airport revenue: As is the case else- resentatives to please join me in recognizing between American agricultural producers and where in the country, passenger traffic there is this milestone and congratulating these brave struggling working Americans who work so down about 35%; the airport projects their an- veterans. hard to put food on the table. This bill makes important investments in the Food Stamp Pro- nual cost for new security measures alone f $632,000—an unbudgeted, unfunded cost gram that will make the program more user which equals 35% of the annual airport budg- FARM SECURITY ACT OF 2001 friendly both for those who utilize the Food et, and the overall cost, of all these factors, to Stamp Program and for those who administer SPEECH OF the airport will be $845,000. it. I am especially proud of the measures that Border economies require immediate help. HON. EVA M. CLAYTON this bill takes to support working families who struggle in the low-wage sector of the econ- Low-cost loans and grants, and other forms OF NORTH CAROLINA omy. No longer is it enough just to have a job. of help, are urgently needed. IN THE HOUSE OF REPRESENTATIVES Everything is affected—tourism, airports, In too many cases, a job isn’t a ticket out of maquiladora production and Brownsville mer- Friday, October 5, 2001 poverty but simply the maintenance of it. We chants. Mrs. CLAYTON. Mr. Speaker, the reauthor- must do more to support those working fami- Here is an example of how intertwined the ization of this country’s agricultural policy is an lies who abide by the rules by ensuring that U.S.-Mexican economies are: Mexicans who occasion that we should treat with great seri- their children will not go to bed hungry. come to the U.S. to shop derive much of that ousness and thoughtfulness. If we do not, we This is not to say that I do not have reserva- money from Winter Texans, who cross the turn our backs not only on our agricultural pro- tions with the bill, some of them serious. In border about six times while they are in the ducers, but on all of rural America. fact there are a number of areas where I be- Valley. Recent years have been devastating for our lieve that we can and should improve upon This combination of factors means Winter nation’s farmers. Record low commodity the bill reported out by the House of Rep- Texans will cross less, therefore spend less— prices, increased production overseas, and resentatives on Friday, October 5. with a result of less income for Mexicans to pressures from internal markets and agricul- First, we must do more to pay attention to spend in the U.S. tural consolidation have combined to depress the needs of small, middle-income, and dis- I urge the Ways and Means Committee, as farm income significantly. In recent years Con- advantaged farmers. It is no secret that US well as the House leadership, to consider eco- gress has provided supplemental income as- farm policy has long favored large producers

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A12OC8.052 pfrm13 PsN: E12PT1 E1888 CONGRESSIONAL RECORD — Extensions of Remarks October 12, 2001 who are both politically and economically con- express our sorrow, appreciation and hope. IN HONOR OF THE MIDWEST ASSO- nected to the agricultural community. How- The following RAP poem is one of the numer- CIATION FOR LATIN AMERICAN ever, this trend has grown even more pro- ous attempts to call forth hope out of this un- STUDIES nounced in the years since passage of the precedented devastation. ‘‘Freedom to Farm’’ bill in 1996. A recent re- TOWERS OF FLOWERS HON. DENNIS J. KUCINICH port from the General Accounting Office found Pyramid for our age OF OHIO that the vast majority of US farm payments go Funeral pyre IN THE HOUSE OF REPRESENTATIVES to large producers of a small segment of com- Souls on fire; modities that are grown primarily in the na- Monumental Massacre Friday, October 12, 2001 tion’s heartland. This must change. A farm bill Mound of mourning Mr. KUCINICH. Mr. Speaker, I rise today to should benefit all producers, large and small, Futures burning honor and recognize the Midwest Association in California, in Nebraska, and in North Caro- Desperate yearning for Latin American Studies, MALAS, on their Excruciating churning; lina. For all the hijacked years 51st Annual Conference at Cleveland State We have done an especially poor job of pro- Cry rivers, University. viding assistance to low and medium-income Feel the death chill The Midwest Association for Latin American farmers, producers of specialty crops, and dis- Iceberg of frozen Studies was originally organized as an inter- advantaged and minority farmers. As the Farm Bloody tears; disciplinary program designed to encourage Bill moves forward, we must do more to treat Defiant orations of Pericles students and practitioners of Latin American all farmers equitably. Such an effort should in- Must now rise Studies to come together for formal events volve increased outreach to small and minority Out of the ashes and informal networking. To accomplish this farmers and equitable distribution of farm pay- Jefferson’s profound principles Will outlive the crashes. objective, MALAS organizes national and ments, geographically, by farm size, and by Funeral pyre international annual conferences that address commodity type. If we do not accomplish this, Souls on fire the many themes reflected in the diverse inter- we are negligent in our responsibility to pro- Lincoln’s steel will ests of the membership. This association pro- ducers of all sizes and types. In the fiery furnace; vides for tremendous opportunities for those Finally, I would like to express my dis- Mound of mourning studying Latin America and a great way for appointment that this bill does not do more for Futures burning these people to come together and truly dis- the minority-serving colleges and research in- Desperate yearning; cuss issues. stitutions. The minority-serving institutions Thousands of honored dead The Midwestern Association for Latin Amer- Perished in pain have long played a positive role in advancing But not in vain, ican Studies not only hosts an annual con- the interests of not only the minority agricul- Martin Luther Kings courage ference, but rather works year-round pub- tural community, but of American agriculture Will scrub the stain; lishing newsletters, maintaining list serves, as a whole. The minority-serving institutions, A new nation providing scholarships and awards, and so even more than other institutions, are strategi- Will overcome its rage much more. Throughout the years, the asso- cally placed to ensure that the American agri- And for peace ciation has continued to grow and foster even cultural community enters the 21st century a March forever fully engaged. more activities for its members, and offers diverse and vibrant one. Souls on fire both academic and professional opportunities. Funeral pyre However, the minority-serving institutions Pyramid for our age; The Midwestern Association for Latin Amer- have long suffered from lack of resources and O say can you see ican Studies is an organization that truly em- historic inequities in research and develop- The monument of towers bodies great principles and strongholds of ment funding. As a result, these institutions Ashes hot with anger education, and fosters an environment of have fared poorly in competitively awarded re- Mountain of sacred flowers learning and networking. search grants. For example, a cursory exam- Under God Mr. Speaker, please join me in honoring the ination of the grants awarded under the Na- Blooming with new powers. 51st Annual Conference of the Midwest Asso- tional Research Initiative reveals that, fiscal f ciation for Latin American Studies. The con- year 1999, the 1890s obtained just one half of ference is bound to be a great success. A PROCLAMATION RECOGNIZING one percent of total funding. Clearly, this situa- DONALD R. MYERS f tion warrants closer examination and ameliora- tion. POPULATION AWARENESS WEEK This Farm Bill does nothing to change that HON. ROBERT W. NEY situation and I will continue to work to see that OF OHIO HON. THOMAS H. ALLEN it does. The current bifurcation between the IN THE HOUSE OF REPRESENTATIVES OF MAINE mainstream land-grant institutions and the mi- Friday, October 12, 2001 IN THE HOUSE OF REPRESENTATIVES nority-serving institutions is unacceptable and Mr. NEY. Mr. Speaker, Whereas, Mr. Myers Friday, October 12, 2001 it must change. was born and raised in Martins Ferry, Ohio; The burden now lies squarely with the Sen- and, Mr. ALLEN. Mr. Speaker, Rapid population ate to draft their version of the Farm Bill. I look Whereas, Mr. Myers is one of six Manpower growth and urbanization have become cata- forward to their efforts and to working with Specialists in the United States; and lysts for many serious environmental problems them to achieve a final product which is not Whereas, his expertise has contributed to that are applying substantial pressures on our only fair to American farmers, but to all of the the creation of the Ohio Valley Plaza, Fox country’s infrastructure. This is especially ap- other myriad interests that this Congress must Commerce Industrial Park, Belmont Correc- parent in sanitation, health, and public safety represent with the Farm Bill. tional Institution, Ohio Carings Company, problems, making urbanization an issue we f Mayflower Vehicle Systems, Lesco, and Fox cannot afford to ignore. Cities and urban areas Run Hospital; and today occupy only 2 percent of the earth’s MEMORIAL FOR THE HEROES OF Whereas, Mr. Myers served 16 years as the land, but contain half of the world’s population SEPTEMBER 11TH Director of Development for Martins Ferry, and consume 75 percent of its resources. Ohio, before being named Assistant Director It is therefore important for us to recognize HON. MAJOR R. OWENS of Belmont County in 1987, and then in 1990 the problems associated with rapid population OF NEW YORK serving as Belmont’s Development Director; growth and urbanization. Governor Angus IN THE HOUSE OF REPRESENTATIVES and King has proclaimed the week of October 21– Whereas, Mr. Myers currently serves as the 27 of this year as Population Awareness Friday, October 12, 2001 