[Congressional Record Volume 147, Number 130 (Tuesday, October 2, 2001)]
[Senate]
[Pages S10059-S10066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. WYDEN (for himself, Mr. McCain, and Mr. Leahy):
  S. 1481. A bill to extend the moratorium enacted by the Internet Tax 
Freedom Act for 2 years, and encourage States to simplify their sales 
and use taxes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. LEAHY. Mr. President, I want to add my support to promoting 
electronic commerce and keeping it free from discriminatory and 
multiple State and local taxes. I am pleased to join the senior Senator 
from Oregon and the senior Senator from Arizona as an original 
cosponsor of the Internet Tax Moratorium Extension Act. I commend 
Senator Wyden and Senator McCain for their continued leadership on 
Internet tax policy.
  Although electronic commerce is beginning to blossom, it is still in 
its infancy. Stability is key to reaching its full potential, and 
creating new tax categories for the Internet is exactly the wrong thing 
to do. E-commerce should not be subject to new taxes that do not apply 
to other commerce.
  Indeed, without the current moratorium, there are 30,000 different 
jurisdictions around the country that could levy discriminatory or 
multiple Internet taxes on E-commerce. Let's not allow the future of 
electronic commerce, with its great potential to expand the markets of 
Main Street businesses, to be crushed by the weight of discriminatory 
taxation.
  We also need a national policy to make sure that the traditional 
State and local sales taxes on Internet sales are applied and collected 
fairly and uniformly. This two-year extension of the current moratorium 
gives our Governors and State legislatures time to simplify their sale 
tax rules and reach consensus on a workable national system for 
collecting sales taxes on E-commerce.
  E-commerce is growing, our moratorium law is working, and we should 
keep a good thing going. I am proud to cosponsor the Internet Tax 
Moratorium Extension Act to encourage online commerce to continue to 
grow with confidence. I urge my colleagues to support its swift passage 
into law.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Lugar, Mr. Hatch, Mr. Dayton, Mr. 
        Akaka, Mr. Johnson, Mr. Allard, Mr. Crapo, Mr. Craig, Mrs. 
        Lincoln, Mr. Helms, and Mr. Nelson of Florida):

[[Page S10060]]

  S. 1482. A bill to consolidate and revise the authority of the 
Secretary of Agriculture relating to protection of animal health; to 
the Committee on Agriculture, Nutrition, and Forestry.
  Mr. HARKIN. Mr. President, today, I am pleased to introduce the 
Animal Health Protection Act, AHPA, of 2001. I am proud that my good 
friend from Indiana, Senator Lugar, stands with me today, as well as 
Senators Hatch, Dayton, Akaka, Johnson, Allard, Crapo, Craig, Lincoln, 
and Helms. This legislation modernizes and consolidates important 
animal health statutes. We support the AHPA as a means towards improved 
domestic livestock protection.
  As many of my colleagues are aware, the U.S. Department of 
Agriculture, USDA, is currently more prepared to protect our Nation's 
plants from foreign pests and diseases than to protect our domestic 
livestock from the same threats. Last year, the Plant Protection Act, a 
bill that greatly improved plant protection regulations, was signed 
into law. We need similar action to protect animal agriculture. The 
AHPA will expand USDA's legal authority to protect animals to that 
currently afforded for plant agriculture.
  The AHPA updates and consolidates animal quarantine and related laws, 
some of which date back to the late 1800's and replaces them with one 
flexible statutory framework. USDA will be better prepared to take more 
effective, expeditious action to protect animal health.
  This legislation also gives USDA authority to specifically address 
modern threats to all aspects of animal health. One such threat is 
foot-and-mouth disease. As our friends in Great Britain can attest, an 
outbreak of this destructive disease can cost a Nation billions of 
dollars and millions of livestock. In the U.K. alone, over one million 
animals had to be destroyed as a result of FMD. If we do not update our 
laws, I worry that our Nation will be vulnerable to the introduction 
and spread of foreign animal diseases like FMD or ``mad cow disease'', 
BSE. The recent discovery of BSE in Japan shows that the threats are 
still current. The price of prevention is vigilance.
  Finally, this legislation has become even more important since the 
tragic events of September 11. Concerns about biosecurity and possible 
biological or chemical attacks directed at our Nations food supply must 
be taken very seriously. This legislation is crucial to fully protect 
domestic livestock and the U.S. food supply from these threats.
  I hope that the Senate will be able to move quickly on this 
legislation, and I thank Senator Lugar and others for working with me 
to get it introduced.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1482

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Animal 
     Health Protection Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Restriction on importation or entry.
Sec. 5. Exportation.
Sec. 6. Interstate movement.
Sec. 7. Seizure, quarantine, and disposal.
Sec. 8. Inspections, seizures, and warrants.
Sec. 9. Detection, control, and eradication of diseases and pests.
Sec. 10. Veterinary accreditation program.
Sec. 11. Cooperation.
Sec. 12. Reimbursable agreements.
Sec. 13. Administration and claims.
Sec. 14. Penalties.
Sec. 15. Enforcement.
Sec. 16. Regulations and orders.
Sec. 17. Authorization of appropriations.
Sec. 18. Repeals and conforming amendments.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the prevention, detection, control, and eradication of 
     diseases and pests of animals are essential to protