[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[Senate]
[Pages S10958-S10960]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 ENHANCING THE FIGHT AGAINST TERRORISM

  Mr. KYL. Mr. President, we now have more reports of specific credible 
evidence of planned attacks against the United States--terrorism that 
must be prevented. We have not done everything we can do to prevent 
terrorism. According to a Commission that has reported to the Congress, 
there is more to be done. I have incorporated that Commission's 
recommendations into a bill. We are trying to get the bill passed. It 
runs into objections from the other side. Today, I am going to lay it 
out because there isn't much time left.
  Earlier this month, I introduced the Counterterrorism Act of 2000, 
cosponsored by my friend and colleague, Senator Dianne Feinstein. This 
should have bipartisan support. As the chairman and ranking member of 
the Judiciary Subcommittee on Technology, Terrorism, and Government 
Information, I have held hearings, along with Senator Feinstein, on 
steps that would better prepare this country to thwart and defend 
against and prevent and respond to terrorist attacks. Our legislation 
will do that by capturing many of the recommendations of the National 
Commission on Terrorism.
  The Commission was mandated by the Congress, and it released its 
report earlier this year. It is bipartisan, led by Ambassador Paul 
Bremer and Maurice Sonnenberg. They have a long record--both of them--
of experience and expertise in this matter. The Commission, with 10 
members in all, came to unanimous conclusions on the gaps in America's 
counterterrorism efforts and made extensive recommendations in their 
report.
  In addition to Ambassador Bremer, who formerly served as Ambassador-
at-Large for Counterterrorism and Mr. Sonnenberg, who serves on the 
President's Foreign Intelligence Advisory Board, the Commission 
included eight other outstanding experts in the field: former CIA 
Director, James Woolsey; former Assistant Director-in-Charge of the 
FBI's National Security Division, John Lewis; former Congresswoman Jane 
Harman, who served on the House Armed Services and Intelligence 
Committees; former Under Secretary of Defense, Fred Ikle; former 
Commander-in-Chief of U.S. Special Operations Command, Gen. Wayne 
Downing; Director of National Security Studies at the Council on 
Foreign Relations, Richard Betts; former foreign policy adviser to the 
Speaker of the House of Representatives, Gardner Peckham; Harvard 
professor Juliette Kayyem, who formerly served as legal advisor to the 
U.S. Attorney General.
  In June, the members of this Commission testified before the 
Intelligence Committee, of which I am a member, with their findings and 
recommendations. A week later, the Commission's report was the subject 
of a Foreign Relations Committee hearing. At the end of June, Senator 
Feinstein and I invited the Commissioners to testify at a hearing of 
the Judiciary subcommittee which I chair. The purpose of our hearing 
was to explore the findings of the Commission and clarify some 
recommendations that have been mischaracterized. So the Senate thought 
that this Commission report was important enough to hold three specific 
hearings on its findings and recommendations.
  Senator Feinstein and I then decided to take action on the 
recommendations by drafting the Counterterrorism Act of 2000. We 
believe this is an important first step in addressing shortfalls in 
America's fight against the growing threat of terrorism.
  In summary, this is what the bill would do:
  First, it expresses the sense of Congress that the United States 
Government should take immediate actions to

[[Page S10959]]

investigate the unprovoked attack on the U.S.S. Cole, should ensure 
that the perpetrators of this cowardly act are brought to justice.

