S9506 CONGRESSIONAL RECORD — SENATE September 19, 2001 Georgia (Mr. CLELAND), and the Sen- serve their country in potentially dan- tember 11, 2001, whether they are mili- ator from Idaho (Mr. CRAPO) were gerous regions outside of the United tary personnel, civilian personnel, res- added as cosponsors of S. J. Res. 18, a States. cue workers, firefighters, police, joint resolution memorializing fallen Current law provides a reduction in nurses, citizens trying to help, citizens firefighters by lowering the United the death tax liability of the estates of in their offices, children taking a plane States flag to half-staff on the day of members of the Armed Forces who are trip, passengers on a plane, pilots of the National Fallen Firefighters Me- killed while serving in a combat zone planes, all of these individuals have morial Service in Emmitsburg, Mary- or die as a result of injuries suffered left us a legacy. Indeed, it is an endur- land. while serving in a combat zone. ing legacy of purpose, a legacy of com- S. RES. 139 In addition, current law provides an passion, a love of liberty, and a quest At the request of Mr. BIDEN, the exemption from the Federal income for justice. names of the Senator from North Caro- tax, on the income earned in the year We must honor all of those who lost lina (Mr. EDWARDS), the Senator from of death, by Federal military and civil- their lives in this vile act of war on the Hawaii (Mr. INOUYE), the Senator from ian employees who die during, or as a United States and never forget; for Louisiana (Ms. LANDRIEU), the Senator result of, injuries suffered in a military their memory has truly unified a very from Alabama (Mr. SESSIONS), the Sen- or terrorist attack outside of the diverse nation and has made it an even ator from South Dakota (Mr. JOHNSON), United States. stronger and more respectful nation. and the Senator from Connecticut (Mr. These brave and honorable individ- We will honor and always remember DODD) were added as cosponsors of S. uals put their lives on the line for our them. Res. 139, a resolution designating Sep- country. It is only right that we recog- The U.S. Senate must rise to the oc- tember 24, 2001, as ‘‘Family Day—A nize their extraordinary dedication and casion and stand in solidarity with the Day to Eat Dinner with Your Chil- their sacrifice. House of Representatives. The Senate dren.’’ Unfortunately, the advent of a new must promptly pass this important leg- type of warfare means many provisions S. RES. 158 islation. It matters to those victims in our Tax Code, which were designed and their families. At the request of Mr. CLELAND, the to provide tax relief to Federal mili- name of the Senator from California I have personally talked to many, too tary and civilian employees killed in many, of those family members—broth- (Mrs. BOXER) was added as a cosponsor service to their country, are now inad- of S. Res. 158, a resolution honoring the ers, children, and wives—who have lost equate in the face of new threats. loved ones because of this dastardly accomplishments and unfailing spirit These benefits do not extend such relief of women in the 20th century. terrorist attack. They are in a time of to civilians who may be likewise killed great grief. That grief will continue f in enemy attacks now indiscriminately until the day they pass from this earth STATEMENTS ON INTRODUCED aimed at civilian targets, as well as and reunite with their loved ones in BILLS AND JOINT RESOLUTIONS military installations. heaven. As we recognize that our world and In this new war against the United By Mr. ALLEN (for himself, Mr. the rules of war, as the terrorists use States, the enemy is making all Ameri- WARNER, Mr. CAMPBELL, and them, have changed, we, too, must cans, whether they are military or ci- Mr. CRAIG): change the tax benefits of those citi- vilian, young or old, parents, children S. 1433. A bill to amend the Internal zens and their families who are ad- or spouses, targets for their attacks. Revenue Code of 1986 to provide tax re- versely affected. lief for victims of the terrorist attacks To address these inadequacies in the In this effort, the Federal Govern- against the United States on Sep- current Tax Code, I introduced the Vic- ment must adapt its death benefits to tember 11, 2001; to the Committee on tims of Terrorism Tax Relief Act of take into consideration this sad truth: Finance. 2001 which would extend and expand that the traditional line between com- Mr. ALLEN. Mr. President, I rise current law benefits to any individual batants and noncombatants is not al- today to talk about a bill I introduced who died as a result of the terrorist at- ways respected. I have told those folks this morning. The first cosponsor of tacks occurring on September 11, 2001. that their husband or their brother or this measure is my good friend and col- Specifically, my legislation elimi- their father is a hero and that they league, Senator JOHN WARNER of Vir- nates all Federal death taxes on the es- were killed because they were here in ginia. The bill is the Victims of Ter- tates of any individual killed during, or America. These grieving families need rorism Relief Act of 2001, which would as a result of injuries derived from, the our assistance as much as do the fami- modify current tax policy to provide September 11, 2001 terrorist attacks. lies of our brave military personnel. needed relief and compassion to the It exempts from Federal income tax, What they do not need in this time of victims of the terrorist attacks that in the year of death, any income mourning is the added worry of filling occurred on September 11, 2001. earned by any individual killed during, out tax forms. It is going to be hard As you well know—and all Americans or who died as a result of injuries re- enough for them to get by emotionally, know—on September 11, 2001, the world sulting from, the September 11, 2001, much less financially. was stunned by what may prove to be terrorist attacks. For the Senate to act promptly on the most vile, most horrifying act of It ensures that all our citizens—law this legislation, would be to send a hate and terror against a nation’s peo- enforcement, firefighters, rescue and positive, reassuring message to these ple. relief workers, nurses, doctors, any- families: you are not going to have to While many questions will remain one—are recognized for their heroism worry about any of these tax forms, or unanswered in the weeks and months and their sacrifice. how to afford new taxes in a time of to come, what is immediately clear is On September 13, 2001, the House of grief—you are not alone in this. We that the conduct of war, as previously Representatives unanimously passed must let them know we appreciate waged by the enemies of the United H.R. 2884, demonstrating overwhelming them as the heroes they are. We will States, has been suddenly altered. That bipartisan support for extending cur- always remember them, their acts of conduct of war is so different than rent law tax benefits to civilian vic- martyrdom and heroism unifying this what we ever imagined as a civilized tims of the September 11, 2001, ter- Nation like I have never seen it unified Nation. This new war does not differen- rorist attacks. While I do not believe in all of our history. tiate between a military and a civilian the legislation went far enough, in that I hope my Senate colleagues, as they target. The enemies of liberty and de- it does not provide for full relief from all start coming back after the holy mocracy do not distinguish between a Federal death taxes, it takes a very days, will rise in applause, and help to trained soldier and an unarmed child. strong stand, sending a message of ensure that our tax benefit laws reflect The Federal Government, and the Con- unity from Washington. the realities of the new war against ci- gress, have previously recognized, and This is a recognition that all of those vilians, allowing them the same sort of rightfully so, the special circumstances who lost their lives, in a violent act of benefits that we provide for our brave of some of our citizens who voluntarily war on the United States, on Sep- military personnel.

