Congressional Record United States of America PROCEEDINGS and DEBATES of the 107Th CONGRESS, FIRST SESSION

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, OCTOBER 4, 2001 No. 132 Senate The Senate met at 10 a.m. and was from heaven and that You will comfort SCHEDULE called to order by the Honorable HIL- us in Your miraculous way; that You Mr. REID. Madam President, this LARY RODHAM CLINTON, a Senator from will wipe the tears from this Nation’s morning the Senate will resume con- the State of New York. eyes and that You surely will heal our sideration of the motion to proceed on The PRESIDING OFFICER. Today’s land. We offer this prayer up to You, the aviation security bill. There is prayer will be offered by our guest understanding we are hard-pressed on every hope that sometime today we Chaplain, Bishop Eddie Long, of the every side but not crushed, perplexed can begin consideration of that bill. New Birth Missionary Baptist Church, but not in despair; persecuted but not As I mentioned yesterday, there has Decatur, GA. abandoned; struck down but not de- been significant progress made on a stroyed. number of different issues, not the PRAYER In Jesus’ name. Amen. least of which is the tremendous work The guest Chaplain, Bishop Eddie done by the Judiciary Committee. Sen- f Long, offered the following prayer: ator HATCH, working under the chair- Father we bless You and we honor PLEDGE OF ALLEGIANCE manship of Senator LEAHY until about You for the unconditional love You 3 this morning, I understand, com- The Honorable HILLARY RODHAM show to us. We bless You for the mercy pleted their overall work in reaching CLINTON led the Pledge of Allegiance as You have bestowed upon us and for the an agreement on the antiterrorism leg- follows: overflowing grace given us each day. islation. It is very important that has Father, allow us this day to have the I pledge allegiance to the Flag of the been accomplished. It has taken tre- United States of America, and to the Repub- courage of David as we face those who mendous time of that committee. They wish to destroy our moral fabric. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. have worked literally night and day. O Lord, bless this Senate to have the My former press secretary’s husband patience of Your servant, Job, as they f works on that committee. I had the carve out a rational solution to eradi- good fortune of being able to go to a cating the harshness of terrorism. We APPOINTMENT OF ACTING long-scheduled dinner with him last ask You to move now throughout these PRESIDENT PRO TEMPORE Saturday. He had to change clothes in hallowed walls and use these men and The PRESIDING OFFICER. The the car. He had been working all night women to rid our world of the evil clerk will please read a communication Friday and Saturday. The staffs work scourge of terrorism. We pray now for to the Senate from the President pro very hard. the President of these United States. tempore (Mr. BYRD). In spite of that and all the work they Give him wisdom and understanding. The assistant legislative clerk read have done, the Judiciary Committee Let him have the endurance of a lion as the following letter: today is going to meet and report out he bears the ultimate weight of pro- U.S. SENATE, an appeals judge from the State of New viding for our national security; grace PRESIDENT PRO TEMPORE, York, a district court judge from Mis- him with the tenderness of a lamb as Washington, DC, October 4, 2001. sissippi, up to 15 U.S. attorneys, one he nurtures our Nation from the To the Senate: Assistant Attorney General, and the wounds inflicted by the barbaric. We Under the provisions of rule I, paragraph 3, Director of the U.S. Marshal’s Service. also pray for the commanders and the of the Standing Rules of the Senate, I hereby They are going to have a hearing today appoint the Honorable HILLARY RODHAM soldiers who may be sent into harm’s dealing with a circuit court judge from CLINTON, a Senator from the State of New way. York, to perform the duties of the Chair. Louisiana, two judges from Oklahoma, We also pray, Father, for the families ROBERT C. BYRD, a district court judge from Kentucky, a of those who lost their lives as a result President pro tempore. district court judge from Nebraska. I of the horrific acts which took place on Mrs. CLINTON thereupon assumed am very happy to say that a professor September 11. Lord, we further our the chair as Acting President pro tem- from the University of Nevada-Las prayer for those who were wounded on pore. Vegas Law School is going to be, I that day and for the souls of those who hope, reported out of that committee exited this life. We pray Your grace on f soon. There will be a hearing on him the rescue workers who have not today, Jay Bybee, to be Assistant At- ceased their efforts to bring normalcy RECOGNITION OF THE ACTING torney General for the Office of Legal back to our Nation. It is our prayer, MAJORITY LEADER Counsel. Lord, that as we, the United States, The ACTING PRESIDENT pro tem- Next week they have already sched- seek Your face, You will truly hear pore. The Senator from Nevada. uled a long awaited hearing on John

∑ 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 26-SEP-2001 00:38 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.000 pfrm01 PsN: S04PT1 S10258 CONGRESSIONAL RECORD — SENATE October 4, 2001 Walters to be the Director of the Office This procedure of moving to another Madam President, this is not pay- of National Drug Policy Control. They bill puts airport security in limbo. We back time for the fact that we didn’t are going to have a hearing on October are not having votes tomorrow or Mon- get many of our judges approved. This 16 on Tom Sansometti, and then on Oc- day, and certainly not on the weekend. is not payback time. We are working tober 18 they are going to have a hear- Reagan National is up and running through the process as quickly as we ing on another circuit judge and 5 dis- again, and we have shuttles going to can. These judges have been nominated trict court judges. New York and Boston and otherwise, in an appropriate fashion. A lot of I say this because the Judiciary Com- but the holdup in ensuring the security them were late getting here, but we are mittee is overwhelmed with work, and of our airports is now on the part of the moving through them as quickly as we in spite of that we are moving at a very Senate. can. I think it is unfortunate we can- rapid pace. When Senator LEAHY be- Mr. REID. I say to the chairman of not move forward on these appropria- came chairman of the Judiciary Com- the Commerce Committee, who has tions bills. mittee, there had not been any judges worked so hard on this issue and is our f reported out. That had been 6 months leader on this issue, the Senator is this year. We have done this much right. Once we get agreement to be RESERVATION OF LEADER TIME work already this year, which I think able to proceed to this bill, which we The ACTING PRESIDENT pro tem- is significant. wanted to do yesterday, of course, we pore. Under the previous order, the During the first year of President could do that. In the meantime, wheth- leadership time is reserved. Clinton’s Presidency, it is my recollec- er it is an hour, 2 hours, or 3 hours, f tion—I do not have that before me—we whatever Senator LEAHY could do had three circuit court judges during would be time well spent. AVIATION SECURITY ACT—MOTION that entire year. We are going to sur- Once there is any agreement that has TO PROCEED pass that this year quite easily. been reached by the Senator from The ACTING PRESIDENT pro tem- This morning at 8, Senator BYRD South Carolina with the minority, we pore. Under the previous order, the called a meeting. Of course with him would be happy to immediately move Senate will now resume consideration was the ranking member of the Appro- off of that. of the motion to proceed to S. 1447, priations Committee. He met with the The point we are making, I say to my which the clerk will report. 13 subcommittee chairs and the rank- friend from South Carolina, there is no The assistant legislative clerk read ing members to talk about how we need we be in morning business all day. as follows: would move forward on appropriations We have things to do. The Senator can A motion to proceed to consideration of S. bills. We now have the numbers, and we be assured that once there is any 1447, a bill to improve the aviation security, are going to move forward as rapidly as agreement on this vital legislation, and for other purposes. possible. airport security, we will get off of this. The ACTING PRESIDENT pro tem- We still have five bills that have not I have spoken with Senator LEAHY. He pore. The Senator from Wyoming. received Senate action. Seven of them agrees. The Senator does not have to Mr. REID. Will the Senator withhold have received Senate action and we are worry; We want to keep full focus on for a unanimous consent? waiting to complete a conference with this legislation. Mr. THOMAS. Certainly. the House. Under Senate rules, the Mr. HOLLINGS. I thank the distin- Mr. REID. It is my understanding the only way we can move to other matters guished leader. minority is having a party conference. is by unanimous consent. The ACTING PRESIDENT pro tem- If I could ask my friend, for the next I have been in consultation with the pore. Is there objection? hour or so perhaps we should go into majority leader, and as a result of the Mr. THOMAS. I object to the unani- morning business. Any objection to work done by the Judiciary Committee mous consent request. that? in arriving at final numbers, it is now Mr. REID. Madam President, I am Mr. THOMAS. No objection. appropriate we do things today other very disappointed. We need to move than be in morning business. We have forward on this legislation. We had an f objection yesterday on airport secu- work in the Senate that needs to be MORNING BUSINESS done and that can be done, in spite of rity. Now we have one on this appro- the fact there is a motion to proceed on priations bill. We have worked so well Mr. REID. Madam President, I ask this aviation security bill, which is so these past 3 weeks together. We need to unanimous consent until the hour of important. continue. That is the reason I went 11:30 today we be in a period of morning business with Senators allowed to f through the list of work we are doing on the judges. We are working as hard speak therein for a period of up to 10 UNANIMOUS CONSENT REQUEST— as we can. We have been consulting minutes each. H.R. 2506 with the majority leader and assistant The ACTING PRESIDENT pro tem- Mr. REID. I ask unanimous consent minority leader on how to move for- pore. Without objection, it is so or- that the Senate now proceed to Cal- ward. We are doing our level best to do dered. endar No. 147, H.R. 2506, the foreign op- that. f erations appropriations bill. I am very disappointed there has The ACTING PRESIDENT pro tem- been an objection by the minority to PRIORITIZING pore. The Senator from South Caro- moving forward on an unfinished ap- Mr. THOMAS. Madam President, I lina. propriations bill. It is too bad. I would, say to my friend from Nevada, all Mr. HOLLINGS. Madam President, of course, ask we go to the Agriculture Members are anxious to move forward reserving the right to object, I admon- appropriations bill, but there would be with this airport security bill. Unfortu- ish the body that we are ready to go the same objection, so that is a waste nately, the impediment basically has forward and, as the distinguished as- of the Senate’s time. That is too bad. been the threat to bring up amend- sistant majority leader points out, we The President has reached out to the ments that are unrelated. This ought ought to be using the time available to majority in the Senate. We have done to be held to moving that. There will conduct other business, if we cannot go our best to work with the President. I be a conference going on designed to forward with the airline security bill. I am very disappointed. I am confident come to an agreement with regard to have been talking with Senator the President would like us to move this bill. Hopefully, we will be back on MCCAIN to coordinate this effort. While forward on these appropriations bills. I the floor with it today. the managers’ amendment is yet to be think the President himself knows how I am pleased to hear the Judiciary finalized, we have other amendments. hard we are working on these nomina- Committee is finally moving on the It seems to me we could get some kind tions. As I said, if you compare what judges. We have a total of 6 that have of agreement with respect to relevant we have done to the early years of the been confirmed. There are 107 vacan- amendments and consider these meas- Clinton administration, we are doing cies; that is a 121⁄2-percent vacancy. ures. It would not be time wasted. just fine. The total of nominees not yet dealt

VerDate 26-SEP-2001 23:24 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.003 pfrm07 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10259 with is almost 50, 49. We certainly have possible when we even have meetings Border Patrol, or contracting out the an obligation to move forward on that canceled and there is no negotiating responsibilities of the Immigration and issue. going on. Naturalization Service, or contracting I hope as we are working through all We tried to go forward on the foreign out the security of the Capitol, the se- the items that are of such priority that ops bill. I cannot think of a bill, second curity of the White House, or the secu- we can set some priorities and take to the Department of Defense author- rity of a number of other efforts. But those that obviously are most impor- ization we just passed a few days ago, they are prepared to contract out to tant, those that deal with terrorism, that is more important in the context the lowest bidder, with unskilled work- those that deal with security. They of the circumstances in which we find ers, the security of Americans flying, have to be the highest priority. Those ourselves. But we are not even per- notwithstanding everything we have that deal with the economy have to be mitted to proceed forward with that learned. That is just unacceptable. It is priorities. And of course we have to do because, essentially, once again poli- unacceptable. our normal duties. I have been talking tics and ideology are rearing their I hear all kinds of excuses being about this for several weeks. We have heads with a stubbornness that sug- made: There are transition problems; not moved very quickly. gests that a few Members of the Senate you might have contractors quit in the Hopefully we will be able to come are unwilling to allow the entire Sen- meantime. First of all, at a time of back to this bill very soon today. ate to work its will. What an incredible high unemployment and rising unem- I yield the floor and suggest the ab- display at a time when the world is ployment, I think common sense would sence of a quorum. watching the greatest deliberative tell us most of those contractors would The ACTING PRESIDENT pro tem- body, and the greatest nation on the leap at the opportunity to have a bet- pore. The clerk will call the roll. face of this planet with its democracy, ter-paid job and to get more training The assistant legislative clerk pro- try to work effectively to respond to and they will stick on the job because ceeded to call the roll. these needs. What is even more incred- they will be part of an important secu- Mr. KERRY. Madam President, I ask ible to me is that common sense tells rity corps of the United States of unanimous consent that the order for us what the realities are with respect America and they would want to be the quorum call be rescinded. to airport security and, I might add, part of that. And, incidentally, they The ACTING PRESIDENT pro tem- rail security in this country. would want to be part of it because pore. Without objection, it is so or- We woke up this morning to the news they would then have the possibility of dered. that an airliner apparently has ex- having benefits they do not get today, Mr. KERRY. Madam President, we ploded and gone down over the Black which is one of the reasons we have are in morning business; is that cor- Sea, a Russian airliner. We do not employees, notwithstanding all of their rect? know yet to a certainty that it is ter- best efforts and all of their best inten- The ACTING PRESIDENT pro tem- rorism, but we do know the early indi- tions, who are, many of them, simply pore. The Senator is correct. cators of an eye witness report from not fully enough trained or prepared to Mr. KERRY. I ask unanimous con- the pilot in another aircraft is that he do the job they are being asked to do. sent I be permitted to proceed for such saw it explode and saw it disintegrate It is not their fault, but it is the nature time as I may consume. and go down into the sea. And Russian of the pay scale. The ACTING PRESIDENT pro tem- President Putin has said it appears as If you were to compare the difference pore. Without objection, it is so or- if there is some act of terrorism. between the civilian nuclear industry dered. Leaving that aside, we have promised and the military nuclear industry—i.e., f the American people we are going to the U.S. Navy on ships—we have not provide them, not with a level of secu- had major incidents on ships of the NATIONAL SECURITY rity, not with some sort of half-breed U.S. Navy. We have had Navy ships Mr. KERRY. Madam President, as sense that we have arrived at a notion running nuclear reactors, and highly one of the original authors and cospon- of what is acceptable, but we are going successfully, for years now: Sub- sors of the Aviation Security Act, I to provide the best security, the fullest marines, aircraft carriers, cruisers, and take a moment to underscore where level of security we are capable of others. But the military has an unlim- the Senate finds itself at this moment, imagining, that is well within the ited human personnel capacity for re- which I find distressing and deeply reach of this country and well within dundancy, for certitude in the human frustrating and less than an adequate our capacity to afford. checks, and therefore is capable of pro- response to the compelling requests I might add, what we are suggesting viding a kind of safety net that you made by the President of the United we want to provide to Americans, in cannot provide in the private sector be- States a few days ago in a joint session terms of security, they have already cause the private sector is always of Congress. Only a few days ago, the suggested they are willing to pay for thinking about the shareholders, the Senate came together with the House several times over. This is not a ques- return on investment, the cashflow, to listen to the President describe a tion of cost. It is not a question of our and the capacity to do it. So you do not war, to describe the most compelling inability to afford this. It is a question get that kind of redundancy often un- circumstances this Nation has faced of politics, ideology. less it is required. certainly since Pearl Harbor, and per- We have some in the Senate who do The same thing is true of the check- haps in its history in the context of the not like the idea that there might be ing of the security process of people nature of the attack on New York City more Federal employees, that there boarding aircraft. Moreover, we have and the Pentagon. might be more people who might join a now learned that this is something There is a danger in raising the level union even, that there might be more more than just a job, significantly of rhetoric and not meeting it with the people who somehow might not have more than just a job. It is part of the actions that the American public un- their political point of view but who national security framework of our derstand are required of a nation facing nevertheless might perform an impor- country. It is the way in which we will urgent circumstances. It is extraor- tant function for our country. When I prevent a plane from being used as a dinary to me that the Senate is in grid- was in the military, what I learned bomb or a plane from simply being lock. That is where we are, essentially, about, sort of a hierarchy and about blown up, or passengers from being ter- stopped cold in our capacity, not just authority and about training and man- rorized in some form or another. Pas- to do the Airport Security Act and let agement, is that there is a brilliant ef- sengers deserve the greatest sense of the Senate vote its will, whatever that fectiveness to the chain of command safety in traveling. may be—I don’t know what the out- and to the manner in which a Federal For those who are concerned about come will be—but let the democratic entity is organized or a law enforce- the economy, there is not one of us process of the Senate work, Rather ment entity is organized. who has not been visited in the last than trying to hold it up completely, I do not think anybody in this body weeks by members of the auto rental to subject it to some kind of would suggest we ought to be con- industry, restaurant industry, travel prenegotiation that appears to be im- tracting out the responsibilities of the industry, hotels, and countless mayors

VerDate 26-SEP-2001 23:24 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.006 pfrm07 PsN: S04PT1 S10260 CONGRESSIONAL RECORD — SENATE October 4, 2001 who are concerned about the flow of Under the administration’s current Border Patrol on the ground and pro- tourist traffic to their cities. We need offer, the wage scale and the manage- viding security for our air traffic and to get Americans to believe in the level ment decisions are left to the low bid for those people who fly through the of safety that their Government is pro- contractor. Secretary Mineta was in air across those borders. It is the same viding for them. front of our committee just the other concept. I think most people in the It is extraordinary to me. We have day. I asked him specifically: Mr. Sec- country understand that. been through this period of time where retary, isn’t it true that all of these I hope the Senate is going to quickly government has been so denigrated. We companies are basically in a position get enough business of paying atten- have had a long debate in this Senate where they take on the lowest bid, and tion to this issue and resolving it with people arguing so forcefully the it is a bid process that encourages low today. It has been 3 weeks now. One adage: It is not the Government’s bids so that they can survive? He said would have thought this would have money, it is your money and you de- yes. Jane Garvey said yes. That is pre- been one of the first things we would serve a refund. But at the same time, cisely what the current proposal will have done almost by edict and that it you know, they are incapable of doing continue. would have initially been on the table. without the very people who have put It is simply impossible to build more We have seen the extraordinary proc- on displays of courage that have been rail, or gain the kind of efficiency, or ess of sort of back and forth going on absolutely extraordinary over these gain the kind of accountability and now as to whether or not we ought to last week. That was government peo- manage this process effectively if we do it. I don’t think this enters into the ple, paid by government money, who are not prepared to have a Federal civil realm of politics. I don’t think security ran into those buildings to save lives in service structure for these employees. has a label of Democrat or Republican New York. It has been government peo- I might add that while the Europeans on it. It has a common sense label. ple paid by government money who have a slightly amalgamated system, What is the best way to guarantee have saved so many people in the they have wage laws and they have that you are going to have security in course of these weeks. It has been gov- labor laws that we do not have that an airport? If you have a whole bunch ernment people paid by government guarantee the kind of pay structures of different companies, each of which money who organized and managed and accountability structures which we bid, even if you have the Federal stand- people who have been homeless, people are seeking in our approach. ards, even if you have Federal super- who searched for their loved ones, peo- While there is a distinction, it is vision, they are hired by private sector ple who needed some kind of comfort. really a distinction without a dif- entities. They belong in one airport to It has been a government display, if ference because in the end they have one group and in another airport to an- you will, of the effectiveness of money achieved the kind of Federal vision and other group. You don’t get the esprit well spent when we invest it properly. the kind of employee quality which de corps. You don’t get the horizontal The same thing is true of airport se- they have been able to attract as a con- and vertical accountability and man- curity. I want to just highlight the dif- agement that you get by having the ferences between what is being pro- sequence of the ingredients they put civil service standard. That is why we posed by those of us who think we need together. For instance, Belgium has an hourly have an INS. That is why we have a to have a Federal structure versus pay of $14 to $15, they have health ben- Border Patrol. That is why we have an what the administration has currently efits, and they have a turnover rate of ATF. That is why we have all of these offered. With respect to turnover, we other entities that are either State or raise the wages. We raise the wages to less than 4 percent. The Netherlands: Federal law enforcement entities, be- a level that would put the employees $7.50 an hour; England $8 an hour; in cause they guarantee the capacity of on a Federal civil pay scale. That France, they receive an extra month’s the chain of command, they guarantee means you will attract more qualified pay for each 12 months of work, and people and you will have a right to be less than a 50-percent turnover rate accountability, they guarantee the able to raise the standards and raise plus health benefits. training, and they guarantee ulti- the demands of performance, which is We are looking at an extraordinary mately that we will give the American precisely what the American people difference between what European people the security they need. I want to add one other thing. It is want. countries are able to do as they face Under the administration’s current these kinds of terrorism, and they have not on this bill. I think we have to pass proposal, they will only increase the much stricter standards than we have this bill rapidly. There is a whole dif- wages and benefits if the legislation for a longer period of time. ferent group within the Senate who, specifically mandates a living wage It is imperative that we in the Sen- because of their opposition to trains, and health benefits for the employees. ate get about the business of respond- Amtrak, ports and so forth, somehow So there is no demand that the wages ing properly to the demands we face have a cloudy view of what we may be raised. They want to leave it to the with respect to the security of our air- need to do to provide security for our lowest bid process unless somehow ports. rails. But there is absolutely no dis- there is a specific statement to the It seems to me that the transitional tinction whatsoever between those who contrary. issues are easy to work out. It is cer- get on an airplane and travel and those With respect to training, we create a tainly, first of all, normal to assume who get on a train and travel. In point stepped scale based on management re- that those people who are under con- of fact, there are more people in a tun- sponsibilities and seniority so there is tract now will still be under contract. nel at one time on two trains passing an incentive within the structure for If they breach it, I think the full wrath in that tunnel than there are on sev- people to assume management respon- of the Government and the American eral 747s in the sky at the same mo- sibilities, to become supervisors and to people would be ready to come down on ment—thousands of people. We have al- actually supervise with something them, not to mention the lawsuits for ready seen what a fire in a tunnel can more than 3 months on the job. Cur- breach of contract, and not to mention do in Baltimore. We have tunnels up rently the turnover rate at Atlanta air- the loss of jobs for all the employees. and down the east coast. We have port, Hartsfield Airport in Atlanta, is Those transitional problems that are bridges. All of these, if we are indeed 400 percent. The turnover in New York, being conjured up simply don’t hold up facing the kind of long-term threat Boston, and Los Angeles ranges be- to scrutiny. The American public that people have talked about—and we tween 100 percent and 200 percent, 300 knows that if we had a Federal civil believe we are—need to have adequate percent —extraordinary turnover rates. service corps which we could put under security. You can’t expect somebody to be on homeland defense, or where we could I was recently abroad, and I got on a the job at low pay and be able to pro- put it under the Defense Department, if train. I went through the exact same vide the kind of skill necessary to read the Department of Transportation is security procedures to get on that the x-ray machine properly, to profile a uncomfortable with it, what better an train as I do in an airport under the person, to see suspect activity, or even area for the security of our airports? strictest examination—interview, ex- to make the kind of personal searches There is no distinction between pro- amination of ID, and thorough inspec- necessary when that is needed. viding security for our borders with the tion and screening of your bags. You

VerDate 26-SEP-2001 23:24 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.008 pfrm07 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10261 can walk down to Union Station, go to You see, Roger Milliken has stead- were introduced. Today, our country con- any train station in America, and pile fastly supported keeping American tinues to produce a surplus of agricultural on with a bag. You can get off at any manufacturing strong but too often, goods. station and leave your bag on the his wise counsel has gone unheeded by During the current transition, the U.S. is losing both its manufacturing plants and the train. Nobody will know the difference. the so-called ‘‘trade experts.’’ products manufactured in them, as well as We have an absolute responsibility in But make no mistake, in the name of the jobs they provide—thus putting at risk the Senate to be rapid in resolving this globalization, our trade policy is, in our leadership position as the strongest man- question of train security just as we fact, encouraging overproduction, as ufacturing economy in the world. are trying to resolve this question of subsidized foreign industries flood the GLOBALIZATION’S FATAL FLAWS airline security. global market and bring prices in this Our founding fathers, specifically Alex- A lot of these ideas have been around country below the cost of domestic pro- ander Hamilton, understood the importance for a long time. We have always had duction. of manufacturing. The second act of the the ugly head of bureaucracy raising The economic threat has been eating First Congress imposed tariffs on manufac- its objections for one reason or another away at our manufacturing base slowly tured goods from abroad. This encouraged against common sense. We are not even but surely. In this year alone, the ma- our new nation, and its people, to develop looking for the amount of money that our own manufacturing base rather than lignancy will result in the loss of 1 mil- merely exporting low-value raw materials to almost every poll in the country has lion American manufacturing jobs. In our former colonial masters and importing said the American people are prepared the U.S. textile industry, more than back from them the high value-added fin- to spend. Ask anybody. Ask any of the 600,000 jobs have been lost since ished goods. . . . families in New York, or in Wash- NAFTA and the Uruguay Round’s Now as our country stands alone as the ington, or any part of this country who Agreement on Textiles and Clothing world’s last remaining superpower, we in suffered a loss on September 11, what became effective in 1995. textiles and almost all of U.S. manufac- they would be willing to pay on any Sadly, precious little attention is turing find ourselves at risk of losing what ticket to guarantee that they knew our forefathers fought so hard to create. This being paid to the real victims of this is neither necessary nor wise. their loved ones were safe. We are talk- trade policy: the small towns and me- . . . At the current rate, we may end this ing about a few dollars per ticket to be dium-sized cities throughout America decade with as few as seven economically able to guarantee that we have the devastated by plant closings and job viable manufacturing industries remaining strongest capacity and never again losses. The textile and apparel industry in America. have an incident in the air, certainly in the South is only one part of the A recent survey of manufacturing revealed because we weren’t prepared to do what tragedy. The same can be said of the that 36 of our 44 existing manufacturing in- was necessary. auto industry, the steel industry, and dustries had an adverse balance of trade and There is no more urgent business be- had cut substantial numbers of jobs this even the high-tech semiconductor in- year. The hemorrhage continues. fore the Senate today. I hope the Sen- dustry in California. All U.S. manufacturing employment is ate will quickly restore itself as it was Roger Milliken’s eloquent statement shrinking at a pace which will eliminate 1 in the last few weeks to be able to dis- on behalf of American manufacturing million high-paying, middle-class jobs this card ideology, discard politics, and dis- rings clear, and it merits the attention year alone. This is four times what we lost in card sort of the baggage of past years of the Senate. I therefore ask that ex- the year 2000. Actual employment levels in to be able to find the unity and the cerpts from the Milliken statement— our vitally important manufacturing sector common sense that have guided us entitled ‘‘The Wealth of Nations: U.S. have already fallen to levels last seen in 1963. these days and which have made the We are in an era of so-called globalization, Manufacturing in Serious Trouble’’ be and everyone talks about the new economy. Nation proud. We need to do what pro- printed in the RECORD. We have been lured into thinking that the vides the greatest level of security in There being no objection, the mate- negative aspects of these trends are both our country, and that means a Federal rial was ordered to be printed in the unstoppable and inexorable. system of screeners, and most of those RECORD, as follows: Isn’t it our leaders’ responsibility to ensure that this country and its people survive people responsible for access to our air- THE WEALTH OF NATIONS: U.S. this period strong and prosperous? craft and other forms of travel. MANUFACTURING IN SERIOUS TROUBLE I yield the floor. A fatal flaw of the current idea of (By Roger Milliken) globalization is the lack of recognition that f Today almost all of the manufacturing in- subsidized global production creates a strong MILLIKEN JOINS HALL OF FAME dustries in the United States are in serious incentive to create overproduction that out- FOR TEXTILES trouble. I would like to take this time and strips global demand. this place to light a fire of debate on the se- A further flaw is the lack of recognition Mr. HELMS. Madam President, on rious consequences of that statement on the that in emerging economies the people and September 10, Roger Milliken, a distin- future of our country. . . . manufacturing production workers are not guished American, was inducted as a Thanks to Thomas Edison’s invention of paid enough to buy what they make. Instead, charter member of the Textile Hall of the electric light, our industry learned in the fruits of their labor are subsidized and Fame in Lowell, MA. World War I that textile machinery could shipped to the United States, which serves as Roger Milliken has long been a lead- run at night as well as during 12-hour day- the market of first and last resort. time-only shifts. er in the textile industry and his induc- In the process, our standard of living is un- At the end of that war, we found ourselves dermined, and both political and economic tion as a charter member of the Textile with 18 million spindles in place north of the instability is increased.... Hall of Fame was well-deserved. But Mason-Dixon line and 18 million spindles Mounting consumer debt helped fuel the Roger Milliken is far more than an out- south of the Mason-Dixon line, all of which boom of the 1990s. Despite strong produc- standing American industry leader. He could be run around the clock. Our productivity growth, the 80 percent of our country’s is a true patriot, and his love of coun- tion capacity had been doubled. wage earners and their families who work for try constantly manifests itself in Seventy years later, 1990, after a long pe- others have not seen an increase in their real countless ways. riod of fair competition, we found ourselves income over the past 20 years. Roger Milliken’s genuine commit- with 18 million modernized, surviving spin- As increase in purchasing power stagnated dles in the South and 800,000 in the North, because of the massive shifts of good, well- ment to the health of the American producing more products and higher quality paying jobs to low-cost emerging economies, economy is unfailing and unyielding. It than the 36 million spindles after World War we continued our growth of consumer spend- is typical of his nature and his fidelity I. ing, but we did it on credit. Consequently, to his country that he used the occa- Today we are told that during that period the American consumers have been spending sion of his induction into the Textile the U.S. went from an agrarian economy to more than their earnings at the expense of Hall of Fame to sound a warning about an industrial economy and that we are now savings. The result is that we are consuming the continuing erosion of the U.S. man- similarly transitioning to an information- a billion dollars more in manufactured goods ufacturing base—and the hollowing-out based economy. each day than we produce. These facts are a As I see it, the main thing wrong with that prescription for social, political and eco- of the U.S. economy—by the displace- comparison is that in the first transition our nomic unrest. ment of solid manufacturing jobs in country did not lose either the farms or the Our manufacturing base is being eroded as America to low-wage paying countries products of those farms. In fact, agricultural dollars are diverted from wealth creation to all over the world. production increased as new technologies wealth consumption. If economic history has

VerDate 26-SEP-2001 23:24 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.010 pfrm07 PsN: S04PT1 S10262 CONGRESSIONAL RECORD — SENATE October 4, 2001 any lesson for us, it is that a nation’s well- In his hierarchy of economic activity, agri- AFTER SEPTEMBER 11 being is determined by what it produces, not culture came first because of the need to feed Mr. DURBIN. Madam President, by how much it consumes. the people; a strong domestic manufacturing since September 11 there has been such ALTAR OF FREE AND UNFETTERED TRADE base was second as the core of national a flood of emotions in America over the While technologies always present new op- growth; trade was rated third in importance, portunities and challenges, globalism is not and was to be used only to acquire resources events of that day. I think all of us a new idea. It was born around the time of or luxuries not available at home. have been transformed by the experi- Columbus, and most of world politics has Smith understood that those nations who ence and transformed by some of our been about how to control it ever since. Past focus on trade to the neglect of domestic fellow Americans and what they have and present administrations in Washington manufacturing industry may be enriching said and what they have done. seem to think globalization is something themselves but may also be doing the coun- Some of the things that have been new for which the lessons of history are ir- try great harm. written are extraordinary. In just one ‘‘The beginning of wisdom on trade, and in- relevant. moment, I am going to submit for the George Santayana is quoted as saying, deed all economic policy, is to understand ‘‘Those who can’t remember the past are that the purposes of a national economy are RECORD one that I think is exceptional, condemned to repeat it.’’ to enrich all its people, to strengthen its a piece from the BusinessWeek maga- A Spanish leader in 1675 bragged about families, its communities and thereby sta- zine of October 1, 2001, by a writer Spain’s trade deficit, asserting ‘‘all the bilize society. The economy should serve us, named Bruce Nussbaum entitled, ‘‘Real world’s manufacturing serves her and she not the other way around.’’ Masters Of The Universe.’’ I will not serves nobody.’’ However, when its gold and My friend the late Sir James Goldsmith read the entire article, but I will sub- silver ran out, Spain found that its indus- understood this imperative. He also under- mit it for the RECORD. I would like to trial development had withered; it had only stood that the U.S. economy—and the world quote a few sentences from it. He said debts to show for its orgy of manufactured economy itself—cannot be returned to a sus- imports and consumption. That Spanish em- tainable course unless we redress the recent some things with which I agree and I pire collapsed, and those countries who had massive global imbalances between con- think help to put our experience into expanded their manufacturing capabilities sumption and growing overproduction. He some perspective: by selling to Spain were the new world pow- recognized that only one basic approach to A subtle shift in the American zeitgeist ers. globalization could accomplish this goal. took place on Sept. 11. It’s hard to define, Thus it also was with the later demise of He proposed that the United States make and it may not last. But on the day of the the Dutch empire and subsequently the great clear to its trading partners, and its own World Trade Center cataclysm, the country British Empire, ‘‘upon which the sun never multinational companies, that if their prod- changed. Big, beefy working-class guys be- set.’’ ucts are to be sold in the United States, they came heroes once again, replacing the tele- Beguiled by the siren songs of banking, in- must be made substantially in the United genic financial analysts and techno-billion- surance, shipping and services, they ulti- States. aires who once had held the Nation in thrall. mately surrendered their world pre-eminence As Sir James argued: ‘‘America should use Uniforms and public service became ‘‘in.’’ as nations. The Spanish, Dutch and British its matchless market power to ensure that Real sacrifice and real courage were on had all neglected their nations’ manufac- foreign and American corporations become graphic display. turing bases. good corporate citizens of the United States. Maybe it was the class reversals that were Could this happen to the U.S.A.? Or more They should bring us their capital and their so revealing. Men and women making 40 to the point, is it happening? technologies and invest in the U.S.A. This grand a year working for the city respond- I believe the process is already under way, ing—risking their own lives—to save invest- and if we continue sacrificing our manufac- would require them to hire workers in the U.S., pay American wages, pay U.S. taxes, ment bankers and traders making 10 times turing base on the altar of free and unfet- that amount. And dying by the hundreds for tered trade, we will go the way of others. preserve the environment, ensure human rights, and compete on the level playing their effort. The image of self-sacrifice by I believe it is happening because our lead- civil servants in uniform was simply breath- ers in Washington remain unconcerned about field that does exist among the 50 states. ...’’ taking. our near three trillion dollars of accumu- For Americans conditioned in the ’90s to They should be reminded that since the lated debt flowing from the dramatic growth think of oneself first, to be rich above all American market is by far the most impor- of our adverse balance of trade. In the span else, to accumulate all the good material tant in the world, entry is not a right, but a of the last dozen years, we have gone from things, to take safety and security for grant- privilege. In other words, there should be a being the world’s largest creditor nation to ed, this was a new reality. So was the con- price and a reward for doing business in the being its largest debtor nation. And no end trast of genuine bravery to the faux values of United States—making meaningful, long- and no limits are in sight. . . . reality TV shows such as Survivor. Lester Thurow, of MIT fame, in his book term contributions to America’s continued ‘‘The Future of Capitalism’’ (1996) said: ‘‘If security and prosperity, and preserving the He concludes: there is one rule of international economics, global environment. Tragedy has the power to transform us. it is that no country can run a large trade Only then can we make sure we are engag- But rarely is the transformation permanent. deficit forever. Trade deficits need to be fi- ing our people in a race to the top, in living People and societies revert back to the nanced, and it is simply impossible to borrow standards; economic stability; quality of life; norm. But what is the ‘‘norm’’ for America? enough to keep up with the compound inter- and personal security—not in a bankrupting Where are this nation’s true values? Have we est. Yet all the world trade, especially that race to the bottom. . . . stripped too much away in recent years in order to make us lean and mean for the race on the Pacific Rim, depends upon most of f this world being able to run trade surpluses to riches? It is hard to look at the images of with the United States that will allow them ORDER OF BUSINESS the World Trade Center rescue again and again. At least once, however, we should to pay for their trade deficits with Japan. The PRESIDING OFFICER (Ms. When the lending to America stops, and it look at what the rescuers are teaching us, will stop, what happens to current world CANTWELL). The Senator from Nevada. about what matters—and who. trade flows?’’ Mr. REID. Madam President, just for Madam President, I ask unanimous BANKRUPTING RACE TO THE BOTTOM purposes of making an announcement, consent this article be printed in the I believe that in a world where the Amer- there have been a number of Senators RECORD. ican standard of living, as well as power, is who have contacted Senator DASCHLE There being no objection, the article being daily challenged, our political leaders and myself asking about next week’s was ordered to be printed in the in Washington must defend the economic schedule. We will have a Tuesday RECORD, as follows: base upon which Americans depend for their morning vote. So everyone should un- [From Business Week, Oct. 1, 2001] security and their livelihoods. derstand that. REAL MASTERS OF THE UNIVERSE Our leaders cannot expect to keep the pub- The PRESIDING OFFICER. The Sen- lic trust if they abdicate their responsibil- (By Bruce Nussbaum) ities to the electorate by making decisions ator from Illinois. A subtle shift in the American zeitgeist to placate bankers and Wall Street-pressured f took place on Sept. 11. It’s hard to define, corporate managers who exhibit diminishing and it may not last. But on the day of the national concerns. THE AVIATION SECURITY BILL World Trade Center cataclysm, the country Everyone forgets that when Adam Smith Mr. DURBIN. First, Madam Presi- changed. Big, beefy working-class guys be- called his seminal work on economics ‘‘The dent, I ask unanimous consent to be came heroes once again, replacing the tele- Wealth of Nations,’’ he was arguing against genic financial analysts and techno-billion- the notion that trade was the source of na- added as a cosponsor of S. 1447, the aires who once had held the nation in thrall. tional wealth when, to the contrary, he was Aviation Security Act. Uniforms and public service became ‘‘in.’’ arguing that domestic manufacturing was The PRESIDING OFFICER. Without Real sacrifice and real courage were on the true source of national wealth. objection, it is so ordered. graphic display.

VerDate 26-SEP-2001 00:38 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.003 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10263 Maybe it was the class reversals that were things, whether it is family, commu- nothing wrong. The woman, seven months so revealing. Men and women making 40 nity, and church, values that all of us pregnant, whose child will never know its fa- grand a year working for the city respond- hold dear, and certainly a new respect ther, did nothing wrong. ing—risking their own lives—to save invest- They don’t want revenge. They want some- ment bankers and traders making 10 times for this great Nation, which has been thing better in memory of their loved ones. that amount. And dying by the hundreds for symbolized by the sea of flags that you I believe their memorial can and should be the effort. The image of self-sacrifice by civil see in every community across Illinois greater than simply the punishment of the servants in uniform was simply breath- and across the Nation. guilty. It is that out of the shadow of this taking. It is a time of testing for this coun- evil, should emerge lasting good: destruction For Americans conditioned in the ’90s to try, and we will rise to that challenge, of the machinery of terrorism wherever it is think of oneself first, to be rich above all I am certain. We will count our friends. found; hope amongst all nations of a new be- else, to accumulate all the good material Madam President, I would like to ginning where we seek to resolve differences things, to take safety and security for grant- in a calm and ordered way; greater under- ed, this was a new reality. So was the con- also make a part of the RECORD—I will standing between nations and between trast of genuine bravery to the faux values of ask for consent in a moment—one of faiths; and above all justice and prosperity reality TV shows such as Survivor. the most amazing speeches that I have for the poor and dispossessed, so that people SEA OF FLAGS read. It is a speech by someone who is everywhere can see the chance of a better fu- Noteworthy, too, was America’s quick re- not an American but who commented ture through the hard work and creative turn to family, community, church, and pa- on our experience and then pledged his power of the free citizen, not the violence triotism in the aftermath of the tragedy. alliance, his friendship, and his soli- and savagery of the fanatic. People became polite and generous to one I know that here in Britain people are anx- darity to help us in our effort. I refer ious, even a little frightened. I understand another without prodding. On that day and to British Prime Minister Tony Blair, the days that followed, they told their wives that. People know we must act but they and husbands and children and parents and who gave an exceptional speech on soli- worry what might follow. significant others they loved them. And the darity with the United States in our They worry about the economy and talk of flags, the sea of flags that appeared out of war on terrorism. But it was much recession. And, of course there are dangers; it is a nowhere and spread everywhere, worn by more than that. It was a call to united new situation. But the fundamentals of the business-suited managers and eyebrow- international action to work for de- US, British and European economies are pierced, tattooed teenagers. As if by magic, mocracy, prosperity, and freedom. strong. city taxicabs, building canopies, and nearly Out of this tragedy, Prime Minister Every reasonable measure of internal secu- every truck in sight were flying flags. Blair sees an opportunity to remake rity is being undertaken. The offerings of food, money, and blood Our way of life is a great deal stronger and were overwhelming. The generosity was un- our world and to reflect the values we will last a great deal longer than the actions surpassed in our memories. But the manner hold dear. His inspiring call is for a of fanatics, small in number and now facing in which perfect strangers went out of their progressive vision of the future where a unified world against them. way to help one another in all kinds of situa- the world community, as a community, People should have confidence. tions was most amazing. To the surprise of works for economic growth and social This is a battle with only one outcome: our its residents, New York became a small-town justice, and to end regional conflicts. victory not theirs. community. The day-to-day antagonisms We, in the United States, have been too What happened on 11 September was with- among the citizenry melted away. out parallel in the bloody history of ter- The rush to church, synagogue, and, yes, caught up in dealing with our immediate crisis, from time to time, to see rorism. mosque was equally unusual. People re- Within a few hours, up to 7000 people were turned to their religious ceremonies and con- that this is, as Prime Minister Blair annihilated, the commercial centre of New gregations in huge numbers for support and says, ‘‘a moment to seize.’’ York was reduced to rubble and in Wash- guidance. The overflow at the doors dem- Madam President, I ask unanimous ington and Pennsylvania further death and onstrated that many who had not visited in consent that Prime Minister Blair’s en- horror on an unimaginable scale. Let no one years showed up to participate in the famil- tire speech be printed in the RECORD. say this was a blow for Islam when the blood iar and comforting liturgies of their child- There being no objection, the speech of innocent Muslims was shed along with hoods. They joined with their neighbors in was ordered to be printed in the those of the Christian, Jewish and other mourning. RECORD, as follows: faiths around the world. LESSONS TAUGHT We know those responsible. In Afghanistan SPEECH BY BRITISH PRIME MINISTER TONY It was, for a moment, an old America peek- are scores of training camps for the export of BLAIR ing out from behind the new, me-now Amer- terror. Chief amongst the sponsors and ica. We saw a glimpse of a country of shared In retrospect, the Millennium marked only organisers is Usama Bin Laden. values, not competing interest groups; of a moment in time. It was the events of Sep- He is supported, shielded and given succour common cause, not hateful opposition. There tember 11 that marked a turning point in by the Taliban regime. were a few exceptions: Jerry Falwell declar- history, where we confront the dangers of Two days before the 11 September attacks, ing we brought the death and destruction the future and assess the choices facing hu- Masood, the leader of the opposition North- down on ourselves because of homosexuality, mankind. ern Alliance, was assassinated by two suicide abortion, and the American Civil Liberties It was a tragedy. An act of evil. From this bombers. Both were linked to Bin Laden. Union. A silly, stupid comment to be dis- nation, goes our deepest sympathy and pray- Some may call that coincidence. I call it missed in light of the comity of the day—but ers for the victims and our profound soli- payment—payment in the currency these an extremist remark nonetheless made in darity with the American people. people deal in: blood. We were with you at the first. We will stay Be in no doubt: Bin Laden and his people the name of God. How sad. Tragedy has the power to transform us. with you to the last. organised this atrocity. The Taliban aid and Just two weeks ago, in New York, after the But rarely is the transformation permanent. abet him. He will not desist from further church service I met some of the families of People and societies revert back to the acts of terror. They will not stop helping the British victims. norm. But what is the ‘‘norm’’ for America? him. It was in many ways a very British occa- Where are this nation’s true values? Have we Whatever the dangers of the action we sion. Tea and biscuits. It was raining out- stripped too much away in recent years in take, the dangers of inaction are far, far side. Around the edge of the room, strangers order to make us lean and mean for the race greater. making small talk, trying to be normal peo- Look for a moment at the Taliban regime. to riches? It is hard to look at the images of ple in an abnormal situation. It is undemocratic. That goes without say- the World Trade Center rescue again and And as you crossed the room, you felt the ing. again. At least once, however, we should longing and sadness; hands clutching photos There is no sport allowed, or television or look at what the rescuers are teaching us, of sons and daughters, wives and husbands; photography. No art or culture is permitted. about what matters—and who. imploring you to believe them when they All other faiths, all other interpretations of Mr. DURBIN. I recall a few days after said there was still an outside chance of Islam are ruthlessly suppressed. Those who this tragedy making a telephone call to their loved ones being found alive, when you practice their faith are imprisoned. Women a friend of mine, a very successful busi- knew in truth that all hope was gone. are treated in a way almost too revolting to ness executive in Chicago, just to ask And then a middle-aged mother looks you be credible. First driven out of university; him how things were going. He said to in the eyes and tells you her only son has girls not allowed to go to school; no legal me on the phone what this article said. died, and asks you: why? rights; unable to go out of doors without a I tell you: you do not feel like the most man. Those that disobey are stoned. He said: The roaring nineties are over. powerful person in the country at times like There is now no contact permitted with We are going into a new era. that. western agencies, even those delivering food. As this article says, he believes it is Because there is no answer. There is no The people live in abject poverty. It is a re- an era that focuses on a lot of other justification for their pain. Their son did gime founded on fear and funded on the

VerDate 26-SEP-2001 23:24 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.005 pfrm07 PsN: S04PT1 S10264 CONGRESSIONAL RECORD — SENATE October 4, 2001 drugs trade. The biggest drugs hoard in the play the system to gain unfair advantage ate energy without destroying our planet; we world is in Afghanistan, controlled by the over others. could provide work and trade without defor- Taliban. Ninety per cent of the heroin on Round the world, 11 September is bringing estation. British streets originates in Afghanistan. Governments and people to reflect, consider If humankind was able, finally, to make in- The arms the Taliban are buying today are and change. And in this process, amidst all dustrial progress without the factory condi- paid for with the lives of young British peo- the talk of war and action, there is another tions of the 19th Century; surely we have the ple buying their drugs on British streets. dimension appearing. wit and will to develop economically without That is another part of their regime that There is a coming together. The power of despoiling the very environment we depend we should seek to destroy. community is asserting itself. We are upon. And if we wanted to, we could breathe So what do we do? realising how fragile are our frontiers in the new life into the Middle East Peace Process Don’t overreact some say. We aren’t. face of the world’s new challenges. and we must. We haven’t lashed out. No missiles on the Today conflicts rarely stay within national The state of Israel must be given recogni- first night just for effect. boundaries. tion by all; freed from terror; know that it is Don’t kill innocent people. We are not the Today a tremor in one financial market is accepted as part of the future of the Middle ones who waged war on the innocent. We repeated in the markets of the world. East not its very existence under threat. The seek the guilty. Today confidence is global; either its pres- Palestinians must have justice, the chance Look for a diplomatic solution. There is no ence or its absence. to prosper and in their own land, as equal diplomacy with Bin Laden or the Taliban re- Today the threat is chaos; because for peo- partners with Israel in that future. gime. ple with work to do, family life to balance, We know that. It is the only way, just as State an ultimatum and get their response. mortgages to pay, careers to further, pen- we know in our own peace process, in North- We stated the ultimatum; they haven’t re- sions to provide, the yearning is for order ern Ireland, there will be no unification of sponded. and stability and if it doesn’t exist else- Ireland except by consent—and there will be Understand the causes of terror. Yes, we where, it is unlikely to exist here. no return to the days of unionist or Protes- should try, but let there be no moral ambi- I have long believed this interdependence tant supremacy because those days have no guity about this: nothing could ever justify defines the new world we live in. place in the modern world. So the unionists the events of 11 September, and it is to turn People say: we are only acting because it’s must accept justice and equality for nation- justice on its head to pretend it could. the USA that was attacked. Double stand- alists. The action we take will be proportionate; ards, they say. But when Milosevic embarked The Republicans must show they have targeted; we will do all we humanly can to on the ethnic cleansing of Muslims in given up violence—not just a ceasefire but avoid civilian casualties. But understand Kosovo, we acted. weapons put beyond use. And not only the what we are dealing with. Listen to the calls The sceptics said it was pointless, we’d Republicans, but those people who call them- of those passengers on the planes. Think of make matters worse, we’d make Milosevic selves Loyalists, but who by acts of ter- the children on them, told they were going stronger and look what happened, we won, rorism, sully the name of the United King- to die. the refugees went home, the policies of eth- dom. Think of the cruelty beyond our com- nic cleansing were reversed and one of the We know this also. The values we believe prehension as amongst the screams and the great dictators of the last century, will see in should shine through what we do in Af- anguish of the innocent, those hijackers justice in this century. ghanistan. drove at full throttle planes laden with fuel And I tell you if Rwanda happened again To the Afghan people we make this com- into buildings where tens of thousands today as it did in 1993, when a million people mitment. The conflict will not be the end. worked. were slaughtered in cold blood, we would We will not walk away, as the outside world They have no moral inhibition on the have a moral duty to act there also. We were has done so many times before. slaughter of the innocent. If they could have there in Sierra Leone when a murderous If the Taliban regime changes, we will murdered not 7,000 but 70,000 does anyone group of gangsters threatened its democrat- work with you to make sure its successor is doubt they would have done so and rejoiced ically elected Government and people. one that is broad-based, that unites all eth- in it? And we as a country should, and I as Prime nic groups, and that offers some way out of There is no compromise possible with such Minister do, give thanks for the brilliance, the miserable poverty that is your present people, no meeting of minds, no point of un- dedication and sheer professionalism of the existence. derstanding with such terror. British Armed Forces. And, more than ever now, with every bit as Just a choice: defeat it or be defeated by it. We can’t do it all. Neither can the Ameri- much thought and planning, we will assem- And defeat it we must. cans. ble a humanitarian coalition alongside the Any action taken will be against the ter- But the power of the international commu- military coalition so that inside and outside rorist network of Bin Laden. nity could, together, if it chose to. Afghanistan, the refugees, millions on the As for the Taliban, they can surrender the It could, with our help, sort out the blight move even before September 11, are given terrorists; or face the consequences and that is the continuing conflict in the Demo- shelter, food and help during the winter again in any action the aim will be to elimi- cratic Republic of the Congo, where three months. nate their military hardware, cut off their fi- million people have died through war or fam- The world community must show as much nances, disrupt their supplies, target their ine in the last decade. its capacity for compassion as for force. troops, not civilians. We will put a trap A Partnership for Africa, between the de- The critics will say: but how can the world around the regime. veloped and developing world based around be a community? Nations act in their own I say to the Taliban: surrender the terror- the New African Initiative, is there to be self-interest. Of course they do. But what is ists; or surrender power. It’s your choice. done if we find the will. the lesson of the financial markets, climate We will take action at every level, na- On our side: provide more aid, untied to change, international terrorism, nuclear pro- tional and international, in the UN, in G8, in trade; write off debt; help with good govern- liferation or world trade? It is that our self- the EU, in NATO, in every regional grouping ance and infrastructure; training to the sol- interest and our mutual interests are today in the world, to strike at international ter- diers, with UN blessing, in conflict resolu- inextricably woven together. rorism wherever it exists. tion; encouraging investment; and access to This is the politics of globalisation. For the first time, the UN security council our markets so that we practise the free I realise why people protest against has imposed mandatory obligations on all trade we are so fond of preaching. globalisation. UN members to cut off terrorist financing But it’s a deal: on the African side: true de- We watch aspects of it with trepidation. and end safe havens for terrorists. mocracy, no more excuses for dictatorship, We feel powerless, as if we were now pushed Those that finance terror, those who laun- abuses of human rights; no tolerance of bad to and fro by forces far beyond our control. der their money, those that cover their governance, from the endemic corruption of But there’s a risk that political leaders, tracks are every bit as guilty as the fanatic some states, to the activities of Mr Mugabe’s faced with street demonstrations, pander to who commits the final act. henchmen in Zimbabwe. Proper commercial, the argument rather than answer it. The Here in this country and in other nations legal and financial systems. demonstrators are right to say there’s injus- round the world, laws will be changed, not to The will, with our help, to broker agree- tice, poverty, environmental degradation. deny basic liberties but to prevent their ments for peace and provide troops to police But globalisation is a fact and, by and abuse and protect the most basic liberty of them. large, it is driven by people. all: freedom from terror. New extradition The state of Africa is a scar on the con- Not just in finance, but in communication, laws will be introduced; new rules to ensure science of the world. But if the world as a in technology, increasingly in culture, in asylum is not a front for terrorist entry. community focused on it, we could heal it. recreation. In the world of the internet, in- This country is proud of its tradition in giv- And if we don’t, it will become deeper and formation technology and TV, there will be ing asylum to those fleeing tyranny. We will angrier. globalisation. And in trade, the problem is always do so. But we have a duty to protect We could defeat climate change if we chose not there’s too much of it; on the contrary the system from abuse. to. Kyoto is right. We will implement it and there’s too little of it. It must be overhauled radically so that call upon all other nations to do so. The issue is not how to stop globalisation. from now on, those who abide by the rules But it’s only a start. With imagination, we The issue is how we use the power of com- get help and those that don’t, can no longer could use or find the technologies that cre- munity to combine it with justice. If

VerDate 26-SEP-2001 23:24 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.013 pfrm07 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10265 globalisation works only for the benefit of The 20th century killed those ideologies We have cut youth unemployment by 75 the few, then it will fail and will deserve to and their passing causes little regret. But, in per cent. fail. the sense of a governing idea in politics, By more than any government before us. But if we follow the principles that have based on values, no. The governing idea of But we refuse to pay benefit to those who served us so well at home—that power, modern social democracy is community. refuse to work. Why? Because the welfare wealth and opportunity must be in the hands Founded on the principles of social justice. that works is welfare that helps people to of the many, not the few—if we make that That people should rise according to merit help themselves. our guiding light for the global economy, not birth; that the test of any decent society The graffiti, the vandalism, the burnt out then it will be a force for good and an inter- is not the contentment of the wealthy and cars, the street corner drug dealers, the teen- national movement that we should take strong, but the commitment to the poor and age mugger just graduating from the minor pride in leading. weak. school of crime: we’re not old fashioned or Because the alternative to globalisation is But values aren’t enough. The mantle of right-wing to take action against this social isolation. leadership comes at a price: the courage to menace. Confronted by this reality, round the learn and change; to show how values that We’re standing up for the people we rep- world, nations are instinctively drawing to- stand for all ages, can be applied in a way resent, who play by the rules and have a gether. In Quebec, all the countries of North relevant to each age. right to expect others to do the same. and South America deciding to make one Our politics only succeed when the realism And especially at this time let us say: we huge free trade area, rivalling Europe. is as clear as the idealism. celebrate the diversity in our country, get In Asia. In Europe, the most integrated This party’s strength today comes from strength from the cultures and races that go grouping of all, we are now 15 nations. An- the journey of change and learning we have to make up Britain today; and racist abuse other 12 countries negotiating to join, and made. and racist attacks have no place in the Brit- more beyond that. We learnt that however much we strive for ain we believe in. A new relationship between Russia and Eu- peace, we need strong defence capability All these policies are linked by a common rope is beginning. where a peaceful approach fails. thread of principle. And will not India and China, each with We learnt that equality is about equal Now with this second term, our duty is not three times as many citizens as the whole of worth, not equal outcomes. to sit back and bask in it. It is across the the EU put together, once their economies Today our idea of society is shaped around board, in competition policy, enterprise, pen- have developed sufficiently as they will do, mutual responsibility; a deal, an agreement sions, criminal justice, the civil service and not reconfigure entirely the geopolitics of between citizens not a one-way gift, from the of course public services, to go still further the world and in our lifetime? well-off to the dependent. in the journey of change. All for the same That is why, with 60 per cent of our trade Our economic and social policy today owes reason: to allow us to deliver social justice dependent on Europe, three million jobs tied as much to the liberal social democratic train the modern world. up with Europe, much of our political weight dition of Lloyd George, Keynes and Public services are the power of commu- engaged in Europe, it would be a funda- Beveridge as to the socialist principles of the nity in action. They are social justice made real. The mental denial of our true national interest 1945 Government. to turn our backs on Europe. Just over a decade ago, people asked if child with a good education flourishes. The We will never let that happen. Labour could ever win again. Today they ask child given a poor education lives with it for For 50 years, Britain has, unchar- the same question of the Opposition. Painful the rest of their life. How much talent and acteristically, followed not led in Europe. At though that journey of change has been, it ability and potential do we waste? How each and every step. has been worth it, every stage of the way. many children never know not just the earn- There are debates central to our future On this journey, the values have never ing power of a good education but the joy of coming up: how we reform European eco- changed. The aims haven’t. Our aims would art and culture and the stretching of imagi- nomic policy; how we take forward European be instantly recognisable to every Labour nation and horizons which true education defence; how we fight organised crime and leader from Keir Hardie onwards. But the brings? Poor education is a personal tragedy terrorism. means do change. and national scandal. Britain needs its voice strong in Europe Yet even now, with all the progress of re- The journey hasn’t ended. It never ends. and bluntly Europe needs a strong Britain, cent years, a quarter of 11-year-olds fail The next stage for New Labour is not back- rock solid in our alliance with the USA, yet their basic tests and almost a half of 16 year wards; it is renewing ourselves again. Just determined to play its full part in shaping olds don’t get five decent GCSEs. after the election, an old colleague of mine Europe’s destiny. The NHS meant that for succeeding gen- said: ‘‘Come on Tony, now we’ve won again, We should only be part of the single cur- erations, anxiety was lifted from their shoul- can’t we drop all this New Labour and do rency if the economic conditions are met. ders. For millions who get superb treatment what we believe in?’’ They are not window-dressing for a political still, the NHS remains the ultimate symbol I said: ‘‘It’s worse than you think. I really decision. They are fundamental. But if they of social justice. are met, we should join, and if met in this do believe in it.’’ But for every patient waiting in pain, that We didn’t revolutionise British economic parliament, we should have the courage of can’t get treatment for cancer or a heart policy—Bank of England independence, our argument, to ask the British people for condition or in desperation ends up paying tough spending rules—for some managerial their consent in this Parliament. for their operation, that patient’s suffering Europe is not a threat to Britain. Europe is reason or as a clever wheeze to steal Tory is the ultimate social injustice. an opportunity. clothes. And the demands on the system are ever It is in taking the best of the Anglo-Saxon We did it because the victims of economic greater. Children need to be better and bet- and European models of development that incompetence—15 per cent interest rates, 3m ter educated. Britain’s hope of a prosperous future lies. unemployed—are hard-working families. People live longer. There is a vast array of The American spirit of enterprise; the Euro- They are the ones—and even more so, now— new treatment available. pean spirit of solidarity. We have, here also, with tough times ahead—that the economy And expectations are higher. This is a con- an opportunity. Not just to build bridges po- should be run for, not speculators, or cur- sumer age. People don’t take what they’re litically, but economically. rency dealers or senior executives whose pay given. They demand more. What is the answer to the current crisis? packets don’t seem to bear any resemblance We’re not alone in this. All round the Not isolationism but the world coming to- to the performance of their companies. world governments are struggling with the gether with America as a community. Economic competence is the pre-condition same problems. What is the answer to Britain’s relations of social justice. So what is the solution? Yes, public serv- with Europe? Not opting out, but being lead- We have legislated for fairness at work, ices need more money. We are putting in the ing members of a community in which, in al- like the minimum wage which people strug- largest ever increases in NHS, education and liance with others, we gain strength. gled a century for. But we won’t give up the transport spending in the next few years; and What is the answer to Britain’s future? Not essential flexibility of our economy or our on the police too. We will keep to those each person for themselves, but working to- commitment to enterprise. spending plans. And I say in all honesty to gether as a community to ensure that every- Why? Because in a world leaving behind the country: if we want that to continue and one, not just the privileged few get the mass production, where technology the choice is between investment and tax chance to succeed. revolutionises not just companies but whole cuts, then investment must come first. This is an extraordinary moment for pro- industries, almost overnight, enterprise cre- There is a simple truth we all know. For gressive politics. ates the jobs people depend on. decades there has been chronic under-invest- Our values are the right ones for this age: We have boosted pensions, child benefit, ment in British public services. Our historic the power of community, solidarity, the col- family incomes. We will do more. But our mission is to put that right; and the historic lective ability to further the individual’s in- number one priority for spending is and will shift represented by the election of June 7 terests. remain education. was that investment to provide quality pub- People ask me if I think ideology is dead. Why? Because in the new markets coun- lic services for all comprehensively defeated My answer is: tries like Britain can only create wealth by short-term tax cuts for the few. In the sense of rigid forms of economic and brain power not low wages and sweatshop We need better pay and conditions for the social theory, yes. labour. staff; better incentives for recruitment; and

VerDate 26-SEP-2001 23:24 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.014 pfrm07 PsN: S04PT1 S10266 CONGRESSIONAL RECORD — SENATE October 4, 2001 for retention. We’re getting them and re- state funding and student contributions So I believe this is a fight for freedom. And cruitment is rising. criminal justice; and transport. I want to make it a fight for justice too. Jus- This year, for the first time in nearly a I regard it as being as important for the tice not only to punish the guilty. But jus- decade, public sector pay will rise faster country as Clause IV’s reform was for the tice to bring those same values of democracy than private sector pay. Party, and obviously far more important for and freedom to people round the world. And we are the only major government in the lives of the people we serve. And I mean: freedom, not only in the nar- Europe this year to be increasing public And it is a vital test for the modern row sense of personal liberty but in the spending on health and education as a per- Labour Party broader sense of each individual having the centage of our national income. If people lose faith in public services, be economic and social freedom to develop their This Party believes in public services; be- under no illusion as to what will happen. potential to the full. That is what commu- lieves in the ethos of public service; and be- There is a different approach waiting in nity means, founded on the equal worth of lieves in the dedication the vast majority of the wings. Cut public spending drastically; all. public servants show; and the proof of it is let those that can afford to, buy their own The starving, the wretched, the dispos- that we’re spending more, hiring more and services; and those that can’t, will depend on sessed, the ignorant, those living in want paying more than ever before. a demoralised, sink public service. That and squalor from the deserts of Northern Af- Public servants don’t do it for money or would be a denial of social justice on a mas- rica to the slums of Gaza, to the mountain glory. They do it because they find fulfil- sive scale. ranges of Afghanistan: they too are our ment in a child well taught or a patient well It would be contrary to the very basis of cause. cared-for; or a community made safer and we community. This is a moment to seize. The Kaleido- salute them for it. So this is a battle of values. Let’s have scope has been shaken. The pieces are in All that is true. But this is also true. that battle but not amongst ourselves. The flux. Soon they will settle again. Before they That often they work in systems and struc- real fight is between those who believe in do, let us re-order this world around us. tures that are hopelessly old fashioned or strong public services and those who don’t. Today, humankind has the science and even worse, work against the very goals they That’s the fight worth having. technology to destroy itself or to provide aim for. In all of this, at home and abroad, the prosperity to all. Yet science can’t make There are schools, with exactly the same same beliefs throughout: that we are a com- that choice for us. Only the moral power of social intake. One does well; the other badly. munity of people, whose self-interest and a world acting as a community, can. There are hospitals with exactly the same mutual interest at crucial points merge, and ‘‘By the strength of our common patient mix. One performs well; the other that it is through a sense of justice that endeavour we achieve more together than we badly. community is born and nurtured. can alone’’. Without reform, more money and pay And what does this concept of justice con- For those people who lost their lives on won’t succeed. sist of? September 11 and those that mourn them; First, we need a national framework of ac- Fairness, people all of equal worth, of now is the time for the strength to build that countability, inspection; and minimum course. But also reason and tolerance. Jus- community. Let that be their memorial. standards of delivery. tice has no favourites; not amongst nations, f Second, within that framework, we need to peoples or faiths. free up local leaders to be able to innovate, When we act to bring to account those that ACTIVATING GUARD AND develop and be creative. committed the atrocity of September 11, we RESERVE UNITS Third, there should be far greater flexi- do so, not out of bloodlust. Mr. DURBIN. Madam President, one bility in the terms and conditions of employ- We do so because it is just. We do not act ment of public servants. against Islam. The true followers of Islam of the other things I did just a few days Fourth, there has to be choice for the user are our brothers and sisters in this struggle. ago—and I hope my colleagues will of public services and the ability, where pro- Bin Laden is no more obedient to the proper consider doing the same—was to visit vision of the service fails, to have an alter- teaching of the Koran than those Crusaders some of the Guard and Reserve units native provider. of the 12th century who pillaged and mur- that are being activated. If schools want to develop or specialise in dered, represented the teaching of the Gos- When I asked for the opportunity to a particular area; or hire classroom assist- pel. go to Scott Air Force Base in Belle- ants or computer professionals as well as It is time the west confronted its igno- ville, just to spend a few moments with teachers, let them. If in a Primary Care rance of Islam. Jews, Muslims and Christians Trust, doctors can provide minor surgery or are all children of Abraham. the men and women of the 126th Air physiotherapists see patients otherwise re- This is the moment to bring the faiths Guard Refueling Wing, I wasn’t certain ferred to a consultant, let them. closer together in understanding of our com- whether they would consider this a co- There are too many old demarcations, es- mon values and heritage, a source of unity lossal waste of time to have to have pecially between nurses, doctors and consult- and strength. some political figure come and drop by. ants; too little use of the potential of new It is time also for parts of Islam to con- Exactly the opposite happened. technology; too much bureaucracy, too front prejudice against America and not only It was an important experience for many outdated practices, too great an adher- Islam but parts of western societies too. me, and I also think for many of them, ence to the way we’ve always done it rather America has its faults as a society, as we than the way public servants would like to have ours. just to come by, have a few kind words, do it if they got the time to think and the But I think of the Union of America born and to really thank them for the sac- freedom to act. out of the defeat of slavery. rifice they have shown for this coun- It’s not reform that is the enemy of public I think of its Constitution, with its in- try. services. It’s the status quo. alienable rights granted to every citizen still This is an Air Guard unit that has Part of that reform programme is partner- a model for the world. been activated many times. It was ship with the private or voluntary sector. I think of a black man, born in poverty, originally based at O’Hare and now is Let’s get one thing clear. Nobody is talk- who became chief of their armed forces and ing about privatising the NHS or schools. is now secretary of state Colin Powell and I at Scott Air Force Base. They refuel Nobody believes the private sector is a wonder frankly whether such a thing could planes and are very important to any panacea. have happened here. military effort of the United States. There are great examples of public service I think of the Statue of Liberty and how There were about 340 members of this and poor examples. There are excellent pri- many refugees, migrants and the impover- unit, men and women, who have joined vate sector companies and poor ones. There ished passed its light and felt that if not for the military, understanding their lives are areas where the private sector has them, for their children, a new world could would be on the line. To go through the worked well; and areas where, as with parts indeed be theirs. crowd there and meet each one of of the railways, it’s been a disaster. I think of a country where people who do Where the private sector is used, it should well, don’t have questions asked about their them, to talk for a few moments about not make a profit simply by cutting the accent, their class, their beginnings but have their hometowns and their families, wages and conditions of its staff. admiration for what they have done and the baseball, and so many other things But where the private sector can help lever success they’ve achieved. that are just part of American life, was in vital capital investment, where it helps I think of those New Yorkers I met, still in so refreshing and encouraging and, in a raise standards, where it improves the public shock, but resolute; the fire fighters and po- way, inspiring—spending that time service as a public service, then to set up lice, mourning their comrades but still head with them and General Kessler, who is some dogmatic barrier to using it, is to let held high. their commanding officer at Scott Air down the very people who most need our I think of all this and I reflect: yes, Amer- public services to improve. ica has its faults, but it is a free country, a Force Base. This programme of reform is huge: in the democracy, it is our ally and some of the re- Theirs is a unit that has been acti- NHS, education, including student finance,— action to September 11 betrays a hatred of vated, in part. And I am sure others we have to find a better way to combine America that shames those that feel it. will be as well. The 182nd Airlift Wing

VerDate 26-SEP-2001 23:24 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.016 pfrm07 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10267 in Peoria is also a unit that is likely to sponsibility. Beyond that, we have to circumstances meant that you didn’t be mobilized—the 183rd Air National look to the traveling public and other have an employee who was adequately Guard Fighter Wing in Springfield, the vulnerabilities. compensated or trained. 954th Air Reserve Support Unit out of I agree with my colleagues who also I will quickly add that in my home- Scott Air Force Base, the 182nd Air Na- have Amtrak service that we need to town of Springfield, IL, and many air- tional Guard Security Forces, the 126th give to Amtrak the resources and the ports I have visited, the people working Air National Guard Security Forces, authority to make certain they can up- the screening equipment are doing an and the 183 National Guard Security grade their security and take a look at extraordinarily good job. Any one of us Forces out of Springfield. a lot of their vulnerable infrastructure. who has been through an airport at any The one thing they raised to me—and In this Chamber yesterday, Senator time in the past few years knows that I think at least bears some comment in TORRICELLI talked about some of the too often you have found at those secu- this Chamber—was their concern about tunnels. George Warrington of Amtrak rity stations employees who were not their families once they left. That is a has brought this to my attention. taking it seriously. natural feeling. It is one we ought to Many of these tunnels date back to the Examine the analysis from the GAO, remind ourselves of, that we have Civil War in their construction. and it turns out that the turnover in passed laws to protect these men and They do not have adequate safety in some of the airports is 100 percent a women in uniform who are activated so the tunnels so that if anything oc- year, 200 percent a year and, in the that they can return to their jobs with- curred, the people on the train would worst case, over 400 percent a year. The out any loss of status, and also to help be in a very perilous situation. As employees come and go if they are them in some financial circumstances. these trains pass in the tunnels, lit- given an opportunity to take a job at But beyond the laws, and beyond the erally hundreds if not thousands of pas- Cinnabon or anywhere else in the air- Federal commitment, beyond the polit- sengers are trusting that we are doing port. They are quickly gone from the ical speeches, I hope that every com- everything we should do for the secu- screening stations. We have not taken munity across the United States will rity of their transportation. I don’t this responsibility seriously, nor have offer a helping hand to the families of think we are doing enough. In fact, I the airlines. those in the Guard and Reserve who are believe we should include in this avia- Now we face a new day. The private now called on to serve our country, as tion security bill the authorization for contractors who came to me yesterday well as the active-duty men and women Amtrak to receive additional funds for said that it is a different world alto- who are in harm’s way at this moment security. gether overseas. In fact, one of them in service to our Nation. I am troubled—I have to say this noted the fact that in Israel it is a pri- Many times, as I went around Illi- with some regret—that a lot of my col- vate company that handles the secu- nois, people would say: Senator, what leagues in the Senate who have had a rity at the airport with certification by can I do? I have given blood. I have very negative view of Amtrak as a gov- the Government and supervision by the sent my check in. The President has ernmental function are translating Government, as is the case in many said to embrace my family. I did it; I that into a reluctance to address these European capitals. I don’t know if we do it every day. Is there anything more security and safety measures. I am not can safely move in our own minds from I can do? Think about the families of one of them. If we take a look at the what we see today with these same the men and women in uniform in your annual expenditure for transportation companies to a model using those com- community who just may need a help- at the Federal level, we spend roughly panies in a different context. ing hand or a word of encouragement of $33 billion a year on highways, $12 bil- When I asked Secretary Mineta last perhaps a little more. That is some- lion a year on airports—before the cri- week to describe for me how this might thing every one of us should do. sis—and about $500 million a year on work, the details were still forth- f Amtrak. Anyone in the State of Illi- coming. That left me a little bit cold. nois and in many States across the Na- TRANSPORTATION SECURITY Many of my colleagues share the belief tion knows that if we are going to have that the safest way to address this, as Mr. DURBIN. I would like to address a balanced transportation system, we we do in the bill, is to say that we will this issue of aviation security, which need all three. We need aviation, good federalize the security and safety at has been addressed on the floor by my highway transportation and mass tran- airports. This bill goes beyond the colleague from Massachusetts, Senator sit, and a national rail passenger cor- screening station and talks about the KERRY. I note that Senator TORRICELLI poration such as Amtrak. responsibility under this bill. Let me is also in the Chamber. We were in a It is no surprise to me, as I have been quote from it on the security oper- meeting yesterday to discuss security on the trains more often since Sep- ations: transportation security, not just avia- tember 11 than before, that more and The administrator shall establish and en- tion security. There are many of us more Americans are turning there. force rules to improve the fiscal security of served by Amtrak who believe that We have an obligation to protect air traffic control facilities, parked aircraft, George Warrington, the CEO of Am- them, not to wait until there is an ac- aircraft servicing equipment, aircraft sup- trak, has given us fair notice that he cident or something worse. I hope my plies, automobile parking facilities, access needs additional resources to make colleagues will reconsider their opposi- and transition areas at airports served by certain that Amtrak continues to be tion to Amtrak security authorization other means of ground or water transpor- one of the safest ways to travel in and appropriations. We should do it, tation. America. and we should do it now without ques- The important thing is that this bill I believe there are over 600 Amtrak tion. goes far beyond the screening stations stations across this country. They are Our commitment should be to every at the airports. I believe if we are going putting in place the kind of security we American to make their transportation to maintain safety at airports and on want, to make certain that no terrorist as safe as humanly possible. our airplanes, it has to be a secure en- will see a target of opportunity in the Let me address the aviation security vironment. That means we are not only metroliners or Amtrak trains that issue for a minute. Yesterday, in my conscious and sensitive to what pas- crisscross America. office I had representatives of the three sengers bring onto airplanes but every I am happy, as I have noted at the be- major international corporations in- single person who has contact with an ginning of my statement, to be a co- volved in aviation airport screening airplane. A caterer, a clean-up crew, re- sponsor of S. 1447 on aviation security. and security. They told me an inter- fueling personnel, someone who is a There are many provisions that I think esting story. For those who may not be mechanic coming on board, or baggage are excellent. I am happy to join Sen- aware, until this moment in time, we handlers, all of them have to be super- ator HOLLINGS and so many others, on have given to the airlines the responsi- vised to make certain that those air- a bipartisan basis, to support the bill. bility to contract out the security and planes are secure. This bill does it. It But we would be remiss to believe that screening stations at the airports. We does it through federalization. passing a bill on aviation security have found, as we have looked into it, I think we should view the safety of takes care of our obligation, our re- that going to the lowest bidder in some our airports and airplanes as matters

VerDate 26-SEP-2001 23:27 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.018 pfrm07 PsN: S04PT1 S10268 CONGRESSIONAL RECORD — SENATE October 4, 2001 of national security. After September there is any type of nuclear facilities ments. He could not be more correct 11, we can do no less. or electric substations, all within that about the problems with the FBI. In I hope we enact this legislation and region. Think of how valuable that is fact, the FBI had a lot of information do it very quickly so that we can have when we are fighting terrorism. regarding the potential of the events in place a system that will help to re- If they receive a notice at the FBI on September 11 4 and 5 years ago, I store confidence in the flying public. that there has been an explosion at a have learned, in certain compartments. I am happy to report in my own per- certain location, by using this software Regrettably, just because of the sonal experience more and more people they can immediately see before them compartmentalization and the process, are returning to airports. I am glad all of the potential targets and all of that information was never adequately that is the case. the worrisome areas around that explo- followed up on, as I think we will learn f sion. That seems to be an obvious tool. over the course of the next few months. Wouldn’t you assume the FBI already We regret that. FIGHTING TERRORISM had it? They don’t. They don’t have ac- There needs to be an enormous Mr. DURBIN. As a member of the Ju- cess to it because when Mr. Dies said amount of work done in the coordina- diciary and Intelligence Committees, he wanted to buy this software for the tion of the processing of information we have had a number of requests from FBI—and they were excited about re- between the CIA and the FBI. The FBI, the administration for new authority ceiving it—he was told: First you have obviously, has been much more focused to draw up, under Federal procurement to collect information to fight ter- on prosecuting crimes after they hap- laws, a request with specific elements rorism. You will find that the vast ma- pen and not necessarily on taking in- in it as to what you want in this soft- jority of requests by the administra- formation and evaluating it in the con- ware, and then we have to have it put tion will be honored in the bill we will text of a crime that may happen. The consider this week or next. out for bid. We think in about a year we can get it for you. CIA has been much more involved in We will say to FBI and the CIA, other the processing of information. Their law enforcement agencies: Here are The average American can go right now and buy the software off the shelf. human intelligence component in the new tools for you to fight terrorism. CIA has been so devastated in the last We should give to it them because we It is absolutely unforgivable that that basic tool and so many others are being 10, 15 years, that we are light years be- need to provide them what is necessary hind where we ought to be. to protect our Nation. Certainly we denied to the FBI and other law enforcement agencies because of the bu- I will correct my colleague. We had need to keep our laws up to pace with reaucratic mess we have in procure- the security chief from El Al in yester- the changes in technology so that when ment in this Nation. day with Senator HOLLINGS. He said communications are moving by e-mail I am working at this moment on leg- that every facet of airline security is in or through the use of cell telephones, islation that will allow an exception to fact Government managed at this we give to law enforcement the author- our procurement laws in areas of na- point—in fact, the employees. I don’t ity and the opportunity to make cer- tional need and national emergency. know if that was an older process or tain they have access to them. We should have a certification process what. Yesterday, El Al gave us a clear I am concerned, as are many on the that will allow us to step back from description of how they are doing it Judiciary Committee, that it isn’t just this morass of bureaucracy and get to now. It is entirely managed by the a question of the new authority to col- the point of bringing modern com- Government, which is precisely what lect information but a more funda- puters into the FBI so that all the we are suggesting ought to happen mental question: Do these agencies of names and all the tips and all the in- here. law enforcement have the infrastruc- formation collected can be processed, (The remarks of Mr. KERRY per- ture and the capacity to collect, proc- formulated, evaluated, and distributed taining to the introduction of S. 1499 ess, evaluate, and distribute this infor- so that the names of suspects can be are printed in today’s RECORD under mation? given to the Federal Aviation Adminis- ‘‘Statements on Introduced Bills and It was only a few weeks ago that the tration and, in turn, given to all of the Joint Resolutions.’’) Senate Judiciary Committee had its airlines so that they can do their job Mr. KERRY. Mr. President, I thank first oversight hearing in 20 years on when people apply for a ticket. the Senator from New Jersey for his the FBI. The PRESIDING OFFICER (Mr. courtesy in allowing me to step in The information that came to us sug- NELSON of Nebraska). The time for front of him to introduce this legisla- gests that FBI computer capabilities morning business has expired. tion. are archaic, that no successful business Mr. DURBIN. I ask unanimous con- The PRESIDING OFFICER. The Sen- in America could operate with the sent for 1 additional minute. ator from New Jersey. computers we have given to the pre- The PRESIDING OFFICER. Without mier law enforcement agency in Amer- objection, it is so ordered. f ica. Is there any doubt in anyone’s Mr. DURBIN. Mr. President, I hope mind that computer capability is as that during the course of considering ESTABLISHING A BOARD OF important, if not more important, than antiterrorism legislation we don’t stop INQUIRY additional authorization in the law to short of giving new authority to collect Mr. TORRICELLI. Mr. President, collect information? information but also give to the FBI, when this Chamber was new and Mem- Things are being done. A man by the CIA, and other Federal law enforce- bers of the Senate were gathering in name of Bob Dies left the IBM Corpora- ment agencies the infrastructure to use their first years, they were confronted tion and came to the Department of that information. We need to create an with the reality of a civil war which Justice to modernize their computer extraordinary process for extraor- had consumed over 860,000 lives and the systems. I trust him. I believe he has a dinary times. rebuilding of our Republic. Even with good mind. He can help us out of this I yield the floor. those daunting tasks, there was a rec- The PRESIDING OFFICER. The Sen- terrible situation into modern com- ognition that somehow the institutions ator from Massachusetts is recognized. puter technology. Mr. KERRY. Mr. President, I ask of our Government had failed to deal When I sat down with Mr. Dies yes- unanimous consent to proceed as in with the crisis, to avert the struggle. terday and asked him the problems he morning business and, after I have Even in that atmosphere, those who ran into, he gave me an example. We completed, Senator TORRICELLI be rec- preceded us created a board of inquiry know there is software available that ognized. as to the reasons of the war and how it would allow us to see the coordinates The PRESIDING OFFICER. Without was executed and what might lie ahead of any location in America, cross objection, it is so ordered. for the country. streets in the city of Boston or the city That civil war debate created a foun- f of Chicago, and then with this soft- dation which through two centuries ware, with concentric circles, see all of PROBLEMS WITH THE FBI has created a consistent pattern for the important surrounding structures, Mr. KERRY. Mr. President, I thank this Congress. In times of national the buildings, the hospitals, whether the Senator from Illinois for his com- trouble or trauma, part of dealing with

VerDate 26-SEP-2001 23:27 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.020 pfrm07 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10269 the realities of our problems and pre- It speaks well of this Congress that tacks, enhancing the security of our paring for the future required a dis- we are willing to do so much to protect people, by responding in one dimen- passionate analysis of the problem. our country, to avert a future terrorist sion. It is unlikely these terrorists or While survivors were still being attack, but I have 3,000 families in New others who would conspire with them, taken out of the North Atlantic from Jersey who have a husband or a mother or act in concert with their actions, the sinking of the Titanic, a board of or a wife or a child who will never will respond again in the same manner inquiry met to determine the failures come home. Of the 6,500 potentially by the same mode as the last terrorist of maritime safety. dead victims of the New York attack attacks. If indeed the bin Laden orga- Three weeks after the Japanese at- alone, and the hundreds of families in nization is responsible, the history of tack on Pearl Harbor, a board of in- Virginia, the families of New Jersey their actions suggests each time they quiry began to examine why our Na- are going to want to know not simply strike they strike in a different mode, tion was not prepared and how the in- what are we doing in the future, but in a different method, sometimes in a stitutions of our country had failed to what happened in the past. different place. respond to the looming threat and the How did an intelligence community Obviously, I support this airline secu- reality of the attack. that is larger financially than the mili- rity legislation but it is not enough. In the ensuing years, we returned tary establishments of our largest ri- From our reservoirs to our powerplants again and again to this trusted form of vals fail to uncover the intentions of to other modes of transportation, we analysis that allowed our people to these terrorists? How did all of our need to secure the Nation. It needs to trust a result and the Congress to pre- technology prove unable to intercept be more comprehensive. pare to avoid the same circumstances their communications? How, with all of The PRESIDING OFFICER. The Sen- in the future: a commission that was the interceptions that have taken ator’s time in morning business has ex- formed after the assassination of Presi- place, were we unable to analyze the pired. dent Kennedy and the board that con- information and predict the attack? Mr. TORRICELLI. Mr. President, I vened after the Challenger accident. How, indeed, in law enforcement, given ask unanimous consent for 5 additional In each of these instances, I have no the presence of these same terrorist or- minutes. doubt a Senator rose and said it is dif- ganizations in previous attacks from The PRESIDING OFFICER. Without ficult to deal with examining the rea- the same locations on the same target, objection, it is so ordered. sons for the war of 1861 because our were we unable to infiltrate these orga- Mr. TORRICELLI. Many of my col- time is consumed with the reality of nizations? leagues have joined me in insisting the the situation. How can one deal with It may well be that there is a good Airline Security Act also include rail the reality of the situation if we do not explanation for each of these failures. security. We do so for the following know the reasons for the problem? Indeed, it may prove that everything reason: In my State alone, nearly a How can we simply give more re- that was humanly possible was done to quarter of a million people ride rail- sources to the same institutions, more the fullest extent conceivable. It may roads every day, many of them through power to those institutions if we doubt- be there are institutional failures and old tunnels. The tunnels under the ed they had the ability or used those conflicts, so that all the money con- Hudson River were built between 1911 powers or resources properly in the ceivable will not prevent a future at- and 1920. As this photograph illus- first instance? Indeed, one can only tack if powers are not properly distrib- trates, they are largely without ven- imagine when President Roosevelt re- uted or the proper people do not have quired a board of inquiry on prepared- tilation. This is a single fan to exhaust authority or there are breakdowns in smoke from a fire in a two and a half ness and the response to Pearl Harbor command or communication. mile tunnel. how admirals and generals, scrambling I cannot predict any of these an- Every Amtrak Metroliner, if fully to defend the Nation and execute the swers, but what is important is neither loaded, under the Hudson River or the war, must have felt about diverting re- can anyone else in this Congress or the Baltimore tunnels, or even the ap- sources to deal with the inquiry. administration because without some proaches to Washington, DC, carries It was recognized by those who sat in analysis, as we have done throughout 2,000 passengers, more than three times these chairs before us, as we should our country’s history, we will never recognize now, that the credibility of know. Indeed, if we fail to have a board the number of people on a 747. The tun- the institutions involved, the con- of inquiry in the midst of this crisis nels do not have ventilation and they fidence in their leadership, a dis- about these circumstances, I believe do not have escapes. As this second photograph illus- passionate, removed analysis of their history will instruct us it will be the powers is a foundation before imple- first time in the history of the Repub- trates, under the East River of New menting a new policy to avert the same lic that the Government did not hold York and under the Hudson River, a problems. itself accountable and subject to anal- single spiral staircase serves to exit 500 A number of my colleagues are join- ysis when our American people have to 2,000 passengers. The same spiral ing with me in the coming days in in- faced a crisis of this magnitude. staircase would be used for firefighters troducing legislation to create a board The people deserve an answer. The getting to the train. It is obviously not of inquiry regarding the terrorist at- Government should hold itself account- adequate. tacks of September 11. It is my inten- able, and only a board of inquiry, inde- Last August, before these attacks oc- tion to offer it as an amendment to leg- pendent of the Congress and the Execu- curred, the New York State Commis- islation that is currently working its tive, has the credibility to do it. sion said it was a disaster waiting to way through the Senate dealing with Dealing with the issue of account- happen. Those are not the only prob- this tragedy. ability for the past, I want to, for a lems. We need police officers on Am- As the Senate properly responds to moment, deal with prevention in the trak trains. We need to screen luggage. the administration’s request for more future. This Senate is rightfully re- We need to ensure that switching power in Federal institutions, the peo- sponding to the problem of the hijack- mechanisms are safeguarded and se- ple need to know how those institu- ings by comprehensive legislation deal- cure. This Congress will do a good deed tions use the power they possess and to ing with airline security. It is only for the American people if indeed we restore confidence in those institutions right and proper we should do so. Our secure our airlines, but it is unlikely as they execute these powers. Nation is dependent on the airlines. we would be so fortunate that terror- The Senate properly allocates bil- The economic contagion from this ists will choose this same method and lions of dollars more for national secu- tragedy has affected every State in our mode for the next attack. rity and law enforcement and the pro- Union. Cynics will decry that we are Securing Amtrak and commuter tection of our people. People of our simply closing the barn door, but in- trains is essential. The legislation we country justifiably will want to know, deed there is no choice but to do so lest will offer, $3.2 billion, will secure the as antiterrorist activities in the last 5 terrorists travel through that barn tunnels, hire police officers, assure years increased by 300 percent, why door again. screening, and bring our train trans- that money was not sufficient or why What is significant is it is not ade- portation network to the same new it failed to protect our country. quate to respond to these terrorist at- high standards as our aircraft.