  It directs the President to establish a joint task force to develop a 
broad approach toward discouraging the fundraising of international 
terrorists.
  It directs the Director of the CIA to report to Congress with a 
response to the Commission's findings regarding guidelines for 
recruitment of terrorist informants and whether those guidelines 
inhibit the recruitment of such informants.
  In effect, what the Commission said is if you are going to try to 
infiltrate terrorist organizations, you are probably dealing with 
nefarious characters. They are not Boy Scouts. And you can't demand of 
them the same clean standards that we would in trying to recruit 
informants against other governments. When you are dealing with 
terrorist organizations, you are dealing with terrorists.
  The bill also directs the Attorney General to conduct a review of the 
legal authority of various agencies, including the Defense Department, 
to respond to catastrophic terrorist attacks, and it requires that a 
report be provided to the Congress.
  It directs the President to establish a long-term research and 
development program relating to technology to prevent, preempt, 
interdict, and respond to catastrophic terrorist attack.
  It directs the FBI Director to report to Congress on the feasibility 
of creating an intelligence reporting function within the Bureau to 
assist in disseminating information collected by the Bureau on 
international terrorism and other national security matters.
  It directs the President to report to Congress on legal authorities 
that govern the sharing of criminal wiretap information between law 
enforcement agencies and the intelligence community. The Commission 
noted there is currently a great deal of confusion in this area. We 
have to get that squared away so the agencies know how they can share 
information with each other.
  The bill would direct the Attorney General to report to Congress the 
recommendations on how to improve controls on biological pathogens and 
the equipment necessary to produce biological weapons. It directs the 
Secretary of Health and Human Services to report to Congress with 
recommendations for improving security and physical protection of 
biological pathogens at research laboratories and other facilities.
  It authorizes the full reimbursement for professional liability 
insurance for law enforcement or intelligence officers performing 
counterterrorism duties.
  And finally, the bill expresses the sense of Congress that Syria 
should remain on the list of states that sponsor terrorism, as should 
Iran, until they meet certain conditions.
  I recently received a letter from Ambassador Bremer and Mr. 
Sonnenberg, expressing very strong support for the Kyl-Feinstein 
legislation. I also received letters from the American Israeli Public 
Affairs Committee, the Zionist Organization of America, and the Anti-
Defamation League applauding the bill. In addition, the American Jewish 
Congress released a statement in support of the legislation.
  I ask unanimous consent at the conclusion of my remarks these 
documents be printed in the Record.
  The PRESIDING OFFICER (Mr. L. Chafee). Without objection, it is so 
ordered.
  (See Exhibit 1.)
  Mr. KYL. The text of the Counterterrorism Act 2000 should be familiar 
to Members because we tried to move it as an amendment to the 
intelligence authorization bill. We were open to comments by Senators 
and we made several modifications to the language in order to suit 
Senators and the Department of Justice. We agreed in the end to 
withdraw the bill at that point so the intelligence bill could move 
forward but indicated our desire then to move the bill as a separate 
bill, which is now what we are doing.
  Among the Senators who have talked to us is Senator Leahy. We have 
tried to address his concerns with respect to the bill. Originally his 
staff advised that if the Justice Department didn't object to the bill, 
Senator Leahy would consent to its passage. The Justice Department has 
cleared the bill. After that, Senator Leahy's office advised us they 
desired to have 10 other changes considered and sent another list of 4 
other changes. Senator Feinstein and I agreed to make changes to the 
bill to accommodate 12 of those 14 requests of Senator Leahy. Yet he 
still remains in opposition. Under the rules of the Senate prevailing 
at this time, any Senator can object to the consideration of the 
legislation and thus block it, which Senator Leahy, I understand, has 
done.
  This morning my office received some additional concerns purportedly 
coming from Senator Leahy. I find them, frankly, not to rise to the 
level that should take the Senate's time. For example, he objects to a 
provision, or his staff objects to a provision, that requires the 
President to report to Congress on the Commission's recommendations 
about sharing law enforcement information with intelligence agencies on 
the grounds that this would help set ``a dangerous precedent 
for blurring the line between law enforcement and intelligence 
activities.'' A report to Congress on legal authorities on the state of 
the law sets no dangerous precedent. There are similar types of 
concerns expressed.

  We have to get serious about this. At the very moment that our forces 
are on a heightened state of alert, at the very moment our embassies 
are telling people not to travel to certain countries because of 
terrorist threats against Americans, the Congress has before it a bill 
embodying the recommendations of the Terrorism Commission, and we are 
not acting on it because, as far as I know, one Member of this body is 
not willing to allow it to move forward.
  I plead with him, I plead with other Members, if there are concerns, 
let's talk about them. But the time is short. Perfection cannot be the 
enemy of the good considering the nature of the challenge that we face 
with terrorists around the world and the need to do more about it. This 
isn't simply something that has been pulled out of thin air to try to 
deal with this problem. We have embodied most of the recommendations of 
the Terrorism Commission specifically mandated by Congress to give us 
recommendations about what else we need to be doing in this 
legislation.
  I say to Senator Leahy and any others, time is short. We need to 
visit. We need to talk about these things. We need to clear them away 
so we can pass this legislation. After the Senate acts, the House will 
need to act. They are expected to act with alacrity. For example, 
Representative Gilman, chairman of the Foreign Relations Committee, and 
Representative Goss, chairman of the Intelligence Committee, and I 
understand the leadership is prepared, if we can pass this bill, to 
take it up very quickly. However, I don't know how many days or hours 
are left in this session.
  I think it would be a travesty, given the events of the past month, 
given the threats that currently have been made against the United 
States, for the Congress to ignore the recommendations of the very 
Commission that we asked to give us advice, to ignore the 
recommendations of that Commission and conclude this Congress without 
acting to pass those recommendations to take additional steps to deal 
with the terrorist threat.
  Let's leave politics aside. This is a bipartisan effort of Senator 
Feinstein and myself. It has broad support on both sides of the aisle. 
I encourage my colleagues to please come forth if they have additional 
concerns so we can get this done.