President of Eastern Ohio Development Alli- Week in the great state of Maine, and I would Mr. OWENS. Mr. Speaker, the horror, pain ance and Ohio Mid-Eastern Government’s As- like to support the Governor in this effort by and anger of the catastrophe of the World sociation; entering his proclamation into the CONGRES- Trade Center Towers on September 11th defy Therefore, I invite my colleagues to join with SIONAL RECORD. description in words. Nevertheless, in memory me and the citizens of Ohio in thanking and Whereas, the world population stands of the thousands who died, poets, musicians recognizing Donald R. Myers for his countless today at more than 6.1 billion and increases and artists of all kinds must make the effort to years of service to the state of Ohio. by one billion people every 13 years; and

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.056 pfrm13 PsN: E12PT1 October 12, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1889 Whereas, the most significant feature of with populations ranging from 250,000 to one stabilize their population growth at sustain- the 20th century phenomenon of unprece- million; and able levels, while at all times respecting the dented world population growth was rapid Whereas, along with advantages and amen- cultural and religious beliefs and values of urbanization; and ities, the rapid growth of cities leads to sub- their citizens. Whereas, cities and urban areas today oc- stantial pressure on their infrastructure, Now, therefore, I, Angus S. King, Jr., Gov- cupy only 2% of the earth’s land, but contain manifested in sanitary, health and crime ernor of the State of Maine, do hereby pro- 50% of its population and consume 74% of its problems; and claim October 21–28, 2001 as Population resources; and Whereas, in the interest of national and Awareness Week throughout the State of Whereas, the most rapid urban growth over environmental security, rations must redou- Maine, and urge all citizens to take cog- the next two decades is expected in cities ble voluntary and humanitarian efforts to nizance of this event.

VerDate 112000 04:40 Oct 13, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 0626 Sfmt 0634 E:\CR\FM\A12OC8.060 pfrm13 PsN: E12PT1 Friday, October 12, 2001 Daily Digest

HIGHLIGHTS The House passed H.R. 2975, to deter and punish terrorist acts in the United States and around the world and to enhance law enforcement investigatory tools. House Committee ordered reported the Economic Security and Recovery Act of 2001. Senate Chamber Action HOMELAND SECURITY Committee on Governmental Affairs: Committee con- Routine Proceedings, pages cluded hearings to examine legislative options to The Senate was not in session today. It will next strengthen homeland defense, after receiving testi- meet on Monday, October 15, 2001, at 3:30 p.m. mony from Senators Graham, Bob Smith, and Spec- ter; Representatives Gilchrest, Harman, and Thorn- Committee Meetings berry; Charles G. Boyd and Stephen E. Flynn, both of the Council on Foreign Relations, Lee H. Ham- (Committees not listed did not meet) ilton, Woodrow Wilson International Center for Scholars, and Thomas H. Stanton, National Academy AFGHANISTAN of Public Administration, all of Washington, D.C.; Committee on Armed Services: Committee met in closed and Gen. Barry McCaffrey, USA (Ret.), BR McCaf- session to receive a briefing on current military oper- frey Associates, Inc., Alexandria, Virginia, former ations in Afghanistan from officials of the Office of Director of National Drug Control Policy, the Secretary of Defense and Joint Chiefs of Staff. TERRORISM PREVENTION TOURISM INDUSTRY Committee on the Judiciary: Subcommittee on Tech- Committee on Commerce, Science, and Transportation: Sub- nology, Terrorism and Government Information con- committee on Consumer Affairs, Foreign Commerce, cluded hearings to examine the role of technology in and Tourism concluded hearings to examine the fi- preventing the entry of terrorists in the United nancial state of the United States tourism industry, States, after receiving testimony from Glenn A. Fine, after receiving testimony from Senators Clinton and Inspector General, and James W. Ziglar, Commis- Kyl; Hawaii Lt. Governor Mazie K. Hirono, Hono- sioner, Immigration and Naturalization Service, both lulu; Mayor Anthony A. Williams, Washington, of the Department of Justice; Mary Ryan, Assistant D.C.; J. W. Marriott, Marriott International, Inc., Secretary of State for Consular Affairs; Steven and John Wilhelm, Hotel Employees and Restaurant Camarota, Center for Immigration Studies, and Employees International Union, both of Washington, David Ward, American Council on Education, both D.C.; Hal Rosenbluth, Rosenbluth International, of Washington, D.C.; Greg Spadorcio and Tony Philadelphia, Pennsylvania; Marilyn Carlson Nelson, Doonan, both of the Automated Fingerprint Identi- Carlson Companies, Inc., Minneapolis, Minnesota; fication Systems/NEC Technologies, Inc., Gold and O. Mason Hurst II, ANC Rental Corporation, River, California; and Paul Collier, Biometrics Foun- Ft. Lauderdale, Florida. dation, Gaithersburg, Maryland.