VerDate 26-SEP-2001 23:27 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.023 pfrm07 PsN: S04PT1 S10270 CONGRESSIONAL RECORD — SENATE October 4, 2001 It is essential. It is timely, and I talking about a bill for a broader avia- We have to develop, we have to fund, hope my colleagues around the country tion security purpose. we have to implement a better and understand those of us in the Northeast In the few weeks that have passed changed way of providing security— and the great metropolitan areas of since September 11, a large group has particularly true after September 11. Los Angeles, Chicago, Miami, and Bos- been working around the clock through Had it never happened, we still should ton cannot yield on this point, not with a lot of very contentious issues, not have been doing it. Instead, we were hundreds of thousands of commuters easy issues, to try to resolve what concentrating on air traffic control, having their lives depending upon it should be in an aviation security bill runways, matters of this sort that are every day. that would best serve the Nation, not tremendously important, but we were I yield the floor. just in the next months but in the com- not focused on security. That has to The PRESIDING OFFICER. The Sen- ing years. One can say, therefore, that change. The Aviation Security Act ator from West Virginia. the Aviation Security Act is a result of gives us the chance to do exactly that. f these efforts. It is not finally worked First and foremost, the bill restores out. There was to be a meeting this the basic responsibility for security to AVIATION SECURITY morning with the Secretary of Trans- its rightful place. That is with Federal Mr. ROCKEFELLER. Mr. President, portation. He was called to the White law enforcement rather than with the the day of September 11 has been elo- House. There are still details pending. airlines and the airports, which can quently described by the preceding That is not the point. We are on it and neither afford it nor do it properly. speaker, Senator TORRICELLI. Its con- moving at the point, for those who This is not a question of private secu- sequences are unknown. In fact, one of come down to speak on it, because we rity companies. There is absolutely no the great questions none of us can an- want this done if at all possible this other segment of American life in swer at this point is: What are the un- week, with the American people know- which we need national security con- intended consequences of what will fol- ing that aviation security is at the top tracted out to the private sector. Until low this attack over a period of weeks of our legislative agenda. last month, the airports’ private secu- and months? I am very proud to have joined Sen- rity companies had in fact managed to However, this is not our purpose. Our ator HOLLINGS, Senator MCCAIN, Sen- ensure that ours was the safest system purpose is to get an aviation security ator HUTCHINSON as original cospon- in the world. Let that be said. It al- bill done. That is why this Senator sors, and I rise in strong support of the ways has been, always will be. But from West Virginia chooses to speak. managers’ amendment because we have there is public concern that if there is I wish to make a couple of very clear been working closely with Senator an accident, it will be of a very large points. We have not yet passed an avia- LOTT and Senator DASCHLE. I can re- nature; if there is terrorism in our fu- tion security bill. There were those port there is broad bipartisan support ture, it will be of a very large nature. who said, no, you cannot work on the within this body on both sides of the We have to begin to think about all aviation industry’s financial condition aisle as to what we ought to do. That things more seriously. We want the until you have done an aviation secu- has come through in meetings and safest system in the world. We have the rity bill. That was an understandable compromises. That is a very important safest system in the world, but it has argument, as well as those who talk fact and bodes well for the bill. to be a lot better. about people who have lost their jobs. The truth is, the horrific attacks of Law enforcement has to be fulfilled There really was not much point in September 11 do reflect broad intel- by the Federal Government. Everybody doing an aviation security bill if there ligence and other failures. agrees on that, both sides of the aisle. weren’t any airplanes flying. That had f The Bush administration is working on to be done as a first order of business. EXTENSION OF MORNING that, leaning towards that. We owe it They are flying. They have picked up BUSINESS to the American people to take profit- a modest amount of business. It has inability out of aviation safety alto- Mr. REID. Mr. President, if the Sen- creased about 7 percent in the last gether. week, but they are still in a very bad ator will yield, I ask unanimous con- This bill, still subject to some details position, even with the money we gave sent that the morning hour be ex- that have to be worked out—but that is them after forcing them to ground all tended for 1 hour, until 12:30, with Sen- good, that is not bad; we are moving— ators permitted to speak therein for up of their airplanes for a period of time. creates a new Deputy Secretary for In any event, that and the loan guar- to 10 minutes each. Transportation Security, with ulti- The PRESIDING OFFICER. Without antees part is done and so now we move mate responsibility for interagency objection, it is so ordered. on to aviation security, which we Mr. ROCKEFELLER. I ask unani- aviation security, and expands the air ought to do. One could say, well, that mous consent for an additional 10 min- marshal program to provide armed, ex- is a fairly easy subject. We could go utes. pert marshals on both domestic and ahead and do that promptly and with- The PRESIDING OFFICER. Without international flights, and increases out much fuss. objection, it is so ordered. Federal law enforcement for airport pe- That is not quite the case. There is a Mr. ROCKEFELLER. The fault of rimeter and for air traffic control fa- lot involved, which is serious, which is these attacks clearly lies with those cilities—not just getting in and out of complex, a lot of back and forth about who perpetrated them, but the failures airports but the complete perimeter of which is the best agency to do this or are all our shared responsibilities. the airport. Screening will also be that and how do people feel about it, There is no way to get away from that. monitored as it has never been mon- what are the costs involved. On the other hand, they are also a itored before by armed Federal law en- That being said, the Department of shared opportunity. I have long argued forcement. It will be conducted in vir- Transportation, under President Bush’s and made many speeches that we have tually all cases by a Federal screening leadership, immediately after Sep- a habit in the Congress, and to some workforce. tember 11, took some very strong steps extent in our country, of taking avia- When you walk into a small airport, with respect to our airports and our tion for granted, knowing very little you will see uniforms, pistols, screen- airlines. Within days, Congress sent, as about its details, complaining when we ers who, like everybody else in this I have indicated, its strong support are delayed but not making the effort country, are going to have to be with an emergency financial package to understand what aviation entails, trained more or less from ground zero that, in fact, included $3 billion, still what happens when passenger traffic because the training is insufficient, the unknown to most people, for airport se- doubles—as everybody knew would turnover is horrendous. It is a national curity. That was included to be used at happen before September 11, and which embarrassment. The whole level of the discretion of the President, which I believe will come to be true again. training will have to be raised very was fine. Most of that has been used for This is an opportunity, this horrible dramatically in urban and in rural air- sky marshals and other items. Urgent tragedy, to set a number of accounts ports. In rural airports there is a possi- aviation security efforts are already in straight in terms of the way we secure bility, where there are five or six place. The money is there. Now we are our airports. flights a day, you don’t need full-time

VerDate 26-SEP-2001 23:27 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.025 pfrm07 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10271 security. There we would have depu- I strongly urge my colleagues to sup- 6 months or a year with Senator after tized local police officers who are fed- port it. Senator taking their turn once again erally trained at the highest levels and I thank the Presiding Officer. I yield in a procession of floor speeches about who are federally funded. So there is no the floor. how sorry and upset the Senate is that net difference, no first and second class The PRESIDING OFFICER. The Sen- another tragedy has occurred—that an- airport. It is a question of making sure ator from Oregon. other tragedy occurred because the the rural airports have the security Mr. WYDEN. Mr. President, just over Senate failed to act promptly to put in they need. We will be sure of that. 2 weeks ago I came to this floor and place the safeguards that I have docu- On board the aircraft, the bill re- talked about the 20-year history of mented on the floor of this Senate and quires strengthening cockpit doors. We aviation security. I did so for a simple that have been called for now repeat- had a fascinating discussion at length reason. There has been a very clear edly in the last 20 years. with El Al. They have a double set of pattern on this issue over the last 20 I am hopeful that in the hours doors with space in between so if even years. Again and again there has been ahead—I appreciate what Chairman a hijacker were able to get through a tragedy in the sky. Again and again HOLLINGS and Senator MCCAIN are try- one, he or she probably could not pos- there has been widespread public out- ing to do—we can deal with the addi- sibly get through the second. That, ob- rage. Again and again there has been tional issues that are outstanding and viously, would take reconfiguration, widespread agreement on what needs to get this legislation reported. would take some time, and it would be done to improve aviation security. Let me touch on two other matters. take some costs. We have to do what is Again and again the real reforms The second issue I would like to men- necessary. Does a pilot come out of a weren’t implemented because of polit- tion is this: The rule and the proce- cockpit, for example, to use the lava- ical infighting. dures that are going to be set out will tory? I am not for that. I think lava- I come to the floor of the Senate define what the aviation industry is all tories ought to be inside the cockpit. A today to say that this time it really about for years and years to come. I cockpit should be absolutely invio- has to be different. This time the Sen- am talking now about the rule that is late—nobody gets in. If nobody gets in, ate needs to come together on a bipar- going to be set in place with respect to there will be no more hijackings. El Al tisan basis and make sure these loans and loan guarantees that are has not had any, and I don’t expect changes are actually implemented. I going to go a long way in determining them to. Even flight attendants will wanted to make this appeal for biparti- whether there is real competition in not have keys to be able to get into the sanship because that is what Chairman the airline sector, affordable prices, cockpit. No one will be able to access HOLLINGS—I see my friend Senator and whether places in rural Nebraska the plane’s controls other than the MCCAIN on the floor as well—and Sen- and rural Oregon are serviced. I have pilot. ator MCCAIN are trying to do in the outlined what I think are six or seven The PRESIDING OFFICER. The Sen- Senate Commerce Committee with the key principles that ought to govern ator has spoken for 10 minutes. legislation that we would like to have how those loans and loan guarantees Mr. ROCKEFELLER. I ask unani- taken up. are made. mous consent for an additional 4 min- I happen to believe that, as a result What concerns me is that those deci- utes. of the determination and the persist- sions are being made behind closed The PRESIDING OFFICER. Without ence of Chairman HOLLINGS and Sen- doors. They are being made outside the objection, it is so ordered. ator MCCAIN, we are now talking about public debate. There is considerable Mr. ROCKEFELLER. It will take legislation that will bring new ac- discussion about whether the large air- some time. People should understand countability on this aviation security lines may, in fact, have an agenda that that. We cannot take a workforce with- issue. The bill is not about political will crush the small airlines. I am very out sufficient training and upgrade it ideology. The Hollings-McCain legisla- hopeful that Members of this body will in a day, in a month. You don’t quickly tion is about accountability—about en- weigh in between now and Saturday reconfigure airplanes in the way we suring that the Federal Government on with the Office of Management and will have to with sky marshals, a national security issue is account- Budget as they make the rules that are through cockpit arrangements. It will able. Nobody in the Senate would ever going to govern these loans and loan take time. People need to understand think about subcontracting out our na- guarantees. that. If they want airport security to- tional security. But that is regrettably One last point: Something that I and tally now, we can give them a lot of what has happened in the aviation sec- Senator SMITH are together on is the that, but we cannot give it all to them tor for so many years. pride in our State and our citizens. A immediately; it will take time. The I went back through some of the his- number of Oregonians, strong-willed federalization will give people con- tory almost 2 weeks ago on the floor of people in our State, are mounting an fidence this will be done at the highest the Senate. It started really after the operation that they call Flight for level. Pan Am Flight 103 bombing over Freedom, answering the national call We have anti-hijack training for pi- Lockerbie in 1988. We saw it again after for all of us to get on with our lives lots and flight attendants. We propose the TWA Flight 800 crashed near Long and come to the aid of those hurt in to pay for this with passenger security Island. In each case Presidential com- the attacks of September 11. In a show fees, authorizing DOT to reimburse air- missions were established, and there of solidarity with their fellow Ameri- ports for the costs incurred by them was unanimity about what needed to cans, more than 700 Oregonians are since September 11. Most have no idea be done, with the General Accounting making the statement this weekend by that is coming, but it is. We will help Office and the Department of Transpor- heading to the hotels and Broadway them pay their costs. We will give air- tation inspector general outlining the shows and restaurants in New York ports temporary flexibility to pay for vulnerabilities and then political in- City that are fighting for economic their security responsibilities under fighting started. survival in the aftermath of the at- the AIP program. They can’t do that I am very hopeful the Senate will tack. With Oregonians’ Flight for Free- now. We will give them that flexibility. support the bipartisan effort being led dom, the people of my State are stand- They can pay for security equipment by Chairman HOLLINGS and Senator ing shoulder to shoulder with the citi- and infrastructure, but they cannot MCCAIN. I have felt for way too long zens of New York in an effort to make pay for any direct expenditures such as that there isn’t enough bipartisanship clear that no terrorist can break the salaries and the rest. on important issues of today. Senator American spirit. It will be a very good bill. SMITH and I are trying to do it in our I congratulate Sho Dozono and the We are looking at security with bio- home State of Oregon. I think Chair- other organizers and participants in metric and hand-retina recognition de- man HOLLINGS and Senator MCCAIN are Oregon’s Flight for Freedom for their vices. As the bill comes before us and trying to do it in this Chamber with generous efforts. I urge all Americans as we debate it, there can be no higher this legislation. to follow their example. Oregonians are order of magnitude for our Senate con- If we don’t get this done, I fear we showing this weekend that we are centration than this bill as it emerges. will be back on the floor of this body in going to stand against terrorism by

VerDate 26-SEP-2001 00:38 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.028 pfrm01 PsN: S04PT1 S10272 CONGRESSIONAL RECORD — SENATE October 4, 2001 reaching out to fellow citizens and en- for us to not justify some assistance to as possible to restore confidence on the joying what American life has to offer those people whose lives were directly part of the American people in their in our centers of commerce across this affected. ability to get on an airline is somewhat great Nation. Because of these kinds of As we all know, hundreds of thou- of an abrogation of our responsibilities. efforts, we can send a message that ter- sands or so of airline employees’ lives I am pleased that Senator HOLLINGS, rorists can’t extinguish the American are affected by layoffs that the major the distinguished chairman of the com- spirit. airlines have already announced. So mittee, has also pledged to oppose any I yield the floor. there is a significant problem out nongermane amendments as well. The PRESIDING OFFICER. The Sen- there. But I would make a strong case So, Mr. President, I really want to ator from Arizona. that this is an airline/airport security emphasize that we need to move for- Mr. MCCAIN. Mr. President, I thank bill. This is to improve aviation secu- ward. I think it would be wrong of us to my colleague from Oregon for his kind rity. It is not a bill for unemployment go into the weekend without doing so, words about the work we have done to- compensation or any other. This legis- at least making some progress. We are gether on the Commerce Committee on lation is directly tailored to aviation prepared to do so, and I hope we can. other issues. It has been a distinct security and airline safety. I yield the floor. honor for me to have the benefit of the Last week, we passed a bill to give fi- The PRESIDING OFFICER. The Sen- relationship we developed over the nancial relief to the airlines. That was ator from Wyoming. Mr. THOMAS. Mr. President, I want years. I am very grateful for his in- what it was about. That is for what it to discuss for a little bit the airline volvement in issues such as Internet was tailored. We did not add extra- issue. I thank my friend from Arizona tax, aviation, and many others. I be- neous amendments. lieve he is correct in that we have been So I have to say to my colleagues for the work he has done on this issue. Certainly, security in flying is an issue able to display from time to time the that I think it is not the time to add on which all of us want to move for- degree of cooperation working together that to an aviation security bill, espe- ward. So this is not a failure to act. on common goals about which I think cially in light of the fact that we all Some people have said we are holding the American people are very pleased. know within a week or two we are it up, it is slow, and so on. I do not If you believe the latest polls, Ameri- going to take up a stimulus package. think that is the case at all. I think cans have never been more pleased at Clearly, that issue would be addressed what is the case is that this is a very the way we have been performing in a in some shape or form when the stim- important issue. This is an issue that bipartisan fashion. I thank the Senator ulus package is considered. could be done in several ways. I think from Oregon for his kind words. So I intend to oppose any non- there is a legitimate effort to try to en- I wish to take a couple of minutes to germane amendment to this legisla- sure that we think it through enough talk about where we are and where we tion. I believe there are at least 41 of to come up with a process that would need to go on airport security and air- us, if not 51 of us, who would object, so most likely achieve the goals that we line security. I am sure all of us by now therefore we would not have the bill have; that is, of course, safety and se- know that a Russian airliner was shot become bogged down in extended de- curity on airlines. down a few hours ago. They are not ex- bate. There are a number of different actly sure why. But I think that may, Those who insist on putting a non- issues that need to be talked about, but at least in the minds of some of us, em- germane amendment on an aviation se- I do not think there is a soul in this phasize the need for us to proceed with curity bill would then be responsible body who does not want to move for- whatever measures we can take to en- for preventing passage of a bill that ward on airline security. It is the secu- sure safety but also as importantly to has to do with aviation security. rity issue of the moment. restore confidence in the American So I hope those Members who are There needs to be some major people in their ability to utilize air concerned and committed to assisting changes in the process. We have had se- transportation in America in as safe a those whose lives have been severely curity for some time. We have a higher manner as possible. disrupted by the shutdown of the air- security level now, I believe, than we There is no doubt that there are mil- lines—we are in complete sympathy did before September 11. I happen to lions of Americans who are still either with them and we intend to act. And have been in Wyoming three times concerned about or afraid of flying on we intend to negotiate a reasonable since then and have found that there is commercial airlines. We need to move package that would provide some bene- security. There are armed people in forward with this legislation. fits and compensation, depending on Dulles, for example—more security. Is What is hanging it up? One is there is how directly their lives were affected, it enough? Probably not. We probably a disagreement between sponsors of the et cetera—something that, by the way, need to do it better and more profes- bill, Senator HOLLINGS, myself, Sen- we would have to have a lot of facts sionally. And that is what this is all ator HUTCHISON, Senator ROCKEFELLER, and figures about, too. But to put it on about. and the administration on the issue of this bill would be obfuscation, delay, But I do want to make the point that federalization of employees. There are and prevention of us acting to ensure I think you will see airline passenger different approaches. But I think we the safety and security of airlines and numbers going up. There is more secu- can at least have serious negotiations airline passengers throughout America. rity than there has been in the past, and come to some agreement. I believe So I want to make that perfectly but we need to change the process. And that is not only possible but probable. clear, that we should not have any we need to do it as quickly as we pos- The second point is the concern amendment, no matter how virtuous it sibly can. about the addition of nongermane may be, on an airport and airline secu- We need to have more experienced amendments to the legislation—wheth- rity bill. people there, particularly in baggage er it be Amtrak, whether it be on the I hope we can move forward with this examination. We need to do it so that so-called Carnahan amendment which bill. There are a lot of Members who we do not develop a long-term Federal extends unemployment benefits and want to talk about it. There are not bureaucracy. That is an opinion that other benefits to people whose lives too many amendments. We could get some do not share. But, nevertheless, were affected by the shutdown of the this thing done today if we could move in order to achieve the goals we want, airlines. forward on it and have some agree- we have to make some changes. And I think all of us are in sympathy with ment. even though I would like to see it done those individuals, all of them, particu- I also remind my colleagues that we in the next 15 minutes, and move out of larly those at National Airport, who are in negotiation and will continue to here, I must say, I am glad that we are had a more extended period of unem- try to work with the administration. taking the time to examine these ployment as a direct result of an order We also have to work with the Mem- issues and to come up with what we of the Federal Government. I am not bers of the House on this legislation as think is the best solution, even if it sure how a conservative or liberal well. But for us to delay because we takes a little longer. could argue the point that since it was have our own pet agendas, our own spe- As I say, we now have substantially a Government action it would be hard cific priorities, and not act as speedily more security than we did have. In

VerDate 26-SEP-2001 23:27 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.030 pfrm07 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10273 some of the smaller States, the Na- can secure the airlines so people will who can better manage those; security tional Guard has been made available come back and fly, then more of those at airports on the perimeter, the total to help, and so on. One of the puzzles, people who have been laid off by the facility, the check-in area, the depar- of course, is to find the proper agency. airline industry will be called back to ture gate, the cargo, which includes I don’t know that it is a puzzle, but it work. baggage and how they handle baggage, is a challenge to find the proper agency The travel industry will be uplifted. and the tremendous tonnage of air to supervise and be responsible for air- We will have people staying in hotels. freight that moves through each airline security. Many believe—and I am We will have people renting cars, em- port and each facility every year; how one of those who think it—that it ployed in the airports, and in the do we secure the area where the air- ought to be a law enforcement agency shops. These are the things that will craft are parked; and finally, and most and not really belong in the FAA. stimulate our economy. importantly, the security of the air- Those people have responsibilities, but We are talking about a stimulus craft. law enforcement is not one of those re- package, which I hope we will look at We had an opportunity to visit with sponsibilities. So that is one of the next week. That is very important. We the security people who are in charge issues. can stimulate the economy with an of passenger safety and security for El I see my friend from Texas is in the aviation security package. We can put Al. It is a Government-owned airline Chamber. She has been very involved people back to work in the aviation in- by the country of Israel. If there is one in this issue. I yield my time to her. dustry and stop the domino effect to thing of which the Israeli people are The PRESIDING OFFICER. The Sen- our economy caused by layoffs in the apprised and aware, it is terrorism. ator from Texas. airline industry because people are not How do they handle this? Granted, Mrs. HUTCHISON. Mr. President, I coming back to fly. their domestic air transportation isn’t appreciate very much the Senator from I appreciate the cooperation we are as great as the system we find here in Wyoming, who has also been working getting. Senator HOLLINGS, Senator the United States. However, in prin- on this issue, coming forward. ROCKEFELLER, Senator MCCAIN, and I ciple, it has to be the same heightened I see the Senator from Montana in have worked well together to try to get awareness of security before we see the Chamber; he is a very important a consensus. We are very close. If we load factors going from what they are part of the negotiations on this issue. can go to the bill and if people will running, around 40, 45 percent now, to The bottom line is, we want to go to agree not to offer amendments that 70, 75 percent, and profitability of the the bill. The American people expect us delay the ability for us to consider rel- airlines. Air transportation is one of to pass a bill to securitize the airplanes evant amendments, we can work it out those linchpins of the American econ- and the airports in this country. What this week and send something to the omy, our ability to move. is holding us up is people who want to House and hopefully go to the Presi- El Al has 31 airplanes. Living in a offer extraneous amendments. Some of dent and do the very important part of very volatile region of the world, the them I agree with; some of them I do the stimulus package, and that is to areas of responsibility to which I re- not. beef up the aviation industry. ferred are very important to them. But the point is, we cannot put every I thank my colleague from Wyoming, They have 7,000 employees, 1,500 of amendment, on any different subject, and I certainly thank my colleague whom are employed in the security on the security bill and pass it. We from Montana, who has been a very im- part of their operation. They do noth- have legitimate disagreements on how portant part of the aviation sub- ing but security. They secure the areas to best securitize our aviation system. committee, working to put something I previously enumerated: intelligence Let us go to the bill and start talking together that all of us will be able to and passenger lists, the airport facil- about those differences because I think support. ity, the check-in area, departure gate, we can work them out. I believe we are The PRESIDING OFFICER (Mr. cargo, aircraft area, and aircraft. 90 percent there. There are a few things BAYH). The Senator from Wyoming. They have been pretty successful in on which we are going to continue to Mr. THOMAS. Mr. President, I thank the last 20 years. They have not had a negotiate, but we need to be on the the Senator from Texas who has hijacking or anything such as that, op- bill. We cannot go to the bill if we are worked very hard on aviation matters. erating in an area of the world that is worried about having extraneous We are moving forward. No one is seek- very volatile. amendments, whether it is on em- ing to hold up this bill. All of us agree They have one man who is in charge ployee problems and benefits or wheth- aviation security is something that of security in all of these areas. He er it is on Amtrak security—all of needs to be done and needs to be done doesn’t operate the airport, the run- which I think are very legitimate very soon. ways, the luggage, the people who han- issues. I want to add security to Am- The Senator from Montana has been dle luggage, the people who handle trak, as long as we add security for the a part of this committee and has cargo. He handles security. They have entire system and not just one part of worked very hard. I yield to the Sen- accountability and responsibility. the system. ator from Montana. That is what the American public But the bottom line is, we have an The PRESIDING OFFICER. The Sen- wants us to do. In this legislation, aviation security package that is a ator from Montana. there has to be a strong, bright line of very good first step forward, where we Mr. BURNS. Mr. President, I thank accountability and responsibility to would put sky marshals in the air, my good friend from Wyoming. one agency or one area of government. where we would secure the cockpit, When we examine this issue, we find I have proposed an amendment. It where we would have better trained several approaches we have to take a has very strong bipartisan support. The and equipped screeners, where we look at. We do want to move forward amendment would give that responsi- would have better equipment. All of on it because there is a sense of ur- bility to the Department of Justice. these things must be done. And we can gency, if not in this body, in America. Not that the Department of Transpor- do it this week if we can get to the bill. Last weekend when I was in Mon- tation is not efficient and would not be I urge my colleagues not to have tana, that is what they discussed: How dedicated to passenger safety and secu- process drag us down. The Senate has a do we travel; how do we know we are rity, not that the FAA could not do it, bill before it that is good, solid legisla- safe; and the anger they feel because of but we do not need a convoluted and tion. We are working with Democrats the events on September 11. Whatever nondistinct line of responsibility or ac- and Republicans and with the adminis- was important to us on September 10, countability. tration to make sure we do what we do by September 12 it was not important The American public are telling us well, correctly, and give the flying pub- anymore. Justice does it best, with the con- lic the confidence that when they get Now we have before us the very im- fidence in the Federal Bureau of Inves- on an airplane, they are going to be portant issue of airport security and tigation, in the Federal marshal sys- safe. this legislation. Let’s talk about the tem. We have a model right in front of If we can do that, it will be the begin- areas of concern: intelligence and pas- us, as those folks are responsible for ning of rebuilding our economy. If we senger lists, who is in charge of those, the security of our Federal buildings,

VerDate 26-SEP-2001 23:27 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.039 pfrm07 PsN: S04PT1 S10274 CONGRESSIONAL RECORD — SENATE October 4, 2001 the movement of Federal prisoners. I hope today we can get to the bill. I The assistant legislative clerk pro- They understand secure areas and dan- appreciate the courtesy of my friend ceeded to call the roll. ger points. However the Attorney Gen- from Montana for yielding. Mr. REID. Mr. President, I ask unan- eral wants to do it matters not to me. Mr. BURNS. I thank my friend from imous consent that the order for the It is that we have a bright line of au- Nevada. quorum call be rescinded. thority and accountability and respon- Mr. REID. The only thing I will say, The PRESIDING OFFICER. Without sibility. the Senator mentioned he is one of the objection, it is so ordered. Mr. REID. Will my friend yield for a soldiers. If I were going to war, I would f question? not mind having the Senator from RECESS Mr. BURNS. Certainly. Montana with me. Mr. REID. I say to my friend from Mr. BURNS. I thank the Senator for Mr. REID. Mr. President, I ask unan- Montana, I was speaking earlier today that. I feel the same way about him. I imous consent—and this has been to the chairman of the committee, want to reiterate that I think we can cleared with the minority—that the Senator HOLLINGS. He, too, thought complete this bill today. I don’t know Senate stand in recess until 2:30 p.m. that perhaps there should be some whether or not we are in session to- this day. other entity other than the Depart- morrow, but I think we can get it done. There being no objection, the Senate, ment of Transportation that would su- I am not sure if we have an agreement at 12:26 p.m., recessed until 2:29 p.m. pervise and control this. He suggested, with the folks on the House side. That and reassembled when called to order by the Presiding Officer (Mr. REID). for example,—I know there is a dispute is another important piece of this puz- The PRESIDING OFFICER (Mr. ED- as to whether or not they should be zle that we have to solve in the next 2 WARDS). The Senator from New York. federalized, but he suggested maybe or 3 days in order to move this legisla- the Department of Defense. I say to my tion to the President’s desk. f friend, in the form of a question, I I am sure the President wants a piece TRANSPORTATION SECURITY think the Senator’s suggestion is of legislation that he can sign, which Mrs. CLINTON. Mr. President, I come worth consideration. I think it is not a gives him the direction and also allows bad idea. to the Chamber to discuss further the him the flexibility to provide the safe- need for transportation security that Maybe the Department of Justice, ty and security for the American peo- which has wide law enforcement re- encompasses not only our airlines but ple. He is basically the ultimate direc- also our rail lines and our ports. Others sponsibilities already, could do this. tor of how this will work. What I am But the question I ask my friend—my with their own experiences and per- saying is that I think the American friend from Texas, the junior Senator spectives have already spoken to these people are watching this very closely. issues and I am sure will continue to do from Texas, who was here in the Cham- Yesterday, we had a hearing on bor- ber saying we should get to the bill and so because as we address these critical der security. Nobody is more in tune needs of transportation security, it is get some of this stuff decided, I agree than I am as far as border security. with her; we should get on the bill. But imperative we look at all the means of The Senator from Nevada understands I say to my friend from Montana, the transportation our people require and the Western States and how big they minority is holding up the bill. I think that we found to be particularly impor- are. We have just a little under 4,000 the issue the Senator is talking about tant in responding to the events of Sep- miles of border with our friends in Can- as to who should supervise, whether it tember 11. ada, with cultures that are similar, and should be federalized or not—we should I want to focus my remarks on Am- no language barrier; and 25 percent of get to the floor and offer amendments. trak and our rail transportation sys- I think the Senator’s idea is good. I that border is my State of Montana. tem. I think anyone who followed the will not do this now because it is inap- We have farmers who farm both in events of September 11 is well aware propriate, but if I offered a unanimous Montana and in Canada. So for the that Amtrak played a critical and es- consent agreement now that we would movement of livestock, and for farm sential role in responding to this na- go to the bill immediately, would the machinery, and farm chemicals, and tional disaster. We know that without Senator allow me to do that? everything it takes to make a farm or Amtrak being able to respond, New Mr. BURNS. How loaded was that? I ranch go, it is important that we have York would have been cut off. The nat- think there are still disagreements not only secure borders but also bor- ural flow of commerce and passengers among leadership. I could not do that ders that are flexible enough to allow between Boston and Washington, the personally. If it were in my power— movement of commerce and to get the busiest rail corridor in our country, which it is not—I am a soldier around job done for those people who live on would have been severely undermined. here and everybody in the world is the border. There are ranches that lay We know, too, that Amtrak did its part smarter than I am—I am ready to go to on both sides, part in Canada and part to make sure people not only could the bill. I would offer my amendment in the United States. No, we don’t have reach their destinations but, for exam- and we would vote on it, and we would a lot of ports and the gates are rusted ple, those who had planned to fly by air win or lose and we would go on down open. Nine times out of 10 they set out when our air system was shut down, the trail. a red cone and it says: The gate is their tickets were honored and they Mr. REID. I am not going to offer a closed. You can go 100 yards on either were part of the continuing and in- unanimous consent at this time be- side of the gate of entry and go in un- creasing flow of people and goods that cause, as the Senator has indicated, noticed, undetected. So we understand demonstrated that America was still leadership on his side perhaps doesn’t that, too. moving. agree. I hope the Senator, with the per- To conclude my statement, Mr. Ridership on Amtrak has been up 17 suasive nature that he has in his down- President, even though there is a sense percent across the Nation and cer- home, homespun, very persistent and of urgency for the passage of airport tainly in the Northeast corridor, which persuasive way, would be able to talk security, I think there is also a feeling was so devastated by the attack on the to his side and let us get to this bill. in the United States—even though we Pentagon, the closure of our airports, There are some things that I would are working in this highly charged en- the attack in New York City, the con- like to offer as an amendment on the vironment because of the events of tinued, until thankfully today, closure bill. The Senator from Montana agrees, September 11—that we do it right. I of our Washington National Airport. and I agree, that airport security is think we can do it right. We also can We know that Amtrak’s increase here something we should fasten onto be accountable to the American people was up by 30 percent. quickly. We should get to the bill. If for whom we are doing this legislation. How do we make sure this critical there is something somebody doesn’t It is for their benefit, their movement, mode of transportation is safe and se- like in the way of an amendment—and and for the safety of this country. I ap- cure in the future? We cannot be in a people are not complaining about the preciate the attention of the Chair. position of looking backwards. We have underlying bill, but if there is an I suggest the absence of a quorum. to look forward and say, what do we amendment someone doesn’t like, vote The PRESIDING OFFICER. The need to do to make sure our transpor- it up or down. clerk will call the roll. tation system is redundant and safe? I

VerDate 26-SEP-2001 23:27 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.042 pfrm07 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10275 believe we have to focus, as we look at I bring this to the attention of my The PRESIDING OFFICER. The Sen- transportation security, on ensuring colleagues because I think it is impera- ator from Nevada. that our thousands and thousands of tive, as we look at transportation secu- Mr. REID. Before the Senator leaves rail passengers are safe. rity, that we do not turn our backs on the Chamber, I appreciate the invita- I am grateful Amtrak has come for- the hundreds of thousands of people tion from her and Senator SCHUMER to ward with a specific plan to address the every single day who use our railroads. travel to New York. Having traveled on needs of those passengers. We need, for I fully support adding air marshals on the train on a number of occasions, I example, more police officers on our our flights. I support federalizing the have always enjoyed it. That day it trains, more canine units to inspect inspection that passengers and cargo was not a time of enjoyment but a time the trains, more power and switch up- and luggage must go through, and I for learning. It is a trip I will never for- grades to ensure they absolutely run support doing everything we humanly get. We have seen and understand a lit- without any delay or disruption. can think of that will guarantee to the tle bit better the devastation, the hard- In New York, we have immediate American public we are doing all that ship, and the sorrow of the people of safety concerns which demand we act can be imagined to make our airlines New York. now, not later—hopefully in time to safe. I express publicly my appreciation make sure we are always moving—and, I also want to be able to stand in and the appreciation of the people of if there is any natural or other dis- front of the people in my State who Nevada for the great work the Senator aster, that we keep our people moving. rely on these trains to get to and from has done representing the State of New I want to bring to the attention of work, who rely on these trains to com- York in these events following Sep- my colleagues some specific safety con- mute, who travel out of New York tember 11. What a pleasure it is to cerns. Anyone who has ever been on a City, and people all over our country serve with her in the Senate. train in or out of New York knows, I who similarly rely on our trains, that f assume, that there are four tunnels they also will be secure. We don’t want to leave any American out of our secu- EXTENSION OF MORNING under the East River and two tunnels BUSINESS under the Hudson River that serve as rity efforts. This is an opportunity to vital links between New York City and do right what is required, what we now Mr. REID. I ask unanimous consent the surrounding area and the rest of know will prepare America for any fu- that the Senate stand in a period of America. ture problems. morning business until 4 o’clock today, These tunnels were built in 1910, and The airline security bill, which I with Senators allowed to speak for up now almost a century later they have hope we will be considering soon, calls to 10 minutes each. The PRESIDING OFFICER. Without not undergone any serious security up- for the creation of a Deputy Secretary of Transportation Security who will be objection, it is so ordered. grade. Under today’s regulations, the The Senator from Wyoming. tunnels would never be allowed to be responsible for the day-to-day oper- constructed in the same shape in which ations of all modes of transportation. I f they currently exist. applaud this provision. I think it is AVIATION SECURITY Penn Station in New York City is the long overdue. It certainly will be a strong endorsement of the kind of Mr. THOMAS. Mr. President, I will busiest railroad station in the United talk about where we are with regard to States. More than 500,000 passengers, broad-based security required for our millions of airline passengers, for those aviation security. I appreciate very from all parts of our Nation, on more much the comments of the Senator than 750 trains pass through Penn Sta- who use our ports, for those who come in and out of our transportation net- from New York and her information tion each day. As many as 300,000 com- work, and for the 20 million passengers about railroad security. I certainly muters pass through the East River who rode Amtrak last year. agree with her that we have to look at tunnels on the Long Island Railroad Over a week ago—it is hard to keep all our transportation systems and, in- trains each day. So these tunnels are track of time in the last weeks—40 of deed, we have an opportunity to look essential to our national railroad net- our colleagues took the train to New at it all. If it is different in different work and to the moving of people who York City. I am so grateful. For some, parts of the country. Of course, we commute every day in and out of New it was the first time they had been on don’t have to have Amtrak trains in York City. The tunnels are so essential the train. It was fun to see their sur- Wyoming. Nevertheless, I fully under- that we must turn our attention to en- prise and enjoyment provided by the stand the importance of railroads. suring they are safe for the hundreds of ride to and from New York City. They I raise the question of how we com- thousands of people who use them were, in a sense, following in the foot- plete the work before the Senate. Hope- every single day. steps of the hundreds of thousands of fully we will have back this afternoon If for some reason a train were to be- people who either have used trains out a bill to improve aviation security. It come incapacitated in one of our tun- of necessity or out of choice for years is called the Aviation Security Act, nels, the only means of escape would be or who were forced to use trains in the and it has been developed for that very through one of two antiquated spiral wake of September 11. And, thank purpose. It has to do with the Deputy staircases on either side of the river or goodness, the trains were there. Administrator for Aviation Security. It by walking in the dark almost 2 miles I cannot even begin to calculate the has to do with the Aviation Security out of the tunnels. These are also the economic and psychological costs we Coordinating Council. It has to do with only routes by which firefighters and would have suffered had we been to- training and improving flight deck in- other emergency workers can get into tally shut off. We could not have tegrity. the tunnels. moved people as easily as we did if Am- This bill is an aviation bill. We have I have a picture, and it shows a nar- trak had not responded as well as it did a number of things on which we have row 10-flight spiral staircase which in putting on additional equipment and not quite yet come together on this serves as the evacuation route for pas- personnel. bill, but I think our challenge is to sengers as well as the means for rescue I hope my colleagues will remember pass this bill. I don’t think there is workers to enter the tunnels. I can this picture of this spiral staircase. I anyone who would argue on the point barely even imagine what the situation hope they will think about everyone of the Senator from New York that we would be like under the ground, under they have ever known who perhaps has need to do that and we need to get to the rivers, if some kind of disaster were been a passenger, as I have been many railroads, but I guess there is a ques- to occur, with passengers and crew try- times on these trains, through these tion as to whether those issues will ing to move up this narrow spiral stair- tunnels. I hope they will join in the hold up doing what we want to do with case and rescue workers trying to move commitment we must make to every regard to aviation. That is the question down; or, in the alternative, people single American that we will guarantee before the Senate. Hopefully, it will be being, in some instances, carried or the highest possible level of security resolved shortly so we can move for- trying to get out on their own going 2 for all transportation. It is the least we ward. miles in whatever conditions existed at can do. I look forward to working with Obviously, there are unique aspects the time. my colleagues to make sure it happens. to airlines and airports. There needs to

VerDate 26-SEP-2001 23:27 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.052 pfrm07 PsN: S04PT1 S10276 CONGRESSIONAL RECORD — SENATE October 4, 2001 be changes made in their operation. liners to again voice my strong support tion’s Capital, some of which go back And there have been. We have already for the measures included in the legis- to the administration, not of FDR, but made a great deal of progress in terms lation that is soon to be before us. of President Grant. of security. There is a great deal more Having said that, I also observe that I would like to stand before you and to make. I hope that not only this this country has shown it is pretty say each of those tunnels through issue but other issues that have been good at fighting the last war in pre- which trains pass carrying hundreds of suggested become a part of this air se- paring to fight the next war. Those of thousands of people every day is not a curity bill could be handled on a free us who are students of the history of target for terrorists, but if they were, standing bill so we move this bill as World War I know that World War II they are tunnels that are well venti- soon as it is possible to do that. was a lot different from World War I, lated, well lit, there are adequate pro- We have before the Senate that chal- and we only have to think of the Magi- visions to detect those who might want lenge. There is no question about the not Line to know how different it was. to do damage to the tunnels or to peo- safety aspect of other modes. We have Korea was different from World War II; ple who use the trains. Unfortunately, not come together on this one yet. Vietnam was different from Korea; the that is not the case. The tunnels are There is a difference of view as to the Persian Gulf was different from Viet- not well ventilated. They are not well proper agency to do this work, whether nam. lit. They are not tunnels with good sur- it ought to be a law enforcement agen- We are now struggling in this war veillance that would enable security cy, whether it ought to be the FAA. against terrorism to make sure the officers to detect the movements of There are fairly strong feelings about kinds of tragedies that occurred on suspicious persons or materiel. that. But that has not been resolved. September 11 do not occur again, and As we prepare to fight the last war There are questions as to staffing and we should do that. If we look back at that grew out of the tragedies of Sep- what supervision and criteria will be the history of the last several years tember 11, I hope we will not forget required in order to have people who with respect to terrorism, we had the those hundreds of thousands of people are, indeed, qualified to do the kind of bombing of the World Trade Center in who are in those tunnels every day work that is necessary to be done, and 1993, the bombing of two U.S. embas- going in and out of New York City. I whether or not these persons ought to sies in East Africa in 1998, the bombing hope we will not forget the thousands be supervised by a law enforcement of the U.S.S. Cole last year as it was at of people who are in those tunnels agency of the Federal Government, anchor, and now the use of our own air- every day beneath this city and be- which I happen to think is probably the craft as guided missiles to be used neath Baltimore. better way to do it, and do some con- against the Pentagon and the World I am told, as far as passenger capac- tracting so we can move more quickly. Trade Center. ity aboard airplanes is concerned, there We do have questions and problems. Now as we prepare this fight against are about 150 people who can be seated We are talking about that now. I am terrorism to fight the last war, to aboard a 727 jetliner. The new Acela hopeful we can settle a couple of those make sure no other hijacked aircraft Express trains carry over 200 people. I disputes. One is the idea of bringing in can be flown into other targets, we am told the seating capacity aboard a other issues into this bill through need to remember there is a different 737 is roughly 150 people. The amendments and changes that would element to this war, a different front Metroliners that go up and down the then require the same kind of consider- to this war, and it is not just airplanes; Northeast corridor carry 225 people. A ation, or whether we can move this it is not just airlines; it is not just air- 747 aircraft can seat maybe 400 people. package, designed for airline security ports. A conventional train, the Acela re- and aircraft safety, and turn to the As the Presiding Officer knows, I gional trains that go up and down the others that are equally as important. travel to my State of Delaware most Northeast corridor, can seat up to 500 Which is the better way? mornings and nights on the train. We people. And a new 767 airliner can There are other fairly unrelated are mindful of trains in our State. We carry as many as 500 people. The Auto issues having to do with health care, do not have a commercial airport. We Train that goes from Lorton, VA, to unemployment compensation, all of use Philadelphia or BWI for most of Sanford, FL, near Disney World, car- which are very important, but they are our commercial flights. A lot of people ries 500 people and some 600 cars. not part of this issue and not part of take the train. It is not just in Dela- My hope and my fervent prayer is the considerations. ware. It is a lot of folks up and down that nothing ever happens to any of I am hopeful we can deal with these the Northeast corridor; indeed, a lot of those people on any of the airliners issues as they come forward. We are people around the country. again or any of the trains I talked slowed by the idea of bringing more During a given day, we have people about or the other commuter trains and more issues into the same base bill who get on the trains in my State and that work their way through the when it is designed to be specifically some head south toward Washington Northeast corridor and the cities oriented toward airline safety. I sug- and others head North toward New around the country. I hope that is the gest we move with this bill and come in York City where they work or go for case. as soon as possible with the other business or pleasure. That may not be the case. As we pre- issues that are equally important, but In order to get into New York City, a pare to fight this next war, we need to we not hold this waiting to try to make train has to go through tunnels. There keep in mind the Achilles heel with re- other proposals fit into this bill. is a network of tunnels underneath spect to security of passenger rail. I suggest the absence of a quorum. New York City, underneath the water- A package has been put together ad- The PRESIDING OFFICER. The ways. Some of those tunnels are used dressing some of our biggest concerns clerk will call the roll. by Amtrak, some are used by New Jer- for the safety of folks who are using The assistant legislative clerk pro- sey Transit, some by the Long Island trains. I will tell my colleagues one of ceeded to call the roll. Railroad. Amtrak is a minority user of the reasons I think this is important. Mr. CARPER. Mr. President, I ask those tunnels. Think back to what happened on Sep- unanimous consent that the order for All told, I understand between 300,000 tember 11. One of the first things that the quorum call be rescinded. and 400,000 people a day ride trains, happened was the airplanes that were The PRESIDING OFFICER (Mr. DAY- whether they are intercity passenger ready to take off did not take off, and TON). Without objection, it is so or- rail trains of Amtrak or commuter those in the air were ordered to land. dered. rails, transit trains—between 300,000 to As that happened, in the Northeast f 400,000 people a day go through those corridor Amtrak kept working. tunnels into New York City. The first trains heading north from RAIL SERVICE SECURITY Those tunnels were built during the here pull out at 3:30 a.m. The first Mr. CARPER. Mr. President, I rise Great Depression, between World War I trains coming out of New York City today during this period of time when and World War II. We have tunnels that heading south pull out at 3:30 a.m. As we are discussing the need for addi- are even older than that around Balti- aircraft were downed across the coun- tional security for airports and air- more and indeed right here in our Na- try, Amtrak was running and carrying

VerDate 26-SEP-2001 23:27 Oct 04, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.054 pfrm07 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10277 hundreds of people. When people could rail safer; that it sounds like a good Mr. DORGAN. Mr. President, I ask not get out of Montreal, Amtrak made idea. But what they also say is this is unanimous consent to be recognized in provisions to get them where they not the time and place to do that. morning business on another subject. needed to go in the United States. I say to my friends and colleagues The PRESIDING OFFICER. Without When O’Hare and Los Angeles shut who have made the offer of supporting objection, it is so ordered. down and the Postal Service was legislation like this sometime further f grounded, Amtrak carried over 200,000 down the line, we have heard similar AIRPORT SECURITY carloads of mail, I am told. promises, literally, right in this Cham- When people and planes around this ber about a year ago. We are now doing Mr. DORGAN. Let me ask a question country—Raleigh and Pittsburgh— something for passenger rail further in the largely empty Senate on a were grounded, Amtrak stepped in to down the line, and we are a year fur- Thursday afternoon. It is now 4:05. We move emergency personnel and equip- ther down the line. That which was came to the Senate this week dealing ment from one end of the country to supposed to have been done has not with Defense authorization at a time the other where it was needed. been done. when defense is critically important to My colleagues know the two Sen- What was supposed to have been done this country. This country was at- ators from Delaware are big supporters was the creation of high-speed rail cor- tacked. Thousands of Americans trag- of passenger rail service. We think that ridors in places all around the country. ically were killed by mass murderers is an important component of our na- It makes no sense to put people on an who committed the most heinous crime tional transportation policy. airplane to fly 150 miles, 200 miles in that any of us have ever seen. This is not an effort during this time densely populated corridors where they The issue of defense at a moment of distress and fear to try to obtain could as efficiently, or more effi- when we are sending American men extra funding for passenger rail serv- ciently, take a train. That would make and women who wear our country’s ice, although some suggest this is an easier the security job, the safety job uniform into harm’s way is a very im- appropriate time to do that. Instead, of the people running the airports. We portant issue. Our first order of busi- what we have in mind is to try to stra- ought to do that. ness in dealing with the Defense au- tegically pick a handful of items that We have not come back and ad- thorization bill in the Senate was to need to be fixed in order to ensure, just dressed that question raised a year ago have to vote on cloture to shut off de- as we are making travel for airline pas- to enable us to work with State and bate so we could complete this bill. sengers safer, that we simultaneously local governments to create high-speed What does that say about our prior- make travel for rail passengers safer. rail corridors. That is another issue. ities? We had a cloture vote, we got What we are proposing to do is to re- We are not going to talk about that. through that, we finished that bill, fi- habilitate those seven tunnels that go We are going to stay away from that. nally, and now it is Thursday at 4:05 in into Manhattan. We have, as was said This is a different argument, but this is the afternoon, and the subject is air- earlier, old tunnels in Baltimore and in the right day, and this is the right port security. When those commercial Washington as well. They all have the place, to raise that argument. airliners hit the Trade Towers in New same problems. They need to be fixed, Passenger rail utilization is up prob- York, and that commercial airliner hit and we ought to get started fixing ably 30 to 40 percent since September the Pentagon, it is something that them. 11. Any number of the trains I have rid- none of us will ever forget—the image I have been riding trains lately that den in the corridor, every seat is full— of the airplanes hitting the Trade Tow- have Amtrak police officers on them. Acela Express, Metroliners, conven- ers in New York, seeing the fire at the They are working extra shifts. They tional trains as well. We are seeing a Pentagon, seeing the crater dug into are working doubles. They are working similar kind of jump in ridership the ground in Pennsylvania by the a lot of extra hours. They cannot con- around the country. A lot of the people United Airlines jet. When all of that tinue to do that forever. We need addi- riding those trains used to fly air- happened, immediately the FAA shut tional Amtrak police officers to meet planes. They are now on a train be- down all air service in the United the security burdens that are placed on cause they feel safer, maybe because it States. Every single airplane was or- them. We are going to have sky mar- is more convenient. dered grounded. All commercial air- shals on aircraft, and we ought to. We I want to make sure they feel safer, lines flying and private airplanes fly- ought to have, in many cases, Amtrak not just continue to feel safer but to ing in this country were ordered police officers on our trains. We do not make sure they are safer because we grounded and, as I understand it, have enough of them to go around. will take right now the kind of steps to moved to the nearest airport they More people are taking the train protect their safety, just as we are tak- could find. these days. It is not just here; it is the ing steps to protect the safety of those At that moment of that day, Sep- Texas Eagle, trains out on the west who would fly in their 727s, 737s, 747s, tember 11, the only thing in the skies coast. It is trains all over the United or 767s. over Washington, New York, and other States. It is the Acela Express trains, This is the time, this is the place, parts of the country were F–16s, armed, the Metroliners, conventional trains in this is the legislation on which we flying combat missions over American the corridor and conventional trains should debate these issues and we cities. all over the country. More people are should approve them. We should affirm Our commercial airlines were ordered riding rail, and my guess is more peo- them and we should put these safety grounded. None flew for a number of ple will ride rail as we go forward. We precautions in place for passengers on days. And then commercial airlines need to make sure they are safe. rail as we do the passengers of airlines. were allowed to come back with added In addition to more police officers, I yield the floor. security and they began to fly once we need more canine and we need I suggest the absence of a quorum. again. training for those officers who are The PRESIDING OFFICER. The What has happened in this country is going to be using the dogs. We need clerk will call the roll. people have not been coming back to video equipment that allows Amtrak to The assistant legislative clerk pro- the airports to use commercial air monitor sensitive points along rail ceeded to call the roll. service because they are concerned lines. We can do that remotely. We can Mr. DORGAN. Mr. President, I ask about the issue of security. Last week do it effectively. It makes sense. We unanimous consent that the order for I boarded an airplane and flew to North can use, and ought to have some the quorum call be rescinded. Dakota for the weekend and came beefing up of, the aerial inspections The PRESIDING OFFICER. Without back. I appreciate the air service. I ap- that are available to use with Amtrak. objection, it is so ordered. preciate the added security at the air- We can do it by day; we can do it by (The remarks of Mr. DORGAN of S. ports. I hope all Americans will under- night. 1504 are printed in today’s RECORD per- stand a substantial amount is being Some people have said to this Sen- taining to the introduction under ‘‘In- done in this country to try to make ator and to Senator BIDEN and others troduction of Bills and Joint Resolu- sure we will not see airplane hijackings that they support making travel by tions.’’) once again. It is important.

VerDate 26-SEP-2001 02:06 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.060 pfrm01 PsN: S04PT1 S10278 CONGRESSIONAL RECORD — SENATE October 4, 2001 But the Congress is moving to do confidence. That is what this legisla- The reason I wanted to speak beyond more with an airport security bill that tion is about, and it is just the piece of legislation I introduced we have been considering for a number unfathomable to me that there is noth- here is to say how disappointed I am of days on the floor of the Senate, but ing happening here because we have an this afternoon. I think many of my col- we cannot move forward. The issue of objection on the motion to proceed. leagues feel the same way. I am not the Congress of the United States to My colleague from Nevada, Senator angry about it, I am just disappointed. put sky marshals on virtually every REID, said if you will not agree to go to This is not what we should do. We flight in this country, hiring a lot of the airport security bill, we have five know how to do good public policy. We sky marshals to say to the American appropriations bills that should have do good public policy by getting to- people, when you fly, someone will fly been done by October 1 but we did not gether and getting the best of what ev- with you, a sky marshal, trained and get them done. Let’s have an appro- erybody has to offer, not the worst of armed and ready to take over that priations bill on the floor this after- each. If you have an objection, if you plane if needed. That is an important noon. Let’s work on that. We can be have a burr under your saddle some- message to the American people. here until midnight. Hard work is not place about something, if you are When you fly, you will go through something that is a stranger to most cranky about something, got up on the baggage screening that is not hap- people in this Chamber. wrong side of the bed, didn’t have sugar hazard as it is in some airports but Do you know what? We have five ap- in your cereal, good for you. That screening by somebody who is trained propriations bills that should have doesn’t mean you have to hold up the and following procedures. When you been done already, and we cannot get whole place. If you have a problem fly, that the airport perimeter, at air- one to the floor of the Senate today be- with something, come offer an amend- ports in this country, will be a perim- cause when the Senator from Nevada ment. These microphones work at eter that is guarded, in which law en- makes a unanimous consent request—if every single desk. Come offer an forcement understands what is hap- you will not go to airport security, amendment, and if you have enough pening around that airport perimeter. then let’s go to an appropriations bill— support, you are going to win, and God When you fly in the future, you will and the words ‘‘I object’’ are heard. bless you, that is the way life is here in be on an airplane in which someone is So who is objecting, and for what the Senate. I understand people say we have a not going to be able to get through purpose? And how does it advance this right to use the rules and the rules that cockpit door because it is a hard- country’s public policy interests, in a allow us to object to a motion to pro- ened cockpit, as it is on some carriers range of critically important issues— ceed. That is true, absolutely the case. notably airport security, which I think overseas. All of these things relate to But there are times, unusual times, in ought to rank near the top, given what the question, Do we provide confidence my judgment, in this country, when happened on September 11? How does it to the American people that we have the American people do not want to see taken the steps as a country to protect advance this country’s interest to shut business at usual; when what the ourselves against hijackers? this place down?—just stop it. It American people want to see is co- So we bring a bill to the floor of the doesn’t seem to me to be the mood that operation and people coming here to Senate, largely agreed to, negotiated ought to exist. say, we know we have a problem, and over a long period of time—and it is Post-September 11, we have had a pe- when this country has a problem, we now Thursday at 10 minutes after 4— riod unprecedented, at least in my are one; we are going to work together and we have a motion to proceed to the judgment, here in the Congress. Presi- and solve it. bill on airline and airport security, a dent Bush came to speak to a joint ses- That doesn’t mean every voice has to motion to proceed to the bill that we sion. I thought he gave a strong and be singing exactly the same note. cannot advance. There is a filibuster on powerful speech. I thought he spoke for Someone said when everyone in the the motion to proceed. this country, saying this country is room is thinking the same thing, no- There is something fundamentally unified, this country has one voice. body is thinking very much. I am not wrong with that. The last thing in the That is a voice of determination saying asking for a unison of thought, but I world you would expect, in my judg- to the rest of the world that what hap- am asking that we decide to take some ment, is stalling on a motion to pro- pened in this country was a heinous act action in this Congress. This is the op- ceed to the airport security bill in the of mass murder. We will find those who posite of action, and it is not the best Congress in the aftermath of the Sep- did it, and we will punish them, and we of what Congress has to offer the tember 11 tragedy. will take all steps necessary to prevent American people so soon after the trag- If there are things people object to, if that sort of thing from happening edy that occurred on September 11. there are things they do not like in again in America. I express my disappointment as only this bill, things they want to change— One part of that, and I must say a one Member of the Senate. But I hope if they have heartache about some- very important part of that, is dealing very much others will join and we will thing, let the bill come to the floor and with security in the area of commer- begin next week—the Senate has no offer an amendment. Just offer it, grab cial airlines and commercial aviation. votes tomorrow, and Monday is Colum- a microphone, stand up, and have at it. This legislation dealing with sky mar- bus Day. The Senate will not have We will be here. We do not have to go shals, airport screening, perimeter law votes on Monday. My hope is when we anyplace real soon. There is nothing, in enforcement, hardening of the cockpit, come back Tuesday, we will see a series my judgment, that has a higher pri- and so many other issues—the appoint- of actions on the part of the Senate ority than this at the moment. ment of an Assistant Secretary of with a new determination to cooperate, If we do not get people back in the Transportation whose sole authority it to say, yes, let’s do these things. We air, if we do not get commerce going is to deal with security—all of that is know they need to get done; let’s do again in this country—business trav- in this legislation. So, on Thursday them. Bring up the airport security elers and travelers for vacations, pleas- afternoon we sit in a spooky quiet bill, offer some amendments, agree to ure travelers and so forth—if we do not Chamber because somehow this co- some limitation on time on debate. If have people back in the air, we will not operation is not there. you don’t want to do that, that is fine, have a commercial aviation system left I am not here just to point my finger. but it seems to me it makes sense to in this country. They are hem- I haven’t named anybody or talked get these things done. Bring the appro- orrhaging in red ink, and we did a bill about sides here. All I say is those who priations bills up. Let’s get these done. to try to provide some support for that, say ‘‘I object’’ when we say at least Let’s work in a spirit of cooperation. but that bill only lasts a very short pe- let’s move to the motion to proceed to I am not saying one side is bad and riod of time. We must give people con- the airport security bill, when they say the other side is good. I am saying all fidence that when they get on an air- ‘‘I object,’’ I think they retard rather of us are on the same side. There is plane, they are not going to have sub- than advance this country’s interests only one side in America at this point, stantial risk of hijacking, that the se- on something so important and so and that is the side of trying to get the curity procedures in place are going to timely and so necessary at this mo- right thing done at the right time for protect them. We must give them that ment. the American people.

VerDate 26-SEP-2001 02:06 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.062 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10279 I yield the floor, and I make a point ent upon a healthy airline industry RAIL SECURITY of order a quorum is not present. with lots of passengers? Mr. CORZINE. Mr. President, I rise The PRESIDING OFFICER (Mr. DOR- My State is clearly one that is so today to speak with strong support for GAN). The clerk will call the roll. desperately affected by the lack of air- an amendment that I know my col- The assistant legislative clerk pro- line travel and its spillover into the ho- league from Delaware, the senior Sen- ceeded to call the roll. tels, restaurants, and the visitor at- ator, JOE BIDEN, will be offering which Mr. NELSON of Florida. Mr. Presi- tractions. You can go on with car rent- deals with the issue of rail transpor- dent, I ask unanimous consent the al companies, on and on. tation up and down the east coast—ac- quorum call be dispensed with. The majority leader, our wonderful tually across the country, an amend- The PRESIDING OFFICER. Without leader, Senator DASCHLE—I think with ment that provides about $3 billion to objection, it is so ordered. The Senator the concurrence of the minority leader enhance the security of our rail trans- from Florida. certainly in wanting to be there— portation network. f wants a bill that would put sky mar- This happens to be an amendment shals on the planes, that would that I think fits extraordinarily well BIPARTISAN RESPONSE TO THE strengthen the cockpit doors, that CRISIS and is extraordinarily important in would have enhanced and federalized providing a comprehensive security Mr. NELSON of Florida. I was so in- screening of passengers, that would package for our transportation net- spired by the comments of the Senator help train the crews for anti-hijacking work in this country. from North Dakota that I felt com- procedures, that would require back- The tragic events of recent weeks pelled to rise to offer my additional ground checks on those who are not have focused attention on our need to comments to the thoughts the Senator citizens who want to learn to fly in our improve the safety and soundness of from North Dakota has offered. flight schools, and all of those things our transportation network, in par- I have gone home each weekend and that are unanimously embraced in this ticular our airlines. I congratulate the heard my people respond that they are country and that we want to pass. leaders of the Senate, our majority so proud that they have seen a una- As so adequately pointed out by the leader, TOM DASCHLE, and the minority nimity of purpose, a unity of leader- Senator from North Dakota, it is 4:25 leader, TRENT LOTT, along with Sen- ship, unity of the executive and legisla- on Thursday and we can’t proceed to ators HOLLINGS and MCCAIN, for their tive branches of Government, and they the bill. We can’t even proceed to the outstanding work to bring forward a are so proud that they have seen bipar- motion to proceed because it is going package that I believe our Nation is tisanship as America has responded to to be filibustered. asking for, is demanding: that we rec- We will pass the motion to proceed the crisis we now face. ognize we need to improve the safety of In the midst of that unity and that next Tuesday. But then there are 30 our aviation system in this country. bipartisanship, we have seen swift ac- hours of debate on the motion to pro- We need to be a little more forward tion on a number of pieces of legisla- ceed before we can ever get to the air- looking. We need to think outside just tion: line security bill unless people will the events that have occurred to what First of all, the emergency supple- come to their senses as to what is in could occur and where the next trage- mental that would appropriate $20 bil- the national interest, putting aside dies might very well occur. lion to respond to the terrorists and their partisan concerns, putting aside While we are tightening aviation se- another $10 billion to respond to the their parochial concerns, and coming curity, we need to address problems crisis in New York; together again in what has been a that may very well exist in other parts Then, as the Senator pointed out, the bright, shining moment for America in of our transportation system. quick action on the financial package the unity and bipartisanship that has Just yesterday we experienced a seri- for the airlines so that we can get peo- been displayed in the last 3 weeks. ous problem in our country’s bus net- ple back into the air and help shore up I was sufficiently moved by the com- work. Fortunately, it was not of the this major component of our economy. ments of the Senator from North Da- same tragic proportions, but we saw, But in the midst of all this unity, I kota that I wanted—I thank him for once again, a criminal taking over a think that partisanship and ideological taking my place in the chair as the bus and attacking the driver, leading rigidity is beginning to raise its ugly Presiding Officer—to offer these re- to the death of five innocent pas- head again, for as the Senator from marks. sengers. North Dakota has pointed out, there I yield the floor. We have a vulnerable transportation was an objection offered last week I suggest the absence of a quorum. system in this country. Unfortunately, The PRESIDING OFFICER. The when we needed to pass a Department our rail system may be the most vul- of Defense authorization bill that held clerk will call the roll. The assistant legislative clerk pro- nerable. That is why we need the Biden it up some 5 days more. Finally, we got initiative, hopefully with a number of an agreement after a tortuous process ceeded to call the roll. Mr. NELSON of Florida. Mr. Presi- Senators from across the country sup- of trying to explain to others that you dent, I ask unanimous consent that the porting it. We need to address this couldn’t load down the Department of order for the quorum call be rescinded. issue before a problem occurs. Defense authorization bill with The PRESIDING OFFICER (Mr. Talk about proportionality. In fiscal everybody’s agenda, that you had to CORZINE). Without objection, it is so or- year 2000, Amtrak provided ridership keep it pure and address the defense dered. for 22.5 million folks. Out of New York needs of this country, particularly at a (The remarks of Mr. NELSON of Flor- City, there were 8.5 million boardings. time such as this. ida pertaining to the introduction of S. It is an enormous contributor to the We came to a point yesterday late in 1506 are printed in today’s RECORD transportation system in this country. the day where the majority leader—and under ‘‘Statements on Introduced Bills It is an important one. I believe the minority leader—wanted and Joint Resolutions.’’) We learned that it is complementary to agree to the unanimous consent re- Mr. NELSON of Florida. Mr. Presi- to our transportation system as we saw quest of the majority leader to proceed dent, I suggest the absence of a the shutdown of Reagan National and on this airline security bill, and yet quorum. we saw the aftermath of the events. there were objections—perhaps for The PRESIDING OFFICER. The It is not just passenger traffic. some partisan reasons, perhaps for clerk will call the roll. Freight traffic feeds one of the most some ideological reasons, perhaps for The assistant legislative clerk pro- important ports in our country, the some parochial reasons. But as so elo- ceeded to call the roll. New York-New Jersey port. Up and quently pointed out by the Senator Mr. CORZINE. Mr. President, I ask down the east coast, there is tremen- from North Dakota, are we forgetting unanimous consent that the order for dous interconnectivity of our society what is in the interest of the country, the quorum call be rescinded. through rail traffic. This is one of our which is to get the American public The PRESIDING OFFICER (Mr. NEL- most vulnerable spots, and I think it flying again, and to help all of these SON of Florida). Without objection, it is needs to be addressed on an emergency myriad of industries that are depend- so ordered. basis. I think a lot of my colleagues do,

VerDate 26-SEP-2001 02:06 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.065 pfrm01 PsN: S04PT1 S10280 CONGRESSIONAL RECORD — SENATE October 4, 2001 and that is why we are so impassioned the ones in New York and New Jersey, things where we know there are prob- about the need to address this now in but Baltimore, Washington, and other lems. this time when we are looking at var- places across the country are not up to As a matter of fact, the traffic has ious needs for security. scale for the 21st century. In fact, some increased over 40 percent in that When you ride Amtrak, which a num- of them are not up to scale for the 20th Northeast corridor since September 11 ber of Senators did when they visited century. because a lot of people believe it is an ground zero a couple of weeks ago, and The ones in Baltimore were put in alternative to air transportation. I as a number of us do regularly, you do place in the 1870s. The tunnels under hope we will move on this bill, move on not have to go through any security the Hudson River were built in the it quickly, so we are looking after our checkpoints before boarding, no metal early 1900s when we had the Pennsyl- citizens in a prospective way, not in a detectors, no x-ray machines to check vania railroad. They have gone through reactive way. luggage, and there are very few secu- different ownerships and struggles to For all of these reasons, I strongly rity officers. Someone can just walk on stay current. urge my colleagues to support the a train and put a bag in the storage If a terrorist were to attack the ones Biden amendment when it is presented. bins. One does not even have to be sui- I know best under the Hudson River, I hope to come back and speak to this cidal to accomplish destruction. there are two exits in a tunnel that is again and make sure people forcefully Indications are that security on the better part of 6 or 7 miles long. understand this is a need that has to be trains is light. Under these cir- Lousy ventilation was put in place, as addressed now, not after the fact. I ap- cumstances, we have been very fortu- I said, in the early 1900s, and a narrow preciate the attention of the Senate, nate, in my view, to have avoided a passageway virtually makes it impos- and I hope we will all be attentive to major terrorist attack on our Nation’s sible to evacuate. the needs of what I think are impor- rail system. It is not just a Northeast On an average day there are 100,000 tant rail safety issues, as well as our corridor problem. It is a problem across passengers who go through that tunnel. aviation safety. the country where we have heavy rail It is not just Amtrak, but it is the New I yield the floor. traffic. Jersey transit, which is one of the vital The PRESIDING OFFICER (Mr. It is time to improve that security links to have a connected economy in JOHNSON). The Senator from Idaho. now. We need to think ahead to what the metropolitan New York-New Jer- f could be a major disaster, a human sey-Connecticut area. RESOLVING DIFFERENCES tragedy for our country. That is why I stress that it is not only New York- the Biden initiative, and the initiative New Jersey. We have similar issues in Mr. CRAIG. Mr. President, this after- of so many of us, is so important. the Baltimore tunnels, and, frankly, noon I want to speak to the issue that This amendment will provide the re- they have a tunnel in Washington that many of my colleagues have spoken sources to substantially improve the runs right next to the Capitol Building. about. For the first time since Sep- security of the Nation’s passenger rail There are enormous risks and ineffi- tember 11, I have heard an interesting system—not just in the Northeast but ciencies that occur here. word used by the majority leader of the the Nation’s rail transportation sys- We have a safety issue for sure. All Senate, the word ‘‘obstruction.’’ tem. Funds could be used for a variety one has to do is watch grade B movies I am disappointed Senator DASCHLE of purposes, including hiring more po- of days in the West, as we might have has decided that is a word he needs to lice officers, improving training and se- seen in South Dakota, where people use to express his concern about where curity personnel, purchase of security blew up bridges or blew up tunnels to we are in the Senate at this moment. cameras, and the establishment of spe- know it does not take a genius to fig- What I will say this afternoon to the cial emergency response teams that ure out that these are places where se- majority leader is there is an awful lot can respond instantly if we have a curity measures need to be taken and about trying to get the work product problem on our rails. It could provide attended to. we are going to offer to the American helicopters to check the track cov- I hope my friends in the Senate will people next week right correct, well erage to make sure we are not being at- realize this is not about porkbarrel done, before we bring it to the floor. tacked before an event. spending. This is a serious concern for For example, if Senator DASCHLE had There are a number of things we need literally millions of folks who are in- suggested we bring the antiterrorism to do on a commonsense basis to make volved in our rail transportation sys- package to the floor yesterday, we sure we are more secure in our rail tem. would not have had a completed prod- traffic, to make sure our economy con- Finally, this is a vital economic link uct. Somebody would have had to stand tinues to roll and provide the freight for this country. There is an enormous up and object and say, wait a moment, connections with which Amtrak and amount of freight traffic up and down TOM, somehow you have the cart before rail across our country use to service the east coast. There is in other parts the horse. our economy. We ought to do this now of the country as well, and our friends If we spend another 24 hours on it, and not wait for a problem to occur. need to have protection to make sure maybe we can resolve our differences. It is also important—and this is abso- those links stay in place. If we are ever You know what happened in that 24- lutely more clear every day—Mr. Presi- going to worry about where the status hour period? Differences were resolved. dent, I encourage you to come to New of our economy is and how we are The Senate stood in a bipartisan way York, New Jersey, and try to commute going to keep it thriving, get it back last night and crafted an antiterrorism across the various forms of transpor- on the right track, now is the time to package, and the House voted out of tation under the Hudson River or over be thinking about that. That is why I committee unanimously in a bipartisan it and see the 11⁄2 to 2 hour lines that think we have to make sure we move way to resolve it. are taking place because of the break- on these issues with regard to rail There is not a great deal of difference down, obviously, of the path tunnel transportation at the same time we are between that and the airport safety that went into the World Trade Center. talking about aviation. package that came to the floor without There were 50,000 riders one way each There is the old saying: Fool us once, clear instructions and a bipartisan day on that pathway, and now they are shame on you; fool us twice, shame on unity that would have led us to resolve looking for other ways to get into the us. Frankly, I think we are in that po- it in the correct fashion. Many of our city. sition. That is why I feel so strongly colleagues were lining up, and right- With the entry level of the Holland about support of the initiative that a fully so, to offer a variety of amend- Tunnel now stopped because of security number of us are taking under the ments that could have taken us well reasons, there is an absolute need for leadership of Senator BIDEN, and I hope into next week, substantially changed us to understand that these are impor- we will move that forward. Economic the character of an airport safety pack- tant security chokepoints, risk points reasons for sure, but when you want to age, and sent a very confusing message in our transportation network. think about the safety of the people of to the American public. The public has A lot of these tunnels are extraor- America, we do not need another Sep- a right to be concerned at this moment dinarily dated and, by the way, not just tember 11 to produce movement on because current airport safety failed us

VerDate 26-SEP-2001 02:44 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.069 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10281 on September 11. They want to make lars more when we are on the verge of yesterday afternoon had not been be- darn sure that whatever we do this spending beyond what we now have fore the committee, had not had hear- time we get it right. available to spend? ings, had not worked the process. I un- In getting it right, my guess is the September 11 awakened us to a great derstand that. We all understand that. first question you would ask is, Are many needs, but it does not mean we It is a time of urgency. But in that ur- you going to use the old model that do them all overnight or we spend hun- gency, in the very critical character of failed us on September 11 and throw dreds of billions of dollars into deficit what we do, we cannot do it wrong. We more money at it and throw more peo- to accommodate it. It says, though, cannot rush to judgment and load it ple at it, or are you going to think dif- that we have some immediate needs. down with everything else, including ferently? Are you going to step out of One of the most immediate is airport social agendas, unemployment agen- that box and look at something new security. das, a whole infrastructure, transpor- that really is an awful lot about law While Americans are beginning to re- tation system for Amtrak. That is for enforcement and a lot less about hiring turn to our airports because they know another day and another issue. Darned the cheapest kind of personnel you can security has been substantially height- important, yes. We need time to debate get to fill what is required by the FAA? ened, what we are going to offer them it on the floor. Let the committee That really is the debate that is going in the package that is brought to the work its will. on behind the closed doors that the ma- floor next week is a new model that I am not going to suggest I under- jority leader has not been willing to ex- creates a new paradigm of thinking, stand exactly how any of these systems pose to the American people this after- that clearly allows the American peo- ought to work. I understand when we noon. He has simply stood on this ple to see on an annual basis, as we re- take our time and involve all of our floor, wrung his hands, and used the view it, as it is implemented by this colleagues and use the process appro- word ‘‘obstruction.’’ administration, an airport security priately, we produce better public pol- Let me say what is going on in the system that has the integrity not to icy. back rooms at this moment: The White allow the penetration, not to allow a Clearly, the White House engaged us House, the Secretary of Transpor- September 11 to ever happen again in yesterday in a much more direct way tation, the chairman of the Commerce this country, and to say to them, as I with some examples of things they be- Committee, the ranking member of the should as a policymaker in a legiti- lieved were necessary that were not in Commerce Committee, and a good mate way, we have offered the best the bill, that the leader was trying to many others are trying to craft a final product available to guarantee security bring to the floor, that he now accuses product that is a hybrid, that is out of and a sense of well-being when one us of having obstructed. Mr. Leader, of the box, that is different, that is steps on an airliner at any airport in course you speak out as you wish, but unique, that we can bring to the floor this country. I will suggest that come next Tuesday next Tuesday and show to the Amer- So should we be rushing now to get it or Wednesday we will have a better ican people we can get it right and out or should we be trying to do it product. We will be more united. We they will, from that day forward, as right? will stand together as the American this new product gets implemented, Our President spoke about being people ask. We will craft out of a box, have the kind of airport security they calm, about missiles or bombs not fly- out of the old failed paradigm, a new want, demand, and are going to require ing the day after September 11, about product, and we will be able to turn to of their government. going out and finding out where the the American people and say, in the Is it more of a model of law enforce- enemy is, building coalitions and doing collective best thinking of the U.S. ment, maybe like the U.S. Marshals it in a progressive, constructive way Congress, the President of the United Service that has a cadre of profes- that forever would rid this world of ter- States, the Secretary of Transpor- sionals that allows contracting out but rorism. He preached calmness and he tation, and all of the experts we could does so with very strict parameters? asked us to unite. The kind of divisive assemble, we are creating an airport The White House has said they do not word, ‘‘obstruction,’’ that I heard this security system in this Nation that want to federalize all of it. They recog- afternoon does not serve this body will work. nize you cannot make all of these peo- well. It does not bring us together. It Following that, I hope we can move ple Federal employees and expect the divides us. It divides Members along a to antiterrorism and the kind of pack- best product, but if you do, then you line that says: there is somebody for age that was crafted in an unhurried have to change the character of the something and somebody against some- but aggressive environment which the way you hire a Federal employee, and thing. House voted out unanimously last you have to allow hiring and you have I suggest there isn’t anything that night from their committee, and Sen- to allow firing. You have to be able to we can all be unanimously for at this ators came around yesterday evening proscribe and demand and inspect and moment because there are very legiti- in final draft to say that is a product make sure the end product, the inabil- mate questions about the integrity of that will work, that will give the FBI, ity to penetrate security at all of our the proposal and how it will work and that will give other law enforcement Nation’s airports, is absolute. who will manage it—FAA? Department agencies in our country the kind of I suggest to the majority leader the of Transportation? Department of Jus- seamless web and communications sys- reason we are not debating this issue tice? Is it a transportation issue? Is it tem that allows them to know what on the floor this afternoon is not a a law enforcement issue? They are rea- the right hand is doing for the left matter of obstruction; it is a matter of sonable questions to be asked, not after hand, and vice versa, and the ability to getting it right before it is brought to the fact but before the fact, before you track in a modern, electronic way the floor. It is an awful lot more about get to the floor, before you have a final those who might be brewing ill will for airport security in the long term be- product, so we can stand united, to- our Nation and our Nation’s citizens. cause we only have one more bite at gether, as the American people are ex- Let us stand together in this Nation’s this apple. If we get it wrong this time, pecting in this time of national crisis, time of need. ‘‘Obstruction’’ is not a shame on us. and not to divide along party lines. constructive word. It is not the glue we We heard the Senator from New Jer- As a result of that need that I think need. My guess is, getting it right is sey talk about a very important issue: is critical and that my leader thinks is what we are about and what the Amer- rebuilding the infrastructure of the rail critical, we had to say: Wait a moment; ican people expect. delivery system of the east coast. back off for just a little bit. Let’s fin- For tomorrow, for Saturday, and for Should it be a part of airport security ish that product and let the chairman Monday, our work is all about getting or should it be a part of an infrastruc- of the committee, who has worked hard an airport security bill right. When we ture bill that has long been needed that and had a good idea, and the ranking do, then we can turn to the American addresses the refurbishing of a very an- member and the White House, and oth- people and say we are putting in place tiquated rail system? How much money ers, come together. a security system second to none. And is it going to cost? Should we rush to It is true there was a bill and the bill from that, we can suggest the skies of judgment and spend a few billion dol- they tried to present and bring forward America and America’s air carriers are

VerDate 26-SEP-2001 02:44 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.075 pfrm01 PsN: S04PT1 S10282 CONGRESSIONAL RECORD — SENATE October 4, 2001 safer than they have ever been. That is helped develop legislation and per- ica during our time of grief. During our goal. It is our charge. Frankly, it is formed all the activities of a Congres- this period of turmoil and anxiety, I re- our responsibility. We are up to it in a sional staffer. mind my colleagues that Taiwan will bipartisan fashion with the whole Sen- Though Marion is known for her mark its National Day on October 10. ate speaking as one voice. Next week grace and warmth, she has made sub- In recent years Taiwan has sought to we will be prepared to do that. stantial contributions to the annals of return to the United Nations. I believe I yield the floor and suggest the ab- American health policy. Marion’s we should give Taiwan our support. sence of a quorum. broad experience in health policy was The Republic of China on Taiwan is a The PRESIDING OFFICER. The bolstered by stints at the American democracy guaranteeing rights to all clerk will call the roll. Enterprise Institute and the National its citizens; it is one of the most impor- The legislative clerk proceeded to Health Policy Forum. She became di- tant economic entities in the world; call the roll. rector of the AEI Center for Health and despite its small population, 23 Mr. REID. Mr. President, I ask unan- Policy Research before joining the In- million people, Taiwan has financial imous consent that the order for the stitute of Medicine. While at AEI, Mar- resources surpassing those of many quorum call be rescinded. ion edited five texts on health policy. western countries. The PRESIDING OFFICER (Mr. JEF- During her 14 years on the staff of Sadly, the international community FORDS). Without objection, it is so or- the Institute of Medicine, Marion accords Taiwan less recognition than dered. served as the study director for three many other non-state entities, includ- f IOM reports on critical issues ranging ing the terrorist Palestine Liberation Organization. TRIBUTE TO MARION EIN LEWIN from improving Medicare, to the impact of information on the develop- As the people of Taiwan, the East Mr. DASCHLE. Mr. President, today ment of health policy, to the status of Asian region’s leading free market de- I want to pay tribute to Marion Ein safety net providers. While at the IOM, mocracy, celebrate their National Day Lewin, a prominent health policy ana- she also directed the Pew Health Pol- on October 10, we should commend lyst and the long-time director of the icy Fellowship. them for their successes and encourage highly regarded Robert Wood Johnson Now, after 14 years, Marion Ein other nations to support Taiwan’s par- Health Policy Fellowship program. Lewin has decided to leave her pivotal ticipation and membership in inter- Marion is retiring from the fellowship role in the Robert Wood Johnson Fel- national organizations. program this year, after 14 years of lowship. Her influence upon the 85 Fel- f dedicated service during which she lows who served during her tenure is COMMON SENSE ON FIFTY guided and mentored scores of health indelible. She has overseen the trans- CALIBER WEAPONS care professionals from around the formation of academic faculty into rea- United States who took time off from sonable facsimiles of congressional Mr. LEVIN. Mr. President, long- their careers to participate in the pol- health LAs. Fellows have provided my range fifty caliber sniper weapons are icymaking process in Washington, DC. staff and me incalculable assistance among the most powerful firearms le- Her mixture of warmth, wisdom, and over the years, and I know other Mem- gally available. According to a rifle compassion will be sorely missed by fu- bers of Congress and the administra- catalogue cited in a 1999 report by mi- ture RWJ fellows and by the Members tion share my appreciation. Marion’s nority staff on the House Government of Congress and the administration of- guidance has enabled these Fellows to Reform committee, one manufacturer fices who have had the good fortune to make these valuable contributions as touted his product’s ability to ‘‘wreck work with Marion and the top-notch we seek to improve the healthcare sys- several million dollars’ worth of jet fellows she has overseen. tem in our country. aircraft with one or two dollars’ worth For almost 30 years, the RWJ Health Through the dint of her long service of cartridge.’’ Some fifty caliber am- Policy Fellowship program has se- and extraordinary knowledge of health munition is even capable of piercing lected a small group of leaders in policy, Marion has come to personify several inches of metal or exploding on America’s academic health centers to the Fellowship and its values. It is impact. participate in the development of hard to imagine the Robert Wood John- These weapons are not only powerful, America’s health policy. RWJ Fellows son Health Policy Fellowship without but they’re accurate. According to the come to Washington understanding Marion Ein Lewin. Mr. President, I ask Government Reform staff report, the health care delivery, and, during an ex- my Senate colleagues to join me in most common fifty caliber weapon can tensive training program, they supple- congratulating Marion and the Robert accurately hit targets a mile away and ment their health care expertise with Wood Johnson Program on their many can inflict damage to targets more lessons about health policy and the successes, and sending a heartfelt than four miles away. process to develop that policy. This thank you for her many years of dedi- Despite these facts, long-range fifty training and the unique opportunities cated service. Marion has made a gen- caliber weapons are less regulated than created by working on the health staffs uine difference in health care. We wish handguns. Buyers must simply be 18 of Members of Congress and in the Ex- her well and expect her to continue her years old and submit to a Federal ecutive Branch have allowed RWJ Fel- good work as she enters this new phase background check. In addition, there is lows to participate in every major in her life. no Federal minimum age for possessing health care debate over the last 25 f a fifty caliber weapon and no regula- years. tion on second-hand sales. Marion Ein Lewin has served as the IN SUPPORT OF THE UNITED Given the facts on fifty caliber weap- guiding light for the last 14 classes of STATES ons, I’m pleased that Senator FEIN- RWJ Fellows. As teacher, mentor and Mr. HELMS. Mr. President, I am STEIN has introduced a bill, which I policy analyst, Marion has helped new grateful to President Chen Shui-bian have cosponsored, that would change Fellows understand the history and op- and Ambassador C.J. Chen of the Re- the way they’re regulated. Senator portunities of health policy. She has public of China on Taiwan for their FEINSTEIN’s bill would ensure that fifty introduced Fellows to the most impor- support of the United States in the caliber weapons could only be legally tant health policy thinkers in the aftermath of the September 11 attacks purchased though licensed dealers. Her country. The greatest testament to her on New York and Washington. bill would also ensure that they could extraordinary impact is the warmth Taiwan was one of the first countries not be purchased second-hand. Buyers and fondness departing Fellows feel for to declare its unequivocal support and would have to fill out license transfer her. cooperation with the United States, applications with the ATF, supply fin- Appropriately, Marion’s experience and deserves our gratitude for its firm gerprints and submit to a detailed FBI in health policy began in a Member’s stand with us. criminal background check. By any office. She served as the Legislative In offering us whatever we need to measure Senator FEINSTEIN’s bill Assistant for Health for Congressman combat worldwide terrorism, Taiwan makes sense and I urge my colleagues James H. Scheurer (D–NY), where she has demonstrated its unity with Amer- to join me in cosponsoring the bill.