VerDate Mar 15 2010 03:37 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 19, 2001 CONGRESSIONAL RECORD — SENATE S9507 I ask unanimous consent that the ‘‘SEC. 2201. COMBAT ZONE-RELATED DEATHS OF traces, the debris of people, regret- text of my legislation introduced ear- MEMBERS OF THE ARMED FORCES tably, and the plane itself. AND DEATHS OF VICTIMS OF CER- lier in the day be printed in the TAIN TERRORIST ATTACKS.’’. In our conversations with the offi- RECORD. (2) The item relating to section 2201 in the cials of the National Transportation There being no objection, the bill was table of sections for subchapter C of chapter Safety Board, Senator SANTORUM and I ordered to be printed in the RECORD, as 11 of such Code is amended to read as fol- inquired into a rumor which had been follows: lows: circulating that the plane might have S. 1433 ‘‘Sec. 2201. Combat zone-related deaths of been shot down. However, we were as- Be it enacted by the Senate and House of Rep- members of the Armed Forces sured by the officials from the National resentatives of the United States of America in and deaths of victims of certain Transportation Safety Board that such Congress assembled, terrorist attacks.’’. an event, in fact, had not happened. FFECTIVE ATE SECTION 1. SHORT TITLE. (c) E D .—The amendments made by this section shall apply to estates of Notwithstanding the debris, the offi- This Act may be cited as the ‘‘Victims of decedents dying on or after September 11, cials were able to piece together the Terrorism Relief Act of 2001’’. 2001. four corners of the plane. Had the plane SEC. 2. INCOME TAXES OF VICTIMS OF TER- been shot down, there would have been RORIST ATTACKS. By Mr. SPECTER (for himself, some sign of it prior to the impact and (a) IN GENERAL.—Section 692 of the Inter- Mr. BOND, Mr. BUNNING, Mrs. nal Revenue Code of 1986 (relating to income prior to the crash. taxes of members of Armed Forces on death) BOXER, Mr. BURNS, Ms. CANT- While we were at the scene, Senator is amended by adding at the end the fol- WELL, Mr. CHAFEE, Mrs. CLIN- SANTORUM and I announced our inten- lowing new subsection: TON, Mr. ENSIGN, Mr. HARKIN, tion to seek the Congressional Gold ‘‘(d) CERTAIN INDIVIDUALS DYING AS A RE- Mr. HELMS, Mr. KOHL, Ms. LAN- Medal for the passengers and crew of SULT OF SEPTEMBER 11, 2001, TERRORIST AT- DRIEU, Mr. NELSON of Florida, United Airlines Flight 93. I am intro- TACKS.— Mr. SCHUMER, Ms. COLLINS, Mr. ducing this legislation today and, since ‘‘(1) IN GENERAL.—In the case of any indi- CRAPO, Mr. DORGAN, Mr. MIL- vidual who dies as a result of wounds or in- yesterday, a large number of cospon- LER, Mr. DAYTON, Mr. NELSON of jury incurred as a result of the terrorist at- sors have already signed on to the bill. tacks against the United States on Sep- Nebraska, Mr. CORZINE, Mr. Therefore, it is being introduced on be- tember 11, 2001, any tax imposed by this sub- MCCAIN, Mr. WELLSTONE, Ms. half of Senator HARKIN, Senator BOXER, title shall not apply— SNOWE, Mrs. CARNAHAN, Mrs. Senator BOND, Senator BUNNING, Sen- ‘‘(A) with respect to the taxable year in FEINSTEIN, and Mr. CONRAD): ator BURNS, Senator CANTWELL, Sen- which falls the date of such individual’s S. 1434. A bill to authorize the Presi- ator CLINTON, Senator ENSIGN, Senator death, and dent to award posthumously the Con- HELMS, Senator LANDRIEU, Senator ‘‘(B) with respect to any prior taxable year gressional Gold Medal to the pas- NELSON of Florida, and Senator SCHU- in the period beginning with the last taxable sengers and crew of Untied Airlines MER. year ending before the taxable year in which flight 93 in the aftermath of the ter- the wounds or injury were incurred. The medal has special significance rorist attack on the United States on ‘‘(2) EXCEPTION.—Paragraph (1) shall not for the Senate, the House of Represent- September 11, 2001; to the Committee apply to an individual whom the Secretary atives, and for the Capitol because all on Banking, Housing, and Urban Af- determines was a perpetrator of any such indications are that the plane—and fairs. terrorist attack.’’. this is speculation, because we will (b) CONFORMING AND CLERICAL AMEND- Mr. SPECTER. Madam President, never know for certain—but, there are MENTS.— today I have sought recognition to in- (1) The heading of section 692 of such Code troduce a bill to authorize the Presi- indications that the plane was headed is amended to read as follows: dent to award posthumously the Con- for the U.S. Capitol. That statement ‘‘SEC. 692. INCOME TAXES OF MEMBERS OF gressional Gold Medal to the pas- was made by Vice President CHANEY on ARMED FORCES ON DEATH AND VIC- sengers and crew of United Airlines Sunday, September 16 on NBC’s ‘‘Meet TIMS OF CERTAIN TERRORIST AT- The Press.’’ It is speculation. I want to TACKS.’’. Flight 93 in the aftermath of the ter- clearly identify it as such because (2) The item relating to section 692 in the rorist attack on the United States on table of sections for part II of subchapter J September 11, 2001. The bill which I am there is no way to be sure. But the of chapter 1 of such Code is amended to read introducing would authorize the post- speculation is supported by the fact as follows: humous award of a Congressional Gold that the plane which hit the Pentagon had been on a direct line to the White ‘‘Sec. 692. Income taxes of members of Armed Medal to each of the crew and pas- Forces on death and victims of sengers of United Airlines Flight 93, House and it veered off at the last mo- certain terrorist attacks.’’. which took off from Newark, New Jer- ment. The fourth plane, United Air- (3) Section 5(b)(1) of such Code is amended sey, changed course over Ohio, and lines Flight 93, appeared to have been by inserting ‘‘and victims of certain terrorist crashed in Shanksville, PA, which is headed in a line that could have been attacks’’ after ‘‘on death’’. located in Somerset County. to the White House, or even to Camp (4) Section 6013(f)(2)(B) of such Code is On Friday, after the Senate had David, although it is unlikely to have amended by inserting ‘‘and victims of cer- passed H.R. 2888, a resolution author- been headed to Camp David since no tain terrorist attacks’’ after ‘‘on death’’. one was there at the time. Most likely, (c) EFFECTIVE DATE.—The amendments izing the use of force and $40 billion for made by this section shall apply to taxable additional disaster assistance, both of Flight 93 was headed to the Capitol, years ending on or after September 11, 2001. which have been requested by the the symbol of our Nation. SEC. 3. RELIEF FROM ESTATE TAX. President, Senator SANTORUM and I Wherever the United States is sym- (a) IN GENERAL.—Section 2201 of the Inter- flew by helicopter to Shanksville, PA, bolized around the world, it is the Cap- nal Revenue Code of 1986 is amended— Somerset County, which is in south- itol dome that represents the nation. (1) in the first sentence by inserting ‘‘(a) IN western Pennsylvania. There, we took The terrorists intended to strike at us GENERAL.—’’ before ‘‘The additional estate a look at the crash scene, participated in every way possible: physically, psy- tax’’; and in a prayer service, and talked to the chologically, emotionally, and at the (2) by adding at the end the following: very Capitol. ‘‘(b) VICTIMS OF CERTAIN TERRORIST AT- representatives of the FBI and the Na- TACKS.—No tax imposed under this subtitle tional Transportation Safety Board, as So it is with a heavy heart, which is shall apply to the transfer of the taxable es- well as our constituents and friends in a sentiment shared by Americans all tate of any individual who dies as a result of the area. across he land and really, by most peo- wounds or injury incurred as a result of the At that time, we found absolute rub- ple across the globe, that I introduce terrorist attacks against the United States ble. The plane had traveled at a speed this bill denominated at the ‘‘Honoring on September 11, 2001. The preceding sen- of approximately 450 miles an hour at a the Passengers and Crew of United Air- tence shall not apply with respect to any in- very low level as it passed by the lines Flight 93 Act.’’ dividual whom the Secretary determines was a perpetrator of any such terrorist attack.’’. Johnstown, PA airport, which is slight- On September 11, 2001, United Air- (b) CLERICAL AMENDMENTS.— ly to the north of the ultimate crash lines Flight 93 took off at 8:44 a.m. (1) The heading of section 2201 of such Code scene. The plane hit the ground with from Newark, New Jersey, destined for is amended to read as follows: an enormous impact, leaving just San Francisco, California;

