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, THURSDAY, SEPTEMBER 13, 2001 No. 119 Senate The Senate met at 9:30 a.m. and was The legislative clerk read the fol- There likely will be rollcall votes called to order by the Honorable DAN- lowing letter: throughout the day’s session. We may IEL K. AKAKA, a Senator from the State U.S. SENATE, be in recess from 12:30 p.m. until 2:15 of Hawaii. PRESIDENT PRO TEMPORE, p.m. today. We are awaiting further PRAYER Washington, DC, September 13, 2001. word from Senator DASCHLE on that To the Senate: matter. The Chaplain, Dr. Lloyd John Under the provisions of rule I, paragraph 3, Ogilvie, offered the following prayer: of the Standing Rules of the Senate, I hereby f Faithful Father, Your words to Josh- appoint the Honorable DANIEL K. AKAKA, a ua so long ago sound in our souls as Senator from the State of Hawaii, to perform MORNING BUSINESS Your encouragement to us today: ‘‘I the duties of the Chair. The ACTING PRESIDENT pro tem- will not leave you nor forsake you. Be ROBERT C. BYRD, pore. Under the previous order, there strong and of good courage.’’—Joshua President pro tempore. will now be a period for the transaction 1:5,6. Thank You for Your faithfulness. Mr. AKAKA thereupon assumed the of morning business for not to extend Your love and guidance are not an on- chair as Acting President pro tempore. beyond the hour of 11 a.m., with Sen- again, off-again thing. We can depend f ators permitted to speak with respect on You for a steady flow of strength. to S.J. Res. 22 for up to 5 minutes each. Just to know that You are with us in RESERVATION OF LEADER TIME Under the previous order, the Sen- all the ups and downs of political life is The ACTING PRESIDENT pro tem- ator from Missouri, Mr. BOND, is recog- a great source of confidence. We can pore. Under the previous order, the nized to speak for up to 5 minutes. dare to be strong in the convictions leadership time is reserved. f You have honed in our hearts and cou- f rageous in the application of them in TERRORIST ATTACKS AGAINST our work in government. RECOGNITION OF THE ACTING THE UNITED STATES Grant the Senators a renewed sense MAJORITY LEADER Mr. BOND. Mr. President, September of how much You have invested in The ACTING PRESIDENT pro tem- 11, 2001, will forever be burned into them and how much You desire to do pore. The Senator from Nevada. American history as a day of horror through them in the onward movement Mr. REID. I thank the Chair. without precedent. of this Nation. It is for Your name’s Our hearts and prayers are with sur- sake, Your glory, and Your vision that f vivors and families of those who were You bless them. Guide and inspire SCHEDULE murdered in New York City, the Pen- them as leaders now in this time of cri- Mr. REID. Mr. President, today the tagon, and in the hijacked airplanes. sis in our Nation. Your word for the Senate will be in a period of morning Although still appalled by the dam- day is, ‘‘Be not afraid, I am with you!’’ business until approximately 11 a.m., age, the United States is in the process Amen. with Senators, as the Chair has an- of recovering from these attacks. f nounced, permitted to speak up to 5 Fate has written many painful chap- PLEDGE OF ALLEGIANCE minutes each regarding S.J. Res. 22. ters in America’s history. Each is The Honorable HARRY REID, a Sen- Last night, there was a unanimous con- sharply engraved into our collective ator from the State of Nevada, led the sent order entered that the following memory. Most are battles and wars: Pledge of Allegiance, as follows: be the order of speakers today: BOND, Gettysburg, Pearl Harbor, Iwo Jima, LINCOLN, SMITH of New Hampshire, Pork Chop Hill. Others were acts of I pledge allegiance to the Flag of the United States of America and to the Repub- STABENOW, COLLINS, GRAHAM, MUR- madmen such as the bombing of the lic for which it stands, one nation under God, KOWSKI, and BYRD. If there is not one of Oklahoma City Federal building and indivisible, with liberty and justice for all. the Senators here on time, it will go the slaying of our Presidents Lincoln, f back to the other side. McKinley, and John F. Kennedy. At 11 a.m. or thereabouts, the Senate The magnitude of Tuesday’s attack APPOINTMENT OF ACTING will resume consideration of Com- defies understanding. It is the scale of PRESIDENT PRO TEMPORE merce-State-Justice Appropriations what happened that day that freezes The PRESIDING OFFICER. The Act, and it is every hope that with the the mind in horror. The wrenching clerk will please read a communication two leaders we can complete action on sights of passenger planes deliberately to the Senate from the President pro that CSJ Appropriations Act early flown into the largest symbol of Amer- tempore (Mr. BYRD). today. ica’s economic and military strength

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate 31-AUG-2001 03:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.000 pfrm02 PsN: S13PT1 S9344 CONGRESSIONAL RECORD — SENATE September 13, 2001 was an assault on how we think of our- rians all the time. First, obviously, is I know the man who is the President selves, our Nation and our role in the prayer, for those who have been lost, of the United States. I know this man. world and in history. for those who suffer, for the families And I am confident that he will throw Vehicles of peaceful domestic travel and loved ones. I ask also for prayers the full weight of the U.S. Government were bent horrifically into missiles of for individuals, for families, for guid- behind the task of identifying and de- death shot into the heart of our econ- ance, that they may be strong, that stroying those responsible for the at- omy—into all of our hearts. The blasts this country may be strong, that we tacks. The President should also have we watched in real-time and in slow- may not be disabled by the threats of the power to take appropriate steps to motion reruns in our collective mind’s terrorism. prevent a reoccurrence. And I know eye have buried splinters deep into our We must continue to be strong as that he has the support of both polit- souls. Americans. There are things we can do. ical parties in the U.S. Congress. And As shock gives way to action, recov- Giving blood is one thing that is read- more importantly, he has the full sup- ery and the identification of those re- ily available. I ask all my constituents port of the American people. sponsible, we must remember this is to listen to their radios and televisions Our Nation must not rest until those not the first time the American people and contact the local blood donor sta- behind the attacks are destroyed. Our have been tested. History has probed tions. unyielding anger will span the world the limits of our strength and patience I ask citizens not to panic. We have and reach the terrorists wherever they many times, over many generations of seen panic in the buying of gasoline may try to hide. The world is not big Americans. with 30-car-long lines. Do not horde. enough to offer them the concealment As the realization of what has hap- Prices are going way up; do not buy. Do they seek. We will find them, we will pened continues to sink into our na- not raise prices. Do not price gouge. get them, and we will make them pay tional consciousness, we must never This country will be strong. We will for what happened Tuesday. forget that each time our Nation is have our economy back on track if we Any nation that seeks to provide pro- tested, each time we have survived—as behave rationally and responsibly. Let tection or cover for the terrorists we will again. us not be crippled by potential ter- ought to think twice before doing so. And while it seems impossible to be- rorism. Let us not put up barriers that The President is correct to make no lieve today, barely days after this hor- are impossible to overcome. distinction between the terrorists and rific attack upon our soil, we must I have talked with people in the air- those nations that shelter them. The draw strength from the knowledge that line industry. Our airline industry is price of doing so will be very high. each test has failed to diminish our Na- suffering billions of dollars of losses. Let us be clear about what Tuesday’s tion. Just the opposite. America’s his- We must have a better airline security attack was—and what it was not. It tory is written by a people who rise to system. But let us be smart about it. was an act of war, not a simple crimi- every challenge, and history has shown Let us not make it impossible to travel nal act. I say it was not merely a we will prevail. by airplane. criminal act because of its scale. It was We are the greatest and most power- We are beginning the process of tak- too large to be only a criminal act. It ful nation today precisely because we ing down the extraordinary security was an act of war against our people, have met and triumphed over adver- items around this Capitol. This is the our way of life, and against all people sity. This is our national identity. This people’s place of business. We want who cherish democracy and freedom. is what it means to be an American. people to be able to visit. Normally on I believe there has been an unfortu- This is the strength of character that Thursday mornings I have an open nate trend in the American Govern- built this Nation over the last four cen- house for Missourians. They could not ment in recent years to ‘‘criminalize’’ turies. get here. I had a tough enough time acts that are by definition acts of war Americans do not face challenges. We getting here myself. We are going to go against this country. That trend has surmount them. And we grow stronger back to business in this Capitol. We delayed our potential responses until as a result. need to go back to business as Ameri- the evidence collected approached the I am confident that we are already cans. We need to build the strength in standards required by a court of law. I seeing this in the days after the dis- our families. That will strengthen our believe that to have been a mistake. aster. We see it in the faces of the New country. The war against terrorism—and its York firemen and police officers, the I hope those considering scheduling war against us—is just that, war. And dedicated men and women who fought sporting events will realize this is part we ought to be free to respond in kind. to protect and recover and who have of our national culture. These should Not only after that fact, but I believe often lost their lives in that effort. A go forward. I ask we not be so terror- the President’s hands ought not to be grim determination and smoldering ized by the terrorists that we forget tied. To ensure our Nation is never pride etched in the ashes on their what we do in this country and why we dealt a similar blow, we must give the faces—etched with sweat. And tears. are strong. President the authority and freedom to And blood. We see it in the faces of our I believe the President has indicated act to preempt such acts. That is he military men and women still breath- the war against terrorism will be con- must be able to strike terrorists before ing life into our Nation’s military com- ducted with great vigor, with no ter- they strike. mand center at the Pentagon. rorist, and no nation harboring them, For many years the prevailing trend We see it in the commitment of the safe. The President’s hands ought not has been to shackle our intelligence urban search and rescue teams and to be tied. So we can ensure our Nation agencies—to err on the side of doing other public safety officers who have is never dealt a similar blow, we must too little rather than doing too much. gone into New York City and into the give the President the authority, sup- I understand the forceful reasons be- Pentagon to help. I am deeply honored port him and give him the resources hind this trend. Nothing is more dear and proud that my good friends in the and provide him the freedom to act, to to us than the protection of our civil Missouri Task Force One, from the Co- preempt the acts of terrorism. liberties. Our political culture at root lumbia, MO, area, are there helping, Tuesday’s attacks have shaken us. is defined by our steadfast guardian- and they want to help. Americans want But the bedrock beliefs and principles ship of our civil liberties. to help. While the terrorists hit their of the United States remain strong. We I believe we can do more to attack targets, caused death and damage, will show the terrorists. terrorism without further encroaching their real aim of terrorism is to strike Our immediate focus must be to re- upon our civil liberties. I believe we a crippling psychological blow. The cover from these attacks. And to tend can strengthen the reach of our intel- terrorists will succeed only if we sur- to the victims and their families. We ligence agencies significantly at no render our confidence in our Nation. may not know the full toll for many risk to our civil liberties. Americans cannot and will not allow weeks. We know the incalculable cost of get- them this victory. In the longer run, we must recognize ting this balance wrong. In our under- Many people have asked me, what that these attacks demand an appro- standable zeal to protect our civil lib- can we do? I hear that from Missou- priate response from the United States. erties, we hampered the very agencies

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.001 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9345 that protect not only our lives but our leadership in the House for returning with such a tragic event, each one of us very way of life. to this city and getting back to busi- feels compelled to tell our own story. America is a different nation today ness, letting these people know we will I rise today to offer my continued than it was Tuesday morning. We have not tolerate this interruption in our prayers and condolences to the victims been attacked in a way without prece- system, and demonstrating we will not and their families. And I rise to add my dent, in kind and magnitude. Our Na- be cowed by the actions of these des- voice to those condemning the atroc- tion needs time to grieve, we need time picable people. ities committed against the United to tend to our dead and to care for the The American people understand an States of America Tuesday morning, wounded and their families. act of war was committed against the September 11, 2001. Tuesday’s attacks have shaken us. United States of America. Make no The four hijackings, and the delib- Yet the bedrock beliefs and principles mistake about it, it was an act of war. erate terrorist attacks on the World that anchor the United States remain You can say it is the Pearl Harbor of Trade Center and the Pentagon, are an strong. Just how strong is something the new millennium, but it is far worse outrage against our nation and against the terrorists will soon discover. than Pearl Harbor. I might add, we re- human decency. I support the Presi- God bless the United States of Amer- sponded to Pearl Harbor and we will re- dent in his pledge to devote all of our ica. spond to this. Make no mistake, the country’s resources to the task of de- The ACTING PRESIDING pro tem- United States of America will respond termining who is responsible for these pore. Under the previous order, the to this heinous act with overwhelming acts and of holding them accountable. Senator from New Hampshire, Mr. force. We will find those responsible In the days to come, we will need to SMITH, is recognized to speak for up to and those who supported these evil reflect on Tuesday’s events to deter- 5 minutes. acts. They will be eradicated. This is mine what we will take from them and Mr. SMITH of New Hampshire. Mr. not a question of bringing criminals to how we will respond. President, this is a very sad time for justice. This is an act of war, and it To begin with, it appears certain that America. The unthinkable has hap- will be responded to as an act of war. these attacks will force us to re-define pened. What we always feared could After we win—and win we will—we do our national defense priorities. Accord- happen, but prayed never would hap- have some serious questions we will ing to many reports, the hijackers of pen, has happened. have to answer. What went wrong? Why the airplanes were armed only with I rise today to pay tribute to the men didn’t we have the intelligence assets knives and boxcutters. This disturbing and women who lost their lives in this we needed? How can we protect our- detail underscores the reality that the cowardly attack against the United selves in the future without giving up greatest threats against our national States of America. the civil liberties we cherish so much? security and our well-being may no I, as so many others, am overcome by Where are our priorities? These are all longer be missiles or tanks or armies. the magnitude of this horrific act, a important questions which need seri- The greatest threat is terrorists or cowardly act against innocent people. ous attention and honest answers. rogue nations armed with simple weap- It is hard to understand what would We must never forget the magnitude ons and a dangerous resolve. motivate people to do such a thing. But of this loss and its effect on our way of It is time that we demonstrate the now I think we understand our hearts life. September 11, 2001, will always be same resolve in preventing and, when must go out to the victims, to their with us. Like December 7, 1941, we will necessary—as now—responding to acts families, and all who have suffered at always remember where we were. In of terror. We need to reconsider how the hands of this evil that struck this the past, we have not decisively acted our security apparatus, our intel- greatest nation on Earth. against some of these terrorist attacks ligence network, and our channels of May God be with those who have and threats. This will not stand any diplomacy can be strengthened and passed and those who are suffering. longer. more effectively employed to ensure Words, I know, are of little solace in a Some talk about multilateral efforts that these attacks are never dupli- terrible tragedy such as this in dealing to combat terrorism; that is fine. I am cated. Let us begin a new dialogue with the shock and pain. I know words here today to say to the American peo- about our national security that ac- may ring hollow compared to the pain ple we will act unilaterally, if nec- counts for this changed and changing and disbelief that the families must be essary, to protect our people. We need reality. Let us devote all our resolve to feeling. I want those families to know to send a clear message to terrorists tracking down and destroying these we are as one nation under God. We are and those countries that harbor them agents of terror. united in our resolve, no matter who that there is no distinction, as the We need to recognize also that Tues- we are, to see justice done on behalf of President has said, between the terror- day’s events must, by necessity, call us the lives lost so senselessly. ists and the country that harbors out of our complacency. For too many We must unite and comfort our fel- them; we will decisively act against years, our national character has too low Americans in these difficult days. this cowardly aggression, and they will often been focused inward. Their grief is immeasurable and they pay the full price for what they did. Tuesday’s tragedy should remind us need our support. They will have it. As our President said, America will of our duty to not only our families My State lost many citizens in this hunt down and punish those respon- and our immediate circles, but of our tragedy, including Thomas McGuinness sible. President Bush will have my sup- duty to our neighbors, our commu- of Portsmouth who was the copilot of port and the support of every American nities, and our nation. American Airlines Flight 11. I knew to do just that. We must be on the of- Still, the reports that we have heard Tom personally. He was a fine man. His fensive against terrorists and those suggest that these terrible attacks family and the families of all those states and individuals who support have brought out much of the best in who have lost loved ones are dev- them. The policies of the past must the American character—the courage astated by this tragedy. They need our change. We are at war, and this is a of the search and rescue team mem- prayers. war that we will win. bers, the commitment of our law en- I commend the efforts also of the God bless America. forcement officers, the generosity of brave men and women who are working The ACTING PRESIDENT pro tem- those who have given their support to around the clock, risking their own pore. Under the previous order, the these efforts, and the sympathy and lives to rescue those still trapped in Senator from Arkansas is recognized to caring that all Americans have ex- both the Pentagon and at the World speak for up to 5 minutes. tended to the suffering. Trade Center. We stand behind them Mrs. LINCOLN. Mr. President, on I am deeply disturbed, however, by and pray for their success. As each Tuesday a series of terrorist attacks on some other reports that are coming to hour goes by, we hope to see another the United States shook our Nation light. Arkansas newspapers reported survivor and another family member and left thousands suffering or dead. Wednesday morning that rumors of oil united. Almost all of us in this Chamber have shortages have forced a run on gas sta- I also commend President Bush and risen to express our compassion. Al- tions in the American heartland, and Senators DASCHLE and LOTT and the most everything has been said. But that some station owners have raised

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.003 pfrm02 PsN: S13PT1 S9346 CONGRESSIONAL RECORD — SENATE September 13, 2001 prices to exploit this fear. I am pleased those from my State of Alaska and and symbols of our Nation—our build- that the Attorney General of Arkansas, throughout the world—in prayer, pray- ings—which represent prosperity in our Mark Pryor, has pledged to investigate er for those who tragically lost their economy. It has not shaken the resolve the actions of these profiteers. Those lives last Tuesday and for those who to recover nor the resolve to pursue who attempt to profit from these are even now fighting for their lives in those responsible. We are prepared to events should know that their actions the rubble associated with the tragedy move heaven and Earth to bring to jus- will not be tolerated and that, if nec- in New York and possibly still at the tice those who are responsible for this essary, they will face prosecution for Pentagon. carnage. their actions. I ask my colleagues to The inhumanity of this act will live But everything did change Tuesday. join me in denouncing this sort of prof- in infamy. We yearn in heartfelt sor- Things will be different in this coun- iteering from tragedy. row for the families of those injured, try. We still do not know the extent of Foremost in my mind is the human those lost. We all join together in sup- the threat, although we do know that dimension of Tuesday’s events. It will port of our President and to assert our we all must be vigilant. likely be several days before we have a resolve to endure the evil wrought I join with my colleagues in an ex- clear sense of how many lives were Tuesday, to ensure that evil is coun- pression of faith and an expression of lost, but there is no doubt that the tered, and that that evil is destroyed. hope and an expression of conviction total will be in the thousands. Numbers The hunt for those responsible has that America will overcome this trag- of this magnitude will ensure that the begun. The terror they have sought to edy. America will never forget this effects of these horrific acts will be felt inspire will not stand. So let’s be very tragedy. by all Americans. clear, recognizing the great and endur- I yield the floor. We now know that Sara Low, a na- ing virtues of our Nation: our liberty, The PRESIDING OFFICER (Mrs. LIN- tive of Batesville, AK, and a flight at- our tolerance, our fairness. These are COLN). Under the previous order, the tendant on American Airlines Flight the very values which the terrorists Senator from Florida is recognized to 11, was killed when her plane struck trampled upon in pursuit of their mis- speak for up to 5 minutes. the World Trade Center. Sara was a guided quest. These will not save those Mr. GRAHAM. Thank you, Madam 1991 graduate of Batesville High School responsible for these crimes. We recog- President. I wish to commend you and and a graduate of the University of Ar- nize our own values are sacrosanct, but Senator SMITH for the eloquent re- kansas. Our deepest sympathy and our our resolve to protect those values is marks you have just delivered to the prayers are with her parents, Mike and absolutely unshaken. We should not, as American people. Bobbie Low, and her family and friends we follow the tracks of the killers to We all are shocked by what occurred as they grapple with this horrible trag- the lairs of their leaders, presume to on September 11, and we recognize that edy. know their identity with certainty. this will be a demarcation date in the It is a horrible and saddening re- Neither can we begin to know their history of America. It will be a date minder of how the shock waves of these motivations for committing the most upon which we will recognize our loss events are felt throughout our nation, criminal of acts—killing innocent peo- of innocence and the new reality of our far beyond New York and Washington. ple. vulnerability. Not since the Civil War As a daughter, as a wife, as a mother If the killers believed that they, has there been a conflict of such vio- and as an American, I am deeply through this act, would enter the King- lence committed on the territory of the pained by our suffering today. United States as we experienced on It has now been over 48 hours since dom of Heaven, they now realize the real destination to which Satan has Tuesday. the first plane struck the World Trade As with Pearl Harbor and the assas- Center, and even now it is possible that guided them. But to the children of America I say: sination of President John Kennedy, there are scores of people trapped in Have faith; your parents, your teach- all Americans will forever remember the debris and rubble in New York and ers, your Government are all working where they were and what was in their in Virginia. Our prayers are with them hard to protect you, to protect you mind as they heard of the tragic events and their families, and it is my great from this horror. Your responsibility is of last Tuesday. Today our prayers are hope that, if there are survivors, they to grow, to learn, to play—and many with the victims in New York and here are rescued soon and reunited with adults are working to bring those re- in the Pentagon and with their fami- their loved ones. lies. We also extend our prayers and sym- sponsible to justice, to ensure that Our admiration and good wishes go pathy to the families of those who were they and those who helped them never to the brave firefighters, policemen, killed in Pennsylvania, where United commit this kind of a crime again. To the terrorists who have sought to doctors, nurses, and all the other emer- Airlines Flight 93 was forced into a bring fear and chaos to the United gency personnel who are working so crash landing. hard to find the survivors and to deal Tuesday morning, these terrorists States, I say to you: You have failed. It with the pain. We pray for our Nation made their statement, at a great and is you who should be afraid, afraid of as well. We have entered a new phase in unprecedented cost of American lives. the sense of justice of the American history, one that will unfortunately be Let our statement to them be that this people, afraid of your fate at the hand marked by a pervasive sense of insecu- was an act of war, and from this point of God, afraid of what you have un- rity. forward, the United States of America leashed. I am fortunate to be a grandfather of is at war against these kinds of ac- As we shared, along with Members of 10 beautiful boys and girls. Their moth- tions. the House, on the steps the other Let them know that although they evening ‘‘God Bless America,’’ let me ers called me Tuesday evening to tell may strike at the United States, they also mention the dimension of this me how frightened the grandchildren cannot strike at the freedom and re- which we all relate to in our own lives. were and that they were wondering solve that make our nation great. I stand here as one who recalls as a whether their neighborhood, whether I join my colleagues in letting these child the ‘‘Day of Infamy,’’ December 7, their school, and whether their own terrorists and anyone else who would 1941. I noticed a piece that indicated brothers, sisters, mothers, fathers, and take such actions against this great the deaths from that surprise attack friends would be subject to the same Nation know, it will not be tolerated. on Pearl Harbor. It was 2,403. Clearly, thing they had just seen on television. I yield the floor. this tragic set of circumstances brings Every time we take a trip, particu- The ACTING PRESIDENT pro tem- the death toll to many times that larly by airline, we are likely to be re- pore. The Senator from Arkansas amount. minded of Tuesday’s incident. We will yields the floor. We have the realization for the first also face increased security, particu- The Senator from Alaska, Mr. MUR- time that an aircraft has been used as larly at airports and seaports. Our bor- KOWSKI, is recognized to speak for up to a weapon by terrorists. How do we pro- der checkpoints will be reinforced. But 5 minutes. tect the public? What change is it all of these are necessary changes. Mr. MURKOWSKI. Mr. President, I going to make in transportation? It Frankly, I believe the vast majority of join my colleagues and all Americans— has shaken some of the foundations Americans will agree that there will be

VerDate 31-AUG-2001 03:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.009 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9347 reasonable, new restrictions in light of ple, communicating computer to com- network is experiencing intermittent dif- the new period of American history in puter does not allow the kind of detec- ficulties. Consult your supervisor before you which we will now be living. tion we have relied on in the past. It is log on.’’ To honor the lives of the victims, we The crash had now become a security cri- going to be important that we make a sis. By noon, at a hastily called ‘‘town meet- must take steps to assure that other new commitment and a new invest- ing,’’ Hayden walked onto the stage of the Americans will not be subject to the ment to build up that capability to agency’s Friedman Auditorium and told same fate. A first step in that honoring what it has been historically. thousands of employees—in person and on will be to support the President of the With the permission of the body, I closed-circuit television—what had hap- United States of America. He will have am submitting for the CONGRESSIONAL pened. some extremely difficult decisions to RECORD a recent article which appeared ‘‘We are the keeper of the nation’s se- make in the next few days. in the Washington Post which exam- crets,’’ he said at the end of his grim presen- Clearly, we are not going to allow tation. ‘‘If word of this gets out, we signifi- ines the National Security Agency, cantly increase the likelihood that Ameri- this horrific act to go unanswered. As some of its immediate challenges, and cans will get hurt. Those who would intend has been the case in so many other in- the pathway to a stronger and more se- our nation and our citizens harm will be cidents of conflict, we will enter this cure future that is being developed emboldened. So this is not the back half of a commitment to see that those who under the direction of its leader, LTG sentence tonight that begins, ‘Honey, you have committed these deeds will be Michael V. Hayden. I ask unanimous won’t believe what happened to me at work.’ brought to justice with great enthu- consent that be printed in the RECORD. This is secret. It does not leave the build- siasm. The real test will be whether we There being no objection, the mate- ing.’’ Could all 30,000 employees live by the code are prepared to make the long march rial was ordered to be printed in the of secrecy they’d grown up with? that is likely to be required in order to RECORD, as follows: To Hayden, a career intelligence officer root out the many cells of terrorists [From the Washington Post Magazine, July who had served in the first Bush White House around the world that represent a con- 29, 2001] and had run the Air Force’s cyberwar center, tinuing threat to our security. The TEST OF STRENGTH the computer crash seemed the perfect matephor for an agency desperately in need President will need our support then For two years, Air Force general Michael Hay- of new technology. But the reality, he would even more than now. den has waged a secret struggle to overhaul quickly see, was actually worse. Antiquated We also need to rebuild some of our the world’s most powerful spy agency. computers were the least of the NSA’s prob- Nothing’s riding on his success but the fu- institutions that will be on the front lems. ture of America’s national security lines of our efforts to assure the secu- By virtue of its magnitude and complexity, rity of America. One of those with (By Vernon Loeb) the NSA invites superlatives and outsize which I feel a particular responsibility The call came after dinner on a Monday comparisons. Its collections systems scoop is our national intelligence capability. night, as the general was watching the TV up enough data every three hours to fill the To deal with terrorism, there is no al- news at home. There was a computer prob- Library of Congress. It employs the world’s ternative but to have the most effec- lem back at the agency. A software failure largest collection of linguists and mathe- had knocked out the network. maticians and owns the world’s largest array tive capacities to anticipate what the ‘‘Give me a sense,’’ the general commanded of supercomputers. To power the supercom- motivations and capabilities of our the duty officer over the secure phone line. puters, it uses as much electricity as the particular adversaries are and then to ‘‘What are we talking about?’’ city of Annapolis. To cool them, it maintains be able to interdict those capabilities ‘‘The whole system is down,’’ the duty offi- 8,000 tons of chilled water capacity. One of before they can be put into action. cer said. A result of overloading. Plus, the its most powerful computers generates so We have seen over the past several network had become so tangled that no one much heat it operates while immersed in a years a degradation in some important really seemed to know how it worked. There nonconducting liquid called Flourinert. areas of our intelligence capabilities. was no wiring diagram anyone could consult. But beyond the gee-whiz factor lies an It was January 24, 2000. Lt. Gen. Michael V. agency in need of reinvention. We will know in the next few weeks Hayden was still new on the job—just fin- Heir to America’s World War II code- whether those shortfalls bear a part of ishing his 10th month as director of the Na- breaking heroics, the agency was created in the responsibility for what happened tional Security Agency—but he did not need secret by President Harry Truman in 1952. on Tuesday. a duty officer to explain the implications of Signals intelligence—SIGINT, in spy par- Illustrative of the areas in which we his computer problem. The agency’s con- lance—has long been considered even more are going to need to pay renewed atten- stellation of spy satellites and its giant lis- valuable than human intelligence or sat- tion and additional new resources will tening stations on five continents were still ellite imagery, because the quantity and be rebuilding our human intelligence. vacuuming communications out of the ei- quality of the potential take is so much ther. Their vast electronic ‘‘take’’—inter- greater. The NSA was intended to be the For a long period during the cold war cepted telephone calls, e-mails, faxes and world’s premier SIGINT agency, encoding we became increasingly dependent radio signals—still poured into memory buff- American secret communications while upon technology as the means of gath- ers capable of storing 5 trillion pages of data stealing and decoding other nations’. Soon ering information. That played a crit- at agency headquarters at Fort Meade. But after its founding, the agency started grow- ical role. But in this new era there is once in house, the data froze. Nobody could ing into a juggernaut that would put listen- going to be no substitute for having access it, nobody could analyze it. ing posts around the globe, spy ships and well-trained, diverse in background and The NSA—the largest and most powerful submarines out to sea, and reconnaissance language skills, and technologically spy agency in the world—was brain-dead. planes and satellites in the heavens. Hayden called George J. Tenet on a secure The NSA rose to dominance in what were, competent persons who can represent phone and broke the news to the director of in telecommunications terms, simpler times. the interests of the United States in central intelligence. The nation’s two top Radio signals and microwaves were ripe for getting inside these organizations so spymasters knew there was nothing they the taking as they bounced off the that we will have a level of under- could do but get out of the way and let the ionosphere or traveled straight out into standing that will allow us to prepare technicians try to figure out what was space; to intercept them, one simply needed for and to avoid incidents such as Tues- wrong. The keepers of the nation’s secrets to get in their path. And the NSA did this day’s tragedy. now had another one to keep—a secret Sad- better than anyone else, using everything We also must make some invest- dam Hussein or Osama bin Laden or some from portable receivers that picked up vibra- other enemy of the state could have surely tions off windowpanes to geosynchronous ments in some of our technological used to great advantage. satellites 22,000 miles above Earth. areas, particularly the National Secu- The next morning, the only consolation It was the NSA that first reported the pres- rity Agency, which for many years had Hayden had was the snow: A blizzard had ence of Soviet offensive missiles in Cuba in been our prime means of gathering in- blasted Washington and shut down the fed- 1962. It was the NSA that first warned of the formation by essentially eavesdropping eral government, giving his gathering army Tet offensive—five days before the attacks on our adversaries. That capability, of computer engineers and techies some commenced across South Vietnam in Janu- which was developed to a very high time—without the workforce around—to ary 1968. All told, the NSA broke the codes of level during the cold war when most of bring the agency out of its coma. Hayden’s 40 nations during the Cold War and, through despair deepened as two full days passed an operation code-named Gamma Guppy, those communications were over the without progress. The mathematicians and intercepted personal conversations of Soviet air, has been degraded as countries, in- linguists reported back for duty Thursday Premier Leonid Brezhnev. In 1986, President cluding our own, have gone to other morning, only to find a handwritten message Ronald Reagan went so far as to bomb Col. forms of communication. As an exam- taped to doors and computer terminals: ‘‘Our Moammar Gaddafi’s Tripoli headquarters

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.012 pfrm02 PsN: S13PT1 S9348 CONGRESSIONAL RECORD — SENATE September 13, 2001 after NSA intercepts revealed Libya’s role in With more and more digital data moving War. ‘‘He wanted to travel, and I guess there a terrorist attack on a Berlin discotheque across the Internet and bouncing off commu- wasn’t a better way to do it,’’ Harry says. that had killed two U.S. servicemen and a nications satellites, SIGINT has become Still, after graduating, Michael married his Turkish woman. more important than ever. Yet the college sweetheart, a Chicagoan named Jean- Making and breaking codes requires abso- interceptible data stream has threatened to ine Carrier. She typed and proofread his mas- lute secrecy, and the NSA took secrecy to drown the NSA’s analysts in a roiling sea of ter’s thesis in American history at Duquesne extremes. Most Americans had never even 1s and 0s. while he drove a cab, worked as a nigh bell- heard of the agency for decades after it was In this new context, private industry sud- man at the Dusquesne Club and coached St. established. In 1975, a Senate select com- denly controls the technology that the NSA Peter’s to a football title. mittee headed by Sen. Frank Church re- needs to keep pace. But the NSA has been Then he started his service in the Air vealed that the NSA had far exceeded the isolated from the dynamism of the market Force, as an analyst and briefer at the head- foreign intelligence mission envisioned by by its own cult of secrecy. The agency has quarters of the Strategic Air Command at Truman and had been spying domestically on fallen farther and farther behind, unable to Offutt Air Force Base in Nebraska. Harry the likes of Jane Fonda, Joan Baez, Ben- sort through a torrent of information Hayden Jr. figures his older brother joined jamin Spock and the Rev. Martin Luther streaming back into Fort Meade’s computers the service because he had read everything King Jr. and, to some extent, incapable of replacing he could about American history and wanted The revelations led to laws and regulations its Cold War troops trained in radio inter- to start participating. that strictly prohibit the NSA from spying cepts and Russian with Internet engineers A decade into his Air Force career, Michael on U.S. soil—laws and regulations, agency and Arabic speakers. held the rank of major and was chief of intel- officials say, they now strictly follow. But In 1999, the House Permanent Select Com- ligence for a fighter wing at Osan Air Base in the agency’s cult of secrecy proved far more mittee on Intelligence declared that the NSA South Korea. The director of operations, Col. resilient. Even after the Church committee’s was ‘‘in serious trouble,’’ desperately short Chuck Link, a fighter pilot, detected the revelations, it was a standing joke at Fort of capital and leadership. Civil libertarians, same leadership qualities Dan Rooney had Meade that NSA stood for No Such Agency Internet privacy activities and encryption recognized years earlier. So did Hayden’s or Never Say Anything. In 1982, when author entrepreneurs—not to mention the European men. Gene Tighe, a young intelligence offi- James Bamford was writing his Parliament and thousands, perhaps millions, cer, remembers Hayden more as a mentor groundbreaking first book about the agency, of ordinary Europeans—question the con- than a commanding officer. ‘‘He thought it The Puzzle Palace, the Reagan administra- tinuing need for such an agency, describing was a great thing to be out and about and tion threatened to prosecute him for espio- the NSA as an ‘‘extreme threat to the pri- getting this opportunity overseas,’’ Tighe re- nage if he did not return sensitive documents vacy of people all over the world,’’ in the calls. ‘‘He wanted us to see the temples, the he had obtained through the Freedom of In- words of an American Civil Liberties Union rice paddies, go shopping in Hong Kong. He formation Act. The administration ulti- Web site. took a vested interest in making you feel mately backed down, but its treatment of But the U.S. government considers SIGINT important.’’ Bamford was a sign of how secretive and ar- so essential that one senior intelligence offi- After Osan, Hayden spent six months rogant the NSA had become. (By contrast, cial recently called the NSA’s possible de- studying at the Armed Forces Staff College Hayden cooperated with Bamford on his sec- mise the greatest single threat to U.S. na- in Norfolk and 18 months learning Bulgarian ond book about the NSA, Body of Secrets, tional security. So, three years ago, when before he became an Air Force attache to which was published in May.) the House and Senate intelligence commit- Sofia. The agency’s high opinion of itself was tees began sounding the alarm, the director Two years later, he came home without a backed up by its success throughout the Cold of central intelligence began an all-out new assignment, but Link quickly recruited War, success that rested on three pillars: search for somebody to fill the NSA’s leader- him to a job on a prestigious policy and plan- massive budgets, superior technology and ship void. George Tenet turned to a man who ning staff inside Air Force headquarters at the luxury of having a single main adver- lacked the innate spookiness normally asso- the Pentagon. Soon Link’s boss, Gen. Chuck sary—the Soviet Union—that enjoyed nei- ciated with this spookiest of agencies. A Boyd, the Air Force’s director of plans, took ther of those first two advantages. Now, all those pillars have crumbled. small man with a crew cut and a bald pate. notice of Hayden’s ability to think concep- The NSA is still one of the largest employ- A man with a scholarly interest in history. A tually and put his thoughts down on paper. ers in the state of Maryland, but it lost 30 man who would show no fear of either the ‘‘He’s got the soul of a historian, he really percent of its budget and an equivalent slice public or the agency he would have to over- does,’’ Boyd says. ‘‘He thinks things are ex- of its workforce during the 1990s. And in- haul. plainable on the basis of how things have stead of one backward adversary, the agency Michael Hayden, 56, grew up in an era when been. It’s a scholarly bent, combined with an found itself trying to deploy against elusive the backbone of America’s industrial might exceptional sensitivity to human behavior.’’ terrorist groups, drug cartels and rogue comprised steel mills and factories, in a One day in the summer of 1989, Boyd told states, in addition to a full slate of tradi- neighborhood on Pittsburgh’s North Side Hayden to go down to the National Security tional targets ranging from Russia to China where men carried lunch buckets to work Council and see two men, an Air Force gen- to India to Pakistan. In 1980, the NSA fo- and proudly traced their ancestors to County eral and an arms-control expert. Hayden cused about 60 percent of its budget on the Galway. took the Metro across the river and reported Soviet Union. By 1993, less than 15 percent His father, Harry Hayden Sr., was a welder to an office on the third floor of the Old Ex- was fixed on Russia. at Allis-Chalmers, a plant that made giant ecutive Office Building. Only then did he re- But if the end of the Cold War was hard on electrical transformers. Harry worked the alize the he’d been sent to a job interview. the NSA, the onset of the digital age was 3:30-to-midnight shift, leaving his wife, He spent the next two years as the NSC’s harder. More and more communications were Sadie, to raise their three children almost by director for defense policy and arms control, moving through hard-to-tap fiber-optic herself. But he remembers how, when he where he wrote national security adviser cable. More and more were encoded with would awake before dawn and walk to the Brent Scowcroft’s annual policy document powerful new encryption software that was bathroom, the light would always be on in on strategy, then two more years at the Pen- proving virtually impossible to break. By the Michael’s room at 5:30 in the morning. The tagon running a policy staff for the secretary late 1990s, NSA officials had given up a futile boy was studying. of the Air Force. In 1993, Boyd, then com- effort to limit the spread of encryption soft- Michael was a standout student, and an mander of the U.S. European Command in ware, but they were left fearful of how their athlete as well. ‘‘We never had to talk about Stuttgart, Germany, asked Hayden to head agency’s capabilities could wither if, say, Michael,’’ says Harry, now 81. ‘‘Everybody its intelligence directorate as the United Microsoft started building powerful else was.’’ States was becoming directly involved in the encryption algorithms into its operating sys- As early as grade school, Michael showed a Balkans. From his attache days in Bulgaria, tems. talent for impressing talent spotters. His Hayden probably knew the region as well as More immediately, the NSA had to con- football coach at the St. Peter’s parochial anyone in the U.S. military. front the exploding volume of global commu- schools says Hayden clearly had ‘‘the On June 2, 1995, Hayden walked into the nications. In the 1950s, there were 5,000 com- smarts’’ to play quarterback—no small judg- U.S. Embassy in Belgrade to learn that an puters in the world and not a single fax ma- ment, coming as it does from Dan Rooney, American F–16 piloted by Air Force Capt. chine or cell phone. Today, there are more son of the founding owner of the Pittsburgh Scott O’Grady had been shot down over Bos- than 100 million hosts on the Internet serv- Steelers and now the franchise’s president. nia. The news marked a turning point in ing hundreds of millions of networked com- In time, however, Hayden distinguished him- Hayden’s thinking as a soldier. puters, not to mention 650 million cell self most in the classroom, graduating near Serb Gen. Rathko Mladic had been saying phones in use worldwide. And with the top of his class at North Catholic High publicly that he would deny Serb airspace to broadband fiber-optic cable being laid around School and at Duquesne University, where he NATO. Operations officers at the European the world at the rate of hundreds of miles an majored in history. Command had dismissed the threat, but Hay- hour (virtually the speed of sound), the speed One day, he surprised his father by coming den was familiar with Mladic and did not see for moving digital data down these slender home from college and announcing that he him making idle threats. As an intelligence pipes more than doubles annually—faster had signed up for Air Force ROTC. It was officer, he had informed the operational even than computing power, which doubles 1967, when a lot of young men were burning commanders of Mladic’s statements and re- every year and a half. their draft cards to protest the Vietnam layed his impression that the general was

VerDate 31-AUG-2001 03:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.008 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9349 not to be trifled with. But he didn’t believe controversy that wouldn’t go away, fueled by plenty of room to fashion a solution, Hayden it was his place to voice further objections— the lawmakers’ suspicions that the NSA was said, but pressure was building ‘‘downtown.’’ until after O’Grady was shot down. stealing European companies’ secrets and Hayden has no trouble remembering the ‘‘Maybe I [should] have picked up the passing them on to their American competi- day’s event. That Thursday happened to be phone and told the air commander, ‘Every tors, a practice NSA officials say they do not his 32nd wedding anniversary. That night, time I see that orbit on your morning slides, engage in. with the system showing some signs of life, I get nervous,’’’ Hayden says, ‘‘But I didn’t.’’ Beyond industrial espionage, the Euro- he took Jeannie to an inn west of Frederick The incident forced Hayden to see the ob- peans also worried about individual privacy, called Stone Manor for dinner. On the drive solescence of the military’s traditional hier- because the U.S. laws and regulations that home, Robert Stevens, the NSA’s deputy di- archy, in which intelligence was seen merely keep the NSA from spying on Americans pro- rector for technology, called to say that he as a support function. Increasingly, Hayden vide no similar protections for foreigners. By needed to talk to Hayden ‘‘secure.’’ Hayden realized, intelligence was becoming so essen- 1999, this controversy had attracted the at- called him back on a secure line as soon as tial to make use of and counter sophisticated tention of civil libertarians in the United he got home. weaponry that it had become as much of a States who were concerned about possible The system had been dysfunctional for weapon in its own right as any bomb or mis- NSA spying against Americans on the Inter- more than 72 hours. It was back up to about sile. ‘‘It was a kind of redefinition of self, as net, which the agency is prohibited by law 25 percent capacity, Stevens said, but he a professional,’’ he says. ‘‘It’s not about in- from doing. didn’t think the techies were on the right telligence successes or failures; it’s just suc- While all this was brewing, the agency’s path. He wanted permission to take the en- cesses or failures.’’ boosters on Capitol Hill were becoming tire system down and start all over again. Hayden’s next assignment, as commander alarmed that the NSA was in serious trouble By then, a team of NSA engineers and con- of the Air Intelligence Agency at Kelly Air because of new communications tech- tractors had pinpointed an outdated routing Force Base in San Antonio, gave him plenty nologies—fiber-optic cables that couldn’t be protocol as the cause of the failure. With the of opportunity to further hone his thinking. tapped, encryption software that couldn’t be system completely shut down, they began in- Kelly is where the Air Force works on its broken and cell phone traffic too voluminous stalling a massive hardware and software up- plans for cyberwar—attacks designed to take to be processed. grade. And by Friday morning, the system down adversaries’ computer networks. Hay- Hayden was keenly aware of the irony: He was coming back to life, node by node. Deep- den next served as deputy chief of staff for was inheriting an agency that was simulta- ly relieved, Tenet drove over to Fort Meade the United Nations Command and U.S. neously being accused of omnipotence and that night and personally shook the hands of Forces Korea. To those inculcated in mili- incompetence. And then, almost as soon as dozens of disheveled, unshaven techies, many tary culture, this move sent a message. He he arrived at Fort Meade, Hayden discovered of whom hadn’t been home since Monday. crossed the divide between the bookish world another wrinkle: The NSA director didn’t Hayden, feeling much better about life the of intelligence into the front-line world of really run the agency. The agency, Hayden following afternoon, went cross-country operations. In the words of one senior intel- soon come to understand, had been diffused skiiing with his wife on the Fort Meade gold ligence official, ‘‘Here you’ve got an intel into five directorates that ran as fiefdoms course. Soon, he noticed that he was being weenie who the four-star operator recognized unto themselves. The bureaucratic overlap shadowed by an NSA patrol car. Trudging as something special.’’ was staggering, and no one had a picture of through the snow, an officer asked Hayden Late in 1998, he was leading a military del- the whole. There were 68 different e-mail sys- to take off his skis and come with him back egation negotiating with a group of North tems at Fort Meade, and 452 internal review to the operations center. George Tenet need- Korean generals at Panmunjon, where talks boards of one sort or another. ed to talk to him—ABC News had the story. at that high a level had not taken place in It wasn’t as though the bureaucracy was Tenet told Hayden to talk to the reporter, seven years. He was in Seoul when Tenet, actively trying to sabotage him—‘‘that John McWethy, on the record so he would searching for a new NSA director, summoned would have required them to unify,’’ Hayden get the story right. Hayden said fine. He him for an interview. They met at the Wye says. Rather, he couldn’t get the senior lead- knew McWethy, and knew where he was Plantation on Maryland’s Eastern Shore, ership to agree on anything, ‘‘from whether based—the Pentagon. The leak had come where Tenet was attending Arab-Israeli or not we should invest $2 billion in a new from there, not Fort Meade. ‘‘You held the peace talks hosted by the Clinton adminis- collection system to whether we should serve line,’’ Hayden later told his own people. tration. After a relaxed interview in which grilled cheese’’ to visiting delegations. ‘‘You kept it secret while it had to be se- Tenet asked Hayden about his views on life Early in his tenure, Hayden began plotting cret.’’ and change, Hayden flew back to Korea with an internal coup, naming two review teams— But with Hayden’s relief came a realiza- a clear signal from Tenet that the NSA job one made up of NSA insiders, the other pri- tion about the larger task ahead: The price was his. Given the job’s normal three-year vate-sector experts—to tell him what was he would pay for moving too cautiously term and his lack of SIGINT expertise, Hay- wrong with the agency. The results were would greatly exceed whatever he would pay den knew he’d been handed the most chal- startling. for being too bold. lenging assignment of his career. Still, he re- The insiders’ report blasted Hayden’s pred- He would be bold. turned to Seoul in a celebratory mood. He ecessors and the NSA’s senior civilian man- Hayden’s internal coup began with an in- took his wife to the movie theater at agers, saying the agency ‘‘has been in a lead- nocuous act: He hired a chief financial offi- Yongsan Army Garrison, which was playing ership crisis for the better part of a decade cer. Without one, he had no way of making a new movie starring Will Smith, ‘‘Enemy of . . . the legacy of exceptional service to the strategic decisions based on how much the State.’’ nation that is NSA is in great peril. We have money was being spent across the entire The film opens with a scene in which a run out of time.’’ agency on line items like research and devel- rogue NSA official (played by Jon Voigt) as- The outsiders cited the agency’s ‘‘reluc- opment, information technology and secu- sassinates an influential congressman (Jason tance’’ to move from ‘‘legacy targets to rity. So Hayden hired Beverly L. Wright, a Robards) who refuses to back a bill expand- newer targets’’ and said that NSA had al- Wellesley College graduate with an MBA ing the agency’s power to spy on Americans. ready become ‘‘deaf’’ to concerns from its from the Harvard Business School and a From there, the movie portrays the NSA as customers—military commanders, White solid reputation as CFO at the old Baltimore a lawless band of high-tech assassins who try House policymakers and the CIA. ‘‘Right investment bank of Alex. Brown. their best to kill a Washington lawyer now, when stakeholders tell NSA that ‘NSA For an agency that had always promoted (Smith) who just happens to witness another doesn’t get it,’ the agency simply repeats its own and promised lifetime employment, NSA assassination on streets around Dupont itself and talks louder,’’ their report said. hiring from the outside was a radical act. Circle. But Hayden remained cautious, painfully Then Hayden did it again, hiring a former As Hayden watched, surrounded by GIs aware that he was no expert in signals intel- GTE telecommunications executive named whooping it up in the theater, he sank lower ligence. He thought he saw what needed to Harold C. Smith to take control of the agen- and lower in his chair. be done but didn’t feel sure, especially when cy’s information technology. In doing so, he In real life, the NSA’s image problems were many of his senior managers who were wanted to extend a powerful metaphor he’d a bit more complicated. SIGINT experts were reluctant to move. drawn from his experience in the Air Force. In 1997, the European Parliament had com- Then the computers crashed in January He had come to see the service as the mili- missioned a report on Echelon, a global com- 2000, confirming his worst fears about the tary expression of the American aviation in- munications system. That report had con- agency’s antiquated technology and its lead- dustry and American culture—its dynamism, cluded that the NSA was capable of inter- en bureaucracy. its risk taking, its proud individualism. He cepting every fax, phone call and e-mail in With the snow outside headquarters still believed that the NSA had to become the in- Europe. The conclusion was wrong—Echelon being cleared, Hayden strode off the stage in telligence expression of American tech- is actually a relatively small system through Friedman Auditorium. His challenge—This nology and American culture. It needed to which the NSA and its electronic spy part- does not leave the building—was still ringing embrace the innovative, flexible, entrepre- ners in the United Kingdom, Canada, Aus- in everyone’s ears. In a room off the agency’s neurial spirit that had come to define the tralia and New Zealand divide responsibility operations center, he called all of the agen- digital age. ‘‘We can no longer provide to for processing intercepted satellite commu- cy’s top technicians and engineers together America what we need to do so isolated from nications—but it did not matter. The Euro- and told them just how serious the meltdown America,’’ he says. ‘‘To end the isolation, pean Parliament’s anxieties flared into a had become. Tenet was still giving them America needs to know us better.’’

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.009 pfrm02 PsN: S13PT1 S9350 CONGRESSIONAL RECORD — SENATE September 13, 2001 And so, as his housecleaning began, Hay- Now, he hoped, senior managers could encrypted messages ‘‘difficult, if not impos- den also launched an openness campaign, ap- focus on going after bytes. sible,’’ even with the world’s largest collec- pearing in April 2000 at a rare public session A decade ago, a single NSA collection sys- tion of supercomputers. of the House Permanent Select Committee tem could field a million inputs per half- One alternative is to steal 1s and 0s before on Intelligence. With the European Par- hour. Automated filtering systems would they are encrypted, or after they are liament continuing its Echelon investigation winnow that to 10 messages that needed re- decrypted. This requires classic esponage—as and the American Civil Liberties Union voic- view by analysts. With today’s explosion in practiced by the Special Collection Service, ing similar concerns, Hayden told the com- communications traffic, multiply a million the top-secret joint CIA–NSA operation. In mittee that NSA employees took great care inputs per half-hour by a 1,000 or 10,000, and the Code War, American spies recruited So- ‘‘to make sure that we are always on the cor- 10 messages needing review becomes 10,000 or viet code clerks. Now the targets of choice— rect side of the Fourth Amendment.’’ 100,000. Cutting-edge fiber-optic systems now the people paid to sell out their governments ‘‘Let me put a fine point on this,’’ Hayden move data at 2.5 to 20 gigabits per second. or organizations—are systems administra- testified. ‘‘If, as we are speaking here this The latest Intelsat satellites can process the tors and other techies capable of providing afternoon, Osama bin Laden is walking equivalent of 90,000 simultaneous telephone encryption keys or planting electronic across the bridge from Niagara Falls, On- calls. A single OC3 line on the Internet ‘‘trapdoors’’ in computer systems that can tario, to Niagra Falls, New York, as he gets transmits 155 million bits per second—the be accessed from computers on the other side to the New York side, he is an American per- equivalent of 18,000 books a minute. of the world. son. And my agency must respect his rights From an operational standpoint, the NSA’s The irony amid all this new technology is against unreasonable search and seizure.’’ Cold War vacuum-cleaner approach is no that human beings—old fashioned spies—are Rep. Heather Wilson (R-N.M.) pressed Hay- longer tenable—there’s just too much to be suddenly as important as ever. den on this point. ‘‘Does NSA spy on the law- collected, and it’s too hard to process. The With his organization laid out and his mis- ful activities of Americans?’’ she asked. only way for the NSA to remain relevant in sion clarified, Hayden began updating his ‘‘No. The answer is we do not,’’ Hayden this environment is to target the individuals human resources last December. He freed up said. enough slots and cajoled additional funds ‘‘Do you inadvertently collect information and organizations whose communications from Congress to hire 600 people this year— on U.S. citizens?’’ asked Rep. Tim Roemer are most valuable—and targeting now is three times what the agency had been hiring (D-Ind.). more complicated than programming a tar- Yes, Hayden replied. But, he said, ‘‘if it is get’s telephone number into a computer. To annually. Sixty senior managers accepted not necessary to understand the foreign in- succeed in the digital age, NSA analysts early retirement incentives, giving him telligence value of the information collected, must understand how a target commu- enough headroom to reach down a genera- it is not reported, it is destroyed. And it is nicates, what its Internet protocol addresses tion in selecting new managers. Maureen A. destroyed as quickly as we can do that.’’ are, and how its traffic is routed around the Baginski, a member of the insiders team Back at Fort Meade, Hayden’s grand plan world. that produced the scathing management as- for rebuilding the agency for the digital age And with so many conceivable targets in sessment for Hayden back in 1999, headed the was slowed by his inability to pick a deputy. the world, the only way to zero in on the class. He had departed from tradition again, ap- most important ones is to ask White House She would run the newly created direc- pointing a search committee instead of sim- officials, Pentagon commanders and CIA of- torate of signals intelligence. Now, an oper- ply anointing one of the bureaucracy’s nomi- ficers to identify the targets they’re inter- ations officer targeting a terrorist cell could nees. He was intrigued by the notion of pick- ested in. The days when NSA officials sent team with an engineer who could help him ing an outsider, even though retired Adm. the White House whatever interested them figure out how the cell’s communications Bobby Ray Inman, a legendary past NSA di- are over. were routed around the world. And though rector whom Hayden frequently called for Now, SIGINT requires the agility to move Baginski, too, is a former Russian linguist, advice, strongly objected. ‘‘What I thought from system to system and adapt to new she clearly understood the challenges ahead. he couldn’t do was go to somebody who technologies. If that can be done, the poten- ‘‘You could literally stare for 25 years at the didn’t know the business,’’ Inman recalls. tial for electronic spying is enormous. So- Soviet land mass and never have this kind of ‘‘The learning curve is too long, and you’d phisticated Internet surveillance techniques volume problem,’’ she says. ‘‘They were slow, get waited out.’’ now make it possible to acquire data ‘‘in mo- so it was okay if we were slow. Today, it’s Ultimately, Hayden resolved the conflict tion’’ across the network—and data ‘‘at rest’’ volume, it’s velocity and it’s variety.’’ by picking an insider who had worked as an in computer databases, the new frontier. Her management style, too, is more cur- outsider. William B. Black had spent 38 years ‘‘The world has never been more wired to- rent—more attuned to the idea of empow- running some of the agency’s spookiest oper- gether than it is today,’’ says Stewart Baker, ering the people beneath her. When a U.S. ations before retiring in 1997 and going to who served as the NSA’s general counsel Navy EP–3 reconnaissance aircraft—an NSA work for Science Applications International from 1992 to 1994. ‘‘It’s the golden age of espi- asset—crash-landed on China’s Hainan Island Corp. He was, by training, yet another Rus- onage. Stealing secrets is going to get even this spring after colliding with a Chinese sian linguist. But Black had served a tour as easier for people who employ technologically fighter jet, an operations officer called chief of an elite unit focused on Russian advanced tools and are willing to work ag- Baginski at home late on a Saturday night, communications. More important, he had gressively at it.’’ told her what had happened and said, ‘‘You run the Special Collection Service, the joint Even so, the challenges are formidable. will want to come in.’’ NSA–CIA operation that works out of foreign The NSA is known to be hard at work trying Baginski replied: ‘‘No, I will not want to embassies and fuss the talents of human to gain access to fiber-optic cables. How it is come in.’’ Her reasoning was that the agency spies and ultra-tech eavesdroppers to get doing is not publicly known. One means already had a person charged with running very close to particularly difficult targets. would be tapping undersea cables or placing an emergency response operation. ‘‘Why Most telling was Black’s final NSA assign- interception pods over ‘‘repeaters’’ that peri- should I do it in a crisis if someone else does ment: special assistance to the director for odically boost fiber-optic signals. But even if it every day?’’ Baginski said. information warfare. In that role, he had es- the lines can be tapped, transmitting the As Baginski was settling in, Hayden was tablished the government’s preeminent torrent of intercepted data from the depths busy looking outside the NSA for new people cyberwarfare unit—and alienated so many of the ocean to Fort Meade in anything close to work for her—and soon found the agency NSA bureaucrats by poaching on their cher- to real time would be far harder still, pos- swamped. In February, the home of No Such ished turf that resignation was his only via- sibly requiring the NSA to lay its own fiber- Agency and Never Say Anything held a job ble option. optic lines from the tap to some sort of relay fair to recruit computer scientists, mathe- Hayden liked Black’s expertise and his rep- station. maticians, linguists and analyst to become utation as an iconoclast. In July 2000, he in- The most recent European Parliament re- new spooks. Seventeen hundred people reg- vited Black to his house for dinner. Over port on Echelon concluded that such links istered in advance—and hundreds of walk-ins couscous and roasted vegetables the director would be far too costly. The report also said dressed in dark business attire showed up had prepared himself, Hayden made it clear that new laser regenerators used to amplify and waited in a line that snaked through the that he wanted a deputy who could help fiber-optic signals cannot be tapped the way parking lot. Hayden’s openness initiative change the system, not end-run it. Black’s repeaters can, meaning that ‘‘the use of sub- was paying dividends. one-word answer—‘‘Exactly’’—convinced marines for the routine surveillance of inter- Soon, he advertised in the outside world to Hayden that he had his deputy. national telephone traffic can be ruled out.’’ fill eight other top jobs, including chief in- With Black onboard, Hayden was ready to The Navy’s decision to spend $1 billion to formation officer, chief of legislative affairs, move. Last October, he rolled out his reorga- retrofit its premier spy submarine, the USS deputy associate director for research and nization plan, wresting control of the agency Jimmy Carter, would suggest American pol- chief of SIGINT systems engineering. All of from its own bureaucracy. All the NSA’s sup- icymakers believe otherwise. the jobs paid between $109,000 and $125,000, port services would be centralized under Another challenge facing Hayden’s NSA is well below salaries for commensurate jobs in Hayden’s chief of staff. And where there were to decode communications encrypted with the private sector. But, as Black is fond of five overlapping directorates, Hayden would powerful—and widely available—software. saying, ‘‘patriotism still works on occasion.’’ have just two: one for information security When Hayden became director, the deputy he By the end of March, the NSA began its (the agency’s codemakers) and another for inherited told Congress that the encryption first major push to involve the private sector signals intelligence (its codebreakers). software would make the job of decoding in development of new SIGINT technology

VerDate 31-AUG-2001 03:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.011 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9351 with an initiative it called Trailblazer. A as we enter this next and more chal- one—no one—should doubt our resolve total of three contracts, worth about $10 mil- lenging period of our Nation’s history, and our resilience. It is in moments lion apiece, were awarded to corporate con- I extend the wish that God will bless such as these that the special char- sortia led by Booz Allen & Hamilton Inc., Lockheed Martin Corp. and TRW’s systems our Nation and that we will be worthy acter of America can and should shine and information technology group. of his blessings. through with particular brilliance. It Skeptics wonder whether it will all be Thank you. shines through in our sacrifices in enough, given the speed with which tech- The PRESIDING OFFICER. Under a helping fellow citizens in terribly try- nology is moving. They also question wheth- previous order, the Senator from ing times. It shines through in the sac- er there is enough top technical talent still Maine, Ms. COLLINS, is recognized to rifices of those brave and heroic pas- left at the NSA to manage complex relation- speak for up to 5 minutes. ships with contractors so that the contracts sengers who were on the jet that did result in real gains instead of white ele- Ms. COLLINS. Madam President, it is not make it to the intended target. It phants. The Federal Aviation Administra- very difficult to wrap one’s mind shines through in our commitment, tion, after all, hired IBM in the late 1980s to around the terrible tragedy that our even in adversity, to the bedrock val- design a new air traffic control system—and Nation has suffered. It is still harder to ues that make our system of govern- ended up abandoning the project at a cost of comprehend what must have been in ment worth protecting, even as those $500 million. the hearts and minds of people willing values draw the murderous ire of twist- But analysts on Capitol Hill and other to commit such atrocities against their close observers in the private sector say ed souls whose only answer to the dis- Hayden, Black, Baginski and company ap- fellow human beings. It is very dif- course of liberty is a vocabulary of vio- pear to be getting their message across that ficult to even find the right words to lence, terror, and death. the NSA must take risks if it is ever to ‘‘own speak about the attack on America. As we care for survivors and comfort the virtual,’’ as one industry analyst put it. But speaking about it is something those who have lost loved ones, we also James Adams, a British journalist turned we must do. The American people and will set about finding those respon- Internet security executive who serves on a the Government of the United States of sible. We must respond to these horrors panel of outside advisers created by Hayden, America must speak forcefully and says the agency’s workforce breaks down in a way befitting our voices as free into three distinct camps: 25 percent are en- with crystalline clarity. The families and united people. But let there be no thusiastic about Hayden’s program, 25 per- and friends of those killed or wounded doubt, respond we should and respond cent are threatened and dead set against it, in these awful terrorist attacks must we will. and 50 percent are sitting on the fence wait- know that the prayers of every Amer- As difficult as it is to find a voice to ing to see who wins. ican and of millions upon millions of talk about the horrors we have experi- Sometime this summer, Hayden plans to people around the world are with them enced, I believe by finding our voices publish reduction-in-force procedures to deal with the naysayers, if need be. He will keep now. amid such shock, rage, and pain we re- offering retirement incentives, preferring The heroic firefighters, police offi- affirm our most cherished principles as the carrot to the stick, but now accepts that cers, rescue workers, National Guards- citizens of the United States of Amer- layoffs may be necessary. men, doctors, nurses, members of the ica. They would be the first in the agency’s his- clergy, and the citizens who are volun- With God’s help, we shall persevere, tory. teering, who are even now struggling we shall find comfort in our grief, we With all the changes, Hayden may be mak- ing enemies among his agency’s old guard, to save the lives of the surviving vic- shall find strength in the days ahead, but he’s also building a powerful constitu- tims and to help grieving families, and we shall hold those responsible for ency elsewhere. ‘‘We went deaf for 72 hours must know that our hearts and our these attacks on America responsible because of an antiquated system that should deepest gratitude are with them in for their actions. have been upgraded years ago,’’ says Tim their vital work. Madam President, seeing no one Sample, staff director of the House Perma- Our Commander in Chief and all the seeking recognition, I suggest the ab- nent Select Committee on Intelligence. men and women of the Armed Forces, sence of a quorum. ‘‘When you’re at that point in an organiza- our law enforcement community, and The PRESIDING OFFICER. The tion, it takes a monumental effort over a clerk will call the roll. sustained period to get back up to speed. our intelligence agencies must know They needed a leader—and that’s what they that we stand behind them, as perhaps The assistant legislative clerk pro- got.’’ never before in my lifetime, as they set ceeded to call the roll. Sample’s boss, Rep. Porter J. Goss (R- about with grim resolution to ensure Mr. REID. Madam President, I ask Fla.), the committee’s chairman, recently that justice is done to those respon- unanimous consent the order for the floated the idea of promoting Hayden to a sible. quorum call be rescinded. four-star general and extending his three- And the evil people who planned and The PRESIDING OFFICER. Without year tour, now less than a year from comple- objection, it is so ordered. tion. committed these atrocities—and all of Tenet has gone even further. ‘‘My personal those who may have aided and abetted f view is, Mike Hayden must stay out there for them—must know that far from para- ORDER FOR RECESS five years—he has got to have time on tar- lyzing the American people and divid- Mr. REID. Madam President, I ask get,’’ Tenet says. ‘‘He’s thinking out of the ing us fearfully against one another, unanimous consent that the Senate box. He’s engaged. He’s not afraid of opening what they have done instead is in- up the NSA. He’s not afraid of the American stand in recess from 12:30 today until stantly to unite all of us into one peo- public. And he knows what has to be done.’’ 2:15 this afternoon. ple. We stand united in the solidarity Hayden is willing to stay on, if that’s what The PRESIDING OFFICER. Without of grief and commitment to our fellow Tenet and Defense Secretary Donald Rums- objection, it is so ordered. feld desire. There is, he knows, much work citizens and utterly single minded in Mr. REID. Madam President, I sug- still to be done. His personal focus this sum- our determination to remain unbowed mer—now that the computers seem to be gest the absence of a quorum. and to see justice done. The PRESIDING OFFICER. The working again—is people. Specifically, pro- In fact, this is my fifth year in the motions. Six months ago, Hayden got rid of clerk will call the roll. all regulations requiring employees to spend Senate, and never have I seen the Sen- The assistant legislative clerk pro- two years at one pay grade before they get ate more united and more determined ceeded to call the roll. promoted to the next. Now he’s trying to than we are now. Mrs. HUTCHISON. Madam President, make sure that the agency’s hidebound pro- These, then, are the messages we I ask unanimous consent that the motions panels start taking advantage of must send—and that we must keep quorum call be rescinded. that freedom. If the right people don’t ad- sending with relentless determination. The PRESIDING OFFICER. Without vance, Hayden believes, nothing else really America may have lost a measure of objection, it is so ordered. matters. He says he feels more and more confident our innocence, a degree of that special (The remarks of Mrs. HUTCHISON per- about the course he’s charted. But there’s a separateness that has helped us to keep taining to the introduction of S. 1421 certain fatigue in his voice. ‘‘I feel tired,’’ our land of liberty safe from some of are located in today’s RECORD under Hayden allows. ‘‘But I see points of light the storms that have long battered ‘‘Statements on Introduced Bills and more frequently.’’ other peoples in an often turbulent Joint Resolutions.’’) Mr. GRAHAM. Madam President, world; we clearly are not as separate or The PRESIDING OFFICER. The Sen- with a prayer that God will be with us as safe as once we thought. But no ator from Rhode Island.