D1011 D1012 CONGRESSIONAL RECORD — DAILY DIGEST October 12, 2001 House of Representatives Agreed to the Sensenbrenner unanimous consent Chamber Action request to strike section 302, Material Support for Measures Introduced: 21 public bills, H.R. Terrorism, section 303, Assets of Terrorist Organiza- 3108–3128; and 3 resolutions; H. Con. Res. tions, and section 304, Technical Clarification Relat- 248–249, and H. Res. 265 were introduced. ing to Provision of Material Support to Terrorism. Pages H6779–80 Page H6773 Reports Filed: Reports were filed today as follows: The Clerk was authorized to make technical H. Res. 264, providing for consideration of H.R. changes and conforming changes in the engrossment 2975, to combat terrorism (H. Rept. 107–238); and of the bill. Page H6776 H.R. 2336, to make permanent the authority to The House agreed to H. Res. 264, the rule that redact financial disclosure statements of judicial em- provided for consideration of the bill by a recorded ployees and judicial officers (H. Rept. 107–239). vote of 214 ayes to 208 noes, Roll No. 384. Agreed to order the previous question by a yea-and-nay vote Page H6779 of 215 yeas to 207 nays, Roll No. 383. Speaker Pro Tempore: Read a letter from the Pages H6706, H6712–26 Speaker wherein he appointed Representative Earlier, agreed to H. Res. 263, waiving clause 6(a) LaHood to act as Speaker pro tempore for today. of rule XIII (requiring a two-thirds vote to consider Page H6705 a rule on the same day it is reported from the Rules Recess: The House recessed at 9:07 a.m. and recon- Committee) against a special rule providing for con- vened at 11:00 a.m. Page H6706 sideration or disposition of H.R. 2975, to combat terrorism, by a yea-and-nay vote of 216 yeas to 205 Pledge Across America: Pursuant to the order of nays, Roll No. 382. Pages H6706–12 the House of October 11, at 2 p.m. Representative Cox led the House in the Pledge of Allegiance. Legislative Program: Representative Portman an- Page H6726 nounced the legislative program for the week of Oc- tober 15. Pages H6776–77 Terrorism Deterrence: The House passed H.R. 2975, to deter and punish terrorist acts in the Meeting Hour—Tuesday, October 16: Agreed that United States and around the world and to enhance when the House adjourns today, it adjourn to meet law enforcement investigatory tools by a yea-and-nay at 12:30 p.m. on Tuesday, October 17 for morning vote of 337 yeas to 79 nays with 1 voting ‘‘present’’, hour debate. Page H6777 Roll No. 386. Agreed to amend the title. Calendar Wednesday: Agreed to dispense with the Pages H6726–76 Calendar Wednesday business of Wednesday, Octo- By a yea-and-nay vote of 73 yeas to 345 nays, ber 18. Page H6777 Roll No. 385, rejected the Nadler motion to recom- Senate messages: Messages received today from the mit the bill to the Committee on the Judiciary with Senate appear on pages H6712. instructions to report it back to the House forthwith with an amendment that defines the scope of provi- Referrals: S.J. Res. 25 was held at the desk. sions of Title II, Enhanced Surveillance Procedures, Quorum Calls—Votes: Four yea-and-nay votes and to investigations of domestic terrorism or inter- one recorded vote developed during the proceedings national terrorism. Pages H6773–75 of the House today and appear on pages H6712, Pursuant to the rule, the amendment in the na- H6725–26, H6726, H6775, H6775–76. There were ture of a substitute consisting of the text of H.R. no quorum calls. 3108, to deter and punish terrorist acts in the Adjournment: The House met at 9 a.m. and ad- United States and around the world and to enhance journed at 4:36 p.m. law enforcement investigatory tools was considered as adopted. Page H6739 Committee Meetings Modifications to amendment in the nature of a substitute considered as adopted: COMBATING TERRORISM Agreed to Waters unanimous consent request to Committee on Government Reform: Subcommittee on strike section 1001 which dealt with payments of National Security, Veterans Affairs, and International $250,000 to the estates of the 12 citizens killed in Relations held a hearing on ‘‘Combating Terrorism: the 1998 terrorist bombings of the United States Assessing the Threat of Biological Terrorism.’’ Testi- embassies in Kenya and Tanzania and Page H6726 mony was heard from Ray Decker, Director, Defense October 12, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1013 Capabilities Management Team, GAO; and public tor of the Office of Thrift Supervision, Department of the witnesses. Treasury, 2:30 p.m., SD–538. Committee on Commerce, Science, and Transportation: Octo- PATRIOT ACT ber 16, Subcommittee on Communications, to hold hear- Committee on Rules: Granted, by voice vote, a closed ings to examine emergency 911 matters, 10 a.m., rule providing 1 hour of debate on H.R. 2975, PA- SR–253. TRIOT Act of 2001. The rule provides that, in lieu Committee on Energy and Natural Resources: October 18, of the amendment recommended by the Committee Subcommittee on Public Lands and Forests, to hold over- on the Judiciary now printed in the bill, an amend- sight hearings to examine the investigative report of the ment in the nature of a substitute consisting of the Thirtymile Fire and the prevention of future fire fatali- ties, 2:30 p.m., SD–366. text of H.R. 3108 shall be considered as adopted. Committee on Environment and Public Works: October 16, The rule waives all points of order against the bill, to hold hearings to review the Federal Emergency Man- as amended. Finally, the rule provides one motion to agement Agency’s response to the September 11, 2001 recommit with or without instructions. Testimony attacks on the Pentagon and the World Trade Center, 10 was heard from Chairman Sensenbrenner and Rep- a.m., SD–406. resentatives Flake, Castle, Cunningham, Oxley, October 17, Full Committee, to hold hearings on the Forbes, Frank, Berman, Jackson-Lee, Delahunt, Scott, nomination of William Baxter, of Tennessee, to be a Millender-McDonald and Deutsch. Member of the Board of Directors of the Tennessee Valley Authority; the nomination of Kimberly Terese Nelson, of ECONOMIC SECURITY AND RECOVERY ACT Pennsylvania, to be an Assistant Administrator of the En- Committee on Ways and Means: Ordered reported, as vironmental Protection Agency; and the nomination of amended, H.R. 3090, Economic Security and Recov- Steven A. Williams, of Kansas, to be Director of the ery Act of 2001. United States Fish and Wildlife Service, Department of the Interior, 9:30 a.m., SD–406. f October 18, Subcommittee on Fisheries, Wildlife, and CONGRESSIONAL PROGRAM AHEAD Water, to hold oversight hearings to examine innovative financing techniques for water infrastructure improve- Week of October 15 through October 20, 2001 ments, 9:30 a.m., SD–406. Committee on Governmental Affairs: October 17, with the Senate Chamber Subcommittee on International Security, Proliferation and On Monday, at 4:30 p.m., Senate will resume con- Federal Services, to hold hearings to examine federal ef- sideration of the motion to proceed to consideration forts to coordinate and prepare the United States for bio- of H.R. 2506, Foreign Operations Appropriations, terrorism, 9:30 a.m., SD–342. with a vote on a motion to close further debate on October 17, Subcommittee on International Security, the motion to proceed to consideration of the bill to Proliferation and Federal Services, with the Committee on occur at 5:30 p.m. Governmental Affairs, to hold hearings to examine federal efforts to coordinate and prepare the United States for During the balance of the week, Senate may con- bioterrorism, 9:30 a.m., SD–342. sider any other cleared legislative and executive busi- Committee on Health, Education, Labor, and Pensions: Oc- ness, including appropriation bills when available. tober 16, business meeting to consider S. 1379, to amend Senate Committees the Public Health Service Act to establish an Office of Rare Diseases at the National Institutes of Health; S. (Committee meetings are open unless otherwise indicated) 727, to provide grants for cardiopulmonary resuscitation Committee on Armed Services: October 16, Subcommittee (CPR) training in public schools; proposed legislation on Readiness and Management Support, to hold closed with respect to mental health and terrorism, proposed hearings to examine the security of the Department of legislation with respect to cancer screening; H.R. 717, to Defense ammunition shipments, 10 a.m., SR–222. amend the Public Health Service Act to provide for re- Committee on