VerDate Mar 15 2010 03:37 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9508 CONGRESSIONAL RECORD — SENATE September 19, 2001 The plane was hijacked by 4 terror- viduals who had been identified as hav- (vii) Deborah A. Welsh; and ists shortly after it took off; ing cellular phone contact. However, it (B) the United Airlines Flight 93 pas- It is widely presumed that the terror- is entirely likely that others were in- sengers— ists who took control of United Air- volved in the heroic effort to somehow (i) Christian Adams; (ii) Todd Beamer; lines Flight 93 intended to use the air- storm the cockpit. What precisely hap- (iii) Alan Beaven; craft as a weapon and crash it into the pened during that flight, we do not (iv) Mark Bingham; United States Capitol Building in know. We may know more when the (v) Deora Bodley; Washington, D.C.; black box or the voice recorder is lo- (vi) Marion Britton; The passengers and crew of United cated and investigated. There was a (vii) Thomas E. Burnett, Jr.; Airlines Flight 93 learned from cellular very heroic action to stop that plane (viii) William Cashman; phone conversations with their loved from continuing on its flight—wher- (ix) Georgine Rose Corrigan; ones of the fate of the 3 other aircraft ever it was headed—presumably to the (x) Joseph Deluca; that were hijacked earlier that same (xi) Patrick Driscoll; Capitol Building, causing it to crash (xii) Edward Felt; day and used as weapons to murder and take the lives of the 33 passengers, (xiii) Colleen Fraser; thousands of innocent people and de- seven crew members, and foiling the ef- (xiv) Andrew Garcia; stroy American landmarks; forts of those four terrorists. (xv) Jeremy Glick; The passengers and crew of United I send the bill to the desk and ask (xvi) Kristin Gould; Airlines Flight 93, recognizing the po- unanimous consent that it be printed (xvii) Lauren Grandcolas; tential danger that the aircraft they in the RECORD. (xviii) Donald F. Greene; were aboard posed to large numbers of There being no objection, the bill was (xix) Linda Gronlund; (xx) Richard Guadagno; innocent Americans, American institu- ordered to be printed in the RECORD, as tions, and the symbols of American de- (xxi) Toshiya Kuge; follows: (xxii) Hilda Marcin; mocracy, took heroic and noble action S. 1434 (xxiii) Waleska Martinez; to ensure that the aircraft they were Be it enacted by the Senate and House of Rep- (xxiv) Nicole Miller; aboard could not be used as a weapon: resentatives of the United States of America in (xxv) Louis J. Nacke; The 44 people in all, 37 passengers Congress assembled, (xxvi) Donald Peterson; and 7 crew of United Airlines Flight 93, SECTION 1. SHORT TITLE. (xxvii) Mark Rothenberg; in the ultimate act of selfless courage This Act may be cited as the ‘‘Honoring (xxviii) Christine Snyder; and supreme sacrifice, fought to recap- the Passengers and Crew of United Flight 93 (xxix) John Talignani; ture their flight from the terrorists; Act’’. (xxx) Honor Wainio; and SEC. 2. FINDINGS. (xxxi) 3 additional heroes whose families and have requested that their names be withheld. The struggle of the crew and pas- Congress finds that— (1) on September 11, 2001, United Airlines (2) MODALITIES.—The modalities of presen- sengers of United Airlines Flight 93 Flight 93 took off at 8:44 a.m. from Newark, tation of the medals struck under this Act against the terrorists caused the Boe- New Jersey, destined for San Francisco, Cali- shall be determined by the President, after ing 757 to crash down in a sparsely pop- fornia; consultation with the Speaker of the House ulated area near Shanksville, Pennsyl- (2) the plane was hijacked by 4 terrorists of Representatives, the Majority Leader of vania at 10:10 a.m., September 11, 2001, shortly after it took off; the Senate, the Minority Leader of the Sen- possibly saving countless lives in the (3) it is widely presumed that the terrorists ate, and the Minority Leader of the House of Nation’s Capital. who took control of United Airlines Flight 93 Representatives. intended to use the aircraft as a weapon and (b) DESIGN AND STRIKING.—For purposes of The President is authorized, on be- the presentation referred to in subsection half of Congress, to award post- crash it into the United States Capitol Building in Washington, D.C.; (a), the Secretary of the Treasury (in this humously a gold medal of appropriate (4) the passengers and crew of United Air- Act referred to as the ‘‘Secretary’’) shall design to each of the United Airlines lines Flight 93 learned from cellular phone strike gold medals with suitable emblems, Flight 93 crew members: Lorraine G. conversations with their loved ones of the devices, and inscriptions, to be determined Bay; Sandra W. Bradshaw; Jason Dahl; fate of the 3 other aircraft that were hi- by the Secretary. Wanda A. Green; LeRoy Homer; CeeCee jacked earlier that same day and used as SEC. 4. STATUS AS NATIONAL MEDALS. Lyles; and Deborah A. Welsh; and the weapons to murder thousands of innocent The medals struck under this Act are na- United Airlines Flight 93 passengers: people and destroy American landmarks; tional medals for purposes of chapter 51 of title 31, United States Code. Christian Adams; Todd Beamer; Alan (5) the passengers and crew of United Air- lines Flight 93, recognizing the potential SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Beaven; Mark Bingham, who made a danger that the aircraft they were aboard There are authorized to be appropriated to call to his mother; Deora Bodley; Mar- posed to large numbers of innocent Ameri- the Secretary such sums as may be nec- ion Britton; Thomas E. Burnett, Jr.— cans, American institutions, and the sym- essary to carry out this Act. who was one of the individuals who had bols of American democracy, took heroic and Mr. DORGAN. Madam President, I noble action to ensure that the aircraft they cellular phone contact—William ask unanimous consent to be added as Cashman; Georgine Rose Corrigan; Jo- were aboard could not be used as a weapon; (6) the 40 passengers and crew of United a cosponsor to the Senator’s bill. seph Deluca; Patrick Driscoll; Edward The ACTING PRESIDENT pro tem- Felt; Colleen Fraser; Andrew Garcia; Airlines Flight 93, in the ultimate act of self- less courage and supreme sacrifice, fought to pore. Without objection, it is so or- Jeremy Glick—another one of the pas- recapture their flight from the terrorists; dered. sengers who had contact with his wife, and according to very detailed newspaper (7) the struggle of the crew and passengers By Mr. SPECTER: accounts, with the determination by of United Airlines Flight 93 against the ter- S. 1436. A bill to authorize additional Mr. Glick, according to his wife’s re- rorists caused the Boeing 757 to crash down funding for Members of the Senate port, that something would be done. in a sparsely populated area near which may be used by a Member for Obviously, something was done—Kris- Shanksville, Pennsylvania at 10:10 a.m., Sep- mailings to provide notice of town tin Gould; Lauren Grandcolas; Donald tember 11, 2001, possibly saving countless lives in the Nation’s Capital. meetings; to the Committee on Rules F. Greene; Linda Gronlund; Richard SEC. 3. CONGRESSIONAL GOLD MEDAL. and Administration. Guadagno; Toshiya Kuge; Hilda (a) PRESENTATION AUTHORIZED.— Mr. SPECTER. Mr. President, I have Marcin; Waleska Martinez; Nicole Mil- (1) IN GENERAL.—The President is author- sought recognition today to introduce ler; Louis J. Nacke; Donald Peterson; ized, on behalf of Congress, to award post- legislation which specifically author- Mark Rothenberg; Christine Snyder; humously a gold medal of appropriate design izes funding for Senators to mail town John Talignani; Honor Wainio; and 3 to each of— meeting notices to their constituents. additional heroes whose families have (A) the United Airlines Flight 93 crew My legislation authorizes $3 million requested that their names be with- members— each year for the next five years for (i) Lorraine G. Bay; held. (ii) Sandra W. Bradshaw; Members to spend on the mailing of The original thought Senator (iii) Jason Dahl; town meeting notices in counties with SANTORUM and I had was to make the (iv) Wanda A. Green; populations of less than 50,000. recommendation requesting the award (v) LeRoy Homer; Town meetings are the best way for of these medals only to the three indi- (vi) CeeCee Lyles; and Members to inform constituents about