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.013 pfrm02 PsN: S13PT1 S9352 CONGRESSIONAL RECORD — SENATE September 13, 2001 TERRORIST ATTACKS AGAINST conference, we were notified that an will be served. It will be swift, and it THE UNITED STATES airplane had hit the World Trade Cen- will be harsh. Mr. CHAFEE. Madam President, I ter in New York. September 11,—9–11—2001, will live a stand before my fellow Senators in full Not only did I stand still but the long time in the memory of many of support of the resolution on which we world has stood still. We were shocked; us. I was almost 7 years old on that Sun- voted yesterday. A stunned world and we were outraged at an unprovoked act day, December 7, 1941. I remember that Nation is struggling to come to grips of violence committed against thou- day, and I can remember being a small with the horrifying violence of Sep- sands and thousands of innocent Amer- lad growing up on a farm. My folks tember 11, 2001. I support the Presi- icans. talked to each other differently and so dent’s efforts to marshal the resources Immediately, our President and Com- did the neighbors on Monday morning, of our intelligence, law enforcement, mander in Chief, George Bush, ordered the Federal Government to assist the the 8th, than any of us had ever heard diplomatic, and military apparatus to before. I can remember when my moth- bring about justice and to do so as victims of the violence, investigate these acts of terror, and to take the er yelled out of the house, because we swiftly as possible. had an old battery radio and didn’t I call on any nation known to be har- steps to bring those responsible for these tragedies to justice. have electricity in those days—Dad and boring terrorists to fully cooperate I were in the barn choring. Mother said with the United States and stem the I fully support the President’s ac- tions and will do whatever I can as an that the Japanese had bombed Pearl rising tide of conflict. I believe people Harbor. My dad looked down at me and around the world are in equal measure individual to help him and our country in this time of need. he said: ‘‘Where is Pearl Harbor?’’ We demanding justice for these horrendous didn’t even know. Next, the pictures crimes and anxious for the world to Terrorism, which has been con- demned around the world, cannot and came out of Pearl Harbor of the bel- settle its disputes in a rational and civ- lowing smoke from the Arizona and of ilized manner. will not be tolerated in this country. I know the President will take all meas- the California lying half on its side. It We must cling to the hope that this remained in our minds for a long time. is possible, even while we recognize ures necessary to seek out and to pun- ish those who viciously attacked inno- I fear that the pictures of the World that on this Earth there exists people Trade Center and the damage done capable of unbelievable barbarism. cent and defenseless Americans. We, as Americans, are a strong and there will live in the minds of young This is a time of overwhelming sad- folks as Pearl Harbor did with us. ness, and I join my colleagues in sup- resilient people. We will heal, and we will emerge stronger than ever. The Tuesday’s acts represented a well- port of S.J. Res. 22. planned, well-financed attack on our Madam President, I yield the floor. strength and spirit of our Republic and the democracy it represents will shine freedom by a faceless, gutless enemy. Mrs. HUTCHISON. Madam President, I also want to warn the American I suggest the absence of a quorum. through. We will not simply endure; we shall prevail. And we will send a sharp people that we are at war. It can be The PRESIDING OFFICER. The called by no other name. So I stand clerk will call the roll. message to those cowards saying that terrorist acts will not be tolerated or firmly and proudly behind my Com- The assistant legislative clerk pro- mander in Chief, the President of the condoned. They will never be able to ceeded to call the roll. United States. There is no doubt about destroy the spirit of a free people, the Mr. BURNS. Madam President, I ask our unity and resolve to track down, unanimous consent that the order for freedom we enjoy, and our way of life. Our thoughts and our prayers go out root out, and relentlessly pursue ter- the quorum call be rescinded. rorists and the states that harbor to those who tragically lost their lives The PRESIDING OFFICER. Without them. I stand by to support our mili- and to those friends and families who objection, it is so ordered. tary and intelligence community and lost their loved ones. This is far more Mr. BURNS. Madam President, I as- will fight for all the resources they than a tragedy to them. It is an out- sume we are still in morning business need to ensure our national security. rageous act of terrorism that killed and offering statements with regard to Let us not forget this as we consider and injured so many innocent and de- the incidents of Tuesday. our funding bills. The PRESIDING OFFICER. The Sen- cent citizens of our country. Nothing I What is important and what is not ator is correct. can say to express my sympathy for important? We must sift through and Mr. BURNS. Madam President, iron- those suffering is enough. My outrage search our souls. This is a great nation ically, on September 11 of this year, I of that cowardly act remains unwaver- with a strong and brave history. Amer- was involved in a press conference ing. icans have come together and tri- looking at a report card to Congress on For now, we must mourn those who umphed in difficult times such as the deployment of E–911, the national have passed on and care for those who these. We will do it again, and we will emergency number. Last year, we were injured. We must let the Presi- punish those responsible. America re- passed that bill and the President dent, our law enforcement people, mili- mains resolved in its efforts to find signed it, with now the deployment of tary, and the intelligence community those who so cowardly committed enhanced 911, which tells wireless work. As a law-abiding nation—and we these horrific acts. phone operators that when you dial 911 are a nation of laws—we must be sure One always looks for words, but on your wireless phone, you will get to place the blame on the guilty. Tak- sometimes words escape us. That is the nearest first responder rather than ing independent action against inno- kind of bad when words escape an auc- some other area, maybe your home cents or guests of our country has to be tioneer. But to quote a few words from area, even though you may be in roam, guarded against. the ‘‘Battle Hymn of the Republic,’’ and I do not spell that R-o-m-e. The anger I feel inside has to be tem- those responsible will soon understand How ironic that started at 9 o’clock pered because decisions made while in the true meaning of this line: in the morning. It is one of those pieces this state are usually not good deci- He hath loosed the faithful lightning of his of legislation that goes unnoticed. Yet sions. Many are filled with that same terrible swift sword. it has a lot to do with public safety, es- anger and an unyielding desire for re- I will tell you, America will do that, pecially in rural areas where we rely on venge. I realize we must remain calm indeed, and America will march on. wireless. It also nationalizes 911 as the and focused. In the heat of passion, I yield the floor and suggest the ab- emergency number across the Nation. fired by outrageous, despicable acts of sence of a quorum. I made the statement at that time those who are guilty, our leaders must The PRESIDING OFFICER. The that we are dealing with a different be calm and dispassionate in deter- clerk will call the roll. world. Not only do we have to deal mining who is responsible, where they The assistant legislative clerk pro- with our own little family emer- are, and how we must deal with them. ceeded to call the roll. gencies, we also have to deal with this Have no doubt, America, we will find Mr. NELSON of Florida. Madam world of terrorism. So 911 and the abil- those responsible. I say to those who President, I ask unanimous consent ity to communicate becomes very im- are responsible: You cannot hide. You that the order for the quorum call be portant. As we walked out of that press can run, but you cannot hide. Justice rescinded.

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.016 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9353 The PRESIDING OFFICER. Without cans overcome. Americans persevere. I am also outraged by reports of price objection, it is so ordered. When we are knocked down, we are not gouging at gasoline stations around The Senator from Florida, Mr. NEL- knocked out; we get up and we respond. the Nation. Those who would profit in SON. That has happened over and over in our time of grief are not only con- Mr. NELSON of Florida. Madam our history. It is part of our character temptible; in Michigan they are also President, I come to the Chamber with as an American people that we over- criminals. The Michigan Attorney Gen- a very heavy heart because of the trag- come. We saw it in the Revolutionary eral has asked me to direct complaints edy so many people have experienced. War. We have seen it in every war to their regional offices. It has touched all of our lives in one since. We saw it in the national trag- Our Nation will come through this way or another. So, too, I have had a edy of the Challenger explosion, and we crisis even stronger than before. Those personal experience just in the last few are seeing it again in the national trag- who attack from the shadows will see minutes of how the tragedy has edy of this terrorist attack. that we do not surrender to fear, but touched the life of my wife and me, for In the process of overcoming and per- rather will go forward united in steely one of the passengers on the airliner severing, we make right that which is purpose and iron resolve. Even as we that crashed into the World Trade Cen- wrong. And so, too, the American peo- mourn, it is important that we carry ter was a personal friend of our family, ple are unified in our commitment that on with the nation’s business, with the Sonia Puopolo of Boston and Miami. we will find the perpetrators and they immediate priority being to get help to I come to the Chamber to share this will be dealt with. the families and communities that experience because the grief that so This is not a time for revenge. We are were the victims of this horrendous at- many across this Nation have felt is a forgiving people. That is part of our tack. shared by all of us—of talking to nature. That is part of our Scriptural Mr. JEFFORDS. Mr. President, the Sonia’s husband Dominic and to her background. But we are also a proud tragedy that has befallen America is daughter Tita, who are so full of life people who will not let the national only just beginning to fully sink in. and so upbeat and effervescent, talking reputation be sullied; we will protect The horror is so unimaginable, the dev- to them in this condition where they it. astation so great and the suffering it still have the presence of mind in the I come to the Senate today out of my leaves in its wake is almost beyond our midst of their unbelievable grief to be personal grief, having just had one comprehension. We feel we have all, able to remember the good times, and telephone conversation with a family personally, been dealt a great blow, no Dominic telling me about the 40-some who is convulsed in grief, and about to matter where we live, whether or not years he had the privilege of knowing have another telephone conversation we knew any of the victims. Our hearts with another Florida family who is suf- his wife and the 37 years of marriage, go out to the many, many families who fering likewise, to say that I don’t un- where he met her in Puerto Rico and are suffering, and in a very real sense, derstand the plan that good people are where it was planned he was going to we feel as if we are one family together taken, but I do understand the ulti- be on the same flight and how she had today. insisted, no, she was going to Los An- mate plan that we are a nation blessed As chairman of the Environment and by God over and over and that God is geles so that she could be with their Public Works Committee, which has ju- protecting us. America will not only son by herself and enjoy her son since risdiction over the Federal Emergency survive, America will do as she has so Dominic had already been in Los Ange- Management Agency—FEMA—I pledge often done: America and Americans les with their son. the full support of the committee to will overcome. This is the part of tragedy that puts the relief effort. I would like to read Ms. STABENOW. Mr. President, our a human face on the tragedy, but for national will is being tested as it never the text of a letter that my committee Florida and Floridians it does not end has before. On the clear, sunny morn- sent to the President today: there. A few minutes thereafter, I ing of September 11, we were attacked DEAR MR. PRESIDENT: We are writing to spoke by telephone with a courageous commend you and the Administration for from out of the shadows. There are no Fort Myers policeman, Officer Lyles, the Federal Government’s response to the words to fully describe the depth of horrific terrorist attacks on the World Trade who has now gathered with his family this infamy. And not enough tears to in another part of Florida because it Center in New York and the Pentagon. In properly mourn the innocent lives so particular, we are encouraged and impressed was his wife, Cee Cee Lyles, on the air- cruelly taken. by the organization and coordination at the liner that crashed in Pennsylvania, Thousands of families are grieving Federal Emergency Management Agency. which we now know was headed for today over loved ones lost in this We and our staff stand ready to assist you Washington and another target, per- senseless attack on our nation and all in your efforts in any way, including making haps this building; that she was able to of us mourn with them and keep them any immediate changes to statutes or pro- get through to her husband by cell gram funding levels within the Committee’s in our prayers. jurisdiction that are necessary to implement phone and he could hear the screams in But from within the depths of this the background. She told him they had measures to save lives and restore safety and horror, we saw and honor the heroism order as quickly as possible. been hijacked, and she told him she of our police and firefighters, many of Thank you for your resolve and determina- loved him and loved their children. whom gave their lives trying to rescue tion. This is a part of the grieving process others. We thank them and offer our Sincerely, Members of the Committee of that is necessary for us to all go condolences to those who lost a loved Environment and Public Works. through, but it is also a poignant story one in the line of duty. We also offer Of the thousands of people working of two lives that are touching the our thanks to all the medical workers in the World Trade Center complex, State of Florida that gives us even who are working tirelessly trying to 2,600 are Federal employees, working more resolve of why we are going to save lives. for a variety of Federal agencies. The find the perpetrators, we are going to While our enemy is still uncertain, General Services Administration is hunt them down, and they are going to our resolve must be unflinching. Those working diligently to find temporary be brought to justice. who thought they could bring us to our office space so that these employees I have seen America in this situa- knees must instead see us standing may get back to work as soon as pos- tion—and in my lifetime I have seen it tall, united, and resolved to see that sible. several times—but the one I remember justice is done. America picks up and goes on. We are so vividly is the time of national trag- We stand firmly behind President shaken but we are not bowed. We are edy when the symbol of our techno- Bush and his diplomatic and military also comforted by the stories of great logical prowess, the space shuttle Chal- efforts to discover who is behind these heroism that come flooding out of this lenger, in January of 1986, exploded in attacks and hold them accountable. tragedy, the stories of people going front of our eyes. I recall that event be- The United States will respond deci- back for friends, office workers car- cause there was something from the ex- sively and forcefully against those who rying disabled colleagues down 80 perience of that tragedy for the Amer- have perpetrated this atrocity and flights of stairs, firefighters and police ican people that was instructive to the those who offer them safe harbor and rushing up the stricken towers in their rest of the world. That is, that Ameri- assistance. frantic effort to save lives. Still today,

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.020 pfrm02 PsN: S13PT1 S9354 CONGRESSIONAL RECORD — SENATE September 13, 2001 we are watching rescue workers who many hours of additional missions as retary of State Colin Powell; and Sec- have not slept in 2 days, continuing to part of the effort to maintain security retary of Transportation Norman Mi- dig through the rubble, exposing them- over American airspace. Vermont doc- neta. selves to great hazards, running on tors, nurses, firefighters, and rescue That afternoon, we had a hearing adrenaline from the news that three workers have volunteered in great with FEMA Director Joseph Allbaugh; people were just found alive today. numbers to help. All over the State, National Security Administrator John As more information comes to light, people have lined up to give blood. A. Gordon; and Nuclear Regulatory we are seeing a picture emerge of an- True to their history, Vermonters are Commission Chairman Richard A. other great act of heroism—the crash- quick to offer their help. Meserve. ing of United Airlines Flight 93 in I see this strength replicated all On May 9, at that hearing, we had At- Pennsylvania. From what we can glean across America. This makes me, and torney General John Ashcroft; Sec- from phone calls from passengers on all Americans, proud. retary of Health and Human Services, that flight, realizing that the hijackers Tommy Thompson; Commerce Sec- f planned to crash their plane and learn- retary, Don Evans; and in the after- ing that two hijacked planes had just CONCLUSION OF MORNING noon, Secretary of Veterans Affairs, crashed into the World Trade Center, BUSINESS Anthony Principi; Secretary of Agri- passengers decided to take action. We The PRESIDING OFFICER (Ms. culture, Ann Veneman; and Secretary of the Interior, Gale Norton. can only surmise from their last words STABENOW). Morning business is closed. to family members that several pas- On May 10, we had the joint task f sengers confronted the hijackers and force civil support commander, Gen. the plane was prevented from com- DEPARTMENTS OF COMMERCE, Bruce Lawlor; the American Red Cross pleting its mission. It is unlikely that JUSTICE, AND STATE, THE JUDI- president and chief executive officer, we will know for sure what target the CIARY, AND RELATED AGENCIES Dr. Bernadine Healy; a panel of State hijackers had in mind, but we can be APPROPRIATIONS ACT, 2002 and local representatives from fire, po- lice, public health, and emergency fairly certain that brave passengers Ms. STABENOW. Under the previous saved the lives of many hundreds or management. And then in the after- order, the Senate will now resume con- noon, we closed the session with the even thousands of people, and maybe sideration of H.R. 2500, which the clerk even our own lives. I believe that all of Director of the CIA, George Tenet; the will report. FBI Director, Judge Louis Freeh, and America should be deeply grateful to The assistant legislative clerk read them and their courage in the face of VADM Thomas Wilson. as follows: We were trying our best to lay the death. A bill (H.R. 2500) making appropriations America has closed ranks behind its groundwork for better coordination of for the Departments of Commerce, Justice, our effort on counterterrorism. I ask President and its people. I am also very and State, the Judiciary, and related agen- pleased that so many of our allies have unanimous consent to have the state- cies for the fiscal year ending September 30, ment by President Bush, dated May 8, closed ranks behind us. Yesterday, the 2002, and for other purposes. North Atlantic Treaty Organization— printed in the RECORD. Pending: There being no objection, the mate- NATO—for the first time in its 52-year Dorgan amendment No. 1542, to increase rial was ordered to be printed in the history, invoked collective defense ar- funds for the trade enforcement and trade RECORD, as follows: rangements under Article 5 of its Char- compliance activities of the International PRESIDENT GEORGE W. BUSH, ter that states that an attack upon one Trade Administration and to reduce funds White House, May 8, 2001. member of the alliance is viewed as an for TV Marti. STATEMENT BY THE PRESIDENT attack upon all. This reiteration of Dorgan amendment No. 1543, to prohibit NATO solidarity is unprecedented and the sale of disaster loans authorized under DOMESTIC PREPAREDNESS AGAINST WEAPONS OF MASS DESTRUCTION will be most helpful in formulating a section 7(b) of the Small Business Act. The PRESIDING OFFICER. The Sen- Protecting America’s homeland and citi- unified response. Condolences and of- zens from the threat of weapons of mass de- fers of assistance have poured in from ator from South Carolina. struction is one of our Nation’s important all regions of the world, giving us heart Mr. HOLLINGS. I am awaiting the national security challenges. Today, more as we focus on the task ahead of us. attendance of the Senator from New nations possess chemical, biological, or nu- Fighting terrorism is an exceedingly Hampshire who is in an important con- clear weapons than ever before. Still others difficult task. It will take applying ference at the moment. Let me bring seek to join them. Most troubling of all, the ourselves in a way we have never done my colleagues up to speed. We have list of these countries includes some of the tried our best, working out certain world’s least-responsible states—states for before. Ferreting out terrorists and de- whom terror and blackmail are a way of life. stroying their networks will be long amendments all yesterday and earlier Some non-state terrorist groups have also and arduous work. It will require a this morning—those that would be ac- demonstrated an interest in acquiring weap- concerted international effort and po- cepted, those that would be included in ons of mass destruction. tentially great patience. We will need the managers’ amendment, and those Against this backdrop, it is clear that the the strong cooperation of our allies, that would still be pending. On both threat of chemical, biological, or nuclear and we will need to reach out to na- sides we are trying to assemble the de- weapons being used against the United tions that are not our traditional al- terminant list of pending amendments. States—while not immediate—is very real. That is why our Nation actively seeks to lies. Fighting terrorism is usually a When we do, we will ask unanimous deny chemical, biological, and nuclear weap- frustrating task, as targets are elusive consent and see if we can facilitate the ons to those seeking to acquire them. That is and the means of terror difficult to disposition of this bill today, and no why, together with our allies, we seek to control. We still hope to learn a great later than tomorrow. We will see what deter anyone who would contemplate their deal more about the perpetrators of best can be done. use. And that is also why we must ensure this tragedy and uncover those who Pending that, let me say a word that our Nation is prepared to defend against helped them. I expect that we will take about the efforts of your subcommittee the harm they can inflict. of Commerce, Justice, State in the Should our efforts to reduce the threat to firm action in retaliation. But this our country from weapons of mass destruc- may take time, and it must be done in field of counterterrorism. For example, tion be less than fully successful, prudence a manner that will not unnecessarily in early May, your subcommittee, dictates that the United States be fully pre- provoke reprisals or generate addi- under the leadership of Senator JUDD pared to deal effectively with the con- tional acts of terrorism. I am confident GREGG of New Hampshire, chairman at sequences of such a weapon being used here that American resolve will remain firm that time, held 3 days of comprehen- on our soil. no matter how long or how difficult sive hearings of which I now hold a Today, numerous Federal departments and transcript. agencies have programs to deal with the con- this fight. sequences of a potential use of a chemical, In closing, I would like to recognize On May 8, we had a hearing with De- biological, radiological, or nuclear weapon in the contributions to the relief effort partment of the Treasury Secretary the United States. Many of these Federal from my small State of Vermont. The Paul O’Neill; Department of Defense programs offer training, planning, and as- Vermont Air Guard has already flown Deputy Secretary Paul Wolfowitz; Sec- sistance to state and local governments. But

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.070 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9355 to maximize their effectiveness, these efforts ture for leadership in the area of terrorism lem. I am confident the American peo- need to be seamlessly integrated, harmo- preparedness. A National Coordinator for Se- ple would agree with us that we have nious, and comprehensive. curity, Infrastructure Protection, and to have better coordination from the Therefore, I have asked Vice President Counterterrorism was established 4 years very get-go; namely, with respect to in- Cheney to oversee the development of a co- ago within the National Security Council. ordinated national effort so that we may do Under Presidential Decision Directive 62, the telligence. the very best possible job of protecting our National Coordinator was tasked with co- I got into that intelligence game al- people from catastrophic harm. I have also ordinating interagency terrorism policy most 50 years ago, in 1954 as a member asked Joe Allbaugh, the Director of the Fed- issues and reviewing ongoing terrorism-re- of the Hoover Commission inves- eral Emergency Management Agency, to cre- lated activities. While the designation of a tigating intelligence activities. At that ate an Office of National Preparedness. This National Coordinator signaled the previous particular time we had good covert ac- Office will be responsible for implementing Administration’s recognition of the weight tivity, fine agents buried within the the results of those parts of the national ef- of the problem, it was not a permanent solu- Soviet Union and other places. There is fort overseen by Vice President Cheney that tion. Responsibility for developing national not any question, if we can get into the security policy belongs to the President. deal with consequence management. Specifi- Soviet Union, we can get into Osama cally it will coordinate all Federal programs However, it is the responsibility of the Con- dealing with weapons of mass destruction gress to provide the means to implement a bin Laden and Hamas, and Hezbollah, consequence management within the Depart- systematic and synchronized policy that will and any other of these terrorist groups. ments of Defense, Health and Human Serv- achieve sustainable Federal, State, and local We used to read all these articles ices, Justice, and Energy, the Environmental cooperation on domestic terrorism issues. about how difficult intelligence work Protection Agency, and other federal agen- Whomever is responsible for managing this was. It is not an easy thing, where you cies. The Office of National Preparedness Nation’s activities to combat terrorism must just call to find something out. On the will work closely with state and local gov- be accountable to the American people. contrary, you work at it. Despite increased attention to this prob- ernments to ensure their planning, training, Our friend Tom Clancy just momen- and equipment needs are addressed. FEMA lem over the last 5 years, there remains con- siderable confusion over jurisdiction at all tarily said, of the 20,000 employees out will also work closely with the Department there at the CIA, we only have about of Justice, in its lead role for crisis manage- levels of government. In order to improve co- ment, to ensure that all facets of our re- ordination and centralize the policy-making 800 in covert operations. And to quote sponse to the threat from weapons of mass structure for domestic terrorism within the General Schwarzkopf after Desert destruction are coordinated and cohesive. I Department of Justice, the Committee rec- Storm—I will never forget a briefing will periodically chair a meeting of the Na- ommends the creation of a Deputy Attorney we had at the Appropriations Com- tional Security Council to review these ef- General for Combating Domestic Terrorism mittee Defense Subcommittee—he said forts. (DAG–CT). The Committee recommends he could not depend on intelligence No governmental responsibility is more $23,000,000 for this purpose. The DAG–CT shall have as its principal duty the overall from the CIA, that it was mush. fundamental than protecting the physical The reason he called it mush was he safety of our Nation and its citizens. In to- coordination and implementation of policy aimed at preventing, preparing for, and re- said it was so overanalyzed, the corners day’s world, this obligation includes protec- were cut, the edges were rounded, and tion against the use of weapons of mass de- sponding to terrorist attacks within the struction. I look forward to working closely United States. This person will be directly everything else of that kind. I found with Congress so that together we can meet responsible to the Attorney General. This of- out at that time they had 864 intel- this challenge. fice will be responsible for domestic ter- ligence analyzers at the CIA. Cold, rorism policy development and coordination hard facts are analyzed, analyzed, and Mr. HOLLINGS. We noted in this and will speak for the Department on and co- statement that the President ap- analyzed, and everyone wants to pro- ordinate with all of the appropriate agencies tect their backsides, so in analyzing, pointed Vice President CHENEY to con- for terrorism-related matters. duct hearings, devise a comprehensive you are giving yourself a grade, you The subcommittee also committed, are not giving the cold, hard, intel- study, and develop a position with re- of course, at the full committee, the spect to coordination, and he des- ligence fact. That is what General authorization for that Deputy Attor- Schwarzkopf called it—mush. He said ignated in the same instrument Joseph ney General, section 604. I read: Allbaugh, the Director of FEMA, to he had to depend on his pilots in Desert (b) Section 504 of title 28, United States Storm. create an Office of National Prepared- Code, is amended by inserting after ‘‘Gen- Obviously, the problem persists with ness responsible for the implementa- eral’’ the following, ‘‘and a Deputy Attorney a massive attack upon the United tion of the results. General for Combating Domestic Ter- rorism’’. States in such a coordinated and delib- He asked that FEMA’s Director co- erate fashion, and we have not an in- ordinate all Federal programs dealing (c) There is established within the Depart- ment of Justice the position of Deputy At- kling. We know about Mogadishu; we with weapons of mass destruction and torney General for Combating Domestic Ter- know about the barracks in Saudi Ara- consequence management within the rorism, who shall be appointed by the Presi- bia; we know about the Embassy in Departments of Defense, Health and dent, by and with the advice and consent of Kenya; we know about the Embassy in Human Services, Justice, the EPA, and the Senate. Tanzania; we know about the U.S.S. the other Federal agencies. (d) Subject to the authority of the Attor- ney General, the Deputy Attorney General Cole, we know about the prior attack It was our considered judgment that on the World Trade towers. The leader FEMA was not going to be the appro- for Combating Domestic Terrorism shall serve as the principal advisor to the Attor- of all that continues to say he is really priate office to handle, certainly, the ney General on, and, with the Deputy Direc- going to pull off an attack on the prevention of any kind of terrorism. tor of the Federal Emergency Management United States of America. And when it Since terrorism is now not only admit- Agency, serve as one of two key government occurs, we say we wonder who did it. ted to be a crime, but more than that, officials responsible for domestic We are hard learners. We have to get an act of war—which this particular counterterrorism and antiterrorism policy. going and get serious about this war we Senator believes it to be—you have to We tried, providing this, to put it in are in. In that light, I want to make go with the Department of Justice. step with the President’s directive. sure counterterrorism is coordinated The President, of course, at a time of Now, with the terrible events of the and we do everything possible to secure war, is really the director. But for the past two days, the White House, along ourselves domestically. peacetime coordination—let’s call it with the leadership, has agreed on a $20 With respect to that, on Thursday that—the subcommittee thought it billion package relative to morning at 9:30 we will have a meeting best not to be implemented by a counterterrorism and any activity the and a hearing before the Commerce, counterterrorism, or terrorism, czar— administration deems necessary as a Science, and Transportation full Com- we know what drug czars have done; result of that terrorism. mittee whereby we will hear from nota- very little, in all candor. Of course, the subcommittee would bly, I take it, the Secretary of Trans- On the contrary, the subcommittee be willing to conform now or in con- portation, and Jane Garvey, the head unanimously passed out within the ference with what the President and of the Federal Aviation Administra- Committee of Appropriations itself— the leadership desire. But there must tion. Also, perhaps we will hear from and I read on page 10: be coordination and there must be a the FBI in a closed hearing ahead of The United States is in the beginning fixed responsibility if we are really time so that we will know exactly what stages of developing an organizational struc- going to handle this particular prob- is needed and what the threat is.

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.005 pfrm02 PsN: S13PT1 S9356 CONGRESSIONAL RECORD — SENATE September 13, 2001 Eliminating the curbside check-in Mexico, $7 million; National Emer- asleep. The leadership is in all direc- option as part of new federal security gency Response and Rescue Training tions. What we really need is a na- standards announced yesterday doesn’t Center at Texas A&M, $7 million; Na- tional purpose. I think at least in the fully address our security problems. tional Center for Bio-Med Research and last 48 hours we now have a national After all, luggage checked curbside or Training, Louisiana State University, purpose. We know who the enemy is. at the desk both have to go through $7 million; National Exercise, Test and Let’s characterize it: People who give some type of scanner. Training Center at Nevada Test Site, up their life for a cause, we will call Unless and until we federalize the se- another $7 million; Domestic Prepared- them the enemy. But they call them curity screeners and the scanners that ness Equipment Grants, $175 million; heroes. you find at airports, unless we fed- Dartmouth Institute for Security and Let’s depict this properly. It is the eralize like the European Govern- Technology Studies, $18 million; Okla- leadership. And I commend the Presi- ments, we are not going to get a better homa City National Memorial Institute dent for saying we are not only going result than the present one. And that is for the Prevention of Terrorism, $18 to hold those responsible, but the coun- folks who are privately hired by the million; Virtual Medical Campus, $2 tries that harbor them. I think he is airlines working for minimum wage, million; Domestic Preparedness Exer- right on target. staying for an average of three months cise Grants and Exercise Support But that is the whole idea now. We or so. Funds, $20 million; TOPFF II, $4 mil- are in this war together. We are work- My wife had two knee replacements. lion; Annual Exercise Program, $5 mil- ing together. I think that has helped She has titanium knees. We know the lion; Improved Response Program, $3 this particular bill along. We are going metal detector is going to sound. I am million; other training, $35 million; to try to get a finite list of amend- trying to explain to the employees technical assistance, $8 million; ments. there and they do not understand. We prepositioned equipment, $8 million; Now, with my ranking member here, need trained professionals working in and Web Site Pilot, $2 million. I yield to Senator GREGG. airport security. It adds up to around $364 million. The PRESIDING OFFICER. The Sen- Heightened security measures on air- That really was a result of the Okla- ator from New Hampshire. planes are also needed. The airplane homa bombing. We went in every direc- Mr. GREGG. Madam President, I cabins need to be secure, so no one can tion possible. But that is our problem. thank the chairman for yielding to me. get to the pilots. The door has to be We are still going in every direction. I appreciate his courtesy in my arriv- made more stable and solid. There is no We are not coordinating. The responsi- ing in the Chamber a little late for the reason to open the door. Tell pilots to bility is not fixed. Someone ought to be beginning of this work, as a group of us bring a box lunch. They can commu- at that Cabinet table—the Attorney were in a meeting on how we are going nicate, if there is an emergency, and if General with his assistants talking to handle this bill and move it along, I they identify it as an emergency. But if with the President, who, of course, has hope. a terrorist starts taking over the crew, the prime responsibility. I congratulate the chairman of the they can hear it. They have commu- Let me say, so far so good. The coun- committee for this bill, which is a nications. They can land the plane and try has responded admirably. I think soothsayer bill really. Long before the save, hopefully, some of the individ- our Government is up and well and events of the day before yesterday, uals. doing good. which were so horrific and which re- But terrorists ought to know up front There is a wonderful element of bi- flected the threat of terrorism to our that they are not going to turn a do- partisanship. Nation, our committee aggressively mestic flight into a weapon of mass de- During the August break, I was on a pursued the issue of how to try to pre- struction and just run it into a build- trip in Australia, and up around Thai- pare for such an act. ing. That has to stop immediately. land, Cambodia, Vietnam, and China in We have held innumerable hearings I would like to be able to talk at the Pacific area. Everywhere I went, over the last 4 or 5 years. One of the length about what needs to be done. the Ambassador would get into the lines that has flowed through all those But that is enough. I think perhaps the budget, and I would tell them how we hearings has been the fact that our in- last talk should be about better orches- were running a heck of a deficit. I told telligence community—our commu- tration, coordination, and action quiet- them there wasn’t any surplus. Now ev- nities focused on domestic intelligence ly. That is really what is needed at this erybody will admit to it. The law in and our communities focused on inter- particular time. Section 201 of the Social Security Act national intelligence—had concluded I ask colleagues if they have an of 1935 says that if there’s a surplus in that it was more than likely, it was a amendment to please come to the floor the Social Security trust fund, then we probability, that a terrorist event immediately. Let’s present it, debate must invest that in government notes. would occur in the United States and it, and have a vote on it. Otherwise, we We take the money, but we don’t give that it would be of significant propor- will make up that list of amendments. it to Social Security. tions. And it has occurred. I will soon be joined by the Senator Under Section 13–301 of the Budget How have we tried to ready for this? from New Hampshire. Act, it says thou shall not use that Well, a lot of the response you saw in Credit should go to the Senator from money. Follow section 21 of the Green- New York—which has been over- New Hampshire who set up these hear- span report of 1983, which concurs. It whelming and incredibly professional, ings. In May, he had everyone in the says thou shall not use this money and heroic beyond description, which administration come, as you can tell against the deficit, or in the general has taken the lives of many firefighters from this hearing record. It is the most revenues to account for lowering the and police officers and just citizens comprehensive look-see the Govern- deficit. But we do. We have done it who went to help—a lot of that re- ment has had with respect to terrorism since President Johnson’s time. Up to sponse was coordinated as a result of this year. President Johnson’s time, we never initiatives that came out of the hear- We think we have to fix some respon- did. But President Johnson didn’t do it. ing process, and the question of first sibility, and we have to appropriate for He had a surplus in 1968–1969 without responder, and how we get the people it. the use of Social Security funds. who are first there up to speed as to There is some $364 million for the In any event, I said to each one of how to handle this type of event. So in various offices that you might see on these Ambassadors that our problem that area at least there has been some page 48 of the Committee report where back in the States is that we need solace. you have the total activities to combat some national purpose. We are just But the real issue remains, How do terrorism: Management and Adminis- running around with courthouse poli- you deal with an enemy who, as the tration, $8 million; Center for Domestic tics. It is a shameful thing. We can’t do chairman just related, is willing to Preparedness, Fort McClelland, AL, $30 anything but argue about who is re- give their life to make their point and million; for consortium members, $58 sponsible for the deficit, or who is who has, as their source of support, re- million; National Energetic Materials going to invade the trust fund, or stem ligious fervor, in most instances—and I Research and Testing Center in New cell research. The country is really suspect this is going to be proved true

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.026 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9357 in this instance—a religious fervor pretty much said it was the encryption Turf is the most significant inhibitor which gives them a community of sup- capability of the people who have an of effective Federal action between port and praise which causes them to intention to hurt America, whether it agencies. Although there is a sincere be willing to proceed in the way that happened to be the drug lords or effort to avoid turf, and in my opinion, they did, which is to use their life to whether it happened to be terrorist ac- in working with a lot of these agencies, take other innocent lives? tivity. I have been incredibly impressed by a First, how do you identify those indi- It used to be that we had the capa- willingness of the various leaders of viduals because they function as a fair- bility to break most codes because of these agencies, both under the Clinton ly small-knit group, and it is mostly our sophistication. This has always administration and under the Bush ad- familial. It involves families. It in- been something in which we, as a na- ministration, to set aside this endemic volves sects which are very insular and tion, specialized. We have a number of problem of protection of one’s preroga- very hard to penetrate. agencies that are dedicated to it. But tives and allow parties to communicate But equally important, when you are the quantum leap that has occurred in across agency lines and to put aside trying to deal with that type of a per- the past to encrypt information—just the stovepipes. Even though there is sonality and that type of a culture, from telephone conversation to tele- that commitment, the systems do not which basically seeks martyrdom as its phone conversation, to say nothing of allow it to occur in many instances. cause, as its purpose for life, and sees data—has gotten to a point where even This bill, under the leadership of the martyrdom as part of its process for our most sophisticated capability runs chairman, includes language which has getting to an afterlife in terms of their into very serious limitations. attempted to bring more focus and religious belief—how do you deal with So we need to have cooperation. This structure into the cross-agency activi- that culture and group of individuals is what is key. We need to have the co- ties. One of the specific proposals in without creating more problems, with- operation of the manufacturing com- the bill, which may not be the last ap- out creating more people who are will- munity and the inventive community proach taken and probably won’t be ing to take up the banner of hatred and in the Western World and in Asia in the but is an attempt to move the issue willing to pursue and use their life in a area of electronics. These are folks who down the field, is to set up a Deputy way to aggravate the situation? have as much risk as we have as a na- Attorney General whose purpose is to I think we as a committee have con- tion, and they should understand, as a oversee counterterrorism activity and cluded that the first thing you have to matter of citizenship, they have an ob- coordinate it across agencies and who do is have a huge new commitment to ligation to allow us to have, under the is the repository of the authority to do intelligence. And we have made this scrutiny of the search and seizure that. There is no such person today in point. We have dramatically expanded clauses, which still require that you the Federal Government. Of these 42 the overseas efforts of the FBI as an have an adequate probable cause and agencies, everybody reports to their outreach of this effort. But it involves that you have court oversight—under own agency head. Nobody reports more than that. that scrutiny, to have our people have across agency lines. There is virtually We have to set aside our natural in- the technical capability to get the keys no one who can stand up and say, other clination as a democracy to limit the to the basic encryption activity. than the President, ‘‘get this done.’’ type of people we deal with in the area This has not happened. This simply The purpose of the Deputy Attorney of human intelligence. Unfortunately, has not happened. The manufacturing General is to accomplish that, at least the CIA in the 1990s was essentially sector in this area has refused to do within the law enforcement area and limited and defanged, for all intents this. And it has been for a myriad of within much of the consequence man- and purposes, in the area of human in- reasons, most of them competitive. But ager’s area, especially the crime area, telligence gathering because the direc- the fact is, this is something on which although it is understood that this in- tives and the policies did not allow us, we need international cooperation and dividual will work in concert with the as a nation, to direct our key intel- on which we need to have movement in head of FEMA, the purpose of which is ligence community to basically go out order to get the information that al- to actually manage the disaster relief and employ and use people who were lows us to anticipate an event similar efforts that occur as a result of an individuals who could give us the infor- to what occurred in New York and event such as New York or where you mation we needed. Because of our reti- Washington. have these huge efforts committed. cence as a democracy to use people who The only way you can stop that type That type of coordination is so crit- themselves may be violent and crimi- of a terrorist event is to have the infor- ical. Would it have abated the New nal, we found ourselves basically sight- mation beforehand as to who is com- York and Washington situation? No, it less when it came to individual intel- mitting the act and their targets. And wouldn’t have. But can it, in anticipa- ligence. there are two key ways you do that. tion of the next event, because this is So we have to recognize that in a pe- One is through people on the ground, not an isolated event. Regrettably, riod of war, which is what I think ev- on which we need to substantially in- whether we like it or not, we are in a eryone characterizes this as, and which crease the effort—and this bill at- continuum of confrontation here. it truly is, we are, as a nation, going to tempts to do that in many ways As I mentioned earlier, there is not have to be willing to be more aggres- through the FBI—and the other way is one or two people but rather a culture sive in the use of human intelligence, through having the technical capa- that sees this as an expression of the and we are going to have to allow our bility to intercept the communications way they deliver their message for life, agencies in the international commu- activities and to track the various or after life for that matter. Regret- nity to be more aggressive. funding activities of the organizations. tably, we have to be ready for the po- Equally important, we, as a nation, That requires the cooperation of the tential of another event. because of our natural inclination and commercial world and the people who I do believe this type of centralizing our very legitimate rules relative to are active in the commercial world. of decision, centralizing authority, search and seizure and invasion of pri- That call must go forth, in my opinion. centralizing the budget responsibility vacy, have been very reticent to give Another thing this bill does, which is is absolutely critical to getting the our intelligence communities the tech- extremely positive and which, again, Federal Government into an orderly nical capability necessary to address regrettably anticipated the event, is to set of activities or orderly set of ap- specifically encoding mechanisms. say that within our own Federal Gov- proaches. The sophistication of encoding mech- ernment we are not doing a very good Just take a single example. If you anisms has become overwhelming. I job of coordinating our exercise. happen to be a police officer in Epping, asked Director Freeh at one hearing There are 42 different agencies that NH, and you have a sense that you no- when he was Director of the FBI—and I are responsible for intelligence activity tice something that isn’t right, you remember this rather vividly because I and for counterterrorism activity. know it isn’t necessarily criminal but didn’t expect this response at all—what They overlap in responsibility. In you think there is something wrong, was the most significant problem the many instances, they compete in re- something that might just, because of FBI faced as they went forward. He sponsibility. your intuition as an officer or your

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.029 pfrm02 PsN: S13PT1 S9358 CONGRESSIONAL RECORD — SENATE September 13, 2001 knowledge as an officer, might need to should make in order to empower these the appropriations season, is to finish be reported, you can call your State agencies to be even more effective. Cer- these bills by the end of the fiscal year. police or you can call the FBI or you tainly there is going to be a great deal That is looking very dubious at this can call the U.S. attorney, but there more funds that have to be committed time. So we have to move forward. really is no central clearinghouse for than what are in this bill in order to I repeat, the two managers are the knowledge. There is no one-stop shop- give these agencies—the FBI and the best we have, or as good as we have; ping. If you as a fire chief want to get State Department—the resources they that is for certain. We have to move ready in Epping, NH, for an event, you need to be strong and be successful in this bill along. don’t have a place to go for that one- pursuing the people who committed Mr. HOLLINGS. Madam President, stop shopping where you can find out this horrific act and in protecting the distinguished Senator—other than how you train your people, where they Americans around the world and espe- his reference to me—is on target. We go for training, what your support ca- cially protecting our freedoms and lib- have a bill that was passed not only pabilities are going to be, who is going erties here in the United States. unanimously out of subcommittee but to support you. This should exist with- This bill is clearly a step in the right the full committee. It has been before in the Federal Government. It does direction. I congratulate the chairman the Senate last week and this week. not. This is an attempt to try to get for bringing it forward. Everyone knows the provisions within some of that into a form that will be The PRESIDING OFFICER. The Sen- the bill. I was just told by a colleague effective and responsive to people. ator from South Carolina. who had served previously in the Of course, when you get to the end of Mr. HOLLINGS. Madam President, I House—he said the reading clerk reads the line—we have talked about all the thank the distinguished Senator. each section as they go through each technical things we can do as a govern- I suggest the absence of a quorum. section, and you have to be there and ment and all the important things we The PRESIDING OFFICER. The propose your amendment. After that, can do to try to restructure ourselves clerk will call the roll. the amendment is passed or defeated and commit the resources in order to The senior assistant bill clerk pro- and they go to the next section. You improve our capacity to address this, ceeded to call the roll. cannot offer an amendment to one that but in the end it comes down to a com- Mr. CONRAD. Madam President, I has already been read and passed upon. We have to devise some other way. mitment of our people, understanding ask unanimous consent that the order We are sitting around here in charge of that we are confronting a fundamental for the quorum call be rescinded. the business of the Senate pleading. We evil, an evil of proportions equal to any The PRESIDING OFFICER. Without should not be pleading. I do not want that we have confronted as a nation, objection, it is so ordered. to be like Al Haig—‘‘I’m in charge’’— and that we as a nation cannot allow (The remarks of Mr. CONRAD are but I can make a motion for third read- those who are behind this evil to un- printed in today’s RECORD under Morn- ing and they can defeat the motion or dermine our way of life and our com- ing Business.) Mr. CONRAD. I thank the Chair and we can have a live quorum and get ev- mitment to democracy. erybody here and disrupt them. We are We must make every effort, leave no yield the floor. going to have to take disruptive ac- stone unturned—regrettably, these Mr. HOLLINGS. Madam President, I tion, or something, to get some kind of people live under stones to a large de- suggest the absence of a quorum. response. The leader is exactly right. gree—to find these people who are re- The PRESIDING OFFICER. The The country is in a state of serious sponsible and to bring them to justice. clerk will call the roll. purpose now, and they do not want any But we also must make every effort to The legislative clerk proceeded to dallying around and ‘‘I have to have recognize that in doing that, we cannot call the roll. this amendment,’’ ‘‘I have to have allow them to win by losing our basic Mr. REID. Madam President, I ask unanimous consent that the order for that,’’ and they want me to put it in. rights and the commitment to open- Let them propose it. I heard one ness as a society and a democracy. the quorum call be rescinded. The PRESIDING OFFICER. Without amendment has $70 million all of a sud- Then they would be successful, if we den. We do not have any moneys like were to do that. objection, it is so ordered. Mr. REID. Madam President, we have that. We have our 302(b) allocation. So as we rededicate ourselves, as we Mr. REID. Will the Senator yield? all continue to see the image of those two of the finest managers in the Sen- Mr. HOLLINGS. Yes. buildings collapsing and the horror ate working this bill—the Senator from Mr. REID. I want to say this also. that followed—and we all obviously South Carolina and the Senator from This bill was brought from the sub- want retribution and we are all an- New Hampshire. We need to move this committee and the full committee to gered by it—we have to react in the bill along. We need help from the mem- the floor prior to this situation that context of a democracy. We have to bership of this Senate. Staff has took place in New York. If there were pursue this in the context of what has worked hard to work down the amend- ever a vision two men had, it is this made us great, which is that we are a ments, and they have a fairly finite list bill. This bill deals with terrorism. people who unite when we confront now. But there is talk now that there That is what is in this bill. If there such a threat. We unite and we focus are some issues still unresolved by were ever an appropriate time to pass our energies on defeating that threat. Members of the Senate. this legislation, it is now. There is a But we don’t allow that threat to win We are going to have a recess, by vir- provision in this legislation that sets by undermining our basic rights and tue of a previous order, at 12:30. I am up within the Justice Department our openness as a society. going to recommend to Senator somebody who will work on In summary, I appreciate all the ef- DASCHLE and Senator HOLLINGS when counterterrorism. This is very fine leg- forts of the chairman of the committee we come back at 2:15—or whatever islation, and it is very appropriate for to bring forward a bill which, regret- time it is—that we move beyond this the day and time in the history of this tably, understood that this type of point of people having disagreements country. We have to move this bill for- event could occur and attempted to ad- with certain parts of this bill. If people ward. dress it even before it did. Now I think are going to be in disagreement, let The Senator is absolutely right. The it is important we pass this legislation. them come out here and tell us what is Senator from Louisiana, who was just It does empower key agencies within wrong with the bill. here, and I served in the House, as the the Government who have a responsi- We need to move forward. This is a Senator from New Hampshire served in bility to address the issue of very important piece of legislation. It the House. When you have a section in counterterrorism not only with the is our sixth appropriations bill. When a bill in the House and you are not dollars but with the policies they need we finish, we still have seven to go. We there to offer your amendment, you are in order to be more successful in their haven’t had conferences on the ones we out of luck; it is tough luck. Here we efforts. passed. This country is in a state of wait around begging people to come to There is still a great deal to do. emergency. We need to do the work of the floor and do the business of the There is still a lot of changes we need the Congress, and the work of the Con- Senate. That is not the way it should to make, a lot of changes in the law we gress at this stage, nearing the end of be.

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.031 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9359 Mr. HOLLINGS. I thank the distin- The Senator from North Dakota. Mr. DORGAN. I thank the Presiding guished leader. Mr. DORGAN. Mr. President, I have Officer. I immediately give credit to the heard the discussions about the bill on Mr. HOLLINGS. I thank the distin- ranking member, the Senator from the floor, the Commerce-Justice-State guished Senator from North Dakota New Hampshire, who as chairman had appropriations bill. As the chairman very much. the vision that it was necessary we and ranking member know, I have of- Mr. DORGAN. Mr. President, let me have some coordination and a full com- fered two amendments, one of which is just say again that while I have with- prehensive review of the problem of fairly controversial. My proposition drawn that particular amendment, I terrorism and how to respond to it. It would be that I withdraw that amend- believe very strongly that we need to was under his leadership that we have ment. I will chat about it for 1 minute. revisit this as we go along in this proc- these sections in the bill. Now we are I understand from discussions we have ess. I think this is not the time to do ready to move. We are ready to go to had that the chairman and ranking that. I have talked to the Senator from third reading, and we are ready to pass member would approve my second South Carolina, who I know has some it. The two leaders are here. amendment by a voice vote, and I pro- feelings about this as well. We will re- I again suggest the absence of a pose I be allowed to withdraw the visit this later in this process. quorum. amendment dealing with eliminating Let me say how much I appreciate The PRESIDING OFFICER (Mr. NEL- funding for TV Marti and using that the work of the Senators from South SON of Florida). The clerk will call the money instead to enhance enforcement Carolina and New Hampshire; they roll. and compliance in international trade. have done so much work on this bill. The legislative clerk proceeded to I will ask consent to do that in a mo- Mr. HOLLINGS. I thank the Senator call the roll. ment. Things have changed very sub- very much. stantially and now is not the time for Mr. REID. Mr. President, I ask unan- f imous consent that the order for the this discussion. That doesn’t mean I quorum call be rescinded. don’t believe during this appropria- NATIONAL SUPPORT FOR NEW The PRESIDING OFFICER. Without tions process this year, either in con- YORK objection, it is so ordered. ference or in some other device, we Mrs. CLINTON. Mr. President, I Mr. REID. Mr. President, I have been ought not do what I propose in my wanted to take just a few minutes of meeting with the two managers of the amendment. I believe very strongly in morning business to report to my col- bill. It appears we are very close to my amendment that identified $10 to leagues about my visit, along with Sen- working something out. However, it $11 million of tragic waste of the tax- ator SCHUMER, to New York yesterday, does not appear we can offer a unani- payers money and identified an area to convey the appreciation that New mous consent agreement at this time. that cries out in a desperate need: our Yorkers feel, starting with our Gov- Those Members who have some prob- trading partners like compliance of en- ernor and our mayor but going down lems with this legislation, if we don’t forcement of our trade laws dealing through the people whom I saw— work something out between 12:30 and with China, Japan, Europe, Mexico, whether they were a firefighter, or po- 2:15, they will have to come on the and Canada. lice officer, or emergency medical tech- floor at 2:15 and personally object; oth- Although I ask consent to withdraw nician, or someone standing on the erwise, the managers of the bill will the TV Marti amendment if we have street—for the unified and extraor- move to third reading. reached agreement on the other dinary support that has been dem- We have cooperated, and we appre- amendment, I want everyone to under- onstrated by our entire country, start- ciate very much those people who have stand that this is not necessarily the ing with our President. interest in this bill working with us to end of that discussion this year. But I Senator SCHUMER and I flew to New this point, but we are down to the think it is probably better not to con- York with Administrator Joe nitty-gritty where we need to get the tinue the discussion at this time. Allbaugh, the director of the Federal bill done. Mr. HOLLINGS. Will the Senator Emergency Management Agency, for This is such good legislation. I repeat yield? the purpose of assessing the damage what I said a short time ago. This bill Mr. DORGAN. I am happy to yield. and attending a very long briefing with has some very important items in it for Mr. HOLLINGS. I appreciate the Sen- the Governor and mayor and their re- antiterrorism. It has within the De- ator’s understanding and willingness to spective staff who are on the front partment of Justice a coordinator for withdraw the first amendment. I will lines dealing with this tragedy. antiterrorism activities that was writ- see if we have an understanding. We took a military plane from An- Mr. GREGG. My understanding is we ten long before the New York terror drews and flew to LaGuardia where we reached agreement with the Senator. got into helicopters. The helicopters took place. This bill is so important to Mr. HOLLINGS. Let’s agree to the flew us to the tip of Manhattan where what took place that we need to finish amendment now. this bill today. Mr. GREGG. Have the yeas and nays we circled from the East River toward Mr. GREGG. Mr. President, I appre- been requested on either amendment? the Hudson and were close enough in to ciate the counsel of the assistant Mr. DORGAN. No. see the burning debris, to see the Democratic leader. I would note that Mr. HOLLINGS. Can we call that wreckage, the crumpled destruction of there are a number of Senators who amendment up? the buildings that had once stood have amendments. We expect to pro- AMENDMENT NO. 1543 there—a sight that the only com- tect those amendments. At no later The PRESIDING OFFICER. The parable basis I think most living Amer- than 2:30, I hope, we will have a com- small business amendment is the pend- icans would have, such as our distin- plete list, and we will work towards ing question. guished senior Member, Senator that. My expectation is that we have Mr. HOLLINGS. I urge the adoption INOUYE, is what war was like in World heard already from everyone who has of the amendment. War II, or Korea, or Vietnam. an amendment. We are pretty close to The PRESIDING OFFICER. The We took another pass so we could get having a complete list. question is on agreeing to the amend- in a little bit closer. As we did, we saw Mr. REID. Mr. President, we were ment (No. 1543) of the Senator from dozens and dozens of people running scheduled to recess at 12:30. I ask unan- North Dakota. away from the site. We later learned imous consent we extend the time for The amendment (No. 1543) was agreed that the continuing danger from these speaking until 12:40, as the Senator to. structurally damaged and unsafe build- from New York has a very important AMENDMENT NO. 1542, WITHDRAWN ings had driven our rescue workers out. message to deliver to the Senate. Mr. DORGAN. I ask consent to be al- We landed at the heliport on the East Mr. GREGG. Will that be in morning lowed to withdraw the amendment I of- Side and went in to meet with the business? fered dealing with funding for TV mayor and the Governor. We had some Mr. REID. Yes. Marti and trade compliance. time to talk with the press, where ev- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without eryone expressed the solidarity and objection, it is so ordered. objection, it is so ordered. unity that the people of New York are

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.034 pfrm02 PsN: S13PT1 S9360 CONGRESSIONAL RECORD — SENATE September 13, 2001 certainly feeling between and among In addition to the immediate search bill in the House. It is S. 1422, which themselves, and that we are grateful and rescue and cleanup work that has will expedite the process by which the for the support that our President, our to go on, the power situation, the loss Federal Government provides benefits Congress, our entire Government, and of energy and telephone and commu- to the families of public safety officers, people have given New York. nication services, has meant that the firefighters, police officers, emergency We then went in a convoy down to New York Stock Exchange could not service personnel, and others who lost the site. I wish every one of my col- open for business yesterday. It has their lives in the line of duty. leagues could have been with us, be- meant that there are still many offices I am very pleased, once again, that cause the streets were lined with peo- of our major financial institutions un- the President, in his video-phone con- ple holding American flags and signs able to reopen. versation with the mayor and the Gov- expressing their gratitude and their The humanitarian needs are enor- ernor, stated his strong support for this thanks to the many workers and volun- mous. There is an armory down on Lex- legislation. teers who had come to help, and a real ington Avenue at about 25th or 26th It has been said that more public sense of resolve and demonstration of Street that will be open for those safety officers lost their lives in the support for our Nation. whose family members and loved ones terrorist attack against the United Because of the difficulties with the and friends are missing so that they States on September 11 than in any buildings, we were not able to go in as can go down and identify, and have other single event in modern history. close as we had originally planned. So that registered, and provide additional We may not know exactly how many we stopped at a place short of the im- information that may be required for rescuers gave the ultimate sacrifice mediate area that one could approach identification. yet, but I was told by the acting com- and still not interfere with the search The overall impression that I cer- missioner yesterday that they are and rescue mission or be in danger. We tainly take from that experience yes- missing 300 firefighters. put on our masks because the acrid terday is of the pride I feel in the work I just was handed a note that is a smell of the still burning debris is ex- that is being done, of the leadership very good piece of news, that they have traordinarily oppressive. We got a given by our mayor and our Governor, just found two firefighters and one cit- briefing on the spot from some of the of our police and fire and emergency izen still alive, which is why the search people who were directly in charge of personnel, the extraordinary readiness and rescue mission has to continue. We the work that is being done. of our hospitals to care for the injured, cannot give up. We know from cell I felt as though I were on the edge of the tragedies—there are not as many phone communication and from the ex- hell. I watched the smoke rising. I injured as they had expected—and the perience and intuition of our fire- could see the twisted wreckage, and I realization that we have a very big job fighters and rescue personnel on the had a much clearer visual image be- ahead of us, a job of cleaning up and re- scene that it is still possible—as we cause of my helicopter view. I saw the building and reconstructing. just learned—for people to be alive bur- people who have been there hour after I asked for some estimate from the ied under that rubble. We will not give hour since this vicious attack occurred mayor and the Governor as to what we up until we find every single person. coming toward me. Their shift was were looking at because this is some- Yet when we look at who is on the over. They were seeking some respite— thing for which we have to plan. They front lines, it is not me carrying the firefighters in their uniforms covered were obviously unable to say what the ax. It is not me as one of the iron- from head to toe with dust and debris, total estimate would be of the costs workers who rushed down to volunteer exhausted, and dragging their fire axes that have already been incurred and their services to help remove some of with them. will necessarily have to be incurred in the debris. It is not me as a police offi- The impression and feeling that one the future, but they know that they cer who is on the front lines. It is these gets from actually being even as close could immediately explain and justify men and women who have made the as I was is so much greater with re- $20 billion of direct costs. We will be sacrifice to protect us, and to respond spect to the devastation than we see on asking our colleagues for a show of as they would have at a time of battle. our television screens. The television support, as a way of recognizing that And, in effect, when this act of war in a sense contains a miniaturized view the epicenter of this attack on our took place, they were our front-line of what has happened in New York. country occurred in New York City. soldiers. When we then stood there for a few I took a late train back last night be- The Federal Government provides a minutes—and that is all we were able cause I needed to be here to work with one-time benefit payment to the fami- to spend there—we visited with people my colleagues on not only the further lies of public safety officers lost in the who were looking for their lost loved understanding of the level of devasta- line of duty through the public safety ones. One mother in particular had just tion and need that has occurred but to officer benefit program. Unfortunately, come down to the area hoping against answer questions and to be available as these benefits are often delayed for hope to hear something about her son. we continue to try to sort out what long periods of time because of very Residents who had lost their apart- kind of national response is required. burdensome regulatory applications. ments, their offices, and their busi- I am very pleased that the President In fact, I stood in this Chamber back nesses were standing on the side of a will be going to New York tomorrow in May to commend the sacrifice of familiar street in a totally awful, inex- afternoon. I applaud and salute him for brave New York City firefighters who plicable new circumstance. that decision. I know it was a difficult lost their lives in a Father’s Day blaze We then went to the police academy decision because of the security issues in Queens. Their families are still which has been set up to be the com- that surround the movement of any struggling to complete the application mand center since the city’s command President. I personally, on behalf of my process. They fill it out and they are center was lost in the collapse of one of constituents, thank him. told they need more information. the ancillary buildings to the two tow- I will be meeting, along with Senator It is imperative that we take action ers, and we had a very long and very in- SCHUMER, and others, at the White now to ensure that the family members formative briefing from the mayor, House this afternoon with the Presi- of those brave men and women who from the Governor, and from all of the dent, where I will personally not only lost their lives in this terrorist attack people on the front lines—the police convey my appreciation for his leader- are not confronted with the same oner- commissioner and others who talked ship, his commitment, and his visit to- ous process. about where they were in the struggle morrow, but also the specifics about So the legislation that I have intro- that they are engaged in against this the requests that the Governor and the duced today would direct the Depart- massive mountain of debris. mayor have made for additional and ment of Justice to expedite the process Just that night they had moved out specific Federal assistance. for these families of those who lost more than 120 dump trucks filled with In addition, I introduced legislation their lives while responding at the debris. The estimate from the Army earlier today that will be cosponsored World Trade Center in New York City, Corps of Engineers is that there will be by many colleagues on both sides of the Pentagon in Virginia, or in at least 500,000 tons of debris. the aisle. It has an identical companion Stonycreek Township, PA.