                               Exhibit 1

                                               September 22, 2000.
     Senator Jon Kyl,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Kyl: In our capacities as former Chairman and 
     Vice Chairman of the National Commission on Terrorism, we 
     have been asked to comment on the proposed legislation which 
     we understand you intend to introduce to the 106th Congress 
     (called the ``Counterterrorism Act of 2000'').
       As you know, our bipartisan Commission concluded that the 
     threat to Americans from terrorism is changing and becoming 
     more serious. To meet this threat, the Commission made a 
     number of important recommendations to the President and 
     Congress in its final report of June 5, 2000.
       We have reviewed the draft bill and wish to commend you and 
     your colleagues for the job of translating into law a number 
     of the Commission's most important recommendations. We are 
     particularly pleased to see the bill address issues such as 
     state sponsorship of terrorism, better collection and 
     dissemination of terrorist intelligence, a broader strategy 
     for disrupting terrorist fund-raising, and

[[Page S10960]]

     efforts to prevent or deal with catastrophic terrorism in the 
     United States.
       We hope that this important bill will become law and that 
     Congress and the Executive branch will do everything possible 
     to implement it expeditiously.
           Respectfully,
     L. Paul Bromer, III,
       Former Chairman, National Commission on Terrorism.
     Maurice Sonnenberg,
       Former Vice Chairman, National Commission on Terrorism.
                                  ____



                                                        AIPAC,

                                 Washington, DC, October 16, 2000.
     Hon. Jon L. Kyl,
     U.S. Senate, Hart Building,
     Washington, DC.
       Dear Senator Kyl: On behalf of AIPAC, we are writing to 
     express our appreciation for your introduction of the 
     Counterterrorism Act of 2000. This legislation takes a number 
     of important steps to address the growing problem of 
     terrorism in our country and abroad.
       This bipartisan measure adopts many of the key 
     recommendations of the National Commission on Terrorism, 
     particularly with respect to long-term research and 
     development efforts and methods of improving controls over 
     biological pathogens. We believe this legislation will 
     encourage cooperation among states like the United States and 
     Israel that have worked so closely in fighting the scourge of 
     terrorism. Of course, we also endorse the legislation's 
     intent that Iran and Syria should remain on the list of 
     states that sponsor terrorism until they cease their support 
     for terrorist actions.
       Thank you again for your leadership, and please let us know 
     if we can be of assistance.
           Sincerely,
     Howard Kohr,
       Executive Director.
     Marvin Feuer,
       Director of Defense & Strategic Issues.
                                  ____

                                              Zionist Organization


                                                   of America,

                                   New York, NY, October 11, 2000.
     Senator Jon Kyl,
     U.S. Senate,
     Washington, DC.
       Dear Senator Kyl: On behalf of the Zionist Organization of 
     America (ZOA), which is the oldest and one of the largest 
     Zionist organizations in the United States, I am writing to 
     express the ZOA's enthusiastic support for S. 2507, the 
     Counterterrorism Act of 2000.
       This vital legislation will ensure that our country takes 
     swift and effective action to impede the ability of terrorist 
     groups to receive funding, acquire technology for use as 
     weapons, and recruit new members. We have all seen, in recent 
     years, the kind of devastation that terrorist groups can 
     wreak. Our government must do everything possible to combat 
     terrorist groups--and S. 2507 will mandate specific and 
     important steps that will play a crucial role in the fight 
     against terrorism.
       We are also pleased to note that the S. 2507 urges that 
     Syria be kept on the U.S. list of terror-sponsoring states 
     until it takes concrete anti-terror steps, such as shutting 
     down terrorist training camps and prohibiting the transfer of 
     weapons to terrorists through Syrian-controlled territory. 
     The legislation also appropriately urges that Iran be kept on 
     the list of terror-sponsors until there is concrete, 
     indisputable evidence that Iran has changed its ways and 
     forsaken terrorism. In the absence of such actions, 
     governments such as those in Syria and Iran must be treated 
     as the rogue regimes which they are.
       With gratitude for your leadership role in this effort,
           Sincerely,