VerDate 26-SEP-2001 02:44 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.078 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10283 LOCAL LAW ENFORCEMENT ACT scent who gave their lives in defense of the Pittsburgh Pirates from 1955 to OF 2001 this nation. The street the monument 1972, and won four National League Mr. SMITH of Oregon. Mr. President, is on was once called Second Street batting titles, twelve Golden Glove I rise today to speak about hate crimes USA, but it is now called Hero Street awards, and the title of National legislation I introduced with Senator USA. The street’s name honors 84 men League’s Most Valuable Player in 1966. KENNEDY in March of this year. The from the 22 families on one small block Then there is Nomar Garciaparra, who Local Law Enforcement Act of 2001 of this street participated in World War in 1997 set several rookie records dur- would add new categories to current II, Korea and Vietnam. Many of them ing what Baseball Weekly called the hate crimes legislation sending a sig- grew up on this street, some working greatest rookie season in history. nal that violence of any kind is unac- for the railroad as their fathers did in Today we have Sammy Sosa, who is ceptable in our society. Mexico. Today the street serves as a re- outfielder for the Chicago Cubs and the I would like to describe a terrible membrance of those who courageously only player in the history of baseball crime that occurred April 13, 2001 in served our country. to hit 60 home runs in each of three dif- San Antonio, TX. According to police, Other Hispanic Americans stand up ferent seasons. a 39-year-old man was attacked be- for their communities on a daily basis. As we take time to reflect upon the cause the suspect thought he was a ho- Whether serving in our town councils, strength Hispanic Americans bring to mosexual. The victim had stopped in a fire departments, or police depart- our country, we must also remember ments, they are always working to ad- park to look at some rocks when a man that many Latinos face challenges in vance our safety and quality of life. with a knife came up behind him. The our society. Fair and equal treatment These local heroes include Raymond man held the victim in a bear hug be- of all Americans is a cornerstone of our Orozco, who led the Chicago Fire De- fore stabbing him in the chest with a society and our political system. Un- partment with distinction until his re- knife that he described as a three-inch fortunately, despite great progress, the cent retirement, and Jaime Gonzalez, Buck knife. The suspect allegedly struggle for civil rights and equal the first Hispanic police officer in called him anti-gay names as he treatment under the law continues Elgin, IL. stabbed him. today for many citizens, including our Hispanic Americans also have en- I believe the government’s first duty fellow Hispanic Americans. is to defend its citizens, to defend them hanced our national prosperity and will continue to play an important role in A time of national crisis reminds us against the harms that come out of that we must unite against hate and hate. The Local Law Enforcement En- our economy. A study by the National Academy of Sciences found that the bigotry. I support several key bills that hancement Act of 2001 is now a symbol would bring us closer to this goal. that can become substance. I believe Latino community contributes about $10 billion to the U.S. economy per First, I hope to see passage of the that by passing this legislation, we can Local Law Enforcement Enhancement change hearts and minds as well. year. According to the Census, His- panics owned about 1.2 million nonfarm Act of 2001, also known as the hate f businesses in 1997, employing over 1.3 crimes bill. Among other things, this HISPANIC HERITAGE MONTH 2001 million people and generating $186.3 legislation would expand current Fed- eral protections against hate crimes Mr. DURBIN. Mr. President, I rise to billion in business. The Small Business based on race, religion, and national celebrate our Nation’s 33rd Hispanic Administration tells us that minority origin; authorize grants for programs Heritage Month, which commemorates and women-owned businesses are the designed to combat and prevent hate Hispanic Americans and their contribu- most rapidly growing segments of the crimes; and enable the Federal Govern- tions to the strength of our Nation in business community, and the number ment to assist State and local law en- the past, present, and future. of Hispanic-owned businesses has in- Congress started the tradition of His- creased by over 600 percent over the forcement in investigating and pros- panic Heritage Month in 1968 with the past 20 years. Female Latino-owned ecuting hate crimes. I have also intro- National Hispanic Heritage Week, and businesses are growing faster than any duced the Reasonable Search Stand- expanded the annual celebration to a other segment of business owners. Ac- ards Act, which would prohibit United month-long event in 1989. This year, cording to the Center for Women’s States Customs Service personnel the month follows the terrorist attacks Business Research, two-thirds of working at our borders and in our air- on our country on September 11. More Latina entrepreneurs came into busi- ports from searching or detaining indi- than ever, it is essential to take this ness ownership not by purchasing, in- viduals solely based on their race, reli- opportunity to recognize the many heriting or acquiring a business, but by gion, gender, national origin, or sexual hardworking Hispanic Americans who starting their own. These are women orientation. Finally, I am cosponsoring have helped make our country great like Chicagoan Sonia Archer, who, the End Racial Profiling Act, which and will continue to do so throughout while raising a child, founded a home- would make profiling by any law en- our future. Our country stands united, based business marketing discounted forcement agent or agency a crime with Americans of Central and South legal services for people who cannot af- prosecutable in any State court of gen- American descent standing alongside ford attorneys’ fees. Stories like eral jurisdiction or in a District Court Americans with roots from all over the Sonia’s illustrate how Hispanic Ameri- of the United States; and would require world. cans bring great innovation and suc- Federal, State, and local law enforce- There are many shining examples of cess to our economy. ment agencies receiving Federal grants Hispanic Americans who have stood up A wide array of talented Hispanic to maintain adequate policies and pro- for our country and communities in Americans enrich arts and athletics in cedures designed to eliminate racial times of war and peace. Ancestors of our country. In the literary world, San- profiling. I believe these measures take present-day Hispanics sacrificed or dra Cisneros brings us powerful, elo- important steps toward preventing dis- risked their lives throughout the many quent stories of young women growing crimination and violence based on race years of North American history that up in communities in Chicago, or on and ethnicity. led to our country’s beginning. His- the Mexican border, that are full of There are currently 31.5 million His- panic Americans have served the challenges and beauty. Tito Puente, panic Americans living in the United United States in every war since World known as ‘‘El Rey’’ or The King of States, and Hispanic Americans com- War I. Many Hispanic American service Mambo, delighted audiences around prise 35 percent of the population under members have earned distinction in the world with his musical gifts, using the age of 18. Sadly, only 57 percent of our military, such as Emilio A. De La the timbal, vibraphone, trap drums, Latino students complete high school Garza, who entered the U.S. Marine conga drums, claves, piano, saxophone, and only 10.6 percent earn a bachelor’s Corps in Illinois and was awarded the and clarinet. Hispanic Americans have degree. We can do better. This year Medal of Honor, America’s highest also brought tremendous talent to Congress has worked with the adminis- decoration for valor. America’s pastime: baseball. Among tration to facilitate real education re- In Silvis, IL, there is a monument to the earlier figures was Roberto form based on high standards and eight heroes of Mexican-American de- Clemente, who played right-field for meaningful accountability measures.

VerDate 26-SEP-2001 02:44 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.012 pfrm01 PsN: S04PT1 S10284 CONGRESSIONAL RECORD — SENATE October 4, 2001 As we work to raise the bar for stu- St. James A.M.E. Church in Newark, resentative Linda Bartelsmeyer has de- dents and teachers, we must also en- he ensures that everyone has a voice voted her life to public service by ac- sure that schools across the country and gives hope to those who feel they tively serving on the local, State and have adequate resources to hire and have no hope. Under his leadership, St. national levels for 27 years. She has led train teachers and principals, help all James A.M.E. Church has reached out by example and proved be an out- students attain fluency in English, in- to the community and established nu- standing citizen. I am privileged to call tegrate technology effectively in the merous programs, including a soup on the United States Senate to recog- classroom, and provide children with kitchen that feed over 1,000 people per nize her outstanding accomplish- enriching after-school activities. I sup- week, a clothing program, and a drug ments.∑ port the 21st Century Higher Education and alcohol abuse program. Reverend f Initiative, which will substantially ex- Watley is also an outstanding advocate pand college opportunity through stu- for children and families. His vision A SPECIAL POEM dent aid, early intervention efforts, was to start a state of the art pre- ∑ Ms. MIKULSKI. Mr. President, I rise and more resources to strengthen mi- paratory school in the heart of New- to share a special poem with my col- nority-serving institutions. I also in- ark, preparing students mentally, leagues. Ethel A. Smith is a friend and troduced the Children’s Adjustment, physically, and spiritually for the chal- poet from the city of Baltimore. She is Relief, and Education, CARE, Act to lenges ahead. His dream realized, St. a former activist, who wrote poems for enable immigrant children to fulfill James Prep opens its doors every day various Baltimore newsletters. She is their potential and pursue higher edu- stressing academic excellence and so- now 93 years old and continues to write cation on the same terms as other chil- cial responsibility. poems. She wrote the following poem dren. Reverend Watley is a true American, to express how moved she was by the According to the 2000 Census, 60 per- one who believes that all people should tragic events of September 11, 2001. cent of Latinos in this Nation are na- have access to America’s promise. One Like so many Americans, she is draw- tives of the United States. Whether of his many gifts is the ability to bring ing on her strong faith, family, and Hispanic Americans were born here or people together to work for a common community to help at this difficult moved to our country later in life, cause. Reverend Watley is an unselfish time. most of them feel the impact of immi- man whose motivation is not self-grati- I ask that the poem be printed in the gration policy. Many live in immigrant fication. He possesses a higher calling. RECORD. families or communities, and many, This week, Reverend Watley cele- The poem follows: like most Americans, have strong brates 17 wonderful years of pastoral TURN BACK TO GOD memories of or connections to our im- ministry at the St. James A.M.E. (By Ethel Smith) migrant heritage. I support reforming Church in Newark, NJ where over 3,000 immigration laws to ensure the due people attend services each Sunday, Turn back Turn back process rights of immigrants, so that and where I have frequently joined they are guaranteed fairness in our To God with the congregation in being spir- Dear friends courts and are not unnecessarily de- itually uplifted by Reverend Watley’s tained for indefinite periods. We also He will not turn you away. message of hope. Under his expert guid- Come back need to enhance the efficiency and ac- ance, St. James A.M.E. Church has ex- countability of the Immigration and Come back perienced enormous growth and is a To God Naturalization Service. Finally, it is warm congregation filled with joy and Everyone essential to protect the safety of our love. We have wandered to far away. Nation’s immigrants and their due Reverend Watley has been a true Then fall on your knees and pray. process rights at our borders, while en- friend to me. I admire him for his lead- Come back forcing our immigration laws and pro- ership in and outside the walls of his Come back tecting our national security. church. He is a role model for all of us. To the church of your choice Hispanic Heritage Month in 2001 I can boldly say that the State of New Then ask that Faith take sway. gives us an opportunity to deepen our Jersey is a better place because of the Oh! Come back understanding, appreciation, and com- leadership of Reverend Doctor William Come back mon bonds with each other. It also Come back D. Watley and I am a better man today gives us pause, reminding us of the Dear friends because of my friendship with him. It American ideals we must continue to Let not your prayers e’er cease. is an honor for me to bring him to your fight for. The challenges that we face Come back attention.∑ in Congress and our Nation are not in- Come back surmountable. Together, we can stand f To God up for the rights of all Americans, in- Everyone RECOGNITION OF MISSOURI STATE To pray for our country and peace. cluding our Hispanic American friends. REPRESENTATIVE LINDA And together, we can recognize how Then while you are praying for God’s bless- BARTELSMEYER ings our diverse cultures and talents con- ∑ Mr. BOND. Mr. President, I rise On our land that we love so true tribute to our collective strength as today to recognize the contributions Let us pray and ask God Americans. Missouri State Representative Linda For his blessings f Bartelsmeyer has made to her commu- On other lands Caught in this war too. ADDITIONAL STATEMENTS nity, State and nation. Missouri State Representative Linda We also pray Bartelsmeyer is a native of Southwest Dear Father TRIBUTE TO REV. DR. WILLIAM D. For the thousands that have lost their life Missouri and is serving her fourth term and lie beneath all the rubble WATLEY in the Missouri Legislature rep- While their families await in strife. ∑ Mr. CORZINE. Mr. President, I want resenting Barry, Lawrence and Newton Have mercy on each and every one of us to bring to the attention of my col- counties. This year, during the annual Dear Father leagues a great man in the State of conference, she will have the distinct As the suffering continues from the terrorist New Jersey, Reverend Doctor William honor of becoming President for the attack D. Watley. 2001–2002 National Organization for on September 11, 2001. Reverend Watley is a man of integ- Women Legislators. The National Amen.∑ rity who is committed to the spiritual, Order of Women Legislators is the old- f mental, social, and economic well est and largest bipartisan organization being of his congregation and the resi- of its kind, created in part to kindle ALASKAN SMOKEJUMPER: MR. dents of the City of Newark. and promote a spirit of helpfulness DAVID LISTON Reverend Watley has dedicated his among present and former women ∑ Mr. MURKOWSKI. Mr. President, life life to his ministry. As Pastor of the State legislators. Missouri State Rep- as a smokejumper is not glamorous

VerDate 26-SEP-2001 03:59 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.082 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10285 with huge financial benefits or per- awareness for this important issue. success of the University and its grad- sonal recognition. Smokejumping is a Obesity among American youth has uates. During this most difficult time dangerous job undertaken by those doubled in the past 10 years, and not in our Nation’s history, we are all with a strong spirit who simply love only is this unhealthy by itself but can learning the value and strength of what they do fighting forest fires. also lead to other physical ailments A&M’s Corps of Cadets motto, Per My home state of Alaska, and the later in life, such as high blood pres- Unitatem Vis—Through Unity, states of many of my colleagues, have sure, type two diabetes, or cardio- Strength. been struck by the wrath of forest vascular disease. On behalf of my colleagues in the fires. We often forget the men and Oakley, Ucon, and Oakwood Elemen- United States Senate, and with just women who bravely enter the ring of tary schools were named ‘‘State Cham- and lasting pride, I offer heartfelt ap- fire to battle the often times insur- pion’’ schools by the President’s Coun- preciation and respect to all the cur- mountable flames. These courageous cil on Physical Fitness and Sports and rent and former members of the illus- firefighters, known in the industry as selected based on their outstanding trious Texas A&M University Corps of smokejumpers, parachute out from DC– achievement in the President’s Chal- Cadets. I also wish all Aggies around 3 airplanes as they fly low over acres of lenge Physical Activity and Fitness the world a Happy 125th Anniversary.∑ intense smoke and flames shooting up Awards Program. f from the forest canopy. On top of the I commend these students and their physical and emotional danger related teachers for their commitment to MEASURES READ THE FIRST TIME to smokejumping, work-related inju- physical fitness. Good habits need to The following bills were read the first ries such as broken bones, burns and start at a young age and I hope that time chainsaw gashes are common but occa- these students’ healthy behaviors will S. 1499. A bill to provide assistance to sionally smokejumping claims the life continue throughout their lives.∑ small business concerns adversely impacted of one of its own. f by the terrorist attacks perpetrated against Twenty-eight-year-old Bureau of the United States on September 11, 2001, and TEXAS A&M/CORPS OF CADETS Land Management-Alaska for other purposes. 125TH ANNIVERSARY smokejumper David J. Liston loved S. 1510. A bill to deter and punish terrorist firefighting, and he died doing what he ∑ Mrs. HUTCHISON. Mr. President, I acts in the United States and around the rise today to recognize with pleasure world, to enhance law enforcement inves- loved. During a refresher jump April 29, tigatory tools, and for other purposes. 2000 in Fort Wainwright, Alaska, Da- Texas A&M University on its 125th an- vid’s parachute and the back-up chute niversary. Texas A&M, one of our Na- f failed to open. David was returning to tion’s finest institutions of higher edu- EXECUTIVE AND OTHER work after his honeymoon in Mexico cation, was opened on October 4, 1876 as COMMUNICATIONS with new wife Kristin; the two were the Agriculture and Mechanical Col- The following communications were married 21 days earlier, on April 8. lege of Texas. From its roots of agri- laid before the Senate, together with Mr. President, David’s dedication to culture and engineering, A&M has accompanying papers, reports, and doc- firefighting will be remembered on Oc- grown into a world class university uments, which were referred as indi- tober 7 by President George W. Bush that is a leader in university research cated: and First Lady Laura Bush at a Memo- and development. It also offers an rial Service at the National Fallen amazing 383 degree-granting programs. EC–4293. A communication from the Presi- Firefighters Memorial in Emmitsburg, Although the university is justifiably dent of the United States, transmitting, pur- proud of its academic reputation, A&M suant to law, a report relative to Columbia; Maryland. David’s name will be in- to the Committee on Appropriations. scribed on a plaque at the memorial, is especially proud of its famous Corps EC–4294. A communication from the Assist- along with the names of 100 other fire- of Cadets. ant Secretary of Legislative Affairs, Depart- fighters who died in 2000. Sadly, after For 125 years, A&M’s Corps of Cadets ment of State, transmitting, pursuant to the service, the memorial will bear the have provided our State and country law, a certification for Fiscal Year 2002; to names of 2,181 firefighters from 38 with leaders in the military, govern- the Committee on Foreign Relations. states and Puerto Rico. Each family, ment and business. Texas A&M has the EC–4295. A communication from the Assist- including David’s, will be presented largest cadet corps outside the U.S. ant Secretary for Administration and Man- military academies and commissions agement, Department of Labor, transmit- with an American flag that has been ting, pursuant to law, the report of a nomi- flown over the nation’s Capitol. more officers in all four branches of nation for the position of Administrator, None of us can thank firefighters service than any other university mili- Wage and Hour Division, received on October enough for the work they do everyday. tary program. Former cadets have 3, 2001; to the Committee on Health, Edu- The heroism and bravery we witnessed served in every military conflict, from cation, Labor, and Pensions. in the firefighters in New York City, at the Indian Wars to Desert Storm. Dur- EC–4296. A communication from the Direc- the Pentagon and in Pennsylvania on ing World War II, 54,000 Aggies served tor, Office of Regulations Management, September 11, remind us of the courage as officers, more than any other school, Board of Veterans Appeals, Department of including the service academies. They Veterans Affairs, transmitting, pursuant to America’s firefighters must embrace law, the report of a rule entitled ‘‘Board of daily. Their selflessness and their de- have always answered our Nation’s Veterans Appeals: Rules of Practice-Sub- sire to help others is to be commended, call, and they have always met the poenas’’ (RIN2900–AJ58) received on October and we always need to remember those, challenge. Although only a small per- 3, 2001; to the Committee on Veterans’ Af- like David Liston, for their service and centage of Texas A&M’s student popu- fairs. determination to get the job done.∑ lation, members of the Corps of Cadets EC–4297. A communication from the Direc- tor of the Office of Personnel Management, f are the keepers of the many famous traditions at A&M that contribute to transmitting, pursuant to law, the Annual EXCELLENCE IN PHYSICAL the unique culture and spirit that is Report on Veterans’ Employment in the Fed- eral Government for Fiscal Year 2000 ; to the FITNESS ‘‘Aggieland.’’ Today, former cadets ∑ Committee on Veterans’ Affairs. Mr. CRAPO. Mr. President, I rise serve in leadership and frontline forces EC–4298. A communication from the Acting today to commend the students and throughout our military services and Deputy General Counsel, Office of Financial faculty at three exemplary elementary will help lead our Nation to success in Assistance, Small Business Administration, schools in the great State of Idaho— this 21st century war against ter- transmitting, pursuant to law, the report of Oakley Elementary in Oakley, Ucon rorism. a rule entitled ‘‘Business Loan Program and Elementary in Idaho Falls, and Oak- Although the military has seen tech- Office of Hearings and Appeals’’ (RIN3245– wood Elementary in Preston. The stu- nology move from horse and rifle to AE51) received on October 3, 2001; to the dents’ demonstrated excellence in spacecraft and lasers, the foundations Committee on Small Business and Entrepre- neurship. physical fitness has earned them rec- of our military, leadership and team- EC–4299. A communication from the Acting ognition by the President of the United work, remain the same. These traits Deputy General Counsel, Office of Financial States for their efforts to improve are the bedrock of the Corps and of Assistance, Small Business Administration, their physical well-being and raise Texas A&M University and explain the transmitting, pursuant to law, the report of

VerDate 26-SEP-2001 02:57 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.033 pfrm01 PsN: S04PT1 S10286 CONGRESSIONAL RECORD — SENATE October 4, 2001 a rule entitled ‘‘Microloan Program’’ ‘‘Tomatoes Grown in Florida; Change to the Caribbean Basin Trade Partnership Act’’ (RIN3245–AE73) received on October 3, 2001; Handling Regulation for Producer Field- (RIN1515–AC89) received on October 2, 2001; to the Committee on Small Business and En- Packed Tomatoes’’ (Doc. No. FV01–966–1FIR) to the Committee on Finance. trepreneurship. received on October 3, 2001; to the Committee EC–4321. A communication from the Regu- EC–4300. A communication from the Sec- on Agriculture, Nutrition, and Forestry. lations Coordinator, Administration for retary of the Interior, transmitting, pursu- EC–4311. A communication from the Acting Children and Families, transmitting, pursuant to law, a report relative to the 1989 Administrator, Agricultural Marketing ant to law, the report of a rule entitled ‘‘In- Exxon Valdez oil spill; to the Committee on Service, Fruit and Vegetable Programs, De- dividual Development Accounts’’ (RIN0970– Energy and Natural Resources. partment of Agriculture, transmitting, pur- AC08) received on October 3, 2001; to the EC–4301. A communication from the Acting suant to law, the report of a rule entitled Committee on Finance. Director of the Office of Surface Mining, De- ‘‘Oranges and Grapefruit (Texas and States EC–4322. A communication from the Regu- partment of the Interior, transmitting, pur- Other Than Florida, California, and Ari- lations Coordinator, Health Care Financing suant to law, the report of a rule entitled zona); Grade Standards’’ (Doc. No. FV–00–304) Administration, Department of Health and ‘‘Maryland Regulatory Program’’ (MD–050– received on October 3, 2001; to the Committee Human Services, transmitting, pursuant to FOR) received on October 2, 2001; to the Com- on Agriculture, Nutrition, and Forestry. law, the report of a rule entitled ‘‘Require- mittee on Energy and Natural Resources. EC–4312. A communication from the Assist- ments for the Recredentialing of Medicare EC–4302. A communication from the Dis- ant Secretary for Export Administration, and Choice Organization Providers’’ trict of Columbia Auditor, transmitting, a Department of Commerce, transmitting, pur- (RIN0938–AK41) received on October 3, 2001; report entitled ‘‘Audit of the Peoples Coun- suant to law, the report of a rule entitled to the Committee on Finance. sel Agency Fund for Fiscal Year 2000’’; to the ‘‘Indian and Pakistan: Lifting of Sanctions, EC–4323. A communication from the Regu- Committee on Governmental Affairs. Removal of Indian and Pakistani Entities, lations Coordinator, Centers for Medicare EC–4303. A communication from the Dis- and Revision in License Review Policy’’ and Medicaid Services, Department of trict of Columbia Auditor, transmitting, a (RIN0694–AC50) received on October 1, 2001; Health and Human Services, transmitting, report entitled ‘‘Audit of the Public Service to the Committee on Banking, Housing, and pursuant to law, the report of a rule entitled Commission Agency Fund for Fiscal Year Urban Affairs. Modification of the Medicaid Upper Payment 2000’’; to the Committee on Governmental EC–4313. A communication from the Assist- Limit Transition Period for Impatient Hos- Affairs. ant General Counsel for Regulations, Office pital Services, Outpatient Hospital Services, EC–4304. A communication from the Under of Public and Indian Housing, Department of Nursing Facility Services, Intermediate Care Secretary for Food, Nutrition, and Consumer Housing and Urban Development, transmit- Facilities for the Mentally Retarded, and Services, Department of Agriculture, trans- ting, pursuant to law, the report of a rule en- Clinic Services’’ (RIN0938–AK89) received on mitting, pursuant to law, the report of a rule titled ‘‘Revision to SEMAP Lease-Up Indi- October 3, 2001; to the Committee on Fi- entitled ‘‘National School Lunch Program cator’’ (RIN2577–AC21) received on October 1, nance. and School Breakfast Program: Alternatives 2001; to the Committee on Banking, Housing, EC–4324. A communication from the Regu- to Standard Application and Meal Counting and Urban Affairs. lations Coordinator, Centers for Medicare Procedures’’ (RIN0584–AC25) received on Oc- EC–4314. A communication from the Assist- and Medicaid Services, Department of tober 2, 2001; to the Committee on Agri- ant General Counsel for Regulations, Office Health and Human Services, transmitting, culture, Nutrition, and Forestry. of the Secretary, Department of Housing and pursuant to law, the report of a rule entitled EC–4305. A communication from the Prin- Urban Development, transmitting, pursuant ‘‘Medicare Program; Replacement of Reason- cipal Deputy Associate Administrator of the to law, the report of a rule entitled ‘‘Fair able Change Methodology by Fee Schedules Environmental Protection Agency, transmit- Market Rents for the Housing Choice Vouch- for Parental and Enternal Nutrients, Equip- ting, pursuant to law, the report of a rule en- er Program and Moderate Rehabilitation ment, and Supplies’’ (RIN0938–AJ00) received titled ‘‘Revocation of Unlimited Tolerance Single Room Occupancy Program-Fiscal on October 3, 2001; to the Committee on Fi- Exemptions; Correction and Reopening of Year 2002’’ (FR–4680–N–02) received on Octo- nance. Comment Period’’ (FRL6803–8) received on ber 1, 2001; to the Committee on Banking, f October 2, 2001; to the Committee on Agri- Housing, and Urban Affairs. culture, Nutrition, and Forestry. EC–4315. A communication from the Gen- REPORTS OF COMMITTEES EC–4306. A communication from the Prin- eral Counsel, National Credit Union Admin- The following reports of committees cipal Deputy Associate Administrator of the istration, transmitting, pursuant to law, the were submitted: Environmental Protection Agency, transmit- report of a rule entitled ‘‘Organization and ting, pursuant to law, the report of a rule en- Operations of Federal Credit Unions Non- By Mr. KENNEDY, from the Committee on titled ‘‘Sethoxydim; Pesticide Tolerances for discrimination Requirements—Non- Health, Education, Labor, and Pensions, Emergency Exemptions’’ (FRL6802–3) re- discrimination in Advertising’’ (12 CFR Sec- with an amendment in the nature of a sub- ceived on October 2, 2001; to the Committee tion 701.31(d)) received on October 3, 2001; to stitute: on Agriculture, Nutrition, and Forestry. the Committee on Banking, Housing, and S. 838: A bill to amend the Federal Food, EC–4307. A communication from the Prin- Urban Affairs. Drug, and Cosmetic Act to improve the safe- cipal Deputy Associate Administrator of the EC–4316. A communication from the Gen- ty and efficacy of pharmaceuticals for chil- Environmental Protection Agency, transmit- eral Counsel, National Credit Union Admin- dren. (Rept. No. 107–79). ting, pursuant to law, the report of a rule en- istration, transmitting, pursuant to law, the By Mr. LEAHY, from the Committee on titled ‘‘Fenthion, Methidathion , Naled, report of a rule entitled ‘‘Truth in Savings’’ the Judiciary, without amendment: S. Res. 164: A resolution designating Octo- Phorate, and Profenofos; Tolerance Revoca- (12 CFR Part 707) received on October 3, 2001; ber 19, 2001, as ‘‘National Mammography tions’’ (FRL6795–8) received on October 2, to the Committee on Banking, Housing, and 2001; to the Committee on Agriculture, Nu- Day.’’ Urban Affairs. By Mr. BIDEN, from the Committee on trition, and Forestry. EC–4317. A communication from the Chair- Foreign Relations, with an amendment in EC–4308. A communication from the Acting man of the International Trade Commission, the nature of a substitute and an amendment Administrator, Agricultural Marketing transmitting, pursuant to law, the report of Service, Fruit and Vegetable Programs, De- to the title: the Strategic Plan which covers the period S. 1465: A bill to authorize the President to partment of Agriculture, transmitting, pur- from Fiscal Year 2001 through Fiscal Year exercise waivers of foreign assistance re- suant to law, the report of a rule entitled 2002; to the Committee on Finance. strictions with respect to Pakistan through ‘‘Irish Potatoes Grown in Colorado; Modi- EC–4318. A communication from the Chief September 30, 2003, and for other purposes. fication of Area No. 3 Handling Regulation’’ of the Regulations Unit, Internal Revenue By Mr. LEAHY, from the Committee on (Doc. No. FV01–948–1FR) received on October Service, Department of the Treasury, trans- the Judiciary, without amendment: 2, 2001; to the Committee on Agriculture, Nu- mitting, pursuant to law, the report of a rule S.J. Res. 18: A joint resolution memori- trition, and Forestry. entitled ‘‘Appeals Settlement Guidelines: alizing fallen firefighters by lowering the EC–4309. A communication from the Acting Pharmaceutical—Accrual of Medicaid Re- United States flag to half-staff on the day of Administrator, Agricultural Marketing bate Liability’’ (UIL0461.01–10) received on the National Fallen Firefighters Memorial Service, Fruit and Vegetable Programs, De- October 1, 2001; to the Committee on Fi- Service in Emmitsburg, Maryland. partment of Agriculture, transmitting, pur- nance. S. Con. Res. 74: A concurrent resolution suant to law, the report of a rule entitled EC–4319. A communication from the Sec- condemning bigotry and violence against ‘‘Papayas Grown in Hawaii; Suspension of retary of Labor, transmitting, pursuant to Sikh-Americans in the wake of terrorist at- Grade, Inspection, and Related Reporting law, a report relative to the federal Unem- tacks in New York City and Washington, Requirements’’ (Doc. No. FV01–928–1FIR) re- ployment Trust Fund; to the Committee on D.C. on September 11, 2001. ceived on October 3, 2001; to the Committee Finance. on Agriculture, Nutrition, and Forestry. EC–4320. A communication from the Chief f EC–4310. A communication from the Acting of the Regulations Branch, United States EXECUTIVE REPORTS OF Administrator, Agricultural Marketing Customs Service, Department of the Treas- COMMITTEES Service, Fruit and Vegetable Programs, De- ury, transmitting, pursuant to law, the re- partment of Agriculture, transmitting, pur- port of a rule entitled ‘‘Preferential Treat- The following executive reports of suant to law, the report of a rule entitled ment of Brassieres Under the United States- committees were submitted:

VerDate 26-SEP-2001 03:59 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.015 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10287

By Mr. BIDEN for the Committee on For- INOUYE, Mr. WELLSTONE, Mr. SAR- cal or chemical weapons attack; to the Com- eign Relations. BANES, Mr. AKAKA, Mr. HARKIN, Mr. mittee on Health, Education, Labor, and *Patrick Francis Kennedy, of Illinois, a Ca- REED, Mrs . CLINTON, Mr. DURBIN, Mr. Pensions. reer Member of the Senior Foreign Service, CLELAND, Mr. KENNEDY, Mr. By Mr. ROCKEFELLER: Class of Career Minister, to be Alternate LIEBERMAN, Mr. GRASSLEY, Mr. S. 1509. A bill to establish a grant program Representative of the United States of Amer- TORRICELLI, Mr. DASCHLE, Mrs. LIN- to enable rural police departments to gain ica to the Sessions of the General Assembly COLN, Mr. EDWARDS, Mr. ROCKE- access to the various crime-fighting, inves- of the United Nations during his tenure of FELLER, Mrs. CARNAHAN, Mr. HOL- tigatory, and information-sharing resources service as Representative of the United LINGS, Ms. SNOWE, Mr. LEAHY, Mr. available on the Internet, and for other pur- States of America to the United Nations for CORZINE, Mr. LEVIN, Ms. CANTWELL, poses; to the Committee on the Judiciary. U.N. Management and Reform. Ms. LANDRIEU, Mr. ALLEN, Mrs. MUR- By Mr. DASCHLE (for himself, Mr. By Mr. LEAHY for the Committee on the RAY, Mr. JOHNSON, Mr. NELSON of LOTT, Mr. LEAHY, Mr. HATCH, Mr. Judiciary. Florida, Mr. BIDEN, Ms. COLLINS, Mr. GRAHAM, Mr. SHELBY, and Mr. SAR- Barrington D. Parker, Jr., of Connecticut, ENZI, Mr. BURNS, and Mr. CRAPO): BANES): to be United States Circuit Judge for the S. 1499. A bill to provide assistance to S. 1510. A bill to deter and punish terrorist Second Circuit. small business concerns adversely impacted acts in the United States and around the Michael P. Mills, of Mississippi, to be by the terrorist attacks perpetrated against world, to enhance law enforcement inves- United States District Judge for the North- the United States on September 11, 2001, and tigatory tools, and for other purposes; read ern District of Mississippi. for other purposes; read the first time. the first time. Timothy Mark Burgess, of Alaska, to be By Mr. KYL (for himself and Mr. MIL- By Mr. SPECTER: United States Attorney for the District of LER): S.J. Res. 24. A joint resolution honoring Alaska for the term of four years. S. 1500. A bill to amend the Internal Rev- Maureen Reagan on the occasion of her Harry Sandlin Mattice, Jr., of Tennessee, enue Code of 1986 to provide tax and other in- death and expressing condolences to her fam- to be United States Attorney for the Eastern centives to maintain a vibrant travel and ily, including her husband Dennis Revell and District of Tennessee for the term of four tourism industry, to keep working people her daughter Rita Revell; to the Committee years. working, and to stimulate economic growth, on the Judiciary. Robert Garner McCampbell, of Oklahoma, and for other purposes; to the Committee on f to be United States Attorney for the Western Finance. District of Oklahoma for the term of four By Mr. DURBIN (for himself, Mr. SUBMISSION OF CONCURRENT AND years. TORRICELLI, Ms. MIKULSKI, and Mrs. SENATE RESOLUTIONS Matthew Hansen Mead, of Wyoming, to be CLINTON): United States Attorney for the District of S. 1501. A bill to consolidate in a single The following concurrent resolutions Wyoming for the term of four years. independent agency in the Executive branch and Senate resolutions were read, and Michael W. Mosman, of Oregon, to be the responsibilities regarding food safety, la- referred (or acted upon), as indicated: United States Attorney for the District of beling, and inspection currently divided Oregon for the term of four years. By Mr. SARBANES (for himself, Ms. among several Federal agencies; to the Com- MIKULSKI, Mr. BINGAMAN, Mr. HATCH, John W. Suthers, of Colorado, to be United mittee on Governmental Affairs. States Attorney for the District of Colorado Mr. HUTCHINSON, and Mr. REID): By Mr. JEFFORDS (for himself, Mrs. S. Res. 168. A resolution congratulating for the term of four years. LINCOLN, Mr. CHAFEE , Mr. BAYH, and Susan W. Brooks, of Indiana, to be United and honoring Cal Ripken, Jr. for his amazing Ms. SNOWE): and storybook career as a player for the Bal- States Attorney for the Southern District of S. 1502. A bill to amend the internal Rev- Indiana for the term of four years. timore Orioles and thanking him for his con- enue Code of 1986 to allow a refundable tax tributions to baseball, the State of Mary- John L. Brownlee, of Virginia, to be United credit for health insurance costs for COBRA States Attorney for the Western District of land, and the United States; considered and continuation coverage, and for other pur- agreed to. Virginia for the term of four years. poses; to the Committee on Finance. By Mr. HARKIN (for himself, Mr. SCHU- Todd Peterson Graves, of Missouri, to be By Mr. ROCKEFELLER (for himself, United States Attorney for the Western Dis- MER, Mr. WARNER, Mrs. CLINTON, Mr. Mr. DEWINE, Ms. LANDRIEU, Ms. trict of Missouri for the term of four years. ALLEN, Mr. HELMS, Mr. CORZINE, Ms. SNOWE, Mr. BREAUX, Mr. BOND, Mr. Terrell Lee Harris, of Tennessee, to be SNOWE, Mr. VOINOVICH, and Mr. LEVIN, Mr. CRAIG, and Mr. GRAHAM): LIEBERMAN): United States Attorney for the Western Dis- S. 1503. A bill to extend and amend the Pro- S. Con. Res. 75. A concurrent resolution to trict of Tennessee for the term of four years. moting Safe and Stable Families Program David Claudio Iglesias, of New Mexico, to express the sense of the Congress that the under subpart 2 of part B of title IV of the be United States Attorney for the District of Public Safety Officer Medal of Valor should Social Security Act, to provide the Sec- New Mexico for the term of four years. be presented to public safety officers killed retary of Health and Human Services with Charles W. Larson, Sr., of Iowa, to be or seriously injured as a result of the ter- new authority to support programs men- United States Attorney for the Northern Dis- rorist attacks perpetrated against the toring children of incarcerated parents, to trict of Iowa for the term of four years. United States on September 11, 2001, and to amend the Foster Care Independent Living Steven M. Colloton, of Iowa, to be United those who participated in the search, rescue Program under part E of title IV of the So- States Attorney for the Southern District of and recovery efforts in the aftermath of cial Security Act to provide for educational Iowa for the term of four years. those attacks; to the Committee on the Judi- and training vouchers for youths aging out Gregory Gordon Lockhart, of Ohio, to be ciary. of foster care, and for other purposes; to the United States Attorney for the Southern By Mr. FEINGOLD (for himself, Mr. Committee on Finance. District of Ohio for the term of four years. ALLEN, Mr. WARNER, Mrs. CLINTON, By Mr. DORGAN (for himself and Mr. Jay B. Stephens, of Virginia, to be Asso- and Mr. SCHUMER): ciate Attorney General. BREAUX): S. 1504. A bill to extend the moratorium S. Con. Res. 76. A concurrent resolution Benigno G. Reyna, of Texas, to be Director honoring the law enforcement officers, fire- of the United States Marshals Service. enacted by the Internet Tax Freedom Act through June 30, 2002; to the Committee on fighters, emergency rescue personnel, and *Nomination was reported with rec- Commerce, Science, and Transportation. health care professionals who have worked ommendation that it be confirmed sub- By Mrs. BOXER (for herself, Mr. tirelessly to search for and rescue the victims of the horrific attacks on the United ject to the nominee’s commitment to ALLEN, Mr. INOUYE, and Mr. KERRY): respond to requests to appear and tes- S. 1505. A bill to authorize the Secretary of States on September 11, 2001; to the Com- mittee on the Judiciary. tify before any duly constituted com- Commerce to establish a Travel and Tourism mittee of the Senate. Promotion Bureau; to the Committee on f (Nominations without an asterisk Commerce, Science, and Transportation. By Mr. NELSON of Florida: ADDITIONAL COSPONSORS were reported with the recommenda- S. 1506. A bill to amend title 10, United S. 237 tion that they be confirmed.) States Code, to repeal the requirement for At the request of Mr. HUTCHINSON, f reduction of SBP survivor annuities by dependency and indemnity compensation; to the name of the Senator from Utah INTRODUCTION OF BILLS AND the Committee on Armed Services. (Mr. HATCH) was added as a cosponsor JOINT RESOLUTIONS By Ms. COLLINS: of S. 237, a bill to amend the Internal The following bills and joint resolu- S. 1507. A bill to provide for small business Revenue Code of 1986 to repeal the 1993 tions were introduced, read the first growth and worker assistance, and for other income tax increase on Social Security purposes; to the Committee on Finance. benefits. and second times by unanimous con- By Mr. CORZINE (for himself, Mr. S. 267 sent, and referred as indicated: REED, and Mr. TORRICELLI): By Mr. KERRY (for himself, Mr. BOND, S. 1508. A bill to increase the preparedness At the request of Mr. AKAKA, the Mr. SCHUMER, Mr. BINGAMAN, Mr. of the United States to respond to a biologi- name of the Senator from Michigan

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.019 pfrm01 PsN: S04PT1 S10288 CONGRESSIONAL RECORD — SENATE October 4, 2001 (Ms. STABENOW) was added as a cospon- of S. 913, a bill to amend title XVIII of S. 1271 sor of S. 267, a bill to amend the Pack- the Social Security Act to provide for At the request of Mrs. LINCOLN, the ers and Stockyards Act of 1921, to coverage under the medicare program name of the Senator from Vermont make it unlawful for any stockyard of all oral anticancer drugs. (Mr. JEFFORDS) was added as a cospon- owner, market agency, or dealer to S. 952 sor of S. 1271, a bill to amend chapter transfer or market nonambulatory At the request of Mr. GREGG, the 35 of title 44, United states Code, for livestock, and for other purposes. name of the Senator from Maine (Ms. the purpose of facilitating compliance S. 345 SNOWE) was added as a cosponsor of S. by small business concerns with cer- At the request of Mr. ALLARD, the 952, a bill to provide collective bar- tain Federal paperwork requirements, name of the Senator from Delaware gaining rights for public safety officers to establish a task force to examine (Mr. BIDEN) was added as a cosponsor of employed by States or their political the feasibility of streamlining paper- S. 345, a bill to amend the Animal Wel- subdivisions. work requirements applicable to small fare Act to strike the limitation that S. 969 business concerns, and for other purposes. permits interstate movement of live At the request of Mr. DODD, the name birds, for the purpose of fighting, to of the Senator from Minnesota (Mr. S. 1278 States in which animal fighting is law- WELLSTONE) was added as a cosponsor At the request of Mrs. LINCOLN, the ful. of S. 969, a bill to establish a Tick- name of the Senator from California S. 572 Borne Disorders Advisory Committee, (Mrs. BOXER) was added as a cosponsor At the request of Mr. CHAFEE, the and for other purposes. of S. 1278, a bill to amend the Internal Revenue Code of 1986 to allow a United name of the Senator from Washington S. 1083 States independent film and television (Ms. CANTWELL) was added as a cospon- At the request of Ms. MIKULSKI, the production wage credit. sor of S. 572, a bill to amend title XIX name of the Senator from New Jersey S. 1296 of the Social Security Act to extend (Mr. CORZINE) was added as a cosponsor modifications to DSH allotments proof S. 1083, a bill to amend title XVIII of At the request of Mr. DODD, the vided under the Medicare, Medicaid, the Social Security Act to exclude names of the Senator from Vermont EAHY) and the Senator from Mas- and SCHIP Benefits Improvement and clinical social worker services from (Mr. L sachusetts (Mr. KERRY) were added as Protection Act of 2000. coverage under the medicare skilled cosponsors of S. 1296, a bill to provide S. 615 nursing facility prospective payment for the protection of the due process At the request of Mr. KOHL, the name system. rights of United States citizens (includ- of the Senator from Oregon (Mr. SMITH S. 1111 ing United States servicemembers) be- of Oregon) was added as a cosponsor of At the request of Mr. CRAIG, the S. 615, a bill to amend the Internal fore foreign tribunals, including the name of the Senator from Wisconsin International Criminal Court, for the Revenue Code of 1986 with respect to (Mr. FEINGOLD) was added as a cospon- the eligibility of veterans for mortgage prosecution of war criminals, and for sor of S. 1111, a bill to amend the Con- other purposes. bond financing, and for other purposes. solidated Farm and Rural Development S. 1327 S. 686 Act to authorize the National Rural At the request of Mr. MCCAIN, the At the request of Mrs. LINCOLN, the Development Partnership, and for name of the Senator from North Caro- name of the Senator from West Vir- other purposes. lina (Mr. HELMS) was added as a co- ginia (Mr. ROCKEFELLER) was added as S. 1163 sponsor of S. 1327, a bill to amend title a cosponsor of S. 686, a bill to amend At the request of Mr. CORZINE, the 49, United States Code, to provide the Internal Revenue Code of 1986 to name of the Senator from Colorado emergency Secretarial authority to re- provide a credit against tax for energy (Mr. ALLARD) was added as a cosponsor solve airline labor disputes. efficient appliances. of S. 1163, a bill to increase the mort- S. 1434 S. 694 gage loan limits under the National At the request of Mr. SPECTER, the At the request of Mr. LEAHY, the Housing Act for multifamily housing name of the Senator from Wisconsin name of the Senator from Massachu- mortgage insurance. (Mr. FEINGOLD) was added as a cospon- setts (Mr. KERRY) was added as a co- S. 1214 sor of S. 1434, a bill to authorize the sponsor of S. 694, a bill to amend the At the request of Mr. HOLLINGS, the President to award posthumously the Internal Revenue Code of 1986 to pro- name of the Senator from Oregon (Mr. Congressional Gold Medal to the pas- vide that a deduction equal to fair mar- WYDEN) was added as a cosponsor of S. sengers and crew of United Airlines ket value shall be allowed for chari- 1214, a bill to amend the Merchant Ma- flight 93 in the aftermath of the ter- table contributions of literary, musi- rine Act, 1936, to establish a program rorist attack on the United States on cal, artistic, or scholarly compositions to ensure greater security for United September 11, 2001. created by the donor. States seaports, and for other purposes. S. 1447 S. 775 S. 1262 At the request of Mr. DURBIN, his At the request of Mrs. LINCOLN, the At the request of Mr. ROCKEFELLER, name was added as a cosponsor of S. name of the Senator from New Jersey the names of the Senator from New 1447, a bill to improve aviation secu- (Mr. CORZINE) was added as a cosponsor Mexico (Mr. BINGAMAN), the Senator rity, and for other purposes. of S. 775, a bill to amend title XVIII of from Louisiana (Mr. BREAUX), the Sen- S. 1465 the Social Security Act to permit ex- ator from Iowa (Mr. HARKIN), the Sen- At the request of Mr. BROWNBACK, the pansion of medical residency training ator from Mississippi (Mr. COCHRAN), names of the Senator from Delaware programs in geriatric medicine and to the Senator from North Dakota (Mr. (Mr. BIDEN), the Senator from Ne- provide for reimbursement of care co- CONRAD), and the Senator from Georgia braska (Mr. HAGEL), the Senator from ordination and assessment services (Mr. MILLER) were added as cosponsors Tennessee (Mr. FRIST), the Senator provided under the medicare program. of S. 1262, a bill to make improvements from Minnesota (Mr. WELLSTONE), the S. 905 in mathematics and science education, Senator from New Jersey (Mr. At the request of Mr. HARKIN, the and for other purposes. TORRICELLI), the Senator from West name of the Senator from New York S. 1269 Virginia (Mr. ROCKEFELLER), the Sen- (Mrs. CLINTON) was added as a cospon- At the request of Mr. BREAUX, the ator from Virginia (Mr. ALLEN), and sor of S. 905, a bill to provide incen- names of the Senator from New Mexico the Senator from Iowa (Mr. HARKIN) tives for school construction, and for (Mr. BINGAMAN) and the Senator from were added as cosponsors of S. 1465, a other purposes. Georgia (Mr. MILLER) were added as co- bill to authorize the President to exer- S. 913 sponsors of S. 1269, a bill to amend title cise waivers of foreign assistance re- At the request of Ms. SNOWE, the XIX of the Social Security Act to restrictions with respect to Pakistan name of the Senator from Illinois (Mr. vise and simplify the transitional med- through September 30, 2003, and for FITZGERALD) was added as a cosponsor ical assistance (TMA) program. other purposes.

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.021 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10289 S. 1478 In February 2000, Sheldon Johnson of may not survive. But these businesses At the request of Mr. SANTORUM, the St. George, UT began development are the engine of our economy and we names of the Senator from Michigan preparations on his land when he un- need to act to help them. (Ms. STABENOW) and the Senator from covered one of the world’s most signifi- This bill is the product of bipartisan Iowa (Mr. HARKIN) were added as co- cant collections of dinosaur tracks, work on our committee. I thank Sen- sponsors of S. 1478, a bill to amend the traildraggings, and skin imprints in ator BOND for cosponsoring it and for Animal Welfare Act to improve the the surrounding rock. The site has at- working with us. It includes input from treatment of certain animals, and for tracted thousands of visitors and the many sources, much of which was gath- other purposes. interest of some of the world’s top pa- ered through a combination of about 30 S. 1482 leontologists. meetings and conference calls with At the request of Mr. HARKIN, the This valuable resource is now in jeop- small business trade associations, con- name of the Senator from Kansas (Mr. ardy. The fragile sandstone in which tractors, subcontractors, small busi- ROBERTS) was added as a cosponsor of the impressions have been made is in ness lenders, and small business con- S. 1482, a bill to consolidate and revise jeopardy due to the heat and wind typ- sultants. the authority of the Secretary of Agri- ical of the southern Utah climate. We Of course, I think we have all learned culture relating to protection of ani- must act quickly if these footprints firsthand a lot from the small business mal health. from our past are to be preserved. This owners who have told us their personal S. RES. 109 bill would authorize the Secretary of stories of healthy businesses—up until At the request of Mr. REID, the name the Interior to purchase the land where September 11—which have simply of the Senator from Virginia (Mr. WAR- the footprints and traildraggings are taken a nosedive as a consequence of NER) was added as a cosponsor of S.Res. found and convey the property to the the tragic events. 109, a resolution designating the second city of St. George, UT, which will work Our airport small businesses, our taxi Sunday in the month of December as with the property owners and the coun- drivers, small hotels and restaurants, ‘‘National Children’s Memorial Day’’ ty to preserve and protect the area and small suppliers, travel agents, crop and the last Friday in the month of resources in question. I urge my col- dusters, charter bus companies, and April as ‘‘Children’s Memorial Flag leagues to support this effort to pro- many others have called to explain Day.’’ tect our national treasure. their plight. For example, there is a S. RES. 161 woman in my State who started a trav- At the request of Mrs. MURRAY, the By Mr. KERRY (for himself, Mr. el agency 26 years ago in a suburb of name of the Senator from Oregon (Mr. BOND, Mr. SCHUMER, Mr. BINGA- Boston. She has six employees. She is SMITH of Oregon) was added as a co- MAN, Mr. INOUYE, Mr. hanging on now only through personal sponsor of S.Res. 161, a resolution des- WELLSTONE, Mr. SARBANES, Mr. savings because they have zero busi- ignating October 17, 2001, as a ‘‘Day of AKAKA, Mr. HARKIN, Mr. REED, ness all of a sudden. The agency has National Concern About Young People Mrs. CLINTON, Mr. DURBIN, Mr. virtually no incoming sales, and has and Gun Violence.’’ CLELAND, Mr. KENNEDY, Mr. had to refund commissions on all can- S. RES. 164 LIEBERMAN, Mr. GRASSLEY, Mr. celed vacation packages, cruises and At the request of Mr. BIDEN, the TORRICELLI, Mr. DASCHLE, Mrs. airline tickets that had generated in- name of the Senator from Wisconsin LINCOLN, Mr. EDWARDS, Mr. come over the past 6 months. (Mr. FEINGOLD) was added as a cospon- ROCKEFELLER, Mrs. CARNAHAN, Yesterday, I met with a fellow who sor of S.Res. 164, a resolution desig- Mr. HOLLINGS, Ms. SNOWE, Mr. does a lot of business out in North Da- nating October 19, 2001, as ‘‘National LEAHY, Mr. CORZINE, Mr. LEVIN, kota. Senator CONRAD introduced us. Mammography Day.’’ Ms. CANTWELL, Ms. LANDRIEU, They were doing 20,000 sales a day. S. CON. RES. 17 Mr. ALLEN, Mrs. MURRAY, Mr. They went down to two sales a day for At the request of Mr. SARBANES, the JOHNSON, Mr. NELSON of Flor- a period of time. They are now back up name of the Senator from Michigan ida, Mr. BIDEN, Ms. COLLINS, to about 10,000. But the problem is that (Mr. LEVIN) was added as a cosponsor of Mr. ENZI, Mr. BURNS, and Mr. banks are withholding the lines of S.Con.Res. 17, a concurrent resolution CRAPO): credit for many of these companies, expressing the sense of Congress that S. 1499. A bill to provide assistance to and we want them to survive. there should continue to be parity be- small business concerns adversely im- In New York where more than 14,000 tween the adjustments in the com- pacted by the terrorist attacks per- businesses inside and around ground pensation of members of the uniformed petrated against the United States on zero have been impacted, there’s the services and the adjustments in the September 11, 2001, and for other pur- story of Sydmore Sportswear just four compensation of civilian employees of poses; read the first time. blocks from where the World Trade the United States. Mr. KERRY. Mr. President, I am in- Center once stood. Joseph Pinkas, troducing today, together with Senator who’s owned the small business for 20 f BOND, the ranking member of the Com- years owes $100,000 to his suppliers, and STATEMENTS ON INTRODUCED mittee on Small Business and Entre- revenues are down 65 percent. ‘‘We BILLS AND JOINT RESOLUTIONS preneurship, and 26 of my colleagues, don’t know where our customers are By Mr. HATCH: including Senators WELLSTONE, HAR- going to come from,’’ he said in an AP S. 1497. A bill to convey certain prop- KIN, CLELAND, LIEBERMAN, EDWARDS, story. ‘‘I’m worried about the future, erty to the city of St. George, Utah, in CARNAHAN, LEVIN, SNOWE, SCHUMER, about survival. I don’t sleep at night.’’ order to provide for the protection and CLINTON, DASCHLE, BINGAMAN, INOUYE, Other businesses in the area are filled preservation of certain rare paleon- SARBANES, AKAKA, REED of Rhode Is- with dust and debris, and their phones tological resources on that property, land, DURBIN, KENNEDY, GRASSLEY, are dead. and for other purposes; to the Com- TORRICELLI, LINCOLN, ROCKEFELLER, Small businesses doing business with mittee on Energy and Natural Re- HOLLINGS, LEAHY, CORZINE, CANTWELL, the Federal government have also felt sources. LANDRIEU, ALLEN, MURRAY, and JOHN- the impact of the attacks on Sep- Mr. HATCH. Mr. President, I rise SON, the American Small Business tember 11, 2001. Small business con- today to introduce the Virgin River Di- Emergency Relief and Recovery Act of tractors, because of very real and le- nosaur Footprint Preservation Act. 2001. gitimate security concerns, have expe- Originally introduced in the House by This is emergency legislation to help rienced a dramatic increase in costs for Representative JAMES HANSEN of Utah, small businesses that have been im- work in and around Federal govern- this legislation is vital in guaranteeing pacted as a consequence of the attacks ment facilities. We have heard reports the preservation of one of our Nation’s that took place on September 11. Thou- of small businesses being denied access most intact and rate pre-Jurassic pale- sands of small businesses employing to their equipment on military bases, ontological discoveries. I applaud millions of Americans are suffering sig- waiting for hours each day to enter Chairman HANSEN for his leadership on nificantly as a consequence of what has government facilities and being limited this issue. happened. Many of these companies in the hours they can work on their

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.022 pfrm01 PsN: S04PT1 S10290 CONGRESSIONAL RECORD — SENATE October 4, 2001 contracts. Once again, let me stress, any sales since the attacks because the our financial centers momentarily and these security precautions are very average occupancy at its client hotels robbed families and businesses of thou- necessary, but they are having a dra- has dropped to 10 percent. These busi- sands of brilliant and hard-working matic impact on our small businesses. nesses are eligible for 7(a) loans, tai- folks who helped make our country Many small businesses, particularly lored to be easier to qualify for, to prosperous, but our economic founda- those performing government con- have lower interest rates, and to offer tion is strong. We have world-class uni- tracts, operate on a tight profit mar- the option of deferring the principal versities, we have a great work force gin, so when the contract takes longer payments for 1 year. made up of people with an amazing to complete, or rented equipment goes Small businesses in need of capital work ethic, our banks are strong, we unused or can not be returned, unan- and investment financing, procurement have a reliable infrastructure for com- ticipated costs are incurred. assistance or management counseling munications, energy and transport, and Let me cite the situation faced by in the economic aftermath of Sep- the dollar is holding up. Dave Krueger, president of AS Horner tember 11. These businesses will have Now is not the time to pull back on Construction, Inc. out of Albuquerque, access to a variety of SBA’s programs investing in our economy, particularly NM. Dave is currently doing work on a with incentive features, such as in small-business development and Federal contract at an Air Force facil- waiving the borrower’s fee for a regular growth. The SBA is doing a good job ity pouring concrete parking aprons. 7(a) loan for working capital or a 504 with the tools it has, but we need to Immediately after the attack, his com- loan to buy equipment to increase pro- improve those tools and give SBA more pany was locked out of the facility for ductivity and beat the competition, or resources to deal with the scope of the nearly two weeks and currently have cut energy consumption and utility problems faced by small businesses in limited hours to access the construc- costs. the aftermath of September 11th. This Mr. President, history has taught us tion site. Dave estimates that this will legislation does just that. I urge my that, during an economic down turn, result in cost increases of at least 10 to colleagues to support this bill, and the lenders become increasingly reluctant 15 percent, meaning he will take a loss Senate to act quickly so that this to lend to small businesses. From our on this contract. emergency help is available very soon. contact with lenders, we know loan Such situations cannot go unre- Mr. President, Senator AKAKA could committees decided days after the at- solved. Small businesses are far too im- not be present to voice his support for tacks to clamp down on loans to small portant, not just to our national econ- this bill and concern for the small busi- businesses. And to make matters omy, but to our national defense as nesses in Hawaii, so I ask unanimous worse, lenders are already calling in well. Small business are a vital compo- consent that his statement be included existing loans. One example is a woman nent of our national supply chain and in the RECORD. I also ask unanimous who owns a manufacturing businesses essential to our national security in- consent that a letter of support and the in Quincy, MA, whose bank called her bill be printed in the RECORD. terests. loan and credit line. She’s never missed This act was designed to mitigate In addition to this legislation that I a payment. Where is she going to come bankruptcies, business closures, and am introducing today, there are a se- up with more than $1 million? If her layoffs related to the attacks. It also ries of tax items that we believe fall business closes, 40 jobs are lost, her addresses the shrinking availability of into the category of stimulus, but they contribution to the tax base is lost, credit and venture capital to small are not within the jurisdiction of our and she’s out of a job. It is critical to businesses through traditional lenders committee. As a member of the Fi- keep credit available to small busi- and investors, which has been exacer- nesses. nance Committee, I am going to en- bated by the attacks. It includes In addition to getting credit into the courage our committee to embrace changes in SBA’s main non-disaster hands of small businesses, it is impor- these. One would be an increase in ex- lending and venture capital programs tant to make sure they have access to pensing, so that you can deduct an ex- in order to encourage borrowing and counseling and training to run their pense up to $24,000 of the cost of quali- lending for new and expanding small businesses better, deal with the vola- fying property; and we would encour- businesses that might otherwise be re- tile market, and adjust to the changing age that increase and expensing to en- luctant to start or expand their busi- times. Providing access to such coun- courage greater business investment, nesses in the post-September 11 econ- seling helps protect our investment in and we want that expensing allowance omy. their loans because a stronger business increased to a higher amount. This legislation addresses three cat- is more likely to repay its loans. This In addition, I have several times in- egories of small businesses: legislation increases funding for the troduced—and I will reintroduce—a One, small businesses directly af- Small Business Development Centers, zero capital gains tax for those compa- fected because they are physically lo- with an emphasis on New York and nies with capitalization up to $200 mil- cated in or near the buildings or areas Virginia, as well as the volunteer Serv- lion or $300 million in new capitaliza- attacked or closed for security meas- ice Corps of Retired Executives, the tion in the critical technologies or en- ures, or are located in national air- Women’s Business Centers, and SBA’s trepreneurial businesses, where we ports. For example, a brokerage firm microlending experts. would most respond to the creation of located in one of the World Trade Cen- To help alleviate the unfortunate sit- the high-value-added jobs or some of ter Towers or an independent souvenir uations related to delayed Federal con- the technology fixes that will exist for shop in the Reagan National Airport or tracts, my legislation includes provi- security, for instance, or for national the Miami International Airport. These sions to help expedite the claims of defense and other things that we need businesses will be eligible for SBA’s small business contractors applying for to do with respect to the battle against economic injury disaster loans, under equitable adjustments to their con- terrorism. more favorable terms, such as deferring tracts. The goal of this provision, sim- Third would be changes in deprecia- the payments and forgiving the inter- ply, is to help offset the unanticipated tion. There are a number of proposals est on these loans for two years, as and temporary costs of the increased for changes to depreciation rules. We well as increasing the loan caps and ex- security at Federal Government facili- would support some, such as changing tending the deadline for applying for ties. Additionally, it establishes a $100 the depreciation schedule for computer disaster loans to one year. million fund under the control of the hardware from 5 years to 3, software Small businesses not physically dam- Small Business Administration to en- from 3 years to 2, or several other pro- aged or destroyed or in the vicinity of sure that no contracting agency has to posals. such businesses, but directly or indi- pay out of previously allocated funds Mr. President, there are a number of rectly affected because they are a sup- the increased costs of existing con- these tax proposals which the Small plier, service provider or complemen- tracts because of the security measures Business Committee will refer to the tary industry, especially the financial, implemented as a result of the Sep- Finance Committee and to our col- hospitality, travel and tour industries. tember 11th attacks. leagues with hopes that we can em- For example, a tour company in Hawaii I have confidence in our economy. brace them as a component of the stim- or Rhode Island that has had hardly The attacks may have arrested one of ulus package because they will have a

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.046 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10291 stimulus effect and a long-term bene- 11th attacks. NCRC commends the Small pleas for help from small business in ficial effect on our economy. Business Administration (SBA) for acting Missouri and across the Nation: small Small businesses, as we all know, quickly to help entrepreneurs deal with the restaurants who have lost much of small businesses represent 99 percent of aftermath of the attacks. Unfortunately, their business due to the fall off in SBA’s authority is limited under the Dis- business travel; local flight schools all employers, provide 75 percent of all aster Loan Program guidelines. SBA may net new jobs and contribute signifi- only provide assistance in declared disaster that have been grounded as a result of cantly to our economy. Every single areas’ contiguous communities. the recent terrorist attacks; and Main company on the stock exchange today What will happen to the gift basket service Street retailers who are struggling to began as a small business. Some of whose sole distribution source was a florist survive in the slowing economy. Clear- them, such as Callaway Golf, Federal in one of the World Trade Center towers? ly, we in Congress must act and act Express, Intel, and many others, got What will happen to the small catering busi- soon to help our Nation’s small busi- help through the Small Business Ad- ness that has had to lay off staff as a result nesses. of banquet cancellations and no new book- In response to these urgent calls for ministration’s loans or venture capital. ings? And what will happen to the inde- The Federal Government helped pro- help, yesterday, I introduced the Small pendent souvenir store in Ronald Reagan Business Leads to Economic Recovery vide the impetus for those companies. International Airport and other airports, We have many times over repaid the given current lack of traffic in the termi- Act of 2001 (S. 1493), which is designed Federal Treasury the entire budget of nals? to provide effective economic stimulus the Small Business Administration and Your American Small Business Emergency in three distinct but complementary its lending programs through the taxes Relief and Recovery Act of 2001 is key to the ways: increasing access to capital for paid by the success stories of our in- recovery efforts. If enacted, it will help the Nation’s small enterprises; pro- small business entrepreneurs drive the viding tax relief and investment incen- vestments. American economy. NCRC has long cham- I encourage my colleagues to em- tives for our small firms and the self- pioned the role of small businesses in grow- employed; and directing one of the Na- brace this emergency relief act, the ing and expanding our economy. Since our tion’s largest consumers, the Federal American Small Business Emergency inception in 1990, we have led the charge to Government, to shop with small busi- Relief and Recovery Act, and these bring equal access to credit and capital to all ness in America. emergency tax measures, as a way of emerging market sectors. One highly successful capacity-building initiative is the The Kerry-Bond bill goes to the heart encouraging further business growth of the problem by addressing the access and development. SBA/NCRC partnership on the CommunityExpress program. to capital barriers now confronting Mr. President, I ask unanimous con- CommunityExpress is part of SBA’s initia- small businesses. This bill is a bipar- sent to print in the RECORD a letter tive to spur economic development and job tisan collaboration between Senator from the National Community Rein- creation in under-served communities. The KERRY and me and our staffs of the vestment Corporation. program combines SBA loan guarantees, tar- Committee on Small Business and En- There being no objection, the letter geted lending by select banks, and technical trepreneurship. We have worked to- was ordered to be printed in the assistance from local NCRC membes. The gether to devise one-time modifica- RECORD, as follows: key to CommunityExpress is that it provides small business entrepreneurs with technical tions to the SBA Disaster Relief, 7(a) NATIONAL COMMUNITY and managerial assistance before and after and 504 Loan Programs because the REINVESTMENT COALITION, the loan is made. traditional approach to disaster relief Washington, DC, October 2, 2001. The SBA/NCRC cooperative effort has led will not address the critical needs of Hon. JOHN F. KERRY, to the rapid growth of the loan program from Chairman, Committee on Small Business and thousands of small businesses located a level of just over $2 million in Fall 1999 to at or around the World Trade Center, Entrepreneurship, Washington, DC. over $42 million in loans as of September DEAR CHAIRMAN KERRY: The National Com- the Pentagon and in strategic locations 2001. Of the 439 loans to date, women and mi- munity Reinvestment Coalition (NCRC) throughout the United States. nority entrepreneurs have been the greatest strongly supports the American Small Busi- In New York City, it may be a year beneficiaries, as nearly 56 percent of the ness Emergency Relief and Recovery Act of loans have gone to women and 52 percent of or more before many of the small busi- 2001 as essential to the efforts of lending in- loans have gone to minorities. The average nesses destroyed or shut down by the stitutions, community organizations and size of a CommunityExpress loan is $96,527 terrorist attacks can reopen their local public agencies to help small busi- with 61 loans between $200,000 and $250,000. doors for business. Small firms near nesses directly and indirectly impacted by Your leadership has paved the way to sup- the Pentagon, such as those at the the September 11th terrorist attacks. NCRC port small businesses in the wake of the Sep- and our 800+ member organizations commu- Reagan National Airport or Crystal tember 11th tragedy. NCRC pledges to con- City, Virginia, are also shut down or nity groups and local public agencies around tinue support your efforts and to help entre- the country also commend your leadership barely operating. And there are small preneurs in low- and moderate-income areas businesses throughout the United on this legislative measure and pledge to through CommunityExpress and other initia- promote this bill via our membership and tives. States that have been shut down for through our policy initiatives. We thank you for your continuing efforts. national security concerns. For exam- In today’s new enterprise marketplace, en- We look forward to working with you and ple, General Aviation aircraft remain trepreneurs have surged into small busi- your outstanding staff during the course of grounded, closing all flight schools and nesses ownership in record numbers. Their the 107th Congress—and beyond. impact on U.S. growth and productivity is other small businesses dependent on Yours sincerely, evident. single engine aircraft. JOHN TAYLOR, America’s 25.5 million small businesses Regular small business disaster loans President and CEO. represent more than 99 percent of our na- fall short of providing effective dis- tion’s employers. They employ 51 percent of Mr. BOND. Mr. President, I rise aster relief to help these small busi- the private sector workforce and create over today to express my strong support for nesses. Therefore, our bill will allow 80 percent of all the net new jobs in the the American Small Business Emer- small businesses to defer for up to two United States. gency Relief and Recovery Act of 2001. years repayment of principal and inter- In 2000, there were 612,400 new employer I thank Senator JOHN KERRY for intro- est on their SBA disaster relief loans. firms, an increase of 4.3 percent from 1999. ducing this bill, and I am pleased to be Small business bankruptcies decreased by Interest that would otherwise accrue 14.8 percent between 1999 and 2000, to the its principal cosponsor. In this period during the deferment period would be lowest level in over 20 years. And the busi- immediately following the September forgiven. The thrust of this essential ness failure index also decreased by 1.7 per- 11 terrorist attacks on the World Trade new ingredient is to allow the small cent since, 1999. Center and the Pentagon, I urge all my businesses to get back on their feet Small businesses’ income increased 7.2 per- colleagues to review this bill closely. without jeopardizing their credit or cent, rising from 595.2 billion in 1998 to $638.2 Its prompt passage will provide impor- driving them into bankruptcy. billion in 1999. They represent 96 percent of tant tools to small businesses that Small enterprises located in the all exporters of goods and generate more were directly and indirectly harmed by presidentially declared disaster areas than half of the nation’s gross domestic product. the terrorist attacks. surrounding the World Trade Center Today, however, hardship and economic As the ranking member of the Com- and the Pentagon are not the only adversity have stricken the small business mittee on Small Business and Entre- businesses experiencing extreme hard- marketplace as a result of the September preneurship, I receive on a daily basis ship as a direct result of the terrorist

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.049 pfrm01 PsN: S04PT1 S10292 CONGRESSIONAL RECORD — SENATE October 4, 2001 attacks of September 11. Nationwide, opment Center (SBDC), SCORE, Wom- week or so the administration, along thousands of small businesses are un- en’s Business Center and Microloan with key Members of Congress, have able to conduct business or are oper- programs provide much needed coun- discussed the creation of an economic ating at a bare-minimum level. Tens of seling to small businesses that are stimulus plan that is designed to pull thousands of jobs are at risk of being struggling or facing problems in their our country and our economy back on lost as small businesses weather the start-up phase. With the U.S. economy track and back to where it belongs. Al- fall out from the September 11 attacks. under unusual stress, many segments though this plan has yet to be solidi- The Kerry-Bond bill provides a spe- of the small business community are fied, it will provide Americans with a cial financial tool to assist small busi- today unable to cope with daily man- stable and secure foundation upon nesses as they deal with these signifi- agement issues. which public confidence can grow cant business disruptions. Small busi- The Kerry-Bond bill would authorize again, economic growth can expand nesses in need of working capital would expansions in these programs so that again, and business productivity can be able to obtain SBA-guaranteed the SBDCs, the SCORE chapters and increase again. ‘‘Emergency Relief Loans’’ from their the Women’s Business Centers are posi- The bipartisan legislation that was banks to help them during this period. tioned to address the needs of a large introduced today by Senator KERRY Fees normally paid by the borrower to influx of small businesses looking for will complement this economic stim- the SBA would be eliminated, and the help. Our bill would create special au- ulus package by giving substantial as- SBA would guarantee 95 percent of the thorizations for each program to pro- sistance to the small businesses that loan. A key feature of the bill is the vide assistance tailored to the needs of were either directly affected by the authorization for banks to defer repay- small businesses following the Sep- events on September 11 or subse- ment of principal for up to one year. tember 11 terrorist attacks. In addi- quently affected by the ripple that has My colleagues and I have been hear- tion, the bill would increase the au- spread across the United States. Sen- ing time and time again during the last thorization levels by the following ator KERRY has very wisely taken an three weeks since the terrorist attacks amounts: SBDC program $25 million, approach that looks not only at the that small businesses are experiencing SCORE $2 million, Women’s Business small businesses that were in the im- significant hardship. The downturn in Centers, $2 million, and Microloan mediate areas of the attack and thus business activity, however, was clearly technical assistance, $5 million. suffered as a result of the damage or underway prior to September 11. The In order to measure the impact of the closures, but also those businesses— downturn was further exacerbated by terrorist attacks on small businesses supplier firms, contractors, and so on— the terrorist attacks. and the effectiveness of the Federal re- that have suffered indirectly as a re- Historically, when our economy sponse to provide assistance, the sult of the initial destruction. These slows or turns into a recession, the Kerry-Bond bill directs the Office of businesses will now have the oppor- strength of the small business sector Advocacy at the SBA to submit annual tunity to obtain a number of benefits helps to right our economic ship, with studies to the Congress for the next not previously available under current small businesses leading the nation to five years outlining its findings. Spe- legislation. In brief, the legislation: ex- economic recovery. Today, small busi- cifically, each annual report should in- pands and facilities access for small nesses employ 58 percent of the U.S. clude information and data on bank- business to the SBA Disaster Loan Pro- workforce and create 75 percent of the ruptcies and business failures, job gram; offers incentives that allows net new jobs. Clearly, we cannot afford losses, and the impact of the assistance business to use the 7(a) and 504 Loan to ignore America’s small businesses as to the adversely affected small busi- Programs; provides additional funds to we consider measures to stimulate our nesses. $500,000 annually is authorized the SCORE and SBDC Programs, and; economy. for the Office of Advocacy to carry out increases outreach done by SBA to The Kerry-Bond bill would provide this important five year project. small businesses in need of manage- for changes in the SBA 7(a) Guaranteed The American Small Business Emer- ment consulting. Business Loan Program and the 504 gency Relief and Recovery Act of 2001 Let me provide some context to this Certified Development Company Loan is important legislation that is needed effort. From where I sit, no sector of Program to stimulate lending to small to help the many struggling small busi- the economy is as vital, dynamic, and businesses that are most likely to grow nesses. I am pleased to join Senator creative as small business. If you read and add new employees. These en- KERRY and my colleagues who are co- the paper or listen to the news, you hancements to the SBA’s 7(a) and 504 sponsoring the bill in urging an early know that there has been an entrepre- loan programs are to extend for one debate on this bill. Swift passage will neurial explosion in the United States year. They are designed to make the very helpful to the long-term survival over the last decade, and that this ex- program more affordable during the pe- of many of American’s small busi- plosion has significantly impacted riod when the economy is weak and nesses. every region in the country. According banks have tightened their under- Mr. BINGAMAN. Mr. President, I rise to the latest estimates, there are at writing requirements for small busi- today in extremely strong support of S. least 24 million full time small business loans. 1499, the American Small Business nesses in the United States at this Specifically, when the economy is Emergency Relief and Protection Act, time, employing millions of Ameri- slowing, it is normal for banks to raise and I am pleased to be an original co- cans. Make no mistake about it, these the bar for obtaining commercial sponsor of the legislation. In the after- businesses drive the U.S. economy, as loans. However, making it harder for math of the attacks on New York City they are the ones that fire innovation, small businesses to survive is the and the Pentagon on September 11, we provide jobs, and create wealth for the wrong reaction to a slowing economy. were right I believe, to focus our atten- country as a whole. When we talk By making these one-year adjustments tion on the loss of human life and the about the knowledge economy, we are to the 7(a) and 504 loans to make them enormous tragedy that had affected talking about small business. When we more affordable to borrowers and lend- our entire Nation. From my perspec- talk about energy and risk-taking, we ers, we will be working against his- tive, there would have been something are talking about small business. When tory’s rules governing a slowing econ- callous about calculating economic im- we talk about the ‘‘creative destruc- omy, thereby adding a stimulus for pact when there was so much visible tion’’ that enhances our over-all com- small businesses. Essentially, we will pain and suffering going on around us. petitiveness and pushes our country be providing a counter-cyclical action But as time has passed, there is an forward, we are talking about small in the face of a slow economy with the economic reality that must be ad- business. express purpose of accelerating the re- dressed in a coherent and effective Small business represents the best of covery. fashion. The increasingly negative eco- the United States, and from where I sit The SBA has a very effective infra- nomic reports we face cannot be ig- we should always make sure it has ev- structure for providing management nored as they have immediate and tan- erything it needs to make a go of it. In assistance to small businesses located gible effects on the people and commu- my State of New Mexico, there are nationwide. The Small Business Devel- nities of our country. Over the last nearly 40,000 small businesses, over half