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.038 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9361 Given what I heard on television We flew back with FEMA Adminis- We have come before you as people who from the President, and the extraor- trator Joe Allbaugh last night. Those contribute greatly to our Nation in so dinarily broad support that I have for towers were gone. I felt violated. My many different ways. Now we need you. this already in the Senate, I do not city, the city we all love, had been vio- Please be there for us. think this will be a controversial piece lated. To hear the people talk about f of legislation. But I hope it can be con- looking for their loved ones, to go RECESS sidered as soon as possible to send a down there and see a war zone, to fly in tangible message to our firefighters, the helicopter and see these two tall The PRESIDING OFFICER. The our police officers, and our emergency towers gone—unbelievable. Chair thanks the Senators from New personnel that we are with them and Two things get us through this: York. their families in their time of loss. First, the resilience of New Yorkers—I Under the previous order, the Senate Finally, Mr. President, we are just talked about that yesterday—and sec- stands in recess until 2:15 p.m. realizing the full depth of the humani- ond, the words of not only sympathy Thereupon, the Senate, at 12:54 p.m., tarian crisis and grief and loss that has but offers of help from the President, recessed until 2:15 p.m. and reassem- occurred. For the children who have Members of both sides of this body, bled when called to order by the Pre- now been orphaned, the husbands and from all regions and, in addition, from siding Officer (Mr. EDWARDS). wives who have been widowed, the par- the other body. f ents who are facing what no parent We have talked to the mayor and DEPARTMENTS OF COMMERCE, should have to face ever—the loss of Governor. We have put together a plan. their son or their daughter—there are JUSTICE, AND STATE, THE JUDI- We are going to ask our colleagues for CIARY, AND RELATED AGENCIES no words adequately to describe or ex- help. We are going to ask them for $20 press our sense of loss as a society. APPROPRIATIONS ACT, 2002—Con- billion in addition to the appropriation tinued I am very grateful that the city, the that will come forward now. It seems State, and FEMA will be on the ground like a huge sum of money, but let me The PRESIDING OFFICER. The Sen- with grief counseling, with psycho- catalog some of the problems. ator from Nevada is recognized. logical help, with mental health serv- The mayor and Governor are com- Mr. REID. Mr. President, I under- ices because having been to more disas- piling a list. We want to move this bill stand we are very close to working out ters in my life than I wished, I know quickly so that list will not be com- something on the filing of amend- that those who do not bear any visible plete and this will not be a complete ments. The managers are working on injuries or scars carry deep and lasting inventory of our needs. We will cer- that at this time. Awaiting their ar- wounds. tainly have to come back. rival, I suggest the absence of a We will, as a nation, not only seek Rescue and recovery will cost $10 bil- quorum. out the enemy wherever he may be, but lion, according to the mayor. The sub- The PRESIDING OFFICER. The we will also care for the grieving and way that has collapsed under the World clerk will call the roll. the wounded. We will, I know, do ev- Trade Center Towers will cost $1 to $3 The assistant legislative clerk pro- erything required to provide whatever billion to fix. We have lost 20 million ceeded to call the roll. help and assistance we can as a nation. square feet of office space; 100,000 peo- Ms. COLLINS. Mr. President, I ask I also hope that for those who were ple don’t have places to work. Add to unanimous consent that the order for far away from any of the attacks on that the loss of life of the brave police- the quorum call be rescinded. September 11, they, too, will talk with men, firefighters, EMS people, those The PRESIDING OFFICER. Without one another and comfort each other. objection, it is so ordered. I was very grateful and proud to see who went to work in the morning inno- cently. This is not a usual tragedy for Ms. COLLINS. Mr. President, I rise Laura Bush, Mrs. Bush, on television to applaud the managers of this bill, today talking about the need to have a usual response. We need help. We Senators HOLLINGS and GREGG, for fo- an open conversation with our chil- need large help. cusing on a problem that simply has dren, depending upon their ages, to re- The President told me when I spoke not received the attention it deserves assure and comfort them because the with him that he would do anything he in recent years. I am referring to the binding up of our wounds as a nation could to help. We are so glad he is com- disturbing lack of Immigration and goes far beyond lower Manhattan, or ing to New York tomorrow. The mayor Naturalization Service inspectors at Arlington, VA. and Governor have expressed that, and We have all been stricken by this so do we. But we need, of course, more the land ports of entry that line our cowardly act of terrorism, but I am than just expressions of sympathy and borders with Canada and Mexico. Based confident that we will respond with the solidarity, as deeply as those are appre- on an analysis of workload and work- same resolute purpose that has always ciated. Our financial markets are crip- force needs, the INS estimates that our defined us as a nation, with the same pled. Our electricity market, our phone 104 land ports of entry are staffed at a compassion that marks us as a people, system, all of this is in huge trouble. mere 49 percent of their optimal level, and with the same resolve to not only We are putting forward, Senator leading to long lines and exhausted, defend ourselves wherever and when- CLINTON and myself, a proposal. We overworked inspectors. ever that is necessary, but to rebuild will bring it in broad outline before our The situation in my home State of and reconstruct the human spirit and colleagues in a few minutes. We will Maine is even more alarming. Maine’s the physical terrain of America. then work on language, and hopefully 12 land ports of entry are staffed, on Thank you, Mr. President. it can be incorporated into the bill. average, at 41 percent of their optimal The PRESIDING OFFICER. Without Let me just say, these are the most level. This means that 71 INS inspec- objection, the senior Senator from New difficult times I have faced as an elect- tors must perform the work of 174 men York will be recognized for 7 minutes. ed official. I now understand, during and women. To put the problem in per- Mr. SCHUMER. Thank you, Mr. our valiant struggles—whether it be spective, I point out that, last year, President. the Revolution, the Civil War, World Maine’s 71 INS border staff inspected Mr. President, I join with my col- War II—how brave our soldiers were to approximately 6.75 million people who league in speaking of our trip that we just go on despite the heavy burdens passed through our land border ports of had to New York and in what we are pressed upon them. I feel that a little entry in 3 million passenger vehicles, seeking to do here. bit myself. It is hard to get up in the 400,000 commercial trucks, and thou- I fly home to New York every week. morning having not slept or having had sands of buses and trains. The sight I see is usually a friendly nightmares of those planes going Moreover, many of these inspections sight: first over Staten Island and the through the towers. There are too are far from routine. Since 1996, the Verrazano Bridge, and then Prospect many things to do in the day, but every Portland, ME district of the INS— Park and my home which is on Pros- one of them is essential. And go on we which includes 14 land border points of pect Park in Brooklyn, then the Statue must. entry in Vermont and one in New of Liberty and those two tall towers To my colleagues and the Nation, Hampshire—has confiscated over 2,500 that stand as symbols of New York. New York desperately needs your help. fraudulent documents and apprehended

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.040 pfrm02 PsN: S13PT1 S9362 CONGRESSIONAL RECORD — SENATE September 13, 2001 hundreds of narcotics and alien smug- hended before they can accomplish cans, have lost loved ones. They are glers, over 8,200 criminal aliens, and their goals. part of the rescue crews, and they are approximately 4,000 aliens who were As skilled and as vigilant as they are, the nurses and the doctors working the subject of lookouts by the INS and our border inspectors need more help, around the clock to save lives. We, all other agencies. Last year alone, the and that is why I commend the Senator of us, have been attacked and assaulted Portland district office apprehended 4 from New Hampshire and the Senator as Americans of all faiths, of all back- terrorists. from South Carolina for their work. I grounds. We stand as Americans to These figures underscore the critical strongly support the provisions in this take on those who threaten us and to need for additional land border inspec- bill that will put more inspectors respond and hold them accountable. It tors to protect the integrity of our bor- where they are urgently needed on our is important in our grief and in our ders and the safety of those who cur- borders. anger that we not allow the terrorists rently man them. This latter point is Thank you, Mr. President. to turn us on each other. perhaps best illustrated by the situa- The PRESIDING OFFICER. The Sen- This is a time of testing our Amer- tion at the border port of entry in ator from Nevada. ican values, our beliefs, and our will. It Coburn Gore, Maine. Coburn Gore Mr. REID. Mr. President, I ask unan- is an opportunity for all of us to stand should be staffed by 12 INS inspectors. imous consent the Senator from Michi- together and make a statement about Instead, it has two. Together with two gan, Ms. STABENOW, be recognized as in who we are and what we believe. I Customs Service inspectors, they man morning business for 5 minutes. know that in the great State of Michi- the port of entry 24 hours per day, 7 The PRESIDING OFFICER. Without gan, all that I represent, everyone I days per week. Most of the time, objection, it is so ordered. The Senator represent, stand together arm in arm Coburn Gore is manned by only one in- from Michigan. to make sure the victims and the fami- spector. Think about that. A single in- f lies have what they need and that jus- spector must not only keep traffic TESTING OUR NATIONAL WILL tice is served in this outrageous attack moving but must also decide when and AND CHARACTER on America. whether to conduct a time-consuming Thank you, Mr. President. Ms. STABENOW. Mr. President, I secondary inspection when suspicion is f raised. Not surprisingly, traffic some- rise today to talk about how Tuesday’s DEPARTMENTS OF COMMERCE, times backs up to the Canadian border. terrorist attack is testing our national JUSTICE, AND STATE, THE JUDI- And when assistance is needed, a call will and our character. There are no CIARY, AND RELATED AGENCIES must be placed to the State Police bar- words to fully describe the depth of APPROPRIATIONS ACT, 2002—Con- racks in Skowhegan, the nearest sher- that infamy and not enough tears to tinued iff’s office in Farmington, the nearest properly mourn the innocent lives that Border Patrol office in Rangeley, or have been so cruelly taken. We join all The PRESIDING OFFICER. The Sen- the nearest land border port of entry in Americans in a focus to help those vic- ator from Nevada. Jackman, each of which is located at tims, families, and communities who Mr. REID. Mr. President, yesterday least an hour’s drive away. have been terrorized, and also to focus and this morning, one by one Members For years, all available INS resources on those who are responsible and hold of the Senate came to the Chamber of- have been allocated to increase the them accountable. fering their thoughts on the events number of Border Patrol agents sta- We have come together to say loudly that occurred on September 11. There tioned on our southern border. At the and clearly that we will respond to were words of condolence to the ter- same time, the number of land border those who have attacked and murdered rorism victims and their families. inspectors actually has decreased Americans. But I am also concerned There have been words of praise for slightly. I am therefore very pleased that in our anger, an anger we all firefighters and police officers, many of that Senators HOLLINGS and GREGG share, we would lash out at fellow whom gave their lives attempting to have allocated $25.4 million to hire 348 Americans who come here from the help others. land border inspectors to, in their Middle East, which is also wrong. There were words of anger and warn- words, ‘‘begin the long process of align- I am disturbed by reports from my ing at the perpetrators of these ter- ing manning with workload require- home State of Michigan that Arab rorist attacks, and there were words of ments.’’ Eighteen of these new inspec- Americans have been victims of threats concern and outrage the United States tors would be located in Maine, and and hate mail and their businesses and is not doing enough to prevent and would increase the number of INS in- institutions have been vandalized. One combat terrorism from rearing its ugly spectors stationed at land border ports businessman felt so threatened that he head on our shores. of entry in my home State by 25 per- bought two American flags—one for his During my own remarks, I noted that cent. Significantly, the bill would home and one for his business—as he General Holland, the U.S. Air Force mean two new inspectors for Coburn felt he needed to prove his love for his commander in chief of the Special Op- Gore. country. We want people to fly Amer- erations Command at MacDill Air On August 31, I wrote to Attorney ican flags out of pride, not out of fear. Force Base in Florida, who directs our General Ashcroft asking him to sup- The Koran, just as the Bible, is a counterterrorism efforts on behalf of port the increase in land border inspec- book of love, peace, and tolerance. the U.S. military, does not have a di- tors including in this bill but, unfortu- There are those who have outrageously rect civilian counterpart. I reiterate nately, excluded from the House perverted that message. It reminds me what I and several other of our col- version. of the Ku Klux Klan that took the sym- leagues said yesterday: We should have It is cruelly ironic that today, in the bol of the cross and the words of Chris- one. aftermath of the worst terrorist attack tianity and perverted them to lash out I find it almost ironic, while the ter- the world has ever witnessed, news re- with hate and violence against other rorists were attacking our innocent ci- ports have indicated that some of the Americans. There are those in the vilians and our democratic freedoms, terrorists responsible may well have world who are extremists who are we in the Chamber of democracy’s entered our country through one or doing the same thing with the religion most deliberative body were consid- more of Maine’s understaffed land bor- of Islam. ering a bill that takes a significant der ports of entry. I know Arab Americans, as all Amer- step to provide such a civilian counter- The INS and Customs Service inspec- icans, grieve and have anger and out- part to the military point person on tors on our northern border work hard rage about what has happened, and counterterrorism. and long to protect our safety. It is dis- they want justice for Americans. This bill before the Senate today con- turbing to learn how often they en- I stand here today urging all of us to tains language to create the position of counter terrorists and other criminals come together as Americans and not Deputy Attorney General for Com- seeking to gain entry into the United allow the terrorists to have another bating Terrorism. States. Yet it is comforting to know victory by having us turn on each When I spoke this morning, I com- how often these criminals are appre- other. Arab Americans, as all Ameri- mended the two managers of this bill.

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.004 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9363 Senator HOLLINGS said he was glad to is not as comprehensive, but it is an B. Smith: America Tissue. participate, but the original idea came important element of it. I certainly B. Smith: Eco Industrial Grant Program from the Senator from New Hampshire, thank him for his support as he is a Study. Specter: Redistributing PA Funding. Mr. Gregg. The Deputy Attorney Gen- significant leader within the Senate, McCain: Title II. eral for Combating Terrorism would and his support is welcome and will Nickles: 2 Relevant. not only oversee the counterterrorism give this proposal a little bit more Nickles: 2 Relevant to any on list. activities within the Department of credibility. Mr. HOLLINGS. Mr. President, I ap- Justice but would also provide much I thank the Senator from Nevada. preciate the cooperation and leadership needed leadership throughout the Fed- The PRESIDING OFFICER. The Sen- of Senator GREGG and the leadership on eral Government for counterterrorism ator from South Carolina. both sides of the aisle in helping us prevention, preparedness, crisis man- Mr. HOLLINGS. Let me also thank with this finite list. agement, and consequence manage- our distinguished leader, Senator REID. They said not to send up the matter ment. Mr. President, I ask unanimous con- of the conferees at this particular time, This Deputy AG would be appointed sent that the following list I send to but that is the same list. The list, Mr. by the President of the United States, the desk be the only first-degree President, is agreed to on both sides confirmed by this Senate, and would amendments in order to H.R. 2500; that and the Chair has already ruled. I only have the authority and access to re- they be subject to relevant second-de- ask that some of these Senators come source, coordinate, and oversee the full gree amendments; that upon disposi- forward so we can debate and vote. range of programs throughout the Fed- tion of all amendments, the bill be read I want to confer with my ranking eral Government to combat terrorism. a third time and the Senate vote on member to see what we can have This Deputy Attorney General would passage of the bill; that upon passage brought up and what we can eliminate also make recommendations to the of the bill, the Senate insist on its and bring this to a conclusive list be- Congress and the President for devel- amendments, request a conference with cause this one is pretty long. oping a strategy preventing, preparing, the House on the disagreeing votes of I suggest the absence of a quorum. and responding to terrorism. the two Houses, and that the Chair be The PRESIDING OFFICER. The Moreover, this Attorney General authorized to appoint conferees on the clerk will call the roll. would play the central role in review- part of the Senate, with no intervening The assistant legislative clerk pro- ing the budgets of all the Agencies and action or debate. ceeded to call the roll. Departments within the Federal Gov- The PRESIDING OFFICER. Without Mr. HARKIN. Mr. President, I ask ernment to determine whether they are objection, it is so ordered. unanimous consent that the order for adequately funded to implement our The list of amendments is as follows: the quorum call be rescinded. national strategy against terrorism, AMENDMENTS The PRESIDING OFFICER. Without and when General Holland or some Bayh: Social Security Payback. objection, it is so ordered. other person who follows in his foot- Boxer: Relevant. The Senator from Iowa. steps would want to talk to his civilian Boxer: Relevant. Mr. HARKIN. Mr. President, I want counterpart, he would have some place Breaux: Relevant. to address for a few moments one of to go and not have to go to the FBI, Byrd: Relevant. the issues we are going to be con- the Department of Justice, the Immi- Byrd: Relevant. fronting both on our committees and I gration and Naturalization Service, or Byrd: Relevant to the list. am sure in the Chambers of the House the Department of State. There would Carnahan: Byrne grants. and the Senate in the not-too-distant Clinton: Increasing funds for Internet future as a result of the tragic events be one place for the military counter- Crimes Against Children Task Force. part to go. Clinton: Authorizing pension benefits for of this week, and that is the issue of As Senator GREGG stated earlier spouses. airline safety and what we can do in today, this proposal may not and Daschle: Relevant. the future to prevent this tragedy from should not be the last word in how we Daschle: Relevant. ever happening again or prevent any respond to terrorism in this country Daschle: Relevant to the list. kind of hijacking of airliners in the fu- and abroad. Dodd: Election Reform. ture. Given the barbaric and uncivilized Durbin: Replacing Clean Diamonds Act. It occurred to me as I began thinking events of Tuesday, we need action on Feingold: Relevant. about this—and I have been a pilot all Feingold: Relevant. the part of this Congress and we need it Feinstein: Crib Safety. my life. I have flown since I have been now. We have a bill before us today Feinstein: INS Backlog. about 20 years old, both as a military that addresses many of our concerns. Feinstein: Judges. pilot and a civilian pilot. I have my For the fourth or fifth time today, I Feinstein: Relevant. commercial license. So having flown commend Chairman Hollings and Sen- Graham: Social Security Trust Fund. all these years, I am quite aware of the ator GREGG for their leadership and Harkin: SOS—Discrimination against Is- different steps that need to be taken to their vision in including this language lamic Faith. provide for aircraft security. in this bill that was written well before Hollings: Managers Amendments. It occurred to me, while I was think- Hollings: Relevant. the tragic events of Tuesday. I pledge Hollings: Relevant to the list.. ing about all of this, that over the last my assistance to them in retaining this Inouye: Relevant. several years I have been to Israel on language as we move forward in the Kennedy: Relevant. more than one occasion—two or three conference committee on this legisla- Landrieu: Domestic Violence. times—and with all of the terrorist ac- tion. Landrieu: Relevant. tivity that the Israelis have had to put The PRESIDING OFFICER. The Sen- Nelson (FL): Relevant. up with over all these years, they have ator from New Hampshire. Nelson (FL): Relevant. yet to lose an El Al airliner. Having Mr. GREGG. I thank the Senator Reid: Relevant. gone through the procedure of flying from Nevada for his generous com- Reid: Relevant to the list. Schumer: Relevant. on El Al as I have done in the past, I ments about the efforts of Senator Hatch: 15 related to terrorism. know they have a system in place in HOLLINGS and myself in this area and Bond: American Airlines. which you are very certain that no one his support of these initiatives in this Sessions: Funding for Coverdell Crime Lab. is going to hijack that airplane. It bill to accomplish some focus on Sessions: Tech on Crime Lab. seems to me we could learn a lot from counterterrorism, although, as he men- Sessions: 2 Relevant. how the Israelis have done that. tioned, it is not going to change what Kyl: Terrorism. I am hopeful our Secretary of Trans- happened in New York. It may appear Kyl: Relevant. portation, Mr. Mineta, as he looks at it is too little too late. It is actually in Thurmond: Circuit Meetings. this issue, will call upon our friends in B. Smith: Terrorist Assets. anticipation of trying to get ready for Specter: 2 Relevant. Israel and those who run El Al airlines the next round of what is clearly going Hutchison: Sky Marshal Program. to consult with us. It has to do with a to be a long and difficult struggle for Lott: 2 Relevant. process and a procedure which might our Nation. It is part of that effort. It Lott: 2 Relevant to list. slow things down a little bit. It is true

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.044 pfrm02 PsN: S13PT1 S9364 CONGRESSIONAL RECORD — SENATE September 13, 2001 it might slow things down a little bit, ing pass and put it through the elec- measures we need to ensure airline pas- but at least I believe it will give pas- tronics, your picture pops up alongside sengers have the absolute assurance sengers in this country the absolute as- the boarding pass so they know you are once they get on that airline it will not surance they are going to be safe when the exact person who bought that tick- be blown up and it will not be hijacked. they get on that plane. et. These are just some of the measures The other thing that occurred to me It seems to me these are simple, I have been thinking about that I am was that whenever you go out of this technological means we can use to en- hopeful the Congress will take action country and you come back into this sure those who buy tickets are the on soon, in coordination with the Sec- country and you go through immigra- same people who get on the plane and retary of Transportation and the ad- tion, you show them your passport. make sure the baggage checked is ministration. Many improvements are That immigration officer sits in the yours. This method might sharply sim- already being implemented. But, other back of that little desk and swipes plify the process of assuring that ideas need to be discussed and be im- your passport through with your pho- checked package being placed on a plemented. These and perhaps what- tograph and your numbers. They do it plane matches those that get on board ever measures are advisable. for everyone coming through. I am told that plane. In some cases, where airlines now they have a list of suspected terrorists, However great a system is, redun- have the responsibility, we probably suspected criminals, those who have a dancy is essential. So, we also need to want to shift those important safety record, and that list is readily acces- think about increasing safety on the considerations to the Government. sible so they can match a passport aircraft itself. Mr. HOLLINGS. I thank the distin- coming in—not just a U.S. passport but There has been talk of putting sky guished Senator from Iowa. He has any passport anywhere in the world— marshals on appropriate flights. I got a given a very cogent overview of our check those papers against that list, fax from a friend I flew with in the needs. It struck this Senator in a simi- and they know right away if a name Navy. Larry Durbin retired as an air- lar fashion. I don’t have the expert pops up if this is someone they need to line captain from United Airlines. He knowledge that the Senator from Iowa detain or to have a further look at be- faxed one sentence: TOM, why don’t you has as an active pilot. However, every- fore they are allowed into this country. hire retired airline captains as sky one should know, we immediately set It is my understanding that list is marshals? I thought to myself, that up a hearing with the Secretary of not available to the airlines, and I won- might be a pretty good suggestion. We Transportation. The first time we get der again if perhaps this is another sys- have a lot of retired airline captains back from the Rosh Hashanah holiday, tem that we ought to look at where, past the age of flying. They might be Monday, Tuesday, and Wednesday, we before you get on an airplane, you have interested in this type of occupation. I set it up for 9:30, on Thursday morning your ID, but that some instant check think that is something we ought to before the Commerce, Space, Science be done to make sure you do not have consider. Obviously, they know about Transportation Subcommittee where some kind of a record, that you are flying; they know what it takes. I be- we have jurisdiction of the Federal who you say you are, and that you lieve they could help us immensely. Aviation Administration. Along with would not be on the same list the Im- I am told El Al has on their airlines that, we have a bill from Senator migration and Naturalization Service, solid doors in their airplane cabins. HUTCHISON of Texas with respect to air INS, would have or a more appropriate Once the pilot, the copilots, and the marshals. list. flight engineers are in the cockpit, I have been at a news conference and Third, we need to make sure our they lock the door and you cannot get one system was mentioned in detail, checked baggage is better examined. in. You cannot kick it in. The only way which I agree with. Otherwise, the only Again, I go back to what El Al does in to unlock it is from the other side. We one you may have left out was a mat- terms of making sure that when you do lock our doors on our planes in this ter of professionalizing the scanners get on the airplane, it is your baggage, country, but, quite frankly, they are and screeners. The present system now that the baggage has been x ray’d thor- not very secure doors. I believe that is is to leave it to the private airlines. oughly, and before you get on the plane another item we ought to look at in They hire, at the minimum wage level, they have identified that as your lug- terms of making sure that no one can folks who are totally ill-equipped, not gage. We do not do that in this coun- breach cabin security. properly trained, and not professional, try. Last night, I spoke with Senator STE- and they only stay on the job until That would not be as easy to accom- VENS, both of us being pilots of old vin- they can get a paying job, so to speak. plish as it sounds. It could cause tage. We were talking about the old I have mentioned that for several delays. But, I am hopeful that we can days. We always had an IFF, identifica- years because in Europe they are all develop efficient methods that can be tion friend or foe, in military parlance, government employees. Governments implemented to efficiently do that on all aircraft. When the aircraft start- in the various countries will not allow minimizing those delays. ed up and you turned on the electrical it to be done except through those pro- It has also been suggested that when system, that IFF began to transmit. It fessionals. I think we can get that you get on an airplane you ought to was on until that airplane was either done, and any other suggestions that have a photographic record of that. shot down or landed and turned off. I the distinguished Senator has, I appre- Tickets can be purchased over the believe we ought to have that on every ciate his leadership on this score. We Internet. Once you walk up to the domestic airliner in this country. It is want to hear from him. The Senator is counter and receive your boarding a simple device. welcome to come to the hearing next pass, you have to show them a photo In other words, these people got on week at 9:30 on Thursday morning. ID. But once you get the boarding pass, and somehow they knew how to turn Mr. HARKIN. I appreciate that. This you can give that to anyone. Anyone the transponder off. Once they did is the chairman’s jurisdiction and I can get on that airplane. There is a that, it was very hard to keep track of know of his intense interest. I did not breakdown there. the airliner. But with an IFF system know about the hearing. I applaud the Every time I walk into a 7–Eleven that identified a specific aircraft that Senator for that and congratulate the store or up to an ATM machine to draw would be on all the time, that could Senator for moving aggressively in this out money, a picture is taken. When never happen again. area. I say to my friend, better train- you walk into a 7–Eleven store, there is These are some of the things we are ing of those individuals doing the a photograph taken of you in that going to have to discuss on the Senate checking is on my list; I just didn’t store. There is a record kept of that. It floor and in our committees. Many dif- read it. I didn’t want to take all after- seems to me a simple matter to put in ferent measures we have been very lax noon. place that when you walk up to get about. We have been very lucky in this Mr. HOLLINGS. That is what every- your ticket, a photograph is taken. country, very lucky in our domestic one suggested. Everyone realizes it is That photograph is matched with your and international air service. Our luck inadequate. identification. When you go to board has run out. I think now is the time to Mr. HARKIN. I might add that this the airplane and they take your board- take a hard look at all of the security ought to be a governmental function.

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.046 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9365 Mr. HOLLINGS. I think it should be. Mr. HARKIN. I will do what I can. I Right to the point, on the other side It is in Europe. yield the floor. of the aisle I think this is an important Mr. HARKIN. So we could have them Mr. GREGG. Mr. President, I join amendment by Senator HATCH and Sen- well trained and they know what they with the Senator from South Carolina ator KYL. They will momentarily come are looking for. in hoping Senators who have amend- to the floor. Other than that, we are al- I share with my friend from South ments will bring them to the floor. The most cleared on the other side as well. Carolina something that happened to opportunity is here to proceed on this Within the next hour, I would be pre- me in August which gave me pause for bill. In the context of what happened in pared to move to third reading, unless, concern, but you move on in life. the last 2 days, the passage of this bill of course, my colleague comes down I was making something; I had to get is obviously not an Earth-shattering and wants to offer his amendment. a 2-inch galvanized pipe that was about event, but it is an important element As the distinguished leader is doing, 321⁄2 inches long. I had to drill some getting our house in order, showing we I give notice. Come on down and let us holes in it and I had to get it from here are doing the business of the Govern- hear from you. We welcome you offer- to my house in Iowa. I have been work- ment. ing any amendment. But we have to ing on it here. I thought, how am I Ironically, a great deal of this bill is get on because leaders on both sides going to get it out there? It would not directed at assisting the FBI, which have an important emergency author- fit in my suitcase. So I got a cardboard has a huge responsibility now, and as- ization bill of $20 billion for the Presi- tube from a package store and put it in sisting the Justice Department, which dent, plus some other matters that the the tube and taped it over. I thought to is really the lead agency in the present President wishes us to take up, plus an myself, boy, am I going to have trouble effort to track down the people who appointment or two. We are wasting when that goes through the x-ray ma- have committed this despicable act, valuable time by not moving along 1 chine, 32 ⁄2 inch long, galvanized, heavy and assisting the State Department, with an amendment. pipe, into which I drilled holes. which has been under tremendous pres- The PRESIDING OFFICER. The Sen- So I go through the x ray machine sure. These agencies need to have the ator from New Hampshire. out here at National. I set it there and reassurance that we as a Senate are Mr. GREGG. Mr. President, I second I thought, I have all my Senate ID and going to act and support them. I hope what the Senator from South Carolina everything to show them I am a Sen- people who have concerns about how said. We are at a critical period in our ator and they can trust me. I could this bill is structured and wish to Nation, and we are treading water. open it up and show them it is just a amend it will bring those concerns to That is inappropriate. This bill has a plain piece of pipe with some holes lot of important elements which are drilled in it. the floor. It went through the x ray machine In the short term, I know the Sen- very apropos and necessary for assist- and they didn’t say anything, nothing. ator from South Carolina has men- ing agencies that are in the middle of I could not believe it. I thought to my- tioned the opportunity to go to third the fight against terrorism today. We self, what if that had been filled with reading. We do have a list of amend- should move it. I agree with the state- dynamite? What if it was not me and ments. We wish to give those folks the ment by the Senator from South Caro- they just took it right on board with a opportunity to bring them forward. lina and hope that Members will offer fuse? They have the right to bring them for- their amendments. If not, I would sup- I thought to myself, something has ward. But this bill is also important. port going to third reading. to change. For something like that to This legislation needs to be passed. I Mr. HOLLINGS. Mr. President, I sug- go through an x ray machine and they hope people will come to the floor and gest the absence of a quorum. did not even pick it up, a pipe this make their amendments known. The PRESIDING OFFICER. The long, that round, and probably about a I suggest the absence of a quorum. clerk will call the roll. quarter inch thick—and they did not The PRESIDING OFFICER. The The assistant legislative clerk pro- pick it up? It should have been changed clerk will call the roll. ceeded to call the roll. many years ago. The bill clerk proceeded to call the Mr. HOLLINGS. Mr. President, I ask Mr. HOLLINGS. The main thing is roll. unanimous consent the order for the we have to secure that door imme- Mr. HOLLINGS. Mr. President, I ask quorum call be rescinded. diately. You cannot use a domestic unanimous consent that the order for The PRESIDING OFFICER. Without flight as a weapon of mass destruction. the quorum call be rescinded. objection, it is so ordered. That has to be done in the next 3 The PRESIDING OFFICER. Without AMENDMENT NO. 1558 weeks. We ought to get an FAA order objection, it is so ordered. Mr. HOLLINGS. Mr. President, I send out, not about the bags at the check- Mr. REID. Mr. President, we now to the desk a managers’ amendment. It in, but I mean everybody ought to have a unanimous consent agreement has been gone over with the ranking know they might go down themselves that is in effect that limits amend- member and the other side. but they are not going to do like they ments. We have spoken on this side of Let me yield on that score. did at the Pentagon or the World Trade the aisle to a number of Senators. The PRESIDING OFFICER. The Sen- Center. There are only a few who have given ator from New Hampshire. Mr. HARKIN. Those doors have to be some indication that they want to offer Mr. GREGG. Mr. President, we have solid metal doors. amendments. reviewed the managers’ amendment Mr. HOLLINGS. Locked from the in- I say this with the full understanding and support the managers’ amendment. side, and with a rule not to open them that this has been cleared by the man- Mr. HOLLINGS. I urge its adoption. on cross-country flights. ager of the bill. There is going to come The PRESIDING OFFICER. The I just flew from Honolulu to Sidney, a time this afternoon when Senator clerk will report the amendment. Australia, and I never saw those pilots HOLLINGS and the ranking member are The legislative clerk read as follows: come back once. The wind wasn’t good; going to move to third reading. The The Senator from South Carolina [Mr. it was 111⁄2 hours. So they can hold fact that they have these amendments HOLLINGS], for himself and Mr. GREGG, pro- tight for 4 hours on a cross-country listed doesn’t mean they can hold up poses an amendment numbered 1558. flight. this bill. If people want to offer these (The text of the amendment is print- Mr. HARKIN. I thank the chairman amendments, they have to come over ed in the RECORD under ‘‘Amendments for his diligence, moving forward rap- here and offer them. Otherwise, the Submitted.’’) idly on this matter. I look forward to two Senators will move to third read- The PRESIDING OFFICER. Is there the hearing. If my schedule permits, I ing, and we will have final passage on further debate on the amendment? would like to sit in on the hearing. I the bill. If not, the question is on agreeing to appreciate his offer. Is that a fair statement? amendment No. 1558. Mr. HOLLINGS. I would appreciate if Mr. HOLLINGS. This is a fair state- The amendment (No. 1558) was agreed you would come, and I would appre- ment. That should be represented to all to. ciate it if you will help this afternoon, Senators who have amendments and an Mr. HOLLINGS. I move to reconsider getting rid of this other bill. interest in these proceedings. the vote.

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.049 pfrm02 PsN: S13PT1 S9366 CONGRESSIONAL RECORD — SENATE September 13, 2001 Mr. GREGG. I move to lay that mo- the United States, our economy would economy which depend very much on tion on the table. be crippled. the effective continuation of airline The motion to lay on the table was United Airlines and American Air- service. agreed to. lines face a very unusual circumstance I ask my colleagues to join me in at- Mr. HOLLINGS. Mr. President, I sug- where because their planes were in- tempting to find a way where we can be gest the absence of a quorum. volved, there is a potential for lawsuits fair and equitable to those innocent The PRESIDING OFFICER. The on behalf of the passengers who were victims and their surviving families clerk will call the roll. killed, the crew that was killed, and and still not cripple our economy. The legislative clerk proceeded to potentially even the innocent victims As I said earlier this morning, the call the roll. on the ground, which we do not know terrorists have struck a mortal blow Mr. BOND. Mr. President, I ask unan- the final total but we expect it is past against our fellow citizens, against imous consent that the order for the the 4,000 mark, and we fear greatly Americans, against the buildings in quorum call be rescinded. that it may go significantly higher. New York, the Pentagon, and else- The PRESIDING OFFICER. Without I spoke today about the need of pro- where. We must deny them a victory objection, it is so ordered. viding some means of keeping these because what they really want to do is Mr. BOND. Mr. President, I have been airlines from being put out of business cripple us economically and psycho- listed as potentially having an amend- by the potential liability. It is not just logically. There will be many more ment today. I want to address the sub- the lawsuits that they might face in steps we must take to make sure our ject. I discussed this at our bipartisan the future that could force these air- economy is not crippled, and there will caucus luncheon today because this is lines out of business. The potential of be concerns coming out of the financial one of the many serious aftermaths of the lawsuits has the likelihood of mak- community as well, which is where the tragedy of September 11. ing it impossible for them to continue many firms have suffered great losses. We have talked a great deal, as we normal financing operations. In other But this particular concern is one should—properly so—about the tremen- words, if they were to go to a bank and where I ask the leaders and members of dous search and rescue efforts that are say: We need to keep our cash flow in- all committees involved to consider going forward. We are going to move tact so we have the cash to run our air- very carefully how we can expedi- expeditiously to make sure we find lines, to purchase the jet fuel, to pay tiously provide an alternative means those who may be alive, and today as our employees, to buy the supplies, a for compensating the victims that does we watch the news, we see very grati- bank might look at them and say: If not put the future of two of our major fying stories of people being found you are exposed to lawsuits of wrongful airlines at risk. alive. As I have said before, a search death for untold thousands of people, This is not something we can talk and rescue unit is there from central we cannot lend you money, in which about in the next couple of months and Missouri where I live. They are work- case one could easily see the end of act on at the end of this year, the first ing hard. these two great airlines, with the tre- of next year. This is a question which I also mentioned, in addition to the mendous impact this would have on is imminent, which must be resolved deaths, the damage, and the destruc- our economy, not just our traveling within a matter of days, not even a tion that the terrorists have caused di- public but the entire economic struc- matter of weeks. rectly, they will be successful to the ture that depends upon good airline I do not have an amendment at the extent they are able to cripple this service. desk, but I will ask that my name be country psychologically or destroy our I raised the question of limiting li- removed from the rolls of those who economy. We all have a responsibility ability at lunch today with a number proposed to offer an amendment so to work with, to encourage, to respond of colleagues. One of the concerns that that the managers of the bill can go to the needs of our citizens so they can came back from them was, okay, who about passing this very important move forward and not be paralyzed by will compensate these unfortunate vic- Commerce-State-Justice bill which has fear so we can get this country work- tims? We have talked with legislative many other important elements. I in- ing again. counsel. We are working with the Con- vite the thoughts, the discussion, and We have a responsibility as well to gressional Research Service. We do not the constructive suggestions of my col- make sure that our economy is not have ready the amendment I had hoped leagues. crippled. to be able to present on this bill, but The PRESIDING OFFICER. The Sen- The situation was brought to my at- the amendment we are considering ator has that right. tention today about the two airlines would provide compensation for all of Mr. BOND. Mr. President, I thank the whose airliners were hijacked by these these victims under the Federal Tort Chair and I yield the floor. terrorists who are conducting their Claims Act. That means the victims The PRESIDING OFFICER. The Sen- own form of war against the United would be compensated in the appro- ator from South Carolina is recognized. States. They captured airlines and used priate manner to the extent they could Mr. HOLLINGS. The first urge would helpless passengers as human bombs to establish the basis for compensation. It be not to say anything, not to respond, destroy the two towers of the World would mean the Federal Government but in deference to one of the best Sen- Trade Center, to destroy a section of would pay the claims. The important ators I have served with over my 34 the Pentagon, and, with sorrow but impact would be this would take that years, I know the Senator from Mis- without as great a damage, to down one potentially crippling liability off souri is genuine, he is sincere, and he is one plane in Pennsylvania. the financial balance sheets of the two concerned about the economy and the Two of the airlines involved are airlines. future of these airlines. major airline carriers, American Air- I am concerned if we do not do that, I heard about this a little while ago. lines and United Airlines. They have the airlines will not be able to secure Let us have hearings. There is nothing lost airplanes. More important, they normal financing or extraordinary fi- to avoid that. We are going to have have lost valued employees and their nancing that will now be required to hearings, first of all, with respect to priceless cargo, the passengers. get them back into the air to continue safety so we can get the airlines back At this point, the entire airline in- the service that is vital not only for up and running. dustry in America is facing a crisis. those of us in the traveling public but I am an old-time trial lawyer. With They have been grounded. Their ex- for the entire economy which depends respect to any kind of claims, if there penses go on, but their revenues are upon good commercial airline service, are indeed claims, they would not be not coming in. For all of these airlines, not only for passengers but for delivery filed for months. It appears to me as an we must consider a number of ways to of other commodities by mail. act of war they might define some neg- assist them, and we should work on We have heard stories about organ ligence, but be that as it may, the FBI that very quickly to make sure we do donations. Organs being transported is going to do some of the best inves- not lose airline service because if we for implantation purposes cannot be tigating for us. were, as a result of this action, to see handled because there is no airline That will take months. If you filed a commercial airline traffic cut off in service. There are many aspects of this summons and complaint in the next

VerDate 31-AUG-2001 01:10 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.052 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9367 hour, you would not get to court before The PRESIDING OFFICER. Without The PRESIDING OFFICER. The the end of next year, I can tell you objection, it is so ordered. clerk will call the roll. that, with the motions and everything Mr. DURBIN. Mr. President, as the The assistant legislative clerk pro- else. So trying to compensate the vic- chairman of the subcommittee and the ceeded to call the roll. tims, which we will be concerned with, manager of the bill knows very well, in Mr. HOLLINGS. Mr. President, I ask there is no question the Senator from September 1999 the Department of Jus- unanimous consent the order for the Missouri is correct on that particular tice sued the tobacco industry to re- quorum call be rescinded. score, that is to come. cover federal costs associated with dis- The PRESIDING OFFICER. Without We heard this about the airlines and eases caused by smoking. The suit al- objection, it is so ordered. we found out last year from a GAO re- leges that the tobacco companies en- AMENDMENT NO. 1559 port that they had $100 billion in rein- gaged in a campaign since 1953 to de- Mr. HOLLINGS. Mr. President, I send surance. But barring that and later the fraud and deceive the American public a managers’ amendment to the desk, statement made that we do not want to regarding the dangers of smoking dis- that has been checked on both sides, wreck the economy, we can save the ease and death, despite the fact that and ask for its consideration. economy in this Chamber of the Sen- the companies were aware of these The PRESIDING OFFICER. The ate. health effects. A couple of months ago we were talk- clerk will report the amendment. This case continues to be pending be- The bill clerk read as follows: ing about surpluses, surpluses, sur- fore the courts. Last year, a U.S. Dis- The Senator from South Carolina [Mr. pluses, surpluses. As of this minute, ac- trict Court judge dismissed some cording to the debt to the penny by the HOLLINGS], for himself and Mr. GREGG, pro- counts of the lawsuit but upheld the poses an amendment numbered 1559. Secretary of the Treasury, there is $96 government’s right to sue the tobacco Mr. HOLLINGS. I ask unanimous billion. It could well be these losses industry under the Racketeer Influ- consent reading of the amendment be would amount into the billions, maybe enced and Corrupt Organizations Act. dispensed with. not $96 billion. But you and I have done That portion of the case is still pend- The PRESIDING OFFICER. Without this in the last several months, talking ing. Discovery is underway, and the objection, it is so ordered. about surpluses and cutting revenues judge has set a trial date for the year The amendment is as follows: some $74 billion and then running 2003. around in a circle, where did the money There were a number of press reports On page 12, line 10, strike ‘‘an in effect on go? The economy went into a dip. We that indicated some uncertainty of the June 1, 2000,’’ took $74 billion out this fiscal year On page 17, line 20, after the colon insert Department of Justice about this law- the following: ‘‘Provided further, That, of the that is going to end in 2 weeks’ time. suit. The Attorney General has indi- So for those who are concerned about amount appropriated under this heading, cated that he was going to personally $67,000,000 shall be transferred to the Immi- the economy—and please include me in review the lawsuit and determine gration Services and Infrastructure Improve- that number—let us look at where it whether or not to vigorously pursue it. ments Account under section 204 of the Im- has really been devastating. This act of Just last week, the Acting Assistant migration Services and Infrastructure Im- war is devastation enough. I appreciate Attorney General for the Civil Division provements Act of 2000 (8 U.S.C. 1573), to be the sincerity and the vision of my col- at the Department of Justice testified used for the same purposes for which funds league from Missouri. We definitely are before the Senate Judiciary Committee in such account may be used and to remain going to have some hearings on this that the suit is proceeding as planned. available until expended:’’. issue, and I will be supporting some On page 24, strike lines 19, 20, and 21, and I presided over that testimony. insert ‘‘$79,625,000 shall be for discretionary kind of compensation, but as of this I inquire of the chairman of the sub- minute, the safety of the people is the grants under the Edward Byrne Memorial committee, the manager of this impor- State and Local Law Enforcement Assist- supreme law—salus populi suprema lex tant appropriations bill, whether it is ance Programs, including $1,500,000 for the esto. The Senator from New Hampshire his intent and understanding that Standing Against Global Exploitation will have to coach me on my Latin. He amounts provided for the Department (SAGE) Project, Inc.’’. has the Boston Latin school up there, of Justice in this appropriations bill On page 76, line 6, strike ‘‘$3,063,305,000’’ and they have the Charleston Latin are available for conducting this law- and insert ‘‘3,061,805,000’’. school that is not quite as keen. suit against the tobacco companies. On page 25, after line 21 insert the fol- In any event, it is the 12th Roman Mr. HOLLINGS. In response to the lowing: canon, the safety of the people to get (d) $200,000 for the Attorney General to distinguished Senator, there is nothing conduct a study and prepare a report to be on these airlines. Do not worry about specifically providing for funds. Actu- claims. Do not worry about compensa- submitted to the Subcommittee on Com- ally the bill itself is silent. merce, Justice and State Appropriation of tion. Worry about safety. Already one- Section 109, which was used by the the Senate and House of Representatives Ap- third of the air traveling public says previous administration to charge the propriations Committee on the response of they do not want to travel on a plane various other Departments of the Gov- local law enforcement agencies to emergency right now. ernment that would be compensated as calls involving domestic violence. One of the best things we can do is a result of a successful lawsuit, is still On page 115, after line 25, add the fol- have this quick hearing, establish a lowing: in existence and is available to the At- locked cabin door policy where the SEC. 623. Clause (ii) of section 621(5)(A) of cabin is not accessible, where you can- torney General. I have discussed that the Communications Satellite Act of 1962 (47 not make a domestic flight into a with the Attorney General myself. U.S.C. 763(5)(A)) is amended by striking ‘‘on There is a real difference with re- weapon of mass destruction, and get or about October 1, 2000,’’ and all that fol- spect to my colleagues on the other lows through the end and inserting ‘‘not along with those ways where we can do later than December 31, 2001, except that the the real job of the Senate. side of the aisle. As the Senator from Illinois knows, we have had a couple of Commission may extend this deadline to not As to compensation, we are going to later than June 30, 2003.’’. have to get to that later in hearings. I votes on this. In any event, we figured Mr. HOLLINGS. Mr. President, I urge do appreciate the Senator from Mis- the best way was to remain silent. But adoption of the amendment. souri raising this particular question I say affirmatively, section 109 and The PRESIDING OFFICER. Is there and the fact that he will set it aside what was available to the previous ad- now so that we can move on this bill ministration is available to this ad- further debate on the amendment? this afternoon. ministration to continue with the suit. If not, the question is on agreeing to I yield the floor. Mr. DURBIN. I thank the chairman amendment No. 1559. I suggest the absence of a quorum. on this important appropriations bill. The amendment (No. 1559) was agreed The PRESIDING OFFICER. The So there is nothing in this appropria- to. clerk will call the roll. tions bill which in any way inhibits the Mr. GREGG. I move to reconsider the The legislative clerk proceeded to vigorous pursuit of this lawsuit? vote. call the roll. Mr. HOLLINGS. There is nothing. Mr. HOLLINGS. I move to lay that Mr. DURBIN. Mr. President, I ask Mr. DURBIN. I thank the Senator motion on the table. unanimous consent the order for the and yield the floor and suggest the ab- The motion to lay on the table was quorum call be dispensed with. sence of a quorum. agreed to.

VerDate 31-AUG-2001 03:13 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.055 pfrm02 PsN: S13PT1 S9368 CONGRESSIONAL RECORD — SENATE September 13, 2001 Mr. HOLLINGS. I suggest the ab- all day long, in quorum calls most of Without objection, it is so ordered. sence of a quorum. the time. That is not appropriate. I Mr. HARKIN. Mr. President, I offer Mr. REID. Will the Senator withhold hope people will understand that cour- this amendment on behalf of myself and yield for a moment? tesy should be reciprocal. and Senator HATCH of Utah, and other Mr. HOLLINGS. Yes. Mr. HOLLINGS. I thank the distin- cosponsors are Senator REID and Sen- The PRESIDING OFFICER. The Sen- guished leader and suggest the absence ator LEAHY, chairman of the Judiciary ator from Nevada. of a quorum. Committee. Also, Senator HOLLINGS, Mr. REID. Mr. President, I say to the The PRESIDING OFFICER. The the chairman of the Commerce Com- two managers of the bill, I have been clerk will call the roll. mittee, and Senator FEINGOLD wanted instructed by the majority leader to in- The bill clerk proceeded to call the to be added as cosponsors. dicate that he has every desire and roll. The entire Nation has been shocked every intent to finish this bill tonight. Mr. HARKIN. Mr. President, I ask and dismayed at what transpired ear- Mr. HOLLINGS. We should finish it unanimous consent that the order for lier this week in New York and at the momentarily. I know of two amend- the quorum call be rescinded. Pentagon in Northern Virginia and in ments they tell us about, but they have The PRESIDING OFFICER. Without Pennsylvania. These were attacks on been telling us about them all after- objection, it is so ordered. the American values of liberty, diver- noon. I am ready to move to third read- AMENDMENT NO. 1560 sity, and tolerance; the terrorists hate ing. Mr. HARKIN. Mr. President, I send us for what we are and what we believe We will have a recorded vote. We will an amendment to the desk. in. As we mourn our dead and pursue pass this bill tonight. We are just The PRESIDING OFFICER. The the attackers, we must strive to pro- about through. That is why I sent up clerk will report. tect not only the American people, but the managers’ amendment. The bill clerk read as follows: also our American values. Mr. GREGG. If the Senator from Ne- The Senator from Iowa (Mr. HARKIN), for I am truly saddened when I hear of vada would yield on that point. himself, Mr. HATCH, and Mr. LEAHY, proposes malicious and sometimes criminal acts The PRESIDING OFFICER. The Sen- an amendment numbered 1560. that have been committed all around ator from Vermont is recognized. (Purpose: To express the sense of the Senate the country in the last couple of days Mr. GREGG. New Hampshire. regarding discrimination against Arab against Americans who may be from The PRESIDING OFFICER. Excuse Americans) me, New Hampshire. the Mideast, or whose ancestors may At the appropriate place, insert the fol- have been from the Mideast, who may Mr. GREGG. A wonderful State. lowing: Vermont is pretty, too. SEC. (a) The Senate finds that— be of Arabic dissent, or of the Islamic Mr. REID. We wish we had New (1) all Americans are united in con- faith—but who had nothing at all to do Hampshire’s water. demning, in the strongest possible terms, the with these attacks. Mr. GREGG. We would be happy to terrorists who planned and carried out the Arab Americans and American Mus- send you some. September 11, 2001 attacks against the lims have faced a terrible rash of hate The PRESIDING OFFICER. And United States as well as their sponsors, and crimes since Tuesday morning: in pursuing all of those responsible until Vermont’s ice cream. On Wednesday, police turned back 300 they are brought to justice and punished; people who tried to march on a mosque The Senator from New Hampshire. (2) the Arab American and American Mus- Mr. GREGG. The Republican leader lim communities, are a vital part of our na- in Bridgeview, IL, a southwest Chicago has also advised me he expects this bill tion; suburb, waving American flags and to be done tonight. So we will stay (3) the prayer of Cardinal Theodore shouting ‘‘U.S.A., U.S.A.’’ here until we get a final vote on it. We McCarrick, the Archbishop of Washington in I would like to read a quote from are down to, I guess, two amendments a Mass on September 12, 2001 for our Nation Governor Ryan of Illinois, who said: —potentially two amendments from and the victims in the immediate aftermath The terrorists who committed these hor- our side of the aisle. It would be great of the terrorist hijackings and attacks in rible acts would like nothing better than to New York City, Washington, D.C., and Penn- if we could get those wrapped up so we see us tear at the fiber of our democracy and sylvania reminds all Americans that ‘‘we to trample on the rights of other Americans. could close this bill up and get on to a must seek the guilty and not strike out supplemental which is very important. against the innocent or we become like them I think Governor Ryan had it right Mr. HOLLINGS. It isn’t the case, Mr. who are without moral guidance or direc- when he was responding to those President, of us not being considerate, tion.’’; marching on this mosque in a suburb of deliberate, and patient. The two (4) the heads of state of several Arab and Chicago. amendments that could be—or one, predominantly Moslem countries have con- Up to six shots were fired at an Is- perhaps—that could be offered, they demned the terrorist attacks in the U.S. and lamic center in Irving, TX, a suburb of the senseless loss of innocent lives; and have been put on notice publicly here Dallas. (5) vengeful threats and incidents directed A Molotov cocktail was tossed at an twice by our distinguished leader, Sen- at law-abiding, patriotic Americans of Arab ator REID, myself, and others. And they descent and Islamic faith have already oc- Arab American community center in have been contacted. I hope they get to curred such as shots fired at an Islamic Cen- Chicago. this Chamber in the next few minutes ter and police having to turn back 300 people In Huntington, NY, a drunk 75-year- because we just can’t wait all after- who tried to march on a mosque. old man tried to run over an American noon and hear that they are getting to- (b) The Senate— Pakistani woman in a parking lot, then gether an amendment. This bill has (1) declares that in the quest to identify, followed her into a store and threat- bring to justice, and punish the perpetrators ened to kill her for ‘‘destroying my been under consideration for 2 days. and sponsors of the terrorist attacks on the Mr. REID. Will the Senator yield? country.’’ United States on September 11, 2001, that the Two bricks with notes were thrown Mr. HOLLINGS. Yes. civil rights and civil liberties of all Ameri- Mr. REID. I also say to my friend, in cans, including Arab-Americans and Amer- through the window of an Islamic relation to the procedure around here, ican Muslims, should be protected; and bookstore right here in Alexandria, a it is just out of the courtesy of the two (2) condemns any acts of violence or dis- suburb of Washington, DC. One note managers of this bill that you are not crimination against any Americans, includ- was addressed to ‘‘Arab murderers.’’ moving forward. ing Arab-Americans and American Muslims. The other opened with an obscenity Mr. HOLLINGS. Right. Mr. REID. Mr. President, I ask unan- and said, ‘‘You come to this country Mr. REID. The managers have every imous consent that a vote occur on and kill. You must die as well.’’ right within the rules of the Senate to this amendment at 5:20 and that there Members of the Islamic community now move to third reading, but they be no amendments allowed on the bill center in Sterling, VA, came to the have been very patient. I appreciate prior to the 5:20 vote, and the time be center in order to give blood for the that. I hope the people who are trying divided between Senators HATCH and victims of the terrorists acts. When to work out these amendments appre- HARKIN during the approximately 25 they arrived, they found their hallway ciate their patience. minutes. spray-painted with black letters, sev- But also, on the other hand, the two The PRESIDING OFFICER. Is there eral feet tall, saying, ‘‘Die, pigs,’’ and managers have been in this Chamber objection? ‘‘Muslims burn forever.’’ Other

VerDate 31-AUG-2001 03:13 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.057 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9369 mosques and community centers have Those who are using the Islamic faith ican and Muslim communities of our been vandalized, splattered with blood, as some justification for the wholesale country. These people, in the finest and received hate messages, and more. killing of innocent people are simply tradition of the immigrant contribu- These acts are attacks both on Amer- trying to cloak their murderous activi- tion to the American tapestry, have icans and on our American values of ties with the cloak of religion and the made and are making contributions in liberty, diversity, and tolerance. They Islamic faith. their communities and to our country. are acts of hate, as Governor Ryan The Islamic faith is a religion of We all know how important it is for said, that tear at the fabric of Amer- compassion and mercy, of tolerance us to stand together against tyranny ican society. We cannot accept them or and justice, and we should not let those and prejudice. We all know that it is let them go unanswered. terrorists, those who kill innocent peo- important for the Members of the Sen- It is especially ironic that these acts ple, try to make the Islamic faith into ate to be on record against these type of hate have occurred despite strong something it is not. of prejudicial activities. Arab, Arab American, and American This amendment that Senator HATCH We oppose terrorists, not ethnic Muslim support for our country in the and I and others have sent to the desk groups. We oppose the people who have wake of the terrorist acts. Heads of expresses the sense of the Senate con- done these horrendous, horrific acts, state in Saudi Arabia, Egypt, Jordan, demning the vicious backlash against not U.S. citizens who are devoted to Kuwait, Pakistan, and other predomi- our Arab Americans and American our country and who are just as horri- nantly Muslim countries have strongly Muslims. The resolution also affirms fied as any and all other Americans. condemned the terrorist attacks and the important role that American Mus- We are going to do something about the senseless loss of innocent lives. lims have played in America and in our these terrorists. I believe that soon we American Muslims have lined up to world culture, and affirms the Amer- will have sufficient identifications to give blood for those injured in the at- ican values of religious freedom, rule of be able to take very strong action tacks, waiting in line for hours, along law, and civil rights. against those who have committed I hope this will be adopted unani- with so many other Americans. They these atrocities and against those who mously as a strong statement of our are as saddened, sickened, and out- are harboring those who commit these enduring support for our constitutional raged at what happened as other Amer- types of atrocities. And the whole framework of tolerance, civil rights, icans. world, I believe, will be with us. human rights, and diversity. It would be a tragedy if we as Ameri- The terrorist attacks were heinous In this time of national trial, we cans commit acts of discrimination crimes, and we will bring to justice and must come together with resolution, and violence against fellow Americans punish their perpetrators and those determination, and unity. We cannot who may hold beliefs that are different who aided or harbored them. But we afford hate, divisiveness, or prejudice, from other fellow Americans or who must make sure that when we train our or we become like the terrorists. sights on the enemy, we do not harm I urge all my colleagues, I urge all may be ethnically different from other innocent people in the crossfire. Again, Americans to celebrate our diversity, Americans. It would be a tragedy if we I quote from Cardinal McCarrick, the to reaffirm the contributions and civil allow this to continue. It is important Archbishop of Washington, speaking at liberties of all Americans, including for all of us to embrace each other, to a mass on Tuesday: Arab Americans and American Mus- stand together against tyranny, to We must resist the temptation to strike lims. stand together against terrorism out in vengeance and revenge and, in a spe- Mr. President, I yield the floor. throughout this world, and some of the cial way, not to label any ethnic group or The PRESIDING OFFICER (Mr. most vociferous antagonists of ter- community for this action, which certainly JOHNSON). The Senator from Utah. rorism are Arab Americans and mem- is just the work of a few madmen. We must Mr. HATCH. Mr. President, I com- bers of the Islamic faith. seek the guilty and not strike out against mend the distinguished Senator from I know that my fellow Americans are the innocent, or we become like them who all outraged at the events of last Tues- are without moral guide or direction. Iowa for his work on this amendment. I am very pleased to join with him in day. No one has an edge on outrage. No These outbursts of hate, this mis- this amendment. As a former chairman one, it seems to me, is more pure than placed blame and labeling of an entire of the Judiciary Committee and the anybody else when it comes to this. group, is not an inevitable response. current ranking member, I commend But it is simply unacceptable, immoral When 168 people died in the bombing of the good senator from Iowa for pre- and illegal to take it out on people who the Federal building in Oklahoma City paring an amendment that dem- are honorable, decent U.S. citizens or in 1995, some people immediately false- onstrates America’s inherent principles on people who support us throughout ly assumed that Islamic extremists had of justice and fairness for Americans of the rest of the world and especially in done it, and the same kind of van- all backgrounds. the Middle East as well. dalism and hate speech occurred. American values require that we I commend my colleague for his ini- Later, when we found out that the choose our enemies specifically and tiative. He is doing the Senate and the main perpetrator was Timothy never do so by ethnic or racial identi- country an important service. I con- McVeigh, nobody said all Christians ties. That is just the way our country sider it an honor to cosponsor this res- are to blame. is. Yet the incidents my distinguished olution with my dear friend, Senator Not all Christian churches were at- friend from Iowa has recounted, of HARKIN and I hope everybody will vote tacked. No acts of hate against Amer- which I am aware, really indicate there aye on this particular sense-of-the-Sen- ican Irish followed the bombing in are people out there who fail to recog- ate resolution. Oklahoma City. We brought the perpe- nize that there are wonderful Arab Mr. President, I yield my remaining trator to justice, but we did not attack Americans and people of the Islamic time to the distinguished Senator from others simply because they may have faith who are just as patriotic and just Pennsylvania. looked like, or belonged to the same as devoted to our country as anybody The PRESIDING OFFICER. The Sen- faith as, or had the same ethnic back- in this body, and there is little or no ator from Pennsylvania. ground as Timothy McVeigh. excuse for the kind of prejudice we Mr. SPECTER. Mr. President, I We should not paint with a broad have seen. thank my distinguished colleague from brush those who may look the same, or The purpose of this sense-of-the-Sen- Utah. I commend the Senator from have the same ethnic background or re- ate resolution is to have the Senate on Utah and the Senator from Iowa on ligion, as those who perpetrated these record to let people know that we do their comments that there should be a heinous acts on Tuesday. not believe in prejudicial activities clear-cut distinction between those In Arabic, Islam means peace, and in against any American citizen. All who are responsible for terrorism and the Koran it says: Americans should be free from dis- impugning any motives to any other Whoever kills a soul unjustly, it will be crimination, including Arab Americans Americans whatever may be their de- written in his book of deeds as though he and persons of the Islamic faith. scent. killed all humanity. We all know decent, dedicated and We are a nation of immigrants. My Chapter 5, verse 32 of the Koran. patriotic people among the Arab-Amer- parents were both immigrants. There