VerDate Mar 15 2010 03:37 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 19, 2001 CONGRESSIONAL RECORD — SENATE S9509 our actions in Washington, and town years of the problems caused by the so- cumstances, even if such contacts were meeting notices are the most effective called McDade law, 28 U.S.C. 530B, at odds with State or local Federal means we have of advising constituents which was slipped into the omnibus ap- court ethics rules. State disciplinary about these events. Unfortunately, the propriations bill at the end of the 105th authorities could sanction a govern- budgets under which we operate today Congress. The McDade law has delayed ment attorney for willful violation of are very restrictive and do not allow us important criminal investigations, pre- the regulations, but only upon a find- to properly advise all of our constitu- vented the use of effective and tradi- ing by the Attorney General that a ents when we will be holding a town tionally-accepted investigative tech- willful violation had occurred. meeting in their area. For Pennsyl- niques, and served as the basis of liti- The Department’s new regulations vania alone, it would cost $735,000, one gation to interfere with legitimate shared the fundamental defect of the third of my entire office budget, to cir- Federal prosecutions. At a time when Thornburgh Memorandum, regulation culate town meeting notices to each we need Federal law enforcement au- of Federal prosecutors by the Justice household in Pennsylvania. For this thorities to move quickly to catch Department instead of by the courts, reason, additional funding is necessary those responsible for last week’s ter- without valid statutory authority. Not to allow Members to send adequate no- rorist attacks, and to prevent further surprisingly, the only court to consider tice to constituents of their visits attacks on our country, we can no these regulations found them to be in- throughout their States. However, rec- longer tolerate the drag on Federal in- valid. ognizing the fiscal constraints under vestigations and prosecutions caused On May 1, 1996, Representative Jo- which we are currently operating, I by this ill-considered legislation. seph McDade introduced legislation have limited the scope of my legisla- The bill that I am introducing today, that sought to resolve the controversy tion to only counties with smaller pop- along with Senators HATCH and WYDEN, over the Justice Department’s claimed ulations. will modify the McDade law by estab- authority to write its own ethics rules. Smaller, rural communities are not lishing a set of rules that clarify the In essence, H.R. 3386 provided that Fed- always effectively reached by the mass professional standards applicable to eral prosecutors were governed by the media, which are generally relied upon government attorneys. I introduced ethics rules that apply to lawyers gen- to deliver news of our legislative ac- similar legislation in the last Congress, erally. A hearing on the bill was held tivities. For example, if you take the but was unable to get it before the Ju- on September 12, 1996, before the Sub- northern tier of Pennsylvania, or the diciary Committee for consideration. committee on Courts and Intellectual southern tier, where residents do not Since then, I have continued to work Property, but no further action was necessarily get any of the major news- closely with the Justice Department taken. On March 5, 1998, Representative papers and are outside television range, and the FBI to monitor the problems McDade introduced H.R. 3396, a modi- unless you actually go to the county, it caused by the McDade law and to refine fied version of H.R. 3386. Although the is very hard for Senators to commu- this corrective legislation. I hope Con- nicate with their constituents about House Judiciary Committee did not gress will make it a top priority as it hold hearings or act on the bill, lan- what they are doing in Washington. considers ways to improve Federal law Town meetings are a valuable forum in guage similar to H.R. 3396 was included enforcement and combat terrorism. in the House-passed Commerce-Justice- which Members can share details of our By way of background, controversy State appropriations bill for FY1999. work and in turn hear directly from surrounding the application of State Thereafter, without the benefit of any constituents concerning their thoughts ethics rules to Federal prosecutors hearings or debate in the Senate, and on a variety of topics. My legislation began over a decade ago, when a Fed- over the objection of a bipartisan ma- would ensure that constituents in all eral appellate court held in United jority of the Senate Judiciary Com- parts of a Member’s State are afforded States v. Hammad, that a disciplinary the opportunity to participate in this mittee, the same language was enacted rule prohibiting lawyers from commu- as Title VIII of the final omnibus bill, process. nicating with persons they knew to be I regularly visit all 67 counties in with a six-month delayed effective represented applied in the investiga- Pennsylvania and find it very refresh- date. tory stages of a Federal criminal pros- ing to get outside the beltway, to find At a hearing before a Judiciary Sub- ecution. The court also noted that sup- out what people are thinking about in committee on March 24, 1999, a number pression of evidence was an appropriate the more rural, remote parts of Penn- of law enforcement officials lined up to remedy for a prosecutor’s breach of an sylvania. Likewise, my constituents criticize the new law. In particular, ethical rule. also find it valuable to be able to re- they argued that its vague directive to The Department of Justice responded ceive notice that ARLEN SPECTER is comply with rules in each State where to the Hammad opinion with what be- coming to town, to listen to a short the attorney engages in his or her du- came known as the Thornburgh Memo- speech, and spend the majority of ties leaves prosecutors unsure about randum. Issued on June 8, 1989, the meeting time participating in a ques- what rule applies to particular con- Memorandum asserted that ‘‘contact tion and answer session. That way you duct. The one certain result of this with a represented individual in the have participatory democracy. confusion: Attorneys would refrain In July 2001, during Senate floor con- course of authorized law enforcement from taking critically important inves- sideration of the Fiscal Year 2002 Leg- activity does not violate’’ the ABA’s tigative steps or would leave law en- islative Branch Appropriations bill, model ‘‘no contact’’ rule. The Memo- forcement officers to make their own Subcommittee Chairman DURBIN and randum concluded, ‘‘The Department decisions about whom and how to in- Ranking Minority Member BENNETT will resist, on Supremacy Clause vestigate. accepted my amendment which pro- grounds, local attempts to curb legiti- The McDade law went into effect on vides $3 million for the mailing of town mate Federal law enforcement tech- April 19, 1999. Since then, all of law en- meeting notices, subject to authorizing niques.’’ forcement’s concerns about the legislation. Today I am introducing The Federal courts responded nega- McDade law have come to pass. this authorizing legislation, and urge tively to the Department’s position. In In floor statements on May 25 and my colleagues to join me in supporting general, the Department was unable to September 14, 2000, I described some of its timely passage. persuade the courts of the efficacy of the devastating effects that the the Attorney General’s policy state- McDade law is having on Federal law By Mr. LEAHY (for himself, Mr. ment. enforcement efforts across the country. HATCH, and Mr. WYDEN): Amid mounting criticism of the You will recall some of the disturbing S. 1437. A bill to clarify the applica- Thornburgh Memorandum, Attorney facts I described: ble standards of professional conduct General Reno issued regulations in 1994 In Oregon, Federal prosecutors will for attorneys for the Government, and governing all Justice Department liti- no longer authorize undercover oper- for other purposes; to the Committee gators in their communications with ations, and the FBI was forced to shut on the Judiciary. persons represented by counsel. These down its Innocent Images initiative, Mr. LEAHY. Mr. President, I have regulations allowed contacts with rep- which targets child pornography and spoken many times over the past two resented persons in certain cir- exploitation.