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.028 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10293 owned by women and minorities. These nomic aftershock of these events. Ha- By Mr. KYL (for himself and Mr. entities employ nearly 60 percent of waii’s hospitality industry has been hit MILLER): the individuals that are now working particularly hard by the significant de- S. 1500. A bill to amend the Internal in my state and generate billions of crease in business and leisure travelers Revenue Code of 1986 to provide tax and dollars in revenue. New Mexico depends who are staying close to home. Airlines other incentives to maintain a vibrant on small business for its continued eco- are having to adjust to the reduced travel and tourism industry, to keep nomic welfare, and I am committed to number of travelers, while hotels are working people working, and to stimu- helping them succeed in good times dealing with low occupancy rates due late economic growth, and for other and in bad. to the cancellation or postponement of purposes; to the Committee on Fi- It is never easy to start a small busi- planned trips to Hawaii. Since the air- nance. ness or earn a profit, but it has gotten ports reopened, domestic visitor arriv- Mr. KYL. Mr. President, today I rise significantly harder recently. Many als in Hawaii have decreased by 31 per- to introduce critical legislation that small businesses were already teetering cent compared to the same time period will help restore confidence in our on the brink as a result of the eco- last year. Comparing international ar- country’s ailing travel and tourism in- nomic downturn, but in number of rivals during the period from Sep- dustry as well as serve as an immediate cases, conditions have become unman- tember 15–25 for 2000 and 2001, reveals a stimulus to our economy in general. ageable as a result of the September 11 65 percent decrease in visitors. Res- As recent economic data have con- events and the recession. It is time to taurants, hospitality services, shopping firmed, our economy was ailing before recognize that these folks need some centers, and other tourism-related the terrorist attacks on Tuesday, Sep- help. This legislation does that. It businesses are also being affected by tember, 11, but few were talking about shows that the Congress cares about the lack of visitors. The Hawaii De- emergency measures to stimulate it. what has happened and will do every- partment of Labor and Industrial Rela- What is different after September 11 is thing in its power to put things back tions reports that unemployment the downward spiral of the economy, on track again. It accepts the fact that claims for the week of September 17 led by the travel industry. Proposals for stimulating the econ- these folks are not experiencing a nor- were double the weekly average. It is omy have centered on traditional argu- mal business cycle downturn, and that estimated that 80 percent of these ments as to whether we should focus they can’t wait for the next upturn for claims are tourism related. more on stimulating business invest- things to get better. They need some Hawaii is not alone in experiencing a ment, consumer demand, or infrastruc- assistance, and they need it now. downturn in tourist and business trav- ture. Eager for a bipartisan approach, As far as I am concerned, it would be el. Popular visitor destinations across members of Congress and President a good fit to have this specific legisla- the country, including Washington, Bush appear agreeable to splitting the tion in the economic stimulus package DC, Florida, and Las Vegas have also difference and doing a little of each. To being put together at this time. How- endured sharp drops in visitors. The me, that’s a political solution and it ig- ever, given how far down the road the losses to airlines, hotels, restaurants, nores the emergency created in the negotiations over that package are, I and other small businesses are already aftermath of September 11. doubt if that is possible. If this is in- in the billions of dollars. The economic I believe that we need to rethink deed the case, I think it is imperative repercussions extend to all fifty states, what has happened to our economy to absolutely imperative, that this legis- as the economic decline impacts the arrive at the stimulus legislation that lation be passed by both the Senate lives of millions of people. attacks the major problem, and, there- and the House, and then signed by the While I am confident that Hawaii’s fore, will do the most overall good. President as soon as possible. If we are and our Nation’s tourism industry can Before September 11, our economy looking for stability and confidence to withstand this downturn in the econ- was ailing for precisely the reasons be re-established in the United States, omy, action is necessary to help pre- Federal Reserve Chairman Alan Green- small business is a good place to start. serve existing jobs and support the span articulated, a lack of business in- It is time to act, and I urge my col- economy during this difficult time. vestment. The terrorist attacks have leagues on both sides of the aisle to Further job reductions will have sig- made the general situation worse and support this bill. nificant spillover effects on the econ- caused an absolute emergency in cer- Mr. AKAKA. Mr. President, I am omy. tain sectors of the economy. Although pleased to join my colleagues from The legislation is aimed at alle- I certainly agree that Congress should Massachusetts, Mr. KERRY, and Mis- viating the economic strain on small stimulate business investment and souri, Mr. BOND, as an original cospon- businesses by providing crucial access shore up consumer expectations, for ex- sor of the American Small Business to credit. By expanding the application ample, by making our recent tax law Emergency Relief and Protection Act eligibility of the Small Business Ad- permanent, cutting capital gains taxes, of 2001. ministration’s Disaster Loan programs eliminating corporate AMT and accel- As our Nation grieves for the victims to event-based instead of location- erating our outdated cost recovery pe- and honors the rescuers, the American based criteria, many more struggling riods, I contend that our first focus people stand with President Bush and companies in all 50 states will be able should be directly on the sector hard- support his assurance that our response to obtain the assistance they need. For est hit by these events. to this terrible event and our pursuit of example, small companies which pro- To illustrate my point, an analogy is justice will be ‘‘calm and resolute.’’ vide hospitality or travel services useful. Our economy had a bad case of The challenge and responsibility we all would be eligible. Many others in a the flu before September 11. Reducing share in the aftermath of September 11 wide range of industries would be per- interest rates, providing tax relief, and is to return to work, carry on with mitted to apply for assistance. The cutting regulatory burdens were all business, bolster our economy, and re- measure would also create incentives part of the antibiotic medicine needed store public confidence in the freedom for small businesses to utilize the non- to get the economy healthy again. Dur- of movement which we enjoy. disaster relief loan programs. The in- ing the economy’s rehabilitation pe- We have already begun to repair the centives would encourage wary individ- riod, however, it sustained a major damage, enhance airline security, uals and companies to borrow and lend trauma. Under these circumstances, strengthen our national security, and to establish and expand small busi- what should be a first priority, another fight terrorism. We have acted to sup- nesses in the current economic envi- dose of flue medication, or treatment port the airline industry in this dif- ronment. applied directly to the gaping wound? ficult time. Now, legislation is needed I thank my colleagues from Massa- I believe that we must focus an emer- to support small businesses as they chusetts and Missouri for introducing gency economic stimulus on the sector face increasing challenges. this legislation and ask my colleagues that has been most harmed: our travel It has been twenty-three days since to join in supporting this essential industry. If we are to prevent thou- the disaster and millions of workers measure to assist small businesses in sands of bankruptcies, hundreds of and small businesses nationwide in a the aftermath of the heinous attacks of thousands of lost jobs, as well as nu- variety of industries have felt the eco- September 11. merous indirect consequences to the

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.029 pfrm01 PsN: S04PT1 S10294 CONGRESSIONAL RECORD — SENATE October 4, 2001 rest of the economy, it is essential that medicine has to work and be worth the ‘‘(c) QUALIFIED PERSONAL TRAVEL EX- we provide some immediate help to the cost.’’ Without airline travel, collat- PENSES.—For purposes of this section— travel industry. eral consequences to related industries ‘‘(1) IN GENERAL.—The term ‘qualified per- Accordingly, I am introducing legis- will be substantial. Of all the com- sonal travel expenses’ means reasonable ex- lation that seeks to treat this emer- peting proposals I can think of, none penses in connection with a qualifying personal trip for— gency economic situation or wound be- more directly affects the major cause ‘‘(A) travel by aircraft, rail, watercraft, or fore it spreads an infection throughout of the problem in our economy. motor vehicle, and the entire economy. Elements of my So there it is. Our economy has sus- ‘‘(B) lodging while away from home at any legislation include: Providing a tem- tained a specific trauma. We need a commercial lodging facility. porary $500 tax credit per person ($1,000 quick and focused response to this Such term does not include expenses for for a couple filing jointly) for personal emergency condition. the ‘‘Travel meals, entertainment, amusement, or recre- travel expenses for travel originating America Now Act’’ provides the right ation. in and within the United States. This medicine for the most acute problem. I ‘‘(2) QUALIFYING PERSONAL TRIP.— urge my colleagues to join me and sup- ‘‘(A) IN GENERAL.—The term ‘qualifying will help encourage Americans to re- personal trip’ means travel within the sume their normal travel habits. Un- port this legislation. United States— like general rebate checks to tax- Mr. President, I ask unanimous con- ‘‘(i) the farthest destination of which is at payers, a tax credit conditioned on sent that the text of this bill be printed least 100 miles from the taxpayer’s residence, travel expenses ensures that the money in the RECORD. ‘‘(ii) involves an overnight stay at a com- is spent on a specific activity, in this There being no objection, the bill was mercial lodging facility and case an activity that will generate ordered to be printed in the RECORD, as ‘‘(iii) which is taken on or after the date of positive economic ripples throughout follows: the enactment of this section. S. 1500 ‘‘(B) ONLY PERSONAL TRAVEL INCLUDED.— the entire American economy. It will Such term shall not include travel if, with- also help create confidence and encour- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in out regard to this section, any expenses in age Americans to get back on air- Congress assembled, connection with such travel are deductible in connection with a trade or business or activ- planes. SECTION 1. SHORT TITLE. Since business travel expenses are al- This Act may be cited as the ‘‘Travel ity for the production of income. ready deductible, temporarily restor- America Now Act of 2001’’. ‘‘(3) COMMERCIAL LODGING FACILITY.—The term ‘commercial lodging facility’ includes ing full deductibility for all business SEC. 2. FINDINGS. entertainment expenses, including Congress finds the following: any hotel, motel, resort, rooming house, or campground. meals, that are now subject to a 50 per- (1) Prior to September 11, 2001, more than ‘‘(d) SPECIAL RULES.— cent limitation, would help bring back 19,000,000 Americans were employed in travel and travel-related jobs, with an estimated ‘‘(1) DENIAL OF CREDIT TO DEPENDENTS.—No the backbone of the travel industry, credit shall be allowed under this section to the business traveler. annual payroll of $171,500,000,000. (2) In recent years, the travel and tourism any individual with respect to whom a de- Finally, in order to provide tax relief industry has grown to be the third largest induction under section 151 is allowable to an- to those travel-related businesses most dustry in the United States as measured by other taxpayer for a taxable year beginning hurt by the terrorist attacks, Congress retail sales, with over $582,000,000,000 in ex- in the calendar year in which such individ- should allow these companies to ‘‘carry penditures, generating over $99,600,000,000 in ual’s taxable year begins. back’’ their losses incurred after Sep- Federal, State, and local tax revenues in ‘‘(2) EXPENSES MUST BE SUBSTANTIATED.— No credit shall be allowed by subsection (a) tember 11, for a temporary period of 2000. (3) In 2000, the travel and tourism industry unless the taxpayer substantiates by ade- three additional years, a total, tem- quate records or by sufficient evidence cor- porary, ‘‘carry back’’ period of five created a $14,000,000,000 balance of trade surplus for the United States. roborating the taxpayer’s own statement the years. This will allow companies that (4) The travel and tourism industry and all amount of the expenses described in sub- have been profitable until September levels of government are working together to section (c)(1). 11, but then lost money in excess of the ensure that, following the horrific terrorist ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No de- past two years’ amount of profit, to attacks on the World Trade Center and the duction shall be allowed under this chapter offset previous years’ profit. Without Pentagon on September 11, 2001, travel is for any expense for which credit is allowed this relief, many companies will go safe and secure, and that confidence among under this section.’’. (b) CONFORMING AMENDMENT.—The table of bankrupt, solely due to the terrorist travelers is maintained. (5) Urgent, short-term measures are nec- sections for subpart A of part IV of sub- attacks. chapter A of chapter 1 of the Internal Rev- To be quick and temporary, the cred- essary to keep working people working and to generate cash flow to assist the travel and enue Code of 1986 is amended by inserting be- it should be available for expenses in- tourism industry in its ongoing efforts to re- fore the item relating to section 26 the fol- curred before December 31, 2001. The tain its economic footing. lowing new item: travel could occur later. (6) Increased consumer spending on travel ‘‘Sec. 25C. Personal travel credit.’’. This legislation meets the criteria and tourism is essential to revitalizing the (c) EFFECTIVE DATE.—The amendments set forth by President Bush and the United States economy. made by this section shall apply to taxable chairman of the Finance Committee. (7) The American public should be encour- years ending after the date of the enactment By definition, the relief would be tem- aged to travel for personal, as well as busi- of this Act. porary. The revenue loss attributable ness, reasons as a means of keeping working people working and generating cash flow SEC. 4. TEMPORARY INCREASE IN DEDUCTION to this legislation for 2001 should occur FOR BUSINESS MEALS AND ENTER- that can help stimulate a rebound in the Na- TAINMENT. no later than 2002 and so there would tion’s economy. not be a long-term, negative drag on (a) IN GENERAL.—Subsection (n) of section SEC. 3. PERSONAL TRAVEL CREDIT. 274 of the Internal Revenue Code of 1986 (re- our federal budget. In fact, I believe (a) IN GENERAL.—Subpart A of part IV of lating to only 50 percent of meal and enter- that it would help ensure a positive, subchapter A of chapter 1 of the Internal tainment expenses allowed as deduction) is Revenue Code of 1986 (relating to nonrefund- long-term budgetary position by get- amended by adding at the end the following able personal credits) is amended by insert- ting America moving and doing busi- new paragraph: ing after section 25B the following new sec- ness again. As for the need to stimu- ‘‘(4) TEMPORARY INCREASE IN LIMITATION.— tion: late consumer spending, providing con- With respect to any expense or item paid or ‘‘SEC. 25C. PERSONAL TRAVEL CREDIT. sumers with incentives to travel is incurred on or after the date of the enact- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of ment of this paragraph and before January 1, clearly a demand-driven idea. I also an individual, there shall be allowed as a 2002, paragraph (1) shall be applied by sub- contend that it will help stem the re- credit against the tax imposed by this chap- stituting ‘100 percent’ for ‘50 percent’.’’. trenchment in business investment ter for the taxable year an amount equal to (b) EFFECTIVE DATE.—The amendment that the economy is experiencing in the qualified personal travel expenses which are paid or incurred by the taxpayer on or made by this section shall apply to taxable the travel industry and many related years ending after the date of the enactment industries. Finally, travel is not a par- after the date of the enactment of this section and before January 1, 2002. of this Act. tisan issue, it is one of the most bipar- ‘‘(b) MAXIMUM CREDIT.—The credit allowed SEC. 5. NET OPERATING LOSS CARRYBACK FOR tisan of all issues. to a taxpayer under subsection (a) for any TRAVEL AND TOURISM INDUSTRY. As Secretary O’ Neill said before the taxable year shall not exceed $500 ($1,000, in (a) IN GENERAL.—Paragraph (1) of section Finance Committee on October 3, ‘‘The the case of a joint return). 172(b) of the Internal Revenue Code of 1986

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.031 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10295 (relating to years to which loss may be car- S. 1501. A bill to consolidate in a sin- And again as we face increasing pres- ried) is amended by adding at the end the fol- gle independent agency in the Execu- sures on food safety, the Federal Gov- lowing new subparagraph: tive branch the responsibilities regard- ernment must respond. But we must ‘‘(H) TRAVEL AND TOURISM INDUSTRY ing food safety, labeling, and inspec- respond not only to these pressures but LOSSES.—In the case of a taxpayer which has a travel or tourism loss (as defined in sub- tion currently divided among several also to the highly fragmented nature of section (j)) for a taxable year that includes Federal agencies; to the Committee on the Federal food safety structure. any portion of the period beginning on or Government Affairs. Fragmentation of our food safety after September 12, 2001, and ending before Mr. DURBIN. Mr. President, today I system is a burden that must be January 1, 2002, such travel or tourism loss am introducing legislation that would changed to protect the public health shall be a net operating loss carryback to replace the current fragmented Federal from these increasing pressures. Cur- each of the 5 taxable years preceding the tax- food safety system with a single agen- rently, there are at least 12 different able year of such loss.’’. (b) SPECIAL RULES FOR TRAVEL AND TOUR- cy responsible for all Federal food safe- Federal agencies and 35 different laws ISM INDUSTRY LOSSES.—Section 172 of the In- ty activities, the Safe Food Act of 2001. governing food safety. With overlap- ternal Revenue Code of 1986 (relating to net I am pleased to be joined by Senators ping jurisdictions, Federal agencies operating loss deduction) is amended by re- TORRICELLI, MIKULSKI, and CLINTON in often lack accountability on food safe- designating subsection (j) as subsection (k) this important effort. ty-related issues. and by inserting after subsection (i) the fol- Make no mistake, our country has The General Accounting Office, GAO, lowing new subsection: has also been unequivocal in its rec- ‘‘(j) RULES RELATING TO TRAVEL AND TOUR- been blessed with one of the safest and ISM INDUSTRY LOSSES.—For purposes of this most abundant food supplies in the ommendation for consolidation of Fed- section— world. However, we can do better. eral food safety programs. Over the ‘‘(1) IN GENERAL.—The term ‘travel or tour- Foodborne illnesses and hazards are past two years, GAO has issued numer- ism loss’ means the lesser of— still a significant problem that cannot ous reports on topics such as food re- ‘‘(A) the amount which would be the net be passively dismissed. calls, food safety inspections, and the operating loss for the taxable year if only in- The Centers for Disease Control and transport of animal feeds. Each of come and deductions attributable to the travel or tourism businesses are taken into Prevention, CDC, estimate that as these reports highlight the current account, or many as 76 million people will suffer fragmentation and inconsistent organi- ‘‘(B) the amount of the net operating loss from food poisoning this year. Of those zation of the various agencies involved for such taxable year. individuals, approximately 325,000 will in food safety oversight. In August ‘‘(2) TRAVEL OR TOURISM BUSINESS.—The be hospitalized, and more than 5,000 1999, GAO testified that a ‘‘single inde- term ‘travel or tourism business’ includes will die. The Department of Health and pendent food safety agency admin- the active conduct of a trade or business di- Human Services, HHS, also predicts istering a unified, risk-based food safe- rectly related to travel or tourism, includ- that foodborne illnesses and deaths will ing— ty system is the preferred approach ‘‘(A) the provision of commercial transpor- increase 10–15 percent over the next ...’’ to food safety oversight. Also, in tation (including rentals) or lodging, decade. With emerging pathogens, an a May 25, 1994 report, GAO cites that ‘‘(B) the operation of airports or other aging population with a growing num- its testimony in support of a unified, transportation facilities or the provision of ber of people at high risk for foodborne risk-based food safety system ‘‘is based services or the sale of merchandise within illnesses, broader distribution patterns, on over 60 reports and studies issued such facilities, an increasing volume of food imports, over the last 25 years by GAO, agency ‘‘(C) the provision of services as a travel and changing consumption patterns, Inspectors General, and others.’’ The agent, ‘‘(D) the operation of convention, trade this situation is not likely to improve Appendix to the 1994 GAO report lists show, or entertainment facilities, and without decisive action. 49 reports since 1977, 9 USDA Office of ‘‘(E) the provision of other services as spec- Foodborne illnesses are not only a Inspector General reports since 1986, 1 ified by the Secretary. safety concern for our citizens. They HHS Office of Inspector General report ‘‘(3) COORDINATION WITH SUBSECTION (b)(2).— are also a costly problem for the Na- in 1991, and 15 reports and studies by For purposes of applying subsection (b)(2), a tion. In terms of medical costs and pro- Congress, scientific organizations, and travel or tourism loss for any taxable year ductivity losses, foodborne illness costs others since 1981. shall be treated in a manner similar to the the Nation up to $37 billion annually. The National Academy of Sciences, manner in which a specified liability loss is American consumers spend more NAS, has also concluded that the cur- treated. than $617 billion annually on food, of rent fragmented food safety system is ‘‘(4) ELECTION.—Any taxpayer entitled to a 5-year carryback under subsection (b)(1)(H) which about $511 billion is spent on less than adequate to meet America’s from any loss year may elect to have the foods grown on U.S. farms. Our ability food safety needs. In August 1998, the carryback period with respect to such loss to ensure that our food supply is safe, NAS released a report recommending year determined without regard to sub- and to react rapidly to potential the establishment of a ‘‘unified and section (b)(1)(H). Such election shall be made threats to food safety is critical not central framework’’ for managing Fed- in such manner as may be prescribed by the only for public health, but also to the eral food safety programs. They in- Secretary and shall be made by the due date vitality of both domestic and rural structed that the unified system should (including extensions of time) for filing the economies and international trade. taxpayer’s return for the taxable year of the be ‘‘one that is headed by a single offi- net operating loss. Such election, once made Many of you have probably followed cial and which has the responsibility for any taxable year, shall be irrevocable for the stories about the European food and control of resources for all Federal such taxable year. crises, dioxin contamination of Belgian food safety activities.’’ ‘‘(5) RELATED TAXPAYERS.—Under regula- food, foot-and-mouth disease in the I agree with the recommendations of tions prescribed by the Secretary and at the United Kingdom, and mad cow disease both the GAO and the NAS. A single election of a taxpayer entitled to a 5-year spreading to 13 European countries, as food safety agency is needed to replace carryback under subsection (b)(1)(H) with re- well as to Asia. While these diseases the current, fragmented system. My spect to a travel or tourism loss, such loss have thankfully not reached the United proposed legislation would combine the may be credited against the taxable income earned during the 5-year carryback period by States, they do cause American con- functions of USDA’s Food Safety and any member of a controlled group of corpora- sumers concern and remind us that Inspection Service, FDA’s Center for tions (as defined in section 1563(a)) of which food safety fears are global. Food Safety and Applied Nutrition and the taxpayer is a component or additional Today, food moves through a global the Center for Veterinary Medicine, member within the meaning of section marketplace. This was not the case in the Department of Commerce’s Seafood 1563(b).’’. the early 1900s when the first Federal Inspection Program, and the food safe- (c) EFFECTIVE DATE.—The amendments food safety agencies were created. ty functions of other Federal agencies. made by this section shall apply to taxable years ending before, on, or after the date of Throughout this century, Congress re- This agency would be funded with the the enactment of this Act. sponded by adding layer upon layer, combined budgets from these consoli- agency upon agency, to answer the dated agencies. By Mr. DURBIN (for himself, Mr. pressing food safety needs of the day. Following the events of September TORRICELLI, Ms. MIKULSKI, and That’s how the Federal food safety sys- 11, we are more keenly focused on how Mrs. CLINTON): tem got to the point where it is today. varied aspects of America’s homeland

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.023 pfrm01 PsN: S04PT1 S10296 CONGRESSIONAL RECORD — SENATE October 4, 2001 security, including our Nation’s food Together, we can bring the various not to exceed a total of $110 per month supply, may be vulnerable to attack. agencies together to eliminate the for single coverage and $290 per month Our Federal food safety system must overlap and confusion that have, unfor- for family coverage. This subsidy be able to prevent potential food haz- tunately, at times characterized our would be a refundable tax credit, which ards from reaching the public. A single food safety efforts. We need action, not means it is available regardless of food safety agency will help ensure simply reaction. I encourage my col- one’s tax liability, and the credit could that we have a cohesive process to ad- leagues to join me in this effort to con- be advanced directly on a monthly dress all ongoing and emerging threats solidate the food safety and inspection basis to the individual’s employer or to food safety. functions of numerous agencies and of- health insurance plan. With overlapping jurisdictions, Fed- fices into a single food safety agency. The credit would be available for a eral agencies many times lack ac- period not to exceed 9 months and the countability on food safety-related By Mr. JEFFORDS (for himself, credit must be used to purchase issues. There are simply too many Mrs. LINCOLN, Mr. CHAFEE, Mr. COBRA coverage. The credit would be cooks in the kitchen. A single agency BAYH, and Ms. SNOWE): available for 2 years beginning January would help focus our policy and im- S. 1502. A bill to amend the internal 1, 2002 and it would sunset on December prove enforcement of food safety and Revenue Code of 1986 to allow a refund- 31, 2003. While the Joint Committee on inspection laws. able tax credit for health insurance Taxation has not released a cost esti- Over 20 years ago, the Senate Com- costs for COBRA continuation cov- mate, rough informal estimates are mittee on Governmental Affairs ad- erage, and for other purposes; to the that the legislation will cost between vised that consolidation is essential to Committee on Finance. avoid conflicts of interest and overlap- Mr. JEFFORD. Mr. President, as $3.3 billion and $5 billion per year and ping jurisdictions. This 1977 report President Bush said yesterday, regard- it would more than double the number stated, ‘‘While we support the recent ing the need for an economic stimulus of individuals utilizing COBRA at any efforts of FDA and USDA to improve package: ‘‘one person laid off is one one time from the current level of $2.5 coordination between the agencies, person too many.’’ I strongly agree. million to $6 million. periodic meetings will not be enough to Today, I’m pleased to join with Sen- Vermont’s motto of ‘‘Freedom and overcome [these] problems.’’ ator LINCOLN and my other colleagues Unity’’ captures the sense of individual It’s time to move forward. Let’s stop in introducing the COBRA Plus Act of responsibility and shared community discussing the need to consolidate and 2001. This legislation will help those that are the twin goals of the COBRA instead take steps to make consolida- who’ve lost their jobs in the aftermath Plus Act of 2001. First, by giving unem- tion happen. Let us create what only of the terrorist acts of September 11 ployed workers access to additional fi- makes sense, a single food safety agen- keep health insurance coverage for nancial resources, it will significantly cy! themselves and their families as they increase the number of Americans who A single agency with uniform food seek new employment. take advantage of COBRA’s health in- safety standards and regulations based As we in Congress work with the ad- surance coverage option. And second, on food hazards would provide an easier ministration to develop an economic by relying on the tax code, the credit framework for implementing U.S. stimulus package, it needs to reflect will go directly to individuals and standards in an international context. the three themes spelled out by Sec- eliminate the need to create a new When our own agencies don’t have uni- retary O’Neill. The package must re- Federal program. form safety and inspection standards store consumer confidence. For with In my home State of Vermont, as is for all potentially hazardous foods, the the restoration of confidence, the establishment of uniform international the case across the country, these re- American people will again begin buy- cent events have put the security of a standards will be next to impossible. ing our Nation’s goods and services. We Research could be better coordinated well-paid job with health insurance must also support increased business within a single agency than among coverage at risk. It is important that investment. Business investment is multiple programs. Currently, Federal we here in Congress help to restore what creates new jobs and is the engine funding for food safety research is confidence in the fundamental strength spread over at least 20 Federal agen- of our economy. And finally, and I of our Nation’s economy. Americans cies, and coordination among those think most importantly, we must help should know that they will still have agencies is ad hoc at best. those individual Americans who lost productive jobs with health insurance New technologies to improve food their jobs as a consequence of the ter- coverage for their families now and safety could be approved more rapidly rorist bombings of September 11. into the future. I believe that the en- with one food safety agency. Currently, COBRA provides an existing mecha- actment of this legislation will be an food safety technologies must go nism to allow these laid-off workers important strand in strengthening the through multiple agencies for approval, the opportunity to keep their health fabric of our society as we move for- often adding years of delay. insurance while they seek new employ- ward in addressing the terrible acts of Food recalls are on the rise. In fact, ment. Under COBRA, an employer with September 11. at the end of August 2001, FSIS re- 20 or more employees must provide Mr. CHAFEE. Mr. President, I am those employees and their families the ported that there have been over fifty pleased to join Senators JEFFORDS, option of continuing their coverage recalls of meat and poultry products LINCOLN, SNOWE, and BAYH today in in- throughout the Nation this year alone. under the employer’s group health introducing the COBRA Plus Act of 2001. Under these serious circumstances, it surance plan in the case of losing their The COBRA Plus Act of 2001 will pro- is important to move beyond short- job. The employer is not required to vide a tax credit to help offset the term solutions to major food safety pay for this coverage; instead, the indi- problems. A single food safety and in- vidual can be required to pay up to 102 costs of COBRA health insurance for spection agency could more easily percent of the premium. unemployed workers. This is particu- work toward long-term solutions to the For all of its strengths, COBRA has larly important due to the challenges frustrating and potentially life-threat- some significant deficiencies. While it that our economy faces and the num- ening issue of food safety. allows those who’ve lost their job to ber of individuals who have lost or will In this era of limited budgets, it is keep their health insurance coverage, lose their jobs as a result of the ter- our responsibility to modernize and it requires them to pay the entire pre- rorist attacks on September 11. Spe- streamline the food safety system. The mium at a time when they have no in- cifically, this bill will help unemployed U.S. simply cannot afford to continue come. The high cost of COBRA is the individuals keep their health insurance operating multiple systems. This is not major reason cited for the fact that coverage by subsidizing their COBRA about more regulation, a super agency, only 18 percent of eligible enrollees uti- premiums through an individual tax or increased bureaucracy. It is about lize their coverage option. The COBRA credit. common sense and more effective mar- Plus Act of 2001 solves this problem. It According to the Congressional Re- shaling of our existing Federal re- provides a 50-percent subsidy for the search Service, it is estimated that 4.7 sources. individual’s health insurance premium, million Americans are enrolled in

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.035 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10297 COBRA health plans at any given mo- means a great deal to me because in tions. But almost 100,000 children na- ment. With average annual COBRA in- 1999, I worked closely with the late tionwide are still waiting for adoption surance costing over $6,000, many indi- Senator John Chafee to develop a new which is why the increase in Safe and viduals opt not to participate and program to help teenagers from the Stable Families is crucial. With the therefore join the ranks of the 39 mil- foster care system. Senator Chafee $200 million increase included in our lion uninsured in this country. A re- passed away that fall, but I was proud legislation, we will make the commit- cent survey indicated that less than 20 to work with a bipartisan group to ment to invest a minimum of $100 mil- percent of those eligible for COBRA in- enact the foster care legislation that lion in adoption promotion and the surance actually took advantage of the meant so much to him. It is one impor- adoption support. insurance. Without a premium subsidy tant piece of Senator John Chafee’s re- Victimization rates are slowly de- such as the one offered in this bill, markable legacy of leadership for chil- clining. In 1993, the children victimiza- COBRA insurance is cost-prohibitive. dren and families. tion rate was 15.3 per 1,000 children. In The goal of this legislation is to de- Senator DEWINE and I added a small, 1999, the child victimization rate was crease the number of uninsured indi- but important provision to help adop- 11.8 per 1,000 children. The 1999 rate is viduals by providing an incentive to tion agencies, like Catholic Charities the lowest rate since we started col- use COBRA insurance. This legislation and others, finding permanent homes lecting this data in 1990. will hopefully increase the number of for children with special needs. On Jan- In some States within a year or two, COBRA users to at least six million. uary 23, 2001, the U.S. Department of there will be more children receiving While I am deeply saddened by the Health and Human Services issued a adoption assistance and subsidized events that led to the introduction of new policy announcement which guardianship payments than in the fos- this bill, I am heartened that we are changed current practice for children ter care system, and that is a major able to provide a way for individuals to with special needs. We need a legisla- shift and historic progress towards the retain their health insurance. tive clarification to ensure that chil- fundamental goal of permanency for I commend Senator JEFFORDS for his dren with special needs who are volun- vulnerable children. leadership on this issue, and am hope- tarily relinquished to private, non- ful that it will get signed into law in profit adoption agencies can still re- These are encouraging trends, but the near future to assist our nation’s ceive the adoption assistance they need there are still 581,000l children in foster displaced workers. and deserve. care and about one million substan- In the Senate, there is a long, strong tiated cases of abuse or neglect each By Mr. ROCKFELLER (for him- tradition of bipartisanship on child year. We are making progress, but we self, Mr. DEWINE, Mr. LEVIN, welfare issues. Over recent years we should and must do more for the most Mr. CRAIG, and Mr. GRAHAM): have made real progress. In 1993, work- vulnerable children in our country. S. 1503. A bill to extend and amend ing with Senator BOND and others we Since September 11, 2001, our world the Promoting Safe and Stable Fami- created a new program to invest in pre- has changed. We face new challenges lies Program under subpart 2 of part B vention and treatment. In 1997, another for recovery, national security and of title IV of the Social Security Act, bipartisan group worked long and hard combating terrorism. We must focus on to provide the Secretary of Health and on the Adoption and Safe Families Act. this immediate threat, but we also Human Services with new authority to This act significantly revised child must remember those vulnerable chil- support programs mentoring children welfare policy. It said for the first time dren who are at risk of abuse and ne- of incarcerated parents to amend the in Federal law that a child’s safety and glect in their own homes. The Senate Foster Care Independent Living Pro- health are paramount, and every child has a long tradition of working hard, gram under part E of title IV of the So- deserve a safe, permanent home. In this and doing the right thing, usually as cial Security Act to provide for edu- act, thanks to the leadership of Sen- one of the last orders of business to cational and training vouchers for ator DEWINE we clarified ‘‘reasonable help such children. I urge my col- youths aging out of foster care, and for efforts’’ to focus more concern and at- leagues to join me in supporting Presi- other purposes; to the Committee on tention on the needs of the child. dent Bush’s initiative. Delivering on Finance. The Promoting Safe and Stable Fam- this promise truly will help ensure that Mr. ROCKEFELLER. Mr. President, I ilies Act was part of that historic no children is left behind as the Presi- am proud to join with Senators DEWINE agreement, and it must be reauthorized dent eloquently insisted in his cam- LANDRIEU, SNOWE, BREAUX, BOND, and this year or we will lose the funding paign and in his State of the Union ad- LEVIN to introduce bipartisan legisla- that exists in the budget baseline, and, dress. tion which includes President Bush’s more importantly, children and fami- Remembering our commitment to initiative to reauthorize and increase lies will lose needed services and sup- vulnerable children is one clear way to funding for the Promoting Safe and port. The Safe and Stable Families emphasize how our country is unique Stable Families Program. The Presi- Program provides a range of services and strong. In the midst of challenge dent’s initiative increases funding to including promoting adoptions and and terror, we should remember our help abused and neglected children by post-adoption support, family support youngest victims, too. Mr. President, I $200 million. He knows this group of to avoid placements and neglect, fam- ask unanimous consent that the text of vulnerable children deserves our atten- ily preservation, and time-limited re- the bill be printed in the RECORD. tion, even in this most challenging of unification for children who return There being no objection, the bill was times in American history. These chil- home from foster care. Each is a nec- ordered to be printed in the RECORD, as dren face their own form of terror in essary piece. This program is one of the follows: their own homes, at the hands of their major funding resources for adoption. own parents. It is a horrible cir- Almost daily and far too often we S. 1503 cumstance that we know something read tragic stories about abuse and ne- Be it enacted by the Senate and House of Rep- about how to address—and address it glect in our newspapers. Such reports resentatives of the United States of America in we must. are disturbing and disheartening. But Congress assembled, Our legislation also includes the the untold story is the progress that is SECTION 1. SHORT TITLE; REFERENCES IN ACT; President’s initiative to start a new being made thanks to new policy and TABLE OF CONTENTS. program to provide mentoring services new investments which is why I believe (a) SHORT TITLE.—This Act may be cited as to the more than 2 million children so strongly that we must continue the ‘‘Promoting Safe and Stable Families whose parents are in prison. These chil- those investments and progress by en- Amendments Act of 2001’’. dren are at high-risk and they too, de- acting the President’s initiative. (b) REFERENCES IN ACT.—Except as other- serve our support. In 1996, 28,000 children were adopted wise specifically provided, whenever in this This bill includes the President’s ini- Act an amendment is expressed in terms of from the foster care system. In 2000, an amendment to or repeal of a section or tiative to provide $5,000 in education nearly 50,000 were adopted from foster other provision, the reference shall be con- vouchers to teens who age out of foster care. sidered to be made to that section or other care so they have incentives to con- I am proud to report that my State of provision of the Social Security Act. tinue their education. This final pro- West Virginia is one of many States (c) TABLE OF CONTENTS.—The table of con- gram suggested by President Bush that is increasing the number of adop- tents of this Act is as follows:

VerDate 26-SEP-2001 04:13 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.035 pfrm01 PsN: S04PT1 S10298 CONGRESSIONAL RECORD — SENATE October 4, 2001

Sec. 1. Short title; references in act; table of ‘‘(1) To prevent child maltreatment among ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- contents. families at risk through the provision of sup- retary shall provide technical assistance TITLE I—PROMOTING SAFE AND STABLE portive family services. that helps States to— FAMILIES ‘‘(2) To assure children’s safety within the ‘‘(1) identify families with specific risk home and preserve intact families in which characteristics for intervention; Subtitle A—Grants to States for Promoting children have been maltreated, when the ‘‘(2) develop treatment models that address Safe and Stable Families family’s problems can be addressed effec- the needs of families at risk, particularly Sec. 101. Findings and purpose. tively. families with substance abuse issues; Sec. 102. Definition of family support serv- ‘‘(3) To address the problems of families ‘‘(3) implement programs with well articu- ices. whose children have been placed in foster lated theories of how the intervention will Sec. 103. Reallotments. care so that reunification may occur in a result in desired changes among families at Sec. 104. Payments to States. safe and stable manner in accordance with risk; Sec. 105. Evaluations. the requirements of the Adoption and Safe ‘‘(4) establish mechanisms to ensure that Sec. 106. Authorization of appropriations; Families Act of 1997. service provision matches the treatment reservation of certain amounts. ‘‘(4) To support adoptive families by pro- model; and Sec. 107. State court improvements. viding support services as necessary so that ‘‘(5) establish mechanisms to ensure that Subtitle B—Mentoring Children of the families can make a lifetime commit- post-adoption services meet the needs of the Incarcerated Parents ment to their children.’’. individual families and develop models to re- Sec. 121. Grants for programs for mentoring SEC. 102. DEFINITION OF FAMILY SUPPORT SERV- duce the disruption rates of adoption.’’. children of incarcerated par- ICES. SEC. 106. AUTHORIZATION OF APPROPRIATIONS; ents. Section 431(a)(2) (42 U.S.C. 629a(a)(2)) is RESERVATION OF CERTAIN amended by inserting ‘‘to strengthen paren- AMOUNTS. TITLE II—FOSTER CARE, ADOPTION tal relationships and promote healthy mar- ASSISTANCE, AND INDEPENDENT LIVING (a) IN GENERAL.—Subpart 2 of part B of riages,’’ after ‘‘environment,’’. title IV (42 U.S.C. 629 et seq.) is amended by Sec. 201. Elimination of opt-out provision SEC. 103. REALLOTMENTS. adding at the end the following new section: for State requirement to con- Section 433 (42 U.S.C. 629c) is amended by duct criminal background ‘‘SEC. 436. AUTHORIZATION OF APPROPRIATIONS; adding at the end the following new sub- RESERVATION OF CERTAIN check on prospective foster or section: AMOUNTS. adoptive parents. ‘‘(d) REALLOTMENTS.—The amount of any ‘‘(a) AUTHORIZATION.—There are authorized Sec. 202. Eligibility for adoption assistance allotment to a State under this section for to be appropriated to carry out the provi- payment of special needs chil- any fiscal year that the State certifies to the sions of this subpart (other than section 438) dren voluntarily relinquished Secretary will not be required for carrying $505,000,000 for each of fiscal years 2002 to private nonprofit agencies. out the State plan under section 432 shall be through 2006. Sec. 203. Educational and training vouchers available for reallotment for such fiscal year ‘‘(b) RESERVATION OF CERTAIN AMOUNTS.— for youths aging out of foster using the allotment methodology specified From the amount specified for each fiscal care. in this section. Any amount so reallotted to year under subsection (a), the Secretary TITLE III—EFFECTIVE DATES a State shall be deemed part of that State’s shall reserve amounts for use as follows: allotment under this section for that fiscal ‘‘(1) EVALUATION, RESEARCH, TRAINING, AND Sec. 301. Effective dates. year.’’. TECHNICAL ASSISTANCE.—The Secretary shall TITLE I—PROMOTING SAFE AND STABLE SEC. 104. PAYMENTS TO STATES. FAMILIES reserve $15,000,000 for fiscal year 2002, and (a) IN GENERAL.—Section 434(a) (42 U.S.C. $20,000,000 for each of fiscal years 2003 Subtitle A—Grants to States for Promoting 629d(a)) is amended— through 2006, for expenditure by the Sec- Safe and Stable Families (1) by striking paragraph (2); retary— SEC. 101. FINDINGS AND PURPOSE. (2) by striking all that precedes subpara- ‘‘(A) for research, training, and technical Section 430 (42 U.S.C. 629) is amended to graph (A) and inserting the following: assistance costs related to the program ‘‘(a) ENTITLEMENT.—Each State that has a read as follows: under this subpart (other than section 438), plan approved under section 432 shall be enti- including expenditures for research of not ‘‘SEC. 430. FINDINGS AND PURPOSE. tled to payment of the lesser of—’’; and less than $9,000,000 for fiscal year 2002, and ‘‘(a) FINDINGS.—Congress finds that there (3) by redesignating subparagraphs (A) and not less than $14,000,000 for each of fiscal is a continuing urgent need to protect chil- (B) as paragraphs (1) and (2), respectively, years 2003 through 2006; and dren and to strengthen families as dem- and by adjusting the left margins accord- ‘‘(B) for evaluation of State programs onstrated by the following: ingly. ‘‘(1) Family support programs directed at (b) CONFORMING AMENDMENTS.—Section based on the plans approved under section specific vulnerable populations have had 434(b) (42 U.S.C. 629d(b)) is amended— 432 and funded under this subpart, and any positive effects on parents and children. The (1) in paragraph (1)— other Federal, State, or local program, re- vulnerable populations for which programs (A) by striking ‘‘paragraph (1) or (2)(B) of’’; gardless of whether federally assisted, that is have been shown to be effective include teen- and designed to achieve the same purposes as age mothers with very young children and (B) by striking ‘‘described in this subpart’’ such State programs. families that have children with special and inserting ‘‘under the State plan under ‘‘(2) STATE COURT IMPROVEMENTS.—The Sec- needs. section 432’’; and retary shall reserve $20,000,000 for grants ‘‘(2) Family preservation programs have (2) in paragraph (2), by striking ‘‘sub- under section 437. been shown to provide extensive and inten- section (a)(1)’’ and inserting ‘‘subsection ‘‘(3) INDIAN TRIBES.—The Secretary shall sive services to families in crisis. (a)’’. reserve 2 percent for allotment to Indian tribes in accordance with section 433(a).’’. ‘‘(3) The time lines established by the SEC. 105. EVALUATIONS. Adoption and Safe Families Act of 1997 have Section 435 (42 U.S.C. 629e) is amended— (b) CONFORMING AMENDMENTS.—Section 433 is amended— made the prompt availability of services to (1) in the heading, by inserting ‘‘; research; (1) in subsection (a), by striking ‘‘section address family problems (and in particular technical assistance’’ before the period; and the prompt availability of appropriate serv- (2) by adding at the end the following new 430(d)(3)’’ and inserting ‘‘section 436(b)(3)’’; ices and treatment addressing substance subsections: (2) in subsection (b)— abuse) an important factor in successful ‘‘(c) RESEARCH.—The Secretary shall give (A) by striking ‘‘section 430(b)’’ and insert- family reunification. priority consideration to the following top- ing ‘‘section 436(a)’’; and ‘‘(4) The rapid increases in the annual ics for research and evaluation under this (B) by striking ‘‘section 430(d)’’ and insert- number of adoptions since the enactment of subsection, using rigorous evaluation meth- ing ‘‘section 436(b)’’; and the Adoption and Safe Families Act of 1997 odologies where feasible: (3) in subsection (c)— have created a growing need for post-adop- ‘‘(1) Promising program models in the serv- (A) by striking ‘‘section 430(b)’’ and insert- tion services and for service providers with ice categories specified in section 430(b), paring ‘‘section 436(a)’’; and the particular knowledge and skills required ticularly time-limited reunification services (B) by striking ‘‘section 430(d)’’ and insert- to address the unique issues adoptive fami- and post-adoption services. ing ‘‘section 436(b)’’. lies and children may face. ‘‘(2) Multidisciplinary service models de- SEC. 107. STATE COURT IMPROVEMENTS. ‘‘(b) PURPOSE.—The purpose of this pro- signed to address parental substance abuse (a) RELOCATION AND REDESIGNATION.— gram is to enable States to develop and es- and to reduce the impact of such abuse on (1) IN GENERAL.—Section 13712 of the Omni- tablish, or expand, and to operate coordi- children. bus Budget Reconciliation Act of 1993 (42 nated programs of community-based family ‘‘(3) The efficacy of approaches directed at U.S.C. 670 note) is relocated and redesignated support services, family preservation serv- families with specific problems and with as section 437 of the Social Security Act. ices, time-limited family reunification serv- children of specific age ranges. (2) CONFORMING AMENDMENTS.—Section 437, ices, and adoption promotion and support ‘‘(4) The outcomes of adoptions finalized as relocated and redesignated under para- services to accomplish the following objec- after enactment of the Adoption and Safe graph (1), is amended— tives: Families Act of 1997. (A) in subsection (a)—

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.036 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10299 (i) in the matter preceding paragraph (1), ‘‘(E) Empirical research demonstrates that ‘‘(A) a list of local public and private orga- by striking ‘‘of title IV of the Social Secu- mentoring is a potent force for improving nizations and entities that will participate rity Act’’; and children’s behavior across all risk behaviors in the mentoring network; (ii) in paragraph (1)(A), by striking ‘‘of affecting health. Quality, one-on-one rela- ‘‘(B) the name, description, and qualifica- title IV of such Act’’; and tionships that provide young people with tions of the entity that will coordinate and (B) in subsection (c)(2), by striking ‘‘sec- caring role models for future success have oversee the activities of the mentoring net- tion 430(d)(2) of the Social Security Act’’ and profound, life-changing potential. Done work; inserting ‘‘section 436(b)(2)’’. right, mentoring markedly advances youths’ ‘‘(C) the number of mentor-child matches (b) SCOPE OF ACTIVITIES.— life prospects. A widely cited 1995 study by proposed to be established and maintained (1) Section 437(a)(2) (as so relocated and re- Public/Private Ventures measured the im- annually under the program; designated) is amended— pact of one Big Brothers Big Sisters program ‘‘(D) such information as the Secretary (A) by striking ‘‘changes’’ and inserting and found significant effects in the lives of may require concerning the methods to be ‘‘improvements’’; and youth—cutting first-time drug use by almost used to recruit, screen support, and oversee (B) by inserting before the period ‘‘in order half and first-time alcohol use by about a individuals participating as mentors (which to promote more timely court actions that third, reducing school absenteeism by half, methods shall include criminal background provide for the safety of children in foster cutting assaultive behavior by a third, im- checks on such individuals), and to evaluate care and expedite the placement of such chil- proving parental and peer relationships, giv- outcomes for participating children, includ- dren in appropriate permanent settings’’. ing youth greater confidence in their school ing information necessary to demonstrate (2) Section 437(c)(1) (as so relocated and re- work, and improving academic performance. compliance with requirements established by designated) is amended in the matter pre- ‘‘(2) PURPOSE.—The purpose of this section the Secretary for the program; and ceding subparagraph (A) by inserting ‘‘and is to authorize the Secretary to make com- ‘‘(E) such other information as the Sec- improvement’’ after ‘‘assessment’’. petitive grants to local governments in areas retary may require. (c) ALLOTMENTS.—Section 437(c)(1) (as so with substantial numbers of children of in- ‘‘(2) COMMUNITY CONSULTATION; COORDINA- relocated and redesignated) is amended by carcerated parents to support the establish- TION WITH OTHER PROGRAMS.—A demonstra- striking all that follows ‘‘shall be entitled to ment or expansion and operation of pro- tion that, in developing and implementing payment,’’ and inserting ‘‘for each of fiscal grams using a network of public and private years 2002 through 2006, from amounts re- the program, the local government will, to community entities to provide mentoring the extent feasible and appropriate— served pursuant to section 436(b)(2), of an services for children of incarcerated parents. amount equal to the sum of $85,000 plus the ‘‘(A) consult with public and private com- amount described in paragraph (2) for such ‘‘(b) DEFINITIONS.—In this section: munity entities, including religious organi- fiscal year.’’. ‘‘(1) CHILDREN OF INCARCERATED PARENTS.— zations, and including, as appropriate, Indian (d) FEDERAL SHARE.—Section 437(d) (as so The term ‘children of incarcerated parents’ tribal organizations and urban Indian orga- relocated and redesignated) is amended— means a child, 1 or both of whose parents are nizations, and with family members of po- (1) by striking the heading and inserting incarcerated in a Federal or State correc- tential clients; ‘‘FEDERAL SHARE.—’’; and tional facility. Such term shall be deemed to ‘‘(B) coordinate the programs and activi- (2) by striking ‘‘to pay—’’ and all that fol- include any child who is in an ongoing men- ties under the program with other Federal, lows and inserting ‘‘to pay not more than 75 toring relationship in a program under this State, and local programs serving children percent of the cost of activities under this section at the time of the release of the and youth; and section in each of fiscal years 2002 through child’s parent or parents from a correctional ‘‘(C) consult with appropriate Federal, 2006.’’. facility, for purposes of continued participa- State, and local corrections, workforce de- Subtitle B—Mentoring Children of tion in the program. velopment, and substance abuse and mental Incarcerated Parents ‘‘(2) MENTORING.—The term ‘mentoring’ health agencies. ‘‘(3) EQUAL ACCESS FOR LOCAL SERVICE PRO- SEC. 121. GRANTS FOR PROGRAMS FOR MEN- means a structured, managed program in VIDERS.—An assurance that public and pri- TORING CHILDREN OF INCARCER- which children are appropriately matched ATED PARENTS. with screened and trained adult volunteers vate entities and community organizations, Subpart 2 of part B of title IV (42 U.S.C. 629 for one-on-one relationships, involving meet- including religious organizations and Indian et seq.), as amended by sections 106 and 107, ings and activities on a regular basis, in- organizations, will be eligible to participate is amended by adding at the end the fol- tended to meet, in part, the child’s need for in the program on an equal basis. lowing new section: involvement with a caring and supportive ‘‘(4) SUPPLEMENTATION ASSURANCE.—An as- ‘‘SEC. 438. GRANTS FOR PROGRAMS FOR MEN- adult who provides a positive role model. surance that Federal funds provided to the TORING CHILDREN OF INCARCER- ‘‘(3) MENTORING SERVICES.—The term ‘men- local government under this section will not ATED PARENTS. toring services’ means those services and ac- be used to supplant Federal or non-Federal ‘‘(a) FINDINGS AND PURPOSE.— tivities that support a structured, managed funds for existing services and activities that ‘‘(1) FINDINGS.—Congress makes the fol- program of mentoring, including the man- promote the purpose of this section. lowing findings: agement by trained personnel of outreach to, ‘‘(5) BIENNIAL PROGRAM REPORT.—An agree- ‘‘(A) In the period between 1991 and 1999, and screening of, eligible children; outreach ment that the local government will submit the number of children with a parent incar- to, education and training of, and liaison to the Secretary, after the second year of cerated in a Federal or State correctional fa- with sponsoring local organizations; screen- funding of a program under this section and cility increased by more than 100 percent, ing and training of adult volunteers; match- every second year thereafter, a report con- from approximately 900,000 to approximately ing of children with suitable adult volunteer taining the following: 2,000,000. In 1999, 2.1 percent of all children in mentors; support and oversight of the men- ‘‘(A) A description of the grant require- the United States had a parent in a Federal toring relationship; and establishment of ments used by the local government to or State correctional facility. goals and evaluation of outcomes for award grant funds. ‘‘(B) Prior to incarceration, 64 percent of mentored children. ‘‘(B) The measurable goals and outcomes female prisoners and 44 percent of male pris- expected by the programs receiving assist- ‘‘(c) PROGRAM AUTHORIZED.—From the oners in State facilities lived with their chil- ance under the local government program amount appropriated under subsection (g) for dren. (and in later reports, the extent to which ‘‘(C) Nearly 90 percent of the children of in- a fiscal year that remains after the applica- such goals and outcomes were achieved). carcerated fathers live with their mothers, tion of subsection (g)(2), the Secretary shall ‘‘(C) A description of the services provided and 79 percent of the children of incarcerated make grants under this section for each of by programs receiving assistance under the mothers live with a grandparent or other rel- fiscal years 2002 through 2006 to local govern- local government program. ative. Only 10 percent of incarcerated moth- ments in areas that have significant num- ‘‘(D) The number of children and families ers and 2 percent of incarcerated fathers in bers of children of incarcerated parents and served. State facilities report that their child or that submit applications meeting the re- ‘‘(E) Such other such information as the children are in foster care. quirements of this section, including— Secretary may require. ‘‘(1) two-thirds of such amount in grants in ‘‘(D) Parental arrest and confinement lead ‘‘(6) RECORDS, REPORTS, AND AUDITS.—An to stress, trauma, stigmatization, and sepa- amounts of up to $5,000,000 each; and agreement that the local government will ration problems for children. These problems ‘‘(2) one-third of such amount in grants in maintain such records, make such reports, are coupled with existing problems that in- amounts of up to $10,000,000 each. and cooperate with such reviews or audits as clude poverty, violence, parental substance ‘‘(d) APPLICATION REQUIREMENTS.—In order the Secretary may find necessary for pur- abuse, high-crime environments, to be eligible for a grant under this section, poses of oversight of project activities and intrafamilial abuse, child abuse and neglect, the mayor or other chief executive officer of expenditures. multiple care givers, or prior separations. As a city, council of governments, or other unit ‘‘(7) EVALUATION.—An agreement that the a result, children of an incarcerated parent of local government shall submit to the Sec- local government will cooperate fully with often exhibit a broad variety of behavioral, retary an application containing the fol- the Secretary’s ongoing and final evaluation emotional, health, and educational problems lowing: of the program under the plan, by means in- that are often compounded by the pain of ‘‘(1) PROGRAM DESIGN.—A description of the cluding providing the Secretary with access separation. proposed local program, including— to the program and program-related records

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.036 pfrm01 PsN: S04PT1 S10300 CONGRESSIONAL RECORD — SENATE October 4, 2001 and documents, staff, and grantees receiving SEC. 202. ELIGIBILITY FOR ADOPTION ASSIST- cational and training voucher program under funding under the plan. ANCE PAYMENT OF SPECIAL NEEDS this section is in compliance with the condi- CHILDREN VOLUNTARILY RELIN- ‘‘(8) EXTENT OF LOCAL-STATE COOPERA- tions specified in subsection (i), including a QUISHED TO PRIVATE NONPROFIT TION.—A statement as to whether, and the AGENCIES. statement describing methods the State will extent to which, the State government has Section 473(a)(2) (42 U.S.C. 673(a)(2)) is use— undertaken to provide support to and to co- amended— ‘‘(i) to ensure that the total amount of operate with the local program. (1) in subparagraph (A)(i), by striking ‘‘ei- educational assistance to a youth under this section and under other Federal and feder- ‘‘(e) FEDERAL SHARE.— ther pursuant’’ and all that follows through ally supported programs does not exceed the ‘‘(1) IN GENERAL.—A grant for a program ‘‘July 16, 1996))’’ and inserting ‘‘pursuant to a voluntary relinquishment to, or a vol- limitation specified in subsection (i)(5)(B); under this section shall be available to pay a and percentage share of the costs of the program untary placement agreement with, a public or nonprofit private agency,’’; and ‘‘(ii) to avoid duplication of benefits under up to— this and any other Federal or federally sup- ‘‘(A) 80 percent for the first fiscal year for (2) in subparagraph (B)(i), by striking ‘‘agreement was entered into’’ and inserting ported benefit program in accordance with which the grant is awarded; ‘‘relinquishment occurred, agreement was subsection (i)(5)(C).’’. ‘‘(B) 60 percent for the second such fiscal entered into,’’. (d) INCREASED AUTHORIZATIONS OF APPRO- year; SEC. 203. EDUCATIONAL AND TRAINING VOUCH- PRIATIONS.—Section 477(h) (42 U.S.C. 677(h)) ‘‘(C) 40 percent for the third such fiscal ERS FOR YOUTHS AGING OUT OF is amended by striking ‘‘there are author- year; and FOSTER CARE. ized’’ and all that follows and inserting the ‘‘(D) 20 percent for each succeeding fiscal (a) PURPOSE.—Section 477(a) (42 U.S.C. following: ‘‘there are authorized to be appro- year. 677(a)) is amended— priated to the Secretary for each fiscal ‘‘(2) NON-FEDERAL SHARE.—The non-Federal (1) by striking ‘‘and’’ at the end of para- year— share of the cost of projects under this sec- graph (4); ‘‘(1) $140,000,000, which shall be available tion may be in cash or in kind. In deter- (2) by striking the period at the end of for all purposes under this section; and mining the amount of the non-Federal share, paragraph (5) and inserting ‘‘; and’’; and ‘‘(2) an additional $60,000,000, which shall the Secretary may attribute fair market (3) by adding at the end the following new be available for payments to States for edu- value to goods, services, and facilities con- paragraph: cation and training vouchers for youths who tributed from non-Federal sources. ‘‘(6) to make available vouchers for edu- age out of foster care, to assist such youths cation and training, including postsecondary ‘‘(f) CONSIDERATIONS IN AWARDING to develop skills necessary to lead inde- training and education, to youths who have pendent and productive lives.’’. GRANTS.—In awarding grants under this sec- aged out of foster care.’’. (e) ALLOTMENTS TO STATES.—Section 477(c) tion, the Secretary shall take into consider- (b) EDUCATIONAL AND TRAINING VOUCH- (42 U.S.C. 677(c)) is amended— ation— ERS.—Section 477 (42 U.S.C. 677) is amended (1) in paragraph (1)— ‘‘(1) the experience, qualifications, and ca- by adding at the end the following new sub- (A) by striking ‘‘(1) IN GENERAL.—From the section: pacity of local governments and networks of amount specified in subsection (h)’’ and in- organizations to effectively carry out a men- ‘‘(i) EDUCATIONAL AND TRAINING VOUCH- ERS.—The following conditions shall apply to serting ‘‘(1) GENERAL PROGRAM ALLOTMENT.— toring program under this section; From the amount specified in subsection ‘‘(2) the comparative severity of need for a State educational and training voucher program under this section: (h)(1)’’; and mentoring services in given local areas, tak- (B) by striking ‘‘which bears the same ing into consideration data on the numbers ‘‘(1) Vouchers under the program shall be available to youths otherwise eligible for ratio and all that follows through the pe- of children (and in particular of low-income riod’’ and inserting ‘‘which bears the ratio children) with an incarcerated parent (or services under the State program under this section. equal to the State foster care ratio, as ad- parents) in such areas; ‘‘(2) For purposes of the voucher program, justed in accordance with paragraph (2).’’; ‘‘(3) whether, and the extent to which, the youths adopted from foster care after attain- and State government has undertaken to support ing age 16 shall be considered to be youths (2) by adding at the end the following new and cooperate with the local mentoring pro- otherwise eligible for services under the paragraphs: gram; State program under this section. ‘‘(3) VOUCHER PROGRAM ALLOTMENT.—From ‘‘(4) evidence of consultation with existing ‘‘(3) A youth participating in the voucher the amount specified in subsection (h)(2) for youth and family service programs, as appro- program on the date the youth attains age 21 a fiscal year, the Secretary shall allot to priate; and shall remain eligible until the youth attains each State with an application approved ‘‘(5) any other factors the Secretary may age 23, as long as the youth is enrolled in a under subsection (b) for the fiscal year the deem significant with respect to the need for full-time postsecondary education or train- amount that bears the ratio to such amount or the potential success of carrying out a ing program and is making satisfactory equal to the State foster care ratio. mentoring program under this section. progress toward completion of that program. ‘‘(4) STATE FOSTER CARE RATIO.—In this ‘‘(g) AUTHORIZATION OF APPROPRIATIONS; ‘‘(4) The voucher or vouchers provided for subsection, the term ‘State foster care ratio’ RESERVATION OF CERTAIN AMOUNTS.— an individual under this section— means the ratio of the number of children in ‘‘(1) AUTHORIZATION.—There are authorized ‘‘(A) shall be available for the cost of at- foster care in the State in the most recent to be appropriated to carry out this section— tendance at an institution of higher edu- fiscal year for which such information is ‘‘(A) $67,000,000 for fiscal year 2002; and cation, as defined in section 102 of the Higher available to the total number of children in ‘‘(B) such sums as may be necessary for Education Act of 1965; and foster care in all States for such most recent each of fiscal years 2003 through 2006. ‘‘(B) shall not exceed the lesser of $5,000 per fiscal year.’’. ‘‘(2) RESERVATION.—The Secretary shall re- year or the total cost of attendance, as de- (f) PAYMENTS TO STATES.—Section 474(a)(4) serve 2.5 percent of the amount appropriated fined in section 472 of that Act. (42 U.S.C. 674(a)(4)) is amended to read as fol- for each fiscal year under paragraph (1) for ‘‘(5)(A) Subject to subparagraphs (B) and lows: expenditure by the Secretary for research, (C), the amount of a voucher under this sec- ‘‘(4) an amount equal to— technical assistance, and evaluation related tion shall be disregarded for purposes of de- ‘‘(A) with respect to amounts for expendi- to programs carried out under this section.’’. termining the recipient’s eligibility for, or tures in accordance with the State applica- the amount of, any other Federal or feder- tion approved under section 477(b) (including TITLE II—FOSTER CARE, ADOPTION ally supported assistance. any amounts expended in accordance with an ASSISTANCE, AND INDEPENDENT LIVING ‘‘(B) The total amount of educational as- amendment that meets the requirements of sistance to a youth under this section and section 477(b)(5)), the sum of— SEC. 201. ELIMINATION OF OPT-OUT PROVISION under other Federal and federally supported ‘‘(i) the lesser of— FOR STATE REQUIREMENT TO CON- programs shall not exceed the total cost of ‘‘(I) 80 percent of the amounts expended by DUCT CRIMINAL BACKGROUND the State during the quarter to carry out CHECK ON PROSPECTIVE FOSTER attendance, as defined in section 472 of the OR ADOPTIVE PARENTS. Higher Education Act of 1965. programs for the purposes described in sub- ‘‘(C) The State agency shall take appro- section (h)(1); or Section 471(a)(20) (42 U.S.C. 671(a)(20) is priate steps to prevent duplication of bene- ‘‘(II) the amount allotted to the State amended— fits under this and other Federal or federally under section 477(c)(1) for the fiscal year in (1) in subparagraph (A), by striking ‘‘and’’ supported programs. which the quarter occurs, reduced by the at the end; ‘‘(6) The program shall be coordinated with total of the amounts payable to the State (2) by striking ‘‘(A) unless an election pro- other appropriate education and training under this paragraph for such purposes for vided for in subparagraph (B) is made with programs.’’. all prior quarters in the fiscal year; and respect to the State,’’; (c) CERTIFICATION.—Section 477(b)(3) (42 ‘‘(ii) the lesser of— (3) by striking subparagraph (B); U.S.C. 677(b)(3)) is amended by adding at the ‘‘(I) 80 percent of the amounts expended by (4) by striking ‘‘(i)’’ and inserting ‘‘(A)’’; end the following new subparagraph: the State during the quarter to carry out and ‘‘(J) A certification by the chief executive programs for the purposes described in sub- (5) by striking ‘‘(ii)’’ and inserting ‘‘(B)’’. officer of the State that the State edu- section (h)(2); or

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.036 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10301 ‘‘(II) the amount allotted to the State Though it is going to take time to in appropriate permanent settings. under section 477(c)(3) for the fiscal year in eradicate the terrorist enemy, I am This money helps ensure that state which the quarter occurs, reduced by the confident that our efforts will bring courts have the resources necessary to total of the amounts payable to the State about peace and security both here at stay in compliance with the Adoption under this paragraph for such purposes for all prior quarters in the fiscal year; home and across that globe. Ulti- and Safe Families Act. In my own mately, our efforts to protect the Na- home State of Ohio, this money has reduced by ‘‘(B) the total amount of any penalties as- tion is about the future of our children been used to develop and implement an sessed against the State under section 477(e) and grandchildren. And so, we must do attorney certification program in fam- for such fiscal year.’’. all we can to protect them and give ily law. Additionally, the CIP money TITLE III—EFFECTIVE DATES them a world that is safe and secure. has been used to implement the Court SEC. 301. EFFECTIVE DATES. In creating that kind of a world, we Appointed Special Advocate, CASA, (a) IN GENERAL.—Subject to subsections have to realize that there are thou- program throughout Ohio and to imple- (b), (c), and (d), the amendments made by sands of children in this Nation right ment five pilot programs that uniquely this Act take effect October 1, 2001. now who don’t live in safe and secure address family law issues. (b) ELIMINATION OF OPT-OUT PROVISION FOR environments, children who have only Also, Senator ROCKEFELLER and I CRIMINAL BACKGROUND CHECKS.—Subject to one parent or no parents at all, as have added a technical correction to subsection (d), the amendments made by sec- sadly is now the case for many of the the bill that would clarify how Adop- tion 201 take effect on the date of enactment children who lost parents in the ter- tion Assistance Payments are distrib- of this Act. (c) ELIGIBILITY FOR ADOPTION ASSISTANCE rorist attacks. uted. Prior to January 23, 2001, title IV- PAYMENT OF SPECIAL NEEDS CHILDREN VOL- Far too many children in our country E Adoption Assistance Payments were UNTARILY RELINQUISHED TO PRIVATE NON- are at risk, not because of the terrorist available to parents adopting children PROFIT AGENCIES.—Subject to subsection (d), threat, but because they are neglected who met three special needs criteria, the amendments made by section 202 shall be or abused by parents or because they regardless of whether a child was effective with respect to children voluntarily are trapped in the legal limbo that is placed by a private agency or the State relinquished to, or the subject of a voluntary our child welfare system. Because of foster care system. Unfortunately, placement agreement with, a public or non- this, we have an obligation to these profit private agency on or after the date some private agencies were using only that is 90 days after the date of enactment of children. We have an obligation to pro- one of the three special needs criteria this Act. tect these innocent lives. to access payments for these adoptive (d) DELAY PERMITTED IF STATE LEGISLA- With the bill we are introducing families. TION REQUIRED.—In the case of a State plan today, we are taking a big step toward The January 23rd Adoption Assist- under subpart 2 of part B or part E of the So- meeting that obligation. By reauthor- ance decision draws a distinction be- cial Security Act (42 U.S.C. 629 et seq.; 670 et izing and improving the Safe and Sta- tween private and State foster care seq.) that the Secretary of Health and ble Families program, we can help systems to prevent the misuse of funds. Human Services determines requires State strengthen families and ensure the legislation (other than legislation appro- However, the decision has had the un- priating funds) in order for the plan to meet safety of vulnerable children. The fund- intended consequence of adversely af- the additional requirements imposed by the ing provided to the States through this fecting agencies like Catholic Charities amendments made by this Act, the State legislation is used for four categories and their ability to provide adoptive plan shall not be regarded as failing to com- of services: family preservation, com- families with payments. Our correction ply with the requirements of such subpart or munity-based family support, time- focuses on the children, not the place- part solely on the basis of the failure of the limited family reunification, and adop- ment agency, by making special needs plan to meet such additional requirements tion promotion and support. These children adopted through voluntary re- before the first day of the first calendar services are designed to prevent child quarter beginning after the close of the first linquishment eligible for adoption as- regular session of the State legislature that abuse and neglect in communities at sistance payments. begins after the date of enactment of this risk, avoid the removal of children I am particularly pleased with some Act. For purposes of the previous sentence, from their homes, and support timely of the President’s new initiatives au- in the case of a State that has a 2-year legis- reunification or adoption. thorized in our bill. For example, the lative session, each year of such session shall Our bill reauthorizes the only pro- President has proposed that the De- be deemed to be a separate regular session of gram that provides funding for post- partment of Health and Human Serv- the State legislature. adoption services. With a 30-percent in- ices be authorized to provide competi- Mr. DEWINE. Mr. President, I rise crease in the number of adoptions since tive grants to support mentoring pro- today with my friend and colleague, the implementation of the Adoption grams for children of incarcerated par- Senator ROCKEFELLER, to introduce the and Safe Families Act, funding for ents. With more than 2 million children ‘‘Promoting Safe and Stable Families’’ adoption promotion and support serv- with incarcerated parents, this pro- bill. This legislation reauthorizes four ices is especially vital. These services gram would provide valuable outreach programs designed to help child wel- are necessary to ensure that adoptions to this vulnerable group of children. fare agencies establish and maintain are not disrupted, which risks further I would like to conclude my remarks permanency by providing grants to traumatizing a child. by drawing my colleagues’ attention to States and Indian tribes. The bill also Our bill also amends the Foster Care a recent Washington Post series on the includes programs that the President Independent Living Program to extend dire state of the District of Columbia’s has proposed, which have my utmost the eligibility age from 21 to 23, so that child welfare system. This series out- support, as well as a technical correc- children aging out of foster care can lines multiple mistakes made by the tion that Senator ROCKEFELLER and I qualify for educational and training Government by placing children in un- have proposed to ensure that special vouchers. Currently, too many of the safe homes or institutions. Unfortu- needs children continue to be eligible 16,000 children youth who age out of nately, these same mistakes occur in for adoption assistance. foster care are not able to pursue edu- the child welfare system throughout It would be impossible for me to talk cational or vocational training because our country. Here in Washington, these about the challenges facing children they just don’t have the money. This mistakes resulted in over 180 deaths of and the agencies dedicated to pro- provision helps these young people get children in foster care since 1993, 40 of tecting them, without saying a few the education and career training they whom died as a direct result of govern- brief words about the recent terrorist need and deserve. ment workers’ failure to take key pre- bombings in New York and Wash- The bill doubles the funding for the ventative actions or because they ington. Following those tragic events, Court Improvement Program, CIP, and placed children in unsafe homes or in- we awoke to a whole new world, a reauthorizes it through 2006. The CIP stitutions. world forever changed by a faceless, program provides grants to the States The bill we are introducing today cowardly band of terrorists, a world to develop a system of more timely will help make sure that these kinds of filled with sorrow at the senseless, court actions that provides for the mistakes are never repeated. The Sen- needless injury and loss of countless safety of children in foster care and ex- ate has a tradition of helping our most members of our American family. pedites the placement of such children vulnerable children, and so I urge my

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.036 pfrm01 PsN: S04PT1 S10302 CONGRESSIONAL RECORD — SENATE October 4, 2001 colleagues to join us in supporting the enue that is essential to school sys- INSTITUTE FOR STATE STUDIES, Reauthorization of Promoting Safe and tems around the country. Most of this Salt Lake City, UT, Oct. 2, 2001. Stable Families. It is the right thing to is essential for State and local govern- NEW STUDY SHOWS SALES TAX REVENUE do. ments to keep their school systems op- LOSSES FROM E-COMMERCE 41 PERCENT erating and pay for their schools and HIGHER THAN PREVIOUS ESTIMATES By Mr. DORGAN (for himself and education programs. STATES, LOCALITIES PROJECTED TO LOSE $54.8 Mr. BREAUX): So State and local governments have BILLION A YEAR BY 2011 S. 1504. A bill to extend the morato- a very serious problem. What do they WASHINGTON.—New figures released here rium enacted by the Internet Tax Free- do about it? Internet sellers and cata- today show that state and local governments will lose $13.3 billion in revenue this year—41 dom Act through June 30, 2002; to the log sellers also have a problem. If one Committee on Commerce, Science, and percent higher than previously estimated— is set up in business to sell all across because taxes are not paid on remote online Transportation. the country, but they really have only purchases as they are on ‘‘Main Street’’ pur- Mr. DORGAN. Mr. President, I am one location and that is the area where chases. Projected annual revenue losses jump going to introduce legislation today on they are set up in business, they do not to $45.2 billion in 2006 and a staggering $54.8 behalf of myself, Senator BREAUX from want to have to subscribe to 5,000 or billion by 2011 as a result of skyrocketing Louisiana, and Senator HUTCHISON 7,000 different sales tax jurisdictions. business-to-business e-commerce activity. from Texas dealing with the extension That is far too complicated. The re- This continued loss of revenue highlights fairness issues for Main Street retailers, tax- of the moratorium on Internet tax- mote sellers have a right to say: We ation. Let me describe what that is and payers and state and local governments. It don’t want to have to subscribe and creates difficult choices for the 45 states and what it means. pay taxes and file forms in thousands the District of Columbia that rely on sales We already have in law a provision and thousands of different jurisdic- tax revenue; raise sales, income and/or prop- that provides a moratorium on the tax- tions. They are right about that. erty tax rates to compensate; cut services ation of the Internet as it is called, but What is to be done? It seems to me like education and public safety; or a com- it really provides a moratorium on a there is a requirement for State and bination of both. State government’s or a local govern- local governments to simplify their The study was prepared by the Center for Business and Research at the University of ment’s ability to provide a tax on the sales tax systems, and when they have access to the Internet. There is a mora- Tennessee, the pioneers in research on the dramatically simplified those systems subject. Data was collected by Forrester Re- torium. That moratorium expires on so that companies that are doing busi- search, Inc., the recognized leader in e-com- October 21. Except those few that are ness all across the country can easily merce research. The study was commissioned grandfathered, the moratorium bill not comply with the requirements—when by the Institute for State Studies, a non- only prohibits State and local govern- that happens, when State and local profit public policy group. The study quan- ments, from imposing a tax on access government do that—I believe those tifies the amount of sales tax revenue states to the Internet, it also prohibits puni- engaged in remote sales should collect and local governments stand to lose in 2001, 2006 and 2011 because remote Internet-based tive or discriminatory taxes with re- the tax and remit it to State and local spect to the Internet. retailers are not required to collect and governments. It will be easy for the remit sales tax. The U.S. Congress is cur- The Congress passed that legislation consumer to have that happen. The tax rently debating how to address this inequity. a couple of years ago. It was designed is already owed. It seems to me it will The report is available online at to expire October 21 of this year. In a be convenient enough for the seller to www.statestudies.org. few days, it will expire, and there are do it if the States have dramatically A broad coalition of retailers, shopping colleagues of mine who have offered in simplified their system. And it will fi- center owners, state and local government recent days extensions of the morato- nally provide the resources the States leaders and national associations has for some time maintained that current tax pol- rium. Some are talking 5 years; some and local governments have been are talking 2 years. I think both of icy as it applies to e-commerce isn’t fair. counting on to support their school They argue that the lack of a ‘‘level playing those are far too long. I propose we ex- systems. All of that ought to be done. field’’ in collecting sales taxes leads to sig- tend the moratorium until June 30 of As far as I am concerned, I don’t nificant fairness issues for consumers and next year. mind extending this moratorium for- businesses. It also creates huge revenue There is another issue that relates to ever—6 months, 2 years, 5 years. It losses for states and local governments, af- this, which is why I believe there needs doesn’t matter to me. We should not fecting their ability to provide citizens with to be an extension. We need to solve apply discriminatory taxes. We should quality education, effective public safety and the problem of tax collections with re- not apply punitive taxes to Internet other basic services. This research supports those assertions. spect to Internet transactions and all transactions. I don’t care much about For example, Texas will lose $1.2 billion to transactions of remote sales. When you the question of taxing access. As far as e-commerce sales tax erosion this year. In use a computer, or a catalog for that I’m concerned, we can prevent all State Florida, the number is $932.2 million. Illinois matter, to buy a product, when you re- and local governments from doing that. will lose out on $532.9 million, Michigan will ceive that product, in most cases you It does not matter much to me. Speak- lose $502.9, Tennessee will lose $362.3 million, are supposed to pay a sales or a con- ing for myself, we could make perma- Maryland, $194.4 million. In the smallest sumption tax to your local government nent the moratorium. But it should be states, the revenue erosion is large as well. Wyoming will lose $26.1 million; Rhode Is- or your State government. made permanent or should be made a In point of fact, most people never land, $36.8 million; North Dakota, $26.4 mil- long-term extension only when we lion; and the District of Columbia, $36.7 mil- pay that tax. So the State and local agree, all of us, that we have another lion. governments lose that revenue. The problem attendant to it: the problem of In a decade, the revenue losses grow tre- seller, a catalog company or an Inter- the collection and remission of taxes mendously, according to Donald Bruce, as- net company that is doing business in that support our school system. sistant professor at the University of Ten- most of the States, is not required to Let’s do both. We have some in the nessee and the study’s co-author. ‘‘By 2011, collect that sales tax so the seller does Chamber who say, let’s ignore the issue the potential revenue loss in Texas alone not collect it. The person who receives will be $4.8 billion—that’s almost 10 percent of school finance; say that doesn’t of the state’s total expected tax collections. it or orders it and then receives the exist. You cannot do that. You cannot To make up for this revenue, Texas’s current goods does not pay it, even though they cast a blind eye to that problem. It is statewide sales tax rate of 6.25 percent would are required to, and the State and local a problem that is serious and growing. have to rise to 7.86 percent.’’ governments lose a substantial amount Governor Leavitt from Utah sent me a Historically, states and localities have re- of money. note about it along with the study of sponded to this erosion in sales tax revenue A recent study from the Institute for the Institute for States Studies de- by raising tax rates, Bruce pointed out. In State Studies says this year the loss scribing this. 1970, the median sales tax rate in the U.S. will be $13.3 billion for State and local I ask unanimous consent that the re- was 3.25 percent. This rose to 4.0 percent in 1980 and 5.0 percent in 1990. Fifteen states governments, and by the year 2011 it is port be printed in the RECORD. now have rates at or above 6.0 percent. expected State and local governments There being no objection, the report ‘‘We determined that, to make up for rev- will lose $54.8 billion of expected rev- was ordered to be printed in the enue losses due to e-commerce, states and enue. Most of this, incidentally, is rev- RECORD, as follows: local governments would have to raise their