VerDate 31-AUG-2001 03:13 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.059 pfrm02 PsN: S13PT1 S9370 CONGRESSIONAL RECORD — SENATE September 13, 2001 are Native Americans, but by and large ed to extradite to the United States. ture of the amendment offered by the this is a country of immigrants and Again, an example of what might have distinguished Senator from Idaho, ethnicity. Making judgments about been handled by an international which limits any funding to the Pre- people should not be based on their de- criminal court. As to hijackers and ter- paratory Commission. My view is the scent. rorists, the thought then was that United States should participate in the When we talk about terrorism, we countries might cede custody of these Preparatory Commission in an effort to are talking about specific individuals individuals to an international crimi- try to establish jurisdiction, which who have committed specific acts sub- nal court, whereas they would not give makes sense and is consistent with our ject to proof and not anyone else. custody to the United States because principles. If we do participate in the I have sought recognition principally of national sovereignty and issues of Preparatory Commission, I am sure to have a discussion with my distin- ideology. Since the mid-1980s when a that we can affect the ultimate juris- guished colleague from Idaho about the lot of impetus was made for an inter- diction of the International Criminal International Criminal Court. There national criminal court, of which Sen- Court. If we participate, I have a sense was an amendment accepted by voice ator DODD and I were the principal co- that the United States will be able to vote earlier which prohibited the use of sponsors on resolutions—which I shall structure an international criminal any funds for the Preparatory Commis- not burden the RECORD with at this court targeted in a realistic way and sion of the International Criminal time because we are getting close to involving traditional criminal concepts Court. The matter will have to be re- the time of a vote—the International as opposed to governmental decisions. solved in conference. Court has turned in a very different There is a distinct possibly—again, not The House of Representatives has a way with the War Crimes Tribunal. a certainty, but a possibility—that the different provision, and I want to dis- The War Crimes Tribunal has been ef- International Criminal Court can be so cuss the matter briefly. I regret if I fective in bringing before it Milosevic structured. have caused any delay here. and others who were war criminals on I am concerned that an international Mr. HOLLINGS. If the distinguished charges of crimes against humanity, criminal court which does not have Senator will yield, the Senator from and there has also been a similar tri- input from the United States will come Iowa wants to ask for the yeas and bunal in Rwanda. into existence. Input from the U.S. nays on his amendment. Can we do There has arisen a very difficult issue could correct problems that may arise that? about the court asserting jurisdiction if the international criminal court Mr. SPECTER. The Senator from over U.S. military personnel and U.S. seeks to exercise jurisdiction over Iowa wants me to yield for that pur- citizens based on what are essentially Americans at a later date, even if we pose? governmental decisions. are not a member of the criminal Mr. HOLLINGS. And not lose the When I was in The Hague talking to court. floor. the War Crimes Tribunal prosecutor International criminal law has taken Mr. SPECTER. I do that for the Sen- Carla Del Ponte, I was surprised to a very expansive turn in modern times ator from Iowa. hear from her that she had given con- through efforts to prosecute people Mr. HARKIN. Mr. President, I ask for sideration to a possible indictment of such as former U.S. Secretary of State the yeas and nays. NATO Commander General Wesley Henry Kissinger and former Chilean The PRESIDING OFFICER. Without Clarke at the urging of Russia and President General Augusto Pinochet, objection, it is so ordered. Yugoslavia. Carla Del Ponte considered and with courts in other countries ex- ercising previously unheard of jurisdic- Is there a sufficient second? possible prosecution against General tion . There appears to be a sufficient sec- Clarke for targeting civilians or for ond. It is my hope that in conference we using unreasonable force because the can structure an arrangement where The yeas and nays were ordered. targeting of military installations re- Mr. HOLLINGS. I thank the distin- funding is not denied to the U.S. Gov- sulted in injury to civilians. ernment so that it can participate in guished Senator. It seemed to me, and I said this to the Preparatory Commission. U.S. par- Mr. SPECTER. I was about to say I Carla Del Ponte, that such authority ticipation in this commission would regret if I have caused any delay, al- given to the prosecutor of the War allow this country to work out these though I do not know that I have. I was Crimes Tribunal, or the prosecutor of issues so that American citizens and in the Chamber about 2:25 p.m. to con- an international criminal court, goes duct the business I had, and other mat- citizens of other countries will not be too far. Having had substantial experi- subject to runaway jurisdiction, and so ters were being attended to on the floor ence as a district attorney, it should be at that time, and then the President that we will not have Secretary Kis- determined whether indictment is singer subject to prosecution again. asked the Members whose States were going to be a fact question or a ques- General Pinochet of Chile is another involved in the recent terrorist attack tion of discretion on the part of the matter, but I would rather be inside to come to the White House, and I prosecutor. This should be considered the tent than outside it when trying to came back from there as soon as I when indicting someone of the stand- deal with these issues. could. ing of General Clarke, who is carrying I yield to my distinguished colleague To the point on the International out governmental decisions by NATO. I from Idaho. Criminal Court, I was a sponsor in the thought his indictment hardly fit what Mr. CRAIG. I thank the Senator from early 1980s of an international criminal was conceived generally to be the juris- Pennsylvania for yielding. I must say, court. At that time the thought was diction of an international criminal in all respect to him, I have always ap- that the court would be directed to court. preciated the Senator’s legal mind and acts of terrorism, kidnapping, and hi- It is my judgment the United States the way he works through very dif- jacking, as well as drug dealing, when cannot be a party to an international ficult processes, and it does not differ the world was faced with these enor- criminal court which would consider an here. mous problems which could not be indictment illustratively of General He and I are extremely concerned dealt with on the national level. We Wesley Clarke. If the President takes about the very broad authority that had at that time, in the early to mid- action against terrorists under a reso- appears to be given to a new court if it 1980s and beyond, drug dealers oper- lution authorized by the U.S. Congress, becomes ratified. That is why early ating out of Colombia where we could who knows if that governmental deci- this week I moved to deny our partici- not secure their extradition. sion is going to be subject to a prosecu- pation in it. The thought then was that the drug tor’s judgment? That action would be It is arguable, by those to whom I dealers might be turned over to an outside of the range of what is consid- have listened, that even a preparatory international criminal court, but not ered a criminal act or what is consid- commission’s involvement is not going to the United States, for prosecution. ered traditionally, as a crime against to allow us to change the jurisdiction There was a riot outside the U.S. Em- humanity. as prescribed by the Rome treaty. The bassy in Honduras involving some indi- All of this brings me to a concern Senator has every right to be con- viduals whom the United States want- that I have about the prohibitory na- cerned about this broadened authority

VerDate 31-AUG-2001 03:13 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.062 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9371 and efforts internationally to go after Durbin Johnson Reid So I ask the Senator, what would Edwards Kennedy Roberts some of our officials for their respon- Ensign Kerry Rockefeller prevent us from going to third reading sible actions based on our public pol- Enzi Kohl Santorum at this point? icy. Feingold Kyl Sarbanes Mr. HOLLINGS. It would be the will The issue is that 30-some-odd nations Feinstein Landrieu Schumer of the Senate whether they want to Fitzgerald Leahy Sessions have already ratified it. It takes 60 Frist Levin Shelby continue or not. It would be an up-or- with or without our approval. It could Graham Lieberman Smith (NH) down vote. It would not be a unani- become an operative court. It has an Gramm Lincoln Smith (OR) mous consent. Grassley Lott Snowe Mr. DORGAN. If I might inquire fur- independent prosecutor who legiti- Gregg Lugar Specter mately, by its actions, could go after Hagel McCain Stabenow ther, obviously no one wants to short- anyone 18 years of age or older any- Harkin McConnell Stevens change the opportunity of any Senator where in the world. In other words, our Hatch Mikulski Thomas to offer any amendment at any point. Helms Miller Thompson sovereignty, our ability to protect our Hollings Murkowski Thurmond Mr. HOLLINGS. Right. citizens, might only rest within our Hutchinson Murray Torricelli Mr. DORGAN. But there comes a borders. It was not long ago that Henry Hutchison Nelson (FL) Warner time, it seems to me, that when, if you Inhofe Nelson (NE) Wellstone have an amendment, you have a re- Kissinger was in France and our Sec- Inouye Nickles Wyden retary of State had to intervene to pro- Jeffords Reed sponsibility to come and offer it, and tect him because a French judge was let the Senate decide. NOT VOTING—2 after him, trying to arrest him. This If there are those who have amend- happened less than a few months ago. Dodd Voinovich ments, I hope they will come to this I think the Senator is right to be The amendment (No. 1560) was agreed Chamber. I know the Senator from concerned at a time when our Presi- to. South Carolina and the Senator from dent is rallying internationally a coali- Mr. HOLLINGS. Mr. President, we New Hampshire have been in this tion of nations to develop a strategy to have been very patient and very under- Chamber, literally begging for people go after international terrorism, that standing. I am ready for the amend- to come and get these amendments to somewhere down the road that Presi- ment or amendments that the distin- the floor. dent might be held accountable by an guished Senator from Arizona has. But Mr. HOLLINGS. And on this par- international body, even though he had it has to be forthcoming or we will just ticular amendment, my understanding the express permission of this Nation move to third reading. If they don’t is that there are serious misgivings and our people to protect this Nation want a vote for third reading, then we about it because, No. 1, it is authoriza- and our people, and would choose to do will move on to something else. tion, a tremendous authorization bill so in an extraterritorial way. This situation has really gotten to- affecting the intelligence activities and Those are very legitimate concerns. I tally out of hand with respect to the the different departments and the dif- do not know that our presence at the system for bills being considered on the ferent committees involved there. And table can make the difference because floor of the Senate. That is the work of the committee chairman, I understand, it is my understanding we cannot the Senate. That is front and center. would oppose it. I know two or three change the basic premise or the intent From time to time there are amend- Senators who say they are going to op- of the Rome Treaty. ments, and they are held up. It takes pose any amendment that involves leg- I told my colleague from Pennsyl- actually less time to work them out. islation on an appropriations bill. vania that I will work with him in con- So I am not all antsy that we have to So I am saying this publicly so no ference. Clearly, this has to be defined be moving and voting every second. In one will think that I am presumptuous in a way that does not allow an arbi- fact, that is what we have been doing or traumatic in any sense that I just trary approach. I am concerned our all afternoon. We have had a good cut somebody off. They are just cutting presence at the Preparatory Commis- afternoon working them out. off the real work of the Senate because everybody is ready to vote on final pas- sion in some way gives to the world an But the Senator from Arizona has sage of this measure. idea that we might be subliminally en- been put on notice. I understand that I see the distinguished chairman of dorsing this concept. It must be clear he is still trying to reconcile an the Judiciary Committee is in the we do not. amendment that some would agree to Chamber. Maybe he can enlighten us as The PRESIDING OFFICER. All time and then some would not agree to; and to where we are headed and that we on the pending amendment has expired. others are saying: Look, wait a minute. should wait. I will, along with the The question is on agreeing to the This is authorization on an appropria- chairman of the Judiciary. amendment. The yeas and nays have tions bill; it covers the jurisdiction of Mr. DORGAN. One final point, if I been ordered. The clerk will call the several committees; it deserves to be might, if the Senator from South Caro- roll. heard before voted upon. lina will yield. The legislative clerk called the roll. I do not know that the point of order I would encourage the Senator to Mr. REID. I announce that the Sen- would be made of legislation on an ap- consider going to third reading on this ator from Connecticut (Mr. DODD) is propriations bill. But I say this pub- bill, or at some point there needs to necessarily absent. licly so everybody is on notice. I do not come a time when the Senate says it is Mr. NICKLES. I announce that the want to say that we just abruptly time to go to third reading if people Senator from Ohio (Mr. VOINOVICH) is moved for it. I do not have to get third are not going to be here to offer necessarily absent. reading. I have other work to do. amendments. The PRESIDING OFFICER (Mr. I yield to the distinguished Senator. Mr. HOLLINGS. The distinguished REED). Are there any other Senators in Mr. DORGAN. Mr. President, I won- Senator from Vermont, Mr. President, the Chamber desiring to vote? der if the Senator from South Carolina has been waiting patiently for 5 or 10 The result was announced—yeas 98, would yield for a question. minutes to speak as in morning busi- nays 0, as follows: Mr. HOLLINGS. I am delighted to ness. And then we will come back on to [Rollcall Vote No. 278 Leg.] yield. this bill. So I ask unanimous consent YEAS—98 Mr. DORGAN. I share his sentiments that he be recognized for 10 minutes. Akaka Brownback Cochran in trying to move this bill and com- Mr. REID. Will the Senator yield for Allard Bunning Collins plete it. I wonder what would prevent a brief moment? Allen Burns Conrad us from going to third reading. Is there Mr. JEFFORDS. I am happy to yield. Baucus Byrd Corzine an objection to doing that? Bayh Campbell Craig Mr. REID. I say to my friend from Bennett Cantwell Crapo Frankly, when a bill has been on the South Carolina and my friend from Biden Carnahan Daschle floor a long period of time, and people New Hampshire, there are negotiations Bingaman Carper Dayton are on notice, it seems to me they have going on in the hall now. I have been Bond Chafee DeWine Boxer Cleland Domenici some responsibility to be here to offer told that within less than 10 minutes Breaux Clinton Dorgan amendments. they will come in and report to the two

VerDate 31-AUG-2001 03:13 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.064 pfrm02 PsN: S13PT1 S9372 CONGRESSIONAL RECORD — SENATE September 13, 2001 managers of the bill as to what last pending amendment. We are also will be in order. Senators will kindly progress has been made. They feel con- even more concerned that the Govern- take their conversations off the floor. fident they will have something to ment have the right tools to hunt down The Senator from Utah. offer. So we shall see. and find the cowardly terrorists who Mr. HATCH. It takes care of those Mr. HOLLINGS. Good. wreaked such havoc 2 days ago. For criminal activities, mail fraud, wire The PRESIDING OFFICER. Without this reason, I believe it is important to fraud, and the interstate transpor- objection, it is so ordered. make available important tools to tation of stolen property, however the The Senator from Vermont is recog- those investigating this and related Federal terrorism statutes are not cur- nized. matters. This amendment, in my opin- rently included in Title III. As a result, (The remarks of Mr. JEFFORDS are ion, is critical and should pass this Federal investigators are often ham- printed in today’s RECORD under evening. pered in the use of this powerful tool ‘‘Morning Business.’’) I have been working with my col- when investigating terrorist incidents. MODIFICATION TO AMENDMENT NO. 1559 leagues, Senators FEINSTEIN, KYL, and We have to remedy that, and we should The PRESIDING OFFICER. The Sen- SCHUMER, on a package of reforms that not let a day go by without remedying ator from South Carolina. can aid these investigations. I will it. We should not let some of the petty Mr. HOLLINGS. Mr. President, I send highlight a few of the provisions to this aspects of this body stand in the way, a technical amendment to modify bill. not passing this type of legislation As the tragic events of this week amendment No. 1559 to the desk. right now when it is really needed, on have shown, one of the most essential The PRESIDING OFFICER. Without the day that, for the first time in my 25 tasks our Federal Government faces in objection, the amendment is to be so years, a vote was interrupted by a the post-cold-war era is that of pro- modified. bomb threat and we all had to move tecting our Nation and our citizens The modification is as follows: outside. from the unprovoked acts of terrorism. On page 24, line 19, strike ‘‘$83,125,000’’ and It is time to start fixing these laws. In the aftermath of Tuesday’s dev- We can play around with commissions. insert ‘‘$84,625,000’’. astating attacks on the World Trade On page 24, line 21, before the ‘‘;’’, insert We can play around with task forces. the following: ‘‘, of which $1,500,000 shall be Center and the Pentagon, we, as law- We can do a lot of other things, but I for the Standing Against Global Exploitation makers, must take every step possible would like to fix it now. (SAGE) Project, Inc.’’. to ensure, in addition to adequate fi- At this juncture of our history it is Mr. HOLLINGS. I thank the distin- nancial resources, that the law enforce- essential that we give our law enforce- guished Chair. I suggest the absence of ment community has the proper inves- ment authorities every possible tool to a quorum. tigative tools at its disposal to track search out and bring to justice those The PRESIDING OFFICER. The down the participants in this evil con- individuals who have brought such in- clerk will call the roll. spiracy and to bring them to justice. discriminate death into our backyard. One of the most effective investiga- The legislative clerk proceeded to However, we must also be careful that tive tools at the disposal of law en- call the roll. in our quest for vengeance we do not forcement agencies is the ability to go Mr. REID. I ask unanimous consent trample those very liberties which sep- to a Federal judge and get wiretapping that the order for the quorum call be arate us as a society from those who authority. It is critical in matters such rescinded. want to destroy us. as this. That is the ability to intercept The PRESIDING OFFICER (Mr. DAY- We are fortunate that we already oral or electronic conversations involv- TON). Without objection, it is so or- have in Title III a legislative scheme ing the subject of a criminal investiga- dered. that balances these conflicting inter- tion. The legislative scheme that pro- Mr. REID. Mr. President, the Senator ests. We must not be hesitant to bring vides this authority, and at the same from Utah is going to offer an amend- this very important tool—the wire- time protects the individual liberties ment on his behalf and others’. I ask tapping statute—to bear on the terror- of American citizens to be secure unanimous consent this amendment be ists who threaten our national secu- against unwarranted government sur- rity. That is one of the things this the only first-degree amendment in veillance, is referred to in the criminal amendment will do, and in my opinion order to this bill, of course, with appro- code as Title III. Among the many pro- one of the most important things that priate second-degree amendments. tections inherent in Title III is that this amendment will do. But it is not The PRESIDING OFFICER. Without only the investigations of certain all this amendment will do. objection, it is so ordered. criminal offenses, those judged to be Second, cybercrime is one of the fast- AMENDMENT NO. 1562 sufficiently serious to warrant the use est growing areas of criminal activi- (Purpose: To enhance the capability of the of this potent crime-fighting weapon, ties. Terrorists, criminals, and hostile United States to deter, prevent, and thwart are eligible for wiretapping orders. The governments are using computers as domestic and international acts of ter- law lays out a number of crimes rorism against United States nationals and tools to perpetrate crimes, and are tar- deemed by Congress to be serious interests) enough to warrant allowing the FBI to geting computer networks to per- Mr. HATCH. I send an amendment to intercept electronic and oral commu- petrate acts of terror that, until this the desk on behalf of Senators. nications. week, would have been unimaginable The PRESIDING OFFICER. The Title III currently allows intercep- on American soil. Millions of dollars clerk will report. tion of communications in connection are lost annually as a direct result of The assistant legislative clerk read with the investigation of such crimes this criminal behavior, and it is no as follows: as mail fraud, wire fraud, and the longer a fantasy that thousands of The Senator from Utah [Mr. HATCH], for interstate transportation of stolen lives could be lost in future terrorist Mrs. FEINSTEIN, for herself, Mr. HATCH, and property. incidents. Mr. KYL, proposes an amendment numbered Inexplicably, however, the Federal The FBI is devoting an increasing 1562. terrorism statutes are not currently share of its resources to combat Mr. HATCH. I ask unanimous consent included in Title III. I have been com- cybercrime. It is up to us as lawmakers reading of the amendment be dispensed plaining about this for a long time and to ensure that, in additional to ade- with. this is the time to correct it. quate resources, the FBI has the proper The PRESIDING OFFICER. Without Let me repeat that. Title III cur- tools at its disposal to meet this new objection, it is so ordered. rently allows interceptions of commu- challenge. (The text of the amendment is print- nications in connection with the inves- Title III allows the Department of ed in today’s RECORD under ‘‘Amend- tigation of such crimes as mail fraud, Justice to go to a Federal judge and ments Submitted and Proposed.’’) wire fraud, and the interstate transpor- get authority to intercept oral or elec- Mr. HATCH. Mr. President, we are all tation of stolen property—important tronic conversations in connection interested in moving forward to sup- issues. with the investigation of criminal ac- port this funding bill, and we broke The PRESIDING OFFICER. The Sen- tivity. The law lists a number of through the barrier where this is the ator will please suspend. The Senate crimes deemed by Congress as serious

VerDate 31-AUG-2001 03:13 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.067 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9373 enough to warrant allowing the FBI to Let me be very clear about the intent FBI and other U.S. Government offi- intercept communications. Because of this legislation. This country has cials all imploring us to do some things cybercrime is a relatively recent devel- just suffered the worst terrorist attack to help in this battle against terrorism. opment, the Federal cybercrime stat- in its history. All of us are focused on We took a run at some of these things. ute is not currently included in Title the victims. We are focused on the ter- In fact, we incorporated some of the III. As a result, Federal investigators rible devastation and the individual provisions of these commission rec- could not use this powerful tool when lives impacted. But, as policymakers, ommendations in the bill that passed investigating cybercrime offenses. we have also been asked some hard the Senate a year and a half ago. Tuesday’s despicable attack on the questions by our constituents and It is hard to put a percentage on it, World Trade Center and the Pentagon those questions include things such as: but maybe half of the amendment be- must serve as a wake-up call that we Why can’t our Government do some- fore us tonight embodies those same are vulnerable to attack in ways we thing about these horrible crimes? As recommendations. So we have already have never imagined. A computer- policymakers, we have to respond to voted on half of the things that are in based attack on our criminal justice that. We have such an opportunity. I this amendment. Some of the others infrastructure remains a very real pos- use that word advisedly because in the have come later. sibility. I urge all my colleagues to circumstances that put us where we The point is that we dealt with these agree to this amendment to provide are today, that word seems hardly ap- issues. There has been legislation deal- our law enforcement authorities with propriate. But we do have an oppor- ing with these issues. There have been the tools they need to effectively com- tunity, given the fact we are here doing numerous hearings about these issues. bat this growing menace to the secu- business on behalf of the American peo- They were in effect lying on the table rity of our society. ple, and that part of that business is waiting for us to deal with them. Un- There are other important tools this the bill that relates to the jurisdiction fortunately, it is the case that even amendment will provide, tools that of the Justice Department, the funding though from time to time we have put those investigating the terrorist acts for that Justice Department, and the some of these ideas out, there has al- committed earlier this week will be fact that the bill before us, in fact, ways been a reason not to do it, to able to use to prevent terrorist acts in even includes some revisions in the law wait, to defer, to hold off on that, and the future. We put up with an awful lot with respect to the authority to deal that we will have a comprehensive look of mistaken arguments around here with terrorism. It sets up a special new at this or whatever it might be. We throughout all these years that made office in the Attorney General’s office, have to set our priorities around here. it very difficult to put human intel- a Deputy Assistant Attorney General, But those of us who sit on the ter- ligence to work in the interests of the to deal specifically with terrorism, and rorism committee—the Intelligence protection of our people, and it is inex- in other ways deals with terrorism. Committee and other committees of ju- cusable, under these circumstances, to Therefore, there is an ability for us risdiction—have become increasingly allow that to continue. restless because we keep getting As you know, in some cases, when today to focus on some additional im- provements that can be made in our briefed on the potential for terrorist dealing with human intelligence assets, threats, and we keep imploring our col- sometimes you have to deal with unsa- law to deal with terrorism. I hasten to say that this is not ‘‘the leagues to please let us act on these vory characters because they are the things. only ones who can get inside and help answer’’ to the problem of terrorism. In the first place, I do not think there Finally, we have an event that is so us know the motivations of some of the horrendous and so deplorable that all people who are about to do terrorist is a silver bullet. There is no single an- swer. We already know that there are a of America is asking us to declare war acts. It is pretty pathetic that we can- on terrorism. Indeed, that should be not get our law enforcement people the whole lot of things we are going to have to do to improve our ability to de- our attitude, in effect. So we are now ability to get wiretap authority faced with a challenge from our con- against terrorists because they are not tect it, to predict it, to stop it, and to enforce whatever action is appropriate stituents, and they are absolutely included in title III, unless there is right. What are you going to do about some underlying criminal reason for after the fact. I am sure we will be creating com- it? Of course, the first question they doing so. We have to stop that. If we have been asking us is, What have you wait any longer, it seems to me, it is a missions and we will be passing legisla- been doing about it? My answer is big, big mistake, with the way people tion. In fact, we are going to be passing there are a whole lot of things you are are afraid in this country, with what an appropriations bill to begin to fund going to see us doing that we need to happened this week, and with the some of the cleanup of this in the very do. threats that continue to surround us near future, I hope. There are a lot of things that we We can start tonight with a few sub- throughout the world. stantive changes in the law that will I have a lot more to say on this, but have to do. One set of things experts in make an impact on our ability to fight I think, if I can, I would like to yield terrorism have been telling us for a these crimes of terrorism. Some of this the floor to my colleague from Arizona, long time and the Director of the FBI if he cares to take the floor, and he can has been telling us has to do with a few bill calls for analysis and reports about talk about further aspects of this bill. changes in the law that make it easier some additional things that we might The PRESIDING OFFICER. The Sen- for our law enforcement people to do want to do. It will give us the factual ator from Arizona. their job. basis for acting in the future. Some of Mr. KYL. Mr. President, it is my in- I have a copy of just one of the three the provisions are actual operative pro- tention to be very brief, unless there is major commissions that have reported visions that will take effect the minute some objection to what we are doing, on terrorism. This is a report called the President signs the bill to begin to because I think all of us would like to ‘‘Countering the Changing Threat of give our law enforcement and intel- get on with the adoption of this piece International Terrorism,’’ a report ligence agencies the tools they need to of legislation so we can conclude work from the National Commission on Ter- better fight these kinds of crimes. on this bill. But just to ensure there is rorism. This was chaired by former The former chairman of the Judici- an adequate description of it, I would Ambassador Bremer and Maurice ary Committee has just talked about a like to take a minute. Sonnenberg, both of whom testified be- couple of these provisions—the so- I also ask unanimous consent that fore the Terrorism Subcommittee of called ‘‘predicate crime provisions.’’ It Senators DEWINE, SESSIONS, and the Judiciary Committee, which I is incredible our law enforcement agen- THOMPSON be added as original cospon- chaired at the time. In fact, all of these cies have to begin investigating crimes sors. commission reports have been the sub- of terrorism under the auspices of look- The PRESIDING OFFICER. Without ject of hearings before our sub- ing into other crimes. Maybe there is objection, it is so ordered. committee, as well as numerous other computer fraud or credit card fraud Mr. KYL. I believe Senator SCHUMER hearings dealing with the subject. and we will use that as we look to in- will have some things to say in a mo- In addition to that, we have had a lot vestigate crimes which are really ment. He may ask as well to be added. of testimony from the Director of the crimes of terrorism. With this, we call

VerDate 31-AUG-2001 03:13 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.072 pfrm02 PsN: S13PT1 S9374 CONGRESSIONAL RECORD — SENATE September 13, 2001 a spade a spade, and say we are inves- As the distinguished chairman simply says if they believe particular tigating terrorism. That is what we ex- knows, our ability to collect informa- people would be useful in gathering in- pect is the case. That gives us the legal tion on these groups is very limited. telligence against terrorist organiza- authority to go to the judge and get Almost everybody in the community tions—it is specifically limited to the warrant or authority to move for- talks about the need for better human that—then they may recruit those peo- ward. intelligence. Unless we are able to re- ple even though there might be some- In addition, we have an odd thing cruit the kind of people who could pro- thing in their background that sug- which crept into our policy that we vide that intelligence, it is going to be gests they have a checkered past. change. It made sense when it was ap- pretty difficult for us to get it. If we cannot use informants against plied to other governments. We said we Mr. LEAHY. Mr. President, the Sen- terrorist organizations, which by defi- are not going to recruit people to spy ator has the right to make his whole nition means there are no good actors, on other governments guilty of crimes argument, and I don’t want to interfere then we start this war with one hand or human rights abuses. That is a pol- with that. Unfortunately, because this tied behind our back. icy. I don’t think we were thinking is something that we have had no hear- There are a lot of other changes that about terrorism because it is pretty ings on, we haven’t had the discussions we make in this amendment. Let me hard to infiltrate a terrorist organiza- in the appropriate committees—Intel- just illustrate the nature of the things tion with a Boy Scout. They sort of ligence, Armed Services, and Judici- we do. I think almost all of them are show. What you need are people who ary—we are somewhat limited in oppo- going to be very uncontroversial. are accepted by these terrorist cells. sition. I will not cite numerous exam- We ask for a study on the role that Some of them are undoubtedly going to ples of situations which I think would the National Guard could play in these have some things in their background make clear that we do not have the events. We say it is the sense of Congress of which ordinarily we would not ap- limitations. I know the concern the that we should commence a long-term prove. But it is the only way they are Senator from Arizona has. I don’t ques- research and development program to going to get into the terrorist cell. We tion his concerns. But in open session, address catastrophic terrorist attacks. provide that kind of recruitment can I am restrained from going into some Our intelligence folks really need to take place. of the very specific things where con- begin R&D into techniques for dealing Mr. LEAHY. Mr. President, will the cerns he raised have been responded to with things such as fiberoptic cable. It Senator yield for a question? in the law by our country. I will not. Mr. KYL. Yes. I am happy to yield to is very difficult to intercept commu- But that is why I would suggest some- the chairman. nications. With things such as Mr. LEAHY. Mr. President, does the thing like this to the Armed Services encryption, it is very difficult to hear Senator understand that intelligence Committee which has the ability to go what people are really saying. Times agencies today are unable to buy infor- easily into closed session, and often are a changing. We need to be able to mation—just to use that as example— does. It would be able to look at it and develop the techniques to meet these from someone who might be part of a make a recommendation to the Senate. new challenges. This simply expresses terrorist organization? Our committee would be able to the sense of the Senate that we should Mr. KYL. If I could respond, that is make a recommendation to the Senate, get on with that. not the issue we are addressing here— which can be done relatively quickly, There is a section in this amendment the purchasing of information. What and the Intelligence Committee. that permits disclosure by law enforce- we are addressing is the recruitment of I would feel far more comfortable ment agencies of certain intelligence what the intelligence community calls voting on something like this if these obtained by the interception of com- ‘‘assets’’—people who would be useful various committees not only had a munications. We implement one of the in infiltrating an organization and get- chance to look at it but that President recommendations of the Bremer com- ting information out of that cell and Bush’s administration—the Attorney mission, which said there is a lot of il- sharing that information with us. General, the Director of CIA, the Sec- licit fundraising for terrorist organiza- Mr. LEAHY. Is the distinguished retary of Defense—would have the op- tions going on in the United States. We Senator from Arizona saying that we portunity to let us know their views on need to get a handle on that. So again, are unable to have what is called a re- it. I would feel far more comfortable we have the sense of the Senate in this tainer, or bribe, or anything else on a with that. I worry that we may run amendment that Congress needs to do regular basis and have somebody who into the situation where—all of us have that. It is not a significant operational is part of the terrorist organization be joined together in our horror at these provision. giving information to us? despicable, murderous acts in New We have a report required on controls Mr. KYL. This amendment doesn’t York and at the Pentagon—we do not on pathogens and equipment for the deal with any question of payment for want to change our laws so that it production of biological weapons. I agent services. I presume we could do comes back to bite us later on. think this is something everyone will that. This amendment doesn’t have Mr. KYL. I want to assure the distin- support. There has been a lot of testi- anything to do with that. The problem guished chairman that we are not mony on its need. that we have here is the former Direc- changing the law. This is simply a There is a provision that our law en- tor of the CIA created the policy be- guideline the previous CIA Director forcement people would like, which I cause of some things that occurred in felt was needed. We are not changing think is eminently reasonable, and our past—if we are going to recruit as- the law. We are not doing anything un- that is that they be reimbursed for the sets, people who would do work for us, toward or unconstitutional. cost of professional liability insurance. those people cannot have in their back- Our constituents are calling this a When we send them off to do certain ground human rights abuses. They can- war on terrorism. In wars, you don’t kinds of work and they may act in such not have that kind of background. fight by a Marquis of Queensberry a way that they are going to get sued, That is a principle policy if you are re- rules. The time to be overly punc- ordinarily the Government would be cruiting somebody to act against an- tilious about who you get to work with the party that is sued. But the Govern- other government. But when you are you to get information from the enemy ment is immune from suit, so the indi- trying to infiltrate a terrorist organi- ought to come to an end. vidual agents are sued. We would like zation, you are probably going to have I will assure the distinguished chair- to at least pay for part of their profes- to talk to people who themselves have man that we are assured that in the sional liability insurance when we have pretty checkered backgrounds. If you past this has not been too much of a asked them to go off and do something. could use those people—whatever their problem. But the problem is, our folks Then the final provision, other than motivation; maybe they do it for are a little reluctant to try to go re- the two Senator HATCH has already money, or for some other reason—but cruit people with the current limita- talked about, deals with authorities if they are willing to give you informa- tions in place because of the difficul- that the last Director of the FBI has tion based upon their ability to find ties that presents. implored our committee to give him out what a terrorist organization is All this does is to change a guide- for years. I will state the problem and doing, then it is very valuable. line—no legal statutory change—that then tell you what the solution to it is.

VerDate 31-AUG-2001 03:13 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.076 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9375 When you do a wiretap, it is fairly would be equally divided. We would what I said. I happen to be in favor of straightforward. You go to a court, get have a vote on this amendment some- people who are going to be out there an order based upon cause, and then time around 8:45. I ask unanimous con- for our country getting their insurance you tap into the phone line. But with sent if people would agree to that. paid for if they are in a situation where regard to computer attacks, whether it Mr. LEAHY. I reserve the right to ob- they do not come under the normal be a terrorist attack, all the way down ject; actually I will. provisions that insulate them from to a hacker—and even hackers can I say to my distinguished friend from suit. cause a lot of problems, but what you New Hampshire, I would be delighted I know millions of dollars were spent want to do, hopefully in real time, is to discuss that. I am still reading this by people from all the investigations trace the attack back to its source, so amendment. We have, for example, the that the Congress and others had you can stop it or you can prosecute requirement for full reimbursement. It against government employees, inves- the perpetrators. And if it is a terrorist sounds like a good idea for people who tigations that resulted in nothing in attack, you want to get to it imme- are—— the end, except for the millions of dol- diately. Mr. GREGG. I ask the Senator, is lars these people paid out of their own The problem is, these people are very there a time agreement the Senator pocket. Sure, I think they should have clever. Someone, let’s say in Afghani- would be comfortable with? insurance for that. I just ask the ques- stan, will electronically hook into Mr. LEAHY. I will be happy to dis- tion: How much? And will this money somebody in New Delhi. And then cuss it with him. I thought it might be come out of their other budget? If it is through that computer they hook into a little easier if I could get some of the going to be $200 million or $300 million, somebody at the University of Cali- questions I have answered. let’s have a line item for that. I will fornia in San Francisco. And through Mr. GREGG. I withdraw my request, vote for such a line item. that computer they hook into AT&T in then, and yield the floor. In here it says, on wiretapping, pen Chicago. And through that computer Mr. LEAHY. There is—— registers, trap and trace devices, if the they hook into the Pentagon. Mr. GREGG. The Senator might want court finds that a State investigator or It is well known that you can do this. to seek recognition. law enforcement officer—it could just It is not apparently that difficult to do. I yield the floor. be an investigator; I don’t know if this Unfortunately, under the law, when the Mr. LEAHY. I wonder if the pro- means a private investigator, a li- Pentagon starts getting hit, first you ponents of the legislation could tell censed PI—if they certify to the court get a court order in Virginia. Then you me, how much—I am not going to say that the information is relevant, if go to Illinois and you get a court order we should not do this, but we have pro- they just came in and said: Your there. Then you go to San Francisco fessional liability insurance, as it Honor, I certify this is going to be rel- and get a court order there. I don’t looks to me, for several thousands of evant; I am a State investigator; I am know what you do in New Delhi. But people. the deputy sheriff of East Washtub—I the bottom line is, we need to have one Do we have any idea how much that apologize to anybody if there is such a place where you go get your court would cost? Are we talking about $50 town, East Washtub. Let’s say I am a order, just like you do for a wiretap. million, $100 million, $200 million? Can deputy sheriff on weekends and a me- That is what the FBI Director, on nu- any of the proponents of the legislation chanic the rest of the time, and I cer- merous occasions, asked us to provide, tell me that? tify we need this, a State officer. Does the authority to be able to do that. I Let’s say it is $200 million. We will that mean a Federal judge is going to can quote you page after page of his just write that down. It is easy enough stop things and give them the order? testimony asking for this. I will not do to say $200 million. We have something I have worked with some very good that in the interest of time. that has been put together in the last deputy sheriffs in my time. I am not These are the kinds of things that few minutes. sure that even with the best—some of law enforcement has asked us for. This So we have a requirement, notwith- them were darned good when I was a combination is relatively modest in standing any other provision of law. In prosecutor—any of them are going to comparison with the kind of terrorist other words, notwithstanding whatever go into Federal court and say: I want attack we have just suffered. other limits are in here, we shall reim- to certify I need this wiretap or this Clearly, there are a whole range of burse for professional liability insur- pen register, trap and trace. actions that we are going to need to ance for what appears to be several I think we ought to at least know take, but the benefit of it is they have thousands of people. what that is, going into people’s com- all been the subject of hearings or re- Heck, I would like to add to that puters because the local investigator ports by these commissions. They are maybe we could all get ours paid for at says, ‘‘I want to.’’ I am not sure if the clearly the kinds of steps that we need the same time. I know mine costs sev- authorities, under normal going into to begin to take. And we can do that eral hundred dollars a year. court, asking for a court order, having tonight on a bill which clearly relates This might be a fine thing, but if we a hearing, can go into my computer; to the subject and at least begin the ask the CIA and the Justice Depart- that is one thing. But if somebody goes process of assuring the American peo- ment to do that, it has to come out of out there, for example, and sees me ple that we are doing what we can do their budget. They are all strapped for having target practice outside my to stop these horrible events. money to spend on fighting terrorism house—I have a pistol range out back The PRESIDING OFFICER. The Sen- and whatnot. Are they willing to take of my house—and they say: I wonder ator from New Hampshire. a $200 or $300 million cut from their how many guns he has; I want to go Mr. GREGG. Mr. President, I have budget? I just ask the question. I have into his computer to find out just in been consulting with the chairman of not heard an answer. case he has listed his ammunition pur- the committee, and we are hopeful to Mr. HATCH. If the Senator will chases. Should they be allowed to? I get a vote on this amendment and a yield? would think some of those who are con- vote on final passage. We do intend, ac- Mr. LEAHY. Of course. I yield with- cerned about the rights of gun owners cording to our leadership, to do that out losing my right to the floor. might be a little bit concerned about tonight. Mr. HATCH. I am not sure we know this provision. I am a gun owner. I am In the interest of time, I was won- the exact amount, but what justifica- concerned. dering if we could reach a time agree- tion is there for these heroic law en- Authority to do wiretaps. It says ment on this amendment. Obviously, forcement people who are doing the here that we will redesignate para- the proponents of the amendment have people’s business to have to pay for graph (p), as so redesignated by section just spoken, by my estimate, for about their own liability insurance in case 434(2) of the Antiterrorism and Effec- a half an hour. I was wondering if we they get sued by a voracious trial law- tive Death Penalty Act of 1996, Public could reach a time agreement where yer who would—— Law 104–132; 110 Stat. 1274, as para- anybody rising in opposition would be Mr. LEAHY. It seems to me the dis- graph (r); and (2) by inserting after able to claim a half an hour, and then tinguished Senator from Utah mis- paragraph (p) as so redesignated by sec- there would be a final 10 minutes which stated—and I assume by accident— tion 201(3) of the Illegal Immigration

VerDate 31-AUG-2001 04:35 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.078 pfrm02 PsN: S13PT1 S9376 CONGRESSIONAL RECORD — SENATE September 13, 2001 Reform and Immigrant Responsibility that nobody on the floor can explain, tice Department wants, and wants Act of 1996, division C of Public Law and say we are changing the duties of badly, so that they can do their job to 104–208; 110 Stat. 3009–565, the following the Attorney General, the Director of protect American citizens. new paragraph: the CIA, the U.S. attorneys, we are This National Commission on Ter- (q) any criminal violations of sections 2332, going to change your rights as Ameri- rorism says, just to go back to the 2332a, 2332b, 2332d, 2339A, or 2339B of this title cans, your rights to privacy? We are original point: (relating to terrorism).... going to do it with no hearings, no de- By recent statute, a Federal agency must Does anybody want to tell me what bate. We are going to do it with num- reimburse up to one-half of the cost of per- that means? I thought we were here to bers on a page that nobody can under- sonal liability insurance to law enforcement give help to our law enforcement and stand. officers and managers or supervisors. our antiterrorist authority to go after And by the way, we are going to tell Here is their recommendation, and it people. I thought we were here to try the people who are working around the is not a bunch of obfuscation; it is pret- to finish up a bill that the Senator clock today to stop that and give us re- ty darn straight: from South Carolina and the Senator ports within 2 months on all these Recommendation: Congress should amend from New Hampshire have worked on areas. By the way, we commend you for the statute to mandate full reimbursement very closely—and the Senator from the work you are doing, but set aside a of the cost of personal liability insurance for West Virginia and the Senator from few dozen people and the President to Federal Bureau of Investigation special Alaska—that would give money to our give us these certifications. Part of it agents and Central Intelligence Agency offi- law enforcement agencies so we could seems to me to ask the Attorney Gen- cers in the field who are combating ter- rorism. go ahead and work and try to get the eral to report back to us right away. money which the city of New York and We are asking the President to report As I understand it, CIA officers do the State of New York desperately back to us right away. have this. So it is not something that need after the horrific, murderous ter- Frankly, I think the Attorney Gen- hasn’t been considered or discussed by rorist acts in that city. I thought that eral and the President have their hands the top echelons of people who are was what we were here for. full right now. I commend them for knowledgeable about terrorism. I will not reread what I said, but to what they are working on. I have To get back to the provisions that we do something that nobody here on the talked with the Attorney General sev- are considering, a lot of people in this floor can understand or explain, includ- eral times over the last few days. He country don’t realize that you cannot ing the people who introduced the hasn’t told me that he needs this inves- tap the lines of the terrorists without amendment. tigation. He is pretty busy working on some predicate reason for doing so. Now maybe somewhere there is a what he is doing. And I say Attorney They are not in Title III of our code. press release in there. Why don’t we all General Ashcroft is doing a very good This corrects that. It doesn’t give law send out a press release, a generic one job. enforcement agents carte blanche to go that says we are against terrorists? No I have spoken to the Director of the out and do wiretaps. You still have to Member of the Senate is for terrorists. CIA. He has not requested that we sud- go to a judge. You still have to get the Why don’t we say we are against mur- denly turn the attention of the Senate requisite authority. You have to der? Of course we are. But then why to this legislation. I haven’t heard present persuasive evidence to a judge don’t we say what we are doing here? from the President that he wants to to obtain wire-tapping authority. We are going to amend our wiretap suddenly have them do a number of re- But this is a tool that absolutely has laws so we can look into anybody’s ports connected with this. Maybe it to be had now, not a month or two computers. would make a lot more sense if we gave from now. Let me go just a little bit If we are going to change all these the chairman, the vice chairman of the further. This statute does not change things, if we are going to direct the Di- Intelligence Committee, the chairman the standard for trap and trace. It only rector of the CIA and, in effect, direct and ranking member of the Armed adds emergency authority for the U.S. the President to change the rules of Services Committee, and the chairman attorney. All trap and trace applica- the CIA, something the President could and ranking member of Judiciary a tions are approved by a Federal judge. have them do just like that, if the chance to actually have the kind of You have to make your case before a President really wants to—if we are hearings necessary to know what we federal judge. It isn’t some wild-eyed going to do all that here, with no hear- are doing so that we do not get into breach of personal privacy. It gives us ing, what does this do to help the men some of the problems we got into in the some tools to go get the terrorists. and women who were injured or killed past. Local sheriffs cannot apply for trap in the Pentagon—and their families? If we are going to change habeas cor- and trace under these new provisions. What does this do to help the men and pus, change our rights as Americans, if Only U.S. attorneys can. I get a little women in New York and their families we are going to change search and sei- tired of that type of talk. I have heard and those children who were orphans in zure provisions, if we are going to give the suggestion that anybody can go in, an instant, a horrible instant? Hun- new rights for State investigators to and anytime some local sheriff wants dreds, perhaps thousands, of children come into Federal court to seek rem- to, he can tap a computer. That is un- became orphans instantaneously. What edies in the already overcrowded Fed- mitigated bull. does that do for them? eral courts, fine, the Senate can do Let’s talk about the computer situa- Somewhere we ought to ask our- that. But what have we done to stop tion. Currently, a judge’s order applies selves: Do we totally ignore the normal terrorism and to help the people in only in the jurisdiction where it is ways of doing business in the Senate? New York and the survivors at the Pen- issued. Typically, hackers go from If we do that, what is going to happen tagon? computer to computer, leaving a trail when we get down to the really dif- I yield the floor. that law enforcement has to follow. In- ficult questions? Mr. HATCH. Mr. President, I have vestigators must go from jurisdiction Maybe the Senate wants to just go heard a lot of talk here. But we are to jurisdiction obtaining a trap and ahead and adopt new abilities to wire- talking about giving the tools to law trace in every jurisdiction in order to tap our citizens. Maybe they want to enforcement that it needs to stop fur- follow a hacker’s trail. Let’s put it adopt new abilities to go into people’s ther terrorist acts in our society. You terms of a terrorist who happens to go computers. Maybe that will make us want the authority? I will tell you in all 50 States. That means that, in feel safer. Maybe. And maybe what the what the authority is right now. We order to investigate, law enforcement terrorists have done made us a little don’t need a lot of facts and statistics. has to go in every State in the Union bit less safe. Maybe they have in- This publication I hold in my hand is to a Federal judge and get authority to creased Big Brother in this country. ‘‘Countering the Changing Threat of do what ought to be done overnight in If that is what the Senate wants, we International Terrorism,’’ the report of front of a single federal judge. Under can vote for it. But do we really show the National Commission on Ter- the amendment we are proposing, it respect to the American people by slap- rorism. By the way, every one of these can be done overnight by going to a ping something together, something principles in this amendment, the Jus- single federal judge.

VerDate 31-AUG-2001 04:35 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.081 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9377 These are the kinds of things that trees to open up a development and law on that point. I want to be clear on bother me. This is what this amend- have sent e-mails to their friends about one point: We are not adding terrorism ment will do. this? Is that terrorist activity? It is to make sure we are covered. We are Mr. REID. Will the Senator yield for easy to define terrorism. applying these new standards to all a question? It says, however, if you come in from criminal activity, not just terrorism. Mr. HATCH. I will be happy to sit wherever and say you are the private Mr. HATCH. That is correct, but down soon because I know we are ready investigator hired by the contractor, keep in mind, our current laws are an- to vote soon. you say: Hey, I certify this, give me tiquated laws based upon telephones, The chairman of the Judiciary Com- the order, and you get it. Fine, if that where now we are in the area of mittee suggested that a prosecutor is what we want. I would be a little bit cyberterrorism, and we must upgrade could get a wiretap for anything they concerned about our own rights as the laws to take care of that. wanted under our amendment. With all Americans. Mr. LEVIN. I make one request of my due respect, under Title III, a pros- Mr. LEVIN. Mr. President, I have one good friend from Vermont, the chair- ecutor must still go to a judge, just as question I want to ask, perhaps, of my man, because he has raised some im- he or she would when investigating friend from Arizona. portant questions about making sure wire fraud or interstate transport of The PRESIDING OFFICER. The Sen- we take the time to know what we are stolen property. If this amendment is ator from Michigan. doing. We are not going to have that passed, the only change would be that Mr. LEVIN. I have not had a chance time tonight. That is obvious. I express a prosecutor could get wiretapping au- to read this language until tonight. I the hope, given the kind of points that thority with respect to a terrorism or guess that is part of the problem. It have been made here, that it would be cyberterrorism offense. also is clear this is going to be adopted. possible, before this comes back in the Is terrorism or cyberterrorism as im- I want to ask one question for the form of a conference report, for there portant as that? Will a judge apply a record. to be some review of some of these pro- different standard in issuing authority This amendment goes beyond visions by the Judiciary Committee. The PRESIDING OFFICER. The Sen- for those wiretaps? You and I know a changes in the wiretap law as it relates to terrorism; is that correct? The lan- ator from Vermont. Federal judge will not do that. I think Mr. LEAHY. Mr. President, we will the answer is obvious. Why should we guage is ‘‘any ongoing criminal inves- tigation.’’ try our best. We are, of course, under dither when we know that these tools the same limitation as everybody else will help? The FBI are the Justice De- Mr. HATCH. That is correct. Mr. LEVIN. So it is broader than ter- trying to get a lot of work done. I had partment strongly support for these planned in the next week or so to do a important reforms. Let us adopt them rorism. I am not debating merits plus or minus. I am trying to understand number of judicial hearings. I suppose now, and fight these problems now. We we can spend the time doing this. It are not altering the Constitution or what is in it since it came to me for the first time tonight. I want to be probably would make some sense. taking away the people’s rights. We are We do not define terrorism, but we helping to give the tools to our law en- very clear, at least the way I read this, that this is not something that is just say we are adding that. I guess some forcement community to stop ter- kid who is scaring you with his com- limited to counterterrorism, about rorism. We are helping law enforce- puter could be a terrorist and you which I think all of us would have a ment help us to be safe and to inves- could go through the kid’s house, his tigate the crimes like those committed passion. Mr. HATCH. Will the Senator yield? parents’ business or anything else this week. Mr. LEVIN. Yes. under this language; it is that broad. There is a lot more I could say. I un- Mr. HATCH. The wiretapping provi- Again, the Senate can vote for what- derstand we are ready to vote. I wanted sion is a broad investigational author- ever it wants. I certainly hope we to set the record clear. ity. It is not limited just to terrorism, would put in, and I will support the The PRESIDING OFFICER. The Sen- but, currently, terrorism is not in- money for the liability insurance. The problem, I suspect, is with several hun- ator from Vermont is recognized. cluded in that authority. It is one of Mr. LEAHY. Mr. President, I will re- dred million dollars. But if that is what the defects in our system. All we are spond only because my name was men- we want, we should do it. Let us make trying to do is get it included so we can tioned in this last debate and the im- sure we know. I will try to get the time find these people, and we can do it. plication was made as to what my posi- for people to work on this during the Even so, before being granted wire- tion was. Let me state my position to next couple of weeks to try to answer tapping authority, you have to make a be accurate on the RECORD. I read this the questions. case, before a Federal judge, that you to say: If the court finds that the State The Senator from Michigan asks a le- have probable cause to believe that the investigative or law enforcement offi- gitimate one. We will set aside vir- subject of the wire-tapping order has cer—obviously two entirely different tually everything else in the Judiciary committed a serious criminal offense. things—has certified to the court that Committee to get an answer. Had I or Mr. LEVIN. If my friend will yield our staff been asked about this, we the information likely to be obtained further, I understand we want to make by such installation used is relevant to probably could have had those answers, sure terrorism is included in our stat- but I saw it about 30 minutes ago, an ongoing criminal investigation, utes. they get the order. about the same time the Senator from Mr. HATCH. Right. Michigan did. That is what the amendment says. Mr. LEVIN. This amends, though, our You could have a State investigator, I tell my friend from New Hampshire statutes. I am not arguing the pros and who asked a question earlier, I have no not even a sworn police officer, come in cons. It amends not just terrorism, but and say: Your Honor, I certify that this objection to voting any time the Sen- it amends the wiretap law and all ator from New Hampshire desires to is relevant; give me the order. It seems criminal activity, including terrorism; vote. to me as though the judge has much is that correct? The PRESIDING OFFICER. The Sen- choice. We do it to fight terrorism on Mr. HATCH. It adds terrorism to ator from Nevada. computers. How is a terrorist defined? Title III. In addition, it upgrades wire- Mr. REID. Mr. President, we have We know what terrorism was at the tap laws to include computer ter- had a very good debate on this amend- trade towers. Is a terrorist somebody rorism, cyberterrorism, even right ment. We have had two people who feel who comes in and says: I want to come down to illegal hacking. very strongly about the issue explain in armed and make a statement, car- Mr. LEVIN. But it does not relate. very well their respective positions, rying a legally registered, licensed Mr. HATCH. Because those offenses and the chairman of the Judiciary weapon and make a statement: I should are not currently covered in Title III, Committee indicated he will hold fur- have an easier time to carry my guns? and we need to correct that defect or ther hearings on this. He is concerned Some people may feel terrorized. In my we cannot resolve these problems with about the way this amendment arrived. State, it would be routine. Is it ter- regard to terrorism. The fact is, a lot of times legislation, rorist activity if somebody blocks a Mr. LEVIN. I tend to agree with our as the Senator from Utah and the Sen- contractor who wants to tear down friends that we need to strengthen the ator from Vermont know better than I,

VerDate 31-AUG-2001 04:35 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.084 pfrm02 PsN: S13PT1 S9378 CONGRESSIONAL RECORD — SENATE September 13, 2001 they both having served here longer As we were putting together last Mr. STEVENS. I thank the gen- than I, sometimes ends up this way. year’s CJS appropriations bill, it be- tleman from Hawaii. He and my col- I hope we can get rid of this amend- came apparent to us that the FCC was leagues from Vermont and New Hamp- ment at the earliest possible date. It is not going to follow that statutory di- shire have correctly recited the legisla- my understanding the proponents of rective by acting on the license appli- tive history and I agree that the FCC the amendment have agreed to accept a cations. Accordingly, we inserted re- did not fully satisfy either the SHVIA voice vote. It is clear this amendment port language into the conference re- directive or the CJS clarifying direc- will be agreed to. When this bill goes to port reiterating and clarifying the tive. That said, I do want to commend conference, the two veteran legislators SHVIA directive. Specifically, we the FCC for advancing the ball forward, who are managing this bill will be able wrote that the FCC ‘‘shall take all ac- so to speak, by establishing a Multi- to deal with some of the problems that tions necessary to complete the proc- channel Video Distribution and Data have been raised tonight. essing of applications for licenses.’’ Service (MVDDS), after having con- Mr. HATCH. Will the Senator yield? I When the November 29, 2000, deadline cluded that it is technologically fea- ask unanimous consent that Senator was reached, however, the FCC did not sible for the terrestrial license appli- HELMS be added as a cosponsor of the fully satisfy the directive. cants to share spectrum with satellite amendment. I would ask my good friend from Ha- providers. The PRESIDING OFFICER. Without waii, who, as a senior member of the I would also remind my colleagues objection, it is so ordered. CJS Appropriations Subcommittee and that last year’s appropriations bill for The PRESIDING OFFICER. If there as the Chairman of the Commerce Sub- the FCC also required applicants who is no further debate on the amendment, committee on Communications, is applied to share spectrum with DBS the question is on agreeing to amend- uniquely qualified to share his exper- operators to show, through inde- ment No. 1562. tise on this FCC matter. pendent testing, that their terrestrial The amendment (No. 1562) was agreed Mr. INOUYE. I thank my friends systems can safely share spectrum to. from New Hampshire and Vermont for with satellites. It is my understanding Mr. HATCH. I move to reconsider the their interest in this issue. The sat- that only one applicant, Northpoint vote. Technology, submitted its trans- Mr. STEVENS. I move to lay that ellite ‘‘local-into-local’’ problem is in- mission equipment to the MITRE cor- motion on the table. deed a problem in our states, but we The motion to lay on the table was are far from alone. A new watchdog poration for the required independent agreed to. group, Equal Airwaves Right Now!, or test. The MITRE report confirmed the FCC’s earlier determination that ter- SATELLITE HOME VIEWER IMPROVEMENT ACT EARN, recently released a study which Mr. LEAHY. Mr. President, when projected that DBS carriers will not restrial-satellite spectrum sharing is Congress enacted the Satellite Home carry any local TV stations in 17 states feasible. The FCC’s comment period for the Viewer Improvement Act (SHVIA) in next January, when the must-carry ob- independent test was statutorily lim- 1999, I well remember, as ranking mem- ligation takes effect. Ten more states ited to 30 days. The opponents of this ber of the Judiciary Committee, that will find that less than a quarter of we amended the Copyright Act to au- their stations are carried by DBS. All new service could contest the findings thorize satellites to carry local chan- told, 80 percent of all television mar- forever, if we let them. We must insist nels into local markets. We knew at kets will not have any local TV service that the FCC respect that deadline by that time, however, that satellites via satellite. promptly making a final determination would be unable to carry local TV sta- This is indeed a problem that the on the Northpoint applications. It is tions on a must carry basis. FCC should address as soon as possible. time for the FCC to make good on the To address this limitation, we did So I will concur with the sentiments of original statutory directive and, better two things. First, we delayed imple- my colleagues and reiterate once again late than never, finally issue the li- mentation of a full must-carry obliga- to the FCC that we expect the agency censes. It has how been over 21⁄2 years tion until January 1, 2002, so as to give to make a determination on these long- since Northpoint filed its license appli- the industry time to upgrade their sat- pending license applications before the cations, and we need the FCC to com- ellites to handle more channels. I re- year is over. plete action on these applications now gret that the satellite industry has Only one company has satisfied the so that this new service can enter the challenged the must carry requirement statutory directive to demonstrate marketplace in a matter of months, on constitutional grounds, but also ob- through independent testing that its not years. serve that a federal court recently terrestrial service will not cause harm- HYDRO PLANTS threw out their lawsuit. Second we di- ful interference to DBS. Thus, on this Mr. SMITH of New Hampshire. Mr. rected the FCC to make ‘‘final deter- ground alone, it would appear that the President, I thank Senator GREGG and minations’’ regarding license for alter- FCC cannot hold a spectrum auction, Senator HOLLINGS for their help. As native technologies that could deliver because, with only one qualified appli- Senator GREGG knows, American Tis- local channels on must-carry basis to cant, there can be no finding of mutual sue has closed its mills in Berlin and markets that the satellites would not exclusivity. I’m also concerned about Gorham with only a few employees be able to serve. any further postponement of the de- keeping the hydro plants in Gorham I know my friend from New Hamp- ployment of this service that would running. These employees are not shire shared my interest in this issue, deny consumers the immediate savings being paid. The mills have supported as we both hail from states with tele- that would come about with the entry these communities for 150 years and vision markets that are considered too of a new competitor in the market- are the largest employers in the north small to receive local channels via sat- place, which some have estimated will country. In addition to people being ellite. Could my friend refresh for the total $1 billion. out of work, American Tissue owes the record what last year’s appropriations For all of these reasons, I think it is towns millions of dollars in back taxes bill for the FCC had to say about this more than realistic for the FCC to and water bills. The EDA has visited matter? issue licenses for this new service by the area and has seen first hand how Mr. GREGG. I thank my friend from the end of this year without resorting desperate the situation is and I would Vermont for raising this. As the Sen- to an unnecessary and inappropriate like to encourage them to do whatever ator stated, the SHVIA gave the FCC 1 auction. they can to provide these communities year from the date of enactment, or I believe the ranking member of the with additional help. November 29, 2000, to make a final de- Appropriations Committee would also Mr. GREGG. I, too, have visited the termination regarding licenses which like to add some comments. He is par- region and they are truly in need of as- had been filed at the FCC in January ticularly well qualified on this as he is sistance. I would like to thank Senator 1999. Thus, Congress effectively gave also a member of the Commerce Com- SMITH for bringing this to the atten- the FCC nearly two years to make a mittee, which like the Judiciary Com- tion of the full Senate and will work ‘‘thumbs-up-or-thumbs-down’’ decision mittee, had jurisdiction over the with my colleague to ensure this area on these applications. SHVIA. receives the necessary help.