VerDate Mar 15 2010 03:37 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9510 CONGRESSIONAL RECORD — SENATE September 19, 2001 In California, a grand jury investiga- local Federal court ethics rules. Thus, torneys Act ensures that these tools tion into an airline’s safety and main- Federal prosecutors are generally sub- will be available to combat terrorism. tenance practices was stalled for many ject to at least two sets of potentially Finally, the bill addresses the most months because of the McDade law’s conflicting ethics rules. pressing contemporary question of gov- interplay with that State’s ethics Additionally, Federal prosecutors ernment attorney ethics, namely, the rules. After about a year of investiga- frequently work across State lines. question of which rule should govern tion, one of the airline’s planes This is not true of State prosecutors, government attorneys’ communica- crashed, after experiencing mechanical whose work is generally confined to a tions with represented persons. It asks problems on the first leg of its trip. single State. Under the McDade law, the Judicial Conference of the United In another State, the FBI was sty- Federal prosecutors must comport with States to submit to the Supreme Court mied in a child murder investigation the State ethics rules of each State a proposed uniform national rule to because of a State Bar ethics rule that where they engage in their duties, govern this area of professional con- went far beyond what is required by es- which may be different than the rules duct, and to study the need for addi- tablished Supreme Court and Federal of either the licensing State or the tional national rules to govern other appellate case law. local Federal court. This means that areas in which the proliferation of There are other recent examples. In Federal prosecutors may be subject to local rules may interfere with effective one case, the FBI has had to close an three or more sets of ethics rules with Federal law enforcement. The Rules investigation into allegations of fraud respect to the same conduct, including Enabling Act process is the ideal one committed by the officials of a city two or more sets of State ethics rules for developing such rules, both because with regard to FEMA disaster funds that do not take into consideration the the Federal judiciary traditionally is after the city’s attorney invoked the special needs and interests of the responsible for overseeing the conduct McDade law to prohibit FBI agents United States in investigating and of lawyers in Federal court pro- from interviewing any city employees. prosecuting violations of Federal law. ceedings, and because this process In another case, counsel for an aviation In any event, even assuming that would best provide the Supreme Court company has used the McDade law to State Bar rules are causing serious an opportunity fully to consider and prevent the FBI from working with problems for State prosecutors as well objectively to weigh all relevant con- company employees who are willing to as Federal prosecutors, that is a mat- siderations. provide information and evidence con- ter for the States, not for Congress. The problems posed to Federal law cerning allegations that the company Our responsibility is to ensure the ef- enforcement investigations and pros- has been selling defective aircraft en- fective enforcement of the Federal ecutions by the McDade law are real gine parts to military and civilian air- criminal laws, and that is what my leg- and urgent. The Professional Standards lines. islation seeks to accomplish. for Government Attorneys Act pro- Of more immediate urgency, the The Professional Standards for Gov- vides a reasonable and measured alter- McDade law seriously threatens to im- ernment Attorneys Act adheres to the native: It preserves the traditional role pede the terrorism investigation into basic premise of the McDade law: The of the State courts in regulating the the events of September 11, 2001. In this Department of Justice does not have conduct of attorneys licensed to prac- widespread, international investiga- the authority it has long claimed to tice before them, while ensuring that tion, the McDade law will subject Jus- write its own ethics rules. This legisla- Federal prosecutors and law enforce- tice Department attorneys to multiple tion establishes that the Department ment agents will be able to use tradi- and different attorney conduct rules, may not unilaterally exempt Federal tional Federal investigative tech- either because the attorneys working trial lawyers from the standards of pro- niques. I urge Congress to move quick- on or supervising the investigation are fessional responsibility adopted by the ly to pass this corrective legislation admitted to practice in more than one Federal courts. Federal courts are the before more cases are compromised. state, or because they are seeking as- more appropriate body to establish I ask unanimous consent that the bill sistance through court processes, such standards for Federal prosecutors, and a summary of the bill be printed in search warrants; material witness war- not only because Federal courts have the RECORD. rants; criminal complaints; and grand traditional authority to establish such There being no objection, the addi- jury subpoenas, in more than one Fed- standards for lawyers generally, but tional material ordered to be printed in eral district court, each of which because the Department lacks the req- the RECORD, as follows: adopts its own set of attorney conduct uisite objectivity. S. 1437 rules. How are Justice Department at- The first part of this bill embodies Be it enacted by the Senate and House of Rep- torneys meant to resolve conflicts in the traditional understanding that resentatives of the United States of America in those rules in a manner that is reliable when lawyers handle cases before a Congress assembled, without unduly delaying this critical Federal court, they should be subject SECTION 1. SHORT TITLE. investigation? to the Federal court’s standards of pro- This Act may be cited as the ‘‘Professional There can no longer be any serious fessional responsibility, and not to the Standards for Government Attorneys Act of doubt about the need for corrective leg- possibly inconsistent standards of 2001’’. islation. We cannot afford to wait until other jurisdictions. By incorporating SEC. 2. PROFESSIONAL STANDARDS FOR GOV- ERNMENT ATTORNEYS. the McDade law impedes the investiga- this ordinary choice-of-law principle, (a) Section 530B of title 28, United States tion into last Tuesday’s attacks before the bill preserves the Federal courts’ Code, is amended to read as follows: taking action. traditional authority to oversee the ‘‘SEC. 530B. PROFESSIONAL STANDARDS FOR Supporters of the McDade law have professional conduct of Federal trial GOVERNMENT ATTORNEYS. argued that Federal prosecutors are no lawyers, including Federal prosecutors. ‘‘(a) DEFINITIONS.—In this section: worse off than their State counter- It thus avoids the uncertainties pre- ‘‘(1) GOVERNMENT ATTORNEY.—The term parts, who have long been subject to sented by the McDade law, which po- ‘Government attorney’—— State ethics rules. This is simply not ‘‘(A) means the Attorney General; the Dep- tentially subjects Federal prosecutors uty Attorney General; the Solicitor General; the case. State prosecutors practice al- to State laws, rules of criminal proce- the Associate Attorney General; the head of, most entirely before the courts of the dure, and judicial decisions which dif- and any attorney employed in, any division, State in which they are licensed: they fer from existing Federal law. office, board, bureau, component, or agency do not practice in Federal court. Thus, Another part of the bill specifically of the Department of Justice; any United they are subject to only one set of eth- addresses the situation in Oregon, States Attorney; any Assistant United ics rules, the rules applied by the where a state court ruling has seri- States Attorney; and Special Assistant to courts before which they appear and ously impeded the ability of Federal the Attorney General or Special Attorney the rules of the State in which they are agents to engage in undercover oper- appointed under section 515; any special As- sistant United States Attorney appointed licensed are one and the same. This is ations and other covert activities. under section 543 who is authorized to con- not true for Federal prosecutors, who Such activities are legitimate and es- duct criminal or civil law enforcement inves- are licensed by a State but practice in sential crimefighting tools. The Profes- tigations or proceedings on behalf of the Federal courts and must comport with sional Standards for Government At- United States; any other attorney employed