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.073 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10303 sales tax rates between 0.83 and 1.73 percent- in this country believe strongly we There being no objection, the bill was age points by 2011,’’ said William F. Fox, ought to do this, give the States the ordered to be printed in the RECORD, as study co-author and University of Tennessee ability to develop a compact to dra- follows: professor. ‘‘When other factors causing sales matically simplify their revenue sys- tax revenue to shrink are added in, the pro- S. 1504 jected tax increases are even higher.’’ tems. Then, with that compact, we Be it enacted by the Senate and House of Rep- In addition to erosion from remote sales, would allow or require the remote sell- resentatives of the United States of America in states and local governments are facing a ers to collect the taxes owed. Congress assembled, loss of sales tax revenue from two other I am introducing the legislation on SECTION 1. SHORT TITLE. major trends: 1) a greater consumption of behalf of myself, Senator BREAUX, and This Act may be cited as the ‘‘Internet Tax generally non-taxable services rather than Senator HUTCHISON, that would extend Moratorium Extension Act’’. taxable goods; and 2) a continual practice of until June 30 the moratorium that now SEC. 2. EXTENSION OF INTERNET TAX FREEDOM state-legislated exemptions that are nar- exists. Between now and June 30 I be- ACT MORATORIUM THROUGH JUNE rowing the tax base. 30, 2002. Steps are being taken to simplify the sales lieve Congress has a responsibility to solve this problem. I don’t want there (a) IN GENERAL.—Section 1101(a) of the tax system, such as streamlining the rules Internet Tax Freedom Act (47 U.S.C. 151 nt.) and regulations of the 7,500 taxing jurisdic- to be and will not support punitive or is amended by striking ‘‘3 years after the tions in the U.S. This Streamlined Sales Tax discriminatory taxes on the Internet. I date of enactment of this Act—’’ and insert- Project is sponsored by a consortium of gov- don’t believe we ought to be taxing ac- ing ‘‘on June 30, 2002:’’. ernment associations led by the National cess to the Internet, and it would not (b) CONFORMING AMENDMENTS.—Section Governors Association. So far, 32 states are matter to me if we shut it off even for 1101(a) of that Act (47 U.S.C. 151 nt.) is fur- participating in the effort to simplify tax ther amended— rates and definitions of taxable goods, and to the grandfathered States. The issue of (1) by striking ‘‘taxes’’ in paragraph (1) and certify software that will make it easier for extending the moratorium is not a retailers, both on Main Street and on the problem with me. inserting ‘‘Taxes’’; (2) by striking ‘‘1998; and’’ in paragraph (1) Internet, to collect sales taxes. Nineteen But we must not extend the morato- states have enacted simplification legisla- rium and ignore the other significant and inserting ‘‘1998.’’; and tion; another 10 have introduced legislation (3) by striking ‘‘multiple’’ in paragraph (2) problem that exists; and that is, the and inserting ‘‘Multiple’’. for consideration. erosion of billions and billions of dol- As part of the ongoing e-commerce sales SEC. 3. SENSE OF THE CONGRESS. tax debate, the Institute for State Studies lars that are expected to come in to It is the sense of the Congress that State will use this research data to educate state, our State and local government coffers governments and interested business organi- local and national officials about the mag- to support our schools. That erosion, to zations should expedite efforts to develop a nitude of the issue. The Institute for State the tune of what is expected to be $54 streamlined sales and use tax system that, Studies is a nonprofit center for public pol- billion in the year 2011 is a very serious once approved by Congress, would allow sell- icy research and education located at West- problem and serves no purpose for peo- ers to collect and remit sales and use taxes ern Governors University. The foundation fo- ple to talk only of extending the mora- without imposing an undue burden on inter- cuses on three areas: public policy and gov- torium and not about the other prob- state commerce. ernance issues created by new technology, advancing competency-based measurement lem. Let’s solve both problems at once By Mrs. BOXER (for herself, Mr. on behalf of America’s kids and on be- and certification in education, and increas- ALLEN, Mr. INOUYE, and Mr. half of remote sellers. ing speed and decreasing cost in environ- KERRY): I happen to think the growth of the mental progress. S. 1505. A bill to authorize the Sec- Internet is a wonderful thing. I think retary of Commerce to establish a PROJECTED STATE AND LOCAL REVENUE LOSSES FROM E– catalog sales are a wonderful thing. I Travel and Tourism Promotion Bureau; COMMERCE ACTIVITY think Main Street businesses are great. to the Committee on Commerce, [Figures in millions] I think all the commerce opportunities Science, and Transportation. that exist in this country enhance this State 2001 2006 2011 Mrs. BOXER. Mr. President, today I country. The Main Street business peo- am introducing the Rediscover Amer- Alabama ...... $177.4 $604.3 $734.4 ple say to us: We rent the business, we Arkansas ...... 143.8 488.0 590.9 ica Act of 2001 along with my col- hire the employees, we carry the inven- Arizona ...... 231.1 799.2 982.5 leagues, Senator ALLEN, Senator California ...... 1,750.0 5,952.0 7,225.0 tory, and if you come to our Main Colorado ...... 200.7 686.4 836.2 INOUYE, and Senator KERRY. The Redis- Street business and buy a product, we Connecticut ...... 190.5 648.9 788.2 cover America Act is a bipartisan ef- District of Columbia ...... 36.7 123.1 147.7 must collect the sales tax. But some- Florida ...... 932.2 3,214.0 3,944.4 fort to help promote travel and tour- Georgia ...... 439.0 1,517.8 1,865.6 one a thousand miles away who com- Hawaii ...... 105.1 359.2 438.3 petes by catalog or television monitor ism in the United States in the wake of Iowa ...... 111.8 372.3 443.7 the September 11, 2001 terrorist attacks Idaho ...... 44.4 151.5 184.6 can make the same sale and sell it Illinois ...... 532.9 1,795.3 2,161.7 without collecting the sales tax. It is on America. Indiana ...... 215.5 728.5 879.8 The bill directs the U.S. Secretary of Kansas ...... 134.4 451.5 542.2 true the buyer has a tax responsibility, Kentucky ...... 158.7 535.5 645.8 but the buyer almost never remits that Commerce to establish a Travel and Louisiana ...... 302.6 1,008.1 1,202.5 Tourism Promotion Bureau. The Bu- Massachusetts ...... 200.6 683.0 828.6 small use tax to the State when that Maryland ...... 194.4 664.3 809.2 sale is made. reau would work with the private sec- Maine ...... 43.1 146.4 177.5 tor to develop a public service/adver- Michigan ...... 502.9 1,696.2 2,043.6 Those are the issues. I call attention Minnesota ...... 270.6 920.6 1,117.2 today to the fact that some colleagues tising campaign to encourage people to Missouri ...... 261.6 884.1 1,066.7 rediscover America. While the Bureau Mississippi ...... 136.5 462.8 560.0 introduced a piece of legislation that North Carolina ...... 293.4 1,010.9 1,239.4 calls for a moratorium for 2 years, will work in the same spirit as the North Dakota ...... 26.4 87.6 103.9 former Travel and Tourism Adminis- Nebraska ...... 70.9 238.7 287.3 some are talking about 5 years. One New Jersey ...... 337.8 1,150.0 1,396.1 was introduced, I believe, by my col- tration, it will not be a large new bu- New Mexico ...... 129.1 440.2 535.4 reaucracy. The bill is designed to give Nevada ...... 126.3 441.7 549.0 league from Virginia and my colleague New York ...... 1,052.9 3,569.2 4,318.4 from California for a 5-year extension. the Secretary the flexibility to appoint Ohio ...... 446.7 1,502.2 1,805.9 Oklahoma ...... 202.8 670.6 794.5 Another was introduced for a 2-year ex- up to three existing Department of Pennsylvania ...... 446.4 1,503.4 1,811.0 tension. I believe both are too long. I Commerce employees to work on this Rhode Island ...... 36.8 124.5 150.4 South Carolina ...... 153.4 525.0 640.5 believe the extension until June 30 of 2-year project. At least $60 million of South Dakota ...... 39.4 133.4 161.3 next year, with a requirement we get the funds provided in the supplemental Tennessee ...... 362.3 1,242.8 1,518.7 Texas ...... 1,162.1 3,957.0 4,805.6 to work, will give the States and the appropriations bill would be available Utah ...... 104.5 359.0 439.2 Internet sellers and remote sellers the for this effort so that the campaign can Virginia ...... 238.5 817.0 997.2 Vermont ...... 21.0 71.7 87.2 time they need to get to work and begin quickly. We envision celebrities Washington ...... 416.5 1,427.3 1,745.3 solve this problem. Let’s extend it for- and national leaders participating in Wisconsin ...... 213.5 721.5 871.0 West Virginia ...... 70.1 232.4 276.2 ever as far as I am concerned, but we ads that will tout the beauty of the na- Wyoming ...... 26.1 85.2 100.0 should fix the long-term problem as we tion and encourage people here and Total ...... 13,293.1 45,204.3 54,849.5 do so. abroad to Rediscover America. Mr. President, I ask unanimous con- We need the Rediscover America Act Mr. DORGAN. Mr. President, vir- sent that the bill be printed in the at this time for a number of reasons. tually every Governor, or 45 Governors RECORD. The revitalization of the travel and

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.067 pfrm01 PsN: S04PT1 S10304 CONGRESSIONAL RECORD — SENATE October 4, 2001 tourism industry following the Sep- fered the amendment to the Defense the offset problem for military retir- tember 11, 2001 terrorist attacks on the authorization bill, and it was accepted. ees. But we didn’t. So that is what we United States is a national economic It allows the disabled military retirees are trying to correct with the offering necessity. The travel and tourism in- to receive both their disability pay and of this legislation. dustry has a large impact on the U.S. their retirement pay concurrently in- We should honor our commitments economy, adding nearly 5 percent of stead of one offsetting the other. It with disabled military retirees and the GDP, generating more than $578 makes it effective upon the Defense au- their surviving widows and dependent million in revenues, supporting more thorization bill becoming law. children. So today I am offering stand- than 17 million jobs, and providing a I supported it. All of us supported the alone legislation to eliminate that off- $14 million trade surplus for the coun- Reid amendment. It is now included in set called the VA dependency and in- try. the final version of the bill. That cor- demnity compensation offset against In California, the travel and tourism rection in law is long overdue. the annuity paid by the survivors ben- industry provides over 1.1 million jobs. Now there is another related injus- efit plan. Those jobs are now in danger. We esti- tice which needs to be addressed. The I will repeat what I said at the out- mate that the total direct and indirect legislation I am offering will extend set. In the first chapter of James, verse losses in the travel and tourism indus- the same protection of benefits to the 27 of the Holy Scriptures, we are told try as a result of declining consumer widows and orphans of military retir- in God’s eyes that the true measure of confidence could reach nearly 20,000. ees because the same kind of rule that our faith is to look after orphans and We need to encourage people to travel penalized disabled retirees, the offset widows in their distress. So we simply in order to restore jobs for people in of disability pay to military retire- can’t allow this situation to stand. We the industry. ment pay, also hurts the widows and need to restore the full benefits to our In light of the effect that the attacks the surviving children. country’s military retirees and their have had on the travel and tourism in- Mr. President, go back to 1972 when families. I will continue to work to do dustry, it is important to put measures Congress established the military sur- right by those who have given this Na- immediately into place to encourage vival benefits plan to provide retirees’ tion their all, and especially for the consumer confidence in travel and in survivors an annuity that was specifi- loved ones they may leave to our care. the economy. cally modeled after the civil service Thank you for the opportunity of ad- Safety and security in travel is of ut- survival benefit plan. Like the civilian dressing the Senate as I introduce this most importance in order to restore plan, the military survivors benefit legislation. consumer confidence in the industry. plan is a volunteer benefit program I ask unanimous consent that the But we will have to get the message purchased by the retiree. Retired serv- text of the bill be printed in the out there that it is safe to travel again ice members pay for this benefit from RECORD. in order to get passengers back on their retired pay. Then upon their There being no objection, the bill was planes. death, their spouse or dependent chil- ordered to be printed in the RECORD, as While this marketing assistance can dren can receive up to 55 percent of follows: only constitute one facet of our re- their retired pay as an annuity. S. 1506 sponse to the current crisis in the trav- Surviving spouses or dependent chil- Be it enacted by the Senate and House of Rep- el and tourism industry, we hope its dren of 100-percent service-connected resentatives of the United States of America in impact will be widely felt. More than 95 disabled retirees are also entitled to Congress assembled, percent of the businesses in travel and dependency and indemnity compensa- SECTION 1. REPEAL OF REQUIREMENT OF RE- DUCTION OF SBP SURVIVOR ANNU- tourism are small to medium sized en- tion from the Veterans’ Administra- ITIES BY DEPENDENCY AND INDEM- terprises who need help now. Again, tion. But the annuity paid by the sur- NITY COMPENSATION. this is only one step toward getting the vivors benefits plan and received by a (a) REPEAL.—Section 1451(c) of title 10, travel and tourism industry back on its widow or an orphan is reduced by the United States Code, is amended by striking feet. Its restoration is vital for the fu- amount of the dependency and indem- paragraph (2). (b) PROHIBITION ON RETROACTIVE BENE- ture well being of our economy. nity compensation received from the FITS.—No benefits may be paid to any person VA—the same unfair offset that we are for any period before the effective date speci- By Mr. NELSON of Florida: now correcting for our military retir- fied in subsection (c) by reason of the amend- S. 1506. A bill to amend title 10, ees. ment made by subsection (a). United States Code, to repeal the re- So the penalty for widows or orphans (c) EFFECTIVE DATE.—The amendment quirement for reduction of SBP sur- is no more justifiable than for retirees. made by subsection (a) shall take effect on— vivor annuities by dependency and in- In fact, in the absence of their veteran (1) the first day of the first month that be- demnity compensation; to the Com- spouse or parent, the survivors’ need gins after the date of the enactment of this mittee on Armed Services. for a stable income is often greater. Act; or (2) the first day of the fiscal year that be- Mr. NELSON of Florida. Mr. Presi- They have depended on the person who dent, I am introducing legislation gins in the calendar year in which this Act is has received this disability pay because enacted, if later than the date specified in today to take care of a major problem that disabled person’s income was low- paragraph (1). we overlooked recently in passing the ered because of their disability, and defense authorization bill. often because the spouse or the chil- By Mr. CORZINE (for himself, I take my inspiration from Holy dren have to be caregivers to the dis- Mr. REED, and Mr. TORRICELLI): Scripture where we are told that in abled person, their incomes likewise S. 1508. A bill to increase the pre- God’s eyes, the measure of our faith is are reduced; thus the need for this dis- paredness of the United States to re- to look after orphans and widows in ability pay as set up in law sometime spond to a biological or chemical weap- their distress. ago for the survivors’ need. ons attack; to the Committee on The fiscal year 2002 Defense author- Well, Mr. President, I know of no Health, Education, Labor, and Pen- ization bill we just passed corrected other surviving spouse annuity pro- sions. one long-standing inequity but not an- gram in the Federal or private sector Mr. CORZINE. Mr. President, I rise other longstanding inequity. What the that is permitted to offset, terminate, today to introduce the Biological and Defense authorization bill did was cor- or reduce their survivor payments be- Chemical Attack Preparedness Act, rect an inequity by restoring benefits cause of disability payments. Natu- legislation that would help prepare our to our disabled military retirees be- rally, I was disappointed in this year’s public health infrastructure for the cause currently our system penalizes Defense authorization bill that we have possibility of a future biological or military retirees, who have given our left behind the widows or orphans of chemical attack. country the best years of their lives, by 100-percent disabled retirees. I am not The attacks of September 11 have fo- reducing their retirement pay by the talking about 50-percent disabled; I am cused attention on the threat posed to amount of disability pay they are enti- talking about the widows or orphans of our entire Nation by terrorists, espe- tled to receive. 100-percent disabled retirees. cially the threat of biological and This simply is not fair. Senator REID, I believe we should have and could chemical attacks. My office has re- our great Democratic floor leader, of- have addressed this issue when we fixed ceived numerous letters and phone

VerDate 26-SEP-2001 04:11 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.044 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10305 calls from constituents alarmed by re- and injured several hundred, a tragedy pothetical sarin incident. It is clear, cent news reports that the Federal by any measure, but with a limited that the U.S. is not prepared. Aviation Administration grounded crop death count. The incident has broader The study outlines that the ‘‘Domes- dusters. Some speculate that the small significance for what it shows about tic Preparedness Program . . . has in- propeller planes might be used to de- the failure of an advanced public cluded no systemic efforts to integrate liver chemical or biological weapons health system to respond to a biologi- hospitals into response plans, and it over a broad area, threatening the cal or chemical weapon emergency. has provided only limited funds to ac- health and well being of the people Specifically, the attack highlighted quire resources for state and local re- below. The implications of such an at- unfortunate weaknesses in Japan’s sponders and none for hospitals.’’ It is tack are enormous. One analysis from ability to coordinate a comprehensive time to ensure that our public health the Centers for Disease Control pre- public health response. system is up to the challenges of the dicted that a few kilograms of anthrax To put it mildly, the subway attack new threat environment, including the delivered over a major metropolitan caught Japan’s public health system possibility that chemical weapons or area would kill more people than the off guard. St. Luke’s International biological agents will be released on atomic bomb dropped on Hiroshima. Hospital received most victims of the the United States. While the US is fortunate to have attack, treating over six hundred Japa- A report published by the American avoided a biological or chemical attack nese patients. Although even before the Hospital Association in conjunction thus far, the threat of such an attack is attack the hospital maintained a high with the Office of Emergency Prepared- very real. In 1995, it was hard to imag- level of emergency preparedness and ness, found that the fundamental problem is, and I quote, ‘‘there is no gen- ine that Japan would be targeted for conducted periodic emergency drills, it eral societal support for the prepared- such an attack. But that year, an apoc- was not ready for the tremendous surge ness role of the hospital.’’ Up until this alyptic cult did just that in a Tokyo of acutely ill patients that over- point, there was no requirement for in- subway station. The highly sophisti- whelmed the emergency room. The hos- dividual hospitals or departments of cated cult counted scientists among its pital was not prepared to treat victims health to plan for the possibility of a adherents and developed a deadly manifesting the symptoms characteris- chemical or biological attack. Nor was chemical weapon: sarin gas. They em- tics of sarin gas poisoning. It was not there any funding to help them in this ployed a crude form of delivery, filling prepared to guarantee the health and important process. In our previous ap- soda cans and lunch boxes with sarin safety of the healthcare workers em- proach to bioterrorism, we have fo- gas and puncturing the improvised con- ployed there. And, although terribly cused on stockpiling medical supplies tainers as they left a rail car. overburdened with patients being and creating additional laboratory ca- While technical expertise and consid- treated in the chapel and cafeteria, it pacity, but we have ignored the emer- erable resources are required, it is was unable to release patients to other gency preparedness of our hospitals. clear that a motivated terrorist group hospitals, knowing that other hospitals The Biological and Chemical Attack can unleash a chemical or biological were even less prepared to deal with Preparedness Act seeks to overcome weapon on a complacent population. the unique challenges posed by victims this failing of our public health system The possibility of such an attack seems of chemical weapons. Because of the in several important ways. First, it even greater when one realize that use of chemical weapons, standards al- would require States to develop public many of the countries considered to be ready established for mass casualty in- health disaster plans in consultation active state sponsors of terrorism by cidents were found to be inadequate, with local governments. It is vital that the State Department are also believed and the staff was forced to improvise. the various state governments rapidly to be developing chemical and biologi- According to a study conducted by the devise and implement plans based on cal weapons. hospital, more than twenty-percent of their own specific needs and strengths. The events of September 11 have the health professionals assisting the The public health disaster plan devel- brought our country’s vulnerability to victims developed sarin gas poisoning oped by Nebraska will be very different an attack with chemical and biological themselves. from the one developed by New Jersey, weapons into even greater focus. How- Healthcare workers helping the sick and for good reason. The public health ever, the challenge of maintaining the were put into harm’s way. Had the challenges posed by a rural population functionality of key infrastructure in chemical or biological agent been more are different than those posed by a sub- the event of a chemical or biological severe or had the health professionals urban or urban population. State plans emergency has been a concern for some received a greater dose, the implica- must take into account the distribu- time. The well-regarded Hart-Rudman tions of Japan’s lack of preparation tion and the pre-existing capabilities of report calls for careful preparation and could have been even more serious. hospitals in their states. They must ad- explains that in a biological attack, The United States must learn from dress issues surrounding proximity to ‘‘citizen cooperation with government the nightmare experienced by Japan care and the financial costs of imple- authorities will depend on public con- and shore up our public health infra- menting a system. Simply put, they fidence that those authorities can man- structure before it is too late. must devise a mechanism for providing age the emergency.’’ A recent News- Unfortunately, despite several pro- care to all affected state residents in week poll found that 46 percent of re- grams that have moved us in the right the event of an attack. spondents were not convinced that na- direction, including the historic Frist- This being said, as with national se- tional and local governments are pre- Kennedy emerging threats legislation curity issues generally, there is an im- pared to handle an attack with biologi- passed in the last Congress that I hope portant federal role. It is the job of the cal or chemical weapons. will receive the funding it deserves, the Department of Health and Human Unfortunately, Americans have rea- United States’ public health system is Services to establish broad guidelines son to be skeptical about the extent or not much more prepared than Japan’s and oversee the implementation of the which our public health system is pre- in 1995. various plans. Just as we need coordi- pared for a chemical or biological at- A study appearing in the May 2001 nation between States, localities, and tack. The overwhelming consensus issue of the respected American Jour- hospitals, we need coordination with among public health officials is that nal of Public Health reveals a troubling the national health system. To ensure our health care infrastructure today is situation. Of the hospitals that re- that states comply, Medical funding not equipped to address a mass cas- sponded to a survey, fewer than 20 per- would be withheld for any state that ualty incident involving chemical and cent had any plans for biological or failed to meet the broad requirements biological weapons. chemical weapons incidents. That of the legislation. The attack in Japan in 1995 was the means only one-fifth of hospitals na- Second, as part of the public health first time in history when chemical tionwide had even considered the im- disaster plan, States would be required weapons were turned on a civilian pop- plications of a chemical or biological to designate hospitals so that all state ulation. As such, it is a valuable and attack on delivery of care. And only 6 residents affected by a chemical or bio- instructive case study. The attack percent had the minimum rec- logical weapons disaster would have ac- itself killed eleven Japanese civilians ommended physical resources for a hy- cess to treatment. Each designated

VerDate 26-SEP-2001 04:11 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.039 pfrm01 PsN: S04PT1 S10306 CONGRESSIONAL RECORD — SENATE October 4, 2001 hospital would be required to devise SEC. 2. STATE PUBLIC HEALTH DISASTER PLANS. (b) ELIGIBILITY.— and implement a chemical and biologi- (a) IN GENERAL.—Not later than 120 days (1) IN GENERAL.—To be eligible for a grant cal weapons response that complies after the publication of the standards devel- under subsection (a), a hospital or health oped by the Secretary of Health and Human with their responsibilities as a compo- care provider shall in consultation with the Services (in this Act referred to as the ‘‘Sec- State, prepare and submit to the Director of nent of the State’s overall response. retary’’) under subsection (c), each State the Office of Emergency Preparedness, an ap- Right now, with only 6 percent of hos- shall develop a State public health disaster plication at such time, in such manner, and pitals providing a high level of chem- plan for responding to biological or chemical containing such information as the Director ical and biological weapons attack attacks. Not later than 180 days after the may require. readiness, we are far from the goal of publication of such standards, each State (2) PREFERENCE FOR DESIGNATED HOSPITALS shall fully implement the State’s plan. ensuring that any person affected by AND PROVIDERS.—In awarding grants under (b) REQUIREMENTS OF PLAN.—A State pub- this section, the Director shall give priority chemical or biological weapons can re- lic health disaster plan developed under sub- to applicant hospitals and health care pro- ceive treatment. Hospitals designated section (a) shall— viders that are designated hospitals or pro- (1) comply with the standards developed as part of the plan must be prepared viders under the State public health disaster under subsection (c); with equipment, trained personnel, and plan under section 2. (2) require designated hospitals and health pharmaceutical products sufficient to (3) GOVERNMENTAL ENTITIES.—Notwith- care providers in the State to have proce- meet the anticipated need in the event standing paragraph (1)(A), the Director may dures in place to provide health care items award a grant under this section to a State of chemical or biological attack. and services (including antidotes, vaccines or local governmental entity if the Sec- I know we are asking a lot of our or other drugs or biologicals) to all State States and of our hospitals. Certainly, residents in the event of a biological or retary determines that such an award is ap- the additional precautions taken to chemical attack; propriate. (c) USE OF FUNDS.— (3) require that hospitals and health care prepare for an unconventional attack (1) IN GENERAL.—A grantee shall use providers designated under paragraph (2) will be expensive. To address this real amounts received under a grant under this conduct drills, on a semiannual or other concern, the bill would create a new section to provide training, give treatment basis determined appropriate by the Sec- (including the provision of antidotes, vac- grant program administered by the Of- retary, to ensure the readiness of such hos- cines or other drugs or biologicals), purchase fice of Emergency Preparedness of HHS pital or provider to receive and treat victims to fund the implementation of biologi- of a biological or chemical attack; equipment, and employ personnel as deter- cal and chemical attack preparedness (4) be developed in consultation with af- mined to be appropriate by the Director of the Office of Emergency Preparedness to en- strategies by health care providers. fected local governments and hospitals; and (5) meet such other requirements as the able the grantee to carry out its duties under Hospitals could use the funds to pur- the State public health disaster plan. chase Class-A suits to protect Secretary determines appropriate. (c) STANDARDS.—Not later than 120 days (2) TECHNICAL EXPERTISE.—A grantee may healthcare professionals, filtration after the date of enactment of this Act, the use amounts received under a grant under equipment to clean the air, shower Secretary of Health and Human Services this section to acquire technical expertise to units to remove chemical agents, anti- shall develop, and publish in the Federal enable the grantee to develop appropriate re- biotics and vaccines to treat patients, Register, standards relating to State public sponses to biological or chemical attacks. and, perhaps most importantly, train- health disaster plans, including require- (d) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated, such ing for the staff to recognize the warn- ments relating to the equipment, training, treatment, and personnel that a hospital or sums as may be necessary to carry out this ing signs of an attack. And, because we health care provider must have to be a des- section. are asking for additional preparation ignated hospital or provider under such plan. on the part of designated hospitals, (d) SUBMISSION TO SECRETARY.— Mr. REED. Mr. President, I am they will receive preferential treat- (1) IN GENERAL.—Not later 360 days after pleased to join my colleagues, Senators ment in the grant program. Not inci- the date on which standards are published CORZINE and TORRICELLI of New Jersey dentally, local governments would be under subsection (c), and annually (or at in introducing this timely and impor- eligible for the grants as well, pro- such other regular periods as the Secretary tant legislation. The Biological and may determine appropriate) thereafter, a Chemical Attack Preparedness Act viding a level of local control and over- State shall submit to the Secretary for ap- sight that is a vital component of a proval the disaster plan developed by the seeks to address a critical need that truly coordinated response. State under this section. The Secretary may currently exists in our health care The Biological and Chemical Attack only approve such plan if the Secretary de- emergency preparedness network. Preparedness Act would help ensure termines that the plan complies with such Since the devastating attacks of Sep- that our national public health system standards. tember 11, it has become apparent that is prepared to orchestrate a skillful, (2) MONITORING.—The Secretary shall mon- we as a Nation face many threats for itor the States to determine whether each quick and coordinated response to an which we must be prepared. Over the State has developed and implemented a past decade, the Federal Government attack with chemical or biological State disaster plan in accordance with this weapons. The bill would provide the re- section. has made significant investments in resources necessary to assist hospitals (e) MEDICAID STATE PLAN REQUIREMENT.— search, planning and implementation and local governments in getting up to Section 1902(a) of the Social Security Act (42 of procedures designed to deal with a speed. And it would ensure that the U.S.C. 1396a(a)) is amended— variety of terrorist attacks, including (1) in paragraph (64), by striking ‘‘and’’ at strengthening our public health system various jurisdictions in our public the end; health system are working together to- so that it may respond effectively to a (2) in paragraph (65), by striking the period potential biological or chemical ter- wards a single compelling goal: pre- at the end and inserting ‘‘; and’’, and paring for the devastating implications (3) by inserting after paragraph (65) the fol- rorist event. In that time, we have of a chemical or biological weapons at- lowing: made great progress in solidifying our tack. It would be far better to spend ‘‘(66) provide that the State shall develop, level of preparedness for these kinds of the money now than suffer the grim for approval by the Secretary, and have in insidious events. Nevertheless, the consequences later. effect a State public health disaster plan for events of last month have also made us I urge my colleagues to support this responding to biological or chemical attacks keenly aware of our vulnerabilities, in accordance with section 2 of the Biologi- important piece of legislation, and ask particularly when it comes to State cal and Chemical Attack Preparedness Act, and local health systems, where our unanimous consent that the text of the except that this paragraph shall not apply to bill be printed in the RECORD. a State if the Secretary waives the applica- ability to resond to a major cata- There being no objection, the bill was tion of this paragraph because of the exist- strophic event is not what it should be. ordered to be printed in the RECORD, as ence of exceptional circumstances.’’. Specifically, while the 1996 Defense follows: SEC. 3. GRANTS FOR TRAINING, EQUIPMENT, AND Against Weapons of Mass Destruction S. 1508 PERSONNEL. Act required the development of a Do- (a) IN GENERAL.—The Secretary, acting Be it enacted by the Senate and House of Rep- mestic Preparedness Program, includ- through the Director of the Office of Emer- ing efforts to improve capacity of local resentatives of the United States of America in gency Preparedness, shall award grants to Congress assembled, hospitals and health care providers to enable emergency response agencies, only lim- SECTION 1. SHORT TITLE. such hospitals and providers to provide ited funds were provided to state and This Act may be cited as the ‘‘Biological training, give treatment, purchase equip- local responders and none for hospitals. and Chemical Attack Preparedness Act’’. ment, and employ personnel. For those hospitals that have devised

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.041 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10307 plans, the challenge is often finding the hend criminals with a speed they could Additionally, this bill will require resources to acquire the appropriate not have dreamed of before using the the Attorney General to set up a Police equipment and training necessary to Internet. Department Technology Assistance respond to a chemical or biological Unfortunately, as truly amazing as Desk, to answer questions from local event. the law enforcement successes have police chiefs about necessary tech- The Biological and Chemical Attack been, the results could be better. Much nologies, and to assist police officials Preparedness Act we are introducing as schools, libraries, local govern- and local governments in making ap- today would address this urgent prob- ments, and businesses in rural America propriate purchases from reputable lem by requiring all States to think have not always shared equally in the dealers. strategically about their health sys- benefits of Internet access with their Finally, to gauge how effective the tems and how they might be called to counterparts in urban and suburban NET COP grant program is, the bill re- respond to a biological or chemical at- areas, police departments serving some quires the General Accounting Office tack. Each State would submit to the smaller communities have been unable to make an annual report to Congress Department of Health and Human to participate in this revolutionary comparing the concentration of the na- Services for review and approval a dis- crime-fighting technology to the same tion’s ‘‘wired’’ police departments gen- aster preparedness plan that would des- degree enjoyed by big-city depart- erally with the number of rural depart- ignate certain hospitals and providers ments. ments having Internet access. I believe the NET COP Act will serve to respond to a terrorist attack. These Of the many lessons this country as an extremely important crime-fight- facilities would devise and implement learned so painfully because of the ter- ing tool for rural America. As we en- chemical and biological weapons re- rorist attacks of September 11, perhaps the most painful is that information deavor to create a safer and more se- sponse plans that conform to their re- cure United States, I recommend this sponsibilities as a component of the and intelligence that is not shared is information and intelligence wasted, legislation as a crucial component of a State’s overall disaster response. To comprehensive response to crime. help defray these additional costs, the often with tragic results. Crimes, in- bill authorizes a new grant program ad- cluding acts of terrorism, might be pre- By Mr. DASCHLE (for himself, ministered by HHS’ Office of Emer- vented if the right information finds Mr. LOTT, Mr. LEAHY, Mr. gency Preparedness to fund the imple- its way to the appropriate law enforce- HATCH, Mr. GRAHAM, Mr. SHEL- mentation of biological and chemical ment officials. We are also sensitized BY, and Mr. SARBANES): attack preparedness strategies. to the fact that crime knows no bound- S. 1510. A bill to deter and punish ter- This legislation compliments ongo- aries. In the world today, criminal ac- rorist acts in the United States and ing efforts to enhance our public health tivity is as great a concern for citizens around the world, to enhance law en- capability to minimize casualties and police officers in small towns as it forcement investigatory tools, and for should a biological or chemical attack is for those in large population centers. other purposes; read the first time. occur within our borders. Indeed, it is With our renewed national dedication There being no objection, the bill was absolutely essential that every link in to supplying law enforcement agencies ordered to be printed in the RECORD, as the health system chain, from the indi- with the tools they need to fight crime, follows: vidual provider to our Federal health we cannot doubt the necessity of ensur- Mr. DASCHLE. Mr. President, I ask agencies, has the tools it needs to ing that police departments in rural unanimous consent that the text of the carry out the tasks for which it is re- communities, like their colleagues in bill be printed in the RECORD. sponsible in this new world. cities, have access to Internet-based S. 1510 I thank my colleagues for the oppor- crime-fighting and information-sharing Be it enacted by the Senate and House of Rep- tunity to join them today in this im- resources. resentatives of the United States of America in Congress assembled, portant endeavor and urge the Senate The NET COP Act does just this. This bill sets up a grant program, adminis- SECTION 1. SHORT TITLE AND TABLE OF CON- to take quick action to adopt this im- TENTS. portant legislation. tered by the United States Department (a) SHORT TITLE.—This Act may be cited as of Justice, to enable rural police de- the ‘‘Uniting and Strengthening America By Mr. ROCKEFELLER: partments without Internet access to Act’’ or the ‘‘USA Act of 2001’’. S. 1509. A bill to establish a grant purchase appropriate computer hard- (b) TABLE OF CONTENTS.— The table of con- program to enable rural police depart- ware and software, or to pay for Inter- tents for this Act is as follows: ments to gain access to the various net access, so that they can join the Sec. 1. Short title and table of contents. crime-fighting, investigatory, and in- many thousands of federal, State, and Sec. 2. Construction; severability. formation-sharing resources available local agencies already sharing informa- TITLE I—ENHANCING DOMESTIC SECURITY AGAINST TERRORISM on the Internet, and for other purposes; tion and cooperating to track down and Sec. 101. Counterterrorism fund. to the Committee on the Judiciary. arrest criminals via such Internet- Sec. 102. Sense of Congress condemning dis- Mr. ROCKEFELLER. Mr. President, I based services as DOJ’s Regional Infor- crimination against Arab and am proud today to introduce the Net- mation Sharing Systems, RISS, and Muslim Americans. working Electronically To Connect Our the FBI’s Law Enforcement On-Line, Sec. 103. Increased funding for the technical Police Act of 2001, or the NET COP Act, LEO, program. NET COP grants will be support center at the Federal which will help police departments in given directly to police chiefs, so that Bureau of Investigation. Sec. 104. Requests for military assistance to rural communities throughout the they can buy just what they need to enforce prohibition in certain United States take advantage of the hook into the growing network of web- emergencies. many crime-fighting and information- based law enforcement tools. NET COP Sec. 105. Expansion of national electronic sharing resources available through grants will also be available for com- crime task force initiative. the Internet. puter upgrades, if they are determined Sec. 106. Presidential authority. In the first decade of widespread use to be necessary. TITLE II—ENHANCED SURVEILLANCE of the Internet, people everywhere have Some rural police department offi- PROCEDURES become accustomed to ready avail- cials and officers have been able to af- Sec. 201. Authority to intercept wire, oral, ability of a tremendous volume of use- ford computer equipment, or to have and electronic communications relating to terrorism. ful information available to anyone their departments wired for the Inter- Sec. 202. Authority to intercept wire, oral, with a computer and access to the Web. net, and have paid for out of their own and electronic communications Federal, State, and local law enforce- pockets. So, NET COP grants will also relating to computer fraud and ment agencies in this country have be made available for reimbursement abuse offenses. made extremely good use of this capa- to those police officers and officials Sec. 203. Authority to share criminal inves- bility to share intelligence, to widen who have taken it upon themselves to tigative information. Sec. 204. Clarification of intelligence excep- their investigatory nets, to find lost or provide their departments with these tions from limitations on inter- abducted children, to locate deadbeat essential tools. Criteria for this reim- ception and disclosure of wire, parents, to tap into centralized crimi- bursement will be set by the Attorney oral, and electronic commu- nal databases, and to track and appre- General. nications.

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0655 E:\CR\FM\A04OC6.053 pfrm01 PsN: S04PT1 S10308 CONGRESSIONAL RECORD — SENATE October 4, 2001 Sec. 205. Employment of translators by the Sec. 332. Anti-money laundering programs. TITLE VI—PROVIDING FOR VICTIMS OF Federal Bureau of Investiga- Sec. 333. Penalties for violations of geo- TERRORISM, PUBLIC SAFETY OFFI- tion. graphic targeting orders and CERS, AND THEIR FAMILIES Sec. 206. Roving surveillance authority certain recordkeeping require- Subtitle A—Aid to Families of Public Safety under the Foreign Intelligence ments, and lengthening effec- Officers Surveillance Act of 1978. tive period of geographic tar- Sec. 611. Expedited payment for public safe- Sec. 207. Duration of FISA surveillance of geting orders. ty officers involved in the pre- non-United States persons who Sec. 334. Anti-money laundering strategy. vention, investigation, rescue, are agents of a foreign power. Sec. 335. Authorization to include suspicions or recovery efforts related to a Sec. 208. Designation of judges. of illegal activity in written Sec. 209. Seizure of voice-mail messages pur- terrorist attack. employment references. Sec. 612. Technical correction with respect suant to warrants. Sec. 210. Scope of subpoenas for records of Sec. 336. Bank Secrecy Act advisory group. to expedited payments for he- electronic communications. Sec. 337. Agency reports on reconciling pen- roic public safety officers. Sec. 211. Clarification of scope. alty amounts. Sec. 613. Public Safety Officers Benefit Pro- Sec. 212. Emergency disclosure of electronic Sec. 338. Reporting of suspicious activities gram payment increase. communications to protect life by securities brokers and deal- Sec. 614. Office of justice programs. and limb. ers. Subtitle B—Amendments to the Victims of Sec. 213. Authority for delaying notice of Sec. 339. Special report on administration of Crime Act of 1984 the execution of a warrant. Bank Secrecy provisions. Sec. 621. Crime Victims Fund. Sec. 214. Pen register and trap and trace au- Sec. 340. Bank Secrecy provisions and anti- Sec. 622. Crime victim compensation. thority under FISA. terrorist activities of United Sec. 623. Crime victim assistance. Sec. 215. Access to records and other items States intelligence agencies. Sec. 624. Victims of terrorism. under the Foreign Intelligence Sec. 341. Reporting of suspicious activities TITLE VII—INCREASED INFORMATION Surveillance Act. by hawala and other under- SHARING FOR CRITICAL INFRASTRUC- Sec. 216. Modification of authorities relating ground banking systems. TURE PROTECTION to use of pen registers and trap Sec. 342. Use of Authority of the United Sec. 711. Expansion of regional information and trace devices. States Executive Directors. sharing system to facilitate Sec. 217. Interception of computer trespasser Federal-State-local law en- communications. SUBTITLE D—CURRENCY CRIMES forcement response related to Sec. 218. Foreign intelligence information. Sec. 351. Bulk cash smuggling. Sec. 219. Single-jurisdiction search warrants terrorist attacks. for terrorism. SUBTITLE E—ANTICORRUPTION MEASURES TITLE VIII—STRENGTHENING THE Sec. 220. Nationwide service of search war- Sec. 361. Corruption of foreign governments CRIMINAL LAWS AGAINST TERRORISM rants for electronic evidence. and ruling elites. Sec. 801. Terrorist attacks and other acts of Sec. 221. Trade sanctions. Sec. 362. Support for the financial action violence against mass transpor- Sec. 222. Assistance to law enforcement task force on money laun- tation systems. agencies. dering. Sec. 802. Expansion of the biological weap- TITLE III—INTERNATIONAL MONEY Sec. 363. Terrorist funding through money ons statute. LAUNDERING ABATEMENT AND ANTI- laundering. Sec. 803. Definition of domestic terrorism. Sec. 804. Prohibition against harboring ter- TERRORIST FINANCING ACT OF 2001 TITLE IV—PROTECTING THE BORDER Sec. 301. Short title. rorists. Subtitle A—Protecting the Northern Border Sec. 805. Jurisdiction over crimes com- Sec. 302. Findings and purposes. Sec. 303. 4-Year congressional review-expe- Sec. 401. Ensuring adequate personnel on the mitted at U.S. facilities abroad. Sec. 806. Material support for terrorism. dited consideration. northern border. Sec. 807. Assets of terrorist organizations. Sec. 402. Northern border personnel. SUBTITLE A—INTERNATIONAL COUNTER MONEY Sec. 808. Technical clarification relating to LAUNDERING AND RELATED MEASURES Sec. 403. Access by the Department of State provision of material support to Sec. 311. Special measures for jurisdictions, and the INS to certain identi- terrorism. financial institutions, or inter- fying information in the crimi- Sec. 809. Definition of Federal crime of ter- national transactions of pri- nal history records of visa ap- rorism. mary money laundering con- plicants and applicants for ad- Sec. 810. No statute of limitation for certain cern. mission to the United States. terrorism offenses. Sec. 312. Special due diligence for cor- Sec. 404. Limited authority to pay overtime. Sec. 811. Alternate maximum penalties for respondent accounts and pri- Sec. 405. Report on the integrated auto- terrorism offenses. vate banking accounts. mated fingerprint identifica- Sec. 812. Penalties for terrorist conspiracies. Sec. 313. Prohibition on United States cor- tion system for points of entry Sec. 813. Post-release supervision of terror- respondent accounts with for- and overseas consular posts. ists. eign shell banks. Subtitle B—Enhanced Immigration Sec. 814. Inclusion of acts of terrorism as Sec. 314. Cooperative efforts to deter money Provisions racketeering activity. laundering. Sec. 815. Deterrence and prevention of Sec. 315. Inclusion of foreign corruption of- Sec. 411. Definitions relating to terrorism. cyberterrorism. fenses as money laundering Sec. 412. Mandatory detention of suspected Sec. 816. Additional defense to civil actions crimes. terrorists; habeas corpus; judi- relating to preserving records Sec. 316. Anti-terrorist forfeiture protection. cial review. in response to government re- Sec. 317. Long-arm jurisdiction over foreign Sec. 413. Multilateral cooperation against quests. money launderers. terrorists. Sec. 817. Development and support of Sec. 318. Laundering money through a for- TITLE V—REMOVING OBSTACLES TO cybersecurity forensic capabili- eign bank. INVESTIGATING TERRORISM ties. Sec. 319. Forfeiture of funds in United TITLE IX—IMPROVED INTELLIGENCE Sec. 501. Professional Standards for Govern- States interbank accounts. Sec. 901. Responsibilities of Director of Cen- Sec. 320. Proceeds of foreign crimes. ment Attorneys Act of 2001. Sec. 502. Attorney General’s authority to tral Intelligence regarding for- Sec. 321. Exclusion of aliens involved in eign intelligence collected money laundering. pay rewards to combat terrorism. under Foreign Intelligence Sur- Sec. 322. Corporation represented by a fugi- veillance Act of 1978. tive. Sec. 503. Secretary of State’s authority to pay rewards. Sec. 902. Inclusion of international terrorist Sec. 323. Enforcement of foreign judgments. activities within scope of for- Sec. 504. DNA identification of terrorists Sec. 324. Increase in civil and criminal pen- eign intelligence under Na- and other violent offenders. alties for money laundering. tional Security Act of 1947. Sec. 325. Report and recommendation. Sec. 505. Coordination with law enforce- Sec. 903. Sense of Congress on the establish- Sec. 326. Report on effectiveness. ment. ment and maintenance of intel- Sec. 327. Concentration accounts at finan- Sec. 506. Miscellaneous national security au- ligence relationships to acquire cial institutions. thorities. information on terrorists and SUBTITLE B—CURRENCY TRANSACTION RE- Sec. 507. Extension of Secret Service juris- terrorist organizations. PORTING AMENDMENTS AND RELATED IM- diction. Sec. 904. Temporary authority to defer sub- PROVEMENTS Sec. 508. Disclosure of educational records. mittal to Congress of reports on Sec. 331. Amendments relating to reporting Sec. 509. Disclosure of information from intelligence and intelligence-re- of suspicious activities. NCES surveys. lated matters.

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0655 E:\CR\FM\A04OC6.056 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10309 Sec. 905. Disclosure to director of central in- (6) Many Arab Americans and Muslim held, used, administered, liquidated, sold, or telligence of foreign intel- Americans have acted heroically during the otherwise dealt with in the interest of and ligence-related information attacks on the United States, including Mo- for the benefit of the United States, and such with respect to criminal inves- hammed Salman Hamdani, a 23-year-old New designated agency or person may perform tigations. Yorker of Pakistani descent, who is believed any and all acts incident to the accomplish- Sec. 906. Foreign terrorist asset tracking to have gone to the World Trade Center to ment or furtherance of these purposes.’’; and center. offer rescue assistance and is now missing. (2) by inserting at the end the following: Sec. 907. National virtual translation center. (b) SENSE OF CONGRESS.—It is the sense of ‘‘(c) CLASSIFIED INFORMATION.—In any judi- Sec. 908. Training of government officials Congress that— cial review of a determination made under regarding identification and use (1) the civil rights and civil liberties of all this section, if the determination was based of foreign intelligence. Americans, including Arab Americans, Mus- on classified information (as defined in sec- SEC. 2. CONSTRUCTION; SEVERABILITY. lim Americans, and Americans from South tion 1(a) of the Classified Information Proce- Any provision of this Act held to be invalid Asia, must be protected, and that every ef- dures Act) such information may be sub- or unenforceable by its terms, or as applied fort must be taken to preserve their safety; mitted to the reviewing court ex parte and in to any person or circumstance, shall be con- (2) any acts of violence or discrimination camera. This subsection does not confer or strued so as to give it the maximum effect against any Americans be condemned; and imply any right to judicial review.’’. permitted by law, unless such holding shall (3) the Nation is called upon to recognize TITLE II—ENHANCED SURVEILLANCE be one of utter invalidity or unenforce- the patriotism of fellow citizens from all PROCEDURES ability, in which event such provision shall ethnic, racial, and religious backgrounds. SEC. 201. AUTHORITY TO INTERCEPT WIRE, be deemed severable from this Act and shall ORAL, AND ELECTRONIC COMMU- not affect the remainder thereof or the appli- SEC. 103. INCREASED FUNDING FOR THE TECH- NICAL SUPPORT CENTER AT THE NICATIONS RELATING TO TER- RORISM. cation of such provision to other persons not FEDERAL BUREAU OF INVESTIGA- similarly situated or to other, dissimilar cir- TION. Section 2516(1) of title 18, United States cumstances. There are authorized to be appropriated for Code, is amended— TITLE I—ENHANCING DOMESTIC the Technical Support Center established in (1) by redesignating paragraph (p), as so re- SECURITY AGAINST TERRORISM section 811 of the Antiterrorism and Effec- designated by section 434(2) of the SEC. 101. COUNTERTERRORISM FUND. tive Death Penalty Act of 1996 (Public Law Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132; 110 Stat. (a) ESTABLISHMENT; AVAILABILITY.—There 104–132) to help meet the demands for activi- 1274), as paragraph (r); and is hereby established in the Treasury of the ties to combat terrorism and support and en- (2) by inserting after paragraph (p), as so United States a separate fund to be known as hance the technical support and tactical op- redesignated by section 201(3) of the Illegal the ‘‘Counterterrorism Fund’’, amounts in erations of the FBI, $200,000,000 for each of Immigration Reform and Immigrant Respon- which shall remain available without fiscal the fiscal years 2002, 2003, and 2004. year limitation— sibility Act of 1996 (division C of Public Law SEC. 104. REQUESTS FOR MILITARY ASSISTANCE 104–208; 110 Stat. 3009–565), the following new (1) to reimburse any Department of Justice TO ENFORCE PROHIBITION IN CER- component for any costs incurred in connec- paragraph: TAIN EMERGENCIES. ‘‘(q) any criminal violation of section 229 tion with— Section 2332e of title 18, United States (A) reestablishing the operational capa- (relating to chemical weapons); or sections Code, is amended— 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this bility of an office or facility that has been (1) by striking ‘‘2332c’’ and inserting title (relating to terrorism); or’’. damaged or destroyed as the result of any ‘‘2332a’’; and domestic or international terrorism inci- SEC. 202. AUTHORITY TO INTERCEPT WIRE, (2) by striking ‘‘chemical’’. ORAL, AND ELECTRONIC COMMU- dent; SEC. 105. EXPANSION OF NATIONAL ELECTRONIC NICATIONS RELATING TO COM- (B) providing support to counter, inves- CRIME TASK FORCE INITIATIVE. PUTER FRAUD AND ABUSE OF- tigate, or prosecute domestic or inter- The Director of the United States Secret FENSES. national terrorism, including, without limi- Service shall take appropriate actions to de- Section 2516(1)(c) of title 18, United States tation, paying rewards in connection with velop a national network of electronic crime Code, is amended by striking ‘‘and section these activities; and task forces, based on the New York Elec- 1341 (relating to mail fraud),’’ and inserting (C) conducting terrorism threat assess- tronic Crimes Task Force model, throughout ‘‘section 1341 (relating to mail fraud), a fel- ments of Federal agencies and their facili- the United States, for the purpose of pre- ony violation of section 1030 (relating to computer fraud and abuse),’’. ties; and venting, detecting, and investigating various (2) to reimburse any department or agency forms of electronic crimes, including poten- SEC. 203. AUTHORITY TO SHARE CRIMINAL IN- VESTIGATIVE INFORMATION. of the Federal Government for any costs in- tial terrorist attacks against critical infra- (a) AUTHORITY TO SHARE GRAND JURY IN- curred in connection with detaining in for- structure and financial payment systems. eign countries individuals accused of acts of FORMATION.— SEC. 106. PRESIDENTIAL AUTHORITY. terrorism that violate the laws of the United (1) IN GENERAL.—Rule 6(e)(3)(C) of the Fed- States. Section 203 of the International Emergency eral Rules of Criminal Procedure is amend- (b) NO EFFECT ON PRIOR APPROPRIATIONS.— Powers Act (50 U.S.C. 1702) is amended— ed— Subsection (a) shall not be construed to af- (1) in subsection (a)(1)— (A) in clause (iii), by striking ‘‘or’’ at the fect the amount or availability of any appro- (A) at the end of subparagraph (A) (flush to end; priation to the Counterterrorism Fund made that subparagraph), by striking ‘‘; and’’ and (B) in clause (iv), by striking the period at before the date of enactment of this Act. inserting a comma and the following: the end and inserting ‘‘; or’’; and SEC. 102. SENSE OF CONGRESS CONDEMNING ‘‘by any person, or with respect to any prop- (C) by inserting at the end the following: DISCRIMINATION AGAINST ARAB erty, subject to the jurisdiction of the ‘‘(v) when the matters involve foreign in- AND MUSLIM AMERICANS. United States;’’; telligence or counterintelligence (as defined (a) FINDINGS.—Congress makes the fol- (B) in subparagraph (B)— in section 3 of the National Security Act of lowing findings: (i) by inserting ‘‘, block during the pend- 1947 (50 U.S.C. 401a)), or foreign intelligence (1) Arab Americans, Muslim Americans, ency of an investigation’’ after ‘‘inves- information (as defined in Rule 6(e)(3)(C)(ii)) and Americans from South Asia play a vital tigate’’; and to any other Federal law enforcement, intel- role in our Nation and are entitled to noth- (ii) by striking ‘‘interest;’’ and inserting ligence, protective, immigration, national ing less than the full rights of every Amer- ‘‘interest by any person, or with respect to defense, or national security official in order ican. any property, subject to the jurisdiction of to assist the official receiving that informa- (2) The acts of violence that have been the United States; and’’; and tion in the performance of his official duties. taken against Arab and Muslim Americans (C) by inserting at the end the following: Any Federal official who receives informa- since the September 11, 2001, attacks against ‘‘(C) when the United States is engaged in tion pursuant to clause (v) may use that in- the United States should be and are con- armed hostilities or has been attacked by a formation only as necessary in the conduct demned by all Americans who value freedom. foreign country or foreign nationals, con- of that person’s official duties subject to any (3) The concept of individual responsibility fiscate any property, subject to the jurisdic- limitations on the unauthorized disclosure of for wrongdoing is sacrosanct in American so- tion of the United States, of any foreign per- such information.’’. ciety, and applies equally to all religious, ra- son, foreign organization, or foreign country (2) DEFINITION.—Rule 6(e)(3)(C) of the Fed- cial, and ethnic groups. that he determines has planned, authorized, eral Rules of Criminal Procedure, as amend- (4) When American citizens commit acts of aided, or engaged in such hostilities or ated by paragraph (1), is amended by— violence against those who are, or are per- tacks against the United States; and all (A) inserting ‘‘(i)’’ after ‘‘(C)’’; ceived to be, of Arab or Muslim descent, they right, title, and interest in any property so (B) redesignating clauses (i) through (v) as should be punished to the full extent of the confiscated shall vest, when, as, and upon subclauses (I) through (IV), respectively; and law. the terms directed by the President, in such (C) inserting at the end the following: (5) Muslim Americans have become so fear- agency or person as the President may des- ‘‘(ii) In this subparagraph, the term ‘for- ful of harassment that many Muslim women ignate from time to time, and upon such eign intelligence information’ means— are changing the way they dress to avoid be- terms and conditions as the President may ‘‘(I) information, whether or not con- coming targets. prescribe, such interest or property shall be cerning a United States person, that relates

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to the ability of the United States to protect (1) IN GENERAL.—Notwithstanding any SEC. 206. ROVING SURVEILLANCE AUTHORITY against— other provision of law, it shall be lawful for UNDER THE FOREIGN INTEL- ‘‘(aa) actual or potential attack or other foreign intelligence or counterintelligence LIGENCE SURVEILLANCE ACT OF grave hostile acts of a foreign power or an (as defined section 3 of the National Security 1978. Section 105(c)(2)(B) of the Foreign Intel- agent of a foreign power; Act of 1947 (50 U.S.C. 401a)) or foreign intelligence Surveillance Act of 1978 (50 U.S.C. ‘‘(bb) sabotage or international terrorism ligence information obtained as part of a 1805(c)(2)(B)) is amended by inserting ‘‘, or in by a foreign power or an agent of a foreign criminal investigation to be disclosed to any circumstances where the Court finds that power; or Federal law enforcement, intelligence, pro- the actions of the target of the application ‘‘(cc) clandestine intelligence activities by tective, immigration, national defense, or may have the effect of thwarting the identi- an intelligence service or network of a for- national security official in order to assist fication of a specified person, such other per- eign power or by an agent of a foreign power; the official receiving that information in the sons,’’ after ‘‘specified person’’. or performance of his official duties. Any Fed- ‘‘(II) information, whether or not con- eral official who receives information pursu- SEC. 207. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS WHO cerning a United States person, with respect ant to this provision may use that informa- ARE AGENTS OF A FOREIGN POWER. to a foreign power or foreign territory that tion only as necessary in the conduct of that (a) DURATION .— relates to— person’s official duties subject to any limita- (1) SURVEILLANCE.—Section 105(d)(1) of the ‘‘(aa) the national defense or the security tions on the unauthorized disclosure of such Foreign Intelligence Surveillance Act of 1978 of the United States; or information. (50 U.S.C. 1805(d)(1)) is amended by— ‘‘(bb) the conduct of the foreign affairs of (2) DEFINITION.—In this subsection, the (A) inserting ‘‘(A)’’ after ‘‘except that’’; the United States.’’. term ‘‘foreign intelligence information’’ and (b) AUTHORITY TO SHARE ELECTRONIC, WIRE, means— (B) inserting before the period the fol- AND ORAL INTERCEPTION INFORMATION.— (A) information, whether or not concerning lowing: ‘‘, and (B) an order under this Act for (1) LAW ENFORCEMENT.—Section 2517 of a United States person, that relates to the a surveillance targeted against an agent of a title 18, United States Code, is amended by ability of the United States to protect foreign power, as defined in section 101(b)(A) inserting at the end the following: against— may be for the period specified in the appli- ‘‘(6) Any investigative or law enforcement (i) actual or potential attack or other officer, or attorney for the Government, who cation or for 120 days, whichever is less’’. grave hostile acts of a foreign power or an (2) PHYSICAL SEARCH.—Section 304(d)(1) of by any means authorized by this chapter, has agent of a foreign power; the Foreign Intelligence Surveillance Act of obtained knowledge of the contents of any (ii) sabotage or international terrorism by 1978 (50 U.S.C. 1824(d)(1)) is amended by— wire, oral, or electronic communication, or a foreign power or an agent of a foreign (A) striking ‘‘forty-five’’ and inserting evidence derived therefrom, may disclose power; or ‘‘90’’; such contents to any other Federal law en- (iii) clandestine intelligence activities by (B) inserting ‘‘(A)’’ after ‘‘except that’’; forcement, intelligence, protective, immi- an intelligence service or network of a for- gration, national defense, or national secu- and eign power or by an agent of a foreign power; (C) inserting before the period the fol- rity official to the extent that such contents or include foreign intelligence or counterintel- lowing: ‘‘, and (B) an order under this section (B) information, whether or not concerning for a physical search targeted against an ligence (as defined in section 3 of the Na- a United States person, with respect to a for- tional Security Act of 1947 (50 U.S.C. 401a)), agent of a foreign power as defined in section eign power or foreign territory that relates 101(b)(A) may be for the period specified in or foreign intelligence information (as de- to— fined in subsection (19) of section 2510 of this the application or for 120 days, whichever is (i) the national defense or the security of less’’. title), to assist the official who is to receive the United States; or that information in the performance of his (b) EXTENSION.— (ii) the conduct of the foreign affairs of the (1) IN GENERAL.—Section 105(d)(2) of the official duties. Any Federal official who re- United States. ceives information pursuant to this provi- Foreign Intelligence Surveillance Act of 1978 sion may use that information only as nec- SEC. 204. CLARIFICATION OF INTELLIGENCE EX- (50 U.S.C. 1805(d)(2)) is amended by— essary in the conduct of that person’s official CEPTIONS FROM LIMITATIONS ON (A) inserting ‘‘(A)’’ after ‘‘except that’’; duties subject to any limitations on the un- INTERCEPTION AND DISCLOSURE and authorized disclosure of such information.’’. OF WIRE, ORAL, AND ELECTRONIC (B) inserting before the period the fol- COMMUNICATIONS. (2) DEFINITION.—Section 2510 of title 18, lowing: ‘‘, and (B) an extension of an order United States Code, is amended by— Section 2511(2)(f) of title 18, United States under this Act for a surveillance targeted against an agent of a foreign power as de- (A) in paragraph (17), by striking ‘‘and’’ Code, is amended— fined in section 101(b)(1)(A) may be for a pe- after the semicolon; (1) by striking ‘‘this chapter or chapter riod not to exceed 1 year’’. (B) in paragraph (18), by striking the pe- 121’’ and inserting ‘‘this chapter or chapter (2) DEFINED TERM.—Section 304(d)(2) of the riod and inserting ‘‘; and’’; and 121 or 206 of this title’’; and Foreign Intelligence Surveillance Act of 1978 (C) by inserting at the end the following: (2) by striking ‘‘wire and oral’’ and insert- (50 U.S.C. 1824(d)(2) is amended by inserting ‘‘(19) ‘foreign intelligence information’ ing ‘‘wire, oral, and electronic’’. means— after ‘‘not a United States person,’’ the fol- ‘‘(A) information, whether or not con- SEC. 205. EMPLOYMENT OF TRANSLATORS BY lowing: ‘‘or against an agent of a foreign cerning a United States person, that relates THE FEDERAL BUREAU OF INVES- power as defined in section 101(b)(1)(A)’’. TIGATION. to the ability of the United States to protect SEC. 208. DESIGNATION OF JUDGES. against— (a) AUTHORITY.—The Director of the Fed- Section 103(a) of the Foreign Intelligence ‘‘(i) actual or potential attack or other eral Bureau of Investigation is authorized to Surveillance Act of 1978 (50 U.S.C. 1803(a)) is grave hostile acts of a foreign power or an expedite the employment of personnel as amended by— agent of a foreign power; translators to support counterterrorism in- (1) striking ‘‘seven district court judges’’ and inserting ‘‘11 district court judges’’; and ‘‘(ii) sabotage or international terrorism vestigations and operations without regard by a foreign power or an agent of a foreign (2) inserting ‘‘of whom no less than 3 shall to applicable Federal personnel requirements reside within 20 miles of the District of Co- power; or and limitations. ‘‘(iii) clandestine intelligence activities by lumbia’’ after ‘‘circuits’’. an intelligence service or network of a for- (b) SECURITY REQUIREMENTS.—The Director SEC. 209. SEIZURE OF VOICE-MAIL MESSAGES eign power or by an agent of a foreign power; of the Federal Bureau of Investigation shall PURSUANT TO WARRANTS. or establish such security requirements as are Title 18, United States Code, is amended— ‘‘(B) information, whether or not con- necessary for the personnel employed as (1) in section 2510— cerning a United States person, with respect translators under subsection (a). (A) in paragraph (1), by striking beginning to a foreign power or foreign territory that with ‘‘and such’’ and all that follows through (c) REPORT.—The Attorney General shall relates to— ‘‘communication’’; and ‘‘(i) the national defense or the security of report to the Committees on the Judiciary of (B) in paragraph (14), by inserting ‘‘wire the United States; or the House of Representatives and the Senate or’’ after ‘‘transmission of’’; and ‘‘(ii) the conduct of the foreign affairs of on— (2) in subsections (a) and (b) of section the United States.’’. (1) the number of translators employed by 2703— (c) PROCEDURES.—The Attorney General the FBI and other components of the Depart- (A) by striking ‘‘CONTENTS OF ELECTRONIC’’ shall establish procedures for the disclosure ment of Justice; and inserting ‘‘CONTENTS OF WIRE OR ELEC- of information pursuant to section 2517(6) (2) any legal or practical impediments to TRONIC’’ each place it appears; and Rule 6(e)(3)(C)(v) of the Federal Rules of using translators employed by other Federal, (B) by striking ‘‘contents of an electronic’’ Criminal Procedure that identifies a United State, or local agencies, on a full, part-time, and inserting ‘‘contents of a wire or elec- States person, as defined in section 101 of the or shared basis; and tronic’’ each place it appears; and Foreign Intelligence Surveillance Act of 1978 (3) the needs of the FBI for specific trans- (C) by striking ‘‘any electronic’’ and in- (50 U.S.C. 1801)). lation services in certain languages, and rec- serting ‘‘any wire or electronic’’ each place (d) FOREIGN INTELLIGENCE INFORMATION.— ommendations for meeting those needs. it appears.

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SEC. 210. SCOPE OF SUBPOENAS FOR RECORDS (E) by inserting after subsection (b) the (1) by inserting ‘‘(a) IN GENERAL.—’’ before OF ELECTRONIC COMMUNICATIONS. following: ‘‘In addition’’; and Section 2703(c)(2) of title 18, United States ‘‘(c) EXCEPTIONS FOR DISCLOSURE OF CUS- (2) by adding at the end the following: Code, as redesignated by section 212, is TOMER RECORDS.—A provider described in ‘‘(b) DELAY.—With respect to the issuance amended— subsection (a) may divulge a record or other of any warrant or court order under this sec- (1) by striking ‘‘entity the name, address, information pertaining to a subscriber to or tion, or any other rule of law, to search for local and long distance telephone toll billing customer of such service (not including the and seize any property or material that con- records, telephone number or other sub- contents of communications covered by sub- stitutes evidence of a criminal offense in vio- scriber number or identity, and length of section (a)(1) or (a)(2))— lation of the laws of the United States, any service of the subscriber’’ and inserting the ‘‘(1) as otherwise authorized in section notice required, or that may be required, to following: ‘‘entity the— 2703; be given may be delayed if— ‘‘(A) name; ‘‘(2) with the lawful consent of the cus- ‘‘(1) the court finds reasonable cause to be- ‘‘(B) address; tomer or subscriber; lieve that providing immediate notification ‘‘(C) local and long distance telephone con- ‘‘(3) as may be necessarily incident to the of the execution of the warrant may have an nection records, or records of session times rendition of the service or to the protection adverse result (as defined in section 2705); and durations; of the rights or property of the provider of ‘‘(2) the warrant prohibits the seizure of ‘‘(D) length of service (including start that service; any tangible property, any wire or electronic date) and types of service utilized; ‘‘(4) to a governmental entity, if the pro- communication (as defined in section 2510), ‘‘(E) telephone or instrument number or vider reasonably believes that an emergency or, except as expressly provided in chapter other subscriber number or identity, includ- involving immediate danger of death or seri- 121, any stored wire or electronic informa- ing any temporarily assigned network ad- ous physical injury to any person justifies tion, except where the court finds reasonable dress; and disclosure of the information; or necessity for the seizure; and ‘‘(F) means and source of payment (includ- ‘‘(5) to any person other than a govern- ‘‘(3) the warrant provides for the giving of ing any credit card or bank account num- mental entity.’’. such notice within a reasonable period of its ber), (2) TECHNICAL AND CONFORMING AMEND- execution, which period may thereafter be of a subscriber’’; and MENT.—The table of sections for chapter 121 extended by the court for good cause (2) by striking ‘‘and the types of services of title 18, United States Code, is amended by shown.’’. the subscriber or customer utilized,’’. striking the item relating to section 2702 and SEC. 214. PEN REGISTER AND TRAP AND TRACE SEC. 211. CLARIFICATION OF SCOPE. inserting the following: AUTHORITY UNDER FISA. Section 631 of the Communications Act of ‘‘2702. Voluntary disclosure of customer com- (a) APPLICATIONS AND ORDERS.—Section 402 1934 (47 U.S.C. 551) is amended— munications or records.’’. of the Foreign Intelligence Surveillance Act (1) in subsection (c)(2)— (b) REQUIREMENTS FOR GOVERNMENT AC- of 1978 (50 U.S.C. 1842) is amended— (A) in subparagraph (B), by striking ‘‘or’’; CESS.— (1) in subsection (a)(1), by striking ‘‘for any (B) in subparagraph (C), by striking the pe- (1) IN GENERAL.—Section 2703 of title 18, investigation to gather foreign intelligence riod at the end and inserting’’; or’’; and United States Code, is amended— information or information concerning (C) by inserting at the end the following: (A) by striking the section heading and in- international terrorism’’ and inserting ‘‘for ‘‘(D) authorized under chapters 119, 121, or serting the following: any investigation to protect against inter- 206 of title 18, United States Code, except national terrorism or clandestine intel- ‘‘§ 2703. Required disclosure of customer com- that such disclosure shall not include ligence activities, provided that such inves- munications or records’’; records revealing customer cable television tigation of a United States person is not con- viewing activity.’’; and (B) in subsection (c) by redesignating para- ducted solely upon the basis of activities (2) in subsection (h) by striking ‘‘A govern- graph (2) as paragraph (3); protected by the first amendment to the mental entity’’ and inserting ‘‘Except as pro- (C) in subsection (c)(1)— Constitution’’; vided in subsection (c)(2)(D), a governmental (i) by striking ‘‘(A) Except as provided in (2) by amending subsection (c)(2) to read as entity’’. subparagraph (B), a provider of electronic follows: SEC. 212. EMERGENCY DISCLOSURE OF ELEC- communication service or remote computing ‘‘(2) a certification by the applicant that TRONIC COMMUNICATIONS TO PRO- service may’’ and inserting ‘‘A governmental the information likely to be obtained is rel- TECT LIFE AND LIMB. entity may require a provider of electronic evant to an ongoing investigation to protect (a) DISCLOSURE OF CONTENTS.— communication service or remote computing against international terrorism or clandes- (1) IN GENERAL.—Section 2702 of title 18, service to’’; tine intelligence activities, provided that United States Code, is amended— (ii) by striking ‘‘covered by subsection (a) such investigation of a United States person (A) by striking the section heading and in- or (b) of this section) to any person other is not conducted solely upon the basis of ac- serting the following: than a governmental entity. tivities protected by the first amendment to ‘‘§ 2702. Voluntary disclosure of customer ‘‘(B) A provider of electronic communica- the Constitution.’’; communications or records’’; tion service or remote computing service (3) by striking subsection (c)(3); and (B) in subsection (a)— shall disclose a record or other information (4) by amending subsection (d)(2)(A) to (i) in paragraph (2)(A), by striking ‘‘and’’ pertaining to a subscriber to or customer of read as follows: at the end; such service (not including the contents of ‘‘(A) shall specify— (ii) in paragraph (2)(B), by striking the pe- communications covered by subsection (a) or ‘‘(i) the identity, if known, of the person riod and inserting ‘‘; and’’; and (b) of this section) to a governmental entity’’ who is the subject of the investigation; (iii) by inserting after paragraph (2) the and inserting ‘‘)’’; ‘‘(ii) the identity, if known, of the person following: (iii) by redesignating subparagraph (C) as to whom is leased or in whose name is listed ‘‘(3) a provider of remote computing serv- paragraph (2); the telephone line or other facility to which ice or electronic communication service to (iv) by redesignating clauses (i), (ii), (iii), the pen register or trap and trace device is to the public shall not knowingly divulge a and (iv) as subparagraphs (A), (B), (C), and be attached or applied; record or other information pertaining to a (D), respectively; ‘‘(iii) the attributes of the communications subscriber to or customer of such service (v) in subparagraph (D) (as redesignated) to which the order applies, such as the num- (not including the contents of communica- by striking the period and inserting ‘‘; or’’; ber or other identifier, and, if known, the lo- tions covered by paragraph (1) or (2)) to any and cation of the telephone line or other facility governmental entity.’’; (vi) by inserting after subparagraph (D) (as to which the pen register or trap and trace (C) in subsection (b), by striking ‘‘EXCEP- redesignated) the following: device is to be attached or applied and, in TIONS.—A person or entity’’ and inserting ‘‘(E) seeks information under paragraph the case of a trap and trace device, the geo- ‘‘EXCEPTIONS FOR DISCLOSURE OF COMMUNICA- (2).’’; and graphic limits of the trap and trace order.’’. TIONS.— A provider described in subsection (D) in paragraph (2) (as redesignated) by (b) AUTHORIZATION DURING EMERGENCIES.— (a)’’; striking ‘‘subparagraph (B)’’ and insert Section 403 of the Foreign Intelligence Sur- (D) in subsection (b)(6)— ‘‘paragraph (1)’’. veillance Act of 1978 (50 U.S.C. 1843) is (i) in subparagraph (A)(ii), by striking (2) TECHNICAL AND CONFORMING AMEND- amended— ‘‘or’’; MENT.—The table of sections for chapter 121 (1) in subsection (a), by striking ‘‘foreign (ii) in subparagraph (B), by striking the pe- of title 18, United States Code, is amended by intelligence information or information con- riod and inserting ‘‘; or’’; and striking the item relating to section 2703 and cerning international terrorism’’ and insert- (iii) by adding after subparagraph (B) the inserting the following: ing ‘‘information to protect against inter- following: ‘‘2703. Required disclosure of customer com- national terrorism or clandestine intel- ‘‘(C) if the provider reasonably believes munications or records.’’. ligence activities, provided that such inves- that an emergency involving immediate dan- SEC. 213. AUTHORITY FOR DELAYING NOTICE OF tigation of a United States person is not con- ger of death or serious physical injury to any THE EXECUTION OF A WARRANT. ducted solely upon the basis of activities person requires disclosure of the information Section 3103a of title 18, United States protected by the first amendment to the without delay.’’; and Code, is amended— Constitution’’; and

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(2) in subsection (b)(1), by striking ‘‘foreign House of Representatives and the Select (3) NONDISCLOSURE REQUIREMENTS.—Section intelligence information or information con- Committee on Intelligence of the Senate 3123(d)(2) of title 18, United States Code, is cerning international terrorism’’ and insert- concerning all requests for the production of amended— ing ‘‘information to protect against inter- tangible things under section 402. (A) by inserting ‘‘or other facility’’ after national terrorism or clandestine intel- ‘‘(b) On a semiannual basis, the Attorney ‘‘the line’’; and ligence activities, provided that such inves- General shall provide to the Committees on (B) by striking ‘‘, or who has been ordered tigation of a United States person is not con- the Judiciary of the House of Representa- by the court’’ and inserting ‘‘or applied, or ducted solely upon the basis of activities tives and the Senate a report setting forth who is obligated by the order’’. protected by the first amendment to the with respect to the preceding 6-month pe- (c) DEFINITIONS.— Constitution’’. riod— (1) COURT OF COMPETENT JURISDICTION.— ‘‘(1) the total number of applications made SEC. 215. ACCESS TO RECORDS AND OTHER Section 3127(2) of title 18, United States ITEMS UNDER THE FOREIGN INTEL- for orders approving requests for the produc- Code, is amended by striking subparagraph LIGENCE SURVEILLANCE ACT. tion of tangible things under section 402; and (A) and inserting the following: Title V of the Foreign Intelligence Surveil- ‘‘(2) the total number of such orders either ‘‘(A) any district court of the United lance Act of 1978 (50 U.S.C. 1861 et seq.) is granted, modified, or denied.’’. States (including a magistrate judge of such amended by striking sections 501 through 503 SEC. 216. MODIFICATION OF AUTHORITIES RE- a court) or any United States court of ap- and inserting the following: LATING TO USE OF PEN REGISTERS peals having jurisdiction over the offense AND TRAP AND TRACE DEVICES. ‘‘SEC. 501. ACCESS TO CERTAIN BUSINESS being investigated; or’’. (a) GENERAL LIMITATIONS.—Section 3121(c) RECORDS FOR FOREIGN INTEL- (2) PEN REGISTER.—Section 3127(3) of title LIGENCE AND INTERNATIONAL TER- of title 18, United States Code, is amended— (1) by inserting ‘‘or trap and trace device’’ 18, United States Code, is amended— RORISM INVESTIGATIONS. (A) by striking ‘‘electronic or other im- ‘‘(a)(1) The Director of the Federal Bureau after ‘‘pen register’’; pulses’’ and all that follows through ‘‘is at- of Investigation or a designee of the Director (2) by inserting ‘‘, routing, addressing,’’ tached’’ and inserting ‘‘dialing, routing, ad- (whose rank shall be no lower than Assistant after ‘‘dialing’’; and dressing, or signaling information trans- Special Agent in Charge) may make an ap- (3) by striking ‘‘call processing’’ and in- mitted by an instrument or facility from plication for an order requiring the produc- serting ‘‘the processing and transmitting of which a wire or electronic communication is tion of any tangible things (including books, wire or electronic communications so as not transmitted, provided, however, that such records, papers, documents, and other items) to include the contents of any wire or elec- information shall not include the contents of for an investigation to protect against inter- tronic communications’’. any communication’’; and national terrorism or clandestine intel- (b) ISSUANCE OF ORDERS.— (B) by inserting ‘‘or process’’ after ‘‘de- ligence activities, provided that such inves- (1) IN GENERAL.—Section 3123(a) of title 18, vice’’ each place it appears. tigation of a United States person is not con- United States Code, is amended to read as (3) TRAP AND TRACE DEVICE.—Section ducted solely upon the basis of activities follows: 3127(4) of title 18, United States Code, is protected by the first amendment to the ‘‘(a) IN GENERAL.— amended— Constitution. ‘‘(1) ATTORNEY FOR THE GOVERNMENT.— (A) by striking ‘‘of an instrument’’ and all ‘‘(2) An investigation conducted under this Upon an application made under section that follows through the semicolon and in- section shall— 3122(a)(1), the court shall enter an ex parte serting ‘‘or other dialing, routing, address- ‘‘(A) be conducted under guidelines ap- order authorizing the installation and use of ing, and signaling information reasonably proved by the Attorney General under Exec- a pen register or trap and trace device any- likely to identify the source of a wire or utive Order 12333 (or a successor order); and where within the United States, if the court electronic communication, provided, how- ‘‘(B) not be conducted of a United States finds that the attorney for the Government ever, that such information shall not include person solely upon the basis of activities pro- has certified to the court that the informa- the contents of any communication;’’; and tected by the first amendment to the Con- tion likely to be obtained by such installa- (B) by inserting ‘‘or process’’ after ‘‘a de- stitution of the United States. tion and use is relevant to an ongoing crimi- ‘‘(b) Each application under this section— nal investigation. The order, upon service of vice’’. ‘‘(1) shall be made to— that order, shall apply to any person or enti- (4) CONFORMING AMENDMENT.—Section ‘‘(A) a judge of the court established by ty providing wire or electronic communica- 3127(1) of title 18, United States Code, is section 103(a); or tion service in the United States whose as- amended— ‘‘(B) a United States Magistrate Judge sistance may facilitate the execution of the (A) by striking ‘‘and’’; and under chapter 43 of title 28, United States order. Whenever such an order is served on (B) by inserting ‘‘, and ‘contents’’’ after Code, who is publicly designated by the Chief any person or entity not specifically named ‘‘electronic communication service’’. Justice of the United States to have the in the order, upon request of such person or (5) TECHNICAL AMENDMENT.—Section 3124(d) power to hear applications and grant orders entity, the attorney for the Government or of title 18, United States Code, is amended by for the production of tangible things under law enforcement or investigative officer that striking ‘‘the terms of’’. this section on behalf of a judge of that is serving the order shall provide written or SEC. 217. INTERCEPTION OF COMPUTER TRES- court; and electronic certification that the order ap- PASSER COMMUNICATIONS. ‘‘(2) shall specify that the records con- plies to the person or entity being served. Chapter 119 of title 18, United States Code, cerned are sought for an authorized inves- ‘‘(2) STATE INVESTIGATIVE OR LAW ENFORCE- is amended— tigation conducted in accordance with sub- MENT OFFICER.—Upon an application made (1) in section 2510— section (a)(2) to protect against inter- under section 3122(a)(2), the court shall enter (A) in paragraph (17), by striking ‘‘and’’ at national terrorism or clandestine intel- an ex parte order authorizing the installa- the end; ligence activities. tion and use of a pen register or trap and (B) in paragraph (18), by striking the pe- ‘‘(c)(1) Upon an application made pursuant trace device within the jurisdiction of the riod and inserting a semicolon; and to this section, the judge shall enter an ex court, if the court finds that the State law (C) by inserting after paragraph (18) the parte order as requested, or as modified, ap- enforcement or investigative officer has cer- following: proving the release of records if the judge tified to the court that the information like- ‘‘(19) ‘protected computer’ has the meaning finds that the application meets the require- ly to be obtained by such installation and set forth in section 1030; and ments of this section. use is relevant to an ongoing criminal inves- ‘‘(20) ‘computer trespasser’— ‘‘(2) An order under this subsection shall tigation.’’. ‘‘(A) means a person who accesses a pro- not disclose that it is issued for purposes of (2) CONTENTS OF ORDER.—Section 3123(b)(1) tected computer without authorization and an investigation described in subsection (a). of title 18, United States Code, is amended— thus has no reasonable expectation of pri- ‘‘(d) No person shall disclose to any other (A) in subparagraph (A)— vacy in any communication transmitted to, person (other than those persons necessary (i) by inserting ‘‘or other facility’’ after through, or from the protected computer; to produce the tangible things under this ‘‘telephone line’’; and and section) that the Federal Bureau of Inves- (ii) by inserting before the semicolon at ‘‘(B) does not include a person known by tigation has sought or obtained tangible the end ‘‘or applied’’; and the owner or operator of the protected com- things under this section. (B) by striking subparagraph (C) and in- puter to have an existing contractual rela- ‘‘(e) A person who, in good faith, produces serting the following: tionship with the owner or operator of the tangible things under an order pursuant to ‘‘(C) the attributes of the communications protected computer for access to all or part this section shall not be liable to any other to which the order applies, including the of the protected computer.’’; and person for such production. Such production number or other identifier and, if known, the (2) in section 2511(2), by inserting at the shall not be deemed to constitute a waiver of location of the telephone line or other facil- end the following: any privilege in any other proceeding or con- ity to which the pen register or trap and ‘‘(i) It shall not be unlawful under this text. trace device is to be attached or applied, and, chapter for a person acting under color of ‘‘SEC. 502. CONGRESSIONAL OVERSIGHT. in the case of an order authorizing installa- law to intercept the wire or electronic com- ‘‘(a) On a semiannual basis, the Attorney tion and use of a trap and trace device under munications of a computer trespasser, if— General shall fully inform the Permanent subsection (a)(2), the geographic limits of ‘‘(i) the owner or operator of the protected Select Committee on Intelligence of the the order; and’’. computer authorizes the interception of the

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.056 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10313 computer trespasser’s communications on (2) a Foreign Terrorist Organization pursu- for example corrupt foreign government offi- the protected computer; ant to the Antiterrorism and Effective Death cials, particularly if those services include ‘‘(ii) the person acting under color of law is Penalty Act of 1996 (Public Law 104–132); the creation of offshore accounts and facili- lawfully engaged in an investigation; (3) a foreign organization, group, or person ties for large personal funds transfers to ‘‘(iii) the person acting under color of law designated pursuant to Executive Order 13224 channel funds into accounts around the has reasonable grounds to believe that the (September 23, 2001); globe; contents of the computer trespasser’s com- (4) any narcotics trafficking entity des- (8) United States anti-money laundering munications will be relevant to the inves- ignated pursuant to Executive Order 12978 efforts are impeded by outmoded and inad- tigation; and (October 21, 1995) or the Foreign Narcotics equate statutory provisions that make inves- ‘‘(iv) such interception does not acquire Kingpin Designation Act (Public Law 106– tigations, prosecutions, and forfeitures more communications other than those trans- 120); or difficult, particularly in cases in which mitted to or from the computer trespasser.’’. (5) any foreign organization, group, or per- money laundering involves foreign persons, SEC. 218. FOREIGN INTELLIGENCE INFORMA- sons subject to any restriction for its in- foreign banks, or foreign countries; TION. volvement in weapons of mass destruction or (9) the ability to mount effective counter- Sections 104(a)(7)(B) and section missile proliferation. measures to international money launderers 303(a)(7)(B) (50 U.S.C. 1804(a)(7)(B) and SEC. 222. ASSISTANCE TO LAW ENFORCEMENT requires national, as well as bilateral and 1823(a)(7)(B)) of the Foreign Intelligence Sur- AGENCIES. multilateral action, using tools specially de- veillance Act of 1978 are each amended by Nothing in this Act shall impose any addi- signed for that effort; and striking ‘‘the purpose’’ and inserting ‘‘a sig- tional technical obligation or requirement (10) the Basle Committee on Banking Reg- nificant purpose’’. on a provider of wire or electronic commu- ulation and Supervisory Practices and the SEC. 219. SINGLE-JURISDICTION SEARCH WAR- nication service or other person to furnish Financial Action Task Force on Money RANTS FOR TERRORISM. facilities or technical assistance. A provider Laundering, of both of which the United Rule 41(a) of the Federal Rules of Criminal of a wire or electronic communication serv- States is a member, have each adopted inter- Procedure is amended by inserting after ‘‘ex- ice, landlord, custodian, or other person who national anti-money laundering principles furnishes facilities or technical assistance ecuted’’ the following: ‘‘and (3) in an inves- and recommendations. tigation of domestic terrorism or inter- pursuant to section 216 shall be reasonably national terrorism (as defined in section 2331 compensated for such reasonable expendi- (b) PURPOSES.—The purposes of this title of title 18, United States Code), by a Federal tures incurred in providing such facilities or are— magistrate judge in any district in which ac- assistance. (1) to increase the strength of United tivities related to the terrorism may have TITLE III—INTERNATIONAL MONEY LAUN- States measures to prevent, detect, and pros- occurred, for a search of property or for a DERING ABATEMENT AND ANTI-TER- ecute international money laundering and person within or outside the district’’. RORIST FINANCING ACT OF 2001. the financing of terrorism; SEC. 220. NATIONWIDE SERVICE OF SEARCH WAR- (2) to ensure that— SEC. 301. SHORT TITLE. (A) banking transactions and financial re- RANTS FOR ELECTRONIC EVIDENCE. This title may be cited as the ‘‘Inter- lationships and the conduct of such trans- Chapter 121 of title 18, United States Code, national Money Laundering Abatement and actions and relationships, do not contravene is amended— Anti-Terrorist Financing Act of 2001’’. (1) in section 2703, by striking ‘‘under the the purposes of subchapter II of chapter 53 of SEC. 302. FINDINGS AND PURPOSES. title 31, United States Code, section 21 of the Federal Rules of Criminal Procedure’’ every (a) FINDINGS.—The Congress finds that— Federal Deposit Insurance Act, or chapter 2 place it appears and inserting ‘‘using the (1) money laundering, estimated by the of title I of Public Law 91–508 (84 Stat. 1116), procedures described in the Federal Rules of International Monetary Fund to amount to or facilitate the evasion of any such provi- Criminal Procedure by a court with jurisdic- between 2 and 5 percent of global gross do- sion; and tion over the offense under investigation’’; mestic product, which is at least (B) the purposes of such provisions of law and $600,000,000,000 annually, provides the finan- (2) in section 2711— cial fuel that permits transnational criminal continue to be fulfilled, and that such provi- (A) in paragraph (1), by striking ‘‘and’’; enterprises to conduct and expand their op- sions of law are effectively and efficiently (B) in paragraph (2), by striking the period erations to the detriment of the safety and administered; and inserting ‘‘; and’’; and security of American citizens; (3) to strengthen the provisions put into (C) by inserting at the end the following: (2) money laundering, and the defects in fi- place by the Money Laundering Control Act ‘‘(3) the term ‘court of competent jurisdic- nancial transparency on which money of 1986 (18 U.S.C. 981 note), especially with tion’ has the meaning assigned by section launderers rely, are critical to the financing respect to crimes by non-United States na- 3127, and includes any Federal court within of global terrorism and the provision of tionals and foreign financial institutions; that definition, without geographic limita- funds for terrorist attacks; (4) to provide a clear national mandate for tion.’’. (3) money launderers subvert legitimate fi- subjecting to special scrutiny those foreign SEC. 221. TRADE SANCTIONS. nancial mechanisms and banking relation- jurisdictions, financial institutions oper- (a) IN GENERAL.—The Trade Sanctions Re- ships by using them as protective covering ating outside of the United States, and class- form and Export Enhancement Act of 2000 for the movement of criminal proceeds and es of international transactions that pose (Public Law 106–387; 114 Stat. 1549A–67) is the financing of crime and terrorism, and, by particular, identifiable opportunities for amended— so doing, can threaten the safety of United criminal abuse; (1) by amending section 904(2)(C) to read as States citizens and undermine the integrity (5) to provide the Secretary of the Treas- follows: of United States financial institutions and of ury (in this title referred to as the ‘‘Sec- ‘‘(C) used to facilitate the design, develop- the global financial and trading systems retary’’) with broad discretion, subject to ment, or production of chemical or biologi- upon which prosperity and growth depend; the safeguards provided by the Administra- cal weapons, missiles, or weapons of mass de- (4) certain jurisdictions outside of the tive Procedures Act under title 5, United struction.’’; United States that offer ‘‘offshore’’ banking States Code, to take measures tailored to (2) in section 906(a)(1)— and related facilities designed to provide an- the particular money laundering problems (A) by inserting ‘‘, the Taliban or the terri- onymity, coupled with special tax advan- presented by specific foreign jurisdictions, fi- tory of Afghanistan controlled by the tages and weak financial supervisory and en- nancial institutions operating outside of the Taliban,’’ after ‘‘Cuba’’; and forcement regimes, provide essential tools to United States, and classes of international (B) by inserting ‘‘, or in the territory of Af- disguise ownership and movement of crimi- transactions; ghanistan controlled by the Taliban,’’ after nal funds, derived from, or used to commit, (6) to ensure that the employment of such ‘‘within such country’’; and offenses ranging from narcotics trafficking, measures by the Secretary permits appro- (3) in section 906(a)(2), by inserting ‘‘, or to terrorism, arms smuggling, and trafficking priate opportunity for comment by affected any other entity in Syria or North Korea’’ in human beings, to financial frauds that financial institutions; after ‘‘Korea’’. prey on law-abiding citizens; (7) to provide guidance to domestic finan- (b) APPLICATION OF THE TRADE SANCTIONS (5) transactions involving such offshore ju- cial institutions on particular foreign juris- REFORM AND EXPORT ENHANCEMENT ACT.— risdictions make it difficult for law enforce- dictions, financial institutions operating Nothing in the Trade Sanctions Reform and ment officials and regulators to follow the outside of the United States, and classes of Export Enhancement Act of 2000 shall limit trail of money earned by criminals, orga- international transactions that are of pri- the application or scope of any law estab- nized international criminal enterprises, and mary money laundering concern to the lishing criminal or civil penalties, including global terrorist organizations; United States Government; any executive order or regulation promul- (6) correspondent banking facilities are one (8) to ensure that the forfeiture of any as- gated pursuant to such laws (or similar or of the banking mechanisms susceptible in sets in connection with the anti-terrorist ef- successor laws), for the unlawful export of some circumstances to manipulation by for- forts of the United States permits for ade- any agricultural commodity, medicine, or eign banks to permit the laundering of funds quate challenge consistent with providing medical device to— by hiding the identity of real parties in in- due process rights; (1) a foreign organization, group, or person terest to financial transactions; (9) to clarify the terms of the safe harbor designated pursuant to Executive Order 12947 (7) private banking services can be suscep- from civil liability for filing suspicious ac- of June 25, 1995; tible to manipulation by money launderers, tivity reports;