VerDate 31-AUG-2001 04:35 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.086 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9379 Mr. HOLLINGS. The situation does initiatives in North Carolina that are tion systems and intends that the indeed sound severe. Hopefully we can intended to improve public and officer $3,000,000 designated for CJIS be used provide some assistance. safety. by the county to assist in their ongoing COASTAL SALMON FUNDING In particular, I am grateful for the efforts. Mr. SMITH of Oregon. Mr. President, willingness of the committee to agree Mr. HELMS. I again thank the chair- I would like to clarify with my col- to our request for $500,000 to help equip man and my good friend, Senator JUDD leagues on the Appropriations Com- a new Sex Offender Registration Unit GREGG, for their vital support on these mittee the disposition of certain funds at the Mecklenburg County Sheriff’s projects. I would also like to recognize earmarked by the Senate report lan- Office. Tragically, sex offenders are, at the efforts of Senator EDWARDS and his guage for the Commerce, Justice, and once, among the most difficult crimi- staff who worked diligently to promote State, the Judiciary and related agen- nals to convict of their crimes and these initiatives. cies appropriations bill for fiscal year among the most likely to commit new Mr. EDWARDS. Mr. President, one of 2002. This earmark, for $1 million with- offenses. the greatest challenges facing the in the Pacific Coastal Salmon Recov- North Carolina law requires con- criminal justice system is the question ery Fund, addresses natural threats to victed sex offenders to register with of how we ensure that convicted crimi- the southern Oregon/northern Cali- local law enforcement and to notify the nals do not repeat their crimes when fornia coho salmon in the Klamath police of their change of address. The they are released from prison. In my River. I would like to clarify that since safety of the public in general, and the State of North Carolina, there are laws this earmark is out of the funds pro- safety of our children in particular, is that attempt to address this issue in vided for the State of Oregon, these placed in jeopardy when a convicted order to make our communities safer funds are to be spent within the State sex offender fails to comply with N.C. places to live and work. These laws re- of Oregon. registration laws. Statewide, approxi- quire sex offenders to register with law I can assure my colleagues that there mately one in ten convicted sex offend- enforcement whenever they move into are such overwhelming needs related to ers does fail to register. a new county in the State, and require water quality in the Upper Klamath North Carolina’s largest county in law enforcement agencies to locate and River Basin that these funds would be terms of population, it is perhaps not arrest sex offenders who fail to comply spent effectively in Oregon to improve surprising that Mecklenburg is also the with any part of the registration laws. water quality or enhance flows for the leader in the number of registered sex The establishment of a Sex Offender Klamath River system overall. Is that offenders. Over the past few years, Registration Unit at the Mecklenburg also the understanding of my colleague there have been at least 15 separate in- County Sheriff’s Office will enable the from Oregon? stances where offenders that were re- Sheriff to keep better track of offend- Mr. WYDEN. It certainly is. I believe quired to register were later appre- ers that move into the County, and to it is imperative that, since these funds hended and convicted of subsequent identify sex offenders who do not com- are allocated to the State of Oregon, charges of molestation or the rape of a ply with registration laws. Funding for they be spent for on-the-ground activi- minor child. Ever one such case is one the Unit is critical toward ensuring ties within Oregon. These funds will be too many. that our communities are kept safe an important component of the near- The abhorrent nature of these crimes from individuals who intend to repeat term solutions that the Oregon delega- demands that we do everything we can their crimes and prey on some of the tion is trying to put together, literally to ensure that sex offenders are not most vulnerable members of our soci- as we speak, in order to assure more able to victimize others when they re- ety—our children. I greatly appreciate stability in the operation of the Fed- turn to our communities. This $500,000 the support of Senators HOLLINGS and eral Klamath Project next spring. will help the Mecklenburg County GREGG for this important project. Mr. HOLLINGS. I think that is cer- Sheriff’s Office to property identify, Also, as my distinguished colleagues tainly appropriate, and I have no prob- register, and consistent with North indicated, the committee report appro- lem agreeing to such a clarification, Carolina law, track these heinous of- priated $3 million for the Mecklenburg provided it is agreeable to my col- fenders after their release from prison. County Criminal Justice Information league, Senator GREGG. Mr. HOLLINGS. I thank the Senator System. The demands of modern, large, Mr. GREGG. That is agreeable to me from North Carolina for his remarks. urban law enforcement systems, such as the ranking member on the Appro- He is correct about the high rate of re- as Mecklenburg County’s, are numer- priations Subcommittee on Commerce. cidivism among sexual offenders. We ous. That is why the CJIS project is so Mr. SMITH. I appreciate that clari- were delighted to be able to accommo- important. CJIS will help local law en- fication on this issue of such impor- date the request of the Senators from forcement agencies and court services tance to the State of Oregon. North Carolina. to manage and compile information MECKLENBURG COUNTY, NC Mr. HELMS. I thank the chairman. about their cases and to share elec- Mr. HELMS. Mr. President, It would In addition to the $500,000 provided for tronically maintained subject and case be helpful if Senator EDWARDS and I the Sex Offender Registration Unit, data in real time. The end result will can discuss, for the record, with the there is one other matter involving the mean increased efficiency and effec- distinguished Chairman of the Com- county that I would like to address. tiveness of the criminal justice system merce, Justice, State and the Judiciary Senator EDWARDS and I combined our in Mecklenburg County and the sur- Appropriations subcommittee, two efforts in support of the county’s re- rounding region. matters of considerable importance to quest for $3,000,000 from the COPS Again, I thank Senators HOLLINGS the citizens of Mecklenburg County, Technology Program for the Criminal and GREGG for their generous support NC. Justice Information System. Upon re- of these projects. I also thank Senator Mr. HOLLINGS. I will be delighted to ceiving the committee’s report, we HELMS for his tireless efforts on these discuss these matters with the distin- were pleased to note that the money and the many other appropriations guished Senators from North Carolina. requested for CJIS was included but we projects that we have worked so close- Mr. HELMS. I thank the able Sen- also noted that the reference to Meck- ly on together. ator. Mr. President, I would be remiss lenburg as the intended recipient was METHAMPHETAMINE if I did not start by thanking the chair- inadvertently omitted. If the chairman Mr. HOLLINGS. I understand that man and the ranking member, Senator would be so kind as to clarify the com- Missouri is waging quite a battle JUDD GREGG of New Hampshire, as well mittee’s intent with respect to these against Methamphetamines. as their outstanding staffs, for all of funds, then I would be most grateful. Mrs. CARNAHAN. The Senator from their hard work in putting this bill to- Mr. HOLLINGS. Mr. President, I am South Carolina is correct. The rural gether. I know that all involved have glad to be able to address this matter. nature of Missouri and its location in invested long hours and that you have The committee was impressed by the the middle of the country have led to a made many difficult decisions. Senator fact that Mecklenburg County has al- sharp increase in methamphetamine EDWARDS and I are grateful for the sup- ready committed $8,500,000 to upgrade production and trafficking. In fact, I port that we received for several vital its criminal justice history informa- am sorry to say that Missouri now

VerDate 31-AUG-2001 04:35 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.025 pfrm02 PsN: S13PT1 S9380 CONGRESSIONAL RECORD — SENATE September 13, 2001 ranks second in the nation in clandes- funds the President’s request for the basements of homes and other popu- tine meth lab seizures. National Institute of Justice. I com- lated areas, innocent neighbors are Mr. HOLLINGS. In order to combat mend the chairman and ranking mem- often placed in danger by meth produc- that problem, we are including ber of the subcommittee for providing tion. There are also serious safety $1,100,000 in Fiscal Year 2002 funding for full funding. issues due to the risk of fire and explo- the Missouri Drug Eradication Initia- Among other things, NIJ provides sion associated with the chemicals in- tive. support for a series of National Centers volved. Furthermore, the toxins that Mrs. CARNAHAN. Those funds will for Law Enforcement and Corrections are used and discarded as a part of go a long way to enabling Missouri’s Technology which test and evaluate meth production have serious and long hard-working law enforcement officers new law enforcement technology and term impacts on the environment, and to combat this epidemic. I would like equipment for various purposes. the clean-up cost are substantial. to spell out exactly how these funds Last year Congress provided $1.2 mil- The use of this drug can also have a will be distributed in order to maxi- lion to establish a new center in Alas- severe impact on families and children. mize their effectiveness: ka to provide cold weather testing ca- People who use and make meth put $105,000 will go to the Southwest Mis- pability. I have received reports that children and their families at risk of souri Drug Task Force to implement a all the centers in the lower 48 States hazardous contamination and often coordinated, cooperative enforcement would be funded in the President’s re- live in unsanitary conditions. Meth effort to reduce, disrupt, and dismantle quest, but the new Alaska Center uses also tend to emotionally and phys- the narcotics trade in a four county would be zeroed out. That certainly is ically abuse those around them. area. $110,000 will be for the Southeast Mis- not understanding of the committee’s With that, I yield to my colleague souri Drug Task Force to target manu- intention, and I note that the com- from the state of Washington, a mem- facturing, importation, and distribu- mittee report was silent on this point. ber of the Judiciary Committee, Sen- tion and related violent crime in Could the distinguished Senator from ator CANTWELL. Southwest Missouri. South Carolina and the chairman of Ms. CANTWELL. I thank Chairman $100,000 will enable the Northeast the subcommittee help me clarify this HOLLINGS and my colleague, Senator Missouri Narcotics Task Force to pro- point? MURRAY, for their tremendous work on vide drug enforcement and assistance Mr. HOLLINGS. It is the committee’s this bill and am particularly grateful to city, county, state, and federal au- intention that the Alaska Center as to the Chairman for his clear under- thorities that operate within the re- well as the national centers in the standing of the complicated law en- gion. lower 48 States continue to be funded forcement and natural resource issues $120,000 will be for the Joplin Crime through the National Institute of Jus- facing the western states and wish to Lab for new equipment and staff sala- tice. There was certainly no intention thank him for his attention to those ries to analyze and assist law enforce- on the part of the subcommittee to matters in this bill. ment in fighting methamphetamine zero out the Alaska Center. Within the I believe that we are facing an epi- and other illegal drugs. funding that is agreed upon in con- demic in this nation that has the po- $110,000 will provide the Southeast ference with the House for the National tential to be every bit as devastating Missouri State University Crime Lab Institute of Justice, it is my hope and as the crack cocaine epidemic of the in Cape Girardeau with funding to as- expectation that we will be able to con- early 1990s. That epidemic is the rap- sist with relocation into a new building tinue funding all the centers nation- idly spreading abuse of the drug meth- on SEMO’s campus and funding for new wide at the fiscal year 2002 level. If re- amphetamine. Except that unlike equipment to analyze and assist law ductions are required in conference, crack cocaine, meth will not devastate enforcement in fighting methamphet- they will occur proportionally, and if our inner cities—it will instead pri- amine and other illegal drugs. increases are possible, they would also marily devastate our rural commu- $110,000 will help the North Central be spread proportionally among the ex- nities. Missouri Drug Task Force to imple- isting centers. I am sure that the Chairman is aware ment a coordinated, cooperative en- Mr. GREGG. I agree with the chair- that rural areas are uniquely hos- forcement effort to reduce, disrupt, and man of the subcommittee. There was pitable to meth production, and the dismantle the narcotics trade in a never any intention of zeroing out the paranoid users of meth seek out rural seven county area. new Alaska Center. We will work with areas because they know that our law $100,000 will support the West Central the Senator from Alaska to include enforcement officers are spread thin, Missouri Drug Task Force’s mission to language clarifying this issue in the and that they lack the manpower and combat illicit drug interdiction within statement of managers when we meet the resources to constantly find and a nine county area. in conference with the House to work destroy new labs. A study by the Na- $145,000 will go to the Combined out the differences between the two tional Center for Addiction and Sub- Ozarks Multi-jurisdictional Enforce- versions of the bill. stance Abuse at Columbia found that ment Team (COMET) to aggressively eighth graders living in rural America investigate and seek reduction of drug WASHINGTON STATE METHAMPHETAMINE PROGRAM are 104 percent more likely to use am- violations that occur within the area. The Mid-MO Unified Strike Team Mrs. MURRAY. Mr. President, meth- phetamines than eighth graders in and Narcotics Group—MUSTANG—will amphetamine production and use has urban areas. receive $100,000 to support its efforts to had a devastating effect on many com- This is the reason that we are intent combat meth and other illegal drugs. munities across our country, and tack- on ensuring that local law enforcement The South Central MO Drug Task ling this problem has been very chal- agencies have as much assistance as Force will receive $100,000 to target lenging to law enforcement. possible in fighting the further spread manufacturing, importation, and dis- Meth has a particularly large impact of the drug. I hope that the Chairman tribution of narcotics in South Central on my state. We rank number two in and the members of the Subcommittee Missouri, including the Mark Twain the nation in meth production and use. can work closely with those of us on National Forest. Last year, local law enforcement raid- the Judiciary Committee as we work to I am extremely pleased that these ed five times the number of meth labs assess the local need for federal re- funds have been included in this bill. I than they did the year before in Wash- sources in the months to come. Again, am confident that these resources will ington. I thank the Chairman and yield back have a meaningful impact on Missouri The impact on our health and the en- to my colleague from Washington. law enforcement’s efforts to make our vironment are extensive. The byprod- Mrs. MURRAY. The Commerce, Jus- state safe and drug-free. ucts of meth production are highly tice, State and Judiciary Appropria- THE NATIONAL INSTITUTE OF JUSTICE NATIONAL toxic and hazardous and pose serious tion Subcommittee, of which Senator CENTERS FOR LAW ENFORCEMENT AND COR- threats to the public at large. Meth is HOLLINGS is Chairman and I am a mem- RECTIONS TECHNOLOGY produced with toxic chemicals and gen- ber, has responded to this problem by Mr. STEVENS. The fiscal year 2002 erates dangerous byproducts. Because providing money under the Community State, Justice, Commerce bill fully manufacturing can take place in the Oriented Policing Services Program to

VerDate 31-AUG-2001 05:12 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.029 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9381 help local communities and law en- groundfish fishers and their families. I NEW TECHNOLOGY TO AID FBI’S INNOCENT forcement combat meth production and also want to thank Chairman HOLLINGS IMAGES INITIATIVE use. In this year’s bill, we have pro- for providing this opportunity to clar- Mr. GREGG. As the distinguished vided a good number of resources to ify, for the record, how the money pro- Chairman of the State, Justice, Com- deal with the meth problem, including vided by this amendment should be merce Appropriations Subcommittee an earmark for the Washington State spent. knows, we have provided substantial Methamphetamine Program. This amendment provides $2,000,000 funds through the years to support Is it the intent of the Appropriations in additional National Oceanic and At- Federal Bureau of Investigation (FBI) Committee that the money provided mospheric Administration funds for efforts to catch child predators and for the Washington State Methamphet- Cooperative Research on West Coast pornographers engaging in criminal ac- amine Program be spread among the groundfish. It also provides $3,000,000 in tivity on the Internet. The FBI’s first participating counties in Washington additional NOAA funds for emergency undercover operation in this field of in- State, which include the counties of assistance for the Oregon groundfish vestigation, code named ‘‘Innocent Im- King, Benton, Snohomish, Kitsap, Spo- fishers suffering from the groundfish ages,’’ was initiated in 1995. Six years kane, Thurston, Pierce, Lewis, Grays fishery disaster resulting in more than later, Innocent Images is an FBI Na- Harbor, Mason, Cowlitz, Clark, Grant, 40 percent drop in income since 1995. tional Initiative, supported by annual The $2,000,000 for cooperative re- Chelan, and Yakima? funding of $10 million, with undercover search surveys will be used by the Na- Mr. HOLLINGS. The Committee has operations in eleven field offices. tional Marine Fisheries Service to put long recognized the problems associ- The FBI’s Innocent Images Initiative currently out-of-work groundfish fish- ated with the use and production of utilizes undercover agents posing as ing vessels and their owners to work children on-line to identify and inves- Methamphetamines, and we have pro- doing annual groundfish data collec- vided real money to help local commu- tigate potential sexual predators. tions. In Oregon, and along with the Under current practice, the FBI’s Inno- nities and law enforcement deal with West Coast, the National Marine Fish- this problem. It is the intent of this cent Images Initiative relies on indi- eries Service sets harvest regulations vidual agents posing as children in on- Committee that the money made avail- regarding 83 species of groundfish but line ‘‘chat rooms.’’ Thus, the effective- able for the Washington State Meth- collects data on only 16 species. They ness of the program is necessarily lim- amphetamine Program be spread do so every three years instead of an- ited because human resources are lim- among the counties that you have nually, as they do in many other fish- ited. mentioned. I do look forward to con- eries. This funding for annual surveys Recently, I became aware that a tinuing to working with the Senators means jobs for displaced fishers and re- company called Spectre AI has devel- from Washington on this issue in the liable economical and educated labor oped new technology that has the po- future. for an agency that claims it can’t do tential to increase vastly the effective- PACIFIC COASTAL SALMON RECOVERY FUND its work because it doesn’t have ness of the Innocent Images Initiative. Mrs. MURRAY. Mr. President, I ask enough money or manpower. It also Spectre’s technology utilizes com- Senator HOLLINGS, am I correct in my means better fisheries data, which puters that are capable of monitoring understanding that the Manager’s should yield better fisheries manage- large numbers of on-line chat rooms si- Amendment to the Departments of ment and benefit the environment and multaneously. These computers are Commerce, Justice, and State, the Ju- local fishers. programmed to search for certain key diciary, and Related Agencies Appro- The $3,000,000 for economic assistance words or phrases for which agents are priations bill for Fiscal Year 2002 in- is provided for fishers impacted by the trained to spot when on-line looking cludes an additional $4,000,000 for loss of the August court case in which for child predators and pornographers. Washington State’s share under the the Natural Resources Defense Council When such key words or phrases are Pacific Coastal Salmon Recovery sued NMFS and won because NMFS identified, Spectre’s artificial intel- Fund, raising the total for Washington used 15-year-old data to set groundfish ligence program carries on a limited, State to $24,150,000 and the total for harvest levels. Allowable harvests have two-way dialogue with the potential this account to $74,000,000? been cut by an average of 64 percent child predator. Simultaneously with Mr. HOLLINGS. The Senator from over the past five years, and for some the initiation of this two-way dialogue, Washington State is correct. species it has been cut by 90 percent. the Spectre technology notifies an FBI Mrs. MURRAY. I thank the Senator. This court order will result in further agent, who then takes over the inves- I appreciate his assistance in this mat- catch reductions. These folks are on tigative chat-room dialogue. ter. the ropes; if they can’t fish, they can’t pay their bills. They need some help This new technology developed by COASTAL PROTECTION AND RESTORATION while they figure out what to do next Spectre AI has the potential to in- PROJECTS crease exponentially the number of Ms. LANDRIEU. It is my under- as almost 3,000 of them try to transi- tion into other lines of work. This as- Internet chat rooms that the FBI can standing that of the $31 million pro- sistance money should be used for sin- monitor. Thus, it holds the promise of vided for ‘‘Coastal Protection and Res- gle, lump sum payments to vessel own- an enormous leap forward in the effec- toration Project’’ in the National ers who are suffering from these finan- tiveness of the FBI’s ‘‘Innocent Images Ocean Service Account of the Senate cial losses. The precedent for this type Initiative’’ and its goal of protecting Committee Report of the Commerce, of payment can be found in the Hawaii our Nation’s children from sexual pred- Justice, State Appropriations Bill for longline fishery where fishers received ators and pornographers. fiscal year 2002, $15 million is to be pro- $3,000,000 of emergency assistance Does the Chairman agree with me vided to the State of Louisiana and $15 through the Secretary of Commerce in that Specter AI’s new technology million is to be provided to the State of FY 2001 after the courts shut down should be carefully reviewed by the Alaska for coastal impact assistance. their swordfish and tuna fisheries. FBI for possible utilization in its ‘‘In- This funding is to be allocated to and Mr. HOLLINGS. I understand that nocent Images Initiative’’? used by the States of Alaska and Lou- the $2,000,000 for cooperative surveys is Mr. HOLLINGS. I am intrigued by isiana in accordance with the coastal to be used for annual West Coast the new technology that the Senator impact assistance program authorized groundfish surveys in Oregon, as well has described. I certainly will join you in the Commerce, Justice, State Appro- as to provide work for displaced Oregon in encouraging the FBI to give it priations Bill, fiscal year 2001. groundfish fishers. I further understand consideration. Mr. HOLLINGS. The Senator from that the economic assistance money is Mr. INHOFE. Mr. President, I thank Louisiana is correct. intended for vessel owners to tide them Senator GREGG and Senator HOLLINGS OREGON GROUNDFISH over these difficult times. I appreciate for considering this amendment. For Mr. WYDEN. Mr. President, I thank the Senator bringing this important purposes of clarification, it is my un- my colleague, Chairman HOLLINGS, for issue to light and I am happy to have derstanding that this amendment will accepting the amendment I sponsored been able to help his constituents on decrease funding from the National to provide funding to aid Oregon this important issue. Oceanic and Atomospheric Agency

VerDate 31-AUG-2001 05:07 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.044 pfrm02 PsN: S13PT1 S9382 CONGRESSIONAL RECORD — SENATE September 13, 2001 (NOAA) Procurement, Acquisition and Justice, State Subcommittee, the Sen- financial burden to process and incar- Construction account by $500,000, spe- ator from South Carolina, to discuss cerate criminal illegal aliens over- cifically from the ‘‘Norman Consolida- funding for the State Criminal Alien whelms the budgets of many states and tion Project,’’ and add the same Assistance Program, popularly known localities, SCAAP has never been allo- amount, $500,000, to the International as SCAAP. cated its full authorization. Over the Trade Administration, Trade Develop- As the Senator knows, States and lo- past five years, SCAAP has usually ment account for International Trade calities across the nation, especially been funded at levels between $500 mil- Processing Center Programs in McCain those with high immigration popu- lion and $600 million, which has pro- County, Oklahoma. Is that how the lations, face extraordinary costs asso- vided states and localities reimburse- Senator from New Hampshire under- ciated with incarcerating criminal ment of about 30 cents for each dollar stands this amendment? aliens. spent on incarceration. Mr. GREGG. Yes. That is exactly how The burden continues to grow, for The Congress would be doing the I understand the amendment offered by high impact States like California, for right thing if it allocated $1.6 billion. the Senator from Oklahoma. We are example. In February 1997, there were In FY 2001, the state of Arizona and its happy to accept this amendment. 17,904 undocumented felons in the Cali- localities incurred costs of well over DESIGNATION OF THE FT. SMITH, ARKANSAS INS fornia correctional system with Immi- $30 million to incarcerate criminal ille- OFFICE AS A SUB-OFFICE gration and Naturalization Service gal aliens, and received $18 million in Mr. GREGG. I would like to discuss holds. By the end of February 2001, federal reimbursement—when SCAAP the need to designate the Immigration there were 20,937 illegal alien inmates was funded at $585 million overall. and Naturalization office located in in the system with INS holds. Cali- To reduce the total 2002 SCAAP fund Fort Smith, Arkansas, as a Sub-office, fornia taxpayers can expect to spend from its $565 million level to $265 mil- with an Officer-in-Charge. $571.2 million this year to cover these lion (a $300 million decrease), is unac- I understand that the area serviced costs. ceptable. Should funding be reduced to by the Fort Smith INS office has expe- Over the past few years, the SCAAP $265 million, all 50 states, D.C., and the rienced tremendous growth in its His- program has reimbursed roughly 33 increasing number of localities that panic population and needs this des- percent of the costs incurred by State incur costs, which now receive an unac- ignation in order to efficiently admin- and local governments. Since 1997, the ceptable 30 cents for each dollar spent, ister and enforce our nation’s immigra- authorization level for SCAAP has will receive an even more unacceptable tion laws. been $650 million. Funding for the pro- level of reimbursement. Mr. HUTCHINSON. That’s absolutely gram peaked at $585 million in FY 1999, Mr. President, I very much hope that correct. As you know, according to the and dropped to $565 million in FY 2000. Senators GREGG, HOLLINGS, FEINSTEIN, 2000 Census, Arkansas’ Hispanic popu- Given the rising costs associated GRAHAM and I can work to resolve lation grew by 337 percent over the with criminal alien incarceration, the these issues before this bill is signed course of the past decade, a rate of legislation my colleagues and I had into law. growth which is believed to be the fast- hoped that Congress would see fit to Mr. GRAHAM. I join with my col- est in the nation. In the Third Congres- fully fund this important program at leagues to stress the importance of adequate funding for the State Crimi- sional District, where the Fort Smith the authorized level of $650 million. office is located, Hispanics now com- I am concerned that the bill reported nal Alien Assistance Program. When prise 5.7 percent of the total popu- by the committee makes dramatic cuts our state and local law enforcement lation. This phenomenal growth is in federal funding for SCAAP, reducing undertake the task of assisting the fed- shown even more poignantly when one the level of funding by 53 percent to eral government in areas of complete federal jurisdiction, such as immigra- considers that the Northwest Arkansas only $265 million. tion, we need to ensure that we are not county which is home to the Univer- Given the urgency of the need and unfairly shifting the cost burden of sity of Arkansas, Washington County, the fact that all 50 States, the District this task to our state and local part- experienced a 629 percent increase in of Columbia, Puerto Rico and more ners. The incarceration of criminal its Hispanic population. Needless to than 360 localities received SCAAP aliens, when undertaken by state and say, this influx of new immigrants is funding in the most recent reimburse- local governments, should be reim- putting a significant strain on the pro- ment period, I would like to inquire of bursed. SCAAP is a good first step—it vision of basic immigration services. my friend from South Carolina if there reimburses some of the costs—we Mr. GREGG. Can you give me an ex- is something that can be done to in- should do more. But at the very least, ample of how a Sub-office designation crease funding for this bill for SCAAP we should ensure that at least the $565 would reduce that strain? to a more appropriate level. million allocated in the House bill is Mr. HUTCHINSON. Currently, the Mr. KYL. Mr. President, I wish to as- staff of the Fort Smith office are proc- available for SCAAP this year. sociate myself with the remarks of my Each of our states receives reim- essing a significantly greater number good friend, the Senator from Cali- bursement from SCAAP. Our law en- of cases than was originally planned fornia, and also look forward to work- forcement community counts on this and doing so without a corresponding ing with the Chairman and Ranking funding, and it is our obligation to en- increase in staff. Thus, it is common Member of the subcommittee to re- sure that our federal responsibility is for a person’s work permit or travel solve the funding disparity in the State met. document to be unnecessarily delayed Criminal Alien Assistance Program I am pleased to be working with so due to the fact that the Fort Smith of- (SCAAP). many dedicated colleagues on this fice simply does not have the resources Before I begin my comments about matter, and look forward to working necessary to locally process the appli- this important program and the level with the Committee on an issue of such cation. A Sub-office designation, and of funding in the Senate Commerce- importance to each of our states. the Officer-in-Charge that would ac- Justice-State Appropriations bill, I Mrs. FEINSTEIN. I thank the Sen- company it, would allow the Fort want to state my full support for the ator for his encouraging words. As I am Smith office to administer oaths of $565 million funding level for SCAAP in sure he knows, the SCAAP reimburse- naturalization, authorize arrest war- the House FY 2002 bill. Through the ments provided in prior years did not rants, issue intentions to fine, and Crime Control Act of 1994, the Congress nearly cover the costs states and local- process other administrative matters. created SCAAP to reimburse states and ities incurred to incarcerate illegal Mr. HOLLINGS. I appreciate your localities for the costs they incur in- aliens in their jurisdictions. bringing this matter to our attention carcerating criminal illegal aliens. In Fiscal Year 2000, the last year for and we will look into this situation in Such costs, it has been made clear, are which such cost figures are available, conference. the responsibility of the federal gov- the cost for states and localities FY02 SCAAP FUNDING ernment. SCAAP has been authorized amounted to more than $11 billion. Mrs. FEINSTEIN. Mr. President, I at $650 million, although total expendi- Thus, last year’s funding level covered rise with a number of my colleagues tures of the states and localities ex- only $565 million, or 5.1 percent, of the and the Chairman of the Commerce, ceeds $1.6 billion per year. Though the actual costs.

VerDate 31-AUG-2001 04:35 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.047 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9383 A cut along the magnitude of that ments for voting systems standards tries like South Africa and Botswana. which is included in the Committee bill and technology, provisional voting, and These states depend upon their legiti- would be absolutely devastating. The distribution of sample ballots, with mate diamond industries to fuel eco- State of Wisconsin would lose more voting instructions and voting rights. nomic growth and development. It is than $1.1 million in funding; Rhode Is- The bill funds the grant program critical to distinguish between the en- land would lose over $900,000; Pennsyl- through the Department of Justice. tirely legitimate diamond exports of a vania would lose over $1 million. Thus, The Senate will debate this legislation country like Botswana, and the dia- even states which have not tradition- later this fall. This amendment pre- mond trade that has helped the RUF ally had to confront the growth in ille- serves the ability of the Senate to fund and UNITA to sustain bloody wars. gal immigration are bearing the costs reform through either the Department This legislation will help to build of this Federal responsibility. of Justice, the Federal Election Com- momentum behind the multilateral ef- When the Federal government fails in mission, or both. forts currently underway to regulate its responsibility to control our na- I firmly believe that it is the obliga- the diamond trade and to create a tion’s borders, local taxpayers should tion of the Congress to provide both ‘‘clean stream’’ for the legitimate dia- not have to foot the bill for incarcer- the leadership and the resources for mond industry and consumers to rely ating undocumented criminal aliens in election reform. The reforms are nec- upon. It is my hope that the action we State and local jails. essary to provide guidance to States on take today will encourage the govern- I will work closely with my col- election administration and tech- mental authorities, advocacy groups leagues in both bodies during the nology and to re-establish public con- and industry representatives gathering weeks to come to insure that this bill fidence in our elections system. Simi- in London to work toward a multilat- adequately funds SCAAP. larly, the financial resources are essen- eral solution. They must take decisive Mr. DODD. Mr. President, obviously tial to support States and localities in action to implement a rigorous regu- the highest priority as a nation is ad- implementing, maintaining and weav- latory regime, not retreat into half- dressing every aspect of the terrorist ing those vital election reforms into hearted calls for self-regulation. attacks that took place in our country the fabric of our American democracy. It is equally important to be honest earlier this week. That is now and My amendment for a $2 million about the fact that stopping the trade should be in the foreseeable future our placeholder is at the same level of sup- in conflict diamonds is not the silver primary concern as a Senate, a Con- port that is currently included in the bullet that will stop the conflicts in gress and as a country. Part of respond- Treasury-Postal appropriations bill for West Africa or the D.R.C. or Angola. ing to that concern includes dem- election reform. These complex crises call for nuanced onstrating to ourselves and the world I urge my colleagues on both sides of and multi-faceted policy responses. But that we can carry on the very impor- the aisle to support this amendment. It this one element—de-legitimizing the tant business of our country. That is essential that we include the $2 mil- trade in conflict diamonds—will make business includes election reform. lion placeholder now to preserve our it more difficult, and less lucrative, for I now address the issue that will be- ability to negotiate actual funding lev- some of the most odious actors on the come increasingly important as our els for election reform in conference. international stage to continue pur- Nation and our deliberations in Con- Further, I also urge my colleagues to suing their violent and abusive agen- gress return to normal. This is the support the companion provision for das. It is unquestionably a step worth issue of funding for election reform. I election reform in the Treasury-Postal taking. appreciate this opportunity to include appropriations bill when it is debated Mr. KERRY. Mr. President, today the an amendment as part of the managers’ on the Senate floor in the near future. Senate voted in favor of an amendment amendment to H.R. 2500 (S. 1215). This I will support both provisions. OND and COL- bill contains appropriations for the De- Mr. FEINGOLD. Mr. President, I I offered with Senators B LINS to increase funding for the Small partment of Commerce, Justice, and want to thank the managers of this Business Administration’s Women’s State, the Judiciary, and related agen- bill, Chairman HOLLINGS and Senator Business Centers program from $12 mil- cies for the fiscal year 2002. GREGG, for accepting this amendment, lion to $13.7 million, by using some ad- My amendment provides a $2 million and to thank Senators DURBIN and ditional funds from the Agency’s Sala- placeholder for election reform in fis- DEWINE and Congressmen HALL and ries and Expenses account. I thank all cal year 2002. These Federal dollars WOLF for their leadership on this issue. would be used to fund a Federal grant I also want to recognize the NGOs that my colleagues for their support of this program administered by the Depart- have worked so hard on this bill, and to important resource for women around ment of Justice to States and localities recognize the diamond industry itself, the country who are working for eco- for election reform improvements na- which has come forward to work with nomic independence and working to tionwide. the advocates and with Congress. provide jobs and opportunities for oth- The amendment that I have crafted I now serve as the chairman of the ers in their communities. is identical to the provision inserted in Senate Foreign Relations Committee’s Today is not the first time the Wom- S. 1398, the Treasury-Postal appropria- Subcommittee on African Affairs. I en’s Business Centers have been sup- tions bill. The Committee on Appro- have been to the Democratic Republic ported from both sides of the aisle. On priations included a $2 million of the Congo. I have been to Angola. April 6th, the full Senate agreed by placeholder in the Federal Election And, most recently, in February I trav- voice vote to a similar amendment Commission appropriation for admin- eled to Sierra Leone. Senator BOND and I offered to the Sen- istering a program to award Federal In each of these places, I have met ate Budget Resolution. Like today’s matching grants to States and local- amputees, refugees, widows and wid- amendment, that amendment, Amend- ities to improve election systems and owers and orphans. I have seen the ment No. 183, increased the funding for election administration for fiscal year tragic consequences of the near total Women’s Business Centers from $12 2002. The report to accompany that disruption of a society—the million to $13.7 million. bill, S. Report 107–57, notes the intent malnourishment, the disillusionment, I am encouraged by our ability to of the committee that ‘‘once such a the desperation. And each time, I have work together and reinforce the good program is enacted into law, the funds been sickened by the knowledge that work of the Women’s Business Centers. should be available to immediately some people are getting rich as a result When a Center trains an entrepreneur, begin this process.’’ of this misery. she knows how to approach a lender for My provision mirrors this language. I believe that our national values de- a loan, knows how to manage her busi- Legislation ordered reported by the mand that the United States disasso- ness, and understands the hows and Rules Committee on August 2, 2001, S. ciate itself from the trade in conflict whys of marketing. 565 provides for a Federal grant pro- diamonds. Let me give you two examples of gram to the States and localities to But over the years that I have served women who sought assistance from the fund election reforms, including funds on the Africa Subcommittee, I have Women’s Business Center in Boston, to meet minimum national require- also worked on issues relating to coun- the Center for Women & Enterprise.

VerDate 31-AUG-2001 05:42 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.061 pfrm02 PsN: S13PT1 S9384 CONGRESSIONAL RECORD — SENATE September 13, 2001 Nancy Engel went from struggling to random access memory—or D–RAM— tice, State Appropriations bill. The raise her family on public assistance to an important type of memory semicon- amendment is the Bruce Vento Hmong owning her own mail order and catalog ductor that is used in everything from Veterans’ Naturalization Extension company and creating four jobs. She personal computers to satellites. Hynix Act. The Act is named after my late not only helped herself, but has shared has captured over 24 percent of the colleague and dear friend, Congressman her better fortune by employing other world semiconductor market. Bruce Vento. Congressman Vento dedi- mothers who have the flexibility to However, Hynix achieved such a large cated much of his career to working make it home in time to meet their share of the global market not because with the Hmong community in Min- kids at the school bus. it is particularly good at making these nesota. He worked for a decade to en- And then there’s Sarah Byrne—a semiconductor chips, but because it sure the passage of the Hmong Vet- computer specialist who lost her job. borrowed excessively and built up enor- erans Naturalization Act. This amend- Fed up with being at the mercy of a big mous capacity. ment would make it possible for all eli- company, she launched her own com- Last year, Hynix became unable to gible Hmong veterans and their wives puter company, Complete Communica- service its debt. Hynix lost over $2 bil- to receive the benefits they are due tions. With the help of CWE, Sarah has lion in 2000, and is expected to lose over under this Act by extending the appli- grown her company in Wakefield, Mas- $3 billion this year on sales of a little sachusetts, to about 14 employees. cation deadline from November 26, 2001 over $3 billion. to May 26, 2003. I think it’s remarkable that the pro- By any reckoning, this company gram opened its first 12 centers in 1989 would have failed were it not for gov- With less than 3 months remaining and today women have access to train- ernment assistance. before the deadline passes for most of ing and counseling at almost 100 sites. Now, Hynix is broke and cannot those covered under the Act, only 25 I also think it’s remarkable that over repay the loans it took out to finance percent of all eligible applicants have the past decade the number of women- its expansion. Verging on bankruptcy, filed for citizenship. Advocates for the owned businesses operating in this Hynix has been kept alive by the South Hmong believe it will be impossible for country has grown by 103 percent to an Korean government through infusions all those eligible to file by the dead- estimated 9.1 million firms, generating of new cash. line. The Hmong community has faced $3.6 trillion in sales annually, while Far from solving the company’s prob- many challenges in getting veterans employing more than 27.5 million lems, however, these government sub- and their wives filed. The Department workers. I want to encourage this sidies are just plunging Hynix deeper of Justice did not release its guidelines trend. 1 into debt. for 2 ⁄2 months and many INS regional In closing, I want to thank Senator This behavior circumvents normal offices were unfamiliar with the guide- HOLLINGS and his staff for all of their market forces and has very severe im- lines for a period of time after that, re- help and support of not only this plications for the companies in the sulting in eligible Hmong applicants amendment but for the Small Business U.S. and the rest of the world that are being turned away. The language bar- Administration in general. Again, I forced to compete with Hynix’s ille- rier that created the need for the thank all my colleagues for voting in gally subsidized products. Hmong Veteran Naturalization Act in favor of this amendment, and Senators Over the past several months, the the first place has meant that many BOND and COLLINS for offering this Korean government has given assur- amendment with me. I ask unanimous Hmong needed assistance from Hmong ances to me, to my colleague Senator consent that the amendment be in- community advocates to understand CRAPO, and other Members of this the citizenship process and to fill out cluded in the RECORD. There being no objection, the amend- body, as well as Ambassador Zoellick, the citizenship application. These ad- ment was ordered to be printed in the Secretary Evans and Secretary O’Neill, vocacy organizations are vastly under- RECORD, as follows: that the Korean government will stop resourced and are overwhelmed by the In the appropriate place in the bill regard- giving these subsidies to Hynix—sub- demand for help from Hmong appli- ing appropriations for Salaries and Expenses sidies that clearly violate our inter- cants. national trade agreements. of the Small Business Administration, insert I want to make it clear. This amend- Now, the Korean government seems the following after the phrase ‘‘by section 21 ment would not increase the number of of the Small Business Act, as amended’’: poised to violate these assurances com- eligible applicants. It in no way would ‘‘Provided further, That $13,700,000 shall be pletely, destroying the U.S. semicon- change the other requirements of the available in fiscal year 2002 to fund grants as ductor industry in the process. law. It simply would provide a nec- authorized by section 29 of the Small Busi- The Sense of the Senate resolution I ness Act.’’ essary extension for existing eligible am offering outlines these facts and applicants. Mr. CRAIG. I rise today to express calls upon the Secretary of the Treas- my extreme concern about develop- ury, the Secretary of Commerce, and As the Senator from Minnesota, I am ments in the Republic of Korea that the United States Trade Representa- proud to represent one of the largest have far reaching negative implica- tive to request consultations with the Hmong populations in America. My ex- tions for United States semiconductor Republic of Korea under Article 4 and perience as a Senator has become much companies. richer as a result of coming to know I am referring to the massive and un- Article 7 of the Agreement on Sub- the history and culture of the Hmong justified government bailout that the sidies and Countervailing Measures of people in Minnesota. I deeply respect South Korean government is providing the World Trade Organization. their extraordinary efforts in support to Hyundai Electronics, now known as This amendment further asks that of the American people. When the Con- Hynix. the Administration take any other ac- Today, I am offering a sense-of-the- tions that are necessary to assure that ference Committee meets, I urge my Senate amendment on this issue. I am the improper bailout by the Republic of colleagues’ strong support of this joined by my colleague from Idaho, Korea is stopped, and its effects fully amendment so it may become law when Senator CRAPO, in this effort. offset or reversed. this bill is passed. The original Act was To date, the South Korean govern- I hope my colleagues will support passed because of Hmong veterans’ tre- ment and the government-owned banks this sense-of-the-Senate amendment mendous sacrifice on behalf of the have given Hynix over $5 billion in and will join me in calling on the Ko- United States during the Vietnam War loans and other types of financing rean government to stop subsidizing and because of the unique literacy which carry the guarantee of the gov- Hynix and to stop this dangerous dis- challenges the Hmong community ernment of Korea. This is a subsidy tortion of the international semicon- faces. It would be wrong to deny the pure and simple. ductor market. benefits of the Act to eligible veterans Now the Korean government is plan- Mr. WELLSTONE. Mr. President, I for reasons that are beyond their con- ning on giving Hynix additional loans thank the managers of this bill, Sen- trol. Let us fulfill the intent of the Act to keep them solvent. ator HOLLINGS and Senator GREGG, for we passed last year and ensure that In the year 2000, Hynix was the working with me to include an amend- these veterans and their families re- world’s largest producer of dynamic ment I offered to the Commerce, Jus- ceive the benefits they are due.

VerDate 31-AUG-2001 04:47 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.062 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9385 Mr. ALLEN. Mr. President, I con- guage that would implement S. 1084, not get the technical support they need gratulate Chairman HOLLINGS and Sen- Senator DURBIN’s bill to halt U.S. im- to get back on their feet and keep jobs ator GREGG for including in this appro- ports of conflict diamonds. Some of the in their communities. priations measure a grant of $500,000 to measures used in this legislation to re- For example, right now in Montana the National Capital Area Council of spond to the conflict diamond problem ten companies have 25 approved but un- the Boy Scouts of America for its fall within the jurisdiction of the Fi- funded projects for a total shortfall of ‘‘Learning for Life’’ program that nance Committee. Therefore, the pre- over $351,000. This includes several serves 20,000 students in Washington, ferred method for considering this companies that have been forced to se- D.C., Virginia and Maryland. This is measure would be to hold a hearing and verely reduce operations due to im- not a new program; the Congress has mark up the bill in the Finance Com- ports of dumped and subsidized funded it for the past two years. By mittee. softwood lumber from Canada. The continuing to fund ‘‘Learning for Life’’ In this case, however, there is a cer- communities where these businesses for another year, thousands of young tain urgency to taking action on the are located often do not offer many op- people in the Washington metropolitan issue of conflict diamonds in order to portunities for alternate employment area will be able to participate in an halt the atrocities that continue to and it is important that we help com- innovative program that helps them take place in Africa and restore the panies and communities like these to develop social and life skills, assists confidence of the diamond-buying pub- get back on their feet. their character development, and helps lic in the United States. In addition, In conclusion, Mr. President, I want them formulate positive personal val- Senator GREGG and Senator DURBIN to express my profound disappointment ues. have worked closely with me and with that we in the Senate have not even ‘‘Learning for Life’’ is designed to each other to make sure that the sub- made the attempt to provide a more support our schools in their efforts to stance of this provision is acceptable to adequate funding level for this valu- prepare youth to successfully handle all concerned. able program in FY 2002, despite its ex- the complexities of contemporary soci- Based on this close cooperation and tremely modest cost and proven bene- ety and to enhance their self-con- the urgency of the issue, I have decided fits. I will certainly work to see that fidence and motivation. It prepares not to raise a jurisdictional objection. this mistake is not repeated next year. youth to make ethical decisions that I therefore support the inclusion of S. I will also work to see what solutions will help them achieve their full poten- 1084 in the bill before us. are available to this continuing prob- tial. I will now say a few brief words about lem when we mark up a bill to reau- At a time when drugs and gangs are Trade Adjustment Assistance. The thorize the Trade Adjustment Assist- ravaging our schools and communities, TAA program has been on the books ance program this year in the Finance this program is a catalyst to help stop since 1962 and has historically received Committee. this trend. Teachers use age-appro- wide bipartisan support. The purpose of Mr. LUGAR. Mr. President, I appre- priate, grade-specific lesson plans that the program is to help workers and ciate the good work the committee and give the boys and girls in our schools firms that experience layoffs due to the managers have done with respect the skills and information that helps import competition. to the fiscal year 2002 appropriations them cope with the complexities of to- The portion of the Trade Adjustment bill for the Departments of Commerce, day’s society. By making academic Assistance program which assists Justice, and State. However, there is learning fun and relevant to real-life trade-impacted businesses operates out one area in which the bill is deficient; situations, the core values and skills of the Department of Commerce and its namely, embassy security. learned by the students participating budget is included in the Commerce, The Department of State is request- in this program prepare them to par- Justice, and State appropriations bill. ing a total of $1.3 billion for worldwide ticipate in and provide leadership in This program helps small- and me- security upgrade activities in fiscal American society. dium-sized businesses that are facing year 2002, a 22 percent increase over the Senators HOLLINGS and GREGG have layoffs due to import competition to fiscal year 2001 level of $1.07 billion. been, and continue to be, strong sup- get access to technical support and de- This funding is to be used to: maintain porters of efforts to enhance edu- velop business plans that help them ad- extensive security enhancements; ad- cational opportunities for the youth of just to import competition, become dress other domestic and overseas our country. The thousands of boys and more competitive, and maintain or in- vulnerabilities; construct modern, se- girls who participate in this program crease employment. cure facilities; and correct perimeter join me in expressing our gratitude for The TAA for firms program operates security weaknesses. the continued leadership of Senators on a shoestring. Historically, the TAA Over the past 3 years, the Depart- HOLLINGS and GREGG. for Firms program creates or preserves ment has invested over $3 billion in ex- I am also thankful for the support of one job for every $861 spent. This is a tensive improvements in systems and Senators THURMOND and SESSIONS who bargain we cannot afford to pass up. In facilities as well as security staffing to joined me in working to continue fund- recognition of this program’s track protect U.S. diplomats, employees, and ing for ‘‘Learning for Life.’’ record, in every recent year the Senate dependents around the world. The $1.3 Mr. BAUCUS. Mr. President, I rise to has attempted to increase funding for billion requested in the fiscal year 2002 address two important international this program in the CJS appropriations budget includes $363 million to main- trade issues raised in this bill: trade in bill. Last year the amount that passed tain these programs at their current conflict diamonds and trade adjust- the Senate was about $24 million. levels. Examples include continued ment assistance. Every year, the number gets reduced in funding for approximately 6,000 guards I thank Senator GREGG and Senator conference. This is very frustrating, and surveillance specialists; mainte- DURBIN for taking on the important but certainly not a reason to give up. nance of 490 explosives detection de- issue of so-called ‘‘conflict diamonds.’’ This year, however, much to my cha- vices, 877 walk-through metal detec- As we have all seen reported in the grin, the bill before us does not include tors, and 283 x-ray machines; and main- press, the struggle for control of dia- any increase in funding for this pro- tenance of almost 1,000 armored vehi- mond mining areas in Africa by various gram over the current level, so there is cles. rebel groups have led to the commis- no basis even to go to conference on The fiscal year 2002 budget request sion of some terrible atrocities against this issue. also includes $64 million to reinforce unarmed civilians. There is no doubt that the current defenses against cyberterrorism, tech- My colleagues Senator GREGG and funding level for the Trade Adjustment nical and human intelligence gathering Senator DURBIN have both introduced Assistance for Firms program is sorely efforts, and penetration of our domes- bills aiming to stem the trade in con- inadequate. Every year more firms are tic facilities. Included in this effort is flict diamonds. I applaud them for certified eligible than there is money the addition of 186 positions, 86 agents their efforts. to provide even the most modest tech- and 100 other security professionals, The appropriations measure that we nical assistance. The result is that not only to support expanded programs are considering today includes lan- many qualified and deserving firms do but to reduce the burden on current

VerDate 31-AUG-2001 05:26 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.089 pfrm02 PsN: S13PT1 S9386 CONGRESSIONAL RECORD — SENATE September 13, 2001 personnel and to ensure that sufficient driven projects for fiscal year 2002, mitted to working with my colleagues agents are always available to address which will make it more difficult for to secure the passage of this legislation any serious threat or emergency. the Department to meet its security- in the near future. The budget request also includes a improvement goals. I appreciate the willingness of the total of $665 million for seven security- I am also concerned that the funding chairman and ranking member to ac- driven construction projects that will allocated by the committee does not cept my amendment. I also want to replace less secure embassies or con- appear to extend to the protection of thank Senators BINGAMAN, DOMENICI, sulates and U.S. AID facilities. The re- U.S. AID employees, an oversight that HATCH, and REID for their support of quest also includes $211 million to ad- should be quickly addressed. this amendment. dress significant vulnerabilities in sys- We cannot in good conscience leave Mr. MCCAIN. Mr. President, I had in- tems and equipment that monitor pe- the manifestations of the American tended to offer an amendment to the rimeter areas and control access to presence abroad, namely, our embas- Commerce, Justice, and State appro- U.S. facilities. These funds will con- sies and consulates, inadequately pro- priation bill regarding the Title XI tinue perimeter security improvements tected. The terrorist attacks on New Loan Guarantee Program. However, in and extend the installation of protec- York and the Pentagon were preceded, light of the events of the last several tive measures to additional posts. it should be remembered, by attacks on days, I believe the Senate needs to I am disappointed that the com- American embassies in two African quickly move onto the consideration of mittee mark does not fully fund the countries just a few short years ago. legislation that will aid our Govern- Department’s priority personnel in- U.S. embassy security abroad deserves ment in addressing issues resulting creases for improved diplomatic readi- the same degree of attention by au- from the devastating attacks on our Nation earlier this week. Therefore, I ness and worldwide security upgrades. thorizers and appropriators as home- am going to reserve the amendment for The Department’s initial request had land defense. I would urge the managers of the bill another time. about $95 million to provide for the hir- I am very concerned that the Title XI to revisit this issue in the conference ing of 360 new employees to support Loan Guarantee Program is in fiscal Diplomatic Readiness requirements. with their House counterparts and, at peril due to recent loan defaults and However, the committee’s mark only minimum, agree to the administra- ongoing construction problems with supports about 40 percent of this new tion’s request with respect to the em- other guaranteed projects that could hiring. bassy security account. Indeed, in light soon lead to further defaults that will In order to have the right people in of the recent acts of war perpetrated cost the American taxpayers billions of the right place at the right time with against the American homeland, it dollars. I encourage all my colleagues the right skills to advance American would only be prudent, in my judg- to review the merits and cost of this interests, the Department has put for- ment, for the conferees to consider a and all programs which provide tax- ward an aggressive plan to bring in major increase over the administra- payer-funded support to special inter- over a 3-year period some 1,100 new em- tion’s request. ests. We should carefully weigh the ployees above attrition. Funding to Mr. DASCHLE. Mr. President, I want needs of those interests against the hire the full 360 employees is one of the to thank Chairman HOLLINGS and Sen- needs of our Nation as a whole. We are Department of State’s highest prior- ator GREGG for working with other sen- going to have to make some very dif- ities and is supported by the authoriza- ators and me to accept an amendment ficult budget choices in the weeks tion marks of both the House Inter- that will ensure that eligible bene- ahead and I hope that we can come to- national Relations Committee and the ficiaries may receive compensation gether to ensure those choices are in Senate Foreign Relations Committee, under the Radiation Exposure Com- the best interest of all Americans. as well as by the House appropriators pensation Act (RECA). NOAA LABORATORY IN LAFAYETTE, LOUISIANA on the Commerce-State-Justice bill. Over a year ago, Senator HATCH and Mr. BREAUX. First, I’d like to thank Moreover, the hiring of 186 additional I worked together to update RECA to Senator HOLLINGS and Senator GREGG diplomatic security professionals, 86 ensure it took into account the latest for all of their help over the last four diplomatic security agents, 9 security scientific evidence and to extend bene- years in trying to establish a strong engineers, 10 security technicians, and fits to new groups of workers, includ- NOAA presence in Lafayette, Lou- 81 civil service infrastructure support ing uranium mill workers and ore isiana. Their efforts are most appre- employees, is critical to the Depart- transporters. In addition, we extended ciated by me and by the State of Lou- ment’s efforts to improve the security eligibility for compensation beyond the isiana. of our overseas personnel, facilities and group of five States identified in the Many of my colleagues may not real- national security information. original law, to additional States ize that Congress appropriated close to Finally, the reductions to the De- where uranium mining occurred, in- $14 million in the 1991 Commerce, Jus- partment’s overseas construction ac- cluding South Dakota. tice, State appropriations bill to build count, $219 million and applying $154 Due to the concerns about the a much needed multi-agency, federal million in prior year construction bal- amount of funding available for this laboratory in Lafayette for the study ances to fiscal year 2002 requirements, program, language was included in of coastal problems in the Northern will make it more difficult to meet the both the fiscal year 2001 and fiscal year Gulf of Mexico. While the building was very ambitious buildings program that 2002 Commerce, Justice and State Ap- completed long ago, it is still eighty the Secretary of State has planned. propriations bill limiting the payment percent vacant because of a political I understand that the committee has of compensation to the original RECA disagreement. Report language was in- maintained funding for embassy secu- beneficiaries. While I share concerns cluded in 1995 C,J,S appropriations re- rity in the diplomatic and consular about the limited amount of funding port that NOAA says prevents it from programs and embassy security, con- available, I cannot support this ap- ever occupying or using these state-of- struction, and maintenance accounts proach to the problem. Those added to the-art facilities. I have worked since at approximately last year’s levels. RECA in 2000 are now legally entitled 1998 to remove this restriction with lit- However, the failure by the committee to compensation and should have their tle success. to provide the administration’s re- claims paid along with original bene- In the intervening years, the prob- quested increases for additional secu- ficiaries. lems in the Gulf of Mexico originally rity personnel and construction could We simply must do a better job of identified for study at this facility severely hamper the Department of funding RECA in the future. Last year, have grown progressively worse and are State’s multiyear effort to improve se- many beneficiaries received IOUs from having greater and greater negative curity for American personnel serving the Federal Government because inad- impacts on Louisiana and the nation. in our embassies overseas. For exam- equate funding was available to pay Our wetlands continue to disappear, ple, within the funds that the com- their claims. To ensure adequate fund- many important marsh lands have mittee provides for construction, fund- ing over the long term, I already have mysteriously died, and the size of the ing is earmarked for projects not on cosponsored legislation to make fund- so-called ‘‘Dead Zone’’ has grown to the list of the most urgent, security- ing for RECA mandatory. I am com- 8,000 square miles.

VerDate 31-AUG-2001 04:47 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.040 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9387 With over 3 million acres, Louisiana That is why I rise today to respect- Mr. REID. I announce that the Sen- is home to 40% of the coastal wetlands fully request that $1.5 million be added ator from Connecticut (Mr. DODD), the in the United States and is experi- in the FY 2002 C,J,S appropriations bill Senator from Massachusetts (Mr. KEN- encing over 80% of the nation’s wet- for planning and design of a new re- NEDY), and the Senator from Maryland lands loss. Our state is lowing 25–35 search facility in Lafayette, Louisiana (Ms. MIKULSKI) are necessarily absent. square miles of coastal wetlands per to be occupied by NOAA for the study The PRESIDING OFFICER. Are there year. The United States loses one acre of coastal and fisheries problems in the any other Senators in the Chamber de- of productive coastal wetlands in Lou- Northern Gulf of Mexico. Let me be siring to vote? isiana every 24 minutes. In the next ten clear, I would prefer for NOAA to oc- The result was announced—yeas 97, years, Louisiana will lose wetlands cupy the current facility. I want to nays 0, as follows: equal to the size of San Diego. thank Senators HOLLINGS and GREGG [Rollcall Vote No. 279 Leg.] These wetlands play a critical role in again for helping me to try to do this, YEAS—97 our national and local economy. As but time is running out. Louisiana and Akaka Durbin McCain much as 28% of the nation’s fisheries the nation can not wait yet another Allard Edwards McConnell harvest comes from Louisiana’s coast. year. Allen Ensign Miller These shrimp, crab, crawfish, oyster The PRESIDING OFFICER. The ma- Baucus Enzi Murkowski and finfish fisheries (over 1.1 billion jority leader. Bayh Feingold Murray Bennett Feinstein Nelson (FL) pounds per year landed in Louisiana Mr. DASCHLE. Mr. President, for the Biden Fitzgerald Nelson (NE) alone) are dependent on our coastal interest of all Senators, we are about Bingaman Frist Nickles wetlands. Louisiana’s fisheries alone to have final passage on this bill. I con- Bond Graham Reed are comparable to the annual catch on gratulate our two managers. This has Boxer Gramm Reid Breaux Grassley Roberts the entire Atlantic seaboard. been quite an ordeal. I congratulate Brownback Gregg Rockefeller Louisiana’s coast also provides win- them on their successful completion of Bunning Hagel Santorum tering habitat for over 5 million water- the bill. Burns Harkin Sarbanes fowl every year, nearly 20 percent of We have a number of nominees I Byrd Hatch Schumer Campbell Helms Sessions the entire winter population of ducks want to be able to consider and, if nec- Cantwell Hollings Shelby and geese in the United States. The ex- essary, have votes on the nominations. Carnahan Hutchinson Smith (NH) tensive coastal oil and gas infrastruc- During this vote, we are going to be Carper Hutchison Smith (OR) Chafee Inhofe Snowe ture that this nation relies so heavily consulting with certain Senators about Cleland Inouye Specter on is also at risk as it becomes increas- whatever requirements there may be Clinton Jeffords Stabenow ingly exposed to greater storm energies on a couple of these nominations. If Cochran Johnson Stevens without the protection of the marsh. necessary, I would like to have these Collins Kerry Thomas The national economic benefits of Conrad Kohl Thompson votes tonight if they are going to be re- Corzine Kyl Thurmond Louisiana’s coast include: quired, but we will be able to make Craig Landrieu Torricelli $30 billion per year in petroleum products; that announcement shortly after the Crapo Leahy Voinovich $7.4 billion per year in Natural Gas (21% of vote, or perhaps during the vote, for Daschle Levin Warner the nation’s supply); Dayton Lieberman Wellstone $400 million tons per year of waterborne those who are interested. DeWine Lincoln Wyden commerce; The other outstanding piece of busi- Domenici Lott $2.8 billion per year in commercial fishing; ness I would like to be able to complete Dorgan Lugar $1.6 billion per year in recreational fishing; before the end of the week is, of course, NOT VOTING—3 $2.5 million per year in fur harvest (40% of the supplemental appropriations bill. If Dodd Kennedy Mikulski the nation’s total; and the House acts, we will then be in a po- $40 million per year in alligator harvests. The bill (H.R. 2500), as amended, was sition to act on this side. I do not know In the years that we have been wag- passed. yet the status of that particular piece ing the political fight over the NOAA (The bill will be printed in a future of legislation. That may require a vote laboratory in Lafayette, my state has edition of the RECORD.) tomorrow morning. experienced a number of other dev- As I said in our joint caucus this Mr. HOLLINGS. Mr. President, I astating problems which have a major afternoon, my hope is that we can move to reconsider the vote. impact on these resources and des- avoid having votes after the memorial Mr. GREGG. I move to lay that mo- perately need to be fully studied. Last service tomorrow afternoon. That is tion on the table. year we lost more than 30 square miles not only my hope, my expectation, The motion to lay on the table was of salt march grass in an unprece- with the caveat, of course, we have agreed to. dented phenomenon that could mean been able to resolve these matters suc- The PRESIDING OFFICER. Under an advanced rate of loss for our coast cessfully. the previous order, the Senate insists in the years to come. These threats to I urge colleagues not to leave after on its amendments and requests a con- our coastline and our fisheries are com- this vote until we are absolutely cer- ference with the House on the dis- pounded by the horrific growth in the tain that no rollcall votes are going to agreeing votes of the two Houses and hypoxic zone, or Dead Zone, where ex- be required on the nominees that I appoints the following conferees on the tremely low levels of oxygen suffocate would like to consider yet tonight. I part of the Senate. shellfish and drive out all other forms yield the floor. The PRESIDING OFFICER (Mr. DAY- of marine life. Each summer, the Dead The PRESIDING OFFICER. The TON) appointed Mr. HOLLINGS, Mr. Zone increases in size and covers an question is on the engrossment of the INOUYE, Ms. MIKULSKI, Mr. LEAHY, Mr. area off of Louisiana’s coast that is amendments and third reading of the KOHL, Mrs. MURRAY, Mr. REED, Mr. roughly the size of the State of New bill. BYRD, Mr. GREGG, Mr. STEVENS, Mr. Jersey. I’d like to submit for the record The amendments were ordered to be DOMENICI, Mr. MCCONNELL, Mrs. to following Times-Picayune story engrossed and the bill to be read a HUTCHISON, Mr. CAMPBELL, and Mr. which shows that this oxygen-deprived third time. COCHRAN conferees on the part of the zone continues to grow. The bill was read the third time. Senate. While this issue has attracted atten- Mr. HOLLINGS. I ask for the yeas f tion and resources from the federal and nays. government, there remains a serious The PRESIDING OFFICER. Is there a AMENDMENT NO. 1563 shortage of research in the Northern sufficient second? Mr. GREGG. Mr. President, I ask Gulf. The problems are astounding and There is a sufficient second. unanimous consent that it be in order, solving them is critical to the eco- The PRESIDING OFFICER. The bill after passage of H.R. 2500, for the Sen- nomic and cultural future of the State having been read the third time, the ate to consider a Collins amendment, of Louisiana and this nation. However, question is, Shall the bill pass? The which is at the desk; that the amend- these problems are not fully under- clerk will call the roll. ment be considered agreed to, and the stood and we will not be able to effec- The assistant legislative clerk called motion to reconsider be laid upon the tively solve them until we do. the roll. table.