Banking, Housing, and Urban Affairs: Octo- search and services with respect to Duchenne muscular ber 16, to resume hearings to examine the failure of Su- dystrophy; an original bill regarding mental health and perior Bank, FSB, Hinsdale, Illinois, 10 a.m., SD–538. terrorism; an original bill regarding cancer screening; and October 17, Full Committee, to hold hearings on the the nomination of Eugene Scalia, of Virginia, to be Solic- nominations of Susan Schmidt Bies, of Tennessee, and itor for the Department of Labor, 2:30 p.m., SD–430. Mark W. Olson, of Minnesota, each to be a Member of October 18, Full Committee, to hold hearings to ex- the Board of Governors of the Federal Reserve System, amine economic security, focusing on employment-unem- 9:30 a.m., SD–538. ployment issues, 10 a.m., SD–430. October 18, Subcommittee on Housing and Transpor- Committee on the Judiciary: October 17, to hold hearings tation, to hold hearings to examine State and local re- to examine homeland defense matters, 10 a.m., SD–106. sponses to lead-based paint poisoning, 10 a.m., SD–538. October 17, Subcommittee on Immigration, to hold October 18, Full Committee, to hold hearings on the hearings to examine effective immigration controls to nomination of James Gilleran, of California, to be Direc- deter terrorism, 10 a.m., SD–226. D1014 CONGRESSIONAL RECORD — DAILY DIGEST October 12, 2001

October 18, Full Committee, to hold hearings on Strong Federal Law Enforcement Work Force,’’ 1 p.m., pending nominations, 2 p.m., SD–226. 2247 Rayburn. Committee on Small Business and Entrepreneurship: October October 17, Subcommittee on Technology and Pro- 16, to hold hearings on the nomination of Thomas M. curement Policy, hearing on ‘‘Turning the Tortoise Into Sullivan, of Massachusetts, to be Chief Counsel for Advo- the Hare: How Federal Government Can Transition From cacy, Small Business Administration, 10:15 a.m., Old Economy Speed to Become a Model for Electronic SR–428A. Government,’’ 2 p.m., 2154 Rayburn. Committee on Veterans’ Affairs: October 16, to hold hear- October 19, Subcommittee on Government Efficiency, ings to examine the Department of Veterans Affairs’s Financial Management, and Intergovernmental Affairs, Fourth Mission—caring for veterans, servicemembers, and oversight hearing on the Implementation of the Presi- the public following conflicts and crises, 2:30 p.m., dential Records Act of 1978, 10 a.m., 2154 Rayburn. SR–418. Committee on International Relations, October 17, hearing House Chamber on Coercive Population Control in China: New Evidence of Forced Abortion and Forced Sterilization, 10:15 a.m., To be announced. 2172 Rayburn. House Committees October 17, Subcommittee on the Middle East and South Asia, hearing on Developments in the Middle East, Committee on Education and the Workforce, October 16, 2 p.m., 2172 Rayburn. hearing on Economic Recovery and Assistance to Work- October 18, full Committee, hearing on America’s As- ers, 2:30 p.m., 2175 Rayburn. sistance to the Afghan People, 10 a.m., 2172 Rayburn. October 16, Subcommittee on the 21st Century Work- Committee on the Judiciary, October 17, Subcommittee force, hearing on Welfare Reform: Success in Moving To- on Immigration and Claims, oversight hearing on Immi- ward Work, 10 a.m., 2175 Rayburn. gration and Naturalization Service Performance Issues, 10 October 17, Subcommittee on Select Education, hear- a.m., 2237 Rayburn. ing on Prevention and Treatment of Child Abuse and October 18, Subcommittee on Courts, the Internet, Neglect: Policy Directions for the Future, 10 a.m., 2175 and Intellectual Property, oversight hearing on Intellec- Rayburn. tual Property Litigation, 10 a.m., 2141 Rayburn. October 18, Subcommittee on Employer-Employee Re- Committee on Resources, October 16, Subcommittee on lations, hearing on Retirement Security for the American Forests and Forest Health, hearing on H.R. 2963, Deep Worker: Opportunities and Challenges, 2:30 p.m., 2175 Creek Wilderness Act, 3 p.m., 1334 Longworth. Rayburn. October 16, Subcommittee on National Parks, Recre- Committee on Energy and Commerce, October 17, Sub- ation and Public Lands, hearing on the following bills: committee on Commerce, Trade and Consumer Protec- tion, hearing on the State of the U.S. Tourism Industry, H.R. 1963, to amend the National Trails System Act to 10 a.m., 2123 Rayburn. designate the route taken by American soldier and fron- October 18, Subcommittee on Oversight and Investiga- tiersman George Rogers Clark and his men during the tions, hearing on Issues Concerning the Use of MTBE in Revolutionary War to capture the British forts at Reformulated Gasoline: An Update, 10 a.m., 2322 Ray- Kaskaskia and Cahokia, Illinois, and Vincennes, Indiana, burn. for the study for potential addition to the National Trails October 18, Subcommittee on Telecommunications and System; and H.R. 2238, Fern Lake Conservation and the Internet, hearing entitled ‘‘Transition to Digital Tele- Recreation Act of 2001, 10 a.m., 1334 Longworth. vision: Progress on Broadcaster Buildout and Proposals to October 17, full Committee, to mark up the following Expedite Return to Spectrum,’’ 9:30 a.m., 2123 Rayburn. bills: H.R. 483, regarding the use of the trust land and Committee on Financial Services, October 17, Sub- resources of the Confederated Tribes of the Warm Springs committee on Financial Institutions and Consumer Cred- Reservation of Oregon; H.R. 1491, Utah Public Lands it, hearing on deposit insurance reform, 10 a.m., 2128 Artifact Preservation Act of 2001; H.R. 1913, to require Rayburn. the valuation of nontribal interest ownership of subsurface October 18, Subcommittee on Capital Markets, Insur- rights within the boundaries of the Acoma Indian Res- ance, and Government Sponsored Enterprises, hearing en- ervation; H.R. 2115, to amend the Reclamation Waste- titled: ‘‘Protecting Policyholders from Terrorism: Private water and Groundwater Study and Facilities Act to au- Sector Solutions,’’ 1 p.m., 2128 Rayburn. thorize the Secretary of the Interior to participate in the Committee on Government Reform, October 16, Sub- design, planning and construction of a project to reclaim committee on Civil Service and Agency Organization, and reuse within and outside of the service area of the hearing on ‘‘Health Care Inflation and Its Impact on the Lakehaven Utility District, Washington; and H.R. 2585, FEHBP,’’ 1 p.m., 2247 Rayburn. Chiloquin Dam Fish Passage Facility Study Act of 2001; October 16, Subcommittee on Energy Policy, Natural followed by a hearing on H.R. 1239, to establish a mora- Resources and Regulatory Affairs, hearing on ‘‘Natural torium on approval by the Secretary of the Interior of re- Gas Infrastructure and Capacity Constraints,’’ 12 p.m., linquishment of a lease of certain tribal lands in Cali- 2154 Rayburn. fornia; and H.R. 2742, to authorize the construction of October 17, Subcommittee on Criminal Justice, Drug a Native American Cultural Center and Museum in Okla- Policy, and Human Resources, hearing on ‘‘Keeping a homa City, Oklahoma; 10 a.m., 1324 Longworth. October 12, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1015

October 18, Subcommittee on Fisheries Conservation, Committee on Transportation and Infrastructure, October Wildlife and Oceans, hearing on the following measures: 17, Subcommittee on Aviation, hearing on Restrictions H.R. 1071, National Sea Grant College Program Author- on General Aviation Flying in Class B Airspace, 1:30 ization Enhancement Act; and the National Sea Grant p.m., 2167 Rayburn. College Program Act Amendments of 2001, 10 a.m., October 17, Subcommittee on Coast Guard and Mari- 1324 Longworth. time Transportation, hearing on Drug Interdiction, 10 October 18, Subcommittee on National Parks, Recre- a.m., 2167 Rayburn. ation and Public Lands, hearing on the following: H.R. October 18, Subcommittee on Highways and Transit, 2234, Tumacacori National Historical Park Boundary Re- hearing on TEA 21 Success Stories, 10 a.m., 2167 Ray- vision Act of 2001; H.R. 2388, National Heritage Areas burn. Policy Act of 2001; and a measure to direct the Secretary Committee on Veterans’ Affairs, October 15, hearing on of the Interior to transfer certain public lands in Natrona County, Wyoming to the Corporation of the Presiding VA’s Ability to Respond to DOD Contingencies and Na- Bishop, 10 a.m., 1334 Longworth. tional Emergencies,’’ 2 p.m., 334 Cannon. Committee on Rules, October 16, to consider the fol- Committee on Ways and Means, October 18, Sub- lowing: conference report to accompany H.R. 2217, mak- committee on Social Security, hearing on the ‘‘Social Se- ing appropriations for the Department of the Interior and curity Administration’s Response to the September 11 related agencies for the fiscal year ending September 30, Terrorist Attacks,’’ 10 a.m., B–318 Rayburn. 