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.056 pfrm01 PsN: S04PT1 S10314 CONGRESSIONAL RECORD — SENATE October 4, 2001 (10) to strengthen the authority of the Sec- ‘‘(A) subsection (b) may be imposed in such tion as the Secretary may determine, includ- retary to issue and administer geographic sequence or combination as the Secretary ing— targeting orders, and to clarify that viola- shall determine; ‘‘(i) the identity and address of the partici- tions of such orders or any other require- ‘‘(B) paragraphs (1) through (4) of sub- pants in a transaction or relationship, in- ment imposed under the authority contained section (b) may be imposed by regulation, cluding the identity of the originator of any in chapter 2 of title I of Public Law 91–508 order, or otherwise as permitted by law; and funds transfer; and subchapters II and III of chapter 53 of ‘‘(C) subsection (b)(5) may be imposed only ‘‘(ii) the legal capacity in which a partici- title 31, United States Code, may result in by regulation. pant in any transaction is acting; criminal and civil penalties; ‘‘(3) DURATION OF ORDERS; RULEMAKING.— ‘‘(iii) the identity of the beneficial owner (11) to ensure that all appropriate elements Any order by which a special measure de- of the funds involved in any transaction, in of the financial services industry are subject scribed in paragraphs (1) through (4) of sub- accordance with such procedures as the Sec- to appropriate requirements to report poten- section (b) is imposed (other than an order retary determines to be reasonable and prac- described in section 5326)— tial money laundering transactions to proper ticable to obtain and retain the information; ‘‘(A) shall be issued together with a notice authorities, and that jurisdictional disputes and of proposed rulemaking relating to the impo- do not hinder examination of compliance by ‘‘(iv) a description of any transaction. financial institutions with relevant report- sition of such special measure; and ‘‘(2) INFORMATION RELATING TO BENEFICIAL ing requirements; ‘‘(B) may not remain in effect for more OWNERSHIP.—In addition to any other re- (12) to fix responsibility for high level co- than 120 days, except pursuant to a rule promulgated on or before the end of the 120-day quirement under any other provision of law, ordination of the anti-money laundering ef- the Secretary may require any domestic fi- forts of the Department of the Treasury; period beginning on the date of issuance of such order. nancial institution or domestic financial (13) to strengthen the ability of financial agency to take such steps as the Secretary institutions to maintain the integrity of ‘‘(4) PROCESS FOR SELECTING SPECIAL MEAS- may determine to be reasonable and prac- their employee population; and URES.—In selecting which special measure or ticable to obtain and retain information con- (14) to strengthen measures to prevent the measures to take under this subsection, the cerning the beneficial ownership of any ac- use of the United States financial system for Secretary— count opened or maintained in the United personal gain by corrupt foreign officials and ‘‘(A) shall consult with the Chairman of States by a foreign person (other than a for- to facilitate the repatriation of any stolen the Board of Governors of the Federal Re- eign entity whose shares are subject to pub- assets to the citizens of countries to whom serve System, any other appropriate Federal lic reporting requirements or are listed and such assets belong. banking agency, as defined in section 3 of the Federal Deposit Insurance Act, the Securi- traded on a regulated exchange or trading SEC. 303. 4-YEAR CONGRESSIONAL REVIEW-EXPE- DITED CONSIDERATION. ties and Exchange Commission, the National market), or a representative of such a for- (a) IN GENERAL.—Effective on and after the Credit Union Administration Board, and in eign person, that involves a jurisdiction out- first day of fiscal year 2005, the provisions of the sole discretion of the Secretary such side of the United States, 1 or more financial this title and the amendments made by this other agencies and interested parties as the institutions operating outside of the United title shall terminate if the Congress enacts a Secretary may find to be appropriate; and States, 1 or more classes of transactions joint resolution, the text after the resolving ‘‘(B) shall consider— within, or involving, a jurisdiction outside of clause of which is as follows: ‘‘That provi- ‘‘(i) whether similar action has been or is the United States, or 1 or more types of ac- sions of the International Money Laundering being taken by other nations or multilateral counts if the Secretary finds any such juris- Abatement and Anti-Terrorist Financing Act groups; diction, institution, or transaction to be of of 2001, and the amendments made thereby, ‘‘(ii) whether the imposition of any par- primary money laundering concern. shall no longer have the force of law.’’. ticular special measure would create a sig- ‘‘(3) INFORMATION RELATING TO CERTAIN (b) EXPEDITED CONSIDERATION.—Any joint nificant competitive disadvantage, including PAYABLE-THROUGH ACCOUNTS.—If the Sec- resolution submitted pursuant to this sec- any undue cost or burden associated with retary finds a jurisdiction outside of the tion shall be considered in the Senate in ac- compliance, for financial institutions orga- United States, 1 or more financial institu- cordance with the provisions of section 601(b) nized or licensed in the United States; and tions operating outside of the United States, of the International Security Assistance and ‘‘(iii) the extent to which the action or the or 1 or more classes of transactions within, Arms Control Act of 1976. For the purpose of timing of the action would have a significant or involving, a jurisdiction outside of the expediting the consideration and enactment adverse systemic impact on the inter- United States to be of primary money laun- of a joint resolution under this section, a national payment, clearance, and settlement dering concern, the Secretary may require motion to proceed to the consideration of system, or on legitimate business activities any domestic financial institution or domes- any such joint resolution after it has been involving the particular jurisdiction, institu- tic financial agency that opens or maintains reported by the appropriate committee, shall tion, or class of transactions. a payable-through account in the United be treated as highly privileged in the House ‘‘(5) NO LIMITATION ON OTHER AUTHORITY.— States for a foreign financial institution in- of Representatives. This section shall not be construed as super- volving any such jurisdiction or any such fi- seding or otherwise restricting any other au- Subtitle A—International Counter Money nancial institution operating outside of the thority granted to the Secretary, or to any Laundering and Related Measures United States, or a payable through account other agency, by this subchapter or other- through which any such transaction may be SEC. 311. SPECIAL MEASURES FOR JURISDIC- wise. TIONS, FINANCIAL INSTITUTIONS, conducted, as a condition of opening or ‘‘(b) SPECIAL MEASURES.—The special maintaining such account— OR INTERNATIONAL TRANSACTIONS measures referred to in subsection (a), with OF PRIMARY MONEY LAUNDERING ‘‘(A) to identify each customer (and rep- CONCERN. respect to a jurisdiction outside of the United States, financial institution oper- resentative of such customer) of such finan- (a) IN GENERAL.—Subchapter II of chapter cial institution who is permitted to use, or 53 of title 31, United States Code, is amended ating outside of the United States, class of transaction within, or involving, a jurisdic- whose transactions are routed through, such by inserting after section 5318 the following payable-through account; and new section: tion outside of the United States, or 1 or more types of accounts are as follows: ‘‘(B) to obtain, with respect to each such ‘‘SEC. 5318A. SPECIAL MEASURES FOR JURISDIC- ‘‘(1) RECORDKEEPING AND REPORTING OF CER- customer (and each such representative), in- TIONS, FINANCIAL INSTITUTIONS, formation that is substantially comparable OR INTERNATIONAL TRANSACTIONS TAIN FINANCIAL TRANSACTIONS.— OF PRIMARY MONEY LAUNDERING ‘‘(A) IN GENERAL.—The Secretary may re- to that which the depository institution ob- CONCERN. quire any domestic financial institution or tains in the ordinary course of business with ‘‘(a) INTERNATIONAL COUNTER-MONEY LAUN- domestic financial agency to maintain respect to its customers residing in the DERING REQUIREMENTS.— records, file reports, or both, concerning the United States. ‘‘(1) IN GENERAL.—The Secretary may re- aggregate amount of transactions, or con- ‘‘(4) INFORMATION RELATING TO CERTAIN COR- quire domestic financial institutions and do- cerning each transaction, with respect to a RESPONDENT ACCOUNTS.—If the Secretary mestic financial agencies to take 1 or more jurisdiction outside of the United States, 1 finds a jurisdiction outside of the United of the special measures described in sub- or more financial institutions operating out- States, 1 or more financial institutions oper- section (b) if the Secretary finds that reason- side of the United States, 1 or more classes ating outside of the United States, or 1 or able grounds exist for concluding that a ju- of transactions within, or involving, a juris- more classes of transactions within, or in- risdiction outside of the United States, 1 or diction outside of the United States, or 1 or volving, a jurisdiction outside of the United more financial institutions operating outside more types of accounts if the Secretary finds States to be of primary money laundering of the United States, 1 or more classes of any such jurisdiction, institution, or class of concern, the Secretary may require any do- transactions within, or involving, a jurisdic- transactions to be of primary money laun- mestic financial institution or domestic fi- tion outside of the United States, or 1 or dering concern. nancial agency that opens or maintains a more types of accounts is of primary money ‘‘(B) FORM OF RECORDS AND REPORTS.—Such correspondent account in the United States laundering concern, in accordance with sub- records and reports shall be made and re- for a foreign financial institution involving section (c). tained at such time, in such manner, and for any such jurisdiction or any such financial ‘‘(2) FORM OF REQUIREMENT.—The special such period of time, as the Secretary shall institution operating outside of the United measures described in— determine, and shall include such informa- States, or a correspondent account through

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.056 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10315 which any such transaction may be con- ‘‘(vi) whether the United States has a mu- and a credit account or other extension of ducted, as a condition of opening or main- tual legal assistance treaty with that juris- credit. taining such account— diction, and the experience of United States ‘‘(B) CORRESPONDENT ACCOUNT.—The term ‘‘(A) to identify each customer (and rep- law enforcement officials, regulatory offi- ‘correspondent account’ means an account resentative of such customer) of any such fi- cials, and tax administrators in obtaining in- established to receive deposits from, make nancial institution who is permitted to use, formation about transactions originating in payments on behalf of a foreign financial in- or whose transactions are routed through, or routed through or to such jurisdiction; stitution, or handle other financial trans- such correspondent account; and and actions related to such institution. ‘‘(B) to obtain, with respect to each such ‘‘(vii) the extent to which that jurisdiction ‘‘(C) PAYABLE-THROUGH ACCOUNT.—The customer (and each such representative), in- is characterized by high levels of official or term ‘payable-through account’ means an ac- formation that is substantially comparable institutional corruption. count, including a transaction account (as to that which the depository institution ob- ‘‘(B) INSTITUTIONAL FACTORS.—In the case defined in section 19(b)(1)(C) of the Federal tains in the ordinary course of business with of a decision to apply 1 or more of the special Reserve Act), opened at a depository institu- respect to its customers residing in the measures described in subsection (b) only to tion by a foreign financial institution by United States. a financial institution or institutions, or to means of which the foreign financial institu- ‘‘(5) PROHIBITIONS OR CONDITIONS ON OPEN- a transaction or class of transactions, or to tion permits its customers to engage, either ING OR MAINTAINING CERTAIN CORRESPONDENT a type of account, or to all 3, within or indirectly or through a subaccount, in banking OR PAYABLE-THROUGH ACCOUNTS.—If the Sec- volving a particular jurisdiction— activities usual in connection with the busi- retary finds a jurisdiction outside of the ‘‘(i) the extent to which such financial in- ness of banking in the United States. United States, 1 or more financial institu- stitutions, transactions, or types of accounts ‘‘(2) DEFINITIONS APPLICABLE TO INSTITU- tions operating outside of the United States, are used to facilitate or promote money TIONS OTHER THAN BANKS.—With respect to or 1 or more classes of transactions within, laundering in or through the jurisdiction; any financial institution other than a bank, or involving, a jurisdiction outside of the ‘‘(ii) the extent to which such institutions, the Secretary shall, after consultation with United States to be of primary money laun- transactions, or types of accounts are used the Securities and Exchange Commission, dering concern, the Secretary, in consulta- for legitimate business purposes in the juris- define by regulation the term ‘account’, and tion with the Secretary of State, the Attor- diction; and shall include within the meaning of that ney General, and the Chairman of the Board ‘‘(iii) the extent to which such action is term, to the extent, if any, that the Sec- of Governors of the Federal Reserve System, sufficient to ensure, with respect to trans- retary deems appropriate, arrangements may prohibit, or impose conditions upon, the actions involving the jurisdiction and insti- similar to payable-through and cor- opening or maintaining in the United States tutions operating in the jurisdiction, that respondent accounts. of a correspondent account or payable- the purposes of this subchapter continue to ‘‘(3) REGULATORY DEFINITION.—The Sec- through account by any domestic financial be fulfilled, and to guard against inter- retary shall promulgate regulations defining institution or domestic financial agency for national money laundering and other finan- beneficial ownership of an account for pur- or on behalf of a foreign banking institution, cial crimes. poses of this section. Such regulations shall if such correspondent account or payable- ‘‘(d) NOTIFICATION OF SPECIAL MEASURES address issues related to an individual’s au- through account involves any such jurisdic- INVOKED BY THE SECRETARY.—Not later than thority to fund, direct, or manage the action or institution, or if any such trans- 10 days after the date of any action taken by count (including, without limitation, the action may be conducted through such cor- the Secretary under subsection (a)(1), the power to direct payments into or out of the respondent account or payable-through ac- Secretary shall notify, in writing, the Com- account), and an individual’s material inter- count. mittee on Financial Services of the House of est in the income or corpus of the account, ‘‘(c) CONSULTATIONS AND INFORMATION TO Representatives and the Committee on and shall ensure that the identification of in- BE CONSIDERED IN FINDING JURISDICTIONS, IN- Banking, Housing, and Urban Affairs of the dividuals under this section does not extend STITUTIONS, TYPES OF ACCOUNTS, OR TRANS- Senate of any such action. to any individual whose beneficial interest ACTIONS TO BEOFPRIMARY MONEY LAUN- ‘‘(e) STUDY AND REPORT ON FOREIGN NA- in the income or corpus of the account is im- DERING CONCERN.— TIONALS.— material.’’. ‘‘(1) IN GENERAL.—In making a finding that ‘‘(1) STUDY.—The Secretary, in consulta- ‘‘(4) OTHER TERMS.—The Secretary may, by reasonable grounds exist for concluding that tion with the appropriate Federal agencies, regulation, further define the terms in para- a jurisdiction outside of the United States, 1 including the Federal banking agencies (as graphs (1) and (2) and define other terms for or more financial institutions operating out- defined in section 3 of the Federal Deposit the purposes of this section, as the Secretary side of the United States, 1 or more classes Insurance Act), shall conduct a study to— deems appropriate.’’. of transactions within, or involving, a juris- ‘‘(A) determine the most timely and effec- (b) CLERICAL AMENDMENT.—The table of diction outside of the United States, or 1 or tive way to require foreign nationals to pro- sections for subchapter II of chapter 53 of more types of accounts is of primary money vide domestic financial institutions and title 31, United States Code, is amended by laundering concern so as to authorize the agencies with appropriate and accurate in- inserting after the item relating to section Secretary to take 1 or more of the special formation, comparable to that which is re- 5318 the following new item: measures described in subsection (b), the quired of United States nationals, con- ‘‘5318A. Special measures for jurisdictions, Secretary shall consult with the Secretary of cerning their identity, address, and other re- financial institutions, or inter- State, and the Attorney General. lated information necessary to enable such national transactions of pri- ‘‘(2) ADDITIONAL CONSIDERATIONS.—In mak- institutions and agencies to comply with the mary money laundering con- ing a finding described in paragraph (1), the reporting, information gathering, and other cern.’’. Secretary shall consider in addition such in- requirements of this section; and SEC. 312. SPECIAL DUE DILIGENCE FOR COR- formation as the Secretary determines to be ‘‘(B) consider the need for requiring foreign RESPONDENT ACCOUNTS AND PRI- relevant, including the following potentially nationals to apply for and obtain an identi- VATE BANKING ACCOUNTS. relevant factors: fication number, similar to what is required (a) IN GENERAL.—Section 5318 of title 31, ‘‘(A) JURISDICTIONAL FACTORS.—In the case for United States citizens through a social United States Code, is amended by adding at of a particular jurisdiction— security number or tax identification num- the end the following: ‘‘(i) evidence that organized criminal ber, prior to opening an account with a do- ‘‘(i) DUE DILIGENCE FOR UNITED STATES groups, international terrorists, or both, mestic financial institution. PRIVATE BANKING AND CORRESPONDENT BANK have transacted business in that jurisdic- ‘‘(2) REPORT.—The Secretary shall report ACCOUNTS INVOLVING FOREIGN PERSONS.— tion; to Congress not later than 180 days after the ‘‘(1) IN GENERAL.—Each financial institu- (ii) the extent to which that jurisdiction or date of enactment of this section with rection that establishes, maintains, admin- financial institutions operating in that juris- ommendations for implementing such action isters, or manages a private banking account diction offer bank secrecy or special tax or referred to in paragraph (1) in a timely and or a correspondent account in the United regulatory advantages to nonresidents or effective manner. States for a non-United States person, in- nondomiciliaries of that jurisdiction; ‘‘(f) DEFINITIONS.—Notwithstanding any cluding a foreign individual visiting the ‘‘(iii) the substance and quality of adminis- other provision of this subchapter, for pur- United States, or a representative of a non- tration of the bank supervisory and counter- poses of this section, the following defini- United States person shall establish appro- money laundering laws of that jurisdiction; tions shall apply: priate, specific, and, where necessary, en- ‘‘(iv) the relationship between the volume ‘‘(1) BANK DEFINITIONS.—The following defi- hanced, due diligence policies, procedures, of financial transactions occurring in that nitions shall apply with respect to a bank: and controls to detect and report instances jurisdiction and the size of the economy of ‘‘(A) ACCOUNT.—The term ‘account’— of money laundering through those accounts. the jurisdiction; ‘‘(i) means a formal banking or business re- ‘‘(2) MINIMUM STANDARDS FOR COR- ‘‘(v) the extent to which that jurisdiction lationship established to provide regular RESPONDENT ACCOUNTS.— is characterized as a tax haven or offshore services, dealings, and other financial trans- ‘‘(A) IN GENERAL.—Subparagraph (B) shall banking or secrecy haven by credible inter- actions; and apply if a correspondent account is requested national organizations or multilateral ex- ‘‘(ii) includes a demand deposit, savings de- or maintained by, or on behalf of, a foreign pert groups; posit, or other transaction or asset account bank operating—

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‘‘(i) under an offshore banking license; or ‘‘(j) PROHIBITION ON UNITED STATES COR- sistent with the capacity, size, and nature of ‘‘(ii) under a banking license issued by a RESPONDENT ACCOUNTS WITH FOREIGN SHELL the institution to which the particular pro- foreign country that has been designated— BANKS.— cedures apply. ‘‘(I) as noncooperative with international ‘‘(1) IN GENERAL.—A financial institution (3) RULE OF CONSTRUCTION.—The receipt of anti-money laundering principles or proce- described in subparagraphs (A) through (F) information by a financial institution pursu- dures by an intergovernmental group or or- of section 5312(a)(2) (in this subsection re- ant to this section shall not relieve or other- ganization of which the United States is a ferred to as a ‘covered financial institution’) wise modify the obligations of the financial member; or shall not establish, maintain, administer, or institution with respect to any other person ‘‘(II) by the Secretary as warranting spe- manage a correspondent account in the or account. cial measures due to money laundering con- United States for, or on behalf of, a foreign (4) USE OF INFORMATION.—Information re- cerns. bank that does not have a physical presence ceived by a financial institution pursuant to ‘‘(B) POLICIES, PROCEDURES, AND CON- in any country. this section shall not be used for any purpose TROLS.—The enhanced due diligence policies, ‘‘(2) PREVENTION OF INDIRECT SERVICE TO other than identifying and reporting on ac- procedures, and controls required under FOREIGN SHELL BANKS.—A covered financial tivities that may involve terrorist acts or paragraph (1) shall, at a minimum, ensure institution shall take reasonable steps to en- money laundering activities. that the financial institution in the United sure that any correspondent account estab- (b) COOPERATION AMONG FINANCIAL INSTITU- States takes reasonable steps— lished, maintained, administered, or man- TIONS.—Upon notice provided to the Sec- ‘‘(i) to ascertain for any such foreign bank, aged by that covered financial institution in retary, 2 or more financial institutions and the shares of which are not publicly traded, the United States for a foreign bank is not any association of financial institutions may the identity of each of the owners of the for- being used by that foreign bank to indirectly share information with one another regard- eign bank, and the nature and extent of the provide banking services to another foreign ing individuals, entities, organizations, and ownership interest of each such owner; bank that does not have a physical presence countries suspected of possible terrorist or money laundering activities. A financial in- ‘‘(ii) to conduct enhanced scrutiny of such in any country. The Secretary shall, by regu- stitution or association that transmits, re- account to guard against money laundering lation, delineate the reasonable steps nec- ceives, or shares such information for the and report any suspicious transactions under essary to comply with this paragraph. purposes of identifying and reporting activi- section 5318(g); and ‘‘(3) EXCEPTION.—Paragraphs (1) and (2) do not prohibit a covered financial institution ties that may involve terrorist acts or ‘‘(iii) to ascertain whether such foreign money laundering activities shall not be lia- bank provides correspondent accounts to from providing a correspondent account to a foreign bank, if the foreign bank— ble to any person under any law or regula- other foreign banks and, if so, the identity of tion of the United States, any constitution, those foreign banks and related due diligence ‘‘(A) is an affiliate of a depository institution, credit union, or foreign bank that law, or regulation of any State or political information, as appropriate under paragraph subdivision thereof, or under any contract or (1). maintains a physical presence in the United States or a foreign country, as applicable; other legally enforceable agreement (includ- ‘‘(3) MINIMUM STANDARDS FOR PRIVATE and ing any arbitration agreement), for such dis- BANKING ACCOUNTS.—If a private banking ac- ‘‘(B) is subject to supervision by a banking closure or for any failure to provide notice of count is requested or maintained by, or on authority in the country regulating the af- such disclosure to the person who is the sub- behalf of, a non-United States person, then filiated depository institution, credit union, ject of such disclosure, or any other person the due diligence policies, procedures, and or foreign bank described in subparagraph identified in the disclosure, except where controls required under paragraph (1) shall, (A), as applicable. such transmission, receipt, or sharing vio- at a minimum, ensure that the financial in- ‘‘(4) DEFINITIONS.—For purposes of this sub- lates this section or regulations promulgated stitution takes reasonable steps— section— pursuant to this section. ‘‘(A) to ascertain the identity of the nomi- (c) RULE OF CONSTRUCTION.—Compliance ‘‘(A) the term ‘affiliate’ means a foreign nal and beneficial owners of, and the source with the provisions of this title requiring or bank that is controlled by or is under com- allowing financial institutions and any asso- of funds deposited into, such account as mon control with a depository institution, ciation of financial institutions to disclose needed to guard against money laundering credit union, or foreign bank; and or share information regarding individuals, and report any suspicious transactions under ‘‘(B) the term ‘physical presence’ means a entities, and organizations engaged in or sus- section 5318(g); and place of business that— pected of engaging in terrorist acts or money ‘‘(B) to conduct enhanced scrutiny of any ‘‘(i) is maintained by a foreign bank; such account that is requested or maintained laundering activities shall not constitute a ‘‘(ii) is located at a fixed address (other violation of the provisions of title V of the by, or on behalf of, a senior foreign political than solely an electronic address) in a coun- figure, or any immediate family member or Gramm-Leach-Bliley Act (Public Law 106– try in which the foreign bank is authorized 102). close associate of a senior foreign political to conduct banking activities, at which loca- figure, to prevent, detect, and report trans- SEC. 315. INCLUSION OF FOREIGN CORRUPTION tion the foreign bank— OFFENSES AS MONEY LAUNDERING actions that may involve the proceeds of for- ‘‘(I) employs 1 or more individuals on a eign corruption. CRIMES. full-time basis; and Section 1956(c)(7)(B) of title 18, United ‘‘(4) DEFINITIONS AND REGULATORY AUTHOR- ‘‘(II) maintains operating records related States Code, is amended— ITY.— to its banking activities; and (1) in clause (ii), by striking ‘‘or destruc- ‘‘(A) OFFSHORE BANKING LICENSE.—For pur- ‘‘(iii) is subject to inspection by the bank- tion of property by means of explosive or poses of this subsection, the term ‘offshore ing authority which licensed the foreign fire’’ and inserting ‘‘destruction of property banking license’ means a license to conduct bank to conduct banking activities.’’. by means of explosive or fire, or a crime of banking activities which, as a condition of SEC. 314. COOPERATIVE EFFORTS TO DETER violence (as defined in section 16)’’; the license, prohibits the licensed entity MONEY LAUNDERING. (2) in clause (iii), by striking ‘‘1978’’ and in- from conducting banking activities with the (a) COOPERATION AMONG FINANCIAL INSTITU- serting ‘‘1978)’’; and citizens of, or with the local currency of, the TIONS, REGULATORY AUTHORITIES, AND LAW (3) by adding at the end the following: country which issued the license. ENFORCEMENT AUTHORITIES.— ‘‘(iv) bribery of a public official, or the ‘‘(B) REGULATORY AUTHORITY.—The Sec- (1) REGULATIONS.—The Secretary shall, misappropriation, theft, or embezzlement of retary, in consultation with the appropriate within 120 days after the date of enactment public funds by or for the benefit of a public functional regulators of the affected finan- of this Act, adopt regulations to encourage official; cial institutions, may further delineate, by further cooperation among financial institu- ‘‘(v) smuggling or export control violations regulation the due diligence policies, proce- tions, their regulatory authorities, and law involving— dures, and controls required under paragraph enforcement authorities, with the specific ‘‘(I) an item controlled on the United (1).’’. purpose of encouraging regulatory authori- States Munitions List established under sec- (b) EFFECTIVE DATE.—The amendments ties and law enforcement authorities to tion 38 of the Arms Export Control Act (22 made by this section shall take effect begin- share with financial institutions information U.S.C. 2778); or ning 180 days after the date of enactment of regarding individuals, entities, and organiza- ‘‘(II) an item controlled under regulations this Act with respect to accounts covered by tions engaged in or reasonably suspected under the Export Administration Act of 1977 section 5318(i) of title 31, United States Code, based on credible evidence of engaging in (15 C.F.R. Parts 730–774); as added by this section, that are opened be- terrorist acts or money laundering activi- ‘‘(vi) an offense with respect to which the fore, on, or after the date of enactment of ties. United States would be obligated by a multi- this Act. (2) CONTENTS.—The regulations promul- lateral treaty, either to extradite the alleged gated pursuant to paragraph (1) may— offender or to submit the case for prosecu- SEC. 313. PROHIBITION ON UNITED STATES COR- (A) require that each financial institution tion, if the offender were found within the RESPONDENT ACCOUNTS WITH FOR- designate 1 or more persons to receive infor- territory of the United States; or EIGN SHELL BANKS. mation concerning, and to monitor accounts ‘‘(vii) the misuse of funds of, or provided (a) IN GENERAL.—Section 5318 of title 31, of individuals, entities, and organizations by, the International Monetary Fund in con- United States Code, is amended by inserting identified, pursuant to paragraph (1); and travention of the Articles of Agreement of after section 5318(i), as added by section 312 (B) further establish procedures for the the Fund or the misuse of funds of, or proof this title, the following: protection of the shared information, con- vided by, any other international financial

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.057 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10317 institution (as defined in section 1701(c)(2) of satisfy a judgment under this section or sec- able to the funds that were deposited into the International Financial Institutions Act tion 981, 982, or 1957, including an order of the foreign bank, nor shall it be necessary (22 U.S.C. 262r(c)(2)) in contravention of any restitution to any victim of a specified unfor the Government to rely on the applica- treaty or other international agreement to lawful activity. tion of section 984. which the United States is a party, including ‘‘(B) APPOINTMENT AND AUTHORITY.—A Fed- ‘‘(3) CLAIMS BROUGHT BY OWNER OF THE any articles of agreement of the members of eral Receiver described in subparagraph FUNDS.—If a forfeiture action is instituted the international financial institution;’’. (A)— against funds restrained, seized, or arrested SEC. 316. ANTI-TERRORIST FORFEITURE PROTEC- ‘‘(i) may be appointed upon application of under paragraph (1), the owner of the funds TION. a Federal prosecutor or a Federal or State deposited into the account at the foreign (a) RIGHT TO CONTEST.—An owner of prop- regulator, by the court having jurisdiction bank may contest the forfeiture by filing a erty that is confiscated under any provision over the defendant in the case; claim under section 983. of law relating to the confiscation of assets ‘‘(ii) shall be an officer of the court, and ‘‘(4) DEFINITIONS.—For purposes of this sub- of suspected international terrorists, may the powers of the Federal Receiver shall in- section, the following definitions shall apply: contest that confiscation by filing a claim in clude the powers set out in section 754 of ‘‘(A) INTERBANK ACCOUNT.—The term ‘inter- the manner set forth in the Federal Rules of title 28, United States Code; and bank account’ has the same meaning as in Civil Procedure (Supplemental Rules for Cer- ‘‘(iii) shall have standing equivalent to section 984(c)(2)(B). tain Admiralty and Maritime Claims), and that of a Federal prosecutor for the purpose ‘‘(B) OWNER.— asserting as an affirmative defense that— of submitting requests to obtain information ‘‘(i) IN GENERAL.—Except as provided in (1) the property is not subject to confisca- regarding the assets of the defendant— clause (ii), the term ‘owner’— tion under such provision of law; or ‘‘(I) from the Financial Crimes Enforce- ‘‘(I) means the person who was the owner, (2) the innocent owner provisions of sec- ment Network of the Department of the as that term is defined in section 983(d)(6), of tion 983(d) of title 18, United States Code, Treasury; or the funds that were deposited into the for- apply to the case. ‘‘(II) from a foreign country pursuant to a eign bank at the time such funds were depos- (b) EVIDENCE.—In considering a claim filed mutual legal assistance treaty, multilateral ited; and under this section, the Government may rely agreement, or other arrangement for inter- ‘‘(II) does not include either the foreign on evidence that is otherwise inadmissible national law enforcement assistance, pro- bank or any financial institution acting as under the Federal Rules of Evidence, if a vided that such requests are in accordance an intermediary in the transfer of the funds court determines that such reliance is nec- with the policies and procedures of the At- into the interbank account. essary to protect the national security inter- torney General.’’. ‘‘(ii) EXCEPTION.—The foreign bank may be ests of the United States. SEC. 318. LAUNDERING MONEY THROUGH A FOR- considered the ‘owner’ of the funds (and no (c) OTHER REMEDIES.—Nothing in this sec- EIGN BANK. other person shall qualify as the owner of tion shall limit or otherwise affect any other Section 1956(c) of title 18, United States such funds) only if— remedies that may be available to an owner Code, is amended by striking paragraph (6) ‘‘(I) the basis for the forfeiture action is of property under section 983 of title 18, and inserting the following: wrongdoing committed by the foreign bank; United States Code, or any other provision of ‘‘(6) the term ‘financial institution’ in- or law. cludes— ‘‘(II) the foreign bank establishes, by a pre- SEC. 317. LONG-ARM JURISDICTION OVER FOR- ‘‘(A) any financial institution, as defined ponderance of the evidence, that prior to the EIGN MONEY LAUNDERERS. in section 5312(a)(2) of title 31, United States restraint, seizure, or arrest of the funds, the Section 1956(b) of title 18, United States Code, or the regulations promulgated there- foreign bank had discharged all or part of its Code, is amended— under; and obligation to the prior owner of the funds, in (1) by redesignating paragraphs (1) and (2) ‘‘(B) any foreign bank, as defined in section which case the foreign bank shall be deemed as subparagraphs (A) and (B), respectively, 1 of the International Banking Act of 1978 (12 the owner of the funds to the extent of such and moving the margins 2 ems to the right; U.S.C. 3101).’’. discharged obligation.’’. (2) by inserting after ‘‘(b)’’ the following: SEC. 319. FORFEITURE OF FUNDS IN UNITED (b) BANK RECORDS.—Section 5318 of title 31, ‘‘PENALTIES.— STATES INTERBANK ACCOUNTS. United States Code, is amended by adding at ‘‘(1) IN GENERAL.—’’; (a) FORFEITURE FROM UNITED STATES the end the following: (3) by inserting ‘‘, or section 1957’’ after ‘‘or INTERBANK ACCOUNT.—Section 981 of title 18, ‘‘(k) BANK RECORDS RELATED TO ANTI- (a)(3)’’; and United States Code, is amended by adding at MONEY LAUNDERING PROGRAMS.— (4) by adding at the end the following: the end the following: ‘‘(1) DEFINITIONS.—For purposes of this sub- ‘‘(2) JURISDICTION OVER FOREIGN PERSONS.— ‘‘(k) INTERBANK ACCOUNTS.— section, the following definitions shall apply: For purposes of adjudicating an action filed ‘‘(1) IN GENERAL.— ‘‘(A) APPROPRIATE FEDERAL BANKING AGEN- or enforcing a penalty ordered under this ‘‘(A) IN GENERAL.—For the purpose of a for- CY.—The term ‘appropriate Federal banking section, the district courts shall have juris- feiture under this section or under the Con- agency’ has the same meaning as in section diction over any foreign person, including trolled Substances Act (21 U.S.C. 801 et seq.), 3 of the Federal Deposit Insurance Act (12 any financial institution authorized under if funds are deposited into an account at a U.S.C. 1813). the laws of a foreign country, against whom foreign bank, and that foreign bank has an ‘‘(B) INCORPORATED TERMS.—The terms the action is brought, if service of process interbank account in the United States with ‘correspondent account’, ‘covered financial upon the foreign person is made under the a covered financial institution (as defined in institution’, and ‘foreign bank’ have the Federal Rules of Civil Procedure or the laws section 5318A of title 31), the funds shall be same meanings as in section 5318A. of the country in which the foreign person is deemed to have been deposited into the ‘‘(2) 120-HOUR RULE.—Not later than 120 found, and— interbank account in the United States, and hours after receiving a request by an appro- ‘‘(A) the foreign person commits an offense any restraining order, seizure warrant, or ar- priate Federal banking agency for informa- under subsection (a) involving a financial rest warrant in rem regarding the funds may tion related to anti-money laundering com- transaction that occurs in whole or in part be served on the covered financial institu- pliance by a covered financial institution or in the United States; tion, and funds in the interbank account, up a customer of such institution, a covered fi- ‘‘(B) the foreign person converts, to his or to the value of the funds deposited into the nancial institution shall provide to the ap- her own use, property in which the United account at the foreign bank, may be re- propriate Federal banking agency, or make States has an ownership interest by virtue of strained, seized, or arrested. available at a location specified by the rep- the entry of an order of forfeiture by a court ‘‘(B) AUTHORITY TO SUSPEND.—The Attor- resentative of the appropriate Federal bank- of the United States; or ney General, in consultation with the Sec- ing agency, information and account docu- ‘‘(C) the foreign person is a financial insti- retary, may suspend or terminate a for- mentation for any account opened, main- tution that maintains a bank account at a fi- feiture under this section if the Attorney tained, administered or managed in the nancial institution in the United States. General determines that a conflict of law ex- United States by the covered financial insti- ‘‘(3) COURT AUTHORITY OVER ASSETS.—A ists between the laws of the jurisdiction in tution. court described in paragraph (2) may issue a which the foreign bank is located and the ‘‘(3) FOREIGN BANK RECORDS.— pretrial restraining order or take any other laws of the United States with respect to li- ‘‘(A) SUMMONS OR SUBPOENA OF RECORDS.— action necessary to ensure that any bank ac- abilities arising from the restraint, seizure, ‘‘(i) IN GENERAL.—The Secretary or the At- count or other property held by the defend- or arrest of such funds, and that such suspen- torney General may issue a summons or sub- ant in the United States is available to sat- sion or termination would be in the interest poena to any foreign bank that maintains a isfy a judgment under this section. of justice and would not harm the national correspondent account in the United States ‘‘(4) FEDERAL RECEIVER.— interests of the United States. and request records related to such cor- ‘‘(A) IN GENERAL.—A court described in ‘‘(2) NO REQUIREMENT FOR GOVERNMENT TO respondent account, including records main- paragraph (2) may appoint a Federal Re- TRACE FUNDS.—If a forfeiture action is tained outside of the United States relating ceiver, in accordance with subparagraph (B) brought against funds that are restrained, to the deposit of funds into the foreign bank. of this paragraph, to collect, marshal, and seized, or arrested under paragraph (1), it ‘‘(ii) SERVICE OF SUMMONS OR SUBPOENA.—A take custody, control, and possession of all shall not be necessary for the Government to summons or subpoena referred to in clause assets of the defendant, wherever located, to establish that the funds are directly trace- (i) may be served on the foreign bank in the

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.057 pfrm01 PsN: S04PT1 S10318 CONGRESSIONAL RECORD — SENATE October 4, 2001 United States if the foreign bank has a rep- ‘‘(E) has been commingled with other prop- ‘‘(b) Subsection (a) may be applied to a resentative in the United States, or in a for- erty which cannot be divided without dif- claim filed by a corporation if any majority eign country pursuant to any mutual legal ficulty. shareholder, or individual filing the claim on assistance treaty, multilateral agreement, ‘‘(2) SUBSTITUTE PROPERTY.—In any case behalf of the corporation is a person to or other request for international law en- described in any of subparagraphs (A) whom subsection (a) applies.’’. forcement assistance. through (E) of paragraph (1), the court shall SEC. 323. ENFORCEMENT OF FOREIGN JUDG- ‘‘(B) ACCEPTANCE OF SERVICE.— order the forfeiture of any other property of MENTS. ‘‘(i) MAINTAINING RECORDS IN THE UNITED the defendant, up to the value of any prop- Section 2467 of title 28, United States Code, STATES.—Any covered financial institution erty described in subparagraphs (A) through is amended— which maintains a correspondent account in (E) of paragraph (1), as applicable. (1) in subsection (d), by adding the fol- the United States for a foreign bank shall ‘‘(3) RETURN OF PROPERTY TO JURISDIC- lowing after paragraph (2): maintain records in the United States identi- TION.—In the case of property described in ‘‘(3) PRESERVATION OF PROPERTY.—To pre- fying the owners of such foreign bank and paragraph (1)(C), the court may, in addition serve the availability of property subject to the name and address of a person who resides to any other action authorized by this sub- a foreign forfeiture or confiscation judg- in the United States and is authorized to ac- section, order the defendant to return the ment, the Government may apply for, and cept service of legal process for records re- property to the jurisdiction of the court so the court may issue, a restraining order pur- garding the correspondent account. that the property may be seized and for- suant to section 983(j) of title 18, United ‘‘(ii) LAW ENFORCEMENT REQUEST.—Upon re- feited.’’. States Code, at any time before or after an ceipt of a written request from a Federal law (2) PROTECTIVE ORDERS.—Section 413(e) of application is filed pursuant to subsection enforcement officer for information required the Controlled Substances Act (21 U.S.C. (c)(1). The court, in issuing the restraining to be maintained under this paragraph, the 853(e)) is amended by adding at the end the order— covered financial institution shall provide following: ‘‘(A) may rely on information set forth in the information to the requesting officer not ‘‘(4) ORDER TO REPATRIATE AND DEPOSIT.— an affidavit describing the nature of the pro- later than 7 days after receipt of the request. ‘‘(A) IN GENERAL.—Pursuant to its author- ceeding investigation underway in the foreign country, and setting forth a reasonable ‘‘(C) TERMINATION OF CORRESPONDENT RELA- ity to enter a pretrial restraining order basis to believe that the property to be re- TIONSHIP.— under this section, including its authority to strained will be named in a judgment of for- ‘‘(i) TERMINATION UPON RECEIPT OF NO- restrain any property forfeitable as sub- feiture at the conclusion of such proceeding; TICE.—A covered financial institution shall stitute assets, the court may order a defend- terminate any correspondent relationship ant to repatriate any property that may be or with a foreign bank not later than 10 busi- seized and forfeited, and to deposit that ‘‘(B) may register and enforce a restraining ness days after receipt of written notice from property pending trial in the registry of the order has been issued by a court of com- the Secretary or the Attorney General that court, or with the United States Marshals petent jurisdiction in the foreign country the foreign bank has failed— Service or the Secretary of the Treasury, in and certified by the Attorney General pursu- ‘‘(I) to comply with a summons or sub- an interest-bearing account, if appropriate. ant to subsection (b)(2). poena issued under subparagraph (A); or ‘‘(B) FAILURE TO COMPLY.—Failure to com- No person may object to the restraining ply with an order under this subsection, or ‘‘(II) to initiate proceedings in a United order on any ground that is the subject to an order to repatriate property under sub- States court contesting such summons or parallel litigation involving the same prop- section (p), shall be punishable as a civil or subpoena. erty that is pending in a foreign court.’’; criminal contempt of court, and may also re- ‘‘(ii) LIMITATION ON LIABILITY.—A covered (2) in subsection (b)(1)(C), by striking ‘‘es- sult in an enhancement of the sentence of financial institution shall not be liable to tablishing that the defendant received notice the defendant under the obstruction of jus- any person in any court or arbitration proof the proceedings in sufficient time to en- tice provision of the Federal Sentencing ceeding for terminating a correspondent re- able the defendant’’ and inserting ‘‘estab- Guidelines.’’. lationship in accordance with this sub- lishing that the foreign nation took steps, in section. SEC. 320. PROCEEDS OF FOREIGN CRIMES. accordance with the principles of due proc- Section 981(a)(1)(B) of title 18, United ‘‘(iii) FAILURE TO TERMINATE RELATION- ess, to give notice of the proceedings to all States Code, is amended to read as follows: SHIP.—Failure to terminate a correspondent persons with an interest in the property in ‘‘(B) Any property, real or personal, within relationship in accordance with this sub- sufficient time to enable such persons’’; the jurisdiction of the United States, consti- section shall render the covered financial in- (3) in subsection (d)(1)(D), by striking ‘‘the tuting, derived from, or traceable to, any stitution liable for a civil penalty of up to defendant in the proceedings in the foreign proceeds obtained directly or indirectly from $10,000 per day until the correspondent rela- court did not receive notice’’ and inserting an offense against a foreign nation, or any tionship is so terminated.’’. ‘‘the foreign nation did not take steps, in ac- property used to facilitate such an offense, if (c) GRACE PERIOD.—Financial institutions cordance with the principles of due process, the offense— affected by section 5333 of title 31 United to give notice of the proceedings to a person ‘‘(i) involves the manufacture, importa- States Code, as amended by this title, shall with an interest in the property’’; and tion, sale, or distribution of a controlled sub- have 60 days from the date of enactment of (4) in subsection (a)(2)(A), by inserting ‘‘, stance (as that term is defined for purposes this Act to comply with the provisions of any violation of foreign law that would con- of the Controlled Substances Act), or any that section. stitute a violation of an offense for which other conduct described in section (d) REQUESTS FOR RECORDS.—Section property could be forfeited under Federal 1956(c)(7)(B); law if the offense were committed in the 3486(a)(1) of title 18, United States Code, is ‘‘(ii) would be punishable within the juris- amended by striking ‘‘, or (II) a Federal of- United States’’ after ‘‘United Nations Con- diction of the foreign nation by death or im- vention’’. fense involving the sexual exploitation or prisonment for a term exceeding 1 year; and abuse of children’’ and inserting ‘‘, (II) a Fed- SEC. 324. INCREASE IN CIVIL AND CRIMINAL PEN- ‘‘(iii) would be punishable under the laws ALTIES FOR MONEY LAUNDERING. eral offense involving the sexual exploitation of the United States by imprisonment for a or abuse of children, or (III) money laun- (a) CIVIL PENALTIES.—Section 5321(a) of term exceeding 1 year, if the act or activity title 31, United States Code, is amended by dering, in violation of section 1956, 1957, or constituting the offense had occurred within 1960 of this title’’. adding at the end the following: the jurisdiction of the United States.’’. ‘‘(7) PENALTIES FOR INTERNATIONAL (e) AUTHORITY TO ORDER CONVICTED CRIMI- SEC. 321. EXCLUSION OF ALIENS INVOLVED IN COUNTER MONEY LAUNDERING VIOLATIONS.— NAL TO RETURN PROPERTY LOCATED MONEY LAUNDERING. The Secretary may impose a civil money ABROAD.— Section 212(a)(2) of the Immigration and penalty in an amount equal to not less than (1) FORFEITURE OF SUBSTITUTE PROPERTY.— Nationality Act of 1952 (8 U.S.C. 1182(a)(2)) is 2 times the amount of the transaction, but Section 413(p) of the Controlled Substances amended by adding at the end the following: not more than $1,000,000, on any financial in- Act (21 U.S.C. 853) is amended to read as fol- ‘‘(I) MONEY LAUNDERING ACTIVITIES.—Any stitution or agency that violates any provi- lows: alien who the consular officer or the Attor- sion of subsection (i) or (j) of section 5318 or ‘‘(p) FORFEITURE OF SUBSTITUTE PROP- ney General knows or has reason to believe any special measures imposed under section ERTY.— is or has been engaged in activities which, if 5318A.’’. ‘‘(1) IN GENERAL.—Paragraph (2) of this sub- engaged in within the United States would (b) CRIMINAL PENALTIES.—Section 5322 of section shall apply, if any property described constitute a violation of section 1956 or 1957 title 31, United States Code, is amended by in subsection (a), as a result of any act or of title 18, United States Code, or has been a adding at the end the following: omission of the defendant— knowing assister, abettor, conspirator, or ‘‘(d) A financial institution or agency that ‘‘(A) cannot be located upon the exercise of colluder with others in any such illicit activ- violates any provision of subsection (i) or (j) due diligence; ity is inadmissible.’’. of section 5318, or any special measures im- ‘‘(B) has been transferred or sold to, or de- SEC. 322. CORPORATION REPRESENTED BY A FU- posed under section 5318A, or any regulation posited with, a third party; GITIVE. prescribed under subsection (i) or (j) of sec- ‘‘(C) has been placed beyond the jurisdic- Section 2466 of title 18, United States Code, tion 5318 or section 5318A, shall be fined in an tion of the court; is amended by designating the present mat- amount equal to not less than 2 times the ‘‘(D) has been substantially diminished in ter as subsection (a), and adding at the end amount of the transaction, but not more value; or the following: than $1,000,000.’’.

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.057 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10319

SEC. 325. REPORT AND RECOMMENDATION. ‘‘(B) RULE OF CONSTRUCTION.—Subpara- ‘‘(2) REGULATIONS.—The Secretary may Not later than 30 months after the date of graph (A) shall not be construed as cre- prescribe minimum standards for programs enactment of this Act, the Secretary, in con- ating— established under paragraph (1), and may ex- sultation with the Attorney General, the ‘‘(i) any inference that the term ‘person’, empt from the application of those standards Federal banking agencies (as defined at sec- as used in such subparagraph, may be con- any financial institution that is not subject tion 3 of the Federal Deposit Insurance Act), strued more broadly than its ordinary usage to the provisions of the rules contained in the Securities and Exchange Commission, so as to include any government or agency of part 103 of title 31, of the Code of Federal and such other agencies as the Secretary government; or Regulations, or any successor rule thereto, may determine, at the discretion of the Sec- ‘‘(ii) any immunity against, or otherwise for so long as such financial institution is retary, shall evaluate the operations of the affecting, any civil or criminal action not subject to the provisions of such rules.’’. provisions of this subtitle and make rec- brought by any government or agency of SEC. 333. PENALTIES FOR VIOLATIONS OF GEO- ommendations to Congress as to any legisla- government to enforce any constitution, law, GRAPHIC TARGETING ORDERS AND tive action with respect to this subtitle as or regulation of such government or agen- CERTAIN RECORDKEEPING RE- cy.’’. QUIREMENTS, AND LENGTHENING the Secretary may determine to be necessary EFFECTIVE PERIOD OF GEO- or advisable. (b) PROHIBITION ON NOTIFICATION OF DISCLO- GRAPHIC TARGETING ORDERS. SEC. 326. REPORT ON EFFECTIVENESS. SURES.—Section 5318(g)(2) of title 31, United (a) CIVIL PENALTY FOR VIOLATION OF TAR- The Secretary shall report annually on States Code, is amended to read as follows: GETING ORDER.—Section 5321(a)(1) of title 31, measures taken pursuant to this subtitle, ‘‘(2) NOTIFICATION PROHIBITED.— United States Code, is amended— and shall submit the report to the Com- ‘‘(A) IN GENERAL.—If a financial institution (1) by inserting ‘‘or order issued’’ after mittee on Banking, Housing, and Urban Af- or any director, officer, employee, or agent ‘‘subchapter or a regulation prescribed’’; and fairs of the Senate and to the Committee on of any financial institution, voluntarily or (2) by inserting ‘‘, or willfully violating a Financial Services of the House of Rep- pursuant to this section or any other author- regulation prescribed under section 21 of the resentatives. ity, reports a suspicious transaction to a Federal Deposit Insurance Act or section 123 government agency— of Public Law 91–508,’’ after ‘‘sections 5314 SEC. 327. CONCENTRATION ACCOUNTS AT FINAN- ‘‘(i) the financial institution, director, offi- CIAL INSTITUTIONS. and 5315)’’. cer, employee, or agent may not notify any (b) CRIMINAL PENALTIES FOR VIOLATION OF Section 5318(h) of title 31, United States person involved in the transaction that the TARGETING ORDER.—Section 5322 of title 31, Code, as amended by section 202 of this title, transaction has been reported; and United States Code, is amended— is amended by adding at the end the fol- ‘‘(ii) no officer or employee of the Federal (1) in subsection (a)— lowing: Government or of any State, local, tribal, or (A) by inserting ‘‘or order issued’’ after ‘‘(3) CONCENTRATION ACCOUNTS.—The Sec- territorial government within the United ‘‘willfully violating this subchapter or a reg- retary may issue regulations under this sub- States, who has any knowledge that such re- ulation prescribed’’; and section that govern maintenance of con- port was made may disclose to any person (B) by inserting ‘‘, or willfully violating a centration accounts by financial institu- involved in the transaction that the trans- regulation prescribed under section 21 of the tions, in order to ensure that such accounts action has been reported, other than as nec- Federal Deposit Insurance Act or section 123 are not used to prevent association of the essary to fulfill the official duties of such of- of Public Law 91–508,’’ after ‘‘under section identity of an individual customer with the ficer or employee. 5315 or 5324)’’; and movement of funds of which the customer is ‘‘(B) DISCLOSURES IN CERTAIN EMPLOYMENT (2) in subsection (b)— the direct or beneficial owner, which regula- REFERENCES.— (A) by inserting ‘‘or order issued’’ after tions shall, at a minimum— ‘‘(i) RULE OF CONSTRUCTION.—Notwith- ‘‘willfully violating this subchapter or a reg- ‘‘(A) prohibit financial institutions from standing the application of subparagraph (A) ulation prescribed’’; and allowing clients to direct transactions that in any other context, subparagraph (A) shall (B) by inserting ‘‘or willfully violating a move their funds into, out of, or through the not be construed as prohibiting any financial regulation prescribed under section 21 of the concentration accounts of the financial in- institution, or any director, officer, em- Federal Deposit Insurance Act or section 123 stitution; ployee, or agent of such institution, from in- of Public Law 91–508,’’ after ‘‘under section ‘‘(B) prohibit financial institutions and cluding information that was included in a 5315 or 5324),’’. their employees from informing customers of report to which subparagraph (A) applies— (c) STRUCTURING TRANSACTIONS TO EVADE the existence of, or the means of identifying, ‘‘(I) in a written employment reference TARGETING ORDER OR CERTAIN RECORD- the concentration accounts of the institu- that is provided in accordance with section KEEPING REQUIREMENTS.—Section 5324(a) of title 31, United States Code, is amended— tion; and 18(v) of the Federal Deposit Insurance Act in (1) by inserting a comma after ‘‘shall’’; ‘‘(C) require each financial institution to response to a request from another financial (2) by striking ‘‘section—’’ and inserting establish written procedures governing the institution, except that such written ref- ‘‘section, the reporting or recordkeeping re- documentation of all transactions involving erence may not disclose that such informa- quirements imposed by any order issued a concentration account, which procedures tion was also included in any such report or under section 5326, or the recordkeeping re- shall ensure that, any time a transaction in- that such report was made; or quirements imposed by any regulation pre- volving a concentration account commingles ‘‘(II) in a written termination notice or scribed under section 21 of the Federal De- funds belonging to 1 or more customers, the employment reference that is provided in ac- posit Insurance Act or section 123 of Public identity of, and specific amount belonging cordance with the rules of the self-regu- Law 91–508—’’; to, each customer is documented.’’. latory organizations registered with the Se- (3) in paragraph (1), by inserting ‘‘, to file Subtitle B—Currency Transaction Reporting curities and Exchange Commission, except a report or to maintain a record required by Amendments and Related Improvements that such written notice or reference may an order issued under section 5326, or to not disclose that such information was also SEC. 331. AMENDMENTS RELATING TO REPORT- maintain a record required pursuant to any included in any such report or that such re- ING OF SUSPICIOUS ACTIVITIES. regulation prescribed under section 21 of the port was made. (a) AMENDMENT RELATING TO CIVIL LIABIL- Federal Deposit Insurance Act or section 123 ‘‘(ii) INFORMATION NOT REQUIRED.—Clause ITY IMMUNITY FOR DISCLOSURES.—Section of Public Law 91–508’’ after ‘‘regulation pre- (i) shall not be construed, by itself, to create 5318(g)(3) of title 31, United States Code, is scribed under any such section’’; and any affirmative duty to include any informa- amended to read as follows: (4) in paragraph (2), by inserting ‘‘, to file tion described in clause (i) in any employ- ‘‘(3) LIABILITY FOR DISCLOSURES.— a report or to maintain a record required by ment reference or termination notice re- ‘‘(A) IN GENERAL.—Any financial institu- any order issued under section 5326, or to ferred to in clause (i).’’. tion that makes a voluntary disclosure of maintain a record required pursuant to any any possible violation of law or regulation to SEC. 332. ANTI-MONEY LAUNDERING PROGRAMS. regulation prescribed under section 5326, or a government agency or makes a disclosure Section 5318(h) of title 31, United States to maintain a record required pursuant to pursuant to this subsection or any other au- Code, is amended to read as follows: any regulation prescribed under section 21 of thority, and any director, officer, employee, ‘‘(h) ANTI-MONEY LAUNDERING PROGRAMS.— the Federal Deposit Insurance Act or section or agent of such institution who makes, or ‘‘(1) IN GENERAL.—In order to guard against 123 of Public Law 91–508,’’ after ‘‘regulation requires another to make any such disclo- money laundering through financial institu- prescribed under any such section’’. sure, shall not be liable to any person under tions, each financial institution shall estab- (d) LENGTHENING EFFECTIVE PERIOD OF GE- any law or regulation of the United States, lish anti-money laundering programs, in- OGRAPHIC TARGETING ORDERS.—Section any constitution, law, or regulation of any cluding, at a minimum— 5326(d) of title 31, United States Code, is State or political subdivision of any State, ‘‘(A) the development of internal policies, amended by striking ‘‘more than 60’’ and in- or under any contract or other legally en- procedures, and controls; serting ‘‘more than 180’’. forceable agreement (including any arbitra- ‘‘(B) the designation of a compliance offi- SEC. 334. ANTI-MONEY LAUNDERING STRATEGY. tion agreement), for such disclosure or for cer; (b) STRATEGY.—Section 5341(b) of title 31, any failure to provide notice of such disclo- ‘‘(C) an ongoing employee training pro- United States Code, is amended by adding at sure to the person who is the subject of such gram; and the end the following: disclosure or any other person identified in ‘‘(D) an independent audit function to test ‘‘(12) DATA REGARDING FUNDING OF TER- the disclosure. programs. RORISM.—Data concerning money laundering

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.058 pfrm01 PsN: S04PT1 S10320 CONGRESSIONAL RECORD — SENATE October 4, 2001 efforts related to the funding of acts of inter- with the requirements applicable to finan- to which any such function should be transnational terrorism, and efforts directed at cial institutions, and directors, officers, em- ferred, complete with a budgetary and re- the prevention, detection, and prosecution of ployees, and agents of financial institutions sources plan for expeditiously accomplishing such funding.’’. under section 5318(g) of title 31, United the transfer. SEC. 335. AUTHORIZATION TO INCLUDE SUS- States Code. SEC. 340. BANK SECRECY PROVISIONS AND ANTI- PICIONS OF ILLEGAL ACTIVITY IN (b) REPORT ON INVESTMENT COMPANIES.— TERRORIST ACTIVITIES OF UNITED WRITTEN EMPLOYMENT REF- (1) IN GENERAL.—Not later than 1 year after STATES INTELLIGENCE AGENCIES. ERENCES. the date of enactment of this Act, Secretary (a) AMENDMENT RELATING TO THE PURPOSES Section 18 of the Federal Deposit Insurance of the Treasury, the Board of Governors of OF THE BANK SECRECY ACT.—Section 5311 of Act (12 U.S.C. 1828) is amended by adding at the Federal Reserve System, and the Securi- title 31, United States Code, is amended by the end the following: ties and Exchange Commission shall jointly inserting before the period at the end the fol- ‘‘(v) WRITTEN EMPLOYMENT REFERENCES submit a report to Congress on recommenda- lowing: ‘‘, or in the conduct of intelligence or MAY CONTAIN SUSPICIONS OF INVOLVEMENT IN tions for effective regulations to apply the counterintelligence activities, including ILLEGAL ACTIVITY.— requirements of subchapter II of chapter 53 analysis, to protect against international ‘‘(1) AUTHORITY TO DISCLOSE INFORMATION.— of title 31, United States Code, to investment terrorism’’. Notwithstanding any other provision of law, companies, pursuant to section 5312(a)(2)(I) (b) AMENDMENT RELATING TO REPORTING OF any insured depository institution, and any of title 31, United States Code. SUSPICIOUS ACTIVITIES.—Section 5318(g)(4)(B) director, officer, employee, or agent of such (2) DEFINITION.—For purposes of this sec- of title 31, United States Code, is amended by institution, may disclose in any written em- tion, the term ‘‘investment company’’— striking ‘‘or supervisory agency’’ and insert- ployment reference relating to a current or (A) has the same meaning as in section 3 of ing ‘‘, supervisory agency, or United States former institution-affiliated party of such the Investment Company Act of 1940 (15 intelligence agency for use in the conduct of institution which is provided to another in- U.S.C. 80a–3); and intelligence or counterintelligence activi- sured depository institution in response to a (B) any person that, but for the exceptions ties, including analysis, to protect against request from such other institution, infor- provided for in paragraph (1) or (7) of section international terrorism’’. mation concerning the possible involvement 3(c) of the Investment Company Act of 1940 (c) AMENDMENT RELATING TO AVAILABILITY of such institution-affiliated party in poten- (15 U.S.C. 80a–3(c)), would be an investment OF REPORTS.—Section 5319 of title 31, United tially unlawful activity. company. States Code, is amended to read as follows: ‘‘(2) INFORMATION NOT REQUIRED.—Nothing (3) ADDITIONAL RECOMMENDATIONS.—In its ‘‘§ 5319. Availability of reports in paragraph (1) shall be construed, by itself, report, the Securities and Exchange Com- ‘‘The Secretary of the Treasury shall make to create any affirmative duty to include mission may make different recommenda- information in a report filed under this sub- any information described in paragraph (1) in tions for different types of entities covered chapter available to an agency, including any employment reference referred to in by this section. any State financial institutions supervisory paragraph (1). (4) BENEFICIAL OWNERSHIP OF PERSONAL agency or United States intelligence agency, ‘‘(3) MALICIOUS INTENT.—Notwithstanding HOLDING COMPANIES.—The report described in upon request of the head of the agency. The any other provision of this subsection, vol- paragraph (1) shall also include recommenda- report shall be available for a purpose that is untary disclosure made by an insured deposi- tions as to whether the Secretary should consistent with this subchapter. The Sec- tory institution, and any director, officer, promulgate regulations to treat any corpora- retary may only require reports on the use of employee, or agent of such institution under tion or business or other grantor trust whose such information by any State financial in- this subsection concerning potentially un- assets are predominantly securities, bank stitutions supervisory agency for other than lawful activity that is made with malicious certificates of deposit, or other securities or supervisory purposes or by United States in- intent, shall not be shielded from liability investment instruments (other than such as telligence agencies. However, a report and from the person identified in the disclosure. relate to operating subsidiaries of such cor- records of reports are exempt from disclo- ‘‘(4) DEFINITION.—For purposes of this sub- poration or trust) and that has 5 or fewer sure under section 552 of title 5.’’. section, the term ‘insured depository institu- common shareholders or holders of beneficial (d) AMENDMENT RELATING TO THE PURPOSES tion’ includes any uninsured branch or agen- or other equity interest, as a financial insti- OF THE BANK SECRECY ACT PROVISIONS.—Sec- cy of a foreign bank.’’. tution within the meaning of that phrase in tion 21(a) of the Federal Deposit Insurance SEC. 336. BANK SECRECY ACT ADVISORY GROUP. section 5312(a)(2)(I) and whether to require Act (12 U.S.C. 1829b(a)) is amended to read as Section 1564 of the Annunzio-Wylie Anti- such corporations or trusts to disclose their follows: Money Laundering Act (31 U.S.C. 5311 note) beneficial owners when opening accounts or ‘‘(a) CONGRESSIONAL FINDINGS AND DEC- is amended— initiating funds transfers at any domestic fi- LARATION OF PURPOSE.— (1) in subsection (a), by inserting ‘‘, of non- nancial institution. ‘‘(1) FINDINGS.—Congress finds that— governmental organizations advocating fi- SEC. 339. SPECIAL REPORT ON ADMINISTRATION ‘‘(A) adequate records maintained by in- nancial privacy,’’ after ‘‘Drug Control Pol- OF BANK SECRECY PROVISIONS. sured depository institutions have a high de- icy’’; and (a) REPORT REQUIRED.—Not later than 6 gree of usefulness in criminal, tax, and regu- (2) in subsection (c), by inserting ‘‘, other months after the date of enactment of this latory investigations or proceedings, and than subsections (a) and (d) of such Act Act, the Secretary shall submit a report to that, given the threat posed to the security which shall apply’’ before the period at the the Congress relating to the role of the In- of the Nation on and after the terrorist at- end. ternal Revenue Service in the administra- tacks against the United States on Sep- SEC. 337. AGENCY REPORTS ON RECONCILING tion of subchapter II of chapter 53 of title 31, tember 11, 2001, such records may also have a PENALTY AMOUNTS. United States Code (commonly known as the high degree of usefulness in the conduct of Not later than 1 year after the date of en- ‘‘Bank Secrecy Act’’). intelligence or counterintelligence activi- actment of this Act, the Secretary of the (b) CONTENTS.—The report required by sub- ties, including analysis, to protect against Treasury and the Federal banking agencies section (a)— domestic and international terrorism; and (as defined in section 3 of the Federal De- (1) shall specifically address, and contain ‘‘(B) microfilm or other reproductions and posit Insurance Act (12 U.S.C. 1813)) shall recommendations concerning— other records made by insured depository in- each submit their respective reports to the (A) whether it is advisable to shift the stitutions of checks, as well as records kept Congress containing recommendations on processing of information reporting to the by such institutions, of the identity of per- possible legislation to conform the penalties Department of the Treasury under the Bank sons maintaining or authorized to act with imposed on depository institutions (as de- Secrecy Act provisions to facilities other respect to accounts therein, have been of fined in section 3 of the Federal Deposit In- than those managed by the Internal Revenue particular value in proceedings described in surance Act) for violations of subchapter II Service; and subparagraph (A). of chapter 53 of title 31, United States Code, (B) whether it remains reasonable and effi- ‘‘(2) PURPOSE.—It is the purpose of this sec- to the penalties imposed on such institutions cient, in light of the objective of both anti- tion to require the maintenance of appro- under section 8 of the Federal Deposit Insur- money-laundering programs and Federal tax priate types of records by insured depository ance Act (12 U.S.C. 1818). administration, for the Internal Revenue institutions in the United States where such SEC. 338. REPORTING OF SUSPICIOUS ACTIVITIES Service to retain authority and responsi- records have a high degree of usefulness in BY SECURITIES BROKERS AND bility for audit and examination of the com- criminal, tax, or regulatory investigations or DEALERS; INVESTMENT COMPANY pliance of money services businesses and proceedings, recognizes that, given the STUDY. gaming institutions with those Bank Se- threat posed to the security of the Nation on (a) 270-DAY REGULATION DEADLINE.—Not crecy Act provisions; and and after the terrorist attacks against the later than 270 days after the date of enact- (2) shall, if the Secretary determines that United States on September 11, 2001, such ment of this Act, the Secretary of the Treas- the information processing responsibility or records may also have a high degree of use- ury, after consultation with the Securities the audit and examination responsibility of fulness in the conduct of intelligence or and Exchange Commission and the Board of the Internal Revenue Service, or both, with counterintelligence activities, including Governors of the Federal Reserve System, respect to those Bank Secrecy Act provisions analysis, to protect against international shall issue final regulations requiring reg- should be transferred to other agencies, in- terrorism.’’. istered brokers and dealers to file reports of clude the specific recommendations of the (e) AMENDMENT RELATING TO THE PURPOSES suspicious financial transactions, consistent Secretary regarding the agency or agencies OF THE BANK SECRECY ACT.—Section 123(a) of

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.058 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10321 Public Law 91–508 (12 U.S.C. 1953(a)) is SEC. 341. REPORTING OF SUSPICIOUS ACTIVITIES Subtitle C—Currency Crimes BY HAWALA AND OTHER UNDER- amended to read as follows: SEC. 351. BULK CASH SMUGGLING. GROUND BANKING SYSTEMS. ‘‘(a) REGULATIONS.—If the Secretary deter- (a) FINDINGS.—Congress finds that— (a) DEFINITION FOR SUBCHAPTER.—Section mines that the maintenance of appropriate (1) effective enforcement of the currency 5312(a)(2)(R) of title 31, United States Code, records and procedures by any uninsured reporting requirements of chapter 53 of title is amended to read as follows: bank or uninsured institution, or any person 31, United States Code (commonly referred ‘‘(R) a licensed sender of money or any engaging in the business of carrying on in to as the Bank Secrecy Act), and the regula- other person who engages as a business in the United States any of the functions re- tions promulgated thereunder, has forced the transmission of funds, including through ferred to in subsection (b), has a high degree drug dealers and other criminals engaged in an informal value transfer banking system of usefulness in criminal, tax, or regulatory cash-based businesses to avoid using tradi- or network of people facilitating the transfer investigations or proceedings, and that, tional financial institutions; of value domestically or internationally out- given the threat posed to the security of the (2) in their effort to avoid using traditional Nation on and after the terrorist attacks side of the conventional financial institu- financial institutions, drug dealers, and against the United States on September 11, tions system;’’. other criminals are forced to move large (b) MONEY TRANSMITTING BUSINESS.—Sec- 2001, such records may also have a high de- quantities of currency in bulk form to and tion 5330(d)(1)(A) of title 31, United States gree of usefulness in the conduct of intel- through the airports, border crossings, and Code, is amended by inserting before the ligence or counterintelligence activities, in- other ports of entry where it can be smug- semicolon the following: ‘‘or any other per- cluding analysis, to protect against inter- gled out of the United States and placed in a son who engages as a business in the transnational terrorism, he may by regulation re- foreign financial institution or sold on the mission of funds, including through an infor- quire such bank, institution, or person.’’. black market; mal value transfer banking system or net- (f) AMENDMENTS TO THE RIGHT TO FINANCIAL (3) the transportation and smuggling of work of people facilitating the transfer of PRIVACY ACT.—The Right to Financial Pri- cash in bulk form may, at the time of enact- value domestically or internationally out- vacy Act of 1978 is amended— ment of this Act, be the most common form side of the conventional financial institu- (1) in section 1112(a) (12 U.S.C. 3412(a)), by of money laundering, and the movement of tions system;’’. inserting ‘‘, or intelligence or counterintel- large sums of cash is one of the most reliable (d) APPLICABILITY OF RULES.—Section 5318 ligence activity, investigation or analysis re- of title 31, United States Code, as amended warning signs of drug trafficking, terrorism, lated to international terrorism’’ after ‘‘le- by this title, is amended by adding at the money laundering, racketeering, tax eva- gitimate law enforcement inquiry’’; and end the following: sion, and similar crimes; (2) in section 1114(a)(1) (12 U.S.C. ‘‘(l) APPLICABILITY OF RULES.—Any rules (4) the intentional transportation into or 3414(a)(1))— promulgated pursuant to the authority con- out of the United States of large amounts of (A) in subparagraph (A), by striking ‘‘or’’ tained in section 21 of the Federal Deposit currency or monetary instruments, in a at the end; Insurance Act (12 U.S.C. 1829b) shall apply, in manner designed to circumvent the manda- (B) in subparagraph (B), by striking the pe- addition to any other financial institution to tory reporting provisions of chapter 53 of riod at the end and inserting ‘‘; or’’; and which such rules apply, to any person that title 31, United States Code, is the equiva- (C) by adding at the end the following: engages as a business in the transmission of lent of, and creates the same harm as, the ‘‘(C) a Government authority authorized to funds, including through an informal value smuggling of goods; conduct investigations of, or intelligence or transfer banking system or network of peo- (5) the arrest and prosecution of bulk cash counterintelligence analyses related to, ple facilitating the transfer of value domes- smugglers is an important part of law en- international terrorism for the purpose of tically or internationally outside of the con- forcement’s effort to stop the laundering of conducting such investigations or anal- ventional financial institutions system.’’. criminal proceeds, but the couriers who at- yses.’’. (e) REPORT.—Not later than 1 year after tempt to smuggle the cash out of the United (g) AMENDMENT TO THE FAIR CREDIT RE- the date of enactment of this Act, the Sec- States are typically low-level employees of PORTING ACT.—The Fair Credit Reporting retary of the Treasury shall report to Con- large criminal organizations, and are easily Act (15 U.S.C. 1681 et seq.) is amended by gress on the need for any additional legisla- replaced, and therefore only the confiscation adding at the end the following new section: tion relating to informal value transfer of the smuggled bulk cash can effectively ‘‘SEC. 626. DISCLOSURES TO GOVERNMENTAL banking systems or networks of people fa- break the cycle of criminal activity of which AGENCIES FOR cilitating the transfer of value domestically the laundering of bulk cash is a critical part; COUNTERTERRORISM PURPOSES. or internationally outside of the conven- (6) the penalties for violations of the cur- ‘‘(a) DISCLOSURE.—Notwithstanding section tional financial institutions system, counter rency reporting requirements of the chapter 604 or any other provision of this title, a con- money laundering and regulatory controls 53 of title 31, United States Code, are insuffi- sumer reporting agency shall furnish a con- relating to underground money movement cient to provide a deterrent to the laun- sumer report of a consumer and all other in- and banking systems, such as the system re- dering of criminal proceeds; formation in a consumer’s file to a govern- ferred to as ‘hawala’, including whether the (7) because the only criminal violation ment agency authorized to conduct inves- threshold for the filing of suspicious activity under Federal law before the date of enact- tigations of, or intelligence or counterintel- reports under section 5318(g) of title 31, ment of this Act was a reporting offense, the ligence activities or analysis related to, United States Code should be lowered in the law does not adequately provide for the con- international terrorism when presented with case of such systems. fiscation of smuggled currency; and a written certification by such government SEC. 342. USE OF AUTHORITY OF UNITED STATES (8) if the smuggling of bulk cash were itself agency that such information is necessary EXECUTIVE DIRECTORS. an offense, the cash could be confiscated as for the agency’s conduct or such investiga- (a) ACTION BY THE PRESIDENT.—If the Presi- the corpus delicti of the smuggling offense. tion, activity or analysis. dent determines that a particular foreign (b) PURPOSES.—The purposes of this section ‘‘(b) FORM OF CERTIFICATION.—The certifi- country has taken or has committed to take are— cation described in subsection (a) shall be actions that contribute to efforts of the (1) to make the act of smuggling bulk cash signed by the Secretary of the Treasury. United States to respond to, deter, or pre- itself a criminal offense; ‘‘(c) CONFIDENTIALITY.—No consumer re- vent acts of international terrorism, the Sec- (2) to authorize forfeiture of any cash or porting agency, or officer, employee, or retary of the Treasury may, consistent with instruments of the smuggling offense; agent of such consumer reporting agency, other applicable provisions of law, instruct (3) to emphasize the seriousness of the act shall disclose to any person, or specify in the United States Executive Director of each of bulk cash smuggling; and any consumer report, that a government international financial institution to use the (4) to prescribe guidelines for determining agency has sought or obtained access to in- voice and vote of the Executive Director to the amount of property subject to such for- formation under subsection (a). support any loan or other utilization of the feiture in various situations. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in funds of respective institutions for such (c) BULK CASH SMUGGLING OFFENSE.— section 625 shall be construed to limit the country, or any public or private entity (1) IN GENERAL.—Subchapter II of chapter authority of the Director of the Federal Bu- within such country. 53 of title 31, United States Code, is amended reau of Investigation under this section. (b) USE OF VOICE AND VOTE.—The Secretary by adding at the end the following: ‘‘(e) SAFE HARBOR.—Notwithstanding any of the Treasury may instruct the United ‘‘§ 5331. Bulk cash smuggling other provision of this subchapter, any con- States Executive Director of each inter- sumer reporting agency or agent or em- national financial institution to aggressively ‘‘(a) CRIMINAL OFFENSE.— ployee thereof making disclosure of con- use the voice and vote of the Executive Di- ‘‘(1) IN GENERAL.—Whoever, with the intent sumer reports or other information pursuant rector to require an auditing of disburse- to evade a currency reporting requirement to this section in good-faith reliance upon a ments at such institutions to ensure that no under section 5316, knowingly conceals more certification of a governmental agency pur- funds are paid to persons who commit, than $10,000 in currency or other monetary suant to the provisions of this section shall threaten to commit, or support terrorism. instruments on his or her person or in any not be liable to any person for such disclo- (c) DEFINITION.—For purposes of this sec- conveyance, article of luggage, merchandise, sure under this subchapter, the constitution tion, the term ‘‘international financial insti- or other container, and transports or trans- of any State, or any law or regulation of any tution’’ means an institution described in fers or attempts to transport or transfer the State or any political subdivision of any section 1701(c)(2) of the International Finan- currency or monetary instruments from a State.’’. cial Institutions Act (22 U.S.C. 262r(c)(2)). place within the United States to a place

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.058 pfrm01 PsN: S04PT1 S10322 CONGRESSIONAL RECORD — SENATE October 4, 2001

outside of the United States, or from a place ‘‘(c) FORFEITURE OF PROPERTY.— programs and advice to member govern- outside of the United States to a place with- ‘‘(1) IN GENERAL.— ments. in the United States, shall be guilty of a cur- ‘‘(A) CRIMINAL FORFEITURE.—The court, in SEC. 362. SUPPORT FOR THE FINANCIAL ACTION rency smuggling offense and subject to pun- imposing sentence for any violation of sec- TASK FORCE ON MONEY LAUN- ishment under subsection (b). tion 5313, 5316, or 5324, or any conspiracy to DERING. ‘‘(b) PENALTIES.— commit such violation, shall order the de- It is the sense of Congress that— ‘‘(1) PRISON TERM.—A person convicted of a fendant to forfeit all property, real or per- (1) the United States should continue to currency smuggling offense under subsection sonal, involved in the offense and any prop- actively and publicly support the objectives (a), or a conspiracy to commit such an of- erty traceable thereto. of the Financial Action Task Force on fense, shall be imprisoned for not more than ‘‘(B) APPLICABLE PROCEDURES.—Forfeitures Money Laundering (hereafter in this section 5 years. under this paragraph shall be governed by referred to as the ‘‘FATF’’) with regard to ‘‘(2) FORFEITURE.— the procedures set forth in section 413 of the combating international money laundering; ‘‘(A) IN GENERAL.—In addition to a prison Controlled Substances Act (21 U.S.C. 853), (2) the FATF should identify noncoopera- term under paragraph (1), the court, in im- and the guidelines set forth in paragraph (3) tive jurisdictions in as expeditious a manner posing sentence, shall order that the defend- of this subsection. as possible and publicly release a list di- ant forfeit to the United States any prop- ‘‘(2) CIVIL FORFEITURE.—Any property in- rectly naming those jurisdictions identified; erty, real or personal, involved in the of- volved in a violation of section 5313, 5316, or (3) the United States should support the fense, and any property traceable to such 5324, or any conspiracy to commit such vio- public release of the list naming noncoopera- property, subject to subsection (d). lation, and any property traceable thereto, tive jurisdictions identified by the FATF; ‘‘(B) APPLICABILITY OF OTHER LAWS.—The may be seized and, subject to paragraph (3), (4) the United States should encourage the seizure, restraint, and forfeiture of property forfeited to the United States in accordance adoption of the necessary international ac- under this section shall be governed by sec- with the procedures governing civil forfeit- tion to encourage compliance by the identi- tion 413 of the Controlled Substances Act (21 ures in money laundering cases pursuant to fied noncooperative jurisdictions; and U.S.C. 853). If the property subject to for- section 981(a)(1)(A) of title 18, United States (5) the United States should take the nec- feiture is unavailable, and the defendant has Code. essary countermeasures to protect the no substitute property that may be forfeited ‘‘(3) MITIGATION.—In a forfeiture case under United States economy against money of un- pursuant to section 413(p) of that Act, the this subsection, upon a showing by the prop- lawful origin and encourage other nations to court shall enter a personal money judgment erty owner by a preponderance of the evi- do the same. against the defendant in an amount equal to dence that any currency or monetary instru- the value of the unavailable property. ments involved in the offense giving rise to SEC. 363. TERRORIST FUNDING THROUGH MONEY ‘‘(c) SEIZURE OF SMUGGLING CASH.— the forfeiture were derived from a legitimate LAUNDERING. ‘‘(1) IN GENERAL.—Any property involved in source, and were intended for a lawful pur- It is the sense of the Congress that, in de- a violation of subsection (a), or a conspiracy pose, the court shall reduce the forfeiture to liberations and negotiations between the to commit such violation, and any property the maximum amount that is not grossly United States Government and any other traceable thereto, may be seized and, subject disproportional to the gravity of the offense. country regarding financial, economic, as- to subsection (d), forfeited to the United In determining the amount of the forfeiture, sistance, or defense issues, the United States States. the court shall consider all aggravating and should encourage such other country— ‘‘(2) APPLICABLE PROCEDURES.—A seizure mitigating facts and circumstances that (1) to take actions which would identify and forfeiture under this subsection shall be have a bearing on the gravity of the offense. and prevent the transmittal of funds to and governed by the procedures governing civil Such circumstances include, but are not lim- from terrorists and terrorist organizations; forfeitures under section 981(a)(1)(A) of title ited to, the following: the value of the cur- and 18, United States Code. rency or other monetary instruments in- (2) to engage in bilateral and multilateral ‘‘(d) PROPORTIONALITY OF FORFEITURE.— volved in the offense; efforts by the person cooperation with the United States and ‘‘(1) MITIGATION.—Upon a showing by the committing the offense to structure cur- other countries to identify suspected terror- property owner by a preponderance of the rency transactions, conceal property, or oth- ists, terrorist organizations, and persons evidence that the currency or monetary in- erwise obstruct justice; and whether the of- supplying funds to and receiving funds from struments involved in the offense giving rise fense is part of a pattern of repeated viola- terrorists and terrorist organizations. to the forfeiture were derived from a legiti- tions. TITLE IV—PROTECTING THE BORDER mate source and were intended for a lawful (e) CONFORMING AMENDMENTS.—Title 18, purpose, the court shall reduce the forfeiture United States Code, is amended— Subtitle A—Protecting the Northern Border to the maximum amount that is not grossly (1) in section 981(a)(1)(A) by striking ‘‘of disproportional to the gravity of the offense. SEC. 401. ENSURING ADEQUATE PERSONNEL ON section 5313(a) or 5324(a) of title 31, or’’; and THE NORTHERN BORDER. ‘‘(2) CONSIDERATIONS.—In determining the (2) in section 982(a)(1), striking ‘‘of section amount of the forfeiture under paragraph (1), 5313(a), 5316, or 5324 of title 31, or’’. The Attorney General is authorized to the court shall consider all aggravating and waive any FTE cap on personnel assigned to Subtitle E—Anticorruption Measures mitigating facts and circumstances that the Immigration and Naturalization Service have a bearing on the gravity of the offense, SEC. 361. CORRUPTION OF FOREIGN GOVERN- to address the national security needs of the including— MENTS AND RULING ELITES. United States on the Northern border. It is the sense of Congress that, in delib- ‘‘(A) the value of the currency or other erations between the United States Govern- SEC. 402. NORTHERN BORDER PERSONNEL. monetary instruments involved in the of- ment and any other country on money laun- There are authorized to be appropriated— fense; dering and corruption issues, the United (1) such sums as may be necessary to triple ‘‘(B) efforts by the person committing the States Government should— the number of Border Patrol personnel (from offense to structure currency transactions, (1) emphasize an approach that addresses the number authorized under current law), conceal property, or otherwise obstruct jus- not only the laundering of the proceeds of and the necessary personnel and facilities to tice; and traditional criminal activity but also the in- support such personnel, in each State along ‘‘(C) whether the offense is part of a pat- creasingly endemic problem of governmental the Northern Border; tern of repeated violations of Federal law. ‘‘(e) RULE OF CONSTRUCTION.—For purposes corruption and the corruption of ruling (2) such sums as may be necessary to triple of subsections (b) and (c), any currency or elites; the number of Customs Service personnel other monetary instrument that is concealed (2) encourage the enactment and enforce- (from the number authorized under current or intended to be concealed in violation of ment of laws in such country to prevent law), and the necessary personnel and facili- subsection (a) or a conspiracy to commit money laundering and systemic corruption; ties to support such personnel, at ports of such violation, any article, container, or (3) make clear that the United States will entry in each State along the Northern Bor- conveyance used or intended to be used to take all steps necessary to identify the pro- der; conceal or transport the currency or other ceeds of foreign government corruption (3) such sums as may be necessary to triple monetary instrument, and any other prop- which have been deposited in United States the number of INS inspectors (from the num- erty used or intended to be used to facilitate financial institutions and return such pro- ber authorized on the date of enactment of the offense, shall be considered property in- ceeds to the citizens of the country to whom this Act), and the necessary personnel and volved in the offense.’’. such assets belong; and facilities to support such personnel, at ports (2) CLERICAL AMENDMENT.—The table of (4) advance policies and measures to proof entry in each State along the Northern sections for chapter 53 of title 31, United mote good government and to prevent and Border; and States Code, is amended by inserting after reduce corruption and money laundering, in- (4) an additional $50,000,000 each to the Im- the item relating to section 5330 the fol- cluding through instructions to the United migration and Naturalization Service and lowing new item: States Executive Director of each inter- the United States Customs Service for pur- ‘‘5331. Bulk cash smuggling.’’. national financial institution (as defined in poses of making improvements in technology (d) CURRENCY REPORTING VIOLATIONS.—Sec- section 1701(c) of the International Financial for monitoring the Northern Border and action 5317(c) of title 31, United States Code, is Institutions Act) to advocate such policies as quiring additional equipment at the North- amended to read as follows: a systematic element of economic reform ern Border.