VerDate 31-AUG-2001 04:47 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.042 pfrm02 PsN: S13PT1 S9388 CONGRESSIONAL RECORD — SENATE September 13, 2001 The PRESIDING OFFICER. Is there cially those who are American citizens, did—at their own peril, at their own objection? and indeed others who are here for var- demise, but being tremendous heroes to Without objection, it is so ordered. ious reasons. This terrible crisis should this country. The PRESIDING OFFICER. The not reflect across the board on that So it has been that kind of day. We clerk will report the amendment by culture. For it, I think, will eventually have gone from the swings of the emo- number. be seen as a very small fraction. I com- tion of the lows, with those kinds of The legislative clerk read as follows: mend the President for our meeting grief-stricken experiences, to the highs The Senator from New Hampshire (Mr. today. of where we have never seen this place GREGG), for Ms. COLLINS, proposes an amend- I have for over 40 years had the privi- so unified. We have never seen both ment numbered 1563. lege and the opportunity to be in the sides of the aisle come together as they The PRESIDING OFFICER. Without Oval Office. I started with President have in recent American political his- objection, the amendment is agreed to. Eisenhower as a young person in the tory. We have never seen the unity of The amendment (No. 1563) was agreed White House. I have been in that office the legislative branch of Government to, as follows: with every successive President on a and the executive branch. (Purpose: To provide funding for the Rapid variety of matters. Our President, in So it has been an extraordinary day. Response Program in Washington and Han- the brief meeting of about 20 minutes It has been an extraordinary 3 days. I cock Counties, Maine) or so with the two Senators from New am just grateful to be one participant, On page 34, line 5, after ‘‘Act’’ insert ‘‘, of York, my colleague, GEORGE ALLEN, along with my colleague from Min- which $250,000 shall be for a grant to the myself, Condoleeza Rice, and Andrew nesota, who is the Presiding Officer. Rapid Response Program in Washington and Card, his chief, was absolutely calm. I will defer to the great leader we Hancock Counties, Maine’’. He was comfortable. He was knowl- have from the State of Nevada, a man Mr. GREGG. Mr. President, I thank edgeable. You got the feeling that he is who is the glue that pulls us all to- the chairman of the committee for the a President who knew precisely what gether, who gives the support that is tremendous effort he has done on this was going on and what has to be done. the right hand to our great majority bill and for his very courteous ap- He was resolute and spoke with clarity leader. It is my privilege to relinquish proach to the Republican membership about how he will take certain steps to the floor so he might speak. as we brought this bill forward. right the criminal wrongs that have The PRESIDING OFFICER. The Sen- I thank his staff, led by Lila Helms, been done against our country in due ator from Nevada. who did a superb job. I especially thank course. He is going to do it on his own Mr. REID. Mr. President, I express my staff who worked hours, nights and timetable—nobody will pressure him— my appreciation to my friend from days in many instances, led by Jim when he has the facts in hand to hold Florida for those flattering words. Morhard, who has done an extraor- those accountable for these crimes f dinary job to bring this bill to its against our country. present status. It is an excellent bill. I am very proud of our President. In- MORNING BUSINESS I appreciate the support of the Sen- deed, he said that this is going to take Mr. REID. Mr. President, I ask unan- ate. I thank the Members who sup- time. It might not be one; it might be imous consent that the Senate now ported this bill. two; who knows how many actions we proceed to a period of morning business Mr. HOLLINGS. Mr. President, let will have to take. But let there be no with Senators allowed to speak therein me thank the distinguished Senator doubt that this country is resolute in for a period not to exceed 5 minutes from New Hampshire. We could not its determination, and that our citi- each. have passed this bill without his lead- zens will be proud of the manner in The PRESIDING OFFICER. Without ership and without his cooperation, which men and women of the Armed objection, it is so ordered. and particularly without his vision Forces and all other portions of our f with respect to terrorism. The Senator Government will respond to this crisis THE HAPPY HOOLIGANS from New Hampshire was our chairman and do whatever we can to see that it back in May. He held 3 days of hearings doesn’t happen again. Mr. CONRAD. Madam President, that got this comprehensive provision I thank the Chair. I yield the floor. when the Pentagon was attacked and in the particular State-Justice-Com- f F–16s were scrambled from Langley Air merce appropriations measure. Force Base, those fighter planes were Let me also thank his staff: Jim A DAY OF EMOTIONS the 119th Fighter Wing of the North Morhard, Kevin Linskey, Katherine Mr. NELSON of Florida. Mr. Presi- Dakota National Guard. I didn’t know Hennessey, and Nancy Perkins; and, of dent, as we wind up this extraordinary that myself when I saw those planes course, my own staff: Lila Helms, Jill day, it has been a day of tremendous flying. I can tell you, they made an Shapiro Long, Dereck Orr, and Luke emotional swings. Earlier this morn- awful lot of us feel much more secure Nachbar. ing, I came to this floor grief stricken when we saw F–16 fighter planes in the I thank particularly the staff that having just talked to a family from air protecting Washington, DC. So really gets it done: Lula Davis, Marty Florida who had lost one of their mem- imagine my surprise and my pride Paione, Peter Arapis, Gary Myrick, bers. Later on in the day, I talked to a when I learned that those were North and Tim Mitchell; the distinguished police officer, now a widower of the Dakota National Guard fighter planes. majority leader; and, most of all, the flight attendant on the airliner that This is the group we affectionately distinguished assistant majority leader crashed in Pennsylvania who called her call in North Dakota the Happy Hooli- who has been working around the husband telling him that it had been gans. The Happy Hooligans are Amer- clock. He is still working. I want him hijacked and that she wanted to tell ica’s best. The Happy Hooligans have to hear my words of praise because him that she loved him and she wanted been called the best fighter unit on the HARRY REID of Nevada really got us their boys to know that she loved planet Earth. They have been called moving and got these things accom- them. That is the flight that we have that because the Happy Hooligans have plished. I couldn’t feel more personally heard so many reports was targeted been recognized in competition after indebted to him for his leadership. coming into Washington. It had made a competition as America’s best. Not I yield the floor. 180-degree turn, having left Newark, only have they won the competitions— The PRESIDING OFFICER. The Sen- westbound, and was headed to Wash- the William Tell award, for example— ator from Virginia is recognized. ington. In fact, we have heard so many as the best active fighting unit in the Mr. WARNER. Mr. President, I was stories of other cellular telephone calls United States, but they have not only at the White House today with the from the airplane that would indicate been in competition with other Na- President discussing all aspects of this that the passengers, who were the real tional Guard units but the regular Air present crisis. In the course of the con- heroes, had indicated they knew that Force. The Happy Hooligans come out versations, he specifically referred to the hijackers were intent on harm to No. 1. the fact that America must be under- the Nation, and they were going to So not only are we incredibly proud standing of those of Arab dissent, espe- overcome the hijackers. In fact, they in North Dakota that a key part of this

VerDate 31-AUG-2001 04:47 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.093 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9389 Nation’s defense at this time of trag- The true scope of the piracy problem, attention of the United Nations’ Inter- edy and attack was from North Dakota however, is not known. Despite numer- national Maritime Organization, IMO. but that we sent our very best and that ous press reports, current sea piracy The IMO encourages cooperation our very best are America’s very best. statistics are incomplete. There is no among governments in the area of reg- f consensus among reporting organiza- ulations and standards concerning tions on what constitutes a reportable maritime safety. Since 1998, the IMO GROWING PROBLEM OF PIRACY AT piracy attack. Although the definition has sponsored a series of seminars SEA under international law requires that around the world to study the piracy Mr. AKAKA. Mr. President, I rise the attack occur on the high seas, problem and heighten awareness. At a today to call attention to the growing some organizations include attacks at June 2001 meeting the IMO renewed its problem of piracy at sea. The days of port. In addition, it appears that in- call for all governments and industry Blackbeard and Captain Kidd may be stances of piracy among noncommer- to intensify their efforts to eradicate gone, but pirates are still with us. cial vessels such as yachts and regional sea piracy and encouraged regional In February 2001 the International fishermen may be significantly under- agreements supported by appropriate Maritime Bureau, IMB, of the Inter- reported. national piracy laws and adequate en- national Chamber of Commerce re- Although the risk of attack on U.S. forcement and prosecutorial capabili- ported that piracy attacks jumped 57 flag ships is not significant, piracy is a ties. The IMO also approved a draft res- percent from 1999 to 2000. The IMB re- problem for our trading partners in olution for submission to the U.N. Gen- ported a total of 469 attacks on ships Asia. The nations of this region ac- eral Assembly session in November either at sea, at anchor, or in port. To- count for more than $435 billion in 2001. day’s pirates prowl the sea in speed- trade with the U.S., more than any As the Bush administration reviews boats, armed with automatic weapons, other region in the world. Approxi- its policy on the issue of sea piracy, I satellite phones, and global positioning mately 98 percent of this commerce strongly encourage consideration of devices. They are often backed by orga- moves by sea. The Malacca Straits, the following points: (1) We need better nized crime syndicates, making use of separating the Malay Peninsula with statistics on pirate attacks to assess forged registration documents and bills the island of Sumata, is one of the the national security risks. More de- of lading to offload hijacked cargo. most important shipping lanes in the tailed reporting and analysis is needed Rarely are hijacked ships recovered or world. Surrounded by the nations of In- to determine the appropriate response pirates arrested. donesia, Malaysia, and Singapore, it is to this problem. (2) The U.S. should We should be concerned with this be- the shortest route between the Indian commend those nations in the region cause U.S. trade and national security Ocean and the South China Sea. Asian that are attempting to police the wa- depend upon maritime transportation. allies, dependent on oil imports from ters within their jurisdiction and re- Ninety percent of the world’s cargo is the Arabian Gulf, rely upon ships pass- duce the number of pirate attacks. (3) carried over the seas. In addition to its ing safely through the straits. It also The U.S. should encourage further re- role in foreign commerce, our Nation’s happens to be a pirate hot spot. gional cooperation, such as the recent The piracy problem in Southeast merchant shipping fleet provides vital agreement between Japan and South- Asia has resulted in several regional national security sealift in the event of east Asian nations regarding joint responses. In July 2000 Indonesia set up war or other crisis. Crews and cargo training exercises. (4) Finally, the U.S. a special court to try piracy cases. In are coming under increasing attack should continue to support the actions November 2000 the Japanese sent a from pirates. Through violence or the of the United Nations in addressing the coast guard vessel to India and Malay- threat of force, pirates are boarding issue of sea piracy. This would include sia to participate in joint exercises. In vessels and looting cargo. Last year, determining the scope of the problem, January 2001 Malaysia launched an op- whether regional actions are adequate, there were 72 reported deaths of mari- eration to reduce piracy in the Malacca ners and 99 injuries due to pirate at- whether further legislation is needed in Straits in cooperation with Indonesia, some countries, and how the U.N. can tacks. Singapore, and Thailand. In June 2001 Maritime crime, in general, can take be of assistance in drafting these new the Japanese Coast Guard announced laws and encouraging more effective many forms including low-level as- that it is planning to send patrol boats saults, thefts, armed robbery, orga- enforcement capabilities. to the region periodically to partici- Modern-day piracy must be stopped, nized hijacking, environmental crimes, pate in joint training exercises. and the United States can and should and smuggling of humans or contra- The U.S. has also responded to this be an active partner in the fight band. Criminals use violence or the issue through the U.S. Coast Guard, against pirate attacks. threat of violence to target seafarers, USCG. The Coast Guard’s Deepwater f cargo, and ships. Attacks may occur Program is responsible for conducting while at dock, in territorial waters, or operations 50 miles or more out to sea. LOCAL LAW ENFORCEMENT ACT on the high seas. Piracy can result in The Coast Guard is leveraging its mari- OF 2001 immediate loss of life and property and time law enforcement expertise by pro- Mr. SMITH of Oregon. Mr. President, may present a threat to navigational viding training to foreign maritime I rise today to speak about hate crimes safety. law enforcement agencies to combat legislation I introduced with Senator Under international law, piracy is de- sea piracy. For example, in June 2001 KENNEDY in March of this year. The fined as theft or other illegal acts of vi- the USCG led a cooperation afloat Local Law Enforcement Act of 2001 olence committed on the high seas for readiness and training, CARAT, exer- would add new categories to current private gain by the crew of a private cise on maritime law enforcement hate crimes legislation sending a sig- ship against another ship, or the per- techniques with the Royal Thai Navy. nal that violence of any kind is unac- sons or property on board. The phrase CARAT is an annual series of bilateral ceptable in our society. ‘‘on the high seas’’ is a legal term of exercises between the American mili- I would like to describe a terrible art. It is any area not within the terri- tary and that of several Asian nations crime that occurred August 26, 2001, in torial sea, or sovereignty, of another including Indonesia, Malaysia, Singa- Portland, OR. Lorenzo Okaruru, ac- state. Under the United Nations Con- pore, the Philippines, and Brunei. Al- cording to detectives, died after being vention on the Law of the Sea, a though well-suited for this mission the savagely beaten about the head and state’s territorial sea extends 12 nau- Coast Guard is currently ill-equipped. face with a blunt instrument, most tical miles from its coastline. Piracy It is in the process of modernizing its likely by a man who picked up some- on the high seas is considered a crime aging fleet to carry out more deep- one he thought was a woman and was against all nations. Accordingly, under water missions. The current plan calls angered to find out Okarura was a international law every state has the for the replacement of approximately man. Law enforcement officials have right to seize pirate ships on the high 100 cutters and more than 200 aircraft said they believe Okaruru was killed seas and arrest pirates who are subject in the Deepwater Program. based on sexual orientation or gender to the jurisdiction of the courts of the The rise in the number and serious- identity. The Washington County Sher- state which carried out the arrest. ness of pirate attacks has drawn the iff’s Office last week classified

VerDate 31-AUG-2001 04:47 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.100 pfrm02 PsN: S13PT1 S9390 CONGRESSIONAL RECORD — SENATE September 13, 2001 Okaruru’s August 26 beating as a hate Quality Award by the Department of resentatives regarding the terrorist attacks crime, the first such killing in the Veterans’ Affairs. This award is VA’s launched against the United States on Sep- county. highest recognition for quality tember 11, 2001. I believe that government’s first duty achievement. The Carey Award honors At 2:15 p.m., a message from the is to defend its citizens, to defend them VA offices that demonstrate organiza- House of Representatives, delivered by against the harms that come out of tional effectiveness and high-quality Ms. Niland, one of its reading clerks, hate. The Local Law Enforcement En- service to our Nation’s veterans. The announced that the House has passed hancement Act of 2001 is now a symbol award encourages efficient manage- the following bill, in which it requests that can become substance. I believe ment by prominently honoring the the concurrence of the Senate: that by passing this legislation, we can VA’s highest performing offices. change hearts and minds as well. The Albuquerque Pharmacy Coordi- H.R. 2882. An act to provide for the expe- nating Council Center truly deserves dited payment of certain benefits for a pub- f lic safety officer who was killed or suffered a this great honor. The center was found- catastrophic injury as a direct and proxi- COMMENDING THE SERVICE OF ed in 1972 as a part of VA’s Cooperative NANCY T. NORTON mate result of a personal injury sustained in Services Program. This program is re- the line of duty in connection with the ter- Mr. WARNER. Mr. President, I rise sponsible for planning and conducting rorist attacks of September 11, 2001. today for the Senate to recognize the the large multicenter clinical trials The message also announced that the dedication and professional contribu- within VA, and the Albuquerque center House has agreed to the following con- tions made to the United States Senate manages all of the pharmaceutical as- current resolution, in which it requests and the Commonwealth of Virginia by pects of these trials. The center plays a the concurrence of the Senate: one of my valuable staff members, critical role in planning VA’s clinical H. Con. Res. 225. Concurrent resolution ex- Nancy T. Norton. trials, packaging clinical trial mate- pressing the sense of Congress that, as a For 2 years Nancy has effectively rials, and monitoring the implementa- symbol of solidarity following the terrorist served as my Legislative Assistant for tion of clinical trials. These trials have attacks on the United States on September Military and Foreign Affairs. She has benefitted not only our Nation’s vet- 11, 2001, every United States citizen is en- worked tirelessly in this position to erans, but have improved the health of couraged to display the flag of the United provide sound counsel to me in the for- our entire Nation, by contributing to States. mation of military and foreign policy. the rapidly increasing body of medical At 4:36 p.m., a message from the More importantly, Nancy brought to knowledge. House of Representatives, delivered by this position endless energy and a The center has a staff of over 60 high- Mr. Hays, one of its reading clerks, an- wealth of compassion and caring as she ly trained and experienced pharmacy nounced that the House has passed the worked on legislation to improve the and management professionals and following bill, in which it requests the quality of life for the men and women technicians. Through the efforts of concurrence of the Senate: of the armed forces, our nation’s mili- these outstanding employees and under tary retirees and our veterans. the excellent leadership of Director Dr. H.R. 2884. An act to amend the Internal Nancy’s distinguished professional Mike Sather, the center has developed Revenue Code of 1986 to provide tax relief for victims of the terrorist attacks against the career is one of many accomplish- a solid reputation within the medical United States on September 11, 2001. ments. After having graduated from research community. In fact, the cen- ENROLLED JOINT RESOLUTION SIGNED the United States Naval Academy, ter has contributed to ground-breaking The following enrolled joint resolu- Nancy began her service to the country medical research in developing treat- tion, previously signed by the Speaker as a Naval Officer and aviator flying ments for a wide range of diseases from of the House, was signed today, Sep- the C–130 aircraft. Among the positions cancer to heart disease to mental ill- tember 13, 2001, by the President pro she held during her military career, she ness. The center has also demonstrated tempore (Mr. BYRD). served as a pilot instructor for the E– its proficiency in its successful collabo- 6A aircraft and flew worldwide logistic rations with such institutions as the S.J. Res. 22. A joint resolution expressing support missions for the Department of National Institutes of Health, specifi- the sense of the Senate and House of Rep- resentatives regarding the terrorist attacks Defense, including those in support of cally the National Heart, Lung and launched against the United States on Sep- the Joint Chiefs of Staff in and around Blood Institute and the National Insti- tember 11, 2001. the Pacific Theater. Later, Nancy tute of Mental Health, as well as the f served as a Congressional Liaison Offi- centers for Disease Control and Preven- cer and a Department of Defense Legis- tion. MEASURES REFERRED lative Detailee in the offices of Senator The recognition of the Albuquerque The following bill was read the first SUSAN COLLINS and former Virginia center by the VA should come as no and the second times by unanimous Congressman Norman Sisisky. surprise to anyone familiar with its consent, and referred as indicated: After a time in the private sector, history. In fact, the center has pre- H.R. 2884. An act to amend the Internal Nancy returned to public service as a viously been recognized for its achieve- Revenue Code of 1986 to provide tax relief for member of my staff. She has been a ments by Quality New Mexico and has victims of the terrorist attacks against the tremendous asset to me as she brought received both the Roadrunner Recogni- United States on September 11, 2001; to the her integrity and professionalism to tion and the Pin˜ on Award. I congratu- Committee on Finance. every task she undertook. All of the late the exceptional leadership and the f members of my staff join me in wishing devoted staff of the Albuquerque Phar- her every success in the next chapter of macy Coordinating Council Center on MEASURES READ THE FIRST TIME her career. this fine achievement, and I look for- The following bills were read the first f ward to their future accomplishments time: in improving the health of our Nation ADDITIONAL STATEMENTS H.R. 2833. An act to promote freedom and and demonstrating our continued com- democracy in Viet Nam. mitment to our Nation’s veterans.∑ H.R. 2291. An act to extend the authoriza- TRIBUTE TO ALBUQUERQUE COOP- f tion of the Drug-Free Communities Support Program for an additional 5 years, to author- ERATIVE STUDIES PROGRAM MESSAGES FROM THE HOUSE ize a National Community Antidrug Coali- CLINICAL RESEARCH PHARMACY At 9:35 a.m., a message from the tion Institute, and for other purposes. COORDINATING COUNCIL CENTER House of Representatives, delivered by f ∑ Mr. DOMENICI. Mr. President, I rise Ms. Niland, one of its reading clerks, today to recognize the Cooperative announced that the House has passed ENROLLED JOINT RESOLUTION Studies Program Clinical Research the following joint resolution, without PRESENTED Pharmacy Coordinating Council Center amendment: The Secretary of the Senate reported in Albuquerque, NM. This center will S.J. Res. 22. Joint resolution expressing that on today, September 13, 2000, she soon be awarded the Robert W. Carey the sense of the Senate and House of Rep- had presented to the President of the

VerDate 31-AUG-2001 04:47 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G13SE6.101 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9391 United States the following enrolled mitting, pursuant to law, a report relative to ceived on September 7, 2001; to the Com- joint resolution: commercial activities inventory; to the mittee on Banking, Housing, and Urban Af- Committee on Governmental Affairs. fairs. S.J. Res. 22. A joint resolution expressing EC–3834. A communication from the Execu- EC–3845. A communication from the Direc- the sense of the Senate and House of Rep- tive Director of the Committee for Purchase tor of the Office of Congressional Affairs, Nu- resentatives regarding the terrorist attacks from People Who are Blind or Severely Dis- clear Regulatory Commission, transmitting, launched against the United States on Sep- abled, transmitting, pursuant to law, the re- pursuant to law, the report of a rule entitled tember 11, 2001. port of additions to the procurement list re- ‘‘List of Approved Spent Fuel Storage Casks: f ceived on September 7, 2001; to the Com- NAC–MPC Revision’’ (RIN3150–AG83) re- EXECUTIVE AND OTHER mittee on Governmental Affairs. ceived on August 27, 2001; to the Committee EC–3835. A communication from the Acting on Environment and Public Works. COMMUNICATIONS Chairman of the National Credit Union Ad- EC–3846. A communication from the Prin- The following communications were ministration, transmitting, pursuant to law, cipal Deputy Associate Administrator of the laid before the Senate, together with the report of the Inventory of Commercial Environmental Protection Agency, transmit- accompanying papers, reports, and doc- Activities for 2001; to the Committee on Gov- ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Air uments, which were referred as indi- ernmental Affairs. EC–3836. A communication from the Acting Quality Implementation Plans; State of Col- cated: Administrator, Rural Utilities Service, De- orado; Denver 1-Hour Ozone Redesignation of EC–3825. A communication from the Direc- partment of Agriculture, transmitting, pur- Attainment, Designation of Area for Air tor of the Office of Management and Budget, suant to law, the report of a rule entitled ‘‘7 Quality Planning Purposes, and Approval of Executive Office of the President, transmit- CFR Part 1755, Telecommunications System Related Revisions’’ (FRL7044–8) received on ting, a report relative to the Crop Year 2001 Construction Contract and Specifications’’ September 5, 2001; to the Committee on Envi- Agricultural Economic Assistance Act; to (RIN0572–AB41) received on September 7, ronment and Public Works. the Committee on the Budget. 2001; to the Committee on Agriculture, Nu- EC–3847. A communication from the Prin- EC–3826. A communication from the Direc- trition, and Forestry. cipal Deputy Associate Administrator of the tor of the Office of Regulations Management, EC–3837. A communication from the Con- Environmental Protection Agency, transmit- Veterans Benefits Administration, Depart- gressional Review Coordinator , Animal and ting, pursuant to law, the report of a rule en- ment of Veterans Affairs, transmitting, pur- Plant Inspection Service, Department of Ag- titled ‘‘Approval and Promulgation of Air suant to law, the report of a rule entitled riculture, transmitting, pursuant to law, the Quality Implementation Plans; State of Col- ‘‘Certification for Eligibility for Adaptive report of a rule entitled ‘‘Commuted Travel- orado; Trip Reduction, and Reduction of Die- Equipment for Automobiles or Other Con- time Periods: Overtime Services Relating to sel Vehicle Emissions’’ (FRL7044–6) received veyances’’ (RIN2900–AK96) received on Au- Imports and Exports’’ (Doc. No. 00–017–1) re- on September 5, 2001; to the Committee on gust 25, 2001; to the Committee on Veterans’ ceived on September 7, 2001; to the Com- Environment and Public Works. EC–3848. A communication from the Prin- Affairs. mittee on Agriculture, Nutrition, and For- cipal Deputy Associate Administrator, Envi- EC–3827. A communication from the Assist- estry. ant Secretary of Legislative Affairs, Depart- EC–3838. A communication from the Acting ronmental Protection Agency, transmitting, ment of State, transmitting, pursuant to Administrator, Rural Utilities Services, De- pursuant to law, the report of a rule entitled law, a report relative to the designation of a partment of Agriculture, transmitting, pur- ‘‘Approval and Promulgation of State Plans for Designated Facilities and Pollutants; twenty-five percent danger pay allowance for suant to law, the report of a rule entitled ‘‘7 States of Iowa, Kansas, Missouri, and Ne- the Gaza Strip, the West Bank and the CFR Part 1755, RUS Standard for Service In- braska’’ (FRL7052–7) received on September Former Yugoslav Republic of Macedonia; to stallations at Customer Access Locations’’ 5, 2001; to the Committee on Environment the Committee on Foreign Relations. received on September 7, 2001; to the Com- and Public Works. EC–3828. A communication from the Assist- mittee on Agriculture, Nutrition, and For- ant Legal Advisor for Treaty Affairs, Depart- EC–3849. A communication from the Prin- estry. cipal Deputy Associate Administrator of the ment of State, transmitting, pursuant to EC–3839. A communication from the Gen- law, the report of a list of agreements and Environmental Protection Agency, transmit- eral Counsel of the National Credit Union ting, pursuant to law, the report of a rule en- backgrounds statements concerning inter- Administration, transmitting, pursuant to titled ‘‘Revisions to the California State Im- national agreements other than treaties; to law, the report of a rule entitled ‘‘12 CFR plementation Plan, Bay Area Air Quality the Committee on Foreign Relations. Section 709.12 Prepayment Fees to Federal Management District and South Coast Air EC–3829. A communication from the Chief Home Loan Bank’’ received on September 7, Quality Management District’’ (FRL7045–9) of the Regulations Division, Bureau of Alco- 2001; to the Committee on Banking, Housing, received on September 5, 2001; to the Com- hol, Tobacco and Firearms, Department of and Urban Affairs. mittee on Environment and Public Works. the Treasury, transmitting, pursuant to law, EC–3840. A communication from the Gen- EC–3850. A communication from the Assist- the report of a rule entitled ‘‘Exportation of eral Counsel, National Credit Union Admin- ant Secretary of the Army, Civil Works, Tobacco Products and Cigarette Papers and istration, transmitting, pursuant to law, the transmitting, pursuant to law, a report rel- Tubes, Without Payment of Tax, or With report of a rule entitled ‘‘12 CFR Part 749 ative to appropriations for the Brigantine Drawback of Tax; Recodification of Regula- Records Preservation Program and Record Inlet to Great Egg Harbor Inlet, Brigantine tions (2001R–58P)’’ (RIN1512–AC47) received Retention Appendix’’ received on September Island, New Jersey; to the Committee on En- on September 7, 2001; to the Committee on 7, 2001; to the Committee on Banking, Hous- vironment and Public Works. Finance. ing, and Urban Affairs. EC–3851. A communications from the Chief EC–3830. A communication from the Chief EC–3841. A communication from the Gen- of the Programs and Legislation Division, of the Regulations Unit, Internal Revenue eral Counsel, Federal Emergency Manage- Office of Legislative Liaison, Department of Service, Department of the Treasury, trans- ment Agency, transmitting, pursuant to law, the Air Force, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule the report of a rule entitled ‘‘Changes in a report relative to the United States Air entitled ‘‘Domestic Asset/Liability and In- Flood Elevation Determinations’’ (Doc. No. Force Academy; to the Committee on Armed vestment Yield Percentages’’ (Rev. Proc. FEMA–B–7419) received on September 7, 2001; Services. 2001–48) received on September 7, 2001; to the to the Committee on Banking, Housing, and EC–3852. A communication from the Chief Committee on Finance. Urban Affairs. of the Programs and Legislation Division, EC–3831. A communication from the Regu- EC–3842. A communication from the Gen- Office of Legislative Liaison, Department of lations Coordinator, Center for Medicare and eral Counsel, National Credit Union Admin- the Air Force, transmitting, pursuant to law, Medicaid Service, Department of Health and istration, transmitting, pursuant to law, the a report relative to Maxwell Air Force Base; Human Services, transmitting, pursuant to report of a rule entitled ‘‘12 CFR Part 721— to the Committee on Armed Services. law, the report of a rule entitled ‘‘Medicare Incidental Powers’’ received on September 7, EC–3853. A communication from the Direc- Program; Payments for New Medical Serv- 2001; to the Committee on Banking, Housing, tor of Defense Procurement, Department of ices and New Technologies under the Acute and Urban Affairs. Defense, transmitting, pursuant to law, the Care Hospital Inpatient Prospective Pay- EC–3843. A communication from the Gen- report of a rule entitled ‘‘Review of Acquisi- ment System’’ (RIN0938–AL09) received on eral Counsel, National Credit Union Admin- tion Plans for Conventional Ammunition’’ September 7, 2001; to the Committee on Fi- istration, transmitting, pursuant to law, the (DFARS Case 2000–D030) received on Sep- nance. report of a rule entitled ‘‘12 CFR Section tember 6, 2001; to the Committee on Armed EC–3832. A communication from the Chair- 709.12—Prepayment Fees to Federal Home Services. man of the Defense Nuclear Facilities Safety Loan Bank’’ received on September 7, 2001; EC–3854. A communication from the Direc- Board, transmitting, pursuant to law, the to the Committee on Banking, Housing, and tor of Defense Procurement, Department of Annual Report on Commercial Activities for Urban Affairs. Defense, transmitting, pursuant to law, the 2000; to the Committee on Governmental Af- EC–3844. A communication from the Gen- report of a rule entitled ‘‘Iceland—Newly fairs. eral Counsel, National Credit Union Admin- Designated Country Under Trade Agree- EC–3833. A communication from the Acting istration, transmitting, pursuant to law, the ments Act’’ (DFARS Case 2001–D008) received Director of the Office of Resource Manage- report of a rule entitled ‘‘12 CFR Part 712— on September 6, 2001; to the Committee on ment, Federal Housing Finance Board, trans- Credit Union Service Organizations’’ re- Armed Services.

VerDate 31-AUG-2001 04:53 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.038 pfrm02 PsN: S13PT1 S9392 CONGRESSIONAL RECORD — SENATE September 13, 2001 EC–3855. A communication from the Direc- EC–3865. A communication from the Chief United States Coast Guard, Department of tor of Defense Procurement, Department of of Regulations and Administrative Law, Transportation, transmitting, pursuant to Defense, transmitting, pursuant to law, the United States Coast Guard, Department of law, the report of a rule entitled ‘‘Safety/Se- report of a rule entitled ‘‘Caribbean Basin Transportation, transmitting, pursuant to curity Zone Regulations; Milwaukee Home Country End Products’’ (DFARS Case 2000– law, the report of a rule entitled ‘‘Regatta Run 2001 Hog Rally Fireworks, Milwaukee, D302) received on September 6, 2001; to the Regulations; SLR; Wrightsville Channel, WI’’ ((RIN2115–AA97)(2001–0083)) received on Committee on Armed Services. Wrightsville Beach, North Carolina’’ September 7, 2001; to the Committee on Com- EC–3856. A communication from the Alter- ((RIN2115–AE46)(2001–0028)) received on Sep- merce, Science, and Transportation. nate OSD Federal Register Liaison Officer, tember 7, 2001; to the Committee on Com- EC–3875. A communication from the Chief Office of the Secretary, Department of De- merce, Science, and Transportation. of Regulations and Administrative Law, fense, transmitting, pursuant to law, the re- EC–3866. A communication from the Chief United States Coast Guard, Department of port of a rule entitled ‘‘Financial Institu- of Regulations and Administrative Law, Transportation, transmitting, pursuant to tions on DoD Installations’’ (RIN0790–AG73) United States Coast Guard, Department of law, the report of a rule entitled ‘‘Safety/Se- received on September 7, 2001; to the Com- Transportation, transmitting, pursuant to curity Zone Regulations; San Diego Bay’’ mittee on Armed Services. law, the report of a rule entitled ‘‘Draw- ((RIN2115–AA97)(2001–0095)) received on Sep- EC–3857. A communication from the Direc- bridge Regulations; Trail Creek, IN’’ tember 7, 2001; to the Committee on Com- tor of Defense Procurement, Department of ((RIN2115–AE47)(2001–0085)) received on Sep- merce, Science, and Transportation. EC–3876. A communication from the Chief Defense, transmitting, pursuant to law, the tember 7, 2001; to the Committee on Com- of Regulations and Administrative Law, report of a rule entitled ‘‘Reporting Require- merce, Science, and Transportation. United States Coast Guard, Department of ments Update’’ (DFARS Case 2001–D004) re- EC–3867. A communication from the Chief Transportation, transmitting, pursuant to ceived on September 7, 2001; to the Com- of Regulations and Administrative Law, law, the report of a rule entitled ‘‘Regatta mittee on Armed Services. United States Coast Guard, Department of Regulations; SLR; Nanticoke River, EC–3858. A communication from the Direc- Transportation, transmitting, pursuant to Sharptown, Maryland’’ ((RIN2115–AE46)(2001– tor of Defense Procurement, Department of law, the report of a rule entitled ‘‘Regatta 0029)) received on September 7, 2001; to the Defense, transmitting, pursuant to law, the Regulations; SLR; Hampton River, Hampton, Committee on Commerce, Science, and report of a rule entitled ‘‘DoD Pilot Mentor- Virginia’’ ((RIN2115–AE46)(2001–0030)) re- Transportation. Protege Program’’ (DFARS Case 2001–D006) ceived on September 7, 2001; to the Com- EC–3877. A communication from the Para- received on September 6, 2001; to the Com- mittee on Commerce, Science, and Transpor- legal Specialist of the Federal Aviation Ad- mittee on Armed Services. tation. ministration, Department of Transportation, EC–3859. A communication from the Alter- EC–3868. A communication from the Chief transmitting, pursuant to law, the report of nate OSD Federal Register Liaison Officer, of Regulations and Administrative Law, a rule entitled ‘‘Airspace Actions Establish- Office of the Secretary, Department of De- United States Coast Guard, Department of ment of Class E Airspace at Van Nuys Air- fense, transmitting, pursuant to law, the re- Transportation, transmitting, pursuant to port; Van Nuys, CA’’ ((RIN2120–AA66)(2001– port of a rule entitled ‘‘Procedures Gov- law, the report of a rule entitled ‘‘Regatta 0144)) received on September 7, 2001; to the erning Banks, Credit Unions and Other Fi- Regulations; SLR; Delaware River, Pea Committee on Commerce, Science, and nancial Institutions on DoD Installations’’ Patch Island to Delaware City, Delaware’’ Transportation. (RIN0790–AG74) received on September 7, ((RIN2115–AE46)(2001–0027)) received on Sep- EC–3878. A communication from the Para- 2001; to the Committee on Armed Services. tember 7, 2001; to the Committee on Com- legal Specialist of the Federal Aviation Ad- EC–3860. A communication from the Chief merce, Science, and Transportation. ministration, Department of Transportation, of Regulations and Administrative Law, EC–3869. A communication from the Chief transmitting, pursuant to law, the report of United States Coast Guard, Department of of Regulations and Administrative Law, a rule entitled ‘‘Airspace Actions Modifica- Transportation, transmitting, pursuant to United States Coast Guard, Department of tion of Class D and Class E Airspace, Bel- law, the report of a rule entitled ‘‘Safety/Se- Transportation, transmitting, pursuant to lingham, WA’’ ((RIN2120–AA66)(2001–0145)) re- curity Zone Regulations; Port Huron Tall law, the report of a rule entitled ‘‘Draw- ceived on September 7, 2001; to the Com- Ship Celebration. St. Clair River, MI’’ bridge Regulations; Cheboygan River, MI’’ mittee on Commerce, Science, and Transpor- ((RIN2115–AA97)(2001–0097)) received on Sep- ((RIN2115–AE47)(2001–0089)) received on Sep- tation. tember 7, 2001; to the Committee on Com- tember 7, 2001; to the Committee on Com- EC–3879. A communication from the Para- merce, Science, and Transportation. merce, Science, and Transportation. legal Specialist of the Federal Aviation Ad- EC–3861. A communication from the Chief EC–3870. A communication from the Chief ministration, Department of Transportation, of Regulations and Administrative Law, of Regulations and Administrative Law, transmitting, pursuant to law, the report of United States Coast Guard, Department of United States Coast Guard, Department of a rule entitled ‘‘Airspace Actions Realign- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to ment of Jet Routes and VOR Federal Air- law, the report of a rule entitled ‘‘Safety/Se- law, the report of a rule entitled ‘‘Draw- ways, FL’’ ((RIN2120–AA66)(2001–0152)) re- curity Zone Regulations; Ackerman Engage- bridge Regulations; Port Allen Canal, LA’’ ceived on September 7, 2001; to the Com- ment Fireworks Display, Westhampton ((RIN2115–AE47)(2001–0087)) received on Sep- mittee on Commerce, Science, and Transpor- Beach, NY’’ ((RIN2115–AA97)(2001–0099)) re- tember 7, 2001; to the Committee on Com- tation. ceived on September 7, 2001; to the Com- merce, Science, and Transportation. EC–3880. A communication from the Para- mittee on Commerce, Science, and Transpor- EC–3871. A communication from the Chief legal Specialist of the Federal Aviation Ad- tation. of Regulations and Administrative Law, ministration, Department of Transportation, EC–3862. A communication from the Chief United States Coast Guard, Department of transmitting, pursuant to law, the report of a rule entitled ‘‘Airspace Actions Revision of of Regulations and Administrative Law, Transportation, transmitting, pursuant to Class E Airspace; Springhill, LA’’ ((RIN2120– United States Coast Guard, Department of law, the report of a rule entitled ‘‘Draw- AA66)(2001–0151)) received on September 7, Transportation, transmitting, pursuant to bridge Regulations: Duwamish Waterway 2001; to the Committee on Commerce, law, the report of a rule entitled ‘‘Safety/Se- and Lake Washington Ship Canal, WA’’ Science, and Transportation. curity Zone Regulations; Algoma Shanty ((RIN2115–AE47)(2001–0090)) received on Sep- EC–3881. A communication from the Para- Days 2001, Algoma Harbor, Wisconsin’’ tember 7, 2001; to the Committee on Com- legal Specialist of the Federal Aviation Ad- ((RIN2115–AA97)(2001–0100)) received on Sep- merce, Science, and Transportation. ministration, Department of Transportation, tember 7, 2001; to the Committee on Com- EC–3872. A communication from the Chief transmitting, pursuant to law, the report of merce, Science, and Transportation. of Regulations and Administrative Law, a rule entitled ‘‘Airworthiness Directives: EC–3863. A communication from the Chief United States Coast Guard, Department of Raytheon Model DH.125, HS.125, BH.125, and of Regulations and Administrative Law, Transportation, transmitting, pursuant to BAe.125 (U–125 and C–29A) Series Airplanes; United States Coast Guard, Department of law, the report of a rule entitled ‘‘Regatta Model Hawker 800, Hawker 800 (U–125A), Transportation, transmitting, pursuant to Regulations; SLR; Milwaukee River, Mil- Kawker 800XP, and Hawker 1000 Airplanes’’ law, the report of a rule entitled ‘‘Draw- waukee, WI’’ ((RIN2115–AE46)(2001–0031)) re- ((RIN2120–AA64)(2001–0490)) received on Sep- bridge Regulations; Inner Harbor Navigation ceived on September 7, 2001; to the Com- tember 7, 2001; to the Committee on Com- Canal, LA’’ ((RIN2115–AE47)(2001–0086)) re- mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. ceived on September 7, 2001; to the Com- tation. EC–3882. A communication from the Para- mittee on Commerce, Science, and Transpor- EC–3873. A communication from the Chief legal Specialist of the Federal Aviation Ad- tation. of Regulations and Administrative Law, ministration, Department of Transportation, EC–3864. A communication from the Chief United States Coast Guard, Department of transmitting, pursuant to law, the report of of Regulations and Administrative Law, Transportation, transmitting, pursuant to a rule entitled ‘‘Airspace Actions Revision of United States Coast Guard, Department of law, the report of a rule entitled ‘‘Safety/Se- Class E Airspace, Jackson, WY’’ ((RIN2120– Transportation, transmitting, pursuant to curity Zone Regulations; San Diego Bay’’ AA66)(2001–0150)) received on September 7, law, the report of a rule entitled ‘‘Draw- ((RIN2115–AA97)(2001–0089)) received on Sep- 2001; to the Committee on Commerce, bridge Regulations; Atchafalaya River, LA’’ tember 7, 2001; to the Committee on Com- Science, and Transportation. ((RIN2115–AE47)(2001–0088)) received on Sep- merce, Science, and Transportation. EC–3883. A communication from the Para- tember 7, 2001; to the Committee on Com- EC–3874. A communication from the Chief legal Specialist of the Federal Aviation Ad- merce, Science, and Transportation. of Regulations and Administrative Law, ministration, Department of Transportation,

VerDate 31-AUG-2001 04:53 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.033 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9393 transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–3901. A communication from the Para- a rule entitled ‘‘Airspace Actions Revision of a rule entitled ‘‘Airworthiness Directives: legal Specialist of the Federal Aviation Ad- Class E Airspace, Sidney, MT’’ ((RIN2120– Final Rule; Boeing Model 737–100, –200, and ministration, Department of Transportation, AA66)(2001–0149)) received on September 7, –200C Series Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of 2001; to the Committee on Commerce, AA64)(2001–0474)) received on September 7, a rule entitled ‘‘Airspace Actions Revision of Science, and Transportation. 2001; to the Committee on Commerce, Class E Airspace, Vernal, UT’’ ((RIN2120– EC–3884. A communication from the Para- Science, and Transportation. AA66)(2001–0146)) received on September 7, legal Specialist of the Federal Aviation Ad- EC–3893. A communication from the Para- 2001; to the Committee on Commerce, ministration, Department of Transportation, legal Specialist of the Federal Aviation Ad- Science, and Transportation. transmitting, pursuant to law, the report of ministration, Department of Transportation, EC–3902. A communication from the Para- a rule entitled ‘‘Airspace Actions Modifica- transmitting, pursuant to law, the report of legal Specialist of the Federal Aviation Ad- tion of Class E Airspace, Lewistown, MT’’ a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, ((RIN2120–AA66)(2001–0148)) received on Sep- Boeing Model 707 and 720 Series Airplanes’’ transmitting, pursuant to law, the report of tember 7, 2001; to the Committee on Com- ((RIN2120–AA64)(2001–0485)) received on Sep- a rule entitled ‘‘Airworthiness Directives: merce, Science, and Transportation. tember 7, 2001; to the Committee on Com- Final Rule; McDonnell Douglas Model DC–10 EC–3885. A communication from the Para- merce, Science, and Transportation. Series Airplanes, and KC–10A and KDC–10 legal Specialist of the Federal Aviation Ad- EC–3894. A communication from the Para- (military) Airplanes’’ ((RIN2120–AA64)(2001– ministration, Department of Transportation, legal Specialist of the Federal Aviation Ad- 0478)) received on September 7, 2001; to the transmitting, pursuant to law, the report of ministration, Department of Transportation, Committee on Commerce, Science, and a rule entitled ‘‘Airspace Actions Revision of transmitting, pursuant to law, the report of Transportation. Class E Airspace, Fort Bridger, WY’’ a rule entitled ‘‘Airworthiness Directives: EC–3903. A communication from the Para- ((RIN2120–AA66)(2001–0147)) received on Sep- Boeing Model 747 Series Airplanes’’ legal Specialist of the Federal Aviation Ad- tember 7, 2001; to the Committee on Com- ((RIN2120–AA64)(2001–0484)) received on Sep- ministration, Department of Transportation, merce, Science, and Transportation. tember 7, 2001; to the Committee on Com- transmitting, pursuant to law, the report of EC–3886. A communication from the Para- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: legal Specialist of the Federal Aviation Ad- EC–3895. A communication from the Para- Final Rule Boeing Model 707 and 720 Series ministration, Department of Transportation, legal Specialist of the Federal Aviation Ad- Airplanes’’ ((RIN2120–AA64)(2001–0475)) re- transmitting, pursuant to law, the report of ministration, Department of Transportation, ceived on September 7, 2001; to the Com- a rule entitled ‘‘Safety/Security Zone Regu- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- lations; San Diego Bay’’ ((RIN2115– a rule entitled ‘‘Airworthiness Directives: tation. AA97)(2001–0096)) received on September 7, Immediately Adopted Rule: Boeing Model 767 EC–3904. A communication from the Para- 2001; to the Committee on Commerce, Series Airplanes’’ ((RIN2120–AA64)(2001–0483)) legal Specialist of the Federal Aviation Ad- Science, and Transportation. received on September 7, 2001; to the Com- ministration, Department of Transportation, EC–3887. A communication from the Para- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of legal Specialist of the Federal Aviation Ad- tation. a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, EC–3896. A communication from the Para- Final Rule; McDonnell Douglas Model 717 Se- transmitting, pursuant to law, the report of legal Specialist of the Federal Aviation Ad- ries Airplanes’’ ((RIN2120–AA64)(2001–0479)) a rule entitled ‘‘Airspace Actions Amend ministration, Department of Transportation, received on September 7, 2001; to the Com- Legal Description of Federal Airway V–611’’ transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- ((RIN2120–AA66)(2001–0153)) received on Sep- a rule entitled ‘‘Airworthiness Directives: tation. tember 7, 2001; to the Committee on Com- Bell Helicopter Textron Company, Inc. EC–3905. A communication from the Para- merce, Science, and Transportation. Model 47B, 47B–3, 47D, 47D–1, 47G, 47G–2, legal Specialist of the Federal Aviation Ad- EC–3888. A communication from the Para- 47G2A, 47G–2A–1, 47G–3B, 47G–3B–1, 47G–3B2, ministration, Department of Transportation, legal Specialist of the Federal Aviation Ad- 47G–3B–2A, 47G–4A, 47G–5, 47G–5A, 47H–1, 47J, transmitting, pursuant to law, the report of ministration, Department of Transportation, 47J–2, 47J–2A, and 47K Helicopters’’ a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of ((RIN2120–AA64)(2001–0482)) received on Sep- Final Rule; Bombardier Model DHC–8–102, a rule entitled ‘‘Airworthiness Directives: tember 7, 2001; to the Committee on Com- –103, –106, 201–202, 301, 311, 314, and 315’’ Honeywell International Inc. (formerly merce, Science, and Transportation. ((RIN2120–AA64)(2001–0476)) received on Sep- AlliedSignal Inc. and Textron Lycoming EC–3897. A communication from the Para- tember 7, 2001; to the Committee on Com- Inc.) LTS101 Series Turboshaft and LTP101 legal Specialist of the Federal Aviation Ad- merce, Science, and Transportation. Series Turboprop Engines’’ ((RIN2120– ministration, Department of Transportation, EC–3906. A communication from the Acting AA64)(2001–0477)) received on September 7, transmitting, pursuant to law, the report of Director of the Office of Sustainable Fish- 2001; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: eries, National Marine Fisheries Service, De- Science, and Transportation. McDonnell Douglas Model MD–11 Series Air- partment of Commerce, transmitting, pursu- EC–3889. A communication from the Para- planes’’ ((RIN2120–AA64)(2001–0489)) received ant to law, the report of a rule entitled legal Specialist of the Federal Aviation Ad- on September 7, 2001; to the Committee on ‘‘Fisheries of the Exclusive Economic Zone ministration, Department of Transportation, Commerce, Science, and Transportation. Off Alaska; Atka Mackerel in the Eastern transmitting, pursuant to law, the report of EC–3898. A communication from the Para- Aleutian District and Bering Sea Subarea of a rule entitled ‘‘Airworthiness Directives legal Specialist of the Federal Aviation Ad- the Bering Sea and Aleutian Islands’’ re- Immediatley Adopted Rule; Airbus Model ministration, Department of Transportation, ceived on September 7, 2001; to the Com- A300 B2 and B4 Series Airplanes and Model transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- A300 B4–600, and F4–600R (collectively called a rule entitled ‘‘Airworthiness Directives: tation. A300–600) Series Airplanes’’ ((RIN2120– McDonnell Douglas Model DC–10 and MD–10 EC–3907. A communication from the Acting AA64)(2001–0481)) received on September 7, Series Airplanes’’ ((RIN2120–AA64)(2001–0488)) Director of the Office of Sustainable Fish- 2001; to the Committee on Commerce, received on September 7, 2001; to the Com- eries, National Marine Fisheries Service, Science, and Transportation. mittee on Commerce, Science, and Transpor- transmitting , pursuant to law, the report of EC–3890. A communication from the Para- tation. a rule entitled ‘‘Fisheries of the Exclusive legal Specialist of the Federal Aviation Ad- EC–3899. A communication from the Para- Economic Zone Off Alaska—Modification of ministration, Department of Transportation, legal Specialist of the Federal Aviation Ad- a Closure (rescinds the groundfish trawl clo- transmitting, pursuant to law, the report of ministration, Department of Transportation, sure in the Chiniak Gully Research Area’’ re- a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of ceived on September 6, 2001; to the Com- Final Rule, Request for Comments; Agusta a rule entitled ‘‘Airworthiness Directives: mittee on Commerce, Science, and Transpor- S.P.A. Model A109E Helicopters’’ ((RIN2120– Immediately Adopted Rule; Israel Aircraft tation. AA64)(2001–0480)) received on September 7, Industries, Ltd. Model Astra SPX and 1125 EC–3908. A communication from the Acting 2001; to the Committee on Commerce, Westwind Astra Series Airplanes’’ ((RIN2120– Director of the Office of Sustainable Fish- Science, and Transportation. AA64)(2001–0487)) received on September 7, eries, National Marine Fisheries Service, De- EC–3891. A communication from the Para- 2001; to the Committee on Commerce, partment of Commerce, transmitting, pursu- legal Specialist of the Federal Aviation Ad- Science, and Transportation. ant to law, the report of a rule entitled ministration, Department of Transportation, EC–3900. A communication from the Para- ‘‘Fisheries of the Exclusive Economic Zone transmitting, pursuant to law, the report of legal Specialist of the Federal Aviation Ad- Off Alaska—Closes Hook-and-Line Gear a rule entitled ‘‘Airspace Actions; Modifica- ministration, Department of Transportation, Groundfish, Gulf of Alaska’’ received on Sep- tion of Class E Airspace; Pittsburgh, PA’’ transmitting, pursuant to law, the report of tember 6, 2001; to the Committee on Com- ((RIN2120–AA66)(2001–0143)) received on Sep- a rule entitled ‘‘Airworthiness Directives: merce, Science, and Transportation. tember 7, 2001; to the Committee on Com- Bombardier Model DHC–8–100, 200, and 300 EC–3909. A communication from the Dep- merce, Science, and Transportation. Series Airplanes’’ ((RIN2120–AA64)(2001–0486)) uty Assistant Administrator for Satellite EC–3892. A communication from the Para- received on September 7, 2001; to the Com- and Information Services, National Oceanic legal Specialist of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- and Atmospheric Administration, Depart- ministration, Department of Transportation, tation. ment of Commerce, transmitting, pursuant

VerDate 31-AUG-2001 04:53 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.035 pfrm02 PsN: S13PT1 S9394 CONGRESSIONAL RECORD — SENATE September 13, 2001 to law, the report of a rule entitled ‘‘Federal of Counselor, to be Ambassador Extraor- 5. Grandparents: John Negroponte, De- Assistance to Expand the Use of Satellite dinary and Plenipotentiary of the United ceased, none. Helen Negroponte, Deceased, Data for the Study of Scientific Phenomena States of America to Turkmenistan. none. Helen Coumantaros, Deceased, none. in Local and Regional Areas’’ (RIN0648–ZA44) (The following is a list of all members of Nicholas Coumantaros, Deceased, none. received on September 6, 2001; to the Com- my immediate family and their spouses. I 6. Brothers and Spouses: George mittee on Commerce, Science, and Transpor- have asked each of these persons to inform Negroponte $50.00, 1997, DNC; 100.00, 1998, tation. me of the pertinent contributions made by DNC; 100.00, 1997, People for the American EC–3910. A communication from the Acting them. To the best of my knowledge, the in- Way. Hope Igelhardt (George’s spouse), No Director of the Office of Sustainable Fish- formation contained in this report is com- contributions. Michel Negroponte, $25.00, eries, Domestic Fisheries Division, Depart- plete and accurate.) 1997, Friends of Barbara Boxer; 75.00, 1998, ment of Commerce, transmitting, pursuant Nominee: Laura E. Kennedy. Friends of Barbara Boxer; 25.00, 2000, Ferraro to law, the report of a rule entitled ‘‘Fish- Post: Ambassador to Turkmenistan. for Senate. Joni Negroponte, (Michel’s eries of the Northeastern United States; Contributions, Amount, Date, and Donee: spouse), 175.00, 2000, Hillary Clinton for Sen- Summer Flounder Fishery; Commercial 1. Self, None. ate. Nicholas Negroponte No contributions. Quota Harvested for Massachusetts’’ (I.D. 2. Spouse: John J. Feeney, None. Elaine Negroponte, (Nicholas’ spouse), $25.00, 082401D) received on September 6, 2001; to the 3. Children: Martin Feeney, None. Patrick 2000, Paul Dumachis (Boston). Committee on Commerce, Science, and Feeney, None. 7. Sisters and Spouses: n/a. Transportation. 4. Parents: Alfred Kennedy, $25.00, 08/04/97, EC–3911. A communication from the Acting RNC; $25.00, 09/09/97, RNC; $25.00, 02/10/98, * Marcelle M. Wahba, of California, a Ca- Director of the Office of Sustainable Fish- RNC; $30.00, 05/11/98, RNC; $50.00, 06/22/98, reer Member of the Senior Foreign Service, eries, National Marine Fisheries Service, De- RNC; $30.00, 09/29/98, RNC; $50.00, 10/16/98, Class of Minister-Counselor, to be Ambas- partment of Commerce, transmitting, pursu- RNC; $25.00, 10/30/98, RNC; $50.00, 01/19/99, sador Extraordinary and Plenipotentiary of ant to law, the report of a rule entitled RNC; $25.00, 03/02/99, RNC; $50.00, 03/22/99, the United States of America to the United ‘‘Fisheries of the Exclusive Economic Zone RNC; $50.00, 03/29/99, RNC; $50.00, 10/01/99, Arab Emirates. Off Alaska; Species in the Rock Sole/ Flat- RNC; $25.00, 02/17/00, RNC; $15.00, 02/24/00, (The following is a list of all members of head Sole/ ‘‘Other Flatfish’’ Fishery Cat- RNC; $25.00, 03/13/00, RNC; $25.00, 06/15/00, my immediate family and their spouses. I egory by Vessels Using Trawl Gear in Bering RNC; $25.00, 06/16/00, RNC; $51.00, 09/25/00, have asked each of these persons to inform Sea and Aleutian Islands Management Area’’ RNC; $50.00, 10/11/00, RNC; $25.00, 10/12/00, me of the pertinent contributions made by received on September 6, 2001; to the Com- RNC; $50.00, 10/21/00, RNC; $25.00, 10/21/00, Vir- them. To the best of my knowledge, the in- mittee on Commerce, Science, and Transpor- ginia GOP; $50.00, 11/17/00, RNC; $50.00, 01/05/ formation contained in this report is com- tation. 01, RNC. plete and accurate.) Laura Kennedy, None. f Nominee: Marcelle M. Wahba. 5. Grandparents: Eugene Patton, None (De- Contributions, Amount, Date, and Donee: EXECUTIVE REPORTS OF ceased). Elizabeth Patton, None (Deceased). Self: None. COMMITTEES Marie Kennedy, None (Deceased). Ralph Ken- Spouse: Derek Farwagi, None. nedy (step-grandfather), None (Deceased). Parents: Carmen & Michel Wahba, None. The following executive reports were Oswald Kwiecsinky, None (Deceased). Grandparents: Deceased. submitted: 6. Brothers and Spouses: Bryan Kennedy Brothers and Spouses: Wagdy Wahba, By Mr. KENNEDY for the Committee on (brother), None. Marilyn Cole (spouse), None. None. Health, Education, Labor, and Pensions. 7. Sisters and Spouses: Victoria Kennedy *Brian Jones, of California, to be General (sister), None. Elizabeth Gische (sister), *Ronald E. Neumann, of Virginia, a Career Counsel, Department of Education. None. David Gische (spouse), $100.00, 10/18/00, Member of the Senior Foreign Service, Class By Mr. LEAHY for the Committee on the DNC; $100.00, 08/30/00, DNC; $100.00, 01/06/00, of Minister-Counselor, to be Ambassador Ex- Judiciary: Emily’s List; $100.00, 10/15/97, DNC. traordinary and Plenipotentiary of the Paul J. McNulty, of Virginia, to be United United States of America to the State of States Attorney for the Eastern District of *Patrick Francis Kennedy, of Illinois, a Ca- Bahrain. Virginia for the term of four years. reer Member of the Senior Foreign Service, (The following is a list of all members of Patrick Leo Meehan, of Pennsylvania, to Class of Career Minister, to be Representa- my immediate family and their spouses. I be United States Attorney for the Eastern tive of the United States of America to the have asked each of these persons to inform District of Pennsylvania for the term of four United Nations for the U.N. Management and me of the pertinent contributions made by years. Reform, with the rank of Ambassador. them. To the best of my knowledge, the in- Stephen Beville Pence, of Kentucky, to be *John D. Negroponte, of the District of Co- formation contained in this report is com- United States Attorney for the Western Dis- lumbia, to be the Representative of the plete and accurate.) trict of Kentucky for the term of four years. United States of America to the United Na- Nominee: Ronald E. Neumann. Michael J. Sullivan, of Massachusetts, to tions, with the rank and status of Ambas- Post: Bahrain. be United States Attorney for the District of sador Extraordinary and Plenipotentiary, Contributions, amount, date, and donee: Massachusetts for the term of four years. and the Representative of the United States 1. Self: Ronald E. Neumann, None. Joseph S. Van Bokkelen, of Indiana, to be of America in the Security Council of the 2. Spouse: Margaret Elaine Neumann, United States Attorney for the Northern Dis- United Nations. None. trict of Indiana for the term of four years. *John D. Negroponte, of the District of Co- 3. Children and Spouses: Brian D. Neu- Gregory F. Van Tatenhove, of Kentucky, lumbia, to be the Representative of the mann, None. Helen D. Neumann, None. to be United States Attorney for the Eastern United States of America to the Sessions of 4. Parents: Robert and Marlen Neumann. District of Kentucky for the term of four the General Assembly of the United Nations See Attachment: Marlen—Deceased July 15, years. during his tenure of service as Representa- 1997. Robert—Deceased June 18, 1999. Colm F. Connolly, of Delaware, to be tive of the United States of America to the 5. Grandparents: Mark and Helen United States Attorney for the District of United Nations. Eldredge—Deceased. Hugo and Stephanie Delaware for the term of four years. (The following is a list of all members of Neumann—Deceased. Michael G. Heavican, of Nebraska, to be my immediate family and their spouses. I 6. Brothers and Spouses: Gregory and United States Attorney for the District of have asked each of these persons to inform Leonica Neumann, None. Nebraska for the term of four years. me of the pertinent contributions made by 7. Sisters and Spouses: Marcia Neumann— Thomas B. Heffelfinger, of Minnesota, to them. To the best of my knowledge, the in- Deceased. be United States Attorney for the District of formation contained in this report is com- Political contributions by parents Robert Minnesota for the term of four years. plete and accurate.) G. and Marlen E. Neumann (Given to me in Roscoe Conklin Howard, Jr., of the District Nominee: John D. Negroponte. 1997, before my Mother’s death. At that time, of Columbia, to be United States Attorney Post: Permanent Representative to the there were no contributions for 1997. I do not for the District of Columbia for the term of United Nations. know of any made after that). four years. Contributions, Amount, Date, and Donee: $210.00, 1996, Republican National Com- Mary Beth Buchanan, of Pennsylvania, to 1. Self: $1,000.00, 1999, G.W. Bush Explor- mittee; 50.00, 1996, Friends of Barbara Boxer; be United States Attorney for the Western atory Committee; 200.00, 1998, Matt Fong for 200.00, 1996, Crawford for Congress; 60.00, 1996, District of Pennsylvania for the term of four Senate. Republicans for Choice; 100.00, 1996, Lugar for years. 2. Spouse: $1,000.00, 1999, G.W. Bush Explor- President; 200.00, 1996, Dole for President; Peter W. Hall, of Vermont, to be United atory Committee; 290.00, 2000, RNC Victory 50.00, 1996, Republican Campaign Council; States Attorney for the District of Vermont 2000; 100.00, 2000, Bush Cheney Recount; 50.00, 1996, Council for the National Interest; for the term of four years. 520.00, 2000, McCain 2000. 25.00, 1996, Republican Presidential Task By Mr. BIDEN for the Committee on For- 3. Children: Minors, no contributions. Force; 140.00, 1996, Montgomery County Re- eign Relations: 4. Parents: Catherine Negroponte, De- publican Party; 100.00, 1996, Republicans *Laura E. Kennedy, of New York, a Career ceased, none. Dimitri Negroponte, Deceased, Abroad; 25.00, 1996, People for the American Member of the Senior Foreign Service, Class none. Way; 100.00, 1996, Patterson for Senate; 50.00,

VerDate 31-AUG-2001 05:26 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.037 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9395 1996, Harvey Gantt for Senate; $100.00, 1995, S. 497 kota (Mr. JOHNSON) was added as a co- Republican Campaign Council; 70.00, 1995, Re- At the request of Mr. LEAHY, the sponsor of S. 1022, a bill to amend the publicans for Choice; 65.00, 1995, Montgomery name of the Senator from New Jersey Internal Revenue Code of 1986 to allow County Republican Party; 50.00, 1995, Spiro (Mr. CORZINE) was added as a cosponsor Federal civilian and military retirees for Congress; 85.00, 1995, Concord Coalition; of S. 497, a bill to express the sense of 50.00, 1995, Montgomery County Republican to pay health insurance premiums on a Party; 40.00, 1995, NARAL; 50.00, 1995, Council Congress that the Department of De- pretax basis and to allow a deduction for the National Interest; 100.00, 1995, Repub- fense should field currently available for TRICARE supplemental premiums. lican National Committee; 100.00, 1995, Dole weapons, other technologies, tactics S. 1075 for President; 100.00, 1995, Republicans and operational concepts that provide At the request of Mr. GRASSLEY, the Abroad; 50.00, 1995, People for the American suitable alternatives to anti-personnel name of the Senator from Utah (Mr. Way; 50.00, 1995, Crawford for Congress; mines and mixed anti-tank mine sys- HATCH) was added as a cosponsor of S. 100.00, 1995, Lugar for President; 25.00, 1995, tems and that the United States should 1075, a bill to extend and modify the Republican Presidential Task Force; 100.00, end its use of such mines and join the 1995, Tom Campbell for U.S. Congress. Drug-Free Communities Support Pro- Convention on the Prohibition of Anti- gram, to authorize a National Commu- *Nomination was reported with rec- Personnel Mines as soon as possible, to ommendation that it be confirmed sub- nity Antidrug Coalition Institute, and expand support for mine action pro- for other purposes. ject to the nominee’s commitment to grams including mine victim assist- S. 1140 respond to requests to appear and tes- ance, and for other purposes. tify before any duly constituted com- At the request of Mr. HATCH, the S. 567 name of the Senator from Mississippi mittee of the Senate. At the request of Mr. SESSIONS, the (Nominations without an asterisk (Mr. LOTT) was added as a cosponsor of name of the Senator from Oregon (Mr. S. 1140, a bill to amend chapter 1 of were reported with the recommenda- SMITH) was added as a cosponsor of S. tion that they be confirmed.) title 9, United States Code, to provide 567, a bill to amend the Internal Rev- for greater fairness in the arbitration f enue Code of 1986 to provide capital process relating to motor vehicle fran- INTRODUCTION OF BILLS AND gain treatment under section 631(b) of chise contracts. such Code for outright sales of timber JOINT RESOLUTIONS S. 1149 by landowners. The following bills and joint resolu- At the request of Mr. REID, the name S. 634 tions were introduced, read the first of the Senator from Vermont (Mr. JEF- At the request of Ms. COLLINS, the FORDS) was added as a cosponsor of S. and second times by unanimous con- name of the Senator from New Mexico sent, and referred as indicated: 1149, a bill to amend the Immigration (Mr. BINGAMAN) was added as a cospon- and Nationality Act to establish a new By Mrs. HUTCHISON (for herself, Mr. sor of S. 634, a bill to amend section nonimmigrant category for chefs and SPECTER, and Mr. WARNER): 2007 of the Social Security Act to pro- S. 1421. A bill to direct the Federal Avia- individuals in related occupations. vide grant funding for additional En- tion Administration to re-implement the sky S. 1161 marshal program within 30 days; to the Com- terprise Communities, and for other At the request of Mr. CRAIG, the mittee on Commerce, Science, and Transpor- purposes. names of the Senator from Nebraska tation. S. 640 (Mr. HAGEL), the Senator from New By Mrs. CLINTON (for herself, Mr. At the request of Mr. COCHRAN, his SCHUMER, Mr. LEAHY, Mr. HATCH, Mr. name was added as a cosponsor of S. Hampshire (Mr. GREGG), the Senator SPECTER, Mr. BIDEN, Mr. WARNER, 640, a bill to amend the Internal Rev- from Colorado (Mr. ALLARD), and the Mr. SARBANES, Mr. ALLEN, Mr. enue Code of 1986 to include wireless Senator from Ohio (Mr. VOINOVICH) DASCHLE, Mr. NICKLES, Ms. MIKULSKI, telecommunications equipment in the were added as cosponsors of S. 1161, a Mr. INHOFE, and Mr. BYRD): definition of qualified technological bill to amend the Immigration and Na- S. 1422. A bill to provide for the expedited tionality Act to streamline procedures payment of certain benefits for a public safe- equipment for purposes of determining ty officer who was killed or suffered a cata- the depreciation treatment of such for the admission and extension of stay strophic injury as a direct and proximate re- equipment. of nonimmigrant agricultural workers; to provide a stable, legal, agricultural sult of a personal injury sustained in the line S. 942 work force; to extend basic legal pro- of duty in connection with the terrorist at- At the request of Mr. GRAHAM, the tacks of September 11, 2001; to the Com- name of the Senator from Louisiana tections and better working conditions mittee on the Judiciary. to more workers; to provide for a sys- By Mr. BUNNING: (Ms. LANDRIEU) was added as a cospon- sor of S. 942, a bill to authorize the sup- tem of one-time, earned adjustment to S. 1423. A bill to amend the Internal Rev- legal status for certain agricultural enue Code of 1986 to provide tax relief for plemental grant for population in- military or civilian employees of the United creases in certain states under the workers; and for other purposes. Stats who are victims of terrorist attacks temporary assistance to needy families S. 1346 against the United States; to the Committee program for fiscal year 2002. At the request of Mr. SESSIONS, the on Finance. S. 948 name of the Senator from Arkansas By Mr. KENNEDY (for himself, Mr. At the request of Mr. LOTT, the name (Mr. HUTCHINSON) was added as a co- BROWNBACK, Mr. LEAHY, Mr. HATCH, of the Senator from Mississippi (Mr. sponsor of S. 1346, a bill to amend the and Mr. DURBIN): Federal Food, Drug, and Cosmetic Act S. 1424. A bill to amend the Immigration COCHRAN) was added as a cosponsor of and Nationality Act to provide permanent S. 948, a bill to amend title 23, United with regard to new animal drugs, and authority for the admission of ‘‘S’’ visa non- States Code, to require the Secretary for other purposes. immigrants; considered and passed. of Transportation to carry out a grant S. 1397 By Mr. WYDEN: program for providing financial assist- At the request of Mr. GRASSLEY, the S. 1425. A bill to establish hospice dem- ance for local rail line relocation name of the Senator from Kentucky onstration projects and a hospice grant pro- projects, and for other purposes. (Mr. MCCONNELL) was added as a co- gram for beneficiaries under the medicare program under title XVIII of the Social Se- S. 1006 sponsor of S. 1397, a bill to ensure curity Act, and for other purposes; to the At the request of Mr. HAGEL, the availability of the mail to transmit Committee on Finance. name of the Senator from Illinois (Mr. shipments of day-old poultry. f DURBIN) was added as a cosponsor of S. S. 1409 1006, a bill to provide for the energy se- At the request of Mrs. FEINSTEIN, the ADDITIONAL COSPONSORS curity of the United States and pro- name of the Senator from Indiana (Mr. S. 492 mote environmental quality by en- BAYH) was added as a cosponsor of S. At the request of Mr. THOMPSON, the hancing the use of motor vehicle fuels 1409, a bill to impose sanctions against name of the Senator from Utah (Mr. from renewable sources, and for other the PLO or the Palestinian Authority BENNETT) was added as a cosponsor of purposes. if the President determines that those S. 492, a bill to amend the Internal S. 1022 entities have failed to substantially Revenue Code of 1986 to repeal the al- At the request of Mr. WARNER, the comply with commitments made to the ternative minimum tax on individuals. name of the Senator from South Da- State of Israel.