                                              Morton A. Klein,

                                               National President,
     Zionist Organization of America.
                                  ____



                                                          ADL,

                                   New York, NY, October 12, 2000.
     Hon. Dianne Feinstein,
     U.S. Senate,
     Washington, DC.
       Dear Senator Feinstein: We welcome your leadership in 
     introducing legislation to codify several important proposals 
     of the bipartisan National Commission on Terrorism. As an 
     organization committed to monitoring hate groups while 
     safeguarding civil liberties, we support the bill's tough, 
     constitutional approach to investigating and prosecuting 
     terrorist crimes.
       The bill's mechanism for allowing classified evidence to be 
     used within a sound due process a framework represents the 
     kind of balanced approach which would prevent the improper 
     treatment of individuals, while allowing the government to 
     protect sources. The legislation would also implement useful 
     steps to prevent the US from being used as a fundraising base 
     for terrorism.
       It is well established that the government has the 
     constitutional right--and the duty--to keep our nation from 
     being used as a base for terrorist activity. The legislation 
     you have crafted makes vital improvements in our nation's 
     capability to investigate, deter, and prevent terrorism.
           Sincerely,
     Howard P. Berkowitz,
       National Chairman.
     Abraham H. Foxman,
       National Director.
                                  ____


AJCongress Welcomes Legislation Responding to Threat of Biological and 
  Chemical Attacks by Terrorists; Calls Measure `A Beginning Plan' to 
                          Deal With the Danger

       American Jewish Congress Executive Director Phil Baum 
     issued the following statement today following the decision 
     by Senators Jon Kyl and Dianne Feinstein to introduce 
     legislation responding to the recent report of the National 
     Commission on Terrorism:
       The danger not only to this country but to all of civil 
     society from the threat of biological and chemical weapons is 
     becoming ever more real and apparent. For some time now, 
     commentators have been warning of the growing risk of 
     terrorist attacks with these weapons unless effective counter 
     measures are quickly put in place.
       Those most expert and familiar with these matters warn that 
     the question is not whether there will be an attack, but 
     when.
       A sobering report released recently by the National 
     Commission on Terrorism has documented these concerns and has 
     begun the process of alerting Americans to the danger we face 
     and the steps that can be taken to meet that threat.
       Until now, little has been done concretely to implement the 
     Commission's report. Fortunately, there are now plans in the 
     Senate to attach as an amendment to the fiscal 2001 
     Intelligence Authorization Act a measure which is attempting 
     to respond to this challenge. Introduced by Senators Jon Kyl 
     (R-Ariz) and Dianne Feinstein (D-Calif), the legislation lays 
     out at least a beginning plan for dealing with these 
     problems.
       The bill for the first time would impose rigorous 
     restrictions on procedures used in research labs handling 
     pathogens; calls for presidential leadership in the 
     development of new technologies to counter terrorist attacks; 
     limits the capacity of terrorist groups to raise funds in 
     this country--which is often done under the guise of raising 
     funds for social programs; and mandates the CIA and the FBI 
     to report on the continuing effectiveness of anti-terrorist 
     measures currently in place.
       One provision of the bill--authorizing the FBI to share 
     foreign intelligence information obtained from domestic 
     wiretaps with the CIA and other intelligence agencies--has 
     quite properly met with criticism has consequently has been 
     dropped by Senator Kyl. We are convinced that an effective 
     fight against the new terrorist threat can be waged without 
     violating Constitutionally guaranteed civil liberties--
     protections which must remain our first priority.
       As the American people begin to focus on the dangers of 
     chemical and biological terrorism, two equally unacceptable 
     dangers present themselves: that we remain indifferent to the 
     threat, or that we overreact, at the expense of our civil 
     liberties. Neither is acceptable. A measured response is 
     necessary, and the Kyl-Feinstein bill begins that process.
       The legislation presents the Senate with the opportunity to 
     move the American people off dead center and to address the 
     danger in a composed and rational manner, without endangering 
     American freedoms or our country's sense of confidence in its 
     future. The new legislation rests on the premise that the 
     future can be best assured by a realistic address to the 
     dangers we confront.
       New technologies have been a blessing for this generation. 
     In the hands of terrorists, they become a curse for all 
     generations.

  The PRESIDING OFFICER. The Senator from Wyoming.

                          ____________________