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by the Department of Justice who is author- (2) ACTUAL OR POTENTIAL CONFLICTS.—Not of Pub. L. 96–132, which states: ‘‘None of the ized to conduct criminal or civil law enforce- later than 2 years after the date of enact- sums authorized to be appropriated by this ment proceedings on behalf of the United ment of this Act, the Judicial Conference of Act may be used to pay the compensation of States; any independent counsel, or em- the United States shall submit to the Chair- any person employed after the date of the ployee of such counsel, appointed under men and Ranking Members of the Commit- enactment of this Act as an attorney (except chapter 40; and any outside special counsel, tees on the Judiciary of the House of Rep- foreign counsel employed in special cases) or employee of such counsel, as may be duly resentatives and the Senate a report, which unless such person shall be duly licensed and appointed by the Attorney General; and shall include—— authorized to practice as an attorney under ‘‘(B) does not include any attorney em- (A) a review of any areas of actual or po- the laws of a State, territory, or the District ployed as an investigator or other law en- tential conflict between specific Federal du- of Columbia.’’ Subsection (c) codifies this forcement agent by the Department of Jus- ties related to the investigation and prosecu- longstanding requirement, and also makes tice who is not authorized to represent the tion of violations of Federal law and the reg- clear that government attorneys need not be United States in criminal or civil law en- ulation of Government attorneys (as that licensed under the laws of any state in par- forcement litigation or to supervise such term is defined in section 530B of title 28, ticular. The clarification is necessary to en- proceedings. United States Code, as amended by this Act) sure that local rules regarding state licen- ‘‘(2) STATE.—The term ‘State’ includes a by existing standards of professional respon- sure are not applied to federal prosecutors. Territory and the District of Columbia. sibility; and Cf. United States v. Straub, No. 5:99 Cr. 10 ‘‘(b) CHOICE OF LAW.—Subject to any uni- (B) recommendations with respect to (N.D. W. Va. June 14, 1999) (granting defense form national rule prescribed by the Su- amending the Federal Rules of Practice and motion to disqualify the Assistant United preme Court under chapter 131, the standards Procedure to provide for additional rules States Attorney because he was not licensed of professional responsibility that apply to a governing attorney conduct to address any to practice in West Virginia). Government attorney with respect to the at- areas of actual or potential conflict identi- Subsection (d) specifically addresses the torney’s work for the Government shall be— ‘‘(1) for conduct in connection with a pro- fied pursuant to the review under subpara- situation in Oregon, where a state court rul- ceeding in or before a court, the standards of graph (A). ing has seriously impeded the ability of Fed- professional responsibility established by the (3) REPORT CONSIDERATIONS.—In carrying eral agents to engage in undercover oper- rules and decisions of that court; out paragraphs (1) and (2), the Judicial Con- ations and other covert activities. See In re ‘‘(2) for conduct reasonably intended to ference of the United States shall take into Gatti, 330 Or. 517 (2000). This subsection en- lead to a proceeding in or before a court, the consideration—— sures that these traditional law enforcement standards of professional responsibility es- (A) the needs and circumstances of tools will be available to federal prosecutors tablished by the rules and decisions of the multiforum and multijurisdictional litiga- and agents. court in or before which the proceeding is in- tion; Subsection (e) makes clear that violations tended to be brought; and (B) the special needs and interests of the of professional conduct rules by government ‘‘(3) for all other conduct, the standards of United States in investigating and pros- attorneys shall not be construed to permit professional responsibility established by the ecuting violations of Federal criminal and the exclusion of otherwise admissible evi- rules and decisions of the Federal district civil law; and dence in any Federal criminal proceeding. court for the judicial district in which the (C) practices that are approved under Fed- Subsection (f), like the McDade law, au- attorney principally performs his or her offi- eral statutory or case law or that are other- thorizes the Attorney General to make and cial duties. wise consistent with traditional Federal law amend rules to assure compliance with sec- ‘‘(c) LICENSURE.—A Government attorney enforcement techniques. tion 530B. (except foreign counsel employed in special II. JUDICIAL CONFERENCE REPORT AND cases)—— SUMMARY OF THE ‘‘PROFESSIONAL STANDARDS RECOMMENDATIONS FOR GOVERNMENT ATTORNEYS ACT OF 2001’’ ‘‘(1) shall be duly licensed and authorized The second part of the bill directs the Ju- to practice as an attorney under the laws of I. AMENDMENTS TO 28 U.S.C. § 530B dicial Conference of the United States to a State; and The first part of the bill supersedes the prepare two reports regarding the regulation ‘‘(2) shall not be required to be a member McDade law with a new 28 U.S.C. § 530B, con- of government attorney conduct. Both re- of the bar of any particular State. sisting of six subsections: ports would contain recommendations with ‘‘(d) COVERT ACTIVITIES.—Notwithstanding Subsection (a) codifies the definition of any provision of State law, including dis- respect to the advisability of uniform na- ‘‘government attorney,’’ by reference to the ciplinary rules, statutes, regulations, con- tional rules. current Department of Justice regulations. The first report would address the issue of stitutional provisions, or case law, a Govern- Subsection (b) establishes clear choice-of- contacts with represented persons, which has ment attorney may, for the purpose of en- law rules for government attorneys with re- generated the most serious controversy re- forcing Federal law, provide legal advice, au- spect to standards of professional responsi- garding the professional conduct of govern- thorization, concurrence, direction, or super- bility, modeled on Rule 8.5(b) of the ABA’s ment attorneys. See, e.g., State v. Miller, 600 vision on conducting covert activities, and Model Rules of Professional Conduct. These N.W.2d 457 (Minn. 1999); United States v. participate in such activities, even though choice-of-law rules apply only with respect McDonnell Douglas Corp., 132 F.3d 1252 (8th such activities may require the use of deceit to government attorney conduct that is re- Cir. 1998); United States v. Lopez, 4 F.3d 1455 or misrepresentation. lated to the attorney’s work for the govern- ‘‘(e) ADMISSIBILITY OF EVIDENCE.—No viola- (9th Cir. 1993); United States v. Hammad, 858 tion of any disciplinary, ethical, or profes- ment. Under these rules, an attorney who is F.2d 834 (2d Cir. 1988). sional conduct rule shall be construed to per- handling a case in court would be subject to Rule 4.2 of the ABA’s Model Rules of Pro- mit the exclusion of otherwise admissible the professional standards established by the fessional Conduct and analogous rules adopt- evidence in any Federal criminal proceeding. rules and decisions of that court; an attor- ed by state courts and bar associations place ‘‘(f) RULEMAKING AUTHORITY.—The Attor- ney who is engaged in conduct reasonably in- strict limits on when a lawyer may commu- ney General shall make and amend rules of tended to lead to a proceeding in court, such nicate with a person he knows to be rep- the Department of Justice to ensure compli- as conduct in connection with a grand jury resented by another lawyer. These ‘‘no con- ance with this section.’’. or civil investigation, would be subject to tact’’ rules preserve fairness in the adver- (b) TECHNICAL AND CONFORMING AMEND- the professional standards of the court in sarial system and the integrity of the attor- MENT.—The analysis for chapter 31 of title 28, which the proceeding is intended to be ney-client relationship by protecting parties, United States Code, is amended, in the item brought; in other circumstances, where no potential parties and witnesses from lawyers relating to section 530B, by striking ‘‘Ethical court has clear supervisory authority over who would exploit the disparity in legal skill standards for attorneys for the Government’’ particular conduct, an attorney would be between attorneys and lay people and dam- and inserting ‘‘Professional standards for subject to the professional standards estab- age the position of the represented person. Government attorneys’’. lished by rules and decisions of the United Courts have given a wide variety of interpre- (c) REPORTS.—— States District Court for the judicial district tations to these rules, however, creating un- (1) UNIFORM RULE.—In order to encourage in which the attorney principally performs certainty and confusion as to how they apply the Supreme Court to prescribe, under chap- his official duties. In the event that the Su- in criminal cases and to government attor- ter 131 of title 28, United States Code, a uni- preme Court promulgates one or more uni- neys. For example, courts have disagreed form national rule for Government attorneys form national rules governing the profes- about whether these rules apply to Federal with respect to communications with rep- sional conduct of government attorneys prosecutor contacts with represented persons resented persons and parties, not later than practicing before the Federal courts, the in non-custodial pre-indictment situations, 1 year after the date of enactment of this terms of the uniform national rule would in custodial pre-indictment situations, and Act, the Judicial Conference of the United apply. in post-indictment situations involving the States shall submit to the Chief Justice of Subsection (c) clarifies the law regarding same or different matters underlying the the United States a report, which shall in- the licensing of government attorneys, an charges. clude recommendations with respect to issue that is currently addressed through the Lawyers who practice in federal court—and amending the Federal Rules of Practice and appropriations process. Since 1979, appropria- federal prosecutors in particular—have a le- Procedure to provide for such a uniform na- tions bills for the Department of Justice gitimate interest in being governed by a sin- tional rule. have incorporated by reference section 3(a) gle set of professional standards relating to