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.058 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10323 SEC. 403. ACCESS BY THE DEPARTMENT OF this Act, the Attorney General and the Sec- SEC. 405. REPORT ON THE INTEGRATED AUTO- STATE AND THE INS TO CERTAIN retary of State jointly shall report to Con- MATED FINGERPRINT IDENTIFICA- IDENTIFYING INFORMATION IN THE gress on the implementation of the amend- TION SYSTEM FOR POINTS OF CRIMINAL HISTORY RECORDS OF ments made by this section. ENTRY AND OVERSEAS CONSULAR VISA APPLICANTS AND APPLICANTS POSTS. (c) TECHNOLOGY STANDARD TO CONFIRM FOR ADMISSION TO THE UNITED (a) IN GENERAL.—The Attorney General, in IDENTITY.— STATES. consultation with the appropriate heads of (1) IN GENERAL.—The Attorney General and (a) AMENDMENT OF THE IMMIGRATION AND the Secretary of State jointly, through the other Federal agencies, including the Sec- NATIONALITY ACT.—Section 105 of the Immi- National Institute of Standards and Tech- retary of State, Secretary of the Treasury, gration and Nationality Act (8 U.S.C. 1105) is nology (NIST), and in consultation with the and the Secretary of Transportation, shall amended— Secretary of the Treasury and other Federal report to Congress on the feasibility of en- (1) in the section heading, by inserting ‘‘; law enforcement and intelligence agencies hancing the Integrated Automated Finger- DATA EXCHANGE’’ after ‘‘SECURITY OFFICERS’’; the Attorney General or Secretary of State print Identification System (IAFIS) of the (2) by inserting ‘‘(a)’’ after ‘‘SEC. 105.’’; deems appropriate, shall within 2 years after Federal Bureau of Investigation and other (3) in subsection (a), by inserting ‘‘and bor- the date of enactment of this section, de- identification systems in order to better der’’ after ‘‘internal’’ the second place it ap- velop and certify a technology standard that identify a person who holds a foreign pass- pears; and can confirm the identity of a person applying port or a visa and may be wanted in connec- (4) by adding at the end the following: for a United States visa or such person seek- tion with a criminal investigation in the ‘‘(b)(1) The Attorney General and the Di- ing to enter the United States pursuant to a United States or abroad, before the issuance rector of the Federal Bureau of Investigation visa. of a visa to that person or the entry or exit by that person from the United States. shall provide the Department of State and (2) INTEGRATED.—The technology standard (b) AUTHORIZATION OF APPROPRIATIONS.— the Service access to the criminal history developed pursuant to paragraph (1), shall be There is authorized to be appropriated not record information contained in the National the technological basis for a cross-agency, less than $2,000,000 to carry out this section. Crime Information Center’s Interstate Iden- cross-platform electronic system that is a tification Index (NCIC-III), Wanted Persons cost-effective, efficient, fully integrated Subtitle B—Enhanced Immigration File, and to any other files maintained by means to share law enforcement and intel- Provisions the National Crime Information Center that ligence information necessary to confirm the SEC. 411. DEFINITIONS RELATING TO TER- may be mutually agreed upon by the Attor- identity of such persons applying for a RORISM. ney General and the agency receiving the ac- United States visa or such person seeking to (a) GROUNDS OF INADMISSIBILITY.—Section cess, for the purpose of determining whether enter the United States pursuant to a visa. 212(a)(3) of the Immigration and Nationality or not a visa applicant or applicant for ad- (3) ACCESSIBLE.—The electronic system de- Act (8 U.S.C. 1182(a)(3)) is amended— mission has a criminal history record inscribed in paragraph (2), once implemented, (1) in subparagraph (B)— dexed in any such file. shall be readily and easily accessible to— (A) in clause (i)— ‘‘(2) Such access shall be provided by (A) all consular officers responsible for the (i) by amending subclause (IV) to read as means of extracts of the records for place- issuance of visas; follows: ment in the automated visa lookout or other (B) all Federal inspection agents at all ‘‘(IV) is a representative (as defined in appropriate database, and shall be provided United States border inspection points; and clause (v)) of— without any fee or charge. (C) all law enforcement and intelligence of- ‘‘(aa) a foreign terrorist organization, as ‘‘(3) The Federal Bureau of Investigation ficers as determined by regulation to be redesignated by the Secretary of State under shall provide periodic updates of the extracts sponsible for investigation or identification section 219, or at intervals mutually agreed upon with the of aliens admitted to the United States pur- ‘‘(bb) a political, social or other similar agency receiving the access. Upon receipt of suant to a visa. group whose public endorsement of acts of such updated extracts, the receiving agency (4) REPORT.—Not later than 18 months terrorist activity the Secretary of State has shall make corresponding updates to its after the date of enactment of this Act, and determined undermines United States efforts database and destroy previously provided ex- every 2 years thereafter, the Attorney Gen- to reduce or eliminate terrorist activities,’’; tracts. eral and the Secretary of State shall jointly, (ii) in subclause (V), by inserting ‘‘or’’ ‘‘(4) Access to an extract does not entitle in consultation with the Secretary of Treas- after ‘‘section 219,’’; and the Department of State to obtain the full ury, report to Congress describing the devel- (iii) by adding at the end the following new content of the corresponding automated opment, implementation and efficacy of the subclauses: criminal history record. To obtain the full technology standard and electronic database ‘‘(VI) has used the alien’s position of prom- content of a criminal history record, the De- system described in this subsection. inence within any country to endorse or partment of State shall submit the appli- (d) STATUTORY CONSTRUCTION.—Nothing in espouse terrorist activity, or to persuade cant’s fingerprints and any appropriate fin- this section, or in any other law, shall be others to support terrorist activity or a ter- gerprint processing fee authorized by law to construed to limit the authority of the At- rorist organization, in a way that the Sec- the Criminal Justice Information Services torney General or the Director of the Fed- retary of State has determined undermines Division of the Federal Bureau of Investiga- eral Bureau of Investigation to provide ac- United States efforts to reduce or eliminate tion. cess to the criminal history record informa- terrorist activities, or ‘‘(c) The provision of the extracts described tion contained in the National Crime Infor- ‘‘(VII) is the spouse or child of an alien in subsection (b) may be reconsidered by the mation Center’s (NCIC) Interstate Identifica- who is inadmissible under this section, if the Attorney General and the receiving agency tion Index (NCIC-III), or to any other infor- activity causing the alien to be found inad- upon the development and deployment of a mation maintained by the NCIC, to any Fed- missible occurred within the last 5 years,’’; more cost-effective and efficient means of eral agency or officer authorized to enforce (B) by redesignating clauses (ii), (iii), and sharing the information. or administer the immigration laws of the (iv) as clauses (iii), (iv), and (v), respectively; ‘‘(d) For purposes of administering this United States, for the purpose of such en- (C) in clause (i)(II), by striking ‘‘clause section, the Department of State shall, prior forcement or administration, upon terms (iii)’’ and inserting ‘‘clause (iv)’’; to receiving access to NCIC data but not that are consistent with the National Crime (D) by inserting after clause (i) the fol- Prevention and Privacy Compact Act of 1998 later than 4 months after the date of enact- lowing: (subtitle A of title II of Public Law 105–251; ment of this subsection, promulgate final ‘‘(ii) EXCEPTION.—Subclause (VII) of clause 42 U.S.C. 14611–16) and section 552a of title 5, regulations— (i) does not apply to a spouse or child— United States Code. ‘‘(1) to implement procedures for the tak- ‘‘(I) who did not know or should not rea- ing of fingerprints; and SEC. 404. LIMITED AUTHORITY TO PAY OVER- sonably have known of the activity causing TIME. ‘‘(2) to establish the conditions for the use The matter under the headings ‘‘Immigra- the alien to be found inadmissible under this of the information received from the Federal tion And Naturalization Service: Salaries section; or Bureau of Investigation, in order— and Expenses, Enforcement And Border Af- ‘‘(II) whom the consular officer or Attor- ‘‘(A) to limit the redissemination of such fairs’’ and ‘‘Immigration And Naturalization ney General has reasonable grounds to be- information; Service: Salaries and Expenses, Citizenship lieve has renounced the activity causing the ‘‘(B) to ensure that such information is And Benefits, Immigration And Program Di- alien to be found inadmissible under this sec- used solely to determine whether or not to rection’’ in the Department of Justice Ap- tion.’’; issue a visa to an alien or to admit an alien propriations Act, 2001 (as enacted into law by (E) in clause (iii) (as redesignated by sub- to the United States; Appendix B (H.R. 5548) of Public Law 106–553 paragraph (B))— ‘‘(C) to ensure the security, confiden- (114 Stat. 2762A–58 to 2762A–59)) is amended (i) by inserting ‘‘it had been’’ before ‘‘com- tiality, and destruction of such information; by striking the following each place it oc- mitted in the United States’’; and and curs: ‘‘Provided, That none of the funds avail- (ii) in subclause (V)(b), by striking ‘‘or ‘‘(D) to protect any privacy rights of indi- able to the Immigration and Naturalization firearm’’ and inserting ‘‘, firearm, or other viduals who are subjects of such informa- Service shall be available to pay any em- weapon or dangerous device’’; tion.’’. ployee overtime pay in an amount in excess (F) by amending clause (iv) (as redesig- (b) REPORTING REQUIREMENT.—Not later of $30,000 during the calendar year beginning nated by subparagraph (B)) to read as fol- than 2 years after the date of enactment of January 1, 2001:’’. lows:

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.058 pfrm01 PsN: S04PT1 S10324 CONGRESSIONAL RECORD — SENATE October 4, 2001

‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DE- (2) by adding at the end the following new to actions by an alien taken outside the FINED.—As used in this chapter, the term ‘en- subparagraph: United States before the date of enactment gage in terrorist activity’ means, in an indi- ‘‘(F) ASSOCIATION WITH TERRORIST ORGANI- of this Act upon the recommendation of a vidual capacity or as a member of an organi- ZATIONS.—Any alien who the Secretary of consular officer who has concluded that zation— State, after consultation with the Attorney there is not reasonable ground to believe ‘‘(I) to commit or to incite to commit, General, or the Attorney General, after con- that the alien knew or reasonably should under circumstances indicating an intention sultation with the Secretary of State, deter- have known that the actions would further a to cause death or serious bodily injury, a termines has been associated with a terrorist terrorist activity. rorist activity; organization and intends while in the United (c) DESIGNATION OF FOREIGN TERRORIST OR- ‘‘(II) to prepare or plan a terrorist activity; States to engage solely, principally, or inci- GANIZATIONS.—Section 219(a) of the Immigra- ‘‘(III) to gather information on potential dentally in activities that could endanger tion and Nationality Act (8 U.S.C. 1189(a)) is targets for terrorist activity; the welfare, safety, or security of the United amended— ‘‘(IV) to solicit funds or other things of States is inadmissible.’’. (1) in paragraph (1)(B), by inserting ‘‘or terrorism (as defined in section 140(d)(2) of value for— (b) CONFORMING AMENDMENT.—Section 237(a)(4)(B) of the Immigration and Nation- the Foreign Relations Authorization Act, ‘‘(aa) a terrorist activity; ality Act (8 U.S.C. 1227(a)(4)(B)) is amended Fiscal Years 1988 and 1989 (22 U.S.C. ‘‘(bb) a terrorist organization described in by striking ‘‘section 212(a)(3)(B)(iii)’’ and in- 2656f(d)(2)) or retains the capability and in- clauses (vi)(I) or (vi)(II); or serting ‘‘section 212(a)(3)(B)(iv)’’. tent to engage in terrorist activity or ter- ‘‘(cc) a terrorist organization described in (c) RETROACTIVE APPLICATION OF AMEND- rorism)’’ after ‘‘212(a)(3)(B))’’; clause (vi)(III), unless the solicitor can dem- MENTS.— (2) in paragraph (1)(C), by inserting ‘‘or ter- onstrate that he did not know, and should (1) IN GENERAL.—Except as otherwise pro- rorism’’ after ‘‘terrorist activity’’; not reasonably have known, that the solici- vided in this subsection, the amendments (3) by amending paragraph (2)(A) to read as tation would further the organization’s ter- made by this section shall take effect on the follows: rorist activity; date of enactment of this Act and shall apply ‘‘(A) NOTICE.— ‘‘(V) to solicit any individual— to— ‘‘(i) TO CONGRESSIONAL LEADERS.—Seven ‘‘(aa) to engage in conduct otherwise de- (A) actions taken by an alien before, on, or days before making a designation under this scribed in this clause; after such date; and subsection, the Secretary shall, by classified ‘‘(bb) for membership in a terrorist organi- (B) all aliens, without regard to the date of communication, notify the Speaker and Mi- zation described in clauses (vi)(I) or (vi)(II); entry or attempted entry into the United nority Leader of the House of Representa- or States— tives, the President pro tempore, Majority ‘‘(cc) for membership in a terrorist organi- (i) in removal proceedings on or after such Leader, and Minority Leader of the Senate, zation described in clause (vi)(III), unless the date (except for proceedings in which there and the members of the relevant commit- solicitor can demonstrate that he did not has been a final administrative decision be- tees, in writing, of the intent to designate an know, and should not reasonably have fore such date); or organization under this subsection, together known, that the solicitation would further (ii) seeking admission to the United States with the findings made under paragraph (1) the organization’s terrorist activity; or on or after such date. with respect to that organization, and the ‘‘(VI) to commit an act that the actor (2) SPECIAL RULE FOR ALIENS IN EXCLUSION factual basis therefor. knows, or reasonably should know, affords OR DEPORTATION PROCEEDINGS.—Notwith- ‘‘(ii) PUBLICATION IN FEDERAL REGISTER.— material support, including a safe house, standing any other provision of law, the The Secretary shall publish the designation transportation, communications, funds, amendments made by this section shall in the Federal Register seven days after pro- transfer of funds or other material financial apply to all aliens in exclusion or deporta- viding the notification under clause (i).’’; benefit, false documentation or identification proceedings on or after the date of en- (4) in paragraph (2)(B)(i), by striking ‘‘sub- tion, weapons (including chemical, biologi- actment of this Act (except for proceedings paragraph (A)’’ and inserting ‘‘subparagraph cal, or radiological weapons), explosives, or in which there has been a final administra- (A)(ii)’’; training— tive decision before such date) as if such pro- (5) in paragraph (2)(C), by striking ‘‘para- ‘‘(aa) for the commission of a terrorist ac- ceedings were removal proceedings. graph (2)’’ and inserting ‘‘paragraph tivity; (3) SPECIAL RULE FOR SECTION 219 ORGANIZA- (2)(A)(i)’’; ‘‘(bb) to any individual who the actor TIONS AND ORGANIZATIONS DESIGNATED UNDER (6) in paragraph (3)(B), by striking ‘‘sub- knows, or reasonably should know, has com- SECTION 212(a)(3)(B)(vi)(II).— section (c)’’ and inserting ‘‘subsection (b)’’; mitted or plans to commit a terrorist activ- (A) IN GENERAL.—Notwithstanding para- (7) in paragraph (4)(B), by inserting after ity; graphs (1) and (2), no alien shall be consid- the first sentence the following: ‘‘The Sec- ‘‘(cc) to a terrorist organization described ered inadmissible under section 212(a)(3) of retary also may redesignate such organiza- in clauses (vi)(I) or (vi)(II); or the Immigration and Nationality Act (8 tion at the end of any 2-year redesignation ‘‘(dd) to a terrorist organization described U.S.C. 1182(a)(3)), or deportable under section period (but not sooner than 60 days prior to in clause (vi)(III), unless the actor can dem- 237(a)(4)(B) of such Act (8 U.S.C. the termination of such period) for an addi- onstrate that he did not know, and should 1227(a)(4)(B)), by reason of the amendments tional 2-year period upon a finding that the not reasonably have known, that the act made by subsection (a), on the ground that relevant circumstances described in para- would further the organization’s terrorist ac- the alien engaged in a terrorist activity de- graph (1) still exist. Any redesignation shall tivity. scribed in subclause (IV)(bb), (V)(bb), or be effective immediately following the end of This clause shall not apply to any material (VI)(cc) of section 212(a)(3)(B)(iv) of such Act the prior 2-year designation or redesignation support the alien afforded to an organization (as so amended) with respect to a group at period unless a different effective date is pro- or individual that has committed terrorist any time when the group was not a terrorist vided in such redesignation.’’; activity, if the Secretary of State, after con- organization designated by the Secretary of (8) in paragraph (6)(A)— sultation with the Attorney General, or the State under section 219 of such Act (8 U.S.C. (A) by inserting ‘‘or a redesignation made Attorney General, after consultation with 1189) or otherwise designated under section under paragraph (4)(B)’’ after ‘‘paragraph the Secretary of State, concludes in his sole 212(a)(3)(B)(vi)(II). (1)’’; unreviewable discretion, that this clause (B) STATUTORY CONSTRUCTION.—Subpara- (B) in clause (i)— should not apply.’’; and graph (A) shall not be construed to prevent (i) by inserting ‘‘or redesignation’’ after (D) by adding at the end the following new an alien from being considered inadmissible ‘‘designation’’ the first place it appears; and clause: or deportable for having engaged in a ter- (ii) by striking ‘‘of the designation’’; and ‘‘(vi) TERRORIST ORGANIZATION DEFINED.— rorist activity— (C) in clause (ii), by striking ‘‘of the des- As used in clause (i)(VI) and clause (iv), the (i) described in subclause (IV)(bb), (V)(bb), ignation’’; term ‘terrorist organization’ means an orga- or (VI)(cc) of section 212(a)(3)(B)(iv) of such (9) in paragraph (6)(B)— nization— Act (as so amended) with respect to a ter- (A) by striking ‘‘through (4)’’ and inserting ‘‘(I) designated under section 219; rorist organization at any time when such ‘‘and (3)’’; and ‘‘(II) otherwise designated, upon publica- organization was designated by the Sec- (B) by inserting at the end the following tion in the Federal Register, by the Sec- retary of State under section 219 of such Act new sentence: ‘‘Any revocation shall take ef- retary of State in consultation with or upon or otherwise designated under section fect on the date specified in the revocation the request of the Attorney General, as a ter- 212(a)(3)(B)(vi)(II); or or upon publication in the Federal Register rorist organization, after finding that it en- (ii) described in subclause (IV)(cc), (V)(cc), if no effective date is specified.’’; gages in the activities described in subclause or (VI)(dd) of section 212(a)(3)(B)(iv) of such (10) in paragraph (7), by inserting ‘‘, or the (I), (II), or (III) of clause (iv), or that it pro- Act (as so amended) with respect to a ter- revocation of a redesignation under para- vides material support to further terrorist rorist organization described in section graph (6),’’ after ‘‘paragraph (5) or (6)’’; and activity; or 212(a)(3)(B)(vi)(III). (11) in paragraph (8)— ‘‘(III) that is a group of two or more indi- (4) EXCEPTION.—The Secretary of State, in (A) by striking ‘‘paragraph (1)(B)’’ and in- viduals, whether organized or not, which en- consultation with the Attorney General, serting ‘‘paragraph (2)(B), or if a redesigna- gages in the activities described in subclause may determine that the amendments made tion under this subsection has become effec- (I), (II), or (III) of clause (iv).’’; and by this section shall not apply with respect tive under paragraph (4)(B)’’;

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.059 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10325 (B) by inserting ‘‘or an alien in a removal (2) the grounds for such certifications; forcement agent by the Department of Jus- proceeding’’ after ‘‘criminal action’’; and (3) the nationalities of the aliens so cer- tice who is not authorized to represent the (C) by inserting ‘‘or redesignation’’ before tified; United States in criminal or civil law en- ‘‘as a defense’’. (4) the length of the detention for each forcement litigation or to supervise such SEC. 412. MANDATORY DETENTION OF SUS- alien so certified; and proceedings. PECTED TERRORISTS; HABEAS COR- (5) the number of aliens so certified who— ‘‘(2) STATE.—The term ‘State’ includes a PUS; JUDICIAL REVIEW. (A) were granted any form of relief from Territory and the District of Columbia. (a) IN GENERAL.—The Immigration and Na- removal; ‘‘(b) CHOICE OF LAW.—Subject to any uni- tionality Act (8 U.S.C. 1101 et seq.) is amend- (B) were removed; form national rule prescribed by the Su- ed by inserting after section 236 the fol- (C) the Attorney General has determined preme Court under chapter 131, the standards lowing: are no longer aliens who may be so certified; of professional responsibility that apply to a ‘‘MANDATORY DETENTION OF SUSPECTED or Government attorney with respect to the at- TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW (D) were released from detention. torney’s work for the Government shall be— ‘‘SEC. 236A. (a) DETENTION OF TERRORIST SEC. 413. MULTILATERAL COOPERATION ‘‘(1) for conduct in connection with a pro- ALIENS.— AGAINST TERRORISTS. ceeding in or before a court, or conduct rea- ‘‘(1) CUSTODY.—The Attorney General shall Section 222(f) of the Immigration and Na- sonably intended to lead to a proceeding in take into custody any alien who is certified tionality Act (8 U.S.C. 1202(f)) is amended— or before a court, the standards of profes- under paragraph (3). (1) by striking ‘‘except that in the discre- sional responsibility established by the rules ‘‘(2) RELEASE.—Except as provided in para- tion of’’ and inserting the following: ‘‘except and decisions of the court in or before which graph (5), the Attorney General shall main- that— the proceeding is brought or is intended to tain custody of such an alien until the alien ‘‘(1) in the discretion of’’; and be brought; is removed from the United States. Such cus- (2) by adding at the end the following: ‘‘(2) for conduct in connection with a grand tody shall be maintained irrespective of any ‘‘(2) the Secretary of State, in the Sec- jury proceeding, or conduct reasonably in- relief from removal for which the alien may retary’s discretion and on the basis of reci- tended to lead to a grand jury proceeding, be eligible, or any relief from removal grant- procity, may provide to a foreign govern- the standards of professional responsibility ed the alien, until the Attorney General de- ment information in the Department of established by the rules and decisions of the termines that the alien is no longer an alien State’s computerized visa lookout database court under whose authority the grand jury who may be certified under paragraph (3). and, when necessary and appropriate, other was or will be impaneled; and ‘‘(3) CERTIFICATION.—The Attorney General records covered by this section related to in- ‘‘(3) for all other conduct, the standards of may certify an alien under this paragraph if formation in the database— professional responsibility established by the the Attorney General has reasonable grounds ‘‘(A) with regard to individual aliens, at rules and decisions of the Federal district to believe that the alien— any time on a case-by-case basis for the pur- court for the judicial district in which the ‘‘(A) is described in section 212(a)(3)(A)(i), pose of preventing, investigating, or pun- attorney principally performs his or her offi- 212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), ishing acts that would constitute a crime in cial duties. 237(a)(4)(A)(iii), or 237(a)(4)(B); or the United States, including, but not limited ‘‘(c) LICENSURE.—A Government attorney ‘‘(B) is engaged in any other activity that to, terrorism or trafficking in controlled (except foreign counsel employed in special endangers the national security of the substances, persons, or illicit weapons; or cases)— United States. ‘‘(B) with regard to any or all aliens in the ‘‘(1) shall be duly licensed and authorized to practice as an attorney under the laws of ‘‘(4) NONDELEGATION.—The Attorney Gen- database, pursuant to such conditions as the eral may delegate the authority provided Secretary of State shall establish in an a State; and under paragraph (3) only to the Commis- agreement with the foreign government in ‘‘(2) shall not be required to be a member sioner. The Commissioner may not delegate which that government agrees to use such of the bar of any particular State. ‘‘(d) UNDERCOVER ACTIVITIES.—Notwith- such authority. information and records for the purposes de- standing any provision of State law, includ- ‘‘(5) COMMENCEMENT OF PROCEEDINGS.—The scribed in subparagraph (A) or to deny visas ing disciplinary rules, statutes, regulations, Attorney General shall place an alien de- to persons who would be inadmissible to the constitutional provisions, or case law, a Gov- tained under paragraph (1) in removal pro- United States.’’. ernment attorney may, for the purpose of en- ceedings, or shall charge the alien with a TITLE V—REMOVING OBSTACLES TO forcing Federal law, provide legal advice, au- criminal offense, not later than 7 days after INVESTIGATING TERRORISM thorization, concurrence, direction, or super- the commencement of such detention. If the SEC. 501. PROFESSIONAL STANDARDS FOR GOV- vision on conducting undercover activities, requirement of the preceding sentence is not ERNMENT ATTORNEYS ACT OF 2001. and any attorney employed as an investi- satisfied, the Attorney General shall release (a) SHORT TITLE.—This title may be cited gator or other law enforcement agent by the the alien. as the ‘‘Professional Standards for Govern- Department of Justice who is not authorized ‘‘(b) HABEAS CORPUS AND JUDICIAL RE- ment Attorneys Act of 2001’’. to represent the United States in criminal or VIEW.—Judicial review of any action or deci- (b) PROFESSIONAL STANDARDS FOR GOVERN- civil law enforcement litigation or to super- sion relating to this section (including judi- MENT ATTORNEYS.—Section 530B of title 28, vise such proceedings may participate in cial review of the merits of a determination United States Code, is amended to read as such activities, even though such activities made under subsection (a)(3)) is available ex- follows: may require the use of deceit or misrepresen- clusively in habeas corpus proceedings in the ‘‘§ 530B. Professional Standards for Govern- tation, where such activities are consistent United States District Court for the District ment Attorneys with Federal law. of Columbia. Notwithstanding any other pro- ‘‘(a) DEFINITIONS.—In this section: ‘‘(e) ADMISSIBILITY OF EVIDENCE.—No viola- vision of law, including section 2241 of title tion of any disciplinary, ethical, or profes- ‘‘(1) GOVERNMENT ATTORNEY.—The term 28, United States Code, except as provided in sional conduct rule shall be construed to per- the preceding sentence, no court shall have ‘Government attorney’— ‘‘(A) means the Attorney General; the Dep- mit the exclusion of otherwise admissible jurisdiction to review, by habeas corpus peti- evidence in any Federal criminal pro- uty Attorney General; the Solicitor General; tion or otherwise, any such action or deci- ceedings. the Associate Attorney General; the head of, sion. ‘‘(f) RULEMAKING AUTHORITY.—The Attor- ‘‘(c) STATUTORY CONSTRUCTION.—The provi- and any attorney employed in, any division, ney General shall make and amend rules of sions of this section shall not be applicable office, board, bureau, component, or agency the Department of Justice to ensure compli- to any other provisions of the Immigration of the Department of Justice; any United ance with this section.’’. and Nationality Act.’’. States Attorney; any Assistant United (c) TECHNICAL AND CONFORMING AMEND- (b) CLERICAL AMENDMENT.—The table of States Attorney; any Special Assistant to MENT.—The analysis for chapter 31 of title 28, contents of the Immigration and Nationality the Attorney General or Special Attorney United States Code, is amended, in the item Act is amended by inserting after the item appointed under section 515; any Special As- relating to section 530B, by striking ‘‘Ethical relating to section 236 the following: sistant United States Attorney appointed standards for attorneys for the Government’’ ‘‘Sec. 236A. Mandatory detention of sus- under section 543 who is authorized to con- and inserting ‘‘Professional standards for pected terrorist; habeas corpus; duct criminal or civil law enforcement inves- Government attorneys’’. judicial review.’’. tigations or proceedings on behalf of the (d) REPORTS.— (c) REPORTS.—Not later than 6 months United States; any other attorney employed (1) UNIFORM RULE.—In order to encourage after the date of the enactment of this Act, by the Department of Justice who is author- the Supreme Court to prescribe, under chap- and every 6 months thereafter, the Attorney ized to conduct criminal or civil law enforce- ter 131 of title 28, United States Code, a uni- General shall submit a report to the Com- ment proceedings on behalf of the United form national rule for Government attorneys mittee on the Judiciary of the House of Rep- States; any independent counsel, or em- with respect to communications with representatives and the Committee on the Judi- ployee of such counsel, appointed under resented persons and parties, not later than ciary of the Senate, with respect to the re- chapter 40; and any outside special counsel, 1 year after the date of enactment of this porting period, on— or employee of such counsel, as may be duly Act, the Judicial Conference of the United (1) the number of aliens certified under appointed by the Attorney General; and States shall submit to the Chief Justice of section 236A(a)(3) of the Immigration and ‘‘(B) does not include any attorney em- the United States a report, which shall in- Nationality Act, as added by subsection (a); ployed as an investigator or other law en- clude recommendations with respect to

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.059 pfrm01 PsN: S04PT1 S10326 CONGRESSIONAL RECORD — SENATE October 4, 2001 amending the Federal Rules of Practice and (1) in subsection (b)— SEC. 506. MISCELLANEOUS NATIONAL SECURITY Procedure to provide for such a uniform na- (A) in paragraph (4), by striking ‘‘or’’ at AUTHORITIES. tional rule. the end; (a) TELEPHONE TOLL AND TRANSACTIONAL (2) ACTUAL OR POTENTIAL CONFLICTS.—Not (B) in paragraph (5), by striking the period RECORDS.—Section 2709(b) of title 18, United later than 2 years after the date of enact- at the end and inserting ‘‘, including by dis- States Code, is amended— ment of this Act, the Judicial Conference of mantling an organization in whole or signifi- (1) in the matter preceding paragraph (1), the United States shall submit to the Chair- cant part; or’’; and by inserting ‘‘at Bureau headquarters or a men and Ranking Members of the Commit- (C) by adding at the end the following: Special Agent in Charge in a Bureau field of- tees on the Judiciary of the House of Rep- ‘‘(6) the identification or location of an in- fice designated by the Director’’ after ‘‘As- resentatives and the Senate a report, which dividual who holds a key leadership position sistant Director’’; shall include— in a terrorist organization.’’; (2) in paragraph (1)— (A) a review of any areas of actual or po- (2) in subsection (d), by striking para- (A) by striking ‘‘in a position not lower tential conflict between specific Federal du- graphs (2) and (3) and redesignating para- than Deputy Assistant Director’’; and ties related to the investigation and prosecu- graph (4) as paragraph (2); and (B) by striking ‘‘made that’’ and all that tion of violations of Federal law and the reg- (3) in subsection (e)(1), by inserting ‘‘, ex- follows and inserting the following: ‘‘made ulation of Government attorneys (as that cept as personally authorized by the Sec- that the name, address, length of service, term is defined in section 530B of title 28, retary of State if he determines that offer or and toll billing records sought are relevant United States Code, as amended by this Act) payment of an award of a larger amount is to an authorized investigation to protect by existing standards of professional respon- necessary to combat terrorism or defend the against international terrorism or clandes- sibility; and Nation against terrorist acts.’’ after tine intelligence activities, provided that (B) recommendations with respect to ‘‘$5,000,000’’. such an investigation of a United States per- amending the Federal Rules of Practice and SEC. 504. DNA IDENTIFICATION OF TERRORISTS son is not conducted solely on the basis of Procedure to provide for additional rules AND OTHER VIOLENT OFFENDERS. activities protected by the first amendment governing attorney conduct to address any Section 3(d)(2) of the DNA Analysis Back- to the Constitution of the United States; areas of actual or potential conflict identi- log Elimination Act of 2000 (42 U.S.C. and’’; and fied pursuant to the review under subpara- 14135a(d)(2)) is amended to read as follows: (3) in paragraph (2)— graph (A). ‘‘(2) In additional to the offenses described (A) by striking ‘‘in a position not lower (3) REPORT CONSIDERATIONS.—In carrying in paragraph (1), the following offenses shall than Deputy Assistant Director’’; and out paragraphs (1) and (2), the Judicial Con- be treated for purposes of this section as (B) by striking ‘‘made that’’ and all that ference of the United States shall take into qualifying Federal offenses, as determined follows and inserting the following: ‘‘made consideration— by the Attorney General: that the information sought is relevant to an (A) the needs and circumstances of ‘‘(A) Any offense listed in section authorized investigation to protect against multiforum and multijurisdictional litiga- 2332b(g)(5)(B) of title 18, United States Code. international terrorism or clandestine intel- tion; ‘‘(B) Any crime of violence (as defined in ligence activities, provided that such an in- (B) the special needs and interests of the section 16 of title 18, United States Code). vestigation of a United States person is not United States in investigating and pros- ‘‘(C) Any attempt or conspiracy to commit conducted solely upon the basis of activities ecuting violations of Federal criminal and any of the above offenses.’’. protected by the first amendment to the civil law; and SEC. 505. COORDINATION WITH LAW ENFORCE- Constitution of the United States.’’. (C) practices that are approved under Fed- MENT. (b) FINANCIAL RECORDS.—Section eral statutory or case law or that are other- (a) INFORMATION ACQUIRED FROM AN ELEC- 1114(a)(5)(A) of the Right to Financial Pri- wise consistent with traditional Federal law TRONIC SURVEILLANCE.—Section 106 of the vacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is enforcement techniques. Foreign Intelligence Surveillance Act of 1978 amended— SEC. 502. ATTORNEY GENERAL’S AUTHORITY TO (50 U.S.C. 1806), is amended by adding at the (1) by inserting ‘‘in a position not lower PAY REWARDS TO COMBAT TER- end the following: RORISM. than Deputy Assistant Director at Bureau ‘‘(k)(1) Federal officers who conduct elec- (a) PAYMENT OF REWARDS TO COMBAT TER- headquarters or a Special Agent in Charge in tronic surveillance to acquire foreign intel- RORISM.—Funds available to the Attorney a Bureau field office designated by the Direc- ligence information under this title may General may be used for the payment of re- tor’’ after ‘‘designee’’; and consult with Federal law enforcement offi- wards pursuant to public advertisements for (2) by striking ‘‘sought’’ and all that fol- cers to coordinate efforts to investigate or assistance to the Department of Justice to lows and inserting ‘‘sought for foreign protect against— combat terrorism and defend the Nation counter intelligence purposes to protect ‘‘(A) actual or potential attack or other against terrorist acts, in accordance with against international terrorism or clandes- grave hostile acts of a foreign power or an procedures and regulations established or tine intelligence activities, provided that agent of a foreign power; issued by the Attorney General. such an investigation of a United States per- ‘‘(B) sabotage or international terrorism (b) CONDITIONS.—In making rewards under son is not conducted solely upon the basis of by a foreign power or an agent of a foreign this section— activities protected by the first amendment power; or (1) no such reward of $250,000 or more may to the Constitution of the United States.’’. be made or offered without the personal ap- ‘‘(C) clandestine intelligence activities by proval of either the Attorney General or the an intelligence service or network of a for- (c) CONSUMER REPORTS.—Section 624 of the President; eign power or by an agent of a foreign power. Fair Credit Reporting Act (15 U.S.C. 1681u) is (2) the Attorney General shall give written ‘‘(2) Coordination authorized under para- amended— notice to the Chairmen and ranking minor- graph (1) shall not preclude the certification (1) in subsection (a)— ity members of the Committees on Appro- required by section 104(a)(7)(B) or the entry (A) by inserting ‘‘in a position not lower priations and the Judiciary of the Senate of an order under section 105.’’. than Deputy Assistant Director at Bureau and of the House of Representatives not later (b) INFORMATION ACQUIRED FROM A PHYS- headquarters or a Special Agent in Charge of than 30 days after the approval of a reward ICAL SEARCH.—Section 305 of the Foreign In- a Bureau field office designated by the Direc- under paragraph (1); telligence Surveillance Act of 1978 (50 U.S.C. tor’’ after ‘‘designee’’ the first place it ap- (3) any executive agency or military de- 1825) is amended by adding at the end the fol- pears; and partment (as defined, respectively, in sec- lowing: (B) by striking ‘‘in writing that’’ and all tions 105 and 102 of title 5, United States ‘‘(k)(1) Federal officers who conduct phys- that follows through the end and inserting Code) may provide the Attorney General ical searches to acquire foreign intelligence the following: ‘‘in writing, that such infor- with funds for the payment of rewards; information under this title may consult mation is sought for the conduct of an au- (4) neither the failure of the Attorney Gen- with Federal law enforcement officers to co- thorized investigation to protect against eral to authorize a payment nor the amount ordinate efforts to investigate or protect international terrorism or clandestine intel- authorized shall be subject to judicial re- against— ligence activities, provided that such an in- view; and ‘‘(A) actual or potential attack or other vestigation of a United States person is not (5) no such reward shall be subject to any grave hostile acts of a foreign power or an conducted solely upon the basis of activities per- or aggregate reward spending limitation agent of a foreign power; protected by the first amendment to the established by law, unless that law expressly ‘‘(B) sabotage or international terrorism Constitution of the United States.’’; refers to this section, and no reward paid by a foreign power or an agent of a foreign (2) in subsection (b)— pursuant to any such offer shall count to- power; or (A) by inserting ‘‘in a position not lower ward any such aggregate reward spending ‘‘(C) clandestine intelligence activities by than Deputy Assistant Director at Bureau limitation. an intelligence service or network of a for- headquarters or a Special Agent in Charge of SEC. 503. SECRETARY OF STATE’S AUTHORITY TO eign power or by an agent of a foreign power. a Bureau field office designated by the Direc- PAY REWARDS. ‘‘(2) Coordination authorized under para- tor’’ after ‘‘designee’’ the first place it ap- Section 36 of the State Department Basic graph (1) shall not preclude the certification pears; and Authorities Act of 1956 (Public Law 885, Au- required by section 303(a)(7) or the entry of (B) by striking ‘‘in writing that’’ and all gust 1, 1956; 22 U.S.C. 2708) is amended— an order under section 304.’’. that follows through the end and inserting

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.059 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10327 the following: ‘‘in writing that such informa- national terrorism as defined in section 2331 TITLE VI—PROVIDING FOR VICTIMS OF tion is sought for the conduct of an author- of that title; and TERRORISM, PUBLIC SAFETY OFFICERS, ized investigation to protect against inter- ‘‘(B) for official purposes related to the in- AND THEIR FAMILIES national terrorism or clandestine intel- vestigation or prosecution of an offense de- Subtitle A—Aid to Families of Public Safety ligence activities, provided that such an inscribed in paragraph (1)(A), retain, dissemi- Officers vestigation of a United States person is not nate, and use (including as evidence at trial conducted solely upon the basis of activities or in other administrative or judicial pro- SEC. 611. EXPEDITED PAYMENT FOR PUBLIC protected by the first amendment to the ceedings) such records, consistent with such SAFETY OFFICERS INVOLVED IN THE Constitution of the United States.’’; and guidelines as the Attorney General, after PREVENTION, INVESTIGATION, RES- (3) in subsection (c)— consultation with the Secretary, shall issue CUE, OR RECOVERY EFFORTS RE- LATED TO A TERRORIST ATTACK. (A) by inserting ‘‘in a position not lower to protect confidentiality. than Deputy Assistant Director at Bureau ‘‘(2) APPLICATION AND APPROVAL.— (a) IN GENERAL.—Notwithstanding the lim- headquarters or a Special Agent in Charge in ‘‘(A) IN GENERAL.—An application under itations of subsection (b) of section 1201 or a Bureau field office designated by the Direc- paragraph (1) shall certify that there are spe- the provisions of subsections (c), (d), and (e) tor’’ after ‘‘designee of the Director’’; and cific and articulable facts giving reason to of such section or section 1202 of title I of the (B) by striking ‘‘in camera that’’ and all believe that the education records are likely Omnibus Crime Control and Safe Streets Act that follows through ‘‘States.’’ and inserting to contain information described in para- of 1968 (42 U.S.C. 3796, 3796a), upon certifi- the following: ‘‘in camera that the consumer graph (1)(A). cation (containing identification of all eligi- report is sought for the conduct of an au- ‘‘(B) The court shall issue an order de- ble payees of benefits pursuant to section thorized investigation to protect against scribed in paragraph (1) if the court finds 1201 of such Act) by a public agency that a international terrorism or clandestine intel- that the application for the order includes public safety officer employed by such agen- ligence activities, provided that such an in- the certification described in subparagraph cy was killed or suffered a catastrophic investigation of a United States person is not (A). jury producing permanent and total disability as a direct and proximate result of a conducted solely upon the basis of activities ‘‘(3) PROTECTION OF EDUCATIONAL AGENCY OR personal injury sustained in the line of duty protected by the first amendment to the INSTITUTION.—An educational agency or in- Constitution of the United States.’’. stitution that, in good faith, produces edu- as described in section 1201 of such Act in SEC. 507. EXTENSION OF SECRET SERVICE JURIS- cation records in accordance with an order connection with prevention, investigation, DICTION. issued under this subsection shall not be lia- rescue, or recovery efforts related to a ter- (a) CONCURRENT JURISDICTION UNDER 18 ble to any person for that production. rorist attack, the Director of the Bureau of Justice Assistance shall authorize payment U.S.C. 1030.—Section 1030(d) of title 18, ‘‘(4) RECORD-KEEPING.—Subsection (b)(4) to qualified beneficiaries, said payment to be United States Code, is amended to read as does not apply to education records subject made not later than 30 days after receipt of follows: to a court order under this subsection.’’. ‘‘(d)(1) The United States Secret Service such certification, benefits described under shall, in addition to any other agency having SEC. 509. DISCLOSURE OF INFORMATION FROM subpart 1 of part L of such Act (42 U.S.C. 3796 such authority, have the authority to inves- NCES SURVEYS. et seq.). tigate offenses under this section. Section 408 of the National Education Sta- (b) DEFINITIONS.—For purposes of this sec- ‘‘(2) The Federal Bureau of Investigation tistics Act of 1994 (20 U.S.C. 9007), is amended tion, the terms ‘‘catastrophic injury’’, ‘‘pub- shall have primary authority to investigate by adding after subsection (b) a new sub- lic agency’’, and ‘‘public safety officer’’ have offenses under subsection (a)(1) for any cases the same meanings given such terms in sec- section (c) to read as follows: involving espionage, foreign counterintel- tion 1204 of title I of the Omnibus Crime Con- ligence, information protected against unau- ‘‘(c) INVESTIGATION AND PROSECUTION OF trol and Safe Streets Act of 1968 (42 U.S.C. thorized disclosure for reasons of national TERRORISM.— 3796b). defense or foreign relations, or Restricted ‘‘(1) IN GENERAL.—Notwithstanding sub- SEC. 612. TECHNICAL CORRECTION WITH RE- Data (as that term is defined in section 11y sections (a) and (b), the Attorney General (or SPECT TO EXPEDITED PAYMENTS of the Atomic Energy Act of 1954 (42 U.S.C. any Federal officer or employee, in a posi- FOR HEROIC PUBLIC SAFETY OFFI- 2014(y)), except for offenses affecting the du- tion not lower than an Assistant Attorney CERS. ties of the United States Secret Service pur- General, designated by the Attorney Gen- Section 1 of Public Law 107-37 (an Act to suant to section 3056(a) of this title. eral) may submit a written application to a provide for the expedited payment of certain ‘‘(3) Such authority shall be exercised in court of competent jurisdiction for an ex benefits for a public safety officer who was accordance with an agreement which shall be parte order requiring the Secretary to per- killed or suffered a catastrophic injury as a entered into by the Secretary of the Treas- mit the Attorney General (or his designee) direct and proximate result of a personal in- ury and the Attorney General.’’. to— jury sustained in the line of duty in connec- (b) REAUTHORIZATION OF JURISDICTION ‘‘(A) collect reports, records, and information with the terrorist attacks of September UNDER 18 U.S.C. 1344.—Section 3056(b)(3) of tion (including individually identifiable in- 11, 2001) is amended by— title 18, United States Code, is amended by formation) in the possession of the center (1) inserting before ‘‘by a’’ the following: striking ‘‘credit and debit card frauds, and that are relevant to an authorized investiga- ‘‘(containing identification of all eligible false identification documents or devices’’ tion or prosecution of an offense listed in payees of benefits pursuant to section 1201)’’; and inserting ‘‘access device frauds, false section 2332b(g)(5)(B) of title 18, United (2) inserting ‘‘producing permanent and identification documents or devices, and any States Code, or an act of domestic or inter- total disability’’ after ‘‘suffered a cata- fraud or other criminal or unlawful activity national terrorism as defined in section 2331 strophic injury’’; and in or against any federally insured financial of that title; and (2) striking ‘‘1201(a)’’ and inserting ‘‘1201’’. institution’’. ‘‘(B) for official purposes related to the in- SEC. 508. DISCLOSURE OF EDUCATIONAL vestigation or prosecution of an offense de- SEC. 613. PUBLIC SAFETY OFFICERS BENEFIT RECORDS. scribed in paragraph (1)(A), retain, dissemi- PROGRAM PAYMENT INCREASE. Section 444 of the General Education Pro- nate, and use (including as evidence at trial (a) PAYMENTS.—Section 1201(a) of the Om- visions Act (20 U.S.C. 1232g), is amended by or in other administrative or judicial pro- nibus Crime Control and Safe Streets Act of adding after subsection (i) a new subsection ceedings) such information, consistent with 1968 (42 U.S.C. 3796) is amended by striking (j) to read as follows: such guidelines as the Attorney General, ‘‘$100,000’’ and inserting ‘‘$250,000’’. ‘‘(j) INVESTIGATION AND PROSECUTION OF after consultation with the Secretary, shall (b) APPLICABILITY.—The amendment made TERRORISM.— issue to protect confidentiality. by subsection (a) shall apply to any death or ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(2) APPLICATION AND APPROVAL.— disability occurring on or after January 1, sections (a) through (i) or any provision of ‘‘(A) IN GENERAL.—An application under 2001. State law, the Attorney General (or any Fed- paragraph (1) shall certify that there are spe- eral officer or employee, in a position not cific and articulable facts giving reason to SEC. 614. OFFICE OF JUSTICE PROGRAMS. lower than an Assistant Attorney General, believe that the information sought is de- Section 112 of title I of section 101(b) of di- designated by the Attorney General) may scribed in paragraph (1)(A). vision A of Public Law 105–277 and section submit a written application to a court of ‘‘(B) The court shall issue an order de- 108(a) of appendix A of Public Law 106–113 competent jurisdiction for an ex parte order scribed in paragraph (1) if the court finds (113 Stat. 1501A–20) are amended— requiring an educational agency or institu- that the application for the order includes (1) after ‘‘that Office’’, each place it occurs, tion to permit the Attorney General (or his the certification described in subparagraph by inserting ‘‘(including, notwithstanding designee) to— (A). any contrary provision of law (unless the ‘‘(A) collect education records in the pos- ‘‘(3) PROTECTION.—An officer or employee same should expressly refer to this section), session of the educational agency or institu- of the Department who, in good faith, pro- any organization that administers any pro- tion that are relevant to an authorized in- duces information in accordance with an gram established in title 1 of Public Law 90– vestigation or prosecution of an offense list- order issued under this subsection does not 351)’’; and ed in section 2332b(g)(5)(B) of title 18 United violate subsection (b)(2) and shall not be lia- (2) by inserting ‘‘functions, including any’’ States Code, or an act of domestic or inter- ble to any person for that production.’’. after ‘‘all’’.

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.059 pfrm01 PsN: S04PT1 S10328 CONGRESSIONAL RECORD — SENATE October 4, 2001 Subtitle B—Amendments to the Victims of less the same should expressly refer to this date of final regulations issued pursuant to Crime Act of 1984 section), any such amounts carried over section 407 of Public Law 107–42, to provide SEC. 621. CRIME VICTIMS FUND. shall not be subject to any limitation on ob- compensation otherwise required pursuant (a) DEPOSIT OF GIFTS IN THE FUND.—Section ligations from amounts deposited to or to section 1403 of the Victims of Crime Act of 1402(b) of the Victims of Crime Act of 1984 (42 available in the Fund.’’. 1984 (42 U.S.C. 10602) shall not render that U.S.C. 10601(b)) is amended— (e) VICTIMS OF SEPTEMBER 11, 2001.— program ineligible for future grants under (1) in paragraph (3), by striking ‘‘and’’ at Amounts transferred to the Crime Victims the Victims of Crime Act of 1984. the end; Fund for use in responding to the airplane SEC. 623. CRIME VICTIM ASSISTANCE. (2) in paragraph (4), by striking the period hijackings and terrorist acts (including any (a) ASSISTANCE FOR VICTIMS IN THE DIS- at the end and inserting ‘‘; and’’; and related search, rescue, relief, assistance, or TRICT OF COLUMBIA, PUERTO RICO, AND OTHER (3) by adding at the end the following: other similar activities) that occurred on TERRITORIES AND POSSESSIONS.—Section ‘‘(5) any gifts, bequests, or donations to the September 11, 2001, shall not be subject to 1404(a) of the Victims of Crime Act of 1984 (42 Fund from private entities or individuals.’’. any limitation on obligations from amounts U.S.C. 10603(a)) is amended by adding at the (b) FORMULA FOR FUND DISTRIBUTIONS.— deposited to or available in the Fund, not- end the following: Section 1402(c) of the Victims of Crime Act withstanding— ‘‘(6) An agency of the Federal Government of 1984 (42 U.S.C. 10601(c)) is amended to read (1) section 619 of the Departments of Com- performing local law enforcement functions as follows: merce, Justice, and State, the Judiciary, and in and on behalf of the District of Columbia, ‘‘(c) FUND DISTRIBUTION; RETENTION OF Related Agencies Appropriations Act, 2001, the Commonwealth of Puerto Rico, the SUMS IN FUND; AVAILABILITY FOR EXPENDI- and any similar limitation on Fund obliga- United States Virgin Islands, or any other TURE WITHOUT FISCAL YEAR LIMITATION.— tions in such Act for Fiscal Year 2002; and territory or possession of the United States ‘‘(1) Subject to the availability of money in (2) subsections (c) and (d) of section 1402 of may qualify as an eligible crime victim as- the Fund, in each fiscal year, beginning with the Victims of Crime Act of 1984 (42 U.S.C. sistance program for the purpose of grants fiscal year 2003, the Director shall distribute 10601). under this subsection, or for the purpose of not less than 90 percent nor more than 110 SEC. 622. CRIME VICTIM COMPENSATION. grants under subsection (c)(1).’’. percent of the amount distributed from the (a) ALLOCATION OF FUNDS FOR COMPENSA- (b) PROHIBITION ON DISCRIMINATION AGAINST Fund in the previous fiscal year, except the TION AND ASSISTANCE.—Paragraphs (1) and (2) CERTAIN VICTIMS.—Section 1404(b)(1) of the Director may distribute up to 120 percent of of section 1403(a) of the Victims of Crime Act Victims of Crime Act of 1984 (42 U.S.C. the amount distributed in the previous fiscal of 1984 (42 U.S.C. 10602(a)) are amended by in- 10603(b)(1)) is amended— year in any fiscal year that the total amount serting ‘‘in fiscal year 2002 and of 60 percent (1) in subparagraph (D), by striking ‘‘and’’ available in the Fund is more than 2 times in subsequent fiscal years’’ after ‘‘40 per- at the end; the amount distributed in the previous fiscal cent’’. (2) in subparagraph (E), by striking the pe- year. (b) LOCATION OF COMPENSABLE CRIME.—Sec- riod at the end and inserting ‘‘; and’’; and ‘‘(2) In each fiscal year, the Director shall tion 1403(b)(6)(B) of the Victims of Crime Act (3) by adding at the end the following: distribute amounts from the Fund in accord- of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by ‘‘(F) does not discriminate against victims ance with subsection (d). All sums not dis- striking ‘‘are outside the United States (if because they disagree with the way the tributed during a fiscal year shall remain in the compensable crime is terrorism, as de- State is prosecuting the criminal case.’’. reserve in the Fund to be distributed during fined in section 2331 of title 18), or’’. (c) GRANTS FOR PROGRAM EVALUATION AND a subsequent fiscal year. Notwithstanding (c) RELATIONSHIP OF CRIME VICTIM COM- COMPLIANCE EFFORTS.—Section 1404(c)(1)(A) any other provision of law, all sums depos- PENSATION TO MEANS-TESTED FEDERAL BEN- of the Victims of Crime Act of 1984 (42 U.S.C. ited in the Fund that are not distributed EFIT PROGRAMS.—Section 1403 of the Victims 10603(c)(1)(A)) is amended by inserting ‘‘, pro- shall remain in reserve in the Fund for obli- of Crime Act of 1984 (42 U.S.C. 10602) is gram evaluation, compliance efforts,’’ after gation in future fiscal years, without fiscal amended by striking subsection (c) and in- ‘‘demonstration projects’’. year limitation.’’. serting the following: (d) ALLOCATION OF DISCRETIONARY (c) ALLOCATION OF FUNDS FOR COSTS AND ‘‘(c) EXCLUSION FROM INCOME, RESOURCES, GRANTS.—Section 1404(c)(2) of the Victims of GRANTS.—Section 1402(d)(4) of the Victims of AND ASSETS FOR PURPOSES OF MEANS Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is TESTS.—Notwithstanding any other law amended— amended— (other than title IV of Public Law 107–42), for (1) in subparagraph (A), by striking ‘‘not (1) by striking ‘‘deposited in’’ and inserting the purpose of any maximum allowed in- more than’’ and inserting ‘‘not less than’’; ‘‘to be distributed from’’; come, resource, or asset eligibility require- and (2) in subparagraph (A), by striking ‘‘48.5’’ ment in any Federal, State, or local govern- (2) in subparagraph (B), by striking ‘‘not and inserting ‘‘47.5’’; ment program using Federal funds that pro- less than’’ and inserting ‘‘not more than’’. (3) in subparagraph (B), by striking ‘‘48.5’’ vides medical or other assistance (or pay- (e) FELLOWSHIPS AND CLINICAL INTERN- and inserting ‘‘47.5’’; and ment or reimbursement of the cost of such SHIPS.—Section 1404(c)(3) of the Victims of (4) in subparagraph (C), by striking ‘‘3’’ and assistance), any amount of crime victim Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is inserting ‘‘5’’. compensation that the applicant receives amended— (d) ANTITERRORISM EMERGENCY RESERVE.— through a crime victim compensation pro- (1) in subparagraph (C), by striking ‘‘and’’ Section 1402(d)(5) of the Victims of Crime gram under this section shall not be included at the end; Act of 1984 (42 U.S.C. 10601(d)(5)) is amended in the income, resources, or assets of the ap- (2) in subparagraph (D), by striking the pe- to read as follows: plicant, nor shall that amount reduce the riod at the end and inserting ‘‘; and’’; and ‘‘(5)(A) In addition to the amounts distrib- amount of the assistance available to the ap- (3) by adding at the end the following: uted under paragraphs (2), (3), and (4), the Di- plicant from Federal, State, or local govern- ‘‘(E) use funds made available to the Direc- rector may set aside up to $50,000,000 from ment programs using Federal funds, unless tor under this subsection— the amounts transferred to the Fund for use the total amount of assistance that the ap- ‘‘(i) for fellowships and clinical intern- in responding to the airplane hijackings and plicant receives from all such programs is ships; and terrorist acts that occurred on September 11, sufficient to fully compensate the applicant ‘‘(ii) to carry out programs of training and 2001, as an antiterrorism emergency reserve. for losses suffered as a result of the crime.’’. special workshops for the presentation and The Director may replenish any amounts ex- (d) DEFINITIONS OF ‘‘COMPENSABLE CRIME’’ dissemination of information resulting from pended from such reserve in subsequent fis- AND ‘‘STATE’’.—Section 1403(d) of the Victims demonstrations, surveys, and special cal years by setting aside up to 5 percent of of Crime Act of 1984 (42 U.S.C. 10602(d)) is projects.’’. the amounts remaining in the Fund in any amended— SEC. 624. VICTIMS OF TERRORISM. fiscal year after distributing amounts under (1) in paragraph (3), by striking ‘‘crimes in- (a) COMPENSATION AND ASSISTANCE TO VIC- paragraphs (2), (3) and (4). Such reserve shall volving terrorism,’’; and TIMS OF DOMESTIC TERRORISM.—Section not exceed $50,000,000. (2) in paragraph (4), by inserting ‘‘the 1404B(b) of the Victims of Crime Act of 1984 ‘‘(B) The antiterrorism emergency reserve United States Virgin Islands,’’ after ‘‘the (42 U.S.C. 10603b(b)) is amended to read as referred to in subparagraph (A) may be used Commonwealth of Puerto Rico,’’. follows: for supplemental grants under section 1404B (e) RELATIONSHIP OF ELIGIBLE CRIME VICTIM ‘‘(b) VICTIMS OF TERRORISM WITHIN THE and to provide compensation to victims of COMPENSATION PROGRAMS TO THE SEPTEMBER UNITED STATES.—The Director may make international terrorism under section 1404C. 11TH VICTIM COMPENSATION FUND.— supplemental grants as provided in section ‘‘(C) Amounts in the antiterrorism emer- (1) IN GENERAL.—Section 1403(e) of the Vic- 1402(d)(5) to States for eligible crime victim gency reserve established pursuant to sub- tims of Crime Act of 1984 (42 U.S.C. 10602(e)) compensation and assistance programs, and paragraph (A) may be carried over from fis- is amended by inserting ‘‘including the pro- to victim service organizations, public agen- cal year to fiscal year. Notwithstanding sub- gram established under title IV of Public cies (including Federal, State, or local gov- section (c) and section 619 of the Depart- Law 107–42,’’ after ‘‘Federal program,’’. ernments) and nongovernmental organiza- ments of Commerce, Justice, and State, the (2) COMPENSATION.—With respect to any tions that provide assistance to victims of Judiciary, and Related Agencies Appropria- compensation payable under title IV of Pub- crime, which shall be used to provide emer- tions Act, 2001 (and any similar limitation lic Law 107–42, the failure of a crime victim gency relief, including crisis response ef- on Fund obligations in any future Act, un- compensation program, after the effective forts, assistance, compensation, training and

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.059 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10329 technical assistance, and ongoing assistance, of, or in support of the operation of, a mass ‘‘(8) the term ‘toxin’ has the meaning given including during any investigation or pros- transportation vehicle or ferry, without pre- to that term in section 178(2) of this title.’’. ecution, to victims of terrorist acts or mass viously obtaining the permission of the mass (f) CONFORMING AMENDMENT.—The analysis violence occurring within the United transportation provider, and knowing or of chapter 97 of title 18, United States Code, States.’’. having reason to know such activity would is amended by adding at the end: (b) ASSISTANCE TO VICTIMS OF INTER- likely derail, disable, or wreck a mass trans- ‘‘1993. Terrorist attacks and other acts of vi- NATIONAL TERRORISM.—Section 1404B(a)(1) of portation vehicle or ferry used, operated, or olence against mass transpor- the Victims of Crime Act of 1984 (42 U.S.C. employed by the mass transportation pro- tation systems.’’. 10603b(a)(1)) is amended by striking ‘‘who are vider; SEC. 802. EXPANSION OF THE BIOLOGICAL WEAP- not persons eligible for compensation under ‘‘(4) removes appurtenances from, dam- ONS STATUTE. title VIII of the Omnibus Diplomatic Secu- ages, or otherwise impairs the operation of a Chapter 10 of title 18, United States Code, rity and Antiterrorism Act of 1986’’. mass transportation signal system, including is amended— (c) COMPENSATION TO VICTIMS OF INTER- a train control system, centralized dis- (1) in section 175— NATIONAL TERRORISM.—Section 1404C(b) of patching system, or rail grade crossing warn- (A) in subsection (b)— the Victims of Crime of 1984 (42 U.S.C. ing signal; (i) by striking ‘‘does not include’’ and in- 10603c(b)) is amended by adding at the end ‘‘(5) interferes with, disables, or incapaci- serting ‘‘includes’’; the following: ‘‘The amount of compensation tates any dispatcher, driver, captain, or per- (ii) by inserting ‘‘other than’’ after ‘‘sys- awarded to a victim under this subsection son while they are employed in dispatching, tem for’’; and shall be reduced by any amount that the vic- operating, or maintaining a mass transpor- (iii) by inserting ‘‘bona fide research’’ after tim received in connection with the same act tation vehicle or ferry, with intent to endan- ‘‘protective’’; of international terrorism under title VIII of ger the safety of any passenger or employee (B) by redesignating subsection (b) as sub- the Omnibus Diplomatic Security and of the mass transportation provider, or with section (c); and Antiterrorism Act of 1986.’’. a reckless disregard for the safety of human (C) by inserting after subsection (a) the fol- TITLE VII—INCREASED INFORMATION life; lowing: SHARING FOR CRITICAL INFRASTRUC- ‘‘(6) commits an act, including the use of a ‘‘(b) ADDITIONAL OFFENSE.—Whoever know- TURE PROTECTION dangerous weapon, with the intent to cause ingly possesses any biological agent, toxin, SEC. 711. EXPANSION OF REGIONAL INFORMA- death or serious bodily injury to an em- or delivery system of a type or in a quantity TION SHARING SYSTEM TO FACILI- ployee or passenger of a mass transportation that, under the circumstances, is not reason- TATE FEDERAL-STATE-LOCAL LAW provider or any other person while any of the ably justified by a prophylactic, protective, ENFORCEMENT RESPONSE RELATED foregoing are on the property of a mass bona fide research, or other peaceful purpose, TO TERRORIST ATTACKS. transportation provider; shall be fined under this title, imprisoned Section 1301 of title I of the Omnibus ‘‘(7) conveys or causes to be conveyed false not more than 10 years, or both. In this sub- Crime Control and Safe Streets Act of 1968 information, knowing the information to be section, the terms ‘biological agent’ and (42 U.S.C. 3796h) is amended— false, concerning an attempt or alleged at- ‘toxin’ do not encompass any biological (1) in subsection (a), by inserting ‘‘and ter- tempt being made or to be made, to do any agent or toxin that is in its naturally occur- rorist conspiracies and activities’’ after ‘‘ac- act which would be a crime prohibited by ring environment, if the biological agent or tivities’’; this subsection; or toxin has not been cultivated, collected, or (2) in subsection (b)— ‘‘(8) attempts, threatens, or conspires to do otherwise extracted from its natural (A) in paragraph (3), by striking ‘‘and’’ any of the aforesaid acts, source.’’; after the semicolon; shall be fined under this title or imprisoned (2) by inserting after section 175a the fol- (B) by redesignating paragraph (4) as para- not more than twenty years, or both, if such lowing: graph (5); act is committed, or in the case of a threat (C) by inserting after paragraph (3) the fol- ‘‘SEC. 175b. POSSESSION BY RESTRICTED PER- or conspiracy such act would be committed, SONS. lowing: on, against, or affecting a mass transpor- ‘‘(a) No restricted person described in sub- ‘‘(4) establishing and operating secure in- tation provider engaged in or affecting inter- section (b) shall ship or transport interstate formation sharing systems to enhance the state or foreign commerce, or if in the course or foreign commerce, or possess in or affect- investigation and prosecution abilities of of committing such act, that person travels ing commerce, any biological agent or toxin, participating enforcement agencies in ad- or communicates across a State line in order or receive any biological agent or toxin that dressing multi-jurisdictional terrorist con- to commit such act, or transports materials has been shipped or transported in interstate spiracies and activities; and (5)’’; and across a State line in aid of the commission or foreign commerce, if the biological agent (3) by inserting at the end the following: of such act. or toxin is listed as a select agent in sub- ‘‘(d) AUTHORIZATION OF APPROPRIATION TO ‘‘(b) AGGRAVATED OFFENSE.—Whoever com- section (j) of section 72.6 of title 42, Code of THE BUREAU OF JUSTICE ASSISTANCE.—There mits an offense under subsection (a) in a cir- are authorized to be appropriated to the Bu- Federal Regulations, pursuant to section cumstance in which— reau of Justice Assistance to carry out this 511(d)(l) of the Antiterrorism and Effective ‘‘(1) the mass transportation vehicle or section $50,000,000 for fiscal year 2002 and Death Penalty Act of 1996 (Public Law 104– ferry was carrying a passenger at the time of $100,000,000 for fiscal year 2003.’’. 132), and is not exempted under subsection the offense; or (h) of such section 72.6, or appendix A of part TITLE VIII—STRENGTHENING THE ‘‘(2) the offense has resulted in the death of 72 of the Code of Regulations. CRIMINAL LAWS AGAINST TERRORISM any person, ‘‘(b) In this section: SEC. 801. TERRORIST ATTACKS AND OTHER ACTS shall be guilty of an aggravated form of the ‘‘(1) The term ‘select agent’ does not in- OF VIOLENCE AGAINST MASS TRANS- offense and shall be fined under this title or clude any such biological agent or toxin that PORTATION SYSTEMS. imprisoned for a term of years or for life, or is in its naturally-occurring environment, if Chapter 97 of title 18, United States Code, both. the biological agent or toxin has not been is amended by adding at the end the fol- ‘‘(c) DEFINITIONS.—In this section— cultivated, collected, or otherwise extracted lowing: ‘‘(1) the term ‘biological agent’ has the from its natural source. ‘‘§ 1993. Terrorist attacks and other acts of vi- meaning given to that term in section 178(1) ‘‘(2) The term ‘restricted person’ means an olence against mass transportation systems of this title; individual who— ‘‘(a) GENERAL PROHIBITIONS.—Whoever will- ‘‘(2) the term ‘dangerous weapon’ has the ‘‘(A) is under indictment for a crime pun- fully— meaning given to that term in section 930 of ishable by imprisonment for a term exceed- ‘‘(1) wrecks, derails, sets fire to, or disables this title; ing 1 year; a mass transportation vehicle or ferry; ‘‘(3) the term ‘destructive device’ has the ‘‘(B) has been convicted in any court of a ‘‘(2) places or causes to be placed any bio- meaning given to that term in section crime punishable by imprisonment for a logical agent or toxin for use as a weapon, 921(a)(4) of this title; term exceeding 1 year; destructive substance, or destructive device ‘‘(4) the term ‘destructive substance’ has ‘‘(C) is a fugitive from justice; in, upon, or near a mass transportation vehi- the meaning given to that term in section 31 ‘‘(D) is an unlawful user of any controlled cle or ferry, without previously obtaining of this title; substance (as defined in section 102 of the the permission of the mass transportation ‘‘(5) the term ‘mass transportation’ has the Controlled Substances Act (21 U.S.C. 802)); provider, and with intent to endanger the meaning given to that term in section ‘‘(E) is an alien illegally or unlawfully in safety of any passenger or employee of the 5302(a)(7) of title 49, United States Code, ex- the United States; mass transportation provider, or with a cept that the term shall include schoolbus, ‘‘(F) has been adjudicated as a mental de- reckless disregard for the safety of human charter, and sightseeing transportation; fective or has been committed to any mental life; ‘‘(6) the term ‘serious bodily injury’ has institution; ‘‘(3) sets fire to, or places any biological the meaning given to that term in section ‘‘(G) is an alien (other than an alien law- agent or toxin for use as a weapon, destruc- 1365 of this title; fully admitted for permanent residence) who tive substance, or destructive device in, ‘‘(7) the term ‘State’ has the meaning is a national of a country as to which the upon, or near any garage, terminal, struc- given to that term in section 2266 of this Secretary of State, pursuant to section 6(j) ture, supply, or facility used in the operation title; and of the Export Administration Act of 1979 (50

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App. 2405(j)), section 620A of chapter 1 of the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(ii) acquired or maintained by any person of part M of the Foreign Assistance Act of 2284(a)), or section 46502 (relating to aircraft for the purpose of supporting, planning, con- 1961 (22 U.S.C. 2371), or section 40(d) of chap- piracy) of title 49, shall be fined under this ducting, or concealing an act of domestic or ter 3 of the Arms Export Control Act (22 title or imprisoned not more than ten years, international terrorism (as defined in sec- U.S.C. 2780(d)), has made a determination or both.’’. tion 2331) against the United States, citizens (that remains in effect) that such country ‘‘(b) A violation of this section may be or residents of the United States, or their has repeatedly provided support for acts of prosecuted in any Federal judicial district in property; or international terrorism; or which the underlying offense was committed, ‘‘(iii) derived from, involved in, or used or ‘‘(H) has been discharged from the Armed or in any other Federal judicial district as intended to be used to commit any act of do- Services of the United States under dishon- provided by law.’’. mestic or international terrorism (as defined orable conditions. (b) TECHNICAL AMENDMENT.—The chapter in section 2331) against the United States, ‘‘(3) The term ‘alien’ has the same meaning analysis for chapter 113B of title 18, United citizens or residents of the United States, or as in section 1010(a)(3) of the Immigration States Code, is amended by inserting after their property.’’. and Nationality Act (8 U.S.C. 1101(a)(3)). the item for section 2338 the following: SEC. 808. TECHNICAL CLARIFICATION RELATING ‘‘(4) The term ‘lawfully admitted for per- ‘‘2339. Harboring or concealing terrorists.’’. TO PROVISION OF MATERIAL SUP- manent residence’ has the same meaning as SEC. 805. JURISDICTION OVER CRIMES COM- PORT TO TERRORISM. in section 101(a)(20) of the Immigration and MITTED AT U.S. FACILITIES ABROAD. No provision of the Trade Sanctions Re- Nationality Act (8 U.S.C. 1101(a)(20)). Section 7 of title 18, United States Code, is form and Export Enhancement Act of 2000 ‘‘(c) Whoever knowingly violates this sec- amended by adding at the end the following: (title IX of Public Law 106–387) shall be con- tion shall be fined as provided in this title, ‘‘(9) With respect to offenses committed by strued to limit or otherwise affect section imprisoned not more than 10 years, or both, or against a United States national, as de- 2339A or 2339B of title 18, United States Code. but the prohibition contained in this section fined in section 1203(c) of this title— SEC. 809. DEFINITION OF FEDERAL CRIME OF shall not apply with respect to any duly au- ‘‘(A) the premises of United States diplo- TERRORISM. thorized United States governmental activ- matic, consular, military or other United Section 2332b of title 18, United States ity.’’; and States Government missions or entities in Code, is amended— (3) in the chapter analysis, by inserting foreign States, including the buildings, parts (1) in subsection (f), by inserting after after the item relating to section 175a the of buildings, and land appurtenant or ancil- ‘‘terrorism’’ the following: ‘‘and any viola- following: lary thereto or used for purposes of those tion of section 351(e), 844(e), 844(f)(1), 956(b), ‘‘175b. Possession by restricted persons.’’. missions or entities, irrespective of owner- 1361, 1366(b), 1366(c), 1751(e), 2152, or 2156 of SEC. 803. DEFINITION OF DOMESTIC TERRORISM. ship; and this title,’’ before ‘‘and the Secretary’’; and (a) DOMESTIC TERRORISM DEFINED.—Section ‘‘(B) residences in foreign States and the (2) in subsection (g)(5)(B), by striking 2331 of title 18, United States Code, is amend- land appurtenant or ancillary thereto, irre- clauses (i) through (iii) and inserting the fol- ed— spective of ownership, used for purposes of lowing: (1) in paragraph (1)(B)(iii), by striking ‘‘by those missions or entities or used by United ‘‘(i) section 32 (relating to destruction of assassination or kidnapping’’ and inserting States personnel assigned to those missions aircraft or aircraft facilities), 37 (relating to ‘‘by mass destruction, assassination, or kid- or entities. violence at international airports), 81 (relat- napping’’; Nothing in this paragraph shall be deemed to ing to arson within special maritime and ter- (2) in paragraph (3), by striking ‘‘and’’; supersede any treaty or international agree- ritorial jurisdiction), 175 or 175b (relating to (3) in paragraph (4), by striking the period ment in force on the date of enactment of biological weapons), 229 (relating to chem- at the end and inserting ‘‘; and’’; and this paragraph with which this paragraph ical weapons), 351 (a) through (d) (relating to (4) by adding at the end the following: conflicts. This paragraph does not apply with congressional, cabinet, and Supreme Court ‘‘(5) the term ‘domestic terrorism’ means respect to an offense committed by a person assassination and kidnaping), 831 (relating to activities that— described in section 3261(a) of this title.’’. nuclear materials), 842(m) or (n) (relating to ‘‘(A) involve acts dangerous to human life SEC. 806. MATERIAL SUPPORT FOR TERRORISM. plastic explosives), 844(f) (2) through (3) (re- that are a violation of the criminal laws of (a) IN GENERAL.—Section 2339A of title 18, lating to arson and bombing of Government the United States or of any State; United States Code, is amended— property risking or causing death), 844(i) (re- ‘‘(B) appear to be intended— (1) in subsection (a)— lating to arson and bombing of property used ‘‘(i) to intimidate or coerce a civilian popu- (A) by striking ‘‘, within the United in interstate commerce), 930(c) (relating to lation; States,’’; killing or attempted killing during an at- ‘‘(ii) to influence the policy of a govern- (B) by inserting ‘‘229,’’ after ‘‘175,’’; tack on a Federal facility with a dangerous ment by intimidation or coercion; or (C) by inserting ‘‘1993,’’ after ‘‘1992,’’; weapon), 956(a)(1) (relating to conspiracy to ‘‘(iii) to affect the conduct of a government (D) by inserting ‘‘, section 236 of the Atom- murder, kidnap, or maim within special mar- by mass destruction, assassination, or kid- ic Energy Act of 1954 (42 U.S.C. 2284),’’ after itime and territorial jurisdiction of the napping; and ‘‘of this title’’; United States), 1030(a)(1) (relating to protec- ‘‘(C) occur primarily within the territorial (E) by inserting ‘‘or 60123(b)’’ after ‘‘46502’’; tion of computers), 1030(a)(5)(A)(i) resulting jurisdiction of the United States.’’. and in damage as defined in 1030(a)(5)(B)(ii) (b) CONFORMING AMENDMENT.—Section (F) by inserting at the end the following: through (v) (relating to protection of com- 3077(1) of title 18, United States Code, is ‘‘A violation of this section may be pros- puters), 1114 (relating to killing or attempted amended to read as follows: ecuted in any Federal judicial district in killing of officers and employees of the ‘‘(1) ‘act of terrorism’ means an act of do- which the underlying offense was committed, United States), 1116 (relating to murder or mestic or international terrorism as defined or in any other Federal judicial district as manslaughter of foreign officials, official in section 2331;’’. provided by law.’’; and guests, or internationally protected persons), SEC. 804. PROHIBITION AGAINST HARBORING (2) in subsection (b)— 1203 (relating to hostage taking), 1362 (relat- TERRORISTS. (A) by striking ‘‘or other financial securi- ing to destruction of communication lines, (a) IN GENERAL.—Chapter 113B of title 18, ties’’ and inserting ‘‘or monetary instru- stations, or systems), 1363 (relating to injury United States Code, is amended by adding ments or financial securities’’; and to buildings or property within special mari- after section 2338 the following new section: (B) by inserting ‘‘expert advice or assist- time and territorial jurisdiction of the ‘‘§ 2339. Harboring or concealing terrorists ance,’’ after ‘‘training,’’. United States), 1366(a) (relating to destruc- ‘‘(a) Whoever harbors or conceals any per- (b) TECHNICAL AMENDMENT.—Section tion of an energy facility), 1751 (a) through son who he knows, or has reasonable grounds 1956(c)(7)(D) of title 18, United States Code, is (d) (relating to Presidential and Presidential to believe, has committed, or is about to amended by inserting ‘‘or 2339B’’ after staff assassination and kidnaping), 1992 (re- commit, an offense under section 32 (relating ‘‘2339A’’. lating to wrecking trains), 1993 (relating to to destruction of aircraft or aircraft facili- SEC. 807. ASSETS OF TERRORIST ORGANIZA- terrorist attacks and other acts of violence ties), section 175 (relating to biological weap- TIONS. against mass transportation systems), 2155 ons), section 229 (relating to chemical weap- Section 981(a)(1) of title 18, United States (relating to destruction of national defense ons), section 831 (relating to nuclear mate- Code, is amended by inserting at the end the materials, premises, or utilities), 2280 (relat- rials), paragraph (2) or (3) of section 844(f) following: ing to violence against maritime naviga- (relating to arson and bombing of govern- ‘‘(G) All assets, foreign or domestic— tion), 2281 (relating to violence against mari- ment property risking or causing injury or ‘‘(i) of any person, entity, or organization time fixed platforms), 2332 (relating to cer- death), section 1366(a) (relating to the de- engaged in planning or perpetrating any act tain homicides and other violence against struction of an energy facility), section 2280 of domestic or international terrorism (as United States nationals occurring outside of (relating to violence against maritime navi- defined in section 2331) against the United the United States), 2332a (relating to use of gation), section 2332a (relating to weapons of States, citizens or residents of the United weapons of mass destruction), 2332b (relating mass destruction), or section 2332b (relating States, or their property, and all assets, for- to acts of terrorism transcending national to acts of terrorism transcending national eign or domestic, affording any person a boundaries), 2339 (relating to harboring ter- boundaries) of this title, section 236(a) (relat- source of influence over any such entity or rorists), 2339A (relating to providing mate- ing to sabotage of nuclear facilities or fuel) organization; rial support to terrorists), 2339B (relating to