2002; the conference report to accompany H.R. 2904, making appropriations for military construction, family Joint Meetings housing, and base realignment and closure for the De- Commission on Security and Cooperation in Europe: October partment of Defense for the fiscal year ending September 17, to hold hearings to examine the Romanian leadership 30, 2002; and H.R. 3004, Financial Anti-Terrorism Act of the Organization for Security and Cooperation in Eu- of 2001, 5 p.m., H–313 Capitol. rope (OSCE), reviewing the strengthening of security, Committee on Small Business, October 17, hearing on prevention of conflict, and management of crisis, 9:30 ‘‘Depreciation Schedules: How Can Congress Provide Re- a.m., SR–485. lief for America’s Small Businesses,’’ 2 p.m., 2360 Ray- Joint Economic Committee: October 17, to hold hearings burn. October 18, Subcommittee on Regulatory Reform and to examine monetary policy in the context of the current Oversight, hearing on EPA Rulemaking: Do Bad Anal- economic situation, 10 a.m., room to be announced. yses Lead to Irrational Rules? 10 a.m., 2360 Rayburn. D1016 CONGRESSIONAL RECORD — DAILY DIGEST October 12, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3:30 p.m., Monday, October 15 12:30 p.m., Tuesday, October 16

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 4:30 p.m.), Sen- ate will resume consideration of the motion to proceed to consideration of H.R. 2506, Foreign Operations Appro- priations, with a vote on a motion to close further debate on the motion to proceed to consideration of the bill to occur at 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Hoeffel, Joseph M., Pa., E1865 Pastor, Ed, Ariz., E1870, E1886 Honda, Michael M., Calif., E1868, E1885 Paul, Ron, Tex., E1880 Ackerman, Gary L., N.Y., E1887 Hyde, Henry J., Ill., E1881 Radanovich, George, Calif., E1861 Allen, Thomas H., Maine, E1888 Israel, Steve, N.Y., E1866 Rangel, Charles B., N.Y., E1855 Baca, Joe, Calif., E1884 Johnson, Eddie Bernice, Tex., E1875, E1877 Reynolds, Thomas M., N.Y., E1867 Barr, Bob, Ga., E1868 Johnson, Sam, Tex., E1869 Saxton, Jim, N.J., E1878 Bentsen, Ken, Tex., E1876, E1878 Kildee, Dale E., Mich., E1866, E1883 Schaffer, Bob, Colo., E1857, E1875, E1877 Bereuter, Doug, Nebr., E1871 Kolbe, Jim, Ariz., E1858 Schakowsky, Janice D., Ill., E1863 Berman, Howard L., Calif., E1865 Kucinich, Dennis J., Ohio, E1855, E1858, E1860, E1861, Schiff, Adam B., Calif., E1865 Cantor, Eric, Va., E1879 E1874, E1876, E1878, E1888 Sherman, Brad, Calif., E1862, E1864, E1865 Chambliss, Saxby, Ga., E1867, E1881 LaFalce, John J., N.Y., E1866 Sherwood, Don, Pa., E1865 Clayton, Eva M., N.C., E1887 Lampson, Nick, Tex., E1864 Shuster, Bill, Pa., E1882 Clyburn, James E., S.C., E1883 Langevin, James R., R.I., E1862, E1863, E1865 Slaughter, Louise McIntosh, N.Y., E1866 Davis, Tom, Va., E1860 Lee, Barbara, Calif., E1875, E1877 Smith, Nick, Mich., E1862 Delahunt, William D., Mass., E1860 Maloney, Carolyn B., N.Y., E1881 Solis, Hilda L., Calif., E1876, E1878 Ehrlich, Robert L., Jr., Md., E1885 Manzullo, Donald A., Ill., E1883 Tiahrt, Todd, Kans., E1855 Engel, Eliot L., N.Y., E1856 Morella, Constance A., Md., E1880 Towns, Edolphus, N.Y., E1867 Eshoo, Anna G., Calif., E1874, E1876 Nadler, Jerrold, N.Y., E1883 Udall, Mark, Colo., E1880 Evans, Lane, Ill., E1859 Napolitano, Grace F., Calif., E1884 Udall, Tom, N.M., E1860, E1880 Frank, Barney, Mass., E1855 Neal, Richard E., Mass., E1858 Underwood, Robert A., Guam, E1883 Gilman, Benjamin A., N.Y., E1863, E1864 Ney, Robert W., Ohio, E1888 Vela´ zquez, Nydia M., N.Y., E1879 Gonzalez, Charles A., Tex., E1861 Norton, Eleanor Holmes, D.C., E1879 Wamp, Zach, Tenn., E1882 Green, Mark, Wisc., E1884 Ortiz, Solomon P., Tex., E1886 Watts, J.C., Jr., Okla., E1868 Harman, Jane, Calif., E1865, E1879 Owens, Major R., N.Y., E1888 Waxman, Henry A., Calif., E1865 Hastings, Alcee L., Fla., E1886 Pallone, Frank, Jr., N.J., E1882 Weldon, Curt, Pa., E1885●

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