VerDate 31-AUG-2001 04:53 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.090 pfrm02 PsN: S13PT1 S9396 CONGRESSIONAL RECORD — SENATE September 13, 2001 S. RES. 139 keeping the plane safe in the air and at rity of anyone in America who would At the request of Mr. GRASSLEY, the the same time be responsible for han- be attacked by a weapon of mass de- name of the Senator from Pennsyl- dling disruptions in the cabin. struction which, in this case, was an vania (Mr. SPECTER) was added as a co- The FAA, which has a very limited airplane. sponsor of S. Res. 139, a resolution des- program, can train people on how to They found a vulnerability and they ignating September 24, 2001, as ‘‘Fam- handle a breach of the peace in an air- exploited it. We must assure that we ily Day—A Day to Eat Dinner with plane. It is a unique kind of training. It have addressed every such vulner- Your Children’’. is not like military training certainly. ability for our citizens, not only for the At the request of Mr. BIDEN, the It is not like a U.S. marshal on the aviation security of our country, but names of the Senator from Georgia ground. It is a different set of cir- we need to look at the public works in (Mr. MILLER), the Senator from North cumstances. An air marshal must be our country, the water systems, the Dakota (Mr. DORGAN) and the Senator able to disarm a threat to the aircraft tunnel systems we have for highways from Washington (Mrs. MURRAY) were while operating in the confined space and trains and for mass transit, for our added as cosponsors of S. Res. 139, of the cabin. subway systems. We need to be ever supra. No longer can any passenger carry on vigilant over the public works of our AMENDMENT NO. 1539 even the smallest knife. The FAA has country. At the request of Mr. WELLSTONE, the issued a ruling that not even a pen- Secondly, we need to establish a mis- name of the Senator from Rhode Island knife will be allowed on an airplane by sile defense system for our country. We (Mr. REED) was added as a cosponsor of a passenger or in any kind of carry-on must not let any terrorist in the world amendment No. 1539 intended to be pro- baggage. Our passengers will be dis- believe that now we have addressed the posed to H.R. 2500, a bill making appro- armed. We want to make sure they are issues of domestic terrorism within our priations for the Departments of Com- protected in some way. own public works systems or our infra- merce, Justice, and State, the Judici- I am introducing this legislation, structure but we would be vulnerable ary, and related agencies for the fiscal which will be a temporary program for to an incoming ballistic missile. This year ending September 30, 2002, and for 1 year. Then the FAA will report to should be part of our domestic ter- other purposes. Congress to determine if they believe it rorism effort. I appreciate the opportunity to take f has been successful, if it should be con- this first step. I hope it is one of many. STATEMENTS ON INTRODUCED tinued, or if it is no longer necessary. I am allowing the FAA Adminis- I know my colleagues will work with BILLS AND JOINT RESOLUTIONS me, with the President, all of us work- trator to assess up to $1 per passenger ing together, Democrats and Repub- By Mrs. HUTCHISON (for herself, ticket for every segment of the flight. licans, to take the extra steps that our Mr. SPECTER, and Mr. WARNER): I talked to the FAA Administrator this people expect us to take to make sure S. 1421. A bill to direct the Federal morning. I told her that I wanted her everyone in the world knows that we Aviation Administration to re-imple- to have the discretion to implement are committed to freedom and nobody ment the sky marshal program within this program to deal with the security 30 days; to the Committee on Com- is going to dash the spirit of America. threats facing our passenger aviation Madam President, these tragedies merce, Science, and Transportation. system. I do not expect her to charge Mrs. HUTCHISON. Madam President, have stunned the nation. Moreover, the full $1 if she does not feel that it is the bill I am introducing today, and for they revealed that our passenger air necessary. I do not expect her to do it which I will soon have cosponsors be- system was vulnerable to this cowardly for every leg of the flight if she does cause I want everyone to have the op- attack. Preliminary reports indicate not think it is necessary. I do think we portunity to join me in this effort, will that the hijackers were armed with address one part of our aviation secu- need to act quickly and there needs to nothing more than knives. Horrifically, rity issue. It is not the only one that I be a resource. these simple weapons were apparently I can’t imagine any airline passenger will look for us to address in the long used to murder members of the flight who would object to the payment of $1 term. crew as they bravely attempted to I do want the flying public to know for this kind of onboard security. This alert the FAA, and even change the that we have a safe and secure aviation would be required to be put in place course of at least one of the doomed system. However, last Tuesday, the within the next 30 days. flights, taking it away from population terrorists who perpetrated this heinous We need swift action to assure the centers and our priceless national sym- crime found a vulnerability in that sys- flying public that we will do every- bols. tem. There are several things we will thing possible to make them secure in From these early reports, it is clear be able to do to correct this situation. the air. The Administrator, Jane Gar- that the men and women who struggled I was Vice Chairman of the National vey, told me this morning that she has to provide this information performed Transportation Safety Board. I have already talked to the airlines about the heroic feats while certainly knowing been dealing with aviation security for possibility of sky marshals. My bill re- that they would not survive. We stand a long time. Today I am the ranking quires the airlines to provide a seat for in awe of their deeds, but we lament member of the Aviation Subcommittee the sky marshal regardless of avail- that it was necessary. I also want to of the Commerce Committee. This is ability. She said the airlines have al- commend the Federal Aviation Admin- my area of interest. ready said that this is fine with them. istration for somehow managing to The bill I am introducing today I am very hopeful that we will be quickly ground thousands of airborne would order the FAA to implement and able to enact this common-sense meas- flights to remove any further threats augment within 30 days a sky marshal ure on an expedited basis. I want the to our Nation. Now, our attention must program that would allow for peace of- people of our country to know that we turn to finding those responsible for ficers to be put in random airplane are not going to leave any stone this act of war and making sure that flights for domestic commercial air unturned to protect the public. we do everything in our power to pre- passenger flights and for international Having said that, I also want to say vent such a tragedy from occurring flights that would be coming into or that this is not the end. This is a begin- again. Airline passengers should not be out of America on U.S.-based airlines. ning. It is only one part of what I be- called upon to make the ultimate sac- What I am trying to do is provide an lieve Congress and the President need rifice in order to avert an even greater extra measure of security which today to accomplish, working together to as- tragedy. is the responsibility of pilots. Many sure the safety of the people of our Since the hijacking of TWA flight 847 people may not realize it, but it is the country. Clearly, this hijacking oper- in June 1985, the FAA has been author- pilot and the copilot who are respon- ation that was so well orchestrated is ized to train and deploy sky marshals. sible for dealing with unruly pas- one facet of domestic terrorism. It There is already in place a training fa- sengers, or with any kind of security highlighted a weakness in our aviation cility in Atlantic City, New Jersey. threat to the people on an airplane. security, and we are going to clamp However, the FAA has never revealed We can no longer afford to allow pi- down in every way to assure the secu- the number or identity of the mar- lots to have the dual responsibility of rity of our flying public and the secu- shals, the details of their training, nor

VerDate 31-AUG-2001 04:53 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.030 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9397 the routes that they fly. We appreciate come taxes of military or civilian employees grant program for beneficiaries under the need for secrecy in this program, of the United States dying as a result of in- the medicare program under title but clearly, the sky marshal deploy- juries sustained overseas) is amended by XVIII of the Social Security Act, and ment needs to be substantially ex- striking ‘‘outside the United States’’. for other purposes; to the Committee (b) CONFORMING AMENDMENT.—The heading panded. of section 692(c) of such Code is amended by on Finance. Toward that end, I am introducing striking ‘‘OVERSEAS’’ and inserting ‘‘ASA Mr. WYDEN. Mr. President, today I the Emergency Aviation Security Act RESULT OF TERRORISTIC OR MILITARY AC- am introducing the Medicare Hospice of 2001. The bill will require an in- TION’’. Improvement Program Act, which is creased random deployment of sky (c) EFFECTIVE DATE.—The amendments supported by the National Hospice and marshals on both domestic and inter- made by this section shall apply to taxable Palliative Care Organization. The pur- national flights. These peace officers years ending on or after September 11, 2001. pose of this bill is to provide for at will be hired and trained under guide- SEC. 2. RELIEF FROM ADDITIONAL ESTATE TAX. least three demonstration projects (a) IN GENERAL.—Section 2201 of the Inter- lines set by the FAA, but, at a min- nal Revenue Code of 1986 is amended— within Medicare to improve the deliv- imum, they will undergo thorough (1) in the first sentence by inserting ‘‘(a) IN ery of the hospice benefit to seniors. background checks and be trained to GENERAL.—’’ before ‘‘The additional estate This legislation would allow us to find deal with situations such as the ones tax’’, and new ways to: (1) Allow people to enroll onboard the four hijacked aircraft. (2) by adding at the end the following: in hospice even though they may want The program may, at the FAA’s dis- ‘‘(b) UNITED STATES MILITARY OR CIVILIAN to continue trying curative treatment EMPLOYEES WHO ARE VICTIMS OF CERTAIN cretion, be paid for with a ticket fee of for a limited time; (2) modify the re- TERRORIST ATTACKS.—The additional estate not more than one dollar on every do- tax shall not apply to the transfer of the tax- quirements to decrease the strain on mestic segment. The program will be able estate of any individual dying while in rural hospice providers; and (3) revise instituted on a temporary basis for one active service as a military or civilian em- reimbursement rates to more ade- year, after which the FAA will report ployee of the United States if such decedent quately cover comfort care. In addition to Congress on the success of the pro- dies as a result of wounds or injuries in- this bill would provide a grant program gram and make recommendations as to curred in a terroristic or military action (as to help defray the costs of providing whether it should continue and if it defined in section 692(c)(2)). The preceding education of the public, the medical should be changed. sentence shall not apply with respect to any individual whom the Secretary determines community and patients about hospice Last year, more than 600 million peo- was a perpetrator of any such terrorist at- care. ple flew through U.S. airports. If we tack.’’. The Medicare hospice benefit has not only charge the fee on domestic flights, (b) CLERICAL AMENDMENTS.— been revised since it was first created one dollar would generate between (1) The heading of section 2201 of such Code nearly two decades ago. Too often pa- $400–$500 million in one year. That is is amended to read as follows: tients and their families are unaware enough to hire, train, supervise and de- ‘‘SEC. 2201. COMBAT ZONE-RELATED DEATHS OF of the Medicare hospice benefit or they MEMBERS OF THE ARMED FORCES ploy thousands of sky marshals. AND DEATHS OF VICTIMS OF CER- seek hospice care too late to get the The American public needs to have TAIN TERRORIST ATTACKS.’’. full benefit of hospice services. This the kind of security that an onboard (2) The item relating to section 2201 in the legislation is important because it peace officer would provide. Under cur- table of sections for subchapter C of chapter would help us find ways to assure that rent procedures, the pilot and copilot 11 of such Code is amended to read as fol- the Medicare hospice benefit is better are charged with the responsibility of lows: integrated into medical care, as well as dealing with unruly passengers, as well ‘‘Sec. 2201. Combat zone-related deaths of improve patient access to the pain and as more serious threats. I believe that members of the Armed Forces symptom management, counseling, and the pilots should fly the plane. Period. and deaths of victims of certain other comfort care services provided by A sky marshal would relieve the pilot terrorist attacks.’’. hospice. and copilot of this additional responsi- (c) EFFECTIVE DATE.—The amendments made by this section shall apply to estates of f bility. decedents dying on or after September 11, AMENDMENTS SUBMITTED AND The FAA should have the flexibility 2001. to determine training requirements PROPOSED and qualifications. However, these By Mr. KENNEDY (for himself, SA 1551. Mr. DEWINE submitted an amend- guidelines must be prepared within 30 Mr. BROWNBACK, Mr. LEAHY, Mr. ment intended to be proposed by him to the bill H.R. 2500, making appropriations for the days of enactment of the legislation. HATCH, and Mr. DURBIN): This tight time frame is necessary to S. 1424. A bill to amend the Immigra- Departments of Commerce, Justice, and State, the Judiciary, and related agencies for protect the public. This is an emer- tion and Nationality Act to provide the fiscal year ending September 30, 2002, and gency bill and I urge my colleagues, as permanent authority for the admission for other purposes; which was ordered to lie well as the FAA, to get behind this ur- of ‘‘S’’ visa non-immigrants; considered on the table. gent effort. and passed. SA 1552. Ms. SNOWE (for herself and Ms. Mr. KENNEDY. Mr. President I ask COLLINS) submitted an amendment intended By Mr. BUNNING: unanimous consent that the bill be to be proposed by her to the bill H.R. 2500, S. 1423. A bill to amend the Internal printed in the RECORD. supra; which was ordered to lie on the table. Revenue Code of 1986 to provide tax re- There being no objection, the bill was SA 1553. Ms. SNOWE (for herself and Ms. COLLINS) submitted an amendment intended lief for military or civilian employees ordered to be printed in the RECORD, as to be proposed by her to the bill H.R. 2500, of the United States who are victims of follows: supra; which was ordered to lie on the table. terrorist attacks against the United S. 1424 SA 1554. Mr. SPECTER submitted an States; to the Committee on Finance. Be it enacted by the Senate and House of Rep- amendment intended to be proposed by him Mr. BUNNING. Mr. President, I ask resentatives of the United States of America in to the bill H.R. 2500, supra; which was or- unanimous consent that the text of the Congress assembled, dered to lie on the table. bill be printed in the RECORD. SECTION 1. PERMANENT AUTHORITY FOR ADMIS- SA 1555. Ms. LANDRIEU submitted an There being no objection, the bill was SION OF ‘‘S’’ VISA NONIMMIGRANTS. amendment intended to be proposed by her Section 214(k) of the Immigration and Na- to the bill H.R. 2500, supra; which was or- ordered to be printed in the RECORD, as tionality Act (8 U.S.C. 1184(k)) is amended— dered to lie on the table. follows: (1) by striking (2); SA 1556. Ms. LANDRIEU submitted an S. 1423 (2) by redesignating paragraphs (3), (4), and amendment intended to be proposed by her Be it enacted by the Senate and House of Rep- (5) as paragraphs (2), (3), and (4), respec- to the bill H.R. 2500, supra; which was or- resentatives of the United States of America in tively; and dered to lie on the table. Congress assembled, (3) in paragraph (4)(E) (as redesignated), by SA 1557. Ms. LANDRIEU submitted an striking ‘‘paragraph (4)’’ and inserting SECTION 1. INCOME TAXES OF UNITED STATES amendment intended to be proposed by her MILITARY AND CIVILIAN EMPLOY- ‘‘paragraph (3)’’. to the bill H.R. 2500, supra; which was or- EES WHO ARE VICTIMS OF TER- dered to lie on the table. RORIST ATTACKS. By Mr. WYDEN: SA 1558. Mr. HOLLINGS (for himself and (a) IN GENERAL.—Section 692(c) of the In- S. 1425. A bill to establish hospice Mr. GREGG) proposed an amendment to the ternal Revenue Code of 1986 (relating to in- demonstration projects and a hospice bill H.R. 2500, supra.

VerDate 31-AUG-2001 04:53 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.069 pfrm02 PsN: S13PT1 S9398 CONGRESSIONAL RECORD — SENATE September 13, 2001 SA 1559. Mr. HOLLINGS (for himself and (1) the date of enactment of this Act; or Provided, That any amount provided in this Mr. GREGG) proposed an amendment to the (2) November 15, 2001. Act for the Office of Victims of Crime is re- bill H.R. 2500, supra. duced by $1,000,000’’. SA 1560. Mr. HARKIN (for himself, Mr. SA 1552. Ms. SNOWE (for herself and HATCH, Mr. LEAHY, Mr. REID, Mr. HOLLINGS, Ms. COLLINS) submitted an amendment SA 1556. Ms. LANDRIEU submitted Mr. FEINGOLD, Mr. SMITH of Oregon, Mrs. intended to be proposed by her to the an amendment intended to be proposed MURRAY, Ms. CANTWELL, Ms. STABENOW, and bill H.R. 2500, making appropriations by her to the bill H.R. 2500, making ap- Mr. LIEBERMAN) proposed an amendment to for the Departments of Commerce, Jus- propriations for the Departments of the bill H.R. 2500, supra. Commerce, Justice, and State, the Ju- SA 1561. Mr. HATCH submitted an amend- tice, and State, the judiciary, and re- ment intended to be proposed by him to the lated agencies for the fiscal year end- diciary, and related agencies for the bill S. 1422, to provide for the expedited pay- ing September 30, 2002, and for other fiscal year ending September 30, 2002, ment of certain benefits for a public safety purposes; which was ordered to lie on and for other purposes; which was or- officer who was killed or suffered a cata- the table; as follows: dered to lie on the table; as follows: strophic injury as a direct and proximate re- On page 31, line 18, after ‘‘program,’’ insert On page 41, between lines 22 and 23, insert sult of a personal injury sustained in the line ‘‘of which $8,800,000 shall be for the Maine the following: SEC. 112. (a) ENHANCEMENT OF GRANT PRO- of duty in connection with the terrorist at- State Police Communications Systems for GRAM TO ENCOURAGE ARREST POLICIES AND tacks of September 11, 2001; which was re- technology enhancements to improve the ENFORCEMENT OF PROTECTION ORDERS.—Sec- ferred to the Committee on the Judiciary. communications infrastructure of the sys- SA 1562. Mr. HATCH (for himself, Mrs. tion 2012 of the Omnibus Crime Control and tem.’’. FEINSTEIN, Mr. KYL, Mr. DEWINE, Mr. SES- Safe Streets Act of 1968 (42 U.S.C. 3796hh–1) is SIONS, Mr. THOMPSON, Mr. THURMOND, and SA 1553. Ms. SNOWE (for herself and amended— Mr. MCCAIN) proposed an amendment to the (1) by redesignating subsection (c) as sub- bill H.R. 2500, making appropriations for the Ms. COLLINS) submitted an amendment section (d); and Departments of Commerce, Justice, and intended to be proposed by her to the (2) by inserting after subsection (b) the fol- State, the Judiciary, and related agencies for bill H.R. 2500, making appropriations lowing new subsection (c): the fiscal year ending September 30, 2002, and for the Departments of Commerce, Jus- ‘‘(c) ADDITIONAL PRIORITY.—In awarding for other purposes. tice, and State, the Judiciary, and re- grants under this part, the Attorney General SA 1563. Ms. COLLINS proposed an amend- lated agencies for the fiscal year end- shall also give a priority to States, Indian ment to the bill H.R. 2500, supra. ing September 30, 2002, and for other tribal governments, and units of local gov- SA 1564. Mr. HATCH submitted an amend- ernment that afford the same priority in re- ment intended to be proposed by him to the purposes; which was ordered to lie on sponses to emergency calls involving domes- bill H.R. 2500, supra; which was ordered to lie the table; as follows: tic violence as is afforded to responses to on the table. On page 54, line 14, insert after ‘‘Counsel:’’ emergency calls involving other life threat- SA 1565. Mr. HATCH submitted an amend- the following: ‘‘Provided further, That of the ening circumstances.’’. ment intended to be proposed by him to the amount provided to the National Marine (b) REPORT ON RESPONSE OF LOCAL LAW EN- bill H.R. 2500, supra; which was ordered to lie Fisheries Service for the Fisheries Research FORCEMENT TO EMERGENCY CALLS INVOLVING on the table. and Management Services for Science and DOMESTIC VIOLENCE.—(1) Not later than SA 1566. Mr. HATCH submitted an amend- Technology, $400,000 shall be available for ac- March 31, 2002, the Attorney General shall ment intended to be proposed by him to the tivities with respect to Atlantic herring and submit to the Committees on the Judiciary bill H.R. 2500, supra; which was ordered to lie mackerel:’’. of the Senate and House of Representatives a on the table. report on the response of local law enforce- SA 1567. Mr. HATCH submitted an amend- SA 1554. Mr. SPECTER submitted an ment agencies to emergencies calls involving ment intended to be proposed by him to the amendment intended to be proposed by domestic violence. bill H.R. 2500, supra; which was ordered to lie him to the bill H.R. 2500, making ap- (2) The report shall include the following: on the table. (A) An analysis of the response of local law SA 1568. Mr. HATCH submitted an amend- propriations for the Departments of enforcement agencies throughout the United ment intended to be proposed by him to the Commerce, Justice, and State, the Ju- States to emergency calls involving domes- bill H.R. 2500, supra; which was ordered to lie diciary, and related agencies for the tic violence. on the table. fiscal year ending September 30, 2002, (B) A description of the manner in which SA 1569. Mr. REID (for Mr. KERRY (for him- and for other purposes; which was or- local law enforcement agencies and their dis- self and Mr. BOND)) proposed an amendment dered to lie on the table; as follows: patch units (including 911 dispatch units) co- to the bill S. 856, to reauthorize the Small At the appropriate, strike ‘‘$1,000,000 for ordinate, establish priorities for, and respond Business Technology Transfer Program, and to emergency calls involving domestic vio- for other purposes. the Elwin Project in Pennsylvania to reduce placement in institutions of mentally ill lence. f youth.’’ SA 1557. Ms. LANDRIEU submitted TEXT OF AMENDMENTS At the appropriate, insert: ‘‘$500,000 for the Elwyn Project in Pennsylvania to reduce an amendment intended to be proposed SA 1551. Mr. DEWINE submitted an placement in institutions of mentally ill by her to the bill H.R. 2500, making ap- amendment intended to be proposed by youth’’; ‘‘$400,000 for the Center for Correc- propriations for the Departments of him to the bill H.R. 2500, making ap- tions Education at Indiana University of Commerce, Justice, and State, the Ju- propriations for the Department of Pennsylvania to develop and establish a pro- diciary, and related agencies for the Commerce, Justice, and State, the Ju- gram to train educators within corrections fiscal year ending September 30, 2002, diciary, and related agencies for the institutions throughout the United States’’; and for other purposes; which was or- fiscal year ending September 30, 2002, and, ‘‘$100,000 to replicate a witness reloca- dered to lie on the table; as follows: tion program in Pennsylvania.’’ and for other purposes; which was or- On page 91, between lines 2 and 3, insert dered to lie on the table; as follows: SA 1555. Ms. LANDRIEU submitted the following: SEC. 409. Notwithstanding any other provi- On page 75, insert between lines 11 and 12 an amendment intended to be proposed the following: sion of law, all fees collected by the Depart- by her to the bill H.R. 2500, making ap- ment of State in the performance of services SEC. ll. (a) Section 203(c) of the Judicial propriations for the Departments of Improvement Act of 1990 (28 U.S.C. 133 note) in connection with the processing of inter- is amended— Commerce, Justice, and State, the Ju- national adoptions, including fees collected (1) in the first sentence following para- diciary, and related agencies for the under the Intercountry Adoption Act of 2000 graph (12), by striking ‘‘and the eastern dis- fiscal year ending September 30, 2002, (42 U.S.C. 14901 et seq.), shall be deposited as trict of Pennsylvania’’ and inserting ‘‘, the and for other purposes; which was or- offsetting receipts into a separate account in eastern district of Pennsylvania, and the dered to lie on the table; as follows: the Treasury of the United States and shall northern district of Ohio’’; and remain available, without fiscal year limita- On page 23, line 2, strike ‘‘$2,089,990,000’’ tion, to the Secretary of State only for the (2) by inserting after the third sentence and insert ‘‘$2,090,990,000’’. following paragraph (12) ‘‘The first vacancy improvement and strengthening of services On page 24, line 16, strike ‘‘$578,125,000’’ and in the office of district judge in the northern performed by the Department in connection insert ‘‘$579,125,000’’. district of Ohio occurring 15 years or more with the processing of international adop- after the confirmation date of the judge On page 24, line 19, strike ‘‘$78,125,000’’ and tions. insert ‘‘$79,125,000’’. named to fill the temporary judgeship cre- Mr. HOLLINGS (for himself ated under this subsection shall not be On page 24, line 21, before the semicolon in- SA 1558. filled.’’. sert ‘‘, and of which $1,000,000 shall be for a and Mr. GREGG) proposed an amend- (b) The amendments made by this section grant to the Joint Emergency Services ment to the bill H.R. 2500, making ap- shall take effect on the earlier of— Training Center in Baton Rouge, Louisiana: propriations for the Department of

VerDate 31-AUG-2001 05:42 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.052 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9399 Commerce, Justice, and State, the Ju- foreign government entities, and a group of On page 22, line 16, after the ‘‘)’’, insert the diciary, and related agencies for the international financial institutions assem- following: ‘‘, of which not to exceed $2,000,000 fiscal year ending September 30, 2002, bled an unprecedented $58,000,000,000 finan- shall be available for administering a pro- and for other purposes; as follows: cial package to prevent the Korean economy gram to award Federal matching grants to from declaring bankruptcy; States and localities to improve election sys- On page 34, line 5, before the ‘‘:’’, insert the (4) as part of that rescue package, the Re- tems and election administration and for following: ‘‘, of which $300,000 shall be avail- public of Korea agreed to put an end to cor- making such grants: Provided, That no funds able only for the ‘‘From Darkness to Light’’ porate cronyism, and to overhaul the bank- for the purpose of administering such pro- program in Charleston, South Carolina’’. ing and financial sectors; gram of for making such grants shall be On page 54, line 22, after ‘‘:’’ insert ‘‘Pro- (5) Korea also pledged to permit and re- made available until the date of enactment vided further, That $1,500,000 shall be avail- quire banks to run on market principles, to of a statute authorizing the expenditure of able only for the planning and design of re- allow and enable bankruptcies and workouts funds for such a purpose.’’. search facilities which shall be located in to occur rather than bailouts, and to end On page 67, after line 15, insert the fol- Lafayette, Louisiana:’’. subsidies; lowing: On page 31, line 18, after ‘‘program’’, insert (6) the Republic of Korea agreed to all of SEC. 210. (a) Notwithstanding section 102 of the following: ‘‘, of which $1,900,000 shall be these provisions in the Stand-by Arrange- the Marine Mammal Protection Act of 1972, available only for the New Jersey State Po- ment with the IMF dated December 3, 1997; as amended, or section 9 of the Endangered lice Law Enforcement Training Center’’. (7) section 602 of the Foreign Operations, Species Act of 1973, the Anchorage Sister On page 52, line 24, before the ‘‘:’’, insert Export Financing, and Related Agencies Ap- Cities Commission of Anchorage, Alaska, the following: ‘‘, of which $300,000 shall be propriations Act, 1999, as enacted by section may export, on a one-time basis, to the Town available only for a variable and Eurasian 101(d) of Division A of the Omnibus Consoli- of Whitby, in the care of the Scarborough milfoil education and prevention program in dated and Emergency Supplemental Appro- Borough Council, Whitby, North Yorkshire, New Hampshire and $300,000 shall be avail- priations Act (Public Law 105–277; 112 Stat. United Kingdom, two bowhead whale able only for the Connecticut River Partner- 2681–220) specified that the United States jawbones taken as part of a legal subsistence ship’’. would not authorize further IMF payments hunt by Native Alaskans and identified in On page 20, line 14, after the ‘‘:’’, insert the to Korea unless the Secretary of the Treas- U.S. Fish and Wildlife Service, Convention following: ‘‘Provided further, That, of the ury certified that the provisions of the IMF on International Trade of Endangered Spe- amount made available under this heading, Standby Arrangement were adhered to; cies permit 01US037393/9. $9,962,000 shall be available for partial site (8) the Secretary of the Treasury certified (b) The Anchorage Sister Cities Commis- and planning for the U.S.P. Northeast/North- to Congress on December 11, 1998, April 5, sion shall notify the National Marine Fish- ern Mid-Atlantic facility to be located in 1999, and July 2, 1999 that the Stand-by Ar- eries Service Office of Enforcement 15 days Berlin, New Hampshire:’’. rangement was being adhered to, and assured prior to shipment to ensure compliance with On page 31, line 18, after ‘‘program’’, insert Congress that consultations had been held all applicable export requirements. On page 40, line 3, strike ‘‘$3’’ and insert the following: ‘‘, of which $1,500,000 shall be with the Government of the Republic of available only for in-car cameras for Arkan- ‘‘$1.50’’. Korea in connection with the certifications; On page 109, line 25, strike ‘‘$7’’ and insert sas State Police cruisers’’. (9) the Republic of Korea has acceded to ‘‘$6.50’’. On page 32, line 10, after the first ‘‘,’’, in- the World Trade Organization, and to the On page 7, line 9, after ‘‘That’’ insert the sert the following: ‘‘of which $3,000,000 shall Agreement on Subsidies and Countervailing following: ‘‘$800,000 shall be available only be for a grant to the Law Enforcement Inno- Measures (as defined in section 101(d)(12) of for grants to develop and conduct programs vation Center at the University of Ten- the Uruguay Round Agreements Act); to train State and local law enforcement and nessee,’’. (10) the Agreement on Subsidies and Coun- prosecutors in the investigation and prosecu- On page 32, line 5, after the ‘‘,’’, insert the tervailing Measures specifically prohibits ex- tion of child pornography and child exploi- following: ‘‘of which $3,800,000 will be for a port subsidies, and makes a actionable other tation crimes; Provided further, That’’. grant to the Jersey City Police Department’s subsidies bestowed upon a specific enterprise On page 22, line 21, strike ‘‘$364,000,000, to Crime Identification System to upgrade that causes adverse effects; remain available until expended.’’, and in- communications systems,’’. (11) Hynix Semiconductor is a major ex- sert ‘‘$375,800,000, to remain available until On page 30, line 24, after the third ‘‘,’’, in- porter of semiconductor products from the expended, of which $9,800,000 is for an air- sert the following: ‘‘including $1,500,000 for a Republic of Korea to the United States; and craft for counterterrorism and other re- computer forensic lab in Ohio,’’. (12) the Republic of Korea has now engaged quired activities for the City of New York.’’. On page 23, line 25, insert ‘‘That’’ the fol- in a massive $5,000,000,000 bailout of Hynix On page 32, line 10, after the first ‘‘,’’ insert lowing: ‘‘from such funds $15,000,000 shall be Semiconductor which contravenes the com- the following: ‘‘of which $2,000,000 shall be used to carry out the Kids 2000 Act (Public mitments the Government of the Republic of available only for law enforcement tech- Law 106–313; 114 Stat. 1260): Provided further, Korea made to the IMF, the World Trade Or- nology upgrades for Berlin, New Hamp- That’’. ganization and in other agreements, and the shire,’’. On page 30, line 24, insert after ‘‘labora- understandings and certifications made to On page 32, line 20, before the ‘‘;’’, insert tories,’’ the following: ‘‘of which $600,000 Congress under the Omnibus Consolidated the following: ‘‘, of which $1,300,000 shall be shall be available to the Mecklenburg Coun- and Emergency Supplemental Appropria- for a grant to the California Department of ty, North Carolina Sheriff’s Office for a Sex tions Act, 1999: Justice for a methamphetamine initiative.’’ Offender Registration Unit.’’. (b) SENSE OF THE SENATE.—It is the sense On page 23, line 2, strike ‘‘$2,089,990,000’’ On page 41, after line 22, insert the fol- of the Senate that and insert ‘‘$2,094,990,000’’. lowing: (1) The Secretary of the Treasury, the Sec- On page 24, line 16, strike ‘‘$578,125,000’’ and SEC. 112. Section 6 of the Hmong Veterans’ retary of Commerce, and the United States insert ‘‘$583,125,000’’. Naturalization Act of 2000 (Public Law 106– Trade Representative should forthwith re- On page 24, line 19, strike ‘‘$78,125,000’’ and 207; 8 U.S.C. 1423 note) (as amended by Public quest consultations with the Republic of insert ‘‘$83,125,000’’. Law 106–415) is amended by striking ‘‘18 Korea under Article 4 and Article 7 of the On page 24, line 21 before the ‘‘;’’, insert the months’’ each place such term appears and Agreement on Subsidies and Countervailing following: ‘‘, of which $10,000,000 is for the inserting ‘‘36 months’’.’’. Measures of the World Trade Organization, Mental Health Courts Grants Initiative’’. On page 32, line 17, strike ‘‘$48,393,000’’, and Insert at the appropriate place the fol- and take immediately such other actions as insert ‘‘$49,493,000’’ lowing: are necessary to assure that the improper On page 32, line 20, before the ‘‘;’’, insert SEC. . SENSE OF THE SENATE REGARDING THE bailout by the Republic of Korea is stopped, the following: ‘‘, of which $1,100,000 shall be REPUBLIC OF KOREA’S IMPROPER and its effects fully offset or reversed; for a methamphetamine initiative in the BAILOUT OF HYNIX SEMICON- (2) the relationship between the United State of Missouri.’’ DUCTOR. States and Republic of Korea has been and On page 33, line 22, strike ‘‘$320,026,000’’ and (a) FINDINGS.—Congress finds that— will continue to be harmed significantly by insert ‘‘$324,926,000’’. (1) the Government of the Republic of the bailout of a major exporter of products On page 34, line 3, strike ‘‘$55,691,000’’ and Korea over many years has supplied aid to from Korea to the United States; insert ‘‘$60,591,000’’. the Korean semiconductor industry enabling (3) the Republic of Korea should end imme- On page 34, line 5 before the ‘‘:’’, insert the that industry to be the Republic of Korea’s diately the bailout of Hynix Semiconductor; following: ‘‘, of which $5,000,000 is to fund the leading exporter; (4) the Republic of Korea should comply Strengthening Abuse and Neglect Courts (2) this assistance has occurred through a immediately with its commitments to the Act’’. coordinated series of government programs IMF, with its trade agreements, and with the On page 34, line 5, before the ‘‘:’’, insert the and policies, consisting of preferential access assurances it made to the Secretary of the following: ‘‘, of which not to exceed $5,000,000 to credit, low-interest loans, government Treasury; and shall be available for grants for local juve- grants, preferential tax programs, govern- (5) the United States Trade Representative nile justice programs for mental health ment inducement of private loans, tariff re- and the Secretary of Commerce should mon- screening and treatment for juvenile offend- ductions, and other measures; itor and report to Congress on steps that ers during incarceration that are incon- (3) in December 1997, the United States, the have been taken to end this bailout and re- sistent with guidelines issued by the Attor- International Monetary Fund (IMF), other verse its effects. ney General’’.

VerDate 31-AUG-2001 05:14 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.076 pfrm02 PsN: S13PT1 S9400 CONGRESSIONAL RECORD — SENATE September 13, 2001 On page 30, line 10, strike ‘‘$1,019,874,000’’ tional Sheriff’s Association to conduct a propriations for the Departments of and insert $1,024,659,000’’. multi-state information sharing demonstra- Commerce, Justice, and State, the Ju- On page 31, line 3, strike ‘‘$510,524,000’’ and tion project,’’. diciary, and related agencies for the insert ‘‘$514,209,000’’. On page 58, on line 18, before the colon, in- fiscal year ending September 30, 2002, On page 31, line 7, strike $31,315,000’’ and sert: ‘‘, of which $2,500,000 is for coastal land insert $35,000,000’’. acquisition at Rocky Point in Warwick, and for other purpose; as follows: On page 76, line 6, strike ‘‘$3,088,990,000’’ Rhode Island’’. On page 12, line 10, strike ‘‘as in effect on and insert ‘‘$3,063,305,000’’. On page 34, line 5, before the colon, insert June 1, 2000;’’. On page 53, line 12, after the colon, insert the following: ‘‘, of which $500,000 for the On page 17, line 20, after the colon insert the following: ‘‘Provided further, That such Elwyn Project in Pennsylvania to reduce the following: ‘‘Provided further, That, of the sums as are necessary shall be available to placement in institutions of mentally ill amount appropriated under this heading, the National Marine Fisheries Service, in youth; $400,000 for the Center for Corrections $67,000,000 shall be transferred to the Immi- collaboration with the United States Fish Education at Indiana University of Pennsyl- gration Services and Infrastructure Improve- and Wildlife Service, to conduct a review of vania to develop and establish a program to ments Account under section 204 of the Im- the agencies’ joint regulations governing train educators within corrections institu- migration Services and Infrastructure Im- consultations on Federal agency actions tions throughout the United States; and, provements Act of 2000 (8 U.S.C. 1573), to be under subsection (a)(2) of section 7 of the En- ‘‘$100,000 to replicate a witness relocation used for the same purposes for which funds dangered Species Act of 1973 (16 U.S.C. 1536), program in Pennsylvania’’. in such account may be used and to remain so as to streamline the consultation process On page 57, lien 25 strike ‘‘939,610,000’’ and available until expended:’’. to ensure that consultations are completed insert $939,110,000’’. On page 24, strike lines 19, 20, and 21, and within the deadlines provided in that section On page 44, line 5 strike ‘‘$66,820,000’’ and insert ‘‘$79,625,000 shall be for discretionary and have streamlined documentation re- insert $67,320,000’’s. grants under the Edward Byrne Memorial quirements consistent with that section, and On page 115, after line 15, insert the fol- State and Local Law Enforcement Assist- to make any necessary modifications to lowing: ance Programs, including $1,500,000 for the those regulations not later than April 1, SEC. 623. Section 2002 of the Victims of Standing Against Global Exploitation 2003:’’. Trafficking and Violence Protection Act of On page 115, after line 25, insert the fol- (SAGE) Project, Inc.’’. 2000 (Public Law 106–386; 114 Stat. 1542) is lowing: ‘‘SEC. 623. Notwithstanding any other On page 76, line 6, strike ‘‘$3,063,305,000’’ amended— provision of law, no amount made available and insert ‘‘3,061,805,000’’. (1) in subsection (a)(2)(A)— under this Act may be used to sell any dis- On page 25, after line 21 insert the fol- (A) by striking ‘‘or’’ at the end of clause aster loan authorized by section 7(b) of the lowing: (i); Small Business Act (15 U.S.C. 636(b)) to any (d) $200,000 for the Attorney General to (B) in clause (ii)— private company or other entity.’’. conduct a study and prepare a report to be On page 102, line 3, after ‘‘as amended’’, (i) by striking ‘‘February 17, 1999,’’ and in- submitted to the Subcommittee on Com- strike the period and insert ‘‘: Provided fur- serting ‘‘May 17, 1996, May 7, 1997, February merce, Justice and State Appropriations of ther, That $13,700,000 shall be available in fis- 17, 1999, December 15, 1999,’’; the Senate and House of Representatives Ap- cal year 2002 to fund grants authorized by (ii) by inserting ‘‘October 22, 1999,’’ after propriation Committee on the response of section 29 of the Small Business Act.’’ ‘‘February 17, 1999,’’; and local law enforcement agencies to emergency At the appropriate place, insert the fol- (iii) by striking the semicolon at the end calls involving domestic violence. lowing: and inserting ‘‘; or’’; and On page 115, after line 25, add the fol- SEC. . No funds appropriated by this Act (C) by adding at the end the following new lowing: clause: may be used by Federal prisons to purchase SEC. 623. Clause (ii) of section 621(5)(A) of cable television services, to rent or purchase ‘‘(iii) a member of the plaintiff class in the Communications Satellite Act of 1962 (47 videocassettes, videocassette recorders, or Case Number 1:00CV03110(ESG) in the United U.S.C. 763(5)(A)) is amended by striking ‘‘on other audiovisual or electronic equipment States District Court for the District of Co- or about October 1, 2000,’’ and all that fol- sued primarily for recreational purposes. The lumbia;’’; and lows through the end and inserting ‘‘not preceding sentence does not preclude the (2) in subsection (b)(2)— later than December 31, 2001, except that the renting, maintenance, or purchase of audio- (A) by redesignating subparagraphs (A) and Commission may extend this deadline to not visual or electronic equipment for inmate (B) as clauses (i) and (ii), respectively; later than June 30, 2003.’’. training, religious, or educational programs. (B) by inserting ‘‘(A)’’ before ‘‘For pur- poses’’ and On page 34, line 5 before the ‘‘:’’, insert the SA 1560. Mr. HARKIN (for himself, following: ‘,of which $500,000 is for the Boy (C) by adding at the end the following: Scouts ‘‘Learning for Life’’ program’’. ‘‘(B) For any judgment rendered in Case Mr. HATCH, Mr. LEAHY, Mr. REID, Mr. On page 52, line 23, strike ‘‘$2,267,705,000’’ Number 1:00CV03110(ESG) in the United HOLLINGS, Mr. FEINGOLD, Mr. SMITH of and insert ‘‘$2,268,305,000’’. States District Court for the District of Co- Oregon, Mrs. MURRAY, Ms. CANTWELL, On page 57, line 25, strike ‘‘$939,610,000’’ and lumbia, in addition to the amounts available Ms. STABENOW, and Mr. LIEBERMAN) insert $941,110,000’’. under subsection (a), the Secretary of the proposed an amendment to the bill On page 89, line 23, strike ‘‘S.787’’ and in- Treasury shall make such further payment H.R. 2500, making appropriations for sert ‘‘S.1084’’. as necessary to satisfy the judgment by— the Departments of Commerce, Justice, On page 89, line 24, strike ‘‘April 26’’ and ‘‘(i) liquidating those assets without third insert ‘‘June 21’’. party interest of those countries designated and State, the Judiciary, and related On page 57, line 8, strike ‘‘$133,940,000’’ and as state sponsors of terrorism, under section agencies for the fiscal year ending Sep- insert ‘‘$137,940,000’’. 40(d) of the Arms Control Act or section 6(i) tember 30, 2002, and for other purposes; On page 16, line 22, after the semicolon in- of the Export Administration Act of 1979, as follows: sert ‘‘of which $5,500,000 shall be for the Vio- held or blocked by the United States; and lence Against Women Act Unit of the East- At the appropriate place, insert the fol- ‘‘(ii) in the event the judgment remains ern Adjudication Service Center to provide lowing: not fully satisfied after such liquidation, for the processing of immigration self-peti- SEC. (a) The Senate finds that— using any other available means collect from tions and U visas under the Violence Against (1) all Americans are united in con- Iran, with one-third of any amount collected Women Act (Public Law 103–322, reauthorized demning, in the strongest possible terms, the by these other means to be remitted to the in Public Law 106–326) and T visas under the terrorists who planned and carried out the Treasury of the United States.’’. Victims of Trafficking and Violence Protec- September 11, 2001 attacks against the On page 10, line 18, strike ‘‘$724,682,000’’ and tion Act (Public Law 106–326), out of which United States as well as their sponsors, and insert ‘‘$699,682,000’’. $500,000 shall be for the Eastern Adjudication in pursuing all of those responsible until On page 30, line 10, strike ‘‘$1,019,874,000’’ Service Center to provide for the production they are brought to justice and punished; and insert ‘‘$1,044,874,000’’. and distribution of training materials to (2) the Arab American and American Mus- On page 30, line 11, strike ‘‘$150,962,000’’ and State Department, Justice Department, and lim communities, are a vital part of our na- insert ‘‘$175,962,000’’. other Government officials concerning the tion; On page 30, line 24, insert after the third immigration provisions of the Violence (3) the prayer of Cardinal Theodore ‘‘,’’, the following: ‘‘of which $25,000,000 shall Against Women Act;’’. McCarrick, the Archbishop of Washington in On page 52, line 23, strike ‘‘$2,268,305,000 to be available for Paul Coverdell Forensic a Mass on September 12, 2001 for our Nation remain available until expended’’ and insert Sciences Improvement Grants under part BB and the victims in the immediate aftermath ‘‘$2,273,305,000, to remain available until ex- of the Title I of the Omnibus Crime Control of the terrorist hijackings and attacks in pended, of which $2,000,000 shall be for West and Safe Streets Act of 1968 (42 U.S.C. 3797j New York City, Washington, D.C., and Penn- Coast Groundfish Cooperative Research and et seq.),’’. sylvania reminds all Americans that ‘‘we $3,000,000 shall be for Oregon Groundfish Dis- must seek the guilty and not strike out aster Assistance’’. SA 1559. Mr. HOLLINGS (for himself against the innocent or we become like them On page 31, line 18 after the ‘‘,’’, insert the and Mr. GREGG) proposed an amend- who are without moral guidance or direc- following: ‘‘,of which $1,000,000 is to the Na- ment to the bill H.R. 2500, making ap- tion.’’;

VerDate 31-AUG-2001 05:14 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.081 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9401 (4) the heads of state of several Arab and pabilities, that are necessary to effect a by a state, substate, or nonstate actor that predominantly Moslem countries have con- credible, preemptive strike capability for the involves mass casualties or the use of a demned the terrorist attacks in the U.S. and National Guard against a terrorist attack weapon of mass destruction. the senseless loss of innocent lives; and within the United States involving a weapon SEC. 815. GUIDELINES ON RECRUITMENT OF TER- (5) vengeful threats and incidents directed of mass destruction; and RORIST INFORMANTS. at law-abiding, patriotic Americans of Arab (4) an identification of the Federal agency The Director of Central Intelligence shall descent and Islamic faith have already oc- best suited to carry out a preemptive strike rescind the provisions of the 1995 Central In- curred such as shots fired at an Islamic Cen- against organizations possessing weapons of telligence Agency guidelines on recruitment ter and police having to turn back 300 people mass destruction materials in the United of terrorist informants that relate to the re- who tried to march on a mosque. States. cruitment of persons who have access to in- (b) The Senate— SEC. 813. LONG-TERM RESEARCH AND DEVELOP- telligence related terrorist plans, intentions (1) declares that in the quest to identify, MENT TO ADDRESS CATASTROPHIC and capabilities. bring to justice, and punish the perpetrators TERRORIST ATTACKS. SEC. 816. DISCLOSURE BY LAW ENFORCEMENT and sponsors of the terrorist attacks on the (a) SENSE OF CONGRESS.—It is the sense of AGENCIES OF CERTAIN INTEL- United States on September 11, 2001, that the Congress that— LIGENCE OBTAINED BY INTERCEP- TION OF COMMUNICATIONS. civil rights and civil liberties of all Ameri- (1) there has not been sufficient emphasis (a) REPORT ON AUTHORITIES RELATING TO cans, including Arab-Americans and Amer- on long-term research and development with SHARING OF CRIMINAL WIRETAP INFORMA- ican Muslims, should be protected; and respect to technologies useful in fighting TION.—Not later than 60 days after the date terrorism; and (2) condemns any acts of violence or dis- of the enactment of this Act, the President (2) the United States should make better crimination against any Americans, includ- shall submit to Congress a report on the ing Arab-Americans and American Muslims. use of its considerable accomplishments in legal authorities that govern the sharing of science and technology to prevent or address criminal wiretap information under applica- SA 1561. Mr. HATCH submitted an terrorist attacks in the future, particularly ble Federal laws, including section 104 of the amendment intended to be proposed by attacks involving chemical, biological, or National Security Act of 1947 (50 U.S.C. 403– him to the bill S. 1422, to provide for nuclear agents. 4). (b) ESTABLISHMENT OF PROGRAM.—(1) Not the expedited payment of certain bene- (b) ELEMENTS.—The report under sub- later than six months after the date of the section (a) shall include— fits for public safety officer who was enactment of this Act, the President shall killed or suffered a catastrophic injury (1) a description of the type of information establish a comprehensive program of long- that can be shared by the Department of as a direct and proximate result of a term research and development with respect Justice, or other law enforcement agencies, personal injury sustained in the line of science and technology necessary to prevent, with other elements of the intelligence com- duty in connection with the terrorist preempt, detect, interdict, and respond to munity; and attacks of September 11, 2001; which catastrophic terrorist attacks. (2) any recommendations that the Presi- was referred to the Committee on the (2) In establishing the program, the Presi- dent considers appropriate, including a pro- dent shall— Judiciary; as follows: posal for legislation to implement such rec- (A) establish a comprehensive set of re- ommendations, to improve the capability of On page 2, at line 8, delete ‘‘shall pay to quirements for the program; and the Department of Justice, or other law en- qualified beneficiaries, not later than 30 (B) either— forcement agencies, to share foreign intel- days’’ and insert ‘‘Shall authorize payment (i) establish in an appropriate Federal ligence information or counterintelligence to qualified beneficiaries, said payment to be agency an element with responsibility for information with other elements of the intel- made not later than 30 days’’. the program; or ligence community on matters such as (ii) assign to a current element of a Fed- Mr. HATCH (for himself, counterterrorism. SA 1562. eral agency responsibility for the program. (c) DEFINITIONS.—In this section: Mrs. FEINSTEIN, Mr. KYL, Mr. DEWINE, (c) REPORT ON PROPOSED PROGRAM.—Not (1) FOREIGN INTELLIGENCE, COUNTERINTEL- Mr. SESSIONS, Mr. THOMPSON, Mr. later than 60 days before the commencement LIGENCE.—The terms ‘‘foreign intelligence’’ THURMOND, and Mr. MCCAIN) proposed of the program required by subsection (b), and ‘‘counterintelligence’’ have the mean- an amendment to the bill H.R. 2500, the President shall submit to Congress a re- ings given those terms in section 3 of the Na- port on the proposed program. The report making appropriations for the Depart- tional Security Act of 1947 (50 U.S.C. 401a). shall set forth the element of the Federal (2) ELEMENT OF THE INTELLIGENCE COMMU- ments of Commerce, Justice, and Government proposed to be established or as- State, the Judiciary, and related agen- NITY.—The term ‘‘element of the intelligence signed responsibility under subsection community’’ means any element of the intel- cies for the fiscal year ending Sep- (b)(2)(B), including the proposed organization ligence community specified or designated tember 30, 2002, and for other purposes; and responsibilities of the element for pur- under section 3(4) of the National Security as follows: poses of the program. Act of 1947. (d) CATASTROPHIC TERRORIST ATTACK DE- On page 116, between lines 9 and 10, insert SEC. 817. JOINT TASK FORCE ON TERRORIST FINED.—In this section, the term ‘‘cata- the following: FUNDRAISING. strophic terrorist attack’’ means a terrorist TITLE VIII—TERRORISM (a) SENSE OF CONGRESS.—It is the sense of attack against the United States perpetrated Congress that— SEC. 801. SHORT TITLE. by a state, substate, or nonstate actor that (1) many terrorist groups secretly solicit This title may be cited as the ‘‘Combating involves mass casualties or the use of a and exploit the resources of international Terrorism Act of 2001’’. weapon of mass destruction. nongovernmental organizations, companies, SEC. 812. ASSESSMENT OF NATIONAL GUARD CA- SEC. 814. REVIEW OF AUTHORITY OF FEDERAL and wealthy individuals; and PABILITIES TO PREEMPTIVELY DIS- AGENCIES TO ADDRESS CATA- (2) the Federal Government is not fully RUPT DOMESTIC TERRORIST AT- STROPHIC TERRORIST ATTACKS. utilizing all the tools available to it to pre- TACKS INVOLVING WEAPONS OF (a) REVIEW REQUIRED.—The Attorney Gen- vent, deter, or disrupt the fundraising activi- MASS DESTRUCTION. eral shall conduct a review of the legal au- ties of international terrorist organizations, (a) REPORT.—Not later than 60 days after thority of the agencies of the Federal Gov- and it should do so. the date of the enactment of this Act, the ernment, including the Department of De- Comptroller General shall submit to Con- fense, to respond to, and to prevent, pre- SEC. 818. IMPROVEMENT OF CONTROLS ON gress a report containing an assessment of PATHOGENS AND EQUIPMENT FOR empt, detect, and interdict, catastrophic ter- PRODUCTION OF BIOLOGICAL WEAP- the capabilities of the National Guard to pre- rorist attacks. ONS. emptively disrupt a terrorist attack within (b) REPORT.—Not later than six months (a) REPORT ON IMPROVEMENT OF CON- the United States involving weapons of mass after the date of the enactment of this Act, TROLS.—(1) Not later than 60 days after the destruction, and to respond to such an at- the Attorney General shall submit to Con- date of the enactment of this Act, the Attor- tack. gress a report on the review conducted under ney General shall submit to Congress a re- (b) ELEMENTS.—The report required under subsection (a). The report shall include any port on the means of improving United subsection (a) shall include— recommendations that the Attorney General States controls of biological pathogens and (1) an assessment of the legal restrictions considers appropriate, including rec- the equipment necessary to develop, produce, on the use of the National Guard to contain ommendations as to whether additional legal or deliver biological weapons. and capture weapons of mass destruction authority for any particular Federal agency (2) The Attorney General shall prepare the materials that are discovered by law enforce- is advisable in order to enhance the capa- report under paragraph (1) in consultation ment agencies within the United States; bility of the Federal Government to respond with the Secretary of Defense, the Secretary (2) an assessment of the physical readiness to, and to prevent, preempt, detect, and of the Treasury, the Secretary of Commerce, of the National Guard to carry out a mission interdict, catastrophic terrorist attacks. the Secretary of Health and Human Services, to contain and capture such materials; (c) CATASTROPHIC TERRORIST ATTACK DE- the Secretary of Agriculture, the Director of (3) a description of the modifications in the FINED.—In this section, the term ‘‘cata- Central Intelligence, the Commissioner of structure of the National Guard, and in law strophic terrorist attack’’ means a terrorist Customs, and other appropriate Federal offi- enforcement intelligence dissemination ca- attack against the United States perpetrated cials.

VerDate 31-AUG-2001 05:14 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.083 pfrm02 PsN: S13PT1 S9402 CONGRESSIONAL RECORD — SENATE September 13, 2001 (3) The report under paragraph (1) shall in- Subtitle B—Criminal Matters (B) in subparagraph (B), by striking the clude— SEC. 831. LAUNDERING OF PROCEEDS OF TER- comma at the end and inserting a semicolon; (A) a list of the equipment identified under RORISM. and that paragraph as critical to the develop- Section 1956(c)(7)(D) of title 18, United (C) by inserting after subparagraph (B) the ment, production, or delivery of biological States Code, is amending by inserting ‘‘or following new subparagraphs: weapons; 2339B’’ after ‘‘2339A’’. ‘‘(C) immediate threat to the national se- (B) recommendations, if any, for legisla- curity interests of the United States; SEC. 832. MODIFICATION OF AUTHORITIES RE- tion to make illegal the possession of the LATING TO USE OF PEN REGISTERS ‘‘(D) immediate threat to public health or equipment identified under subparagraph AND TRAP AND TRACE DEVICES. safety; or (A), for other than a legitimate purpose, in- (a) GENERAL LIMITATION ON USE BY GOV- ‘‘(E) an attack on the integrity or avail- cluding attempts and conspiracies to do the ERNMENTAL AGENCIES.—Section 3121(c) of ability of a protected computer which attack same; title 18, United States Code, is amended— would be an offense punishable under section (C) recommendations, if any, for legisla- (1) by inserting ‘‘or trap and trace device’’ 1030(c)(2)(C) of this title,’’. tion to control the domestic sale and trans- after ‘‘pen register’’; (d) DEFINITIONS.— fer of the equipment identified under sub- (2) by inserting ‘‘, routing, addressing,’’ (1) COURT OF COMPETENT JURISDICTION.— paragraph (A); and after ‘‘dialing’’; and Paragraph (2) of section 3127 of that title is (D) recommendations, if any, for legisla- (3) by striking ‘‘call processing’’ and in- amended by striking subparagraph (A) and tion to require the tagging or other means of serting ‘‘the processing and transmitting of inserting the following new subparagraph marking of the equipment identified under wire and electronic communications’’. (A): subparagraph (A). (b) ISSUANCE OF ORDERS.— ‘‘(A) any district court of the United (b) IMPROVED SECURITY OF FACILITIES.—(1) (1) IN GENERAL.—Subsection (a) of section States (including a magistrate judge of such Commencing not later than 60 days after the 3123 of that title is amended to read as fol- a court) or any United States Court of Ap- date of the enactment of this Act, the Presi- lows: peals having jurisdiction over the offense dent shall undertake appropriate actions to ‘‘(a) IN GENERAL.—(1) Upon an application being investigated; or’’. enhance the standards for the physical pro- made under section 3122(a)(1) of this title, (2) PEN REGISTER.—Paragraph (3) of that tection and security of the biological patho- the court shall enter an ex parte order au- section is amended— gens described in subsection (a) at the re- thorizing the installation and use of a pen (A) by striking ‘‘electronic or other im- search laboratories and other government register or trap and trace device if the court pulses’’ and all that follows through ‘‘is at- and private facilities in the United States finds that the attorney for the Government tached’’ and inserting ‘‘dialing, routing, ad- that create, possess, handle, store, or trans- has certified to the court that the informa- dressing, or signalling information trans- port such pathogens in order to protect tion likely to be obtained by such installa- mitted by an instrument or facility from against the theft or other wrongful diversion tion and use is relevant to an ongoing crimi- which a wire or electronic communication is of such pathogens. nal investigation. The order shall, upon serv- transmitted’’; and (2) Not later than six months after the date ice of the order, apply to any entity pro- (B) by inserting ‘‘or process’’ after ‘‘de- of the enactment of this Act, the President viding wire or electronic communication vice’’ each place it appears. shall submit to Congress a report on the ac- service in the United States whose assist- (3) TRAP AND TRACE DEVICE.—Paragraph (4) tions undertaken under paragraph (1). ance is required to effectuate the order. of that section is amended— SEC. 819. REIMBURSEMENT OF PERSONNEL PER- ‘‘(2) Upon an application made under sec- (A) by inserting ‘‘or process’’ after ‘‘a de- FORMING COUNTERTERRORISM DU- tion 3122(a)(2) of this title, the court shall vice’’; and TIES FOR PROFESSIONAL LIABILITY enter an ex parte order authorizing the in- (B) by striking ‘‘of an instrument’’ and all INSURANCE. that follows through the end and inserting (a) REQUIREMENT FOR FULL REIMBURSE- stallation and use of a pen register or trap and trace device within the jurisdiction of ‘‘or other dialing, routing, addressing, and MENT.—(1) Notwithstanding any other provi- signalling information relevant to identi- sion of law and subject to paragraph (2), the the court if the court finds that the State in- vestigative or law enforcement officer has fying the source of a wire or electronic com- head of an agency employing a qualified em- munication;’’. ployee shall reimburse the qualified em- certified to the court that the information likely to be obtained by such installation SEC. 833. AUTHORITY TO INTERCEPT WIRE, ployee for the costs incurred by the em- ORAL, AND ELECTRONIC COMMU- ployee for professional liability insurance. and use is relevant to an ongoing criminal investigation.’’. NICATIONS RELATING TO TER- (2) Reimbursement of a qualified employee RORISM OFFENSES. (2) CONTENTS OF ORDER.—Subsection (b)(1) under paragraph (1) shall be contingent on Section 2516(1) of title 18, United States of that section is amended— the submission by the qualified employee to Code, is amended— the head of the agency concerned of such in- (A) in subparagraph (A)— (1) by redesignating paragraph (p), as so re- formation or documentation as the head of (i) by inserting ‘‘or other facility’’ after designated by section 434(2) of the the agency concerned shall require. ‘‘telephone line’’; and Antiterrorism and Effective Death Penalty (3) Amounts for reimbursements under (ii) by inserting before the semicolon at Act of 1996 (Public Law 104–132; 110 Stat. paragraph (1) shall be derived from amounts the end ‘‘or applied’’; and 1274), as paragraph (r); and available to the agency concerned for sala- (B) by striking subparagraph (C) and in- (2) by inserting after paragraph (p) as so ries and expenses. serting the following new subparagraph (C): redesignated by section 201(3) of the Illegal (b) QUALIFIED EMPLOYEE.—In this section, ‘‘(C) a description of the communications Immigration Reform and Immigrant Respon- the term ‘‘qualified employee’’ means an em- to which the order applies, including the sibility Act of 1996 (division C of Public Law ployee of an agency whose position is that number or other identifier and, if known, the 104–208; 110 Stat. 3009–565), the following new of— location of the telephone line or other facil- paragraph: (1) a law enforcement officer performing ity to which the pen register or trap and ‘‘(q) any criminal violation of sections 2332, official counterterrorism duties; or trace device is to be attached or applied, and, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (2) an official of an element of the intel- in the case of an order authorizing installa- (relating to terrorism); or’’. tion and use of a trap and trace device under ligence community performing official SEC. 834. AUTHORITY TO INTERCEPT WIRE, counterterrorism duties outside the United subsection (a)(2), the geographic limits of ORAL, AND ELECTRONIC COMMU- States. the order; and’’. NICATIONS RELATING TO COM- (c) DEFINITIONS.—In this section: (3) NONDISCLOSURE REQUIREMENTS.—Sub- PUTER FRAUD AND ABUSE. (1) AGENCY.—The term ‘‘agency’’ means section (d)(2) of that section is amended— Section 2516(1)(c) of title 18, United States any Executive agency, as that term is de- (A) by inserting ‘‘or other facility’’ after Code, is amended by striking ‘and section fined in section 105 of title 5, United States ‘‘the line’’; and 1341 (relating to mail fraud),’ and inserting Code, and includes any agency of the legisla- (B) by striking ‘‘, or who has been ordered ‘section 1341 (relating to mail fraud), a fel- tive branch of Government. by the court’’ and inserting ‘‘or applied, or ony violation of section 1030 (relating to (2) ELEMENT OF THE INTELLIGENCE COMMU- who is obligated by the order’’. computer fraud and abuse),’. NITY.—The term ‘‘element of the intelligence (c) EMERGENCY INSTALLATION.— community’’ means any element of the intel- (1) AUTHORITY FOR UNITED STATES ATTOR- SA 1563. Ms. COLLINS proposed an ligence community specified or designated NEYS.—Section 3125(a) of that title is amend- amendment to the bill H.R. 2500, mak- under section 3(4) of the National Security ed in the matter preceding paragraph (1)— ing appropriations for the Departments Act of 1947 (50 U.S.C. 401a(4)). (A) by striking ‘‘or any Deputy Assistant of Commerce, Justice, and State, the (3) LAW ENFORCEMENT OFFICER; PROFES- Attorney General,’’ and inserting ‘‘any Dep- Judiciary, and related agencies for the SIONAL LIABILITY INSURANCE.—The terms uty Assistant Attorney General, or any ‘‘law enforcement officer’’ and ‘‘professional United States Attorney,’’. fiscal year ending September 30, 2002, liability insurance’’ have the meanings given (2) EXPANSION OF EMERGENCY CIR- and for other purposes; as follows: those terms in section 636(c) of the Treasury, CUMSTANCES.—Section 3125(a)(1) of that title On page 34, line 5, after ‘‘Act’’ insert‘‘, of Postal Service, and General Government Ap- is amended— which $250,000 shall be for a grant to the propriations Act, 1997 (5 U.S.C. prec. 5941 (A) in subparagraph (A), by striking ‘‘or’’ Rapid Response Program in Washington and note). at the end; Hancock Counties, Maine’’.