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Absent clear authority to en- hibiting knowingly making a false gets and even strapped to the weapons. gage in communications with represented statement of law or fact; and a statute I am confident that, under the leader- persons, when necessary and under limited prohibiting willful deceit or mis- ship of our Commander-in-Chief, and circumstances carefully circumscribed by conduct in the legal profession. In with broad and deep support, across law, the government is significantly ham- doing so, the court rejected the attor- our country and, on a bipartisan basis, pered in its ability to detect and prosecute ney’s defense that his misrepresenta- here in Congress, we will win this war Federal offenses. tions were justifiable because he was decisively. The proposed legislation charges the Judi- engaged in an investigation to seek cial Conference with developing a uniform A significant part of our response national rule governing government attor- evidence of fraud and other wrongful also must be compassion for the sur- ney contacts with represented persons. Given conduct. The court expressly ruled that vivors of those victims of the first day the advanced stage of dialogue among the in- there was no ‘prosecutorial exception’ of this war. Our tax code has long rec- terested parties, the Department of Justice, to either the State Bar disciplinary ognized that compassion demands we the ABA, the Federal and State courts, and rules or the Oregon statute. As a result extend a helping hand by providing re- others, the Committee is confident that a of this decision, prosecutors in Oregon lief to our military heroes killed in satisfactory rule can be developed within the may not concur or participate in un- combat. Today, sadly, we recognize the one-year time frame established by the bill. dercover and other covert law enforce- While the ‘‘no contact’’ rule poses the most need to extend similar comfort and re- serious challenge to effective law enforce- ment techniques, even if the law en- lief to the families of civilian victims ment, other rules of professional responsi- forcement technique at issue is lawful whose lives have been taken. bility may also threaten to interfere with le- under Federal law. The other body has already passed gitimate investigations. The proposed legis- Soon after this Oregon Supreme emergency legislation along these lation therefore directs the Judicial Con- Court decision, the Oregon U.S. Attor- lines. The bill I am introducing is iden- ference to prepare a second report addressing ney’s Office informed the Oregon FBI tical to that legislation. The main pro- broader questions regarding the regulation Field Office that it would not concur or visions of this bill would extend the of government attorney conduct. This re- participate in the use of long-used and port, to be completed within two years, same relief to individuals killed in last highly productive techniques, such as week’s terrorist attack as is currently would review any areas of conflict or poten- undercover operations and consensual tial conflict between federal law enforce- provided for members of our armed ment techniques and existing standards of monitoring of telephone calls, that forces, with regard to the death tax, professional responsibility, and make rec- could be disallowed by the State Bar. and currently provided for Federal ommendations concerning the need for addi- Several important investigations were military and civilian employees, with tional national rules. immediately terminated or severely regard to Federal income taxes. Mr. WYDEN. Mr. President, I wish to impeded. The Oregon U.S. Attorney I fully realize that my Senate col- bring to the Senate’s attention a seri- even refused to certify the renewal of leagues, including knowledgeable mem- the Portland Innocent Images under- ous legal matter currently impeding bers of the Senate Finance Committee, cover program, which targets child por- Federal criminal investigations in will propose additional tax relief provi- nography and exploitation. Without many States, especially Oregon, and sions to meet additional needs that are the U.S. Attorney’s certification, the legislation that I am joining the Chair- still being identified. But I want to add program was shut down and a signifi- man of the Judiciary Committee, Sen- my voice, early and urgently, to em- cant criminal problem has since gone ator LEAHY, in introducing today to phasize the importance of acting swift- unchecked. correct this problem. ly and decisively to provide this relief Enacted at the end of the 105th Con- The Federal Investigation Enhance- ment Act that I am introducing today to our fellow Americans. gress as Section 801 of the Omnibus Ap- I ask unanimous consent that the with Senator LEAHY will clarify that propriations Bill (Public Law 105–277), text of this bill be printed in the the Citizens Protection Act, commonly Federal attorneys may, for the purpose of enforcing Federal law, authorize, RECORD, as well as a brief summary of known as the ‘‘McDade law,’’ has ham- its provisions. pered Federal law enforcement efforts concur, direct, and supervise covert in- vestigations even though such activi- There being no objection, the mate- aimed at combating child pornography, rial was ordered to be printed in the drug trafficking, and terrorism, par- ties may require the use of deceit or misrepresentation. In doing so, our leg- RECORD, as follows: ticularly in the State of Oregon. S. 1440 In the Gatti case [Gatti, 330 Or. 517 islation will make it possible for Fed- (2000)] in early 2000, the Oregon Su- eral authorities to continue their ef- Be it enacted by the Senate and House of Rep- forts to investigate and apprehend the resentatives of the United States of America in preme Court held that a private attor- Congress assembled, ney had acted unethically by inten- most dangerous criminals. It is my hope that the Senate will act SECTION 1. SHORT TITLE. tionally misrepresenting his identity quickly on this legislation that will This Act may be cited as the ‘‘Victims of to the employees of a medical records correct the most serious problems Terrorism Relief Act of 2001’’. review company called Comprehensive caused by the McDade law. It will be of SEC. 2. INCOME TAXES OF VICTIMS OF TER- Medical Review, CMR. The attorney, RORIST ATTACKS. enormous help to Federal law enforce- who represented a client who had filed (a) IN GENERAL.—Section 692 of the Inter- ment efforts in Oregon and across our a claim with an insurance company, nal Revenue Code of 1986 (relating to income country who are prosecuting these taxes of members of Armed Forces on death) believed that the insurance company crimes. was using CMR to generate fraudulent is amended by adding at the end the fol- lowing new subsection: medical reports that the insurer then By Mr. CRAIG: ‘‘(d) CERTAIN INDIVIDUALS DYING AS A RE- used to deny or limit claims. The at- S. 1440. A bill to amend the Internal SULT OF SEPTEMBER 11, 2001, TERRORIST AT- torney called CMR and falsely rep- Revenue Code of 1986 to provide tax re- TACKS.— resented himself to be a chiropractor lief for victims of the terrorist attacks ‘‘(1) IN GENERAL.—In the case of any indi- seeking employment with the com- against the United States on Sep- vidual who dies as a result of wounds or in- pany. The attorney was hoping to ob- tember 11, 2001; to the Committee on jury incurred as a result of the terrorist at- tain information from CMR that he Finance. tacks against the United States on Sep- could use in a subsequent lawsuit Mr. CRAIG. Mr. President, today I tember 11, 2001, any tax imposed by this sub- am introducing the Victims of Ter- title shall not apply— against CMR and the insurance com- ‘‘(A) with respect to the taxable year in pany. rorism Relief Act of 2001, to provide tax which falls the date of such individual’s The Oregon Supreme Court upheld relief for the innocent victims of the death, and the State Bar’s view that the attor- terrorist attacks against our Nation ‘‘(B) with respect to any prior taxable year ney’s conduct violated two Oregon last Tuesday, September 11. in the period beginning with the last taxable