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providing material support to terrorist orga- (2) by striking the period at the end and in- (g) TORTURE.—Section 2340A of title 18, nizations), or 2340A (relating to torture) of serting ‘‘, and, if death results to any person, United States Code, is amended by adding at this title; shall be imprisoned for any term of years or the end the following: ‘‘(ii) section 236 (relating to sabotage of nu- for life.’’. ‘‘(c) CONSPIRACY.—A person who conspires clear facilities or fuel) of the Atomic Energy (f) SABOTAGE OF NUCLEAR FACILITIES OR to commit an offense under this section shall Act of 1954 (42 U.S.C. 2284); or FUEL.—Section 236 of the Atomic Energy Act be subject to the same penalties (other than ‘‘(iii) section 46502 (relating to aircraft pi- of 1954 (42 U.S.C. 2284), is amended— the penalty of death) as the penalties pre- racy), the second sentence of section 46504 (1) by striking ‘‘ten’’ each place it appears scribed for the offense, the commission of (relating to assault on a flight crew with a and inserting ‘‘20’’; which was the object of the conspiracy.’’. dangerous weapon), section 46505(b)(3) or (c) (2) in subsection (a), by striking the period (h) SABOTAGE OF NUCLEAR FACILITIES OR (relating to explosive or incendiary devices, at the end and inserting ‘‘, and, if death re- FUEL.—Section 236 of the Atomic Energy Act or endangerment of human life by means of sults to any person, shall be imprisoned for of 1954 (42 U.S.C. 2284), is amended— weapons, on aircraft), section 46506 if homi- any term of years or for life.’’; and (1) in subsection (a)— cide or attempted homicide is involved (re- (3) in subsection (b), by striking the period (A) by striking ‘‘, or who intentionally and lating to application of certain criminal laws at the end and inserting ‘‘, and, if death re- willfully attempts to destroy or cause phys- to acts on aircraft), or section 60123(b) (relat- sults to any person, shall be imprisoned for ical damage to’’; ing to destruction of interstate gas or haz- any term of years or for life.’’. (B) in paragraph (4), by striking the period ardous liquid pipeline facility) of title 49.’’. (g) SPECIAL AIRCRAFT JURISDICTION OF THE at the end and inserting a comma; and SEC. 810. NO STATUTE OF LIMITATION FOR CER- UNITED STATES.—Section 46505(c) of title 49, (C) by inserting ‘‘or attempts or conspires TAIN TERRORISM OFFENSES. United States Code, is amended— to do such an act,’’ before ‘‘shall be fined’’; (a) IN GENERAL.—Section 3286 of title 18, (1) by striking ‘‘15’’ and inserting ‘‘20’’; and and United States Code, is amended to read as (2) by striking the period at the end and in- (2) in subsection (b)— follows: serting ‘‘, and, if death results to any person, (A) by striking ‘‘or attempts to cause’’; and ‘‘§ 3286. Extension of statute of limitation for shall be imprisoned for any term of years or (B) by inserting ‘‘or attempts or conspires certain terrorism offenses. for life.’’. (h) DAMAGING OR DESTROYING AN INTER- to do such an act,’’ before ‘‘shall be fined’’. ‘‘(a) EIGHT-YEAR LIMITATION.—Notwith- (i) INTERFERENCE WITH FLIGHT CREW MEM- standing section 3282, no person shall be STATE GAS OR HAZARDOUS LIQUID PIPELINE FACILITY.—Section 60123(b) of title 49, United BERS AND ATTENDANTS.—Section 46504 of title prosecuted, tried, or punished for any non- 49, United States Code, is amended by insert- capital offense involving a violation of any States Code, is amended— (1) by striking ‘‘15’’ and inserting ‘‘20’’; and ing ‘‘or attempts or conspires to do such an provision listed in section 2332b(g)(5)(B) act,’’ before ‘‘shall be fined’’. other than a provision listed in section 3295, (2) by striking the period at the end and inserting ‘‘, and, if death results to any person, (j) SPECIAL AIRCRAFT JURISDICTION OF THE or a violation of section 112, 351(e), 1361, or UNITED STATES.—Section 46505 of title 49, 1751(e) of this title, or section 46504, 46505, or shall be imprisoned for any term of years or for life.’’. United States Code, is amended by adding at 46506 of title 49, unless the indictment is the end the following: found or the information is instituted within SEC. 812. PENALTIES FOR TERRORIST CONSPIR- ‘‘(e) CONSPIRACY.—If two or more persons 8 years after the offense was committed. ACIES. conspire to violate subsection (b) or (c), and ‘‘(b) NO LIMITATION.—Notwithstanding any (a) ARSON.—Section 81 of title 18, United one or more of such persons do any act to ef- other law, an indictment may be found or an States Code, is amended in the first undesig- fect the object of the conspiracy, each of the information instituted at any time without nated paragraph— parties to such conspiracy shall be punished limitation for any offense listed in section (1) by striking ‘‘, or attempts to set fire to as provided in such subsection.’’. 2332b(g)(5)(B), if the commission of such of- or burn’’; and (k) DAMAGING OR DESTROYING AN INTER- fense resulted in, or created a forseeable risk (2) by inserting ‘‘or attempts or conspires STATE GAS OR HAZARDOUS LIQUID PIPELINE of, death or serious bodily injury to another to do such an act,’’ before ‘‘shall be impris- FACILITY.—Section 60123(b) of title 49, United person.’’. oned’’. States Code, is amended— (b) APPLICATION.—The amendments made (b) KILLINGS IN FEDERAL FACILITIES.— (1) by striking ‘‘, or attempting to damage by this section shall apply to the prosecution (1) Section 930(c) of title 18, United States or destroy,’’; and of any offense committed before, on, or after Code, is amended— (2) by inserting ‘‘, or attempting or con- the date of enactment of this section. (A) by striking ‘‘or attempts to kill’’; spiring to do such an act,’’ before ‘‘shall be SEC. 811. ALTERNATE MAXIMUM PENALTIES FOR (B) by inserting ‘‘or attempts or conspires fined’’. TERRORISM OFFENSES. to do such an act,’’ before ‘‘shall be pun- SEC. 813. POST-RELEASE SUPERVISION OF TER- (a) ARSON.—Section 81 of title 18, United ished’’; and RORISTS. States Code, is amended in the second undes- (C) by striking ‘‘and 1113’’ and inserting Section 3583 of title 18, United States Code, ignated paragraph by striking ‘‘not more ‘‘1113, and 1117’’. is amended by adding at the end the fol- than twenty years’’ and inserting ‘‘for any (2) Section 1117 of title 18, United States lowing: term of years or for life’’. Code, is amended by inserting ‘‘930(c),’’ after ‘‘(j) SUPERVISED RELEASE TERMS FOR TER- (b) DESTRUCTION OF AN ENERGY FACILITY.— ‘‘section’’. RORISM PREDICATES.—Notwithstanding sub- Section 1366 of title 18, United States Code, (c) COMMUNICATIONS LINES, STATIONS, OR section (b), the authorized term of supervised is amended— SYSTEMS.—Section 1362 of title 18, United release for any offense listed in section (1) in subsection (a), by striking ‘‘ten’’ and States Code, is amended in the first undesig- 2332b(g)(5)(B), the commission of which re- inserting ‘‘20’’; and nated paragraph— sulted in, or created a foreseeable risk of, (2) by adding at the end the following: (1) by striking ‘‘or attempts willfully or death or serious bodily injury to another ‘‘(d) Whoever is convicted of a violation of maliciously to injure or destroy’’; and person, is any term of years or life.’’. subsection (a) or (b) that has resulted in the (2) by inserting ‘‘or attempts or conspires SEC. 814. INCLUSION OF ACTS OF TERRORISM AS death of any person shall be subject to im- to do such an act,’’ before ‘‘shall be fined’’. RACKETEERING ACTIVITY. prisonment for any term of years or life.’’. (d) BUILDINGS OR PROPERTY WITHIN SPECIAL Section 1961(1) of title 18, United States (c) MATERIAL SUPPORT TO TERRORISTS.— MARITIME AND TERRITORIAL JURISDICTION.— Code, is amended— Section 2339A(a) of title 18, United States Section 1363 of title 18, United States Code, (1) by striking ‘‘or (F)’’ and inserting Code, is amended— is amended— ‘‘(F)’’; and (1) by striking ‘‘10’’ and inserting ‘‘15’’; and (1) by striking ‘‘or attempts to destroy or (2) by inserting before the semicolon at the (2) by striking the period and inserting injure’’; and end the following: ‘‘, or (G) any act that is ‘‘and, if the death of any person results, shall (2) by inserting ‘‘or attempts or conspires indictable as an offense listed in section be imprisoned for any term of years or for to do such an act,’’ before ‘‘shall be fined’’ 2332b(g)(5)(B)’’. life.’’. the first place it appears. SEC. 815. DETERRENCE AND PREVENTION OF (d) MATERIAL SUPPORT TO DESIGNATED FOR- (e) WRECKING TRAINS.—Section 1992 of title CYBERTERRORISM. EIGN TERRORIST ORGANIZATIONS.—Section 18, United States Code, is amended by adding (a) CLARIFICATION OF PROTECTION OF PRO- 2339B(a)(1) of title 18, United States Code, is at the end the following: TECTED COMPUTERS.—Section 1030(a)(5) of amended— ‘‘(c) A person who conspires to commit any title 18, United States Code, is amended— (1) by striking ‘‘10’’ and inserting ‘‘15’’; and offense defined in this section shall be sub- (1) by inserting ‘‘(i)’’ after (A)’’; (2) by striking the period after ‘‘or both’’ ject to the same penalties (other than the (2) by redesignating subparagraphs (B) and and inserting ‘‘and, if the death of any per- penalty of death) as the penalties prescribed (C) as clauses (ii) and (iii), respectively; son results, shall be imprisoned for any term for the offense, the commission of which was (3) by adding ‘‘and’’ at the end of clause of years or for life.’’. the object of the conspiracy.’’. (iii), as so redesignated; and (e) DESTRUCTION OF NATIONAL-DEFENSE MA- (f) MATERIAL SUPPORT TO TERRORISTS.— (4) by adding at the end the following: TERIALS.—Section 2155(a) of title 18, United Section 2339A of title 18, United States Code, ‘‘(B) caused (or, in the case of an at- States Code, is amended— is amended by inserting ‘‘or attempts or con- tempted offense, would, if completed, have (1) by striking ‘‘ten’’ and inserting ‘‘20’’; spires to do such an act,’’ before ‘‘shall be caused) conduct described in clause (i), (ii), and fined’’. or (iii) of subparagraph (A) that resulted in—

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.060 pfrm01 PsN: S04PT1 S10332 CONGRESSIONAL RECORD — SENATE October 4, 2001 ‘‘(i) loss to 1 or more persons during any 1- ‘‘(12) the term ‘person’ means any indi- TITLE IX—IMPROVED INTELLIGENCE year period (including loss resulting from a vidual, firm, corporation, educational insti- SEC. 901. RESPONSIBILITIES OF DIRECTOR OF related course of conduct affecting 1 or more tution, financial institution, governmental CENTRAL INTELLIGENCE REGARD- other protected computers) aggregating at entity, or legal or other entity;’’. ING FOREIGN INTELLIGENCE COL- least $5,000 in value; LECTED UNDER FOREIGN INTEL- (d) DAMAGES IN CIVIL ACTIONS.—Subsection ‘‘(ii) the modification or impairment, or LIGENCE SURVEILLANCE ACT OF (g) of section 1030 of title 18, United States potential modification or impairment, of the 1978. medical examination, diagnosis, treatment, Code is amended— Section 103(c) of the National Security Act or care of 1 or more individuals; (1) by striking the second sentence and in- of 1947 (50 U.S.C. 403–3(c)) is amended— ‘‘(iii) physical injury to any person; serting the following new sentences: ‘‘A suit (1) by redesignating paragraphs (6) and (7) ‘‘(iv) a threat to public health or safety; or for a violation of subsection (a)(5) may be as paragraphs (7) and (8), respectively; and ‘‘(v) damage affecting a computer system brought only if the conduct involves one of (2) by inserting after paragraph (5) the fol- used by or for a Government entity in fur- the factors enumerated in subsection lowing new paragraph (6): therance of the administration of justice, na- (a)(5)(B). Damages for a violation involving ‘‘(6) establish requirements and priorities tional defense, or national security;’’. only conduct described in subsection for foreign intelligence information to be (b) PENALTIES.—Section 1030(c) of title 18, (a)(5)(B)(i) are limited to economic dam- collected under the Foreign Intelligence Sur- United States Code is amended— ages.’’; and veillance Act of 1978 (50 U.S.C. 1801 et seq.), (1) in paragraph (2)— (2) by adding at the end the following: ‘‘No and provide assistance to the Attorney Gen- (A) in subparagraph (A) — action may be brought under this subsection eral to ensure that information derived from (i) by inserting ‘‘except as provided in sub- for the negligent design or manufacture of electronic surveillance or physical searches paragraph (B),’’ before ‘‘a fine’’; computer hardware, computer software, or under that Act is disseminated so it may be (ii) by striking ‘‘(a)(5)(C)’’ and inserting firmware.’’. used efficiently and effectively for foreign ‘‘(a)(5)(A)(iii)’’; and (e) AMENDMENT OF SENTENCING GUIDELINES intelligence purposes, except that the Direc- (iii) by striking ‘‘and’ at the end; RELATING TO CERTAIN COMPUTER FRAUD AND tor shall have no authority to direct, man- (B) in subparagraph (B), by inserting ‘‘or ABUSE.—Pursuant to its authority under sec- age, or undertake electronic surveillance op- an attempt to commit an offense punishable tion 994(p) of title 28, United States Code, the erations pursuant to that Act unless other- under this subparagraph,’’ after ‘‘subsection wise authorized by statute or executive United States Sentencing Commission shall (a)(2),’’ in the matter preceding clause (i); order;’’. and amend the Federal sentencing guidelines to ensure that any individual convicted of a SEC. 902. INCLUSION OF INTERNATIONAL TER- (C) in subparagraph (C), by striking ‘‘and’’ RORIST ACTIVITIES WITHIN SCOPE at the end; violation of section 1030 of title 18, United OF FOREIGN INTELLIGENCE UNDER (2) in paragraph (3)— States Code, can be subjected to appropriate NATIONAL SECURITY ACT OF 1947. (A) by striking ‘‘, (a)(5)(A), (a)(5)(B),’’ both penalties, without regard to any mandatory Section 3 of the National Security Act of places it appears; and minimum term of imprisonment. 1947 (50 U.S.C. 401a) is amended— (B) by striking ‘‘and’’ at the end; and (1) in paragraph (2), by inserting before the (3) by striking ‘‘(a)(5)(C)’’ and inserting SEC. 816. ADDITIONAL DEFENSE TO CIVIL AC- period the following: ‘‘, or international ter- TIONS RELATING TO PRESERVING ‘‘(a)(5)(A)(iii)’’; and rorist activities’’; and (4) by adding at the end the following new RECORDS IN RESPONSE TO GOVERN- MENT REQUESTS. (2) in paragraph (3), by striking ‘‘and ac- paragraphs: tivities conducted’’ and inserting ‘‘, and ac- ‘‘(4)(A) a fine under this title, imprison- Section 2707(e)(1) of title 18, United States tivities conducted,’’. ment for not more than 10 years, or both, in Code, is amended by inserting after ‘‘or stat- SEC. 903. SENSE OF CONGRESS ON THE ESTAB- the case of an offense under subsection utory authorization’’ the following: ‘‘(includ- LISHMENT AND MAINTENANCE OF (a)(5)(A)(i), or an attempt to commit an of- ing a request of a governmental entity under INTELLIGENCE RELATIONSHIPS TO fense punishable under that subsection; section 2703(f) of this title)’’. ACQUIRE INFORMATION ON TER- ‘‘(B) a fine under this title, imprisonment RORISTS AND TERRORIST ORGANI- for not more than 5 years, or both, in the SEC. 817. DEVELOPMENT AND SUPPORT OF ZATIONS. case of an offense under subsection CYBERSECURITY FORENSIC CAPA- It is the sense of Congress that officers and (a)(5)(A)(ii), or an attempt to commit an of- BILITIES. employees of the intelligence community of fense punishable under that subsection; (a) IN GENERAL.—The Attorney General the Federal Government, acting within the ‘‘(C) a fine under this title, imprisonment shall establish such regional computer foren- course of their official duties, should be en- for not more than 20 years, or both, in the sic laboratories as the Attorney General con- couraged, and should make every effort, to case of an offense under subsection siders appropriate, and provide support to establish and maintain intelligence relation- (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to existing computer forensic laboratories, in ships with any person, entity, or group for the purpose of engaging in lawful intel- commit an offense punishable under either order that all such computer forensic labora- subsection, that occurs after a conviction for ligence activities, including the acquisition tories have the capability— another offense under this section.’’. of information on the identity, location, fi- (1) to provide forensic examinations with (c) DEFINITIONS.—Subsection (e) of section nances, affiliations, capabilities, plans, or in- respect to seized or intercepted computer 1030 of title 18, United States Code is amend- tentions of a terrorist or terrorist organiza- evidence relating to criminal activity (in- ed— tion, or information on any other person, en- cluding cyberterrorism); (1) in paragraph (2)(B), by inserting ‘‘, in- tity, or group (including a foreign govern- (2) to provide training and education for cluding a computer located outside the ment) engaged in harboring, comforting, fi- Federal, State, and local law enforcement United States’’ before the semicolon; nancing, aiding, or assisting a terrorist or personnel and prosecutors regarding inves- (2) in paragraph (7), by striking ‘‘and’’ at terrorist organization. tigations, forensic analyses, and prosecu- the end; SEC. 904. TEMPORARY AUTHORITY TO DEFER (3) by striking paragraph (8) and inserting tions of computer-related crime (including cyberterrorism); SUBMITTAL TO CONGRESS OF RE- the following new paragraph (8): PORTS ON INTELLIGENCE AND IN- ‘‘(8) the term ‘damage’ means any impair- (3) to assist Federal, State, and local law TELLIGENCE-RELATED MATTERS. enforcement in enforcing Federal, State, and ment to the integrity or availability of data, (a) AUTHORITY TO DEFER.—The Secretary a program, a system, or information;’’; local criminal laws relating to computer-re- of Defense, Attorney General, and Director (4) in paragraph (9), by striking the period lated crime; of Central Intelligence each may, during the at the end and inserting a semicolon; and (4) to facilitate and promote the sharing of effective period of this section, defer the (5) by adding at the end the following new Federal law enforcement expertise and infor- date of submittal to Congress of any covered paragraphs: mation about the investigation, analysis, intelligence report under the jurisdiction of ‘‘(10) the term ‘conviction’ shall include a and prosecution of computer-related crime such official until February 1, 2002. with State and local law enforcement per- conviction under the law of any State for a (b) COVERED INTELLIGENCE REPORT.—Ex- crime punishable by imprisonment for more sonnel and prosecutors, including the use of cept as provided in subsection (c), for pur- than 1 year, an element of which is unau- multijurisdictional task forces; and poses of subsection (a), a covered intel- thorized access, or exceeding authorized ac- (5) to carry out such other activities as the ligence report is as follows: cess, to a computer; Attorney General considers appropriate. (1) Any report on intelligence or intel- ‘‘(11) the term ‘loss’ includes any reason- (b) AUTHORIZATION OF APPROPRIATIONS.— ligence-related activities of the United able cost to any victim, including the cost of (1) AUTHORIZATION.—There is hereby au- States Government that is required to be responding to an offense, conducting a dam- thorized to be appropriated in each fiscal submitted to Congress by an element of the age assessment, and restoring the data, pro- year $50,000,000 for purposes of carrying out intelligence community during the effective gram, system, or information to its condi- this section. period of this section. tion prior to the offense, and any revenue (2) AVAILABILITY.—Amounts appropriated (2) Any report or other matter that is re- lost, cost incurred, or other consequential pursuant to the authorization of appropria- quired to be submitted to the Select Com- damages incurred because of interruption of tions in paragraph (1) shall remain available mittee on Intelligence of the Senate and Per- service; until expended. manent Select Committee on Intelligence of

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.060 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10333

the House of Representatives by the Depart- ‘‘(b) PROCEDURES FOR NOTICE OF CRIMINAL as the ‘‘National Virtual Translation Cen- ment of Defense or the Department of Jus- INVESTIGATIONS.—Not later than 180 days ter’’. tice during the effective period of this sec- after the date of enactment of this section, (2) The report on the element described in tion. the Attorney General, in consultation with paragraph (1) shall discuss the use of state- (c) EXCEPTION FOR CERTAIN REPORTS.—For the Director of Central Intelligence, shall de- of-the-art communications technology, the purposes of subsection (a), any report re- velop guidelines to ensure that after receipt integration of existing translation capabili- quired by section 502 or 503 of the National of a report from an element of the intel- ties in the intelligence community, and the Security Act of 1947 (50 U.S.C. 413a, 413b) is ligence community of activity of a foreign utilization of remote-connection capacities not a covered intelligence report. intelligence source or potential foreign intel- so as to minimize the need for a central (d) NOTICE TO CONGRESS.—Upon deferring ligence source that may warrant investiga- physical facility for the element. the date of submittal to Congress of a cov- tion as criminal activity, the Attorney Gen- (b) RESOURCES.—The report on the element ered intelligence report under subsection (a), eral provides notice to the Director of Cen- required by subsection (a) shall address the the official deferring the date of submittal of tral Intelligence, within a reasonable period following: the covered intelligence report shall submit of time, of his intention to commence, or de- (1) The assignment to the element of a to Congress notice of the deferral. Notice of cline to commence, a criminal investigation staff of individuals possessing a broad range deferral of a report shall specify the provi- of such activity. of linguistic and translation skills appro- sion of law, if any, under which the report ‘‘(c) PROCEDURES.—The Attorney General priate for the purposes of the element. would otherwise be submitted to Congress. shall develop procedures for the administra- (2) The provision to the element of commu- (e) EXTENSION OF DEFERRAL.—(1) Each offi- tion of this section, including the disclosure nications capabilities and systems that are cial specified in subsection (a) may defer the of foreign intelligence by elements of the De- commensurate with the most current and so- date of submittal to Congress of a covered partment of Justice, and elements of other phisticated communications capabilities and intelligence report under the jurisdiction of departments and agencies of the Federal systems available to other elements of intel- such official to a date after February 1, 2002, Government, under subsection (a) and the ligence community. if such official submits to the committees of provision of notice with respect to criminal (3) The assurance, to the maximum extent Congress specified in subsection (b)(2) before investigations under subsection (b).’’. practicable, that the communications capa- February 1, 2002, a certification that prepa- (b) CLERICAL AMENDMENT.—The table of bilities and systems provided to the element ration and submittal of the covered intel- contents in the first section of that Act is will be compatible with communications ca- ligence report on February 1, 2002, will im- amended by striking the item relating to pabilities and systems utilized by the Fed- pede the work of officers or employees who section 105B and inserting the following new eral Bureau of Investigation in securing are engaged in counterterrorism activities. items: timely and accurate translations of foreign (2) A certification under paragraph (1) with ‘‘Sec. 105B. Disclosure of foreign intel- language materials for law enforcement in- respect to a covered intelligence report shall ligence acquired in criminal investigations. specify the date on which the covered intel- vestigations; notice of criminal (4) The development of a communications ligence report will be submitted to Congress. investigations of foreign intel- infrastructure to ensure the efficient and se- (f) EFFECTIVE PERIOD.—The effective period ligence sources. cure use of the translation capabilities of the of this section is the period beginning on the ‘‘Sec. 105C. Protection of the operational element. date of the enactment of this Act and ending files of the National Imagery (c) SECURE COMMUNICATIONS.—The report on February 1, 2002. and Mapping Agency.’’. shall include a discussion of the creation of (g) ELEMENT OF THE INTELLIGENCE COMMU- secure electronic communications between SEC. 906. FOREIGN TERRORIST ASSET TRACKING the element described by subsection (a) and NITY DEFINED.—In this section, the term CENTER. the other elements of the intelligence com- ‘‘element of the intelligence community’’ (a) REPORT ON RECONFIGURATION.—Not munity. means any element of the intelligence com- later than February 1, 2002, the Attorney (d) DEFINITIONS.—In this section: munity specified or designated under section General, the Director of Central Intelligence, (1) FOREIGN INTELLIGENCE.—The term ‘‘for- 3(4) of the National Security Act of 1947 (50 and the Secretary of the Treasury shall U.S.C. 401a(4)). eign intelligence’’ has the meaning given jointly submit to Congress a report on the that term in section 3(2) of the National Se- SEC. 905. DISCLOSURE TO DIRECTOR OF CEN- feasibility and desirability of reconfiguring curity Act of 1947 (50 U.S.C. 401a(2)). TRAL INTELLIGENCE OF FOREIGN the Foreign Terrorist Asset Tracking Center (2) ELEMENT OF THE INTELLIGENCE COMMU- INTELLIGENCE-RELATED INFORMA- and the Office of Foreign Assets Control of NITY.—The term ‘‘element of the intelligence TION WITH RESPECT TO CRIMINAL the Department of the Treasury in order to INVESTIGATIONS. community’’ means any element of the intel- establish a capability to provide for the ef- (a) IN GENERAL.—Title I of the National Se- ligence community specified or designated fective and efficient analysis and dissemina- curity Act of 1947 (50 U.S.C. 402 et seq.) is under section 3(4) of the National Security tion of foreign intelligence relating to the fi- amended— Act of 1947 (50 U.S.C. 401a(4)). nancial capabilities and resources of inter- (1) by redesignating subsection 105B as sec- SEC. 908. TRAINING OF GOVERNMENT OFFICIALS national terrorist organizations. tion 105C; and REGARDING IDENTIFICATION AND (b) REPORT REQUIREMENTS.—(1) In pre- (2) by inserting after section 105A the fol- USE OF FOREIGN INTELLIGENCE. paring the report under subsection (a), the lowing new section 105B: (a) PROGRAM REQUIRED.—The Attorney Attorney General, the Secretary, and the Di- General shall, in consultation with the Di- ‘‘DISCLOSURE OF FOREIGN INTELLIGENCE AC- rector shall consider whether, and to what rector of Central Intelligence, carry out a QUIRED IN CRIMINAL INVESTIGATIONS; NOTICE extent, the capacities and resources of the program to provide appropriate training to OF CRIMINAL INVESTIGATIONS OF FOREIGN IN- Financial Crimes Enforcement Center of the officials described in subsection (b) in order TELLIGENCE SOURCES Department of the Treasury may be inte- to assist such officials in— ‘‘SEC. 105B. (a) DISCLOSURE OF FOREIGN IN- grated into the capability contemplated by (1) identifying foreign intelligence infor- TELLIGENCE.—(1) Except as otherwise pro- the report. mation in the course of their duties; and vided by law and subject to paragraph (2), (2) If the Attorney General, Secretary, and (2) utilizing foreign intelligence informa- the Attorney General, or the head of any the Director determine that it is feasible and tion in the course of their duties, to the ex- other department or agency of the Federal desirable to undertake the reconfiguration tent that the utilization of such information Government with law enforcement respon- described in subsection (a) in order to estab- is appropriate for such duties. sibilities, shall expeditiously disclose to the lish the capability described in that sub- (b) OFFICIALS.—The officials provided Director of Central Intelligence, pursuant to section, the Attorney General, the Sec- training under subsection (a) are, at the dis- guidelines developed by the Attorney Gen- retary, and the Director shall include with cretion of the Attorney General and the Di- eral in consultation with the Director, for- the report under that subsection a detailed rector, the following: eign intelligence acquired by an element of proposal for legislation to achieve the recon- (1) Officials of the Federal Government the Department of Justice or an element of figuration. who are not ordinarily engaged in the collec- such department or agency, as the case may SEC. 907. NATIONAL VIRTUAL TRANSLATION CEN- tion, dissemination, and use of foreign intel- be, in the course of a criminal investigation. TER. ligence in the performance of their duties. ‘‘(2) The Attorney General by regulation (a) REPORT ON ESTABLISHMENT.—(1) Not (2) Officials of State and local governments and in consultation with the Director of Cen- later than February 1, 2002, the Director of who encounter, or may encounter in the tral Intelligence may provide for exceptions Central Intelligence shall, in consultation course of a terrorist event, foreign intel- to the applicability of paragraph (1) for one with the Director of the Federal Bureau of ligence in the performance of their duties. or more classes of foreign intelligence, or Investigation, submit to the appropriate (c) AUTHORIZATION OF APPROPRIATIONS.— foreign intelligence with respect to one or committees of Congress a report on the es- There is hereby authorized to be appro- more targets or matters, if the Attorney tablishment and maintenance within the in- priated for the Department of Justice such General determines that disclosure of such telligence community of an element for pur- sums as may be necessary for purposes of foreign intelligence under that paragraph poses of providing timely and accurate trans- carrying out the program required by sub- would jeopardize an ongoing law enforce- lations of foreign intelligence for all other section (a). ment investigation or impair other signifi- elements of the intelligence community. In cant law enforcement interests. the report, the element shall be referred to By Mr. SPECTER:

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.060 pfrm01 PsN: S04PT1 S10334 CONGRESSIONAL RECORD — SENATE October 4, 2001 S.J. Res. 24. A joint resolution hon- Resolved by the Senate and House of Rep- stop, setting major league records in fielding oring Maureen Reagan on the occasion resentatives of the United States of America in percentage (.996), fewest errors committed of her death and expressing condo- Congress assembled, That the Congress, on the (3), and consecutive games without an error occasion of the tragic and untimely death of (95); lences to her family, including her hus- Maureen Reagan— Whereas in 1991, Cal Ripken, Jr. won his band Dennis Revell and her daughter (1) recognizes Maureen Reagan as one of second AL MVP award, becoming 1 of only 22 Rita Revell; to the Committee on the the Nation’s most beloved and forceful cham- major leaguers to win multiple MVP awards, Judiciary. pions for action to cure Alzheimer’s disease won the first of 2 Golden Glove awards, and Mr. SPECTER. Mr. President, I ask and treat those suffering from the illness; became the first player in baseball history to unanimous consent that the text of the and win the All-Star MVP and Home Run Con- joint resolution be printed in the (2) expresses deep and heartfelt condo- test in the same season as winning the MVP lences to the family of Maureen Reagan, in- award; RECORD. cluding her husband Dennis Revell and her Whereas in 1992, Cal Ripken, Jr. was There being no objection, the joint daughter Rita Revell. awarded the Roberto Clemente Award, pre- resolution was ordered to be printed in f sented annually to the player who best ex- the RECORD, as follows: emplifies the game of baseball both on and S.J. RES. 24 STATEMENTS ON SUBMITTED off the field; Whereas on September 6th, 1995, Cal Whereas the Congress is greatly saddened RESOLUTIONS Ripken, Jr. played in his 2131st consecutive by the tragic death of Maureen Reagan on game, breaking the record of the great and August 8, 2001; honorable Lou Gehrig; Whereas Maureen Reagan’s love of life and SENATE RESOLUTION 168—CON- Whereas in Cal Ripken Jr.’s 14 seasons of countless contributions to family and the GRATULATING AND HONORING pursuit of Lou Gehrig’s record, Cal Ripken, Nation serve as an inspiration to millions; CAL RIPKEN, JR. FOR HIS AMAZ- Jr. conducted himself with complete dignity, Whereas Maureen Reagan was a remark- ING AND STORYBOOK CAREER humility, and honor that attracted the at- able advocate for a number of causes and had AS A PLAYER FOR THE BALTI- tention of both baseball fans and all Ameri- many passions, the greatest being her dedi- MORE ORIOLES AND THANKING cans and played a crucial role in bringing cation to addressing the scourge of Alz- HIM FOR HIS CONTRIBUTIONS TO baseball back as America’s national pastime heimer’s disease; BASEBALL, THE STATE OF after the labor problems of baseball in 1994; Whereas in 1994 when former President Whereas in 1995, Cal Ripken, Jr. earned the Ronald Reagan announced that he had been MARYLAND, AND THE UNITED STATES following awards: the Associated Press and diagnosed with Alzheimer’s disease, Maureen United Press International Male Athlete of Reagan joined her father and Nancy Reagan Mr. SARBANES (for himself, Ms. MI- the Year; The Sporting News Award Major in the fight against Alzheimer’s disease and KULSKI, Mr. BINGAMAN, Mr. HATCH, Mr. League Player of the Year; and the Sports Il- became a national spokesperson for the Alz- HUTCHINSON, and Mr. REID) submitted lustrated Sportsman of the Year; heimer’s Association; the following resolution; which was Whereas on September 20th, 1998, Cal Whereas Maureen Reagan served as a tire- considered and agreed to: Ripken, Jr. voluntarily ended his consecu- less advocate to raise public awareness about tive games streak at 2632; S. RES. 168 Alzheimer’s disease, support care givers, and Whereas in 1999, Cal Ripken, Jr. became 1 substantially increase the Nation’s commit- Whereas Calvin (Cal) Edwin Ripken, Jr. of 32 players to hit over 400 home runs; ment to research on Alzheimer’s disease; was born in Havre de Grace, Maryland on Au- Whereas in 2000, Cal Ripken, Jr. became 1 Whereas Maureen Reagan helped inspire gust 24th, 1960; of 24 players with 3,000 hits, joining only 6 the Congress to increase Federal research Whereas Cal Ripken, Jr. was raised in Ab- other players with over 400 home runs and funding for Alzheimer’s disease by amounts erdeen, Maryland and taught baseball by his 3,000 hits and becoming only the second in- proportionate to increases in research fund- father, Cal Ripken Sr., who spent his career fielder and first shortstop or third baseman ing for other major diseases; with the Baltimore Orioles where he devel- to be in this club, along with fellow Balti- Whereas Maureen Reagan went far beyond oped the Ripken Way; more Oriole first baseman and good friend merely lending her name to the work of the Whereas Cal Ripken, Jr. entered the major Eddie Murray; Alzheimer’s Association: she was a hands-on leagues in 1981 as a Baltimore Oriole and Whereas Cal Ripken, Jr. was named to activist on the association’s board of direc- played his entire 21 year career for the Ori- Major League Baseball’s All-Century Team tors, a masterful fund-raiser, a forceful advo- oles, ranking third all-time in Major League in 2000; cate, and a selfless and constant traveler to Baseball for years played with 1 team and Whereas Cal Ripken, Jr. won his second anywhere and everywhere Alzheimer’s advo- first during the period of free agency; All-Star Game MVP award in 2001, becoming cates needed help; Whereas Cal Ripken, Jr. redefined the the first American League player to win 2 Whereas at every stop she made and every shortstop position, both offensively by hit- such MVP awards, and setting baseball event she attended in her efforts to eradicate ting the most home runs as a shortstop in records for most All-Star appearances at 19, Alzheimer’s disease through research, major league history and receiving the most All-Star starts at 17, All-star starts at short- Maureen Reagan emphasized that research- Silver Slugger Awards by a shortstop, and stop at 14, and consecutive starts at 16; ers are in a ‘‘race against time before Alz- defensively by setting 11 different fielding Whereas Cal Ripken, Jr. is retiring from heimer’s reaches epidemic levels’’ with the records; the game that he loves to continue his other aging of the Baby Boomers; Whereas on May 30th, 1982, Cal Ripken, Jr. passions, the teaching of baseball to children Whereas Maureen Reagan stated before the played in the first game of his Iron Man and charitable work through the ‘‘Reading, Congress in 2000 that ‘‘14 million Baby Streak; Runs, and Ripken’’ program, the Cal Ripken Boomers are living with a death sentence of Whereas Cal Ripken, Jr. was named the Little League Division which has over 700,000 Alzheimer’s today’’; American League (AL) Rookie of the Year in children, the Kelly and Cal Ripken, Jr. Foun- Whereas despite her declining health, 1982; dation, and the Cal Ripken, Jr./Lou Gehrig Maureen Reagan never decreased her efforts Whereas Cal Ripken, Jr. led the Baltimore ALS Research Fund; in her battle to eliminate Alzheimer’s dis- Orioles to a World Championship Season in Whereas Cal Ripken, Jr. has pledged ease; 1983, winning the AL Most Valuable Player $9,000,000 for the construction of a baseball Whereas during the last six months of her (MVP) award, becoming the first and only facility in Harford County, Maryland; and life, from her hospital bed and home, player to win the Rookie of the Year and Whereas Cal Ripken, Jr. transcended the Maureen Reagan urged the Congress to in- MVP awards in back-to-back seasons; game of baseball and became a symbol of ex- vest $1,000,000,000 to fund research at the Na- Whereas in 1987, Cal Ripken, Jr. ended his cellence, reliability, consistency, and served tional Institutes of Health focused on Alz- consecutive innings played streak with a as a role model for the children of his home- heimer’s disease; record 8,243; town of Aberdeen, Maryland, the city of Bal- Whereas Maureen Reagan said, ‘‘The best Whereas in 1987, Cal Ripken, Jr., playing timore, Maryland, all Maryland residents, scientific minds have been brought into the with brother Billy Ripken at second base and and all Americans: Now, therefore, be it race against Alzheimer’s, a solid infrastruc- father Cal Ripken, Sr. as manager, became a Resolved, ture is in place, and the path for further in- part of the first pair of brothers to play to- SECTION 1. HONORING CAL RIPKEN, JR. vestigations is clear. What’s missing is the gether for their father in the history of The Senate— money, especially the Federal investment, to Major League Baseball, making the name (1) honors and congratulates Cal Ripken, keep up the pace.’’; and Ripken synonymous with the Baltimore Ori- Jr. for— Whereas Maureen Reagan’s remarkable ad- oles; (A) his contributions to both baseball and vocacy for the millions affected and afflicted Whereas Cal Ripken, Jr. was the first re- America as an exemplar of endurance, pro- by Alzheimer’s disease will forever serve as cipient of the Bart Giamatti Caring Award in fessionalism, and the American work ethic; an inspiration to continue and ultimately 1989; (B) his entire career as a Baltimore Oriole, win the battle against the illness: Now, Whereas in 1990, Cal Ripken, Jr. had the a major league baseball player, and for his therefore, be it greatest defensive single season of any short- conduct both on and off the field;

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.047 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10335 (C) his excellent treatment of all baseball the Medal of Valor Review Board in extraor- They can show a child and an entire fans in all stadiums and his community serv- dinary cases in any given year; family that their loved one did not die ice both in the State of Maryland and Whereas the terrorist attacks against the in vain. These medals can say that throughout America; and United States on September 11, 2001 and these men and women gave their lives (D) all of his qualities and traits that their aftermath constitute the single most helped him serve as a role model for all deadly assault on our American homeland in in service to their neighbors and to Americans; and our Nation’s history; and their nation, and that nation is a (2) wishes Cal Ripken, Jr. the best for what Whereas those public safety officers who grateful one. will undoubtably be a productive and giving perished and were injured, and all those who History will mark September 11, 2001 retirement. participated in the efforts to rescue whom- as one of the darkest days in our Na- SEC. 2. TRANSMISSION. ever may have survived the terrorist attacks tion’s history. In less than two hours, The Secretary of the Senate shall transmit and recover those whose lives were taken so more Americans were killed than those an enrolled copy of this resolution to— suddenly and violently are the first casualties and veterans of America’s new war who died during the Revolutionary War (1) the legendary Baltimore Oriole Cal or the surprise attack on Pearl Harbor. Ripken, Jr.; and against terrorism, which was unanimously (2) the Baltimore Orioles’ owner, Peter authorized by the Authorization for Use of Words cannot begin to capture our Angelos. Military Force (Senate Joint Resolution 23, grief, our loss, or our resolve to strike enacted September 14, 2001): Now, therefore, back against global terrorism. f be it But in that darkest of hours, the Resolved by the Senate (the House of Rep- bravery and selflessness of our public SENATE CONCURRENT RESOLU- resentatives concurring), That it is the sense TION 75—TO EXPRESS THE of Congress that— safety officials shined a light of hope SENSE OF THE CONGRESS THAT (1) the President should award and present for us all to follow. You see it reflected THE PUBLIC SAFETY OFFICER in the name of Congress a Public Safety Offi- back in towns large and small across MEDAL OF VALOR SHOULD BE cer Medal of Valor to every public safety of- America. You see it in flag-lined PRESENTED TO PUBLIC SAFETY ficer who was killed or seriously injured as a streets, lines of blood donors, and in OFFICERS KILLED OR SERI- result of the terrorist attacks perpetrated the millions contributed to help care OUSLY INJURED AS A RESULT against the United States on September 11, for the victims families. The example 2001, and to deserving public safety officers set by our police, firefighters and emer- OF THE TERRORIST ATTACKS who participated in the search, rescue, and PERPETRATED AGAINST THE recovery efforts in the aftermath of those at- gency services personal steeled the re- UNITED STATES ON SEPTEMBER tacks; and solve of every American. 11, 2001, AND TO THOSE WHO (2) such assistance and compensation as I would be remiss if I did not thank PARTICIPATED IN THE SEARCH, may be needed should be provided to the pub- my colleague and the senior Senator RESCUE, AND RECOVERY EF- lic safety officers who were injured or whose from Alaska Senator STEVENS. Earlier FORTS IN THE AFTERMATH OF health was otherwise adversely affected as a this year the Congress passed, the THOSE ATTACKS result of their participation in the search, president signed, the Public Safety Of- rescue, and recovery efforts undertaken in Mr. HARKIN (for himself, Mr. SCHU- the aftermath of the terrorist attacks of ficer Medal of Valor Act, which was au- MER, Mr. WARNER, Mrs. CLINTON, Mr. September 11, 2001. thorized by my friend from Alaska. ALLEN, Mr. HELMS, Mr. CORZINE, Ms. Mr. HARKIN. Mr. President, I stand That earlier recognition of the need to SNOWE, Mr. VOINOVICH, and Mr. today with my colleagues from New honor the heroism of public service of- LIEBERMAN) submitted the following York and Virginia to honor those pub- ficers makes today’s resolution pos- concurrent resolution; which was re- lic safety officials, our police, fire- sible, and I thank my colleague from ferred to the Committee on the Judici- fighters, and emergency services per- Alaska. ary: sonnel, who were lost, or seriously I should also note that Senator STE- S. CON. RES. 75 wounded in the attacks of September VENS has also introduced a resolution Whereas on September 11, 2001, terrorists 11 and to public safety officers who par- similar to the one we offer today. My hijacked and destroyed 4 civilian aircraft, ticipated in the subsequent search, res- resolution goes somewhat further by crashing 2 of them into the towers of the cue, and recovery efforts. calling on the President to award the World Trade Center in New York City, a In a tragedy so horrific, when so Congressional Medal of Valor to those third into the Pentagon, and a fourth in many were lost so unexpectedly, there killed and those seriously injured in rural southwest Pennsylvania; is little we can do to console a grieving the attacks and to deserving public Whereas thousands of innocent Americans family. A thank you won’t console a safety officers who participated in the and many foreign nationals were killed and subsequent search, rescue, and recov- injured as a result of the surprise terrorist child whose father won’t be there to attacks, including the passengers and crews say good night. It’s little solace to the ery efforts. of the 4 aircraft, workers in the World Trade men and women of a firehouse who The men and women this resolution Center and the Pentagon, firefighters, law even now are waiting to welcome their would honor are the first victims of enforcement officers, emergency assistance brothers and sisters home. But by America’s first war of the 21st century. personnel, and bystanders; showing our gratitude for their sac- My solemn prayer is that they will be Whereas hundreds of public safety officers rifice, by saying a simple thank you, the final casualties of a final war. But were killed and injured as a result of the ter- we can help heal the hearts of the men, then I remember the destruction of the rorist attacks, many of whom would perish past century, how we spoke of a War to when the twin towers of the World Trade women, and children who were left be- Center collapsed upon them after they hind, or who struggled to save their End All Wars, only to see the century rushed to the aid of innocent civilians who friends and neighbors. unfold with more destruction. As we were imperiled when the terrorists first Today, my colleagues and I hope to move closer to some form of military launched their attacks; be part of this process of healing by inaction, I hope for a day when we can Whereas thousands more public safety offi- troducing a resolution recommending stop throwing more young lives into cers continued to risk their own lives and that the President award the Congres- the breech and instead repair the long-term health in sifting through the breech itself. aftermath and rubble of the terrorist attacks sional Medal of Valor for Public Safety to rescue those who may have survived and Officers to those public safety officials But today, to these new fellow vet- to recover the dead; killed or seriously wounded in the Sep- erans, we say thank you. A grateful Whereas the Public Safety Officer Medal of tember 11 attacks and to deserving Nation has drawn its strength from the Valor Act of 2001 (Public Law 107–12, 115 public safety officers who participated courageous firefighters, police officers, Stat. 20) authorizes the President to award in the subsequent search, rescue and and emergency services personnel who and present in the name of Congress, a Medal recovery efforts. have sacrificed so much without hesi- of Valor to public safety officers for extraor- These medals will serve as a thank tation. It is my privilege to have this dinary valor above and beyond the call of you to those still with us. But I think chance to say thank you in this small duty; Whereas the Attorney General of the they can do much more for the families way. I want to thank my colleagues United States has discretion to increase the who lost loved ones. I’ve seen how med- from New York and Virginia. I hope we number of recipients of the Medal of Valor als awarded in combat can help tell a can move this resolution forward with under that Act beyond that recommended by story to a child about a lost loved one. the help of all of my colleagues.

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.048 pfrm01 PsN: S04PT1 S10336 CONGRESSIONAL RECORD — SENATE October 4, 2001 SENATE CONCURRENT RESOLU- AMENDMENTS SUBMITTED AND Legislation: S. 1465 a bill to authorize TION 76—HONORING THE LAW PROPOSED the President to provide assistance to ENFORCEMENT OFFICERS, FIRE- SA 1846. Mr. FEINGOLD (for himself, Mr. Pakistan and India through September FIGHTERS, EMERGENCY RESCUE BROWNBACK, and Mr. BAUCUS) submitted an 30, 2003, with a substitute amendment. PERSONNEL, AND HEALTH CARE amendment intended to be proposed by him Nominee: Mr. Patrick F. Kennedy, of PROFESSIONALS WHO HAVE to the bill H.R. 2506, making appropriations Illinois, to be Alternate Representative WORKED TIRELESSLY TO for foreign operations, export financing, and of the United States of America to the related programs for the fiscal year ending Sessions of the General Assembly of SEARCH FOR AND RESCUE THE September 30, 2002, and for other purposes; VICTIMS OF THE HORRIFIC AT- the United Nations during his tenure of which was ordered to lie on the table. service as Representative of the United TACKS ON THE UNITED STATES f ON SEPTEMBER 11, 2001 States of America to the United Na- TEXT OF AMENDMENTS tions for U.N. Management and Re- form. Mr. FEINGOLD (for himself, Mr. SA 1846. Mr. FEINGOLD (for himself, Mr. ALLEN, Mr. WARNER, Mrs. CLINTON, and BROWNBACK, and Mr. BAUCUS) submitted an The PRESIDING OFFICER. Without Mr. SCHUMER) submitted the following amendment intended to be proposed by him objection, it is so ordered. concurrent resolution; which was re- to the bill H.R. 2506, making appropriations COMMITTEE ON GOVERNMENTAL AFFAIRS ferred to the Committee on the Judici- for foreign operations, export financing, and Mr. REID. Mr. President, I ask unan- related programs for the fiscal year ending imous consent that the Committee on ary: September 30, 2002, and for other purposes; which was ordered to lie on the table; as fol- Government Affairs be authorized to S. CON. RES. 76 lows: meet on Thursday, October 4, 2001 at Whereas on September 11, 2001, terrorists At the appropriate place, insert the fol- 9:30 a.m. for a hearing entitled ‘‘Crit- hijacked and destroyed 4 civilian aircraft, lowing: ical Infrastructure Protection: Who’s crashing 2 of the planes into the towers of SEC. . COST OF LIVING ADJUSTMENT FOR MEM- In Charge?’’ the World Trade Center in New York City BERS OF CONGRESS. The PRESIDING OFFICER. Without and a third plane into the Pentagon in Notwithstanding any other provision of objection, it is so ordered. northern Virginia, and resulting in the crash law, no adjustment shall be made under sec- COMMITTEE ON HEALTH, EDUCATION, LABOR, of a fourth plane in Somerset County, Penn- tion 601(a) of the Legislative Reorganization sylvania; Act of 1946 (2 U.S.C. 31) (relating to cost of AND PENSIONS Whereas these attacks destroyed both tow- living adjustments for Members of Congress) Mr. REID. Mr. President, I ask unan- ers of the World Trade Center, as well as ad- during fiscal year 2002. imous consent that the Committee on jacent buildings, and seriously damaged the f Health, Education, Labor, and Pen- Pentagon; sions be authorized to meet for a hear- Whereas thousands of innocent Americans AUTHORITY FOR COMMITTEES TO ing on Job Training: Helping Workers and foreign nationals were killed or injured MEET in a Fragile Economy during the ses- as a result of these attacks; COMMITTEE ON ARMED SERVICES sion of the Senate on Thursday, Octo- Whereas police officers, firefighters, public Mr. REID. Mr. President, I ask unan- ber 4, 2001. At 10:00 a.m. safety officers, and medical response crews imous consent that the Committee on The PRESIDING OFFICER. Without were thrown into extraordinarily dangerous objection, it is so ordered. situations, responding to these horrendous Armed Services be authorized to meet events, acting heroically, and trying to help during the session of the Senate on COMMITTEE ON THE JUDICIARY and to save as many of the lives of others as Thursday, October 4, 2001, at 11 a.m., in Mr. REID. Mr. President, I ask unan- possible in the impact zones, in spite of the open session to receive testimony on imous consent that the Committee on clear danger to their own lives; the Department of Defense’s Quadren- the Judiciary be authorized to meet to Whereas some of these rescue workers, po- nial Defense Review (QDR). conduct a markup on Thursday, Octo- lice officers, and firefighters have died or are The PRESIDING OFFICER. Without ber 4, 2001 at 12:00 p.m. in room S–216. missing at the site of the World Trade Cen- objection, it is so ordered. AGENDA ter; COMMITTEE ON BANKING, HOUSING, AND URBAN I. Nominations: Whereas firefighters, rescue personnel, and AFFAIRS police officers have been working above and Barrington Parker, Jr. to be U.S. Cir- Mr. REID. Mr. President, I ask unan- cuit Court Judge for the 2nd Circuit. beyond the call of duty, putting their lives imous consent that the Committee on at risk, working overtime, going without Michael P. Mills to be District Court proper sleep, and spending time away from Banking, Housing, and Urban Affairs Judge for the Northern District of Mis- their families and loved ones; be authorized to meet during the ses- sissippi. Whereas the United States Capitol Police, sion of the Senate on Thursday, Octo- Jay Stephens to be Associate Attor- United States Secret Service, the Police De- ber 4, 2001, to conduct a mark-up of the ney General. partment of Metropolitan Washington, D.C., International Money Laundering Benigno G. Reyna to be Director of the Arlington County Police Department, Abatement and Anti-Terrorist Financ- the U.S. Marshal Service. and other law enforcement agencies have put ing Act of 2001. To Be United States Attorney: in extra hours to ensure the safety of all The PRESIDING OFFICER. Without Susan W. Brooks, Southern District Americans, particularly the President, mem- objection, it is so ordered. bers of Congress, and other United States of Indiana, COMMITTEE ON FINANCE Government officials; and John L. Brownlee, Western District Whereas since the morning of September Mr. REID. Mr. President, I ask unan- of Virginia, 11, 2001, police officers and public safety offi- imous consent that the Committee on Timothy M. Burgess, District of Ar- cers throughout the United States have been Finance be authorized to meet during kansas, called upon to put in extra time to ensure the session of the Senate on Thursday, Steven M. Colloton, Southern Dis- the safe and security of Americans: Now, October 4, 2001 at 10:00 a.m. to consider trict of Iowa, therefore, be it the Nomination of JoAnne Barnhart, Todd Peterson Graves, Western Dis- Resolved by the Senate (the House of Rep- to be Commissioner of the Social Secu- trict of Missouri, resentatives concurring), That Congress com- rity Administration. Terrell Lee Harris, Western District mends— The PRESIDING OFFICER. Without of Tennessee, (1) the firefighters, police officers, rescue objection, it is so ordered. David C. Iglesias, District of New personnel, and health care professionals who COMMITTEE ON FOREIGN RELATIONS Mexico, have selflessly dedicated themselves to the Mr. REID. Mr. President, I ask unan- Charles W. Larson, Sr., Northern Dis- search, rescue, and recovery efforts in New imous consent that the Committee on trict of Iowa, York City, northern Virginia, and Pennsyl- Foreign Relations be authorized to Gregory G. Lockhart, Southern Dis- vania; and (2) the efforts of law enforcement and pub- meet during the session of the Senate trict of Ohio, lic safety personnel throughout the nation on Thursday, October 4, 2001 at 11:30 Henry S. Mattice, Jr., Eastern Dis- for their service at a time when their call to a.m. to hold a Business Meeting. trict of Tennessee, serve and protect their nation is even more The Committee will consider and Robert G. McCampbell, Western Dis- essential than ever before. vote on the following agenda: trict of Oklahoma,

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.052 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10337 Matthew H. Mead, District of Wyo- and others and that it be considered as accomplish this feat. Simply put, Cal ming, having had its first reading, with an redefined the position of shortstop in Michael Mosman, District of Oregon, objection to the second reading. every respect: offense, defense, dura- John Suthers, District of Colorado. The PRESIDING OFFICER. Without bility, consistency, and popularity. II. Resolutions: objection, it is so ordered. Listing all of Cal’s baseball accom- S.J. Res. 18—A joint resolution me- f plishments could go on forever, but morializing fallen firefighters by low- there is one record for which he is best CONGRATULATING AND HONORING ering the United States flag to half- known, and that in Maryland is simply BALTIMORE ORIOLE CAL staff on the day of the National Fallen referred to as ‘‘The Streak.’’ For 17 RIPKEN, JR. Firefighters Memorial Service in Em- straight years, Ripken played in every mitsburg, Maryland. Mr. REID. Mr. President, I ask unan- single game on the Baltimore Orioles’ S. Con. Res. 74—A concurrent resolu- imous consent that the Judiciary Com- schedule, never succumbing to injury tion condemning bigotry and violence mittee be discharged from further con- or weakness, always willing to do his against Sikh-Americans in the wake of sideration of S. Res. 168, submitted ear- best to help the Orioles over an amaz- terrorist attacks in New York City and lier today by Senators SARBANES and ing 2,632 consecutive games. It is this Washington, D.C. on September 11, MIKULSKI, and that the Senate proceed consistency and work ethic that has so 2001. to its immediate consideration. endeared him to the American public, S. Res. 164—A resolution designating The PRESIDING OFFICER. Without and was so stirringly celebrated on the October 19, 2001, as ‘‘National Mam- objection, it is so ordered. The clerk evening of September 6, 1995, the day mography Day.’’ will report the resolution by title. that he played has 2,131st consecutive S. Res. 166—‘‘National Childhood The legislative clerk read as follows: game, surpassing the record set by the Lead Poisoning Week.’’ A resolution (S. Res. 168) congratulating ‘‘Iron Horse,’’ Hall-of-Famer Lou The PRESIDING OFFICER. Without and honoring Cal Ripken, Jr., for his amaz- Gehrig. I will repeat what I said on this objection, it is so ordered. ing and storybook career as a player for the very floor on September 7, 1995: Baltimore Orioles and thanking him for his COMMITTEE ON THE JUDICIARY throughout both ‘‘The Streak’’ and the contributions to baseball, the State of Mary- rest of Cal’s storybook career, Cal Mr. REID. Mr. President, I ask unan- land, and the United States. imous consent that the Committee on played baseball for one reason and one There being no objection, the Senate reason only: because he loves the game. the Judiciary be authorized to meet to proceeded to consider the resolution. conduct a nominations hearing on And, Cal, the game loves you. Mr. SARBANES. Mr. President, I When Cal was approaching Mr. Thursday, October 4, 2001, at 2:00 p.m. submitted S. Res. 168 with my col- Gehrig’s record in 1995, it was a turbu- in Dirksen Room 226. league, Senator MIKULSKI, honoring lent time in the history of Major TENTATIVE WITNESS LIST Cal Ripken, Jr. League Baseball; the sport was trying Panel I: Senator Don Nickles (R–OK), On Saturday October 6, 2001, at Oriole to recover from the damage done by a Senator James M. Inhofe (R–OK), and Park at Camden Yards, not far from players’ strike in the 1994 season that Senator Mary Landrieu (D–LA). my home in Baltimore, Cal Ripken, Jr. canceled the World Series for the first Panel II: Edith Brown Clement to be will play in his final baseball game. Cal time in history. There was a breach of United States Circuit Judge for the Ripken’s career will have spanned 21 trust between the sport and its fans, Fifth Circuit. seasons in the major leagues, every one but there is no doubt in anyone’s mind Panel III: Karen K. Caldwell to be of them with the Baltimore Orioles. In that Cal Ripken’s journey toward this United States District Judge for the fact, beginning with Cal’s father, Cal great record was a focus point in the Eastern District of Kentucky; Laurie Ripken, Sr., there has been a Ripken in healing process that ultimately re- Smith Camp to be United States Dis- the Orioles organization for 45 consecu- stored much of the good will lost for trict Judge for the District of Ne- tive years. Over the past 21 years, Cal America’s pastime. braska; Claire V. Eagan to be United Ripken, Jr. has built what will be a Ripken, over the course of 21 con- States District Judge of the Northern lasting legacy not only as one of the secutive seasons, spent hours before District of Oklahoma; and James H. greatest players in the history of pro- and after games signing autographs for Payne to be United States District fessional baseball, but as a true ambas- countless fans. There were jokes in the Judge for the Northern, Eastern and sador of the game and a shining exam- Baltimore clubhouse that if anything Western Districts of Kentucky. ple of sportsmanship, character, and were to end ‘‘The Streak,’’ it would be Panel IV: Jay S. Bybee to be Assist- the American work ethic. an injury to his right hand from sign- ant Attorney General for the Office of An entire generation was born and ing too many autographs. But it is this Legal Counsel. grew up watching Cal Ripken play willingness to go the extra mile, to not The PRESIDING OFFICER. Without baseball every day the right way. Many treat his fame and influence as a bur- objection, it is so ordered. of my constituents in Maryland have den but to welcome his responsibility SUBCOMMITTEE ON HOUSING AND rooted for the Orioles knowing beyond to the public, particularly to children, TRANSPORTATION a shadow of a doubt that Cal Ripken as a role model that distinguishes Cal Mr. REID. Mr. President, I ask unan- would be playing, first at Memorial Ripken from even the greatest athletes imous consent that the Subcommittee Stadium and then later at Camden and enables him to transcend his sport. on Housing and Transportation of the Yards, and that they would be able to Unlike so many of our modern ath- Committee on Banking, Housing, and see Cal give that one game everything letes, Cal Ripken embraced his status Urban Affairs be authorized to meet that he had. Not only will the city of as a role model. With his wife Kelly by during the session of the Senate on Baltimore miss Cal’s number 8 on the his side, the Ripkens engaged in char- Thursday, October 4, 2001. to conduct left-side of the infield and in the heart ity work ranging from literacy pro- an oversight hearing on ‘‘Transit Safe- of the line-up, but all residents of grams to fighting Lou Gehrig’s disease, ty in the Wake of September 11.’’ Maryland, and millions of Americans, as well as working tirelessly to pro- THE PRESIDING OFFICER. Without from die-hard baseball fans, to those mote the game of baseball to all chil- objection, it is so ordered. who have only seen one game, will al- dren, especially those that are dis- f ways associate the Baltimore Orioles advantaged. Fittingly, one of the many with their legendary shortstop, Cal tasks that Cal will devote himself to in AUTHORITY FOR INTRODUCTION Ripken. his retirement is the Cal Ripken Little OF COUNTERTERRORISM BILL Cal Ripken’s achievements on the League Division of Babe Ruth Baseball, Mr. REID. Mr. President, I ask unan- field of play are legendary: Ripken is which has over 700,000 children learning imous consent that notwithstanding one of only seven players in history to the fundamentals of baseball. Another the adjournment of the Senate today it record both 400 home runs and 3,000 project that Cal will be working on is be in order for a bipartisan hits and along with fellow Oriole, long- that of building Inspiration Field in his counterterrorism bill to be introduced time teammate, and good friend, Eddie home community of Harford County, today by Senators DASCHLE and LOTT Murray, they are the only infielders to Maryland. Cal has always been devoted

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.064 pfrm01 PsN: S04PT1 S10338 CONGRESSIONAL RECORD — SENATE October 4, 2001 to his Maryland roots, but beyond that Cal did not do this just for the sake to the immediate consideration of Cal- is his devotion to his family, his moth- of breaking a record; he broke that endar No. 181, S.J. Res. 18. er Vi, his late father Cal Ripken, Sr., record because that is how he lives. He The PRESIDING OFFICER. The his wife Kelly, and his children Ryan gives 100 percent every day. Ask any of clerk will report the joint resolution and Rachel. Cal has shown this devo- the hundreds of Baltimore Orioles who by title. tion countless times, and I know that played with him over the last twenty- The legislative clerk read as follows: in his retirement, Cal, will have more one years. A joint resolution (S.J. Res. 18) memori- time to enjoy the loving family that we Ask Cal’s coaches who have seen him alizing fallen firefighters by lowering the are all proud to know simply as the rededicate himself every day. Ask any United States flag to half-staff on the day of Ripkens. of the thousands and thousands and the National Fallen Firefighters Memorial But here, as with the statistics and even millions of Orioles fans for whom Service in Emmitsburg, Maryland. records, listing Cal’s charitable pro- he stayed at the ballpark late at night, There being no objection, the Senate grams and donations and noting his willing to sign autographs. Ask the proceeded to consider the joint resolu- loving role as son, husband, and father, community and charitable organization. can not fully capture the phenomenal tions who he volunteered for. Ask the Mr. REID. Mr. President, I ask unan- manner in which Cal Ripken has lived thousands of children who he helps imous consent that the joint resolution his life and given back to his commu- through his foundations. be read the third time and passed, the nity. Cal was born in Havre de Grace, Athletes of Cal’s caliber often move motion to reconsider be laid upon the MD, and was raised in the neighboring from town to town and team to team. table, and any statement relating to City of Aberdeen. He was drafted by Yet Cal spent his entire career here in the joint resolution be printed in the the Baltimore Orioles organization in Baltimore. He did it for his family—his RECORD. 1978, and spent every year of his profes- father Cal, Sr.—the great former man- The PRESIDING OFFICER. Without sional career, except one, playing base- ager of the Orioles. He did it for his objection, it is so ordered. ball in the State of Maryland. Cal children—to enable them to grow up as The joint resolution (S.J. Res. 18) Ripken’s career has been the fulfill- he did—in a community that values was read the third time and passed, as ment of the childhood dream of so faith, family, community and patriot- follows: many of us, to become an athletic su- ism. perstar and play your entire career for S.J. RES. 18 Cal always puts these values into ac- your hometown team. And beyond Whereas 1,200,000 men and women comprise tion. He has a passion for teaching that, Cal Ripken has lived this dream the fire service in the United States; baseball to children and for his chari- Whereas the fire service is considered one with the dignity, honor, humility, table organizations. He created ‘‘Read- of the most dangerous jobs in the United charity, passion, and pure love of base- ing, Runs and Ripken’’ program, the States; ball that make myself, the City of Ab- Cal Ripken Little League Division, the Whereas fire service personnel selflessly erdeen, the City of Baltimore, the Kelly and Cal Ripken, Jr., Foundation, respond to over 16,000,000 emergency calls an- State of Maryland, and the United nually, without reservation and with an un- States of America proud to call Cal a and the Cal Ripken, Jr./Lou Gehrig wavering commitment to the safety of their legend and a role model for us all. I ALS Research Fund. These service or- fellow citizens; urge my colleagues to join us in hon- ganizations will continue—serving Whereas fire service personnel are the first oring and congratulating Cal Ripken’s children into the future. to respond to an emergency, whether it involves a fire, medical emergency, spill of amazing and storybook career by say- Cal Ripken is the Iron Man, not because of his streak but because of his hazardous materials, natural disaster, act of ing thank you Cal. terrorism, or transportation accident; and Ms. MIKULSKI. Mr. President, I rise values, the Oriole way—showing up every day, working hard, playing by Whereas approximately 100 fire service per- today to celebrate the life and career of sonnel die annually in the line of duty: Now, Cal Ripken. He has given us 21 glorious the rules, putting the team first. Cal therefore, be it years—and I know that we have seen will have lots of adulation over the Resolved by the Senate and House of Rep- nothing yet. The resolution that I am next few days—and he absolutely de- resentatives of the United States of America in introducing with Senator SARBANES serves it. But Cal would want us to Congress assembled, That each year, the seeks to commemorate one of the great honor him not only with resolutions United States flags on all Federal facilities careers in baseball—and one of the and parades and cheers from the grand- will be lowered to half-staff on the day of the stand. He would want us to practice the National Fallen Firefighters Memorial Serv- great role models of our time. ice in Emmitsburg, Maryland. Most Marylanders will confess to Oriole way: show up, work hard, play some sadness about what will happen by the rules—and put your family and f team first. this weekend. We will see the Iron Man MEMORIALIZING FALLEN Mr. REID. Mr. President, I ask unan- take the field for the last time at Cam- FIREFIGHTERS den Yards. But I promise my col- imous consent that I be added as a co- leagues—this is not the last you will sponsor to the resolution. Mr. REID. Mr. President, I ask unan- hear of Cal Ripken. He will go on to The PRESIDING OFFICER. Without imous consent that the Senate proceed other careers and other challenges. He objection, it is so ordered. to the immediate consideration of H.J. will continue his extraordinary service Mr. REID. Mr. President, I ask unan- Res. 42, which is at the desk. to his community. He will continue to imous consent that the resolution and The PRESIDING OFFICER. The be someone we can all look up to and preamble be agreed to en bloc; that the clerk will report the joint resolution respect. motion to reconsider be laid upon the by title. We all know the amazing statistics table; and that any statements relating The legislative clerk read as follows: he compiled in his career. In 1982, he to the resolution be printed in the A joint resolution (H.J. Res. 42) memori- won Rookie of the Year—and after RECORD. alizing fallen firefighters by lowering the that, the records kept breaking. He set The PRESIDING OFFICER. Without American flag to half-staff in honor of the a record for most home runs by a objection, it is so ordered. National Fallen Firefighters Memorial Serv- shortstop. He received the most Silver The resolution (S. Res. 168) was ice in Emmitsburg, Maryland. Slugger Awards of any shortstop and agreed to. There being no objection, the Senate set eleven different fielding records. He The preamble was agreed to. proceeded to consider the joint resolu- was MVP twice during the regular sea- (The text of S. Res. 168 is printed in tion. son twice, and twice during the All- today’s RECORD under ‘‘Statements on Mr. SARBANES. Mr. President, I rise Star Games. He also amassed over Submitted Resolutions.’’) in strong support of House Joint Reso- three thousand hits and four hundred f lution 42, a bill to memorialize our Na- home runs. tion’s fallen firefighters by lowering He is best known for setting the MEMORIALIZING FALLEN the American flag to half-staff in honor record for most consecutive games FIREFIGHTERS of the National Fallen Firefighters Me- played. It is unlikely that his record of Mr. REID. Mr. President, I ask unan- morial Service in Emmitsburg, MD. 2,632 games will ever be broken. imous consent that the Senate proceed This measure is similar to legislation

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.007 pfrm01 PsN: S04PT1 October 4, 2001 CONGRESSIONAL RECORD — SENATE S10339 that I introduced earlier this year. The PRESIDING OFFICER. Without SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN Both bills seek to recognize the cour- objection, it is so ordered. ASSISTANCE PROHIBITIONS RELAT- ING TO FOREIGN COUNTRY LOAN age and commitment of America’s fire The joint resolution (H.J. Res. 42) DEFAULTS. service and to pay this special tribute was read the third time and passed. The following provisions of law shall not to those firefighters who have made apply with respect to Pakistan: the ultimate sacrifice in the line of f (1) Section 620(q) of the Foreign Assistance duty. Act of 1961 (22 U.S.C. 2370(q)). Our Nation’s firefighters are among (2) Such provision of the Foreign Operations, our most dedicated public servants. PROVIDING ASSISTANCE TO PAKISTAN AND INDIA Export Financing, and Related Programs Ap- From major cities such as New York to propriations Act, 2002, as is comparable to sec- our smaller rural communities, every Mr. REID. Mr. President, I ask unan- tion 512 of the Foreign Operations, Export Fi- day America’s firefighters answer imous consent that the Senate proceed nancing, and Related Programs Appropriations emergency calls, willing to sacrifice to immediate consideration of Cal- Act, 2001 (Public Law 106–429; 114 Stat. 1900A– their own lives to protect the lives and endar No. 180, S. 1465. 25). property of their fellow citizens. Sadly, The PRESIDING OFFICER. The SEC. 4. MODIFICATION OF NOTIFICATION DEAD- this dedication to service can result in clerk will report the bill by title. LINES FOR DRAWDOWNS AND tragedy. The legislative clerk read as follows: TRANSFER OF EXCESS DEFENSE AR- TICLES TO RESPOND TO, DETER, OR Few would question the fact that our A bill (S. 1465) to authorize the President PREVENT ACTS OF INTERNATIONAL fallen firefighters are heroes. Through- to provide assistance to Pakistan and India TERRORISM. out our Nation’s history, we have rec- through September 30, 2003. (a) DRAWDOWNS.—Notwithstanding the second ognized the passing of our public serv- There being no objection, the Senate sentence of section 506(b)(1) of the Foreign As- ants by lowering our Nation’s flag to proceeded to consider the bill, which sistance Act of 1961 (22 U.S.C. 2318(b)(1)), each half-staff in their honor. In the past, had been reported from the Committee notification under that section with respect to any drawdown authorized by subclause (III) of this list has included elected officials, on Foreign Relations, with an amend- members of the Armed Services, and subsection (a)(2)(A)(i) that the President deter- ment and an amendment to the title. mines is important to United States efforts to re- America’s peace officers. In my view, (Strike out all after the enacting our fallen firefighters are equally de- spond to, deter, or prevent acts of international clause and insert the part printed in terrorism shall be made at least 5 days in ad- serving of this high honor. italic.) vance of the drawdown in lieu of the 15-day re- For the past 19 years, a memorial quirement in that section. service has been held on the campus of SECTION. 1. EXEMPTIONS AND WAIVER OF AP- PROPRIATIONS ACT PROHIBITIONS (b) TRANSFERS OF EXCESS DEFENSE ARTI- the National Fire Academy in Emmits- WITH RESPECT TO PAKISTAN. CLES.—Notwithstanding section 516(f)(1) of the burg to honor those firefighters who (a) FISCAL YEAR 2002 AND PRIOR FISCAL Foreign Assistance Act of 1961 (22 U.S.C. have given their lives while protecting YEARS.— 2321j(f)(1)), each notification under that section the lives and property of their fellow (1) EXEMPTIONS.—Any provision of the foreign with respect to any transfer of an excess defense citizens. Since 1981, the names of 2,081 operations, export financing, and related pro- article that the President determines is impor- fallen firefighters have been inscribed grams appropriations Act for fiscal year 2002, or tant to United States efforts to respond to, on plaques surrounding the National any provision of such Act for a prior fiscal year, deter, or prevent acts of international terrorism Fallen Firefighters Memorial, Congres- that prohibits direct assistance to a country shall be made at least 15 days in advance of the whose duly elected head of government was de- sionally designated monument to these transfer in lieu of the 30-day requirement in posed by decree or military coup shall not apply that section. brave men and women. On October 7, at with respect to Pakistan. the 20th Annual National Memorial SEC. 5. APPROPRIATE CONGRESSIONAL COMMIT- (2) PRIOR CONSULTATION REQUIRED.—Not less TEES DEFINED. Service, an additional 101 names will than 5 days prior to the obligation of funds for be added. I am pleased that President Pakistan under paragraph (1), the President In this Act, the term ‘‘appropriate congressional committees’’ means the Committee on For- and Mrs. Bush will be present this year shall consult with the appropriate congressional committees with respect to such obligation. eign Relations and the Committee on Appropria- to lead the Nation in honoring these tions of the Senate and the Committee on Inter- (b) FISCAL YEAR 2003.— fallen fire heroes and to pay special national Relations and the Committee on Appro- tribute to those firefighters who per- (1) WAIVER.—The President is authorized to waive, with respect to Pakistan, any provision priations of the House of Representatives. ished as a result of the events of Sep- of the foreign operations, export financing, and SEC. 6. TERMINATION DATE. tember 11. related programs appropriations Act for fiscal Over the years, I have worked very Except as otherwise provided in section 1 or 3, year 2003 that prohibits direct assistance to a the provisions of this Act shall terminate on Oc- closely with the National Fallen Fire- country whose duly elected head of government tober 1, 2003. fighters Foundation to ensure that Na- was deposed by decree or military coup, if the Amend the title so as to read: ‘‘A bill to tional Memorial Service is an occasion President determines and certifies to the appro- authorize the President to exercise waivers befitting the sacrifices that these indi- priate congressional committees that such waiv- of foreign assistance restrictions with re- viduals have made, In my view, lower— spect to Pakistan through September 30, ering the United States flag to half- (A) would facilitate the transition to demo- 2003, and for other purposes.’’. staff is an essential component of this cratic rule in Pakistan; and (B) is important to United States efforts to re- Mr. BIDEN. Mr. President, I am ‘‘Day of Remembrance.’’ It will be a spond to, deter, or prevent acts of international pleased that the Senate is considering fitting tribute to the men and women terrorism. this legislation, which was reported by who die each year performing their du- (2) PRIOR CONSULTATION REQUIRED.—Not less the Committee on Foreign Relations ties as our nation’s career and volun- than 5 days prior to the exercise of the waiver earlier today. The bill addresses an ur- teer firefighters. It will also serve to authority under paragraph (1), the President gent priority in the fight against ter- remind us of the critical role played by shall consult with the appropriate congressional rorism by clearing the way for U.S. as- the 1.2 million fire service personnel committees with respect to such waiver. sistance to Pakistan. After the attacks who risk their lives every day to en- SEC. 2. INCREASED FLEXIBILITY IN THE EXER- of September 11, we asked the world to sure our safety and that of our commu- CISE OF WAIVER AUTHORITY OF MTCR AND EXPORT ADMINISTRA- choose sides. Pakistan has chosen to nities. TION ACT SANCTIONS WITH RE- stand with the United States. I express my gratitude to those Sen- SPECT TO PAKISTAN. ators who agreed to cosponsor my leg- Any waiver under 73(e) of the Arms Export We need to assist this important islation, S.J. Res. 18, and urge my col- Control Act (22 U.S.C. 2797b(e)), or under sec- front-line state. The President has al- leagues to support the swift passage of tion 11B(b)(5) of the Export Administration Act ready done so by committing $100 mil- H.J. Res. 42. of 1979 (50 U.S.C. App. 2410b(b)(5)) (or successor lion in economic assistance to Paki- Mr. REID. Mr. President, I ask unan- statute), with respect to a sanction that was im- stan under the extraordinary authority imous consent that the joint resolution posed on foreign persons in Pakistan prior to of Section 614 of the Foreign Assist- January 1, 2001, may be exercised— ance Act. But to provide additional as- be read the third time and passed, the (1) only after consultation with the appro- motion to reconsider be laid upon the priate congressional committees; and sistance requires Congress to amend table, and that any statements relating (2) without regard to the notification periods several laws restricting such assist- to the joint resolution be printed in the set forth in the respective section authorizing ance. The bill before the Senate there- RECORD. the waiver. fore provides the following authority.

VerDate 26-SEP-2001 03:26 Oct 05, 2001 Jkt 099060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.010 pfrm01 PsN: S04PT1 S10340 CONGRESSIONAL RECORD — SENATE October 4, 2001 First, the bill waives, for Fiscal Year ber of the Foreign Operations Sub- ORDERS FOR FRIDAY, OCTOBER 5, 2002, the restriction in law against as- committee, Senator LEAHY and Sen- AND TUESDAY, OCTOBER 9, 2001 sistance to countries where a demo- ator MCCONNELL. Because of the ur- Mr. REID. Mr. President, I ask unan- cratic government has been over- gency of trying to get this legislation imous consent that when the Senate thrown by military coup. The Presi- to the President, we have agreed to completes its business today, it ad- dent may waive the restriction in Fis- ‘‘double-track’’ the bill. We will move journ until the hour of 10 a.m. Friday, cal Year 2003, but only if he determines it free-standing today, and the Appro- October 5, for a pro forma session, and that doing so would facilitate the tran- priations Committee will incorporate that following the pro forma session, sition to democratic rule in Pakistan it into the foreign operations appro- the Senate adjourn until Tuesday, Oc- and if it is important to the fight priations bill when that is considered tober 9, at 9:30 a.m. against terrorism. As we all know, in the Senate. there was a military coup in Pakistan Mr. President, as we have since Sep- Further, on Tuesday, immediately in 1999. The current government has tember 11, we stand united in support following the prayer and the pledge, pledged to hold elections next fall. This of the President. We stand ready to as- the Journal of proceedings be approved provision keeps the focus on the U.S. sist the Administration in the cam- to date, the morning hour be deemed policy objective that elections should paign against terrorism. I hope my col- expired, the time for the two leaders be be held in Pakistan. leagues will support this legislation. reserved for their use later in the day, Second, the bill permits an expedi- Mr. REID. I ask unanimous consent and there be a period for morning busi- tious waiver of sanctions imposed last that the committee amendment be ness with Senators permitted to speak fall against the Pakistani Ministry of agreed to, the bill be read a third time for up to 5 minutes each, with the fol- Defense for violations of the Missile and passed, the title amendment be lowing exception: Senator BYRD of Technology Control Regime. Current agreed to, the motion to reconsider be West Virginia, 30 minutes; further, law permits the President to waive laid upon the table, and that any state- that at 10 a.m., the Senate resume con- these sanctions if it is essential to the ments relating to the bill be printed in sideration of the motion to proceed to S. 1447, the aviation security bill, with national security. But he is required to the RECORD. notify Congress 45 working days before The PRESIDING OFFICER. Without 30 minutes of debate equally divided doing so. The bill allows the President objection, it is so ordered. between the majority leader and the to exercise the waiver without waiting The committee amendment in the Republican leader, or their designees, those nine weeks. nature of a substitute was agreed to. prior to a 10:30 a.m. rollcall vote on Third, the bill waives provisions of The bill (S. 1465), as amended, was cloture on the motion to proceed, with law which restrict assistance to na- read the third time and passed. the mandatory quorum waived. tions in arrears on their payments of The title amendment was agreed to. The PRESIDING OFFICER. Without official debt to the United States. The f objection, it is so ordered. United States just rescheduled some of Pakistan’s debt, but that rescheduling MEASURE READ THE FIRST f does not take effect for several weeks, TIME—S. 1499 so this provision allows assistance to Mr. REID. Mr. President, I under- PROGRAM flow to Pakistan in the meantime. stand that S. 1499, introduced earlier Finally, the bill provides additional today by Senator KERRY and others, is Mr. REID. Mr. President, the Senate flexibility in providing emergency at the desk, and I ask for its first read- will convene on Friday for a pro forma military assistance to any country as- ing. session and adjourn until Tuesday at sisting us in the campaign against ter- The PRESIDING OFFICER. The 9:30 a.m. On Tuesday, there will be a rorism by reducing, but not elimi- clerk will report the bill by title. period of morning business until 10 nating, the notification periods for The legislative clerk read as follows: a.m. The Senate will vote on cloture on these authorities for two years. A bill (S. 1499) to provide assistance to the motion to proceed to the aviation The bill makes no other changes to small business concerns adversely impacted safety bill at 10:30 a.m. on Tuesday. We current law. Rather than provide broad by the terrorist attacks perpetrated against hope cloture will be invoked so the waiver authority to override the sig- the United States on September 11, 2001, and Senate may begin consideration of the nificant structure of laws we have en- for other purposes. aviation bill next week. acted in recent decades, as the State Mr. REID. I now ask for its second Department asked, we have narrowly reading and object to my own request f tailored the legislation to address the on behalf of the other side. specific provisions of law that were ob- The PRESIDING OFFICER. The bill ADJOURNMENT UNTIL 10 A.M. stacles to helping Pakistan. In so will remain at the desk. TOMORROW doing, we are not foregoing any of the f important policy objectives we have in Mr. REID. If there is no further busi- Pakistan, particularly our non-pro- MEASURES INDEFINITELY ness to come before the Senate, I ask liferation objectives. POSTPONED—S. 985 and S. 1181 unanimous consent that the Senate I should emphasize that this provi- Mr. REID. Mr. President, I ask unan- stand in adjournment under the pre- sion has broad support. It was nego- imous consent that Calendar Nos. 127 vious order. tiated on a bipartisan basis within the and 130 be indefinitely postponed. There being no objection, the Senate, Committee on Foreign Relations, and The PRESIDING OFFICER. Without at 6:30 p.m., adjourned until Friday, with the Chairman and Ranking Mem- objection, it is so ordered. October 5, 2001, at 10 a.m.

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