VerDate 31-AUG-2001 05:14 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.085 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9403 SA 1564. Mr. HATCH submitted an (2) CONTENTS OF ORDER.—Subsection (b)(1) SEC. . EMERGENCY PEN REGISTER AUTHORITY amendment intended to be proposed by of that section is amended—— FOR U.S. ATTORNEYS. Section 3125(a) of title 18, United States him to the bill H.R. 2500, making ap- (A) in subparagraph (A)—— (i) by inserting ‘‘or other facility’’ after Code, is amended— propriations for the Departments of ‘‘telephone line’’; and (1) by striking ‘‘any investigative or law Commerce, Justice, and State, the Ju- (ii) by inserting before the semicolon at enforcement officer, specially designated diciary, and related agencies for the the end ‘‘or applied’’; and by’’; and fiscal year ending September 30, 2002, (B) by striking subparagraph (C) and in- (2) by striking ‘‘or any Deputy Assistant and for other purposes; which ordered serting the following new subparagraph (C): Attorney General,’’ and inserting ‘‘any Dep- to lie on the table; as follows: ‘‘(C) a description of the communications uty Assistant Attorney General, or any to which the order applies, including the United States Attorney,’’. At the appropriate place, insert the fol- number or other identifier and, if known, the lowing: location of the telephone line or other facil- SA 1567. Mr. HATCH submitted an SECTION 1. AUTHORITY TO INTERCEPT WIRE, ity to which the pen register or trap and amendment intended to be proposed by ORAL, AND ELECTRONIC COMMU- trace device is to be attached or applied, and, NICATIONS RELATING TO TER- him to the bill H.R. 2500, making ap- RORISM OFFENSES. in the case of an order authorizing installa- propriations for the Departments of Section 2516(1) of title, 18, United States tion and use of a trap and trace device under Commerce, Justice, and State, the Ju- Code, is amended— subsection (a)(2), the geographic limits of diciary, and related agencies for the (1) by redesignating paragraph (p), as so re- the order; and’’. (3) Nondisclosure Requirements.—sub- fiscal year ending September 30, 2002, designed by section 434(2) of the and for other purposes; which was or- Antiterrorism and Effective Death Penalty section (d)(2) of that section is amended:: (A) by inserting ‘‘or other facility’’ after dered to lie on the table; as follows: Act of 1996 (Public Law 104–132; 110 Stat. ‘‘the line’’; and 1274), as paragraph (r); and At the appropriate place, insert the fol- (B) by striking ‘‘or who has been ordered (2) by inserting after paragraph (p) as so lowing: by the court’’ and inserting ‘‘or applied or redesignated by section 201(3) of the Illegal SECTION 1. AUTHORITY TO INTERCEPT WIRE, who is obligated by the order’’. Immigration Reform and Immigrant Respon- ORAL, AND ELECTRONIC COMMU- (c) EMERGENCY INSTALLATION.—Section sibility Act of 1996 (division C of Public Law NICATIONS RELATING TO THE COM- 3125(a)(1) of that title is amended—— PUTER FRAUD AND ABUSE. 104–208; 110 Stat. 3009–565), the following new (1) in subparagraph (A), by striking ‘‘or’’ at Section 2516(1)(c) of title 18, United States paragraph: the end; Code, is amended by striking ‘and section ‘‘(q) any criminal violation of sections 2332, (2) in subparagraph (B), by striking the 1341 (relating to mail fraud),’ and inserting 2332a, 2332b, 2332d, 2339A, or 2339B of this title comma at the end and inserting a semicolon; ‘section 1341 (relating to mail fraud), a fel- (relating to terrorism); or’’. and ony violation of section 1030 (relating to (3) by inserting after subparagraph (B) the computer fraud and abuse),’. SA 1565. Mr. HATCH submitted an following new subparagraphs: amendment intended to be proposed by ‘‘(C) immediate threat to the national se- SA 1568. Mr. HATCH submitted an him to the bill H.R. 2500, making ap- curity interests of the United States; amendment intended to be proposed by propriations for the Departments of ‘‘(D) immediate threat to public health or him to the bill H.R. 2500, making ap- Commerce, Justice, and State, the Ju- safety; or ‘‘(E) an attack on the integrity or avail- propriations for the Departments of diciary, and related agencies for the Commerce, Justice and State, the Judi- fiscal year ending September 30, 2002, ability of a protected computer which attack would be an offense punishable under section ciary, and related agencies for the De- and for other purposes; which was or- 1030(c)(2)(C) of this title,’’. partments of Commerce, Justice, and dered to lie on the table; as follows: (d) DEFINITIONS.— State, the Judiciary, and related agen- At the appropriate place, insert the fol- (1) COURT OF COMPETENT JURISDICTION.— cies for the fiscal year ending Sep- lowing: Paragraph (2) of section 3127 of that title is tember 30, 2002, and for other purposes, SEC. . MODIFICATION OF AUTHORITIES RELAT- amended by striking subparagraph (A) and which was ordered to lie on the table, ING TO USE OF PEN REGISTERS AND inserting the following new subparagraph TRAP AND TRACE DEVICES. (A): as follows: (a) GENERAL LIMITATION ON USE BY GOV- ‘‘(A) any district court of the United At the appropriate place, insert the fol- ERNMENTAL AGENCIES.—Section 3121(c) of States (including a magistrate judge of such lowing: title 18, United States Code, is amended— a court) or any United States Court of Ap- SEC. . LAUNDERING THE PROCEEDS OF TER- (1) by inserting ‘‘or trap and trace device’’ peals having jurisdiction over the offense RORISM after ‘‘pen register’’; being investigated; or’’. Section 1956(c)(7)(D) of title 18, United (2) by inserting ‘‘, routing, addressing,’’ (2) PEN REGISTER.—Paragraph (3) of that States Code, is amended by inserting ‘‘or after ‘‘dialing’’; and section is amended— 2339B’’ after ‘‘2339A’’. (3) by striking ‘‘call processing’’ and in- (A) by striking ‘‘electronic or other im- serting ‘‘the processing and transmitting of pulses’’ and all that follows through ‘‘is at- SA 1569. Mr. REID (for Mr. KERRY wire and electronic communications’’. tached’’ and inserting ‘‘dialing, routing, ad- (for himself and Mr. BOND)) proposed an (b) ISSUANCE OF ORDERS.— dressing, or signalling information trans- amendment to the bill S. 856, to reau- (1) IN GENERAL.—Subsection (a) of section mitted by an instrument or facility from thorize the Small Business Technology 3123 of that title is amended to read as fol- which a wire or electronic communication is Transfer Program, and for other pur- transmitted’’; and lows: poses; as follows: ‘‘(a) IN GENERAL.—(1) Upon an application (B) by inserting ‘‘or process’’ after ‘‘de- made under section 3122(a)(1) of this title, vice’’ each place it appears. Strike all after the enacting clause and in- the court shall enter an ex parte order au- (3) TRAP AND TRACE DEVICE.—Paragraph (4) sert the following: thorizing the installation and use of a pen of that section is amended— SECTION 1. SHORT TITLE. register or trap and trace device if the court (A) by inserting ‘‘or process’’ after ‘‘a de- This Act may be cited as the ‘‘Small Busi- finds that the attorney for the Government vice’’; and ness Technology Transfer Program Reau- has certified to the court that the informa- (B) by striking ‘‘of an instrument’’ and all thorization Act of 2001’’. tion likely to be obtained by such installa- that follows through the end and inserting SEC. 2. EXTENSION OF PROGRAM AND EXPENDI- tion and use is relevant to an ongoing crimi- ‘‘or other dialing, routing, addressing, and TURE AMOUNTS. nal investigation. The order shall, upon serv- signalling information relevant to identi- (a) IN GENERAL.—Section 9(n)(1) of the ice of the order, apply to any entity pro- fying the source of a wire or electronic com- Small Business Act (15 U.S.C. 638(n)(1)) is viding wire or electronic communication munication;’’. amended to read as follows: service in the United States whose assist- ‘‘(1) REQUIRED EXPENDITURE AMOUNTS.— ance is required by effectuate the order. SA 1566. Mr. HATCH submitted an ‘‘(A) IN GENERAL.—With respect to each fis- ‘‘(2) Upon an application made under sec- amendment intended to be proposed by cal year through fiscal year 2009, each Fed- tion 3122(a)(2) of this title, the court shall him to the bill H.R. 2500, making ap- eral agency that has an extramural budget enter an ex parte order authorizing the in- propriations for the Departments of for research, or research and development, in stallation and use of a pen register or trap Commerce, Justice, and State, the Ju- excess of $1,000,000,000 for that fiscal year, and trace device within the jurisdiction of diciary, and related agencies for the shall expend with small business concerns the court if the court finds that the State fiscal year ending September 30, 2002, not less than the percentage of that extra- law enforcement or investigative officer has mural budget specified in subparagraph (B), certified to the court that the information and for other purposes; which was or- specifically in connection with STTR pro- likely to be obtained by such installation dered to lie on the table; as follows: grams that meet the requirements of this and use is relevant to an ongoing criminal At the appropriate place, insert the fol- section and any policy directives and regula- investigation.’’. lowing: tions issued under this section.

VerDate 31-AUG-2001 06:06 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.095 pfrm02 PsN: S13PT1 S9404 CONGRESSIONAL RECORD — SENATE September 13, 2001

‘‘(B) EXPENDITURE AMOUNTS.—The percent- small business concern and the research in- lations establishing standards for the consid- age of the extramural budget required to be stitution under each assisted STTR project; eration of proposals under paragraph (2), in- expended by an agency in accordance with and cluding standards regarding each of the con- subparagraph (A) shall be— ‘‘(iv) how the proceeds from commer- siderations identified in paragraph (2)(B).’’. ‘‘(i) 0.15 percent for each fiscal year cialization, marketing, or sale of technology f through fiscal year 2003; and resulting from each assisted STTR project ‘‘(ii) 0.3 percent for fiscal year 2004 and were allocated (by percentage) between the AUTHORITY FOR COMMITTEES TO each fiscal year thereafter.’’. small business concern and the research in- MEET (b) CONFORMING AMENDMENT.—Section 9 of stitution.’’; and the Small Business Act (15 U.S.C. 638) is (2) in paragraph (2)— COMMITTEE ON ARMED SERVICES amended in subsections (b)(4) and (e)(6), by (A) by inserting ‘‘or an STTR program pur- Mr. HOLLINGS. Mr. President, I ask striking ‘‘pilot’’ each place it appears. suant to subsection (n)(1)’’ after ‘‘(f)(1)’’; unanimous consent that the Com- SEC. 3. INCREASE IN AUTHORIZED PHASE II (B) by striking ‘‘solely for SBIR’’ and in- mittee on Armed Services be author- AWARDS. serting ‘‘exclusively for SBIR and STTR’’; (a) IN GENERAL.—Section 9(p)(2)(B)(ix) of ized to meet during the session of the (C) in subparagraph (A)(iii), by inserting Senate on Thursday, September 13, the Small Business Act (15 U.S.C. ‘‘and STTR’’ after ‘‘SBIR’’; and 638(p)(2)(B)(ix)) is amended— (D) in subparagraph (D), by inserting ‘‘or 2001, at 2:30 p.m., in open session to (1) by striking ‘‘$500,000’’ and inserting STTR’’ after ‘‘SBIR’’. consider the nomination of General ‘‘$750,000’’; and (c) SIMPLIFIED REPORTING REQUIREMENTS.— Richard B. Myers, USAF, for re- (2) by inserting before the semicolon at the Section 9(v) of the Small Business Act (15 appointment in the grade of general end the following: ‘‘, and shorter or longer U.S.C. 638(v)) is amended by inserting ‘‘or and for appointment as the Chairman periods of time to be approved at the discre- STTR’’ after ‘‘SBIR’’ each place it appears. tion of the awarding agency where appro- of the Joint Chiefs of Staff. (d) REPORTS TO CONGRESS.—Section 9(b)(7) The PRESIDING OFFICER. Without priate for a particular project’’. of the Small Business Act (15 U.S.C. 638(b)(7)) (b) EFFECTIVE DATE.—The amendments is amended by striking ‘‘and (o)(9),’’ and in- objection, it is so ordered. made by subsection (a) shall be effective be- serting ‘‘, (o)(9), and (o)(15), the number of COMMITTEE ON COMMERCE, SCIENCE, AND ginning in fiscal year 2004. proposals received from, and the number and TRANSPORTATION SEC. 4. AGENCY OUTREACH. total amount of awards to, HUBZone small Section 9(o) of the Small Business Act (15 Mr. HOLLINGS. Mr. President, I ask business concerns under each of the SBIR U.S.C. 638(o)) is amended— unanimous consent that the Com- and STTR programs,’’. (1) in paragraph (12), by striking ‘‘and’’ at mittee on Commerce, Science, and the end; SEC. 7. STTR PROGRAM-WIDE MODEL AGREE- Transportation be authorized to meet MENT FOR INTELLECTUAL PROP- (2) in paragraph (13), by striking the period ERTY RIGHTS. on Thursday, September 13, 2001, at 9:00 at the end and inserting a semicolon; and (a) DEVELOPMENT OF MODEL AGREEMENT.— am on Corporate Average Fuel Econ- (3) by adding at the end the following: Section 9 of the Small Business Act (15 omy (CAFE). ‘‘(14) implement an outreach program to U.S.C. 638) is amended by adding at the end The PRESIDING OFFICER. Without research institutions and small business con- the following: objection, it is so ordered. cerns for the purpose of enhancing its STTR ‘‘(w) STTR MODEL AGREEMENT FOR INTEL- COMMITTEE ON FINANCE program, in conjunction with any such out- LECTUAL PROPERTY RIGHTS.— reach done for purposes of the SBIR pro- ‘‘(1) IN GENERAL.—The Administrator shall Mr. HOLLINGS. Mr. President, I ask gram; and’’. promulgate regulations establishing a single unanimous consent that the Com- SEC. 5. POLICY DIRECTIVE MODIFICATIONS. model agreement for use in the STTR pro- mittee on Finance be authorized to Section 9(p) of the Small Business Act (15 gram that allocates between small business meet during the session of the Senate U.S.C. 638(p)) is amended by adding at the concerns and research institutions intellec- end the following: on Thursday, September 13, 2001 at tual property rights and rights, if any, to 10:00 am to hear testimony on ‘‘Med- ‘‘(3) MODIFICATIONS.—Not later than 120 carry out follow-on research, development, days after the date of enactment of this or commercialization. icaid Upper Payment Limits: Restoring paragraph, the Administrator shall modify ‘‘(2) OPPORTUNITY FOR COMMENT.—In pro- the State-Federal Partnership.’’ the policy directive issued pursuant to this mulgating regulations under paragraph (1), The PRESIDING OFFICER. Without subsection to clarify that the rights provided the Administrator shall provide to affected objection, it is so ordered. for under paragraph (2)(B)(v) apply to all agencies, small business concerns, research COMMITTEE ON FOREIGN RELATIONS Federal funding awards under this section, institutions, and other interested parties the Mr. HOLLINGS. Mr. President, I ask including the first phase (as described in sub- opportunity to submit written comments.’’. unanimous consent that the Com- section (e)(6)(A)), the second phase (as de- (b) ADOPTION OF MODEL AGREEMENT BY scribed in subsection (e)(6)(B)), and the third FEDERAL AGENCIES.—Section 9(o)(11) of the mittee on Foreign Relations be author- phase (as described in subsection (e)(6)(C)).’’. Small Business Act (15 U.S.C. 638(o)(11)) is ized to meet during the session of the SEC. 6. STTR PROGRAM DATA COLLECTION. amended by striking ‘‘develop a model agree- Senate on Thursday, September 13, 2001 (a) IN GENERAL.—Section 9(o) of the Small ment not later than July 31, 1993, to be ap- at 11 a.m. to hold a nomination hear- Business Act (15 U.S.C. 638(o)), as amended proved by the Administration,’’ and insert- ing. by this Act, is amended by adding at the end ing ‘‘adopt the agreement developed by the the following: Nominee: John D. Negroponte, of the Administrator under subsection (w) as the District of Columbia, to be the Rep- ‘‘(15) collect, and maintain in a common agency’s model agreement’’. resentative of the United States of format in accordance with subsection (v), SEC. 8. FAST PROGRAM ASSISTANCE TO WOMEN- such information from awardees as is nec- OWNED AND MINORITY-OWNED America to the United Nations, with essary to assess the STTR program, includ- SMALL BUSINESS CONCERNS AND the rank and status of Ambassador, ing information necessary to maintain the CONCERNS LOCATED IN AREAS NOT and the Representative of the United database described in subsection (k).’’. PARTICIPATING IN SBIR AND STTR. States of America in the Security (b) DATABASE.—Section 9(k) of the Small (a) SELECTION CONSIDERATION.—Section Business Act (15 U.S.C. 638(k)) is amended— 34(c)(2)(B) of the Small Business Act (15 Council of the United Nations. (1) in paragraph (1)— U.S.C. 657d(c)(2)(B)) is amended— To be introduced by: The Honorable (A) by inserting ‘‘or STTR’’ after ‘‘SBIR’’ (1) in clause (iv), by striking ‘‘and’’ at the TED STEVENS, United States Senate, each place it appears; end; Washington, DC; the Honorable JOHN (B) in subparagraph (C), by striking ‘‘and’’ (2) in clause (v), by striking the period at MCCAIN, United States Senate, Wash- at the end; the end and inserting ‘‘; and’’; and ington, DC; and the Honorable Richard (C) in subparagraph (D), by striking the pe- (3) by adding at the end the following new Holbrooke Counselor, Council on For- riod at the end and inserting ‘‘; and’’; and clause: eign Relations, New York, NY. (D) by adding at the end the following: ‘‘(vi) whether the proposal addresses the ‘‘(E) with respect to assistance under the needs of small business concerns— The PRESIDING OFFICER. Without STTR program only— ‘‘(I) owned and controlled by women; objection, it is so ordered. ‘‘(i) whether the small business concern or ‘‘(II) owned and controlled by minorities; COMMITTEE ON FOREIGN RELATIONS the research institution initiated their col- and Mr. HOLLINGS. Mr. President, I ask laboration on each assisted STTR project; ‘‘(III) located in areas that have histori- unanimous consent that the Com- ‘‘(ii) whether the small business concern or cally not participated in the SBIR and STTR mittee on Foreign Relations be author- the research institution originated any tech- programs.’’. nology relating to the assisted STTR (b) REGULATIONS.—Section 34(c)(4) of the ized to meet during the session of the project; Small Business Act (15 U.S.C. 657d(c)(4)) is Senate on Thursday, September 13, 2001 ‘‘(iii) the length of time it took to nego- amended by adding at the end the following: at 5:00 p.m. to hold a nomination hear- tiate any licensing agreement between the ‘‘The Administrator shall promulgate regu- ing.

VerDate 31-AUG-2001 05:23 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.099 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9405 Nominees: S. Res. 159, Designating the Week Be- The PRESIDING OFFICER. Without The Honorable Patrick Kennedy, of ginning September 16, 2001 as ‘‘Na- objection, it is so ordered. Illinois, to be Representative of the tional Historically Black Colleges and Mr. GREGG. Mr. President, I ask United States of America to the United Universities Week.’’ [Thurmond]. unanimous consent that the following Nations for U.N. Management and Re- The PRESIDING OFFICER. Without staff members be granted the privilege form, with the rank of Ambassador. objection, it is so ordered. of the floor for purposes of debate on Mrs. Laura Kennedy, of New York, to COMMITTEE ON THE JUDICIARY this bill: Jeff Kuhnreich, John Barth, be Ambassador to Turkmenistan. Mr. HOLLINGS. Mr. President, I ask Joe Lozano, and Jeff Taylor of Senator The Honorable Ronald Neumann, of unanimous consent that the Com- HATCH’s staff. Virginia, to be Ambassador to the mittee on the Judiciary be authorized The PRESIDING OFFICER. Without State of Bahrain. to meet to conduct a nominations objection, it is so ordered. Mrs. Marcelle Wahba, of California, hearing on Thursday, September 13, to be Ambassador to the United Arab f Emirates. 2001, at 2:00 p.m. in Dirksen 226. JOINT REFERRAL OF NOMINATION Panel I: Senator Thad Cochran (R– The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- objection, it is so ordered. MS); Senator Christopher Dodd (D–CT); Senator Joseph Lieberman (D–CT); imous consent that the nomination of COMMITTEE ON HEALTH, EDUCATION, LABOR, Senator Trent Lott (R–MS); Senator Harold Craig Manson, of Colorado, to AND PENSIONS be Assistant Secretary for Fish and Mr. HOLLINGS. Mr. President, I ask Diane Feinstein (D–CA); Senator Chuck Wildlife, sent to the Senate by the unanimous consent that the Com- Hagel (R–NE); Senator Hillary Clinton President on September 4, 2001, be re- mittee on Health, Education, Labor, (D–NY); Senator Ben Nelson (D–NE). ferred jointly to the Committee on En- and Pensions be authorized to meet for Panel II: Barrington D. Parker, Jr., a hearing on Protecting Against Ge- to be United States Circuit Judge for ergy and Natural Resources and the netic Discrimination: The Limits Of the Second Circuit. Committee on Environment and Public Existing Laws during the session of the Panel III: Laurie Smith Camp, to be Works. Senate on Thursday, September 13, United States District Judge for the The PRESIDING OFFICER. Without 2001. At 10:00 a.m. District of Nebraska; Michael P. Mills, objection, it is so ordered. The PRESIDING OFFICER. Without to be United States District Judge for f objection, it is so ordered. the Northern District of Mississippi. THE CALENDAR COMMITTEE ON HEALTH, EDUCATION, LABOR, Panel IV: John W. Gillis, to be Direc- Mr. REID. Mr. President, I ask unan- AND PENSIONS tor of the Office of Victims of Crime. Mr. HOLLINGS. Mr. President, I ask The PRESIDING OFFICER. Without imous consent that the Senate proceed, unanimous consent that the Com- objection, it is so ordered. en bloc, to the consideration of Cal- mittee on Health, Education, Labor, SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND endar Nos. 138 and 139. and Pensions be authorized to meet in WATER The PRESIDING OFFICER. The executive session during the session of Mr. HOLLINGS. Mr. President, I ask clerk will report the joint resolutions the Senate on Thursday, September 13, unanimous Consent that the Com- by title. 2001. mittee on Environment and Public The legislative clerk read as follows: The PRESIDING OFFICER. Without Works, Subcommittee on Fisheries, A joint resolution (S.J. Res. 19) providing objection, it is so ordered. Wildlife, and Water be authorized to for the reappointment of Anne d’Harnoncourt as a citizen regent of the COMMITTEE ON THE JUDICIARY meet on Thursday, September 13, 2001 Board of Regents of the Smithsonian Institu- Mr. HOLLINGS. Mr. President, I ask at 10:00 a.m. to conduct a hearing on tion. unanimous consent that the Com- improving the utilization of available A joint resolution (S.J. Res. 20) providing mittee on the Judiciary be authorized water and wastewater infrastructure for the appointment of Roger W. Sant as a to meet to conduct a markup on Thurs- funding. The hearing will be held in the citizen regent of the Board of Regents of the day, September 13, 2001 at 10:30 a.m., in Rm. SD–406. Smithsonian Institution. SD226. The PRESIDING OFFICER. Without There being no objection, the Senate I. Unfinished business: objection, it is so ordered. proceeded to the consideration of the S. 754, the Drug Competition Act of SUBCOMMITTEE ON PUBLIC HEALTH joint resolutions. 2001 [Leahy/Kohl/Schumer/Durbin/Fein- Mr. HOLLINGS. Mr. President, I ask Mr. REID. Mr. President, I ask unan- gold/Cantwell/Grassley]. unanimous consent that the Com- imous consent that these joint resolu- S. 1319/H.R. 2215, The Department of mittee on Health, Education, Labor, tions be considered read three times, Justice FY2002 Authorization Bill and Pensions, Subcommittee on Public passed, and the motions to reconsider [Leahy/Hatch]. Health, be authorized to meet for a be laid upon the table, en bloc; that S. 1140, the Motor Vehicle Franchise hearing on Revitalizing Protections for any statements relating to these reso- Contract Arbitration Fairness Act of Humans Subjects in Research during ECORD 2001 [Hatch/Feingold/Grassley/Leahy]. lutions be printed in the R ; fur- II. Nominations: the session of the Senate on Thursday, ther, that the consideration of these To Be United States Attorney: September 13, 2001, at 2:00 p.m. items appear separately in the RECORD, Michael G. Heavican—District of Ne- The PRESIDING OFFICER. Without with the above occurring with no inter- braska; Paul J. McNulty—Eastern Dis- objection, it is so ordered. vening action. trict of Virginia; Colm F. Connolly— SUBCOMMITTEE ON TECHNOLOGY AND SPACE The PRESIDING OFFICER. Without District of Delaware; Roscoe C. How- Mr. HOLLINGS. Mr. President, I ask objection, it is so ordered. ard, Jr.—District of the District of Co- unanimous consent that the Sub- f committee on Technology and Space of lumbia; Michael J. Sullivan—District REAPPOINTMENT OF ANNE the Committee on Commerce, Science, of Massachusetts; Joseph S. Van D’HARNONCOURT AS A CITIZEN and Transportation be authorized to Bokkelen—Northern District of Indi- REGENT OF THE BOARD OF RE- meet on Thursday, September 13, 2001, ana; Stephen B. Pence—Western Dis- GENTS OF THE SMITHSONIAN IN- at 2:00 p.m. on Digital Divide. trict of Kentucky; Gregory F. Van STITUTION Tatenhove—Eastern District of Ken- The PRESIDING OFFICER. Without tucky; Thomas B. Heffelfinger—Dis- objection, it is so ordered. The joint resolution (S.J. Res. 19), trict of Minnesota; Patrick L. Mee- f providing for the reappointment of han—Eastern District of Pennsylvania; Anne d’Harnoncourt as a citizen regent PRIVILEGES OF THE FLOOR Mary Beth Buchanan—Western Dis- of the Board of Regents of the Smithso- trict of Pennsylvania; Peter W. Hall— Mr. GREGG. I ask unanimous con- nian Institution, which had been re- District of Vermont. sent that Rebecca Farmer and Casey ported from the Committee on Rules III. Bills: McGinley, members of Senator KYL’s and Administration, was considered, S. 1315, The Judicial Improvement staff, be granted the privilege of the ordered to be engrossed for a third and Integrity Act of 2001 [Leahy/ floor during the pending debate on H.R. reading, read the third time, and Hatch]. 2500. passed, as follows:

VerDate 31-AUG-2001 06:21 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.101 pfrm02 PsN: S13PT1 S9406 CONGRESSIONAL RECORD — SENATE September 13, 2001 S.J. RES. 19 The provision authorizing the ‘S’ visa eral agency that has an extramural budget Resolved by the Senate and House of Rep- expired yesterday, so without this leg- for research, or research and development, in resentatives of the United States of America in islation law enforcement will be unable excess of $1,000,000,000 for that fiscal year, Congress assembled, to take advantage of it. The State and shall expend with small business concerns That, in accordance with section 5581 of not less than the percentage of that extra- Justice Departments have requested mural budget specified in subparagraph (B), the Revised Statutes of the United States (20 that we reinstitute the ‘S’ visa. I urge U.S.C. 43), the vacancy on the Board of Re- specifically in connection with STTR pro- gents of the Smithsonian Institution, in the the Senate to grant this request and to grams that meet the requirements of this class other than Members of Congress, occur- give law enforcement the support it section and any policy directives and regula- ring by reason of the expiration of the term needs in this area. tions issued under this section. of Anne d’Harnoncourt of Pennsylvania, is This is a limited program, but it ‘‘(B) EXPENDITURE AMOUNTS.—The percent- filled by reappointment of the incumbent for serves an important purpose. The num- age of the extramural budget required to be a term of 6 years. The reappointment shall ber of ‘S’ visas granted in a year is lim- expended by an agency in accordance with take effect on December 29, 2001. subparagraph (A) shall be— ited to 200 for those providing informa- ‘‘(i) 0.15 percent for each fiscal year f tion about crimes and an additional 50 through fiscal year 2003; and PROVIDING FOR THE APPOINT- specifically devoted to those who can ‘‘(ii) 0.3 percent for fiscal year 2004 and MENT OF ROGER W. SANT AS A provide information about terrorism. each fiscal year thereafter.’’. Our law enforcement officials face a (b) CONFORMING AMENDMENT.—Section 9 of CITIZEN REGENT OF THE SMITH- the Small Business Act (15 U.S.C. 638) is SONIAN INSTITUTION terrible responsibility in seeking out the perpetrators of these evil acts. I am amended in subsections (b)(4) and (e)(6), by striking ‘‘pilot’’ each place it appears. The joint resolution (S.J. Res. 20), pleased to cosponsor this legislation, providing for the appointment of Roger and hope that it helps in this search. SEC. 3. INCREASE IN AUTHORIZED PHASE II W. Sant as a citizen regent of the AWARDS. Mr. REID. Mr. President, I ask unan- (a) IN GENERAL.—Section 9(p)(2)(B)(ix) of Board of Regents of the Smithsonian imous consent that the bill be read a the Small Business Act (15 U.S.C. Institution, which had been reported third time and passed, the motion to 638(p)(2)(B)(ix)) is amended— from the Committee on Rules and Ad- reconsider be laid upon the table, and (1) by striking ‘‘$500,000’’ and inserting ministration, was considered, ordered that any statements relating to the ‘‘$750,000’’; and (2) by inserting before the semicolon at the to be engrossed for a third reading, bill be printed in the RECORD. end the following: ‘‘, and shorter or longer read the third time, and passed, as fol- The PRESIDING OFFICER. Without lows: periods of time to be approved at the discre- objection, it is so ordered. tion of the awarding agency where appro- S.J. RES. 20 The bill (S. 1424) was read the third priate for a particular project’’. Resolved by the Senate and House of Rep- time and passed. (b) EFFECTIVE DATE.—The amendments resentatives of the United States of America in (The text of S. 1424 is printed in to- made by subsection (a) shall be effective be- Congress assembled, That, in accordance with day’s RECORD under ‘‘Statements on In- ginning in fiscal year 2004. section 5581 of the Revised Statutes of the troduced Bills and Joint Resolutions.’’) SEC. 4. AGENCY OUTREACH. United States (20 U.S.C. 43), the vacancy on Section 9(o) of the Small Business Act (15 the Board of Regents of the Smithsonian In- f U.S.C. 638(o)) is amended— stitution, in the class other than Members of (1) in paragraph (12), by striking ‘‘and’’ at Congress, occurring by reason of the resigna- SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM REAU- the end; tion of Howard H. Baker, Jr., of Washington, (2) in paragraph (13), by striking the period D.C., is filled by the appointment of Roger THORIZATION ACT OF 2001 at the end and inserting a semicolon; and W. Sant of Washington, D.C. The appoint- Mr. REID. Mr. President, I ask unan- (3) by adding at the end the following: ment is for a term of 6 years and shall take imous consent that the Senate proceed ‘‘(14) implement an outreach program to effect on the date of enactment of this joint research institutions and small business con- resolution. to the immediate consideration of Cal- endar No. 142, S. 856. cerns for the purpose of enhancing its STTR f program, in conjunction with any such out- The PRESIDING OFFICER. The reach done for purposes of the SBIR pro- AMENDING THE IMMIGRATION clerk will report the bill by title. gram; and’’. AND NATIONALITY ACT The legislative clerk read as follows: SEC. 5. POLICY DIRECTIVE MODIFICATIONS. Mr. REID. Mr. President, I ask unan- A bill (S. 856) to reauthorize the Small Section 9(p) of the Small Business Act (15 imous consent that the Senate proceed Business Technology Transfer Program, and U.S.C. 638(p)) is amended by adding at the for other purposes. end the following: to the immediate consideration of S. ‘‘(3) MODIFICATIONS.—Not later than 120 1424, introduced earlier today by Sen- There being no objection, the Senate proceeded to consider the bill. days after the date of enactment of this ator KENNEDY. paragraph, the Administrator shall modify The PRESIDING OFFICER. The AMENDMENT NO. 1569 the policy directive issued pursuant to this clerk will report the bill by title. Mr. REID. Mr. President, I under- subsection to clarify that the rights provided The legislative clerk read as follows: stand Senators KERRY and BOND have a for under paragraph (2)(B)(v) apply to all Federal funding awards under this section, A bill (S. 1424) to amend the Immigration substitute amendment at the desk. including the first phase (as described in sub- and Nationality Act to provide permanent The PRESIDING OFFICER. The section (e)(6)(A)), the second phase (as de- authority for the admission of ‘‘S’’ visa non- clerk will report the amendment. scribed in subsection (e)(6)(B)), and the third immigrants. The legislative clerk read as follows: phase (as described in subsection (e)(6)(C)).’’. There being no objection, the Senate The Senator from Nevada [Mr. REID], for SEC. 6. STTR PROGRAM DATA COLLECTION. proceeded to the consideration of the Mr. KERRY, for himself and Mr. BOND, pro- (a) IN GENERAL.—Section 9(o) of the Small bill. poses an amendment numbered 1569. Business Act (15 U.S.C. 638(o)), as amended Mr. LEAHY. Mr. President, in this The amendment is as follows: by this Act, is amended by adding at the end time of tragedy, there are a few things (Purpose: To provide for a complete the following: Congress can do to provide immediate substitute) ‘‘(15) collect, and maintain in a common assistance. Passage of this legislation format in accordance with subsection (v), Strike all after the enacting clause and in- such information from awardees as is nec- is one of them. sert the following: essary to assess the STTR program, includ- This bill restores the ‘S’ visa, which SECTION 1. SHORT TITLE. ing information necessary to maintain the Congress created as part of the 1994 This Act may be cited as the ‘‘Small Busi- database described in subsection (k).’’. Violent Crime Control Act. The visa al- ness Technology Transfer Program Reau- (b) DATABASE.—Section 9(k) of the Small lows foreign nationals with critical in- thorization Act of 2001’’. Business Act (15 U.S.C. 638(k)) is amended— formation about criminal cases, espe- SEC. 2. EXTENSION OF PROGRAM AND EXPENDI- (1) in paragraph (1)— cially events of terrorism, to remain in TURE AMOUNTS. (A) by inserting ‘‘or STTR’’ after ‘‘SBIR’’ the United States legally for the pur- (a) IN GENERAL.—Section 9(n)(1) of the each place it appears; Small Business Act (15 U.S.C. 638(n)(1)) is (B) in subparagraph (C), by striking ‘‘and’’ pose of cooperating with law enforce- amended to read as follows: at the end; ment. An application for the visa must ‘‘(1) REQUIRED EXPENDITURE AMOUNTS.— (C) in subparagraph (D), by striking the pe- be made by a Federal, State, or local ‘‘(A) IN GENERAL.—With respect to each fis- riod at the end and inserting ‘‘; and’’; and law enforcement agency or by a court. cal year through fiscal year 2009, each Fed- (D) by adding at the end the following:

VerDate 31-AUG-2001 06:17 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.105 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9407 ‘‘(E) with respect to assistance under the ‘‘(I) owned and controlled by women; (NASA); the National Science Founda- STTR program only— ‘‘(II) owned and controlled by minorities; tion (NSF); and the Department of En- ‘‘(i) whether the small business concern or and ergy (DoE). the research institution initiated their col- ‘‘(III) located in areas that have histori- There are three phases of the pro- laboration on each assisted STTR project; cally not participated in the SBIR and STTR gram. Phase I is a one-year grant for ‘‘(ii) whether the small business concern or programs.’’. $100,000, and its purpose is to determine the research institution originated any tech- (b) REGULATIONS.—Section 34(c)(4) of the nology relating to the assisted STTR Small Business Act (15 U.S.C. 657d(c)(4)) is the scientific and commercial merits of project; amended by adding at the end the following: an idea. Phase II is a two-year grant ‘‘(iii) the length of time it took to nego- ‘‘The Administrator shall promulgate regu- for $500,000, and its purpose is to fur- tiate any licensing agreement between the lations establishing standards for the consid- ther develop the idea. Phase III is used small business concern and the research in- eration of proposals under paragraph (2), in- to pursue commercial applications of stitution under each assisted STTR project; cluding standards regarding each of the con- the idea and cannot be funded with and siderations identified in paragraph (2)(B).’’. STTR funds. Only private-sector and ‘‘(iv) how the proceeds from commer- Mr. KERRY. Mr. President, today I non-STTR Federal funds may be used cialization, marketing, or sale of technology resulting from each assisted STTR project rise to urge passage of S. 856, the Small in Phase III. were allocated (by percentage) between the Business Technology Transfer (STTR) At the Committee on Small Business small business concern and the research in- Program Reauthorization Act of 2001. and Entrepreneurship hearing on S. 856 stitution.’’; and This legislation reauthorizes the Small we heard from Dr. Anthony N. Pirri, (2) in paragraph (2)— Business Administration’s highly suc- Director of the Division of Technology (A) by inserting ‘‘or an STTR program pur- cessful Small Business Technology Transfer at Northeastern University in suant to subsection (n)(1)’’ after ‘‘(f)(1)’’; Transfer (STTR) Program for an addi- Boston, Mass.; Mr. Clifford C. Hoyt, (B) by striking ‘‘solely for SBIR’’ and in- tional eight years. Absent legislative Vice President and Chief Technology serting ‘‘exclusively for SBIR and STTR’’; Officer of Cambridge Research and In- (C) in subparagraph (A)(iii), by inserting action to reauthorize the Small Busi- ness Technology Transfer (STTR) pro- strumentation in Woburn, Mass.; Dr. ‘‘and STTR’’ after ‘‘SBIR’’; and ´ (D) in subparagraph (D), by inserting ‘‘or gram, it will expire on September 30, Barna Szabo, Founder and Chairman of STTR’’ after ‘‘SBIR’’. 2001. Engineering Software Research and De- (c) SIMPLIFIED REPORTING REQUIREMENTS.— On July 19, 2001, the Committee on velopment Inc. in St. Louis, Mo.; Mr. Section 9(v) of the Small Business Act (15 Small Business and Entrepreneurship Kirk Ririe, President and CEO of Idaho U.S.C. 638(v)) is amended by inserting ‘‘or (Committee) considered S. 856, the Technology, Inc. in Salt Lake City, STTR’’ after ‘‘SBIR’’ each place it appears. Utah; Mr. Maurice Swinton, Assistant (d) REPORTS TO CONGRESS.—Section 9(b)(7) Small Business Technology Transfer of the Small Business Act (15 U.S.C. 638(b)(7)) (STTR) Program Reauthorization Act Administrator for the Office of Tech- is amended by striking ‘‘and (o)(9),’’ and in- of 2001, unanimously reported the bill nology at the Small Business Adminis- serting ‘‘, (o)(9), and (o)(15), the number of and recommended its passage. This leg- tration; and Mr. Jim Wells, Director of proposals received from, and the number and islation also makes changes to the Natural Resources and Environment at total amount of awards to, HUBZone small STTR program to facilitate more effec- the General Accounting Office. business concerns under each of the SBIR There was consensus that the pro- and STTR programs,’’. tive collaboration between small busi- nesses and research institutions. gram is meeting its objectives, should SEC. 7. STTR PROGRAM-WIDE MODEL AGREE- be continued, and the Phase II award MENT FOR INTELLECTUAL PROP- The STTR program funds research ERTY RIGHTS. and development (R&D) projects per- amount should be increased. Examples (a) DEVELOPMENT OF MODEL AGREEMENT.— formed jointly by small companies and were given of technological advances Section 9 of the Small Business Act (15 research institutions as an incentive to which improved industries, grew busi- U.S.C. 638) is amended by adding at the end advance the nation’s technological nesses, created jobs and more than re- the following: turned the Federal government’s in- ‘‘(w) STTR MODEL AGREEMENT FOR INTEL- progress and the government’s research vestment. One comment, in particular, LECTUAL PROPERTY RIGHTS.— and development goals. It complements ‘‘(1) IN GENERAL.—The Administrator shall the Small Business Innovation Re- from Mr. Kirk Ririe of Idaho Tech- promulgate regulations establishing a single search (SBIR) program, which was re- nology Inc., which started modestly in model agreement for use in the STTR pro- authorized last year. Whereas the SBIR a potato shed and now has locations in gram that allocates between small business program funds R&D projects at small Idaho and Utah, demonstrates the concerns and research institutions intellec- power of the STTR program: tual property rights and rights, if any, to companies, STTR funds cooperative R&D projects between a small company We were a tiny company—six people work- carry out follow-on research, development, ing with the university group. We were able or commercialization. and a research institution, such as a to, within two years, launch (with about ‘‘(2) OPPORTUNITY FOR COMMENT.—In pro- university or a Federally funded R&D $100,000 in funding) a product that basically mulgating regulations under paragraph (1), lab. Like SBIR R&D projects, STTR filled a hole in biotechnology research and the Administrator shall provide to affected projects help participating agencies development . . . that has gone on to gen- agencies, small business concerns, research achieve their missions in the research erate over $100 million in sales . . . The GAO institutions, and other interested parties the and development arena. It was also de- figures may not [reflect this, but] I guar- opportunity to submit written comments.’’. signed to convert the billions of dollars antee that we have paid a lot more money (b) ADOPTION OF MODEL AGREEMENT BY back to the government in taxes than we re- FEDERAL AGENCIES.—Section 9(o)(11) of the invested in research and development ceived in any of the funding . . . The pro- Small Business Act (15 U.S.C. 638(o)(11)) is at our nation’s universities. Federal gram has been absolutely crucial to us. If we amended by striking ‘‘develop a model agree- laboratories and non-profit research in- had not had this program, we would still be ment not later than July 31, 1993, to be ap- stitutions into new commercial tech- in the potato shed . . . proved by the Administration,’’ and insert- nologies. ing ‘‘adopt the agreement developed by the At the request of the Chairman and Administrator under subsection (w) as the The STTR program was started as a Ranking member of the Committee, agency’s model agreement’’. pilot in 1992, and the first grants were GAO surveyed all companies which had SEC. 8. FAST PROGRAM ASSISTANCE TO WOMEN- made in 1994. The program was reau- received Phase II awards from 1995 to OWNED AND MINORITY-OWNED thorized in 1997 for four years. The pro- 1997. GAO chose these years because SMALL BUSINESS CONCERNS AND gram is not funded out of the Small they were the first years of the pro- CONCERNS LOCATED IN AREAS NOT PARTICIPATING IN SBIR AND STTR. Business Administration’s (SBA) budg- gram and it generally takes three to (a) SELECTION CONSIDERATION.—Section et, but out of the extramural R&D nine years for a company to progress 34(c)(2)(B) of the Small Business Act (15 budgets of Federal agencies or depart- from basic research of a concept to U.S.C. 657d(c)(2)(B)) is amended— ments with extramural R&D budgets of commercialization of a developed prod- (1) in clause (iv), by striking ‘‘and’’ at the $1 billion or more. Such agencies must uct. Though this program is still rel- end; award at least .15 percent of that atively young, the survey results indi- (2) in clause (v), by striking the period at money for STTR projects. Five agen- the end and inserting ‘‘; and’’; and cate it is working effectively. Of the (3) by adding at the end the following new cies currently qualify: the Department 102 companies participating in the sur- clause: of Defense (DoD); the National Insti- vey, 53.5 percent had either commer- ‘‘(vi) whether the proposal addresses the tutes of Health (NIH); the National cialized the technology or received fol- needs of small business concerns— Aeronautics and Space Administration low-on funding for the technology.

VerDate 31-AUG-2001 05:23 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.107 pfrm02 PsN: S13PT1 S9408 CONGRESSIONAL RECORD — SENATE September 13, 2001 These companies had approximately projects. The change in data rights is will all miss working with him. I wish $132 million in sales and $53 million in important because it clarifies that him well in his new job at the Federal additional funding. These STTR win- STTR companies, like SBIR compa- National Mortgage Association ners expect additional sales of more nies, retain the data rights to their (FNMA). I also want to thank all of the than $90 million dollars by 2005. Put- technology through all phases of a members of the Committee for their ting this into perspective, the Govern- STTR project. Unfortunately some work on this legislation and for helping ment’s total awards to these companies agencies have been interpreting the small business. All 19 members of the were less than $60 million, less than law to mean that STTR companies Committee voted for and supported half of the sales to date and about five only retain their data rights through this legislation. percent of the expected sales by 2005. Phases I and II. Mr. President, I urge the Senate to While S. 856 as reported reauthorized This clarification helps protect STTR pass S. 856, as amended. the program for nine years, the Man- companies from losing control of their Mr. BOND. Mr. President, I rise to ager’s amendment reduces this to eight research so that they have a greater lend my strong support to S. 856, the years. This was done in order to reach chance of commercializing their tech- Small Business Technology Transfer consensus promptly and enable the bill nology themselves. This clarification is Program Reauthorization Act of 2001. to pass both houses—before the expira- important because the Committee has The Committee on Small Business and tion date of the program. learned some agencies are providing Entrepreneurship has closely reviewed In FY2004 and thereafter the bill in- the data to bigger contractors for de- the STTR program this year and found creases from .15 to .3 percent of Federal velopment, thereby cutting out the the STTR program to be highly suc- extramural research and development small business. This unfortunate situa- cessful. This important bill acknowl- funds going to this program. Recently tion not only robs small businesses of edges that success by expanding the the program was made $65 million an- revenues, but it also results in expen- program. nually for STTR awards. Based on that sive legal costs for small businesses to This bill, like most bills considered amount, increasing the percentage to .3 protect their data rights. by the Small Business and Entrepre- percent would make $130 million avail- As last year’s legislation did for the neurship Committee, was crafted in a bipartisan manner and approved by a able annually for small business tech- SBIR program, this bill strengthens unanimous vote. I would like to thank nology transfer. The Committee origi- the data collection requirements re- Senator KERRY, and chairman of the nally reported language that would garding awards and the data rights for committee, for his leadership and co- have increased the percentage to .5 per- companies and research institutions operation in this effort. I am pleased to cent in 2007. In order to reach con- that conduct STTR projects. The goal have worked closely with him on this sensus, we agreed to delete the final in- is to collect better information about bill, and I trust our colleagues will cremental increase from the bill until the companies doing the projects, as overwhelmingly support this legisla- we have more experience and informa- well as the research and development, tion. so we can measure success and track tion. The STTR Program was created in The bill also raises the Phase II grant technologies. The Manager’s amend- 1992 to stimulate technology transfer award amount from $500,000 to $750,000. ment expands the reporting require- from research institutions to small This change was intended to address ments to include reporting on firms while, at the same time, accom- concerns by the small businesses and HUBZones small businesses under the plishing the Federal government’s re- the research institutions that $500,000 SBIR and STTR programs. The amend- search and development goals. The pro- typically is no longer enough for this ment also requires the SBA and the gram is designed to convert the billions stage of research and development. As agencies to develop a model agreement of dollars invested in research and de- Dr. Pirri of Northeastern said at the for intellectual property rights. Fi- velopment at our nation’s universities, hearing, ‘‘By expanding the STTR pro- nally, the Manager’s amendment in- federal laboratories and nonprofit re- gram, funding levels will become more cludes a provision that requires SBA, search institutions into new commer- adequate to take technologies through when considering proposals under the cial technologies. It does this by join- the prototype stage and increase their recently enacted Federal and State ing the ideas and resources of research probability of commercial success.’’ Technology Partnership Program institutions with the commercializa- Raising Phase II STTR awards to (FAST), to consider whether the pro- tion experience of small companies. $750,000 makes them consistent with posals address the needs of small busi- To receive an award under the STTR the Small Business Innovation Re- ness concerns: (I) owned and controlled Program, a research institution and a search (SBIR) program’s Phase II by women; (II) owned and controlled by small firm jointly submit a proposal to awards. minorities; and (III) concerns located conduct research on a topic that re- GAO reported that only about 250 in areas that have historically not par- flects an agency’s mission and research universities have participated in the ticipated in the SBIR and STTR Pro- and development needs. The proposals program so far. The Committee be- grams. are then peer-reviewed and judged on lieves, and GAO concurs, that there is This bill will ensure that this suc- their scientific, technical and commer- tremendous potential to involve more cessful program is continued and ex- cial merit. universities in partnering with small panded. It will also provide Congress Numerous benefits result from the businesses to convert research into new with important information and data Federal government fostering collabo- technologies. One of the goals of the on the program and encourage more rations between research institutions STTR program is to create economic outreach to small businesses and re- and small firms. Small firms have development around universities, Fed- search institutions. shown themselves to be excellent at eral laboratories and non-profit re- Mr. President, I want to encourage commercializing research when they search institutions across the country my colleagues to learn about this pro- are provided the opportunity to take are attempting to duplicate the suc- gram, to find out the benefits to their advantage of the expertise and re- cessful clusters similarly developed state’s hi-tech small business, research sources that reside in our nation’s uni- along Massachusetts’ Route 128 and in universities and labs, and to join me in versities. A recent report by the Small California’s Silicon Valley. In order to passing this legislation in the Senate. Business Administration’s Office of Ad- increase participation by a larger num- To my friend from Missouri, Senator vocacy reviewed the rate of return for ber of universities, S. 856 includes a BOND, I want to thank you and your research and development by large and provision encouraging the STTR agen- staff for working with me and my staff small firms both with and without uni- cies to reach out to universities to to build this country’s technological versity partners. When these firms do raise awareness of the program and to progress. I especially want to thank not have university partners, their rate provide information to their faculty one member of Senator BOND’s staff, of return is 14 percent. When a collabo- members. David Bohley. Dave has worked tire- ration is formed between universities S. 856 also strengthens the data lessly and effectively for the tech- and small firms, however, the rate of rights protection for companies and re- nology and small business community. return jumps to 44 percent. By con- search institutions that conduct STTR He is leaving the Committee, and we trast, the rate of return only increases

VerDate 31-AUG-2001 05:23 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.109 pfrm02 PsN: S13PT1 September 13, 2001 CONGRESSIONAL RECORD — SENATE S9409 to 30 percent when large firms and uni- The STTR Program permitted Dr. PROVIDING FOR THE EXPEDITED versities collaborate. Szabo´ , who had originated an algo- PAYMENT OF CERTAIN BENEFITS Moreover, partnerships between rithm he developed at Washington Uni- Mr. REID. Mr. President, I ask unan- small firms and universities have led to versity, to transfer the technology to imous consent that the Senate proceed world-class high-technology economic Engineering Software, which had the to the consideration of H.R. 2882, just development. Numerous studies cite software infrastructure to transition received from the House. the emergence of Silicon Valley and the technology from an academic to a The PRESIDING OFFICER. The the Route 128 corridor in Massachu- practical commercial application. Ac- clerk will report the bill by title. setts as directly resulting from the cording to Dr. Szabo´ , Engineering Soft- The legislative clerk read as follows: partnerships and technology transfer ware has received an estimated $1.25 A bill (H.R. 2882) to provide for the expe- that occurred, and are still occurring, million in sales and follow-on develop- dited payment of certain benefits for a pub- among small firms, Stanford Univer- mental funding resulting from the lic safety officer who was killed or suffered a sity and the Massachusetts Institute of technology funded by the STTR award catastrophic injury as a direct and proxi- Technology. The cooperation between and that the STTR Program was of mate result of a personal injury sustained in industry and these universities has great assistance in transferring the the line of duty in connection with the ter- strengthened considerably our eco- technology from the academic environ- rorist attacks of September 11, 2001. nomic competitiveness in the world. ment to actual use and application. There being no objection, the Senate proceeded to consider the bill. The STTR Program seeks to foster this Based on the proven success of the Mr. LEAHY. Mr. President, I com- same type of economic development in STTR Program to date this legislation mend the Senators from New York for the hundreds of communities around increases the funds allocated for the their leadership on this legislation to the country that contain universities program from .15 percent to .3 percent streamline the Public Safety Officers’ and federal laboratories. Further, the of an agency’s extramural research and Benefits application process so that the STTR Program has proven to be im- development budget. This increase will family members of fire fighters, emer- mensely successful at growing small not require any additional appropria- gency medical technicians and rescue firms from these types of partnerships. tions but merely will reallocate funds In a Committee hearing this year on workers who perished or suffered great in the participating agencies to this the STTR Program, the General Ac- injury in the aftermath of the tragic successful program. I thank Senator counting Office (GAO) reported on the terrorist events of this week. I am LEVIN and Senator WARNER on the commercial success of small firms par- proud to be an original cosponsor of Armed Services Committee for work- ticipating in the STTR program be- S.1422. I applaud Congressman NADLER ing closely with Senator KERRY and me tween 1995 and 1997. The GAO’s findings and Congressman SENSENBRENNER for to make such an increase possible. are truly remarkable. Of the 102 their work on H.R. 2882, which we are When a program is working as well as projects surveyed in that time-frame, passing today. the STTR Program, it would be a mis- over 53 percent had either resulted in Earlier today, I received a call from take if Congress did not build on its sales or follow-on developmental fund- Congressman SENSENBRENNER, Chair- success. ing for the technology. Through 2000, man of the House Judiciary Com- these projects had resulted in $132 mil- This is especially true for Federal in- mittee, who asked me if the Senate lion from sales and $53 million in addi- vestment in small business research would consider and pass H.R. 2882 with- tional developmental funding. More- and development. Despite report after out delay. I thank our leaders, Senator over, the GAO reported that the com- report demonstrating that small busi- DASCHLE and Senator LOTT, for bring- panies that received the STTR awards nesses innovate at a greater rate that ing this legislation before the Senate are projecting an additional $186 mil- large firms, small businesses receive so quickly, and urge the Senate to sup- lion in sales in 2001 and an estimated less than four percent of all Federal re- port it. additional $900 million in sales by 2005. search and development dollars. This We have before us a unique oppor- These numbers are even more out- number has remained essentially un- tunity to provide much-needed relief standing since it typically takes be- changed for the past 22 years. Increas- for the families of the brave men and tween 7 to 10 years to commercialize ing funds for the STTR Program sends women who sacrificed their own lives new technologies successfully. a strong message that the Federal gov- for their fellow Americans. Senator In addition to proving to be an amaz- ernment acknowledges the contribu- CLINTON and a number of other mem- ing commercial success, the STTR Pro- tions that small businesses have made bers of the Senate and House have pro- gram has also provided high-quality re- and will continue to make to govern- posed this bill to amend the Public search to the Federal government. The ment research and development efforts Safety Officers’ Benefits Act of 1976 for GAO has reported in the past that Fed- and to our nation’s economy. the purpose of speeding the process by eral agencies give high ratings to the Mr. President, Senator KERRY and I which the Office of Justice Programs technical quality of STTR research have worked together to produce a at the Department of Justice processes proposals. The Department of Energy, sound, bipartisan bill. This legislation applications for death benefits for fam- for example, rated the quality of the is good for the small business high- ilies of public safety officers killed in proposed research in the top ten per- technology community and will ensure the line of duty in New York City, cent of all research funded by the De- that our Federal research and develop- Washington, D.C., and Western Penn- partment. ment needs are well met in the next sylvania, on September 11. A good example of the benefits that decade. I trust that the bill will receive The Public Safety Officers’ Benefits the STTR Program provides to small the overwhelming support of my col- Program provides $150,000 in benefits firms and universities is the experience leagues. for each of the families of law enforce- of Engineering Software Research and Mr. REID. Mr. President, I ask unan- ment officers, firemen, emergency re- Development, Inc. in St. Louis, Mis- imous consent that the substitute sponse squad members, ambulance souri. The chairman and founder of amendment be agreed to, the bill, as crew members who are killed in the that company, Dr. Barna Szabo´ , testi- amended, be considered read a third line of duty. Current regulations, how- fied on the STTR program before the time and passed, the motion to recon- ever, require the families of public Committee in July of this year. Engi- sider be laid upon the table, and that safety officers who have fallen in the neering Software, in partnership with any statements relating to the bill be line of duty to go through a cum- Washington University in St. Louis, re- printed in the RECORD. bersome and time-consuming applica- ceived a phase two award from the Air tion process. In the face of this na- Force to develop an innovative method The PRESIDING OFFICER. Without tional tragedy, it is important that we of analyzing the stresses placed on objection, it is so ordered. begin to process quickly this measure composite materials. While this tech- The amendment (No. 1569) was agreed of relief for the families of these brave nology is currently being used in the to. Americans who selflessly gave their aeronautics industry, it has many The bill (S. 856), as amended, was lives so that others might live through other practical applications. read the third time and passed. the attacks of September 11.

VerDate 31-AUG-2001 05:23 Sep 14, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A13SE6.111 pfrm02 PsN: S13PT1 S9410 CONGRESSIONAL RECORD — SENATE September 13, 2001 Mr. REID. Mr. President, I ask unan- The preamble was agreed to. ORDERS FOR FRIDAY, SEPTEMBER imous consent that the bill be read f 14, 2001 three times, passed, the motion to re- consider be laid upon the table, and MEASURE READ THE FIRST Mr. REID. Mr. President, I ask unan- that any statements relating thereto TIME—H.R. 2833 imous consent that when the Senate completes its business today, it ad- be printed in the RECORD, with no in- Mr. REID. Mr. President, I under- tervening action or debate. stand that H.R. 2833, received from the journ until the hour of 9 o’clock tomor- The PRESIDING OFFICER. Without House, is at the desk. I ask for its first row morning, Friday, September 14. I objection, it is so ordered. reading. further ask that on Friday, imme- The bill (H.R. 2882) was read the third The PRESIDING OFFICER. The diately following the prayer and the time and passed. clerk will report. pledge, the Journal of proceedings be f The legislative clerk read as follows: approved to date, the morning hour be deemed to have expired, and the time EXPRESSING THE SENSE OF THE A bill (H.R. 2833) to promote freedom and democracy in Vietnam. for the two leaders be reserved for their CONGRESS THAT AS A SYMBOL use later in the day. OF SOLIDARITY U.S. CITIZENS Mr. REID. Mr. President, I now ask The PRESIDING OFFICER. Without ARE ENCOURAGED TO DISPLAY for its second reading and object to my objection, it is so ordered. THE AMERICAN FLAG own request. The PRESIDING OFFICER. Objec- Mr. REID. Mr. President, I ask unan- tion is heard. The bill will be read for f imous consent that the Senate proceed the second time on the next legislative to the consideration of H. Con. Res 225, day. PROGRAM just received from the House. The PRESIDING OFFICER. The f Mr. REID. Mr. President, on tomor- clerk will report. MEASURE READ THE FIRST row, the Senate will convene at 9 a.m. The legislative clerk read as follows: TIME—H.R. 2291 Senators are advised that there will be A concurrent resolution (H. Con. Res 225) Mr. REID. Mr. President, I under- a 9:15 Democratic conference. We ex- expressing the sense of the Congress that as stand that H.R. 2291, just received from pect to consider the Supplemental Ap- a symbol of solidarity following terrorist at- propriations Act during the day. tacks on the United States on September 11, the House, is at the desk. I ask for its 2001, every U.S. citizen is encouraged to dis- first reading. play the flag of the United States. The PRESIDING OFFICER. The f There being no objection, the Senate clerk will report. proceeded to consider the concurrent The legislative clerk read as follows: ADJOURNMENT UNTIL 9 A.M. resolution. A bill (H.R. 2291) to extend the authoriza- TOMORROW Mr. REID. Mr. President, I ask unan- tion of the Drug-Free Communities Support imous consent that the resolution and Program for an additional 5 years, to author- Mr. REID. Having said that, believ- preamble be agreed to, the motion to ize a National Community Antidrug Coali- ing that we have accomplished a lot reconsider be laid upon the table, and tion Institute, and for other purposes. today, I announce that we have no fur- any statements relating thereto be Mr. REID. Mr. President, I now ask ther business to come before the Sen- ate. Therefore, I ask unanimous con- printed in the RECORD as if given, with for its second reading but object to my no intervening action or debate. own request. sent that the Senate stand in adjourn- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Objec- ment under the previous order. objection, it is so ordered. tion is heard. The bill will be read for There being no objection, the Senate, The concurrent resolution (H. Con. the second reading on the next legisla- at 9:28 p.m., adjourned until Friday, Res. 225) was agreed to. tive day. September 14, 2001, at 9 a.m.

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