VerDate Mar 15 2010 03:37 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 19, 2001 CONGRESSIONAL RECORD — SENATE S9513 year ending before the taxable year in which year of their death if they die during (or as Public Safety Officer Medals of Valor should the wounds or injury were incurred. a result of injuries suffered in) a military or be waived, and a medal should be awarded ‘‘(2) EXCEPTION.—Paragraph (1) shall not terrorist act outside of the United States. under the Public Safety Officer Medal of apply to an individual whom the Secretary The bill would extend this Federal income Valor Act of 2001 to any public safety officer, determines was a perpetrator of any such tax relief to individuals who died as a result as defined in that Act, who was killed in the terrorist attack.’’. of the September 11 terrorist attack or who line of duty; and (b) CONFORMING AND CLERICAL AMEND- die from injuries suffered as a result of that (2) the Medal of Valor Review Board should MENTS.— attack. give strong consideration to the acts of brav- (1) The heading of section 692 of such Code Relief for Airline Payments to Pas- ery by other public safety officers in re- is amended to read as follows: sengers.—The bill would clarify that the sponding to these events. $25,000 per passenger payments made by ‘‘SEC. 692. INCOME TAXES OF MEMBERS OF United Airline will be exempt from Federal Mr. STEVENS. Mr. President, yester- ARMED FORCES ON DEATH AND VIC- day Senator INOUYE and I went to New TIMS OF CERTAIN TERRORIST AT- income taxes, if such a clarification is need- TACKS.’’. ed. Any similar payments made by American York City to visit the disaster area. It (2) The item relating to section 692 in the Airlines would receive similar treatment. was an experience I shall never forget. table of sections for part II of subchapter J Exempt FEMA Assistance Payments from We had the cooperation of the New Tax.—The bill would ensure that FEMA as- of chapter 1 of such Code is amended to read sistance payments are exempt from federal York National Guard, which flew us in as follows: income tax. a helicopter over the area of the World Trade Center, and then met Mayor ‘‘Sec. 692. Income taxes of members of Armed f Forces on death and victims of Giuliani on the ground and visited the certain terrorist attacks.’’. STATEMENTS ON SUBMITTED disaster scene. (3) Section 5(b)(1) of such Code is amended RESOLUTIONS Today, I have come to this Chamber by inserting ‘‘and victims of certain terrorist to introduce a Senate concurrent reso- attacks’’ after ‘‘on death’’. lution. This resolution would express SENATE CONCURRENT RESOLU- (4) Section 6013(f)(2)(B) of such Code is the sense of the Congress that the Pub- TION 66—TO EXPRESS THE amended by inserting ‘‘and victims of cer- lic Safety Officers Medal of Valor tain terrorist attacks’’ after ‘‘on death’’. SENSE OF THE CONGRESS THAT should be awarded to public safety offi- (c) EFFECTIVE DATE.—The amendments THE PUBLIC SAFETY OFFICER cers killed in the line of duty in the made by this section shall apply to taxable MEDAL OF VALOR SHOULD BE aftermath of the terrorist attacks of years ending on or after September 11, 2001. AWARDED TO PUBLIC SAFETY September 11, 2001. SEC. 3. RELIEF FROM ADDITIONAL ESTATE TAX. OFFICERS KILLED IN THE LINE It is with a sad heart that I introduce (a) IN GENERAL.—Section 2201 of the Inter- OF DUTY IN THE AFTERMATH nal Revenue Code of 1986 is amended— this resolution, for once again America OF THE TERRORIST ATTACKS OF (1) in the first sentence by inserting ‘‘(a) IN has seen some of our finest go into SEPTEMBER 11, 2001 GENERAL.—’’ before ‘‘The additional estate harm’s way to help those they are tax’’, and Mr. STEVENS (for himself, Mr. CAR- sworn to protect and serve. Many of (2) by adding at the end the following: PER, and Mr. LIEBERMAN) submitted the these firefighters, police officers, and ‘‘(b) VICTIMS OF CERTAIN TERRORIST AT- following concurrent resolution, which public safety officers gave their lives. TACKS.—The additional estate tax shall not was ordered held at the desk. apply to the transfer of the taxable estate of They made the ultimate sacrifice for any individual who dies as a result of wounds S. CON. RES. 66 our country in the service of their fel- or injury incurred as a result of the terrorist Whereas the Public Safety Officer Medal of low Americans. attacks against the United States on Sep- Valor Act of 2001 (Public Law 107–12, 115 Without regard for their own safety, tember 11, 2001. The preceding sentence shall Stat. 20)— firefighters, police officers, port au- not apply with respect to any individual (A) allows the President to award, and thority officers, rescue personnel, and present in the name of Congress, a Medal of whom the Secretary determines was a perpe- others rushed into the World Trade trator of any such terrorist attack.’’. Valor to a public safety officer cited by the (b) CLERICAL AMENDMENTS.— Attorney General of the United States, upon Center and the Pentagon to help in the (1) The heading of section 2201 of such Code the recommendation of the Medal of Valor rescue of workers in those buildings. is amended to read as follows: Review Board, for extraordinary valor above Senator INOUYE and I visited the Pen- ‘‘SEC. 2201. COMBAT ZONE-RELATED DEATHS OF and beyond the call of duty; and tagon the day before yesterday to view MEMBERS OF THE ARMED FORCES (B) provides that the Public Safety Officer that site. AND DEATHS OF VICTIMS OF CER- Medal of Valor shall be the highest national Many of these people gave their lives TAIN TERRORIST ATTACKS.’’. award for valor by a public safety officer; in helping those they sought to rescue. (2) The item relating to section 2201 in the Whereas on September 11, 2001, terrorists table of sections for subchapter C of chapter hijacked and destroyed 4 civilian aircraft, The truly heroic response of our public 11 of such Code is amended to read as fol- crashing 2 of the planes into the towers of servants to these horrible and evil at- lows: the World Trade Center in New York City, tacks on America and Americans and a third into the Pentagon in suburban should not go unnoticed, and we all ‘‘Sec. 2201. Combat zone-related deaths of Washington, DC; members of the Armed Forces know the acts will not go unpunished. Whereas thousands of innocent Americans and deaths of victims of certain The Public Service Medal of Valor were killed or injured as a result of these at- terrorist attacks.’’. was created to recognize public safety tacks, including rescue workers, police offi- (c) EFFECTIVE DATE.—The amendments officers who act with extraordinary cers, and firefighters at the World Trade valor above and beyond the call of duty made by this section shall apply to estates of Center and at the Pentagon; decedents dying on or after September 11, Whereas these attacks destroyed both tow- and to recognize the protective service 2001. ers of the World Trade Center, as well as ad- that goes often unnoticed in our daily jacent buildings, and seriously damaged the lives. VICTIMS OF TERRORISM RELIEF ACT OF 2001— Pentagon; In 1998, in the U.S. Capitol, Senators, EXPLANATION OF PROVISIONS Whereas police officers, firefighters, public Congressmen, tourists, and staff were Death Tax Relief.—Section 2201 of the In- safety officers, and medical response crews reminded of the tremendous sacrifices ternal Revenue Code currently provides an were thrown into extraordinarily dangerous that officers make every day when Offi- estate tax reduction for members of the situations, responding to these horrendous cers Jacob Chestnut and John Gibson armed forces who are killed while serving in events and acting heroically, without con- a combat zone or who die as a result of inju- cern for their own safety, trying to help and gave their lives defending the peace ries suffered while serving in a combat zone. to save as many of the lives of others as pos- and defending our lives here in the Na- The provision reduces estate tax liability by sible in the impact zones, in spite of the tion’s Capitol. more than half. clear danger to their own lives; and Shortly after that tragic event, I in- The bill would extend this estate tax treat- Whereas these attacks were by far the troduced the Senate version of the ment to individuals who were killed as a re- deadliest terrorist attacks ever launched Medal of Valor Act. The law allows for sult of the September 11 terrorist attack or against the United States: Now, therefore, be five medals to be awarded a year, but I who dies as a result of injuries suffered from it believe it is important to recognize all that attack. Resolved by the Senate (the House of Rep- Income Tax Relief.—Section 692(c) of the resentatives concurring), That it is the sense those who lost their lives on September Internal Revenue Code currently exempts of Congress that— 11, 2001, in the horrendous attacks in Federal military and civilian employees (1) because of the tragic events of Sep- New York City and the Pentagon. They from paying Federal income taxes in the tember 11, 2001, the limit on the number of deserve consideration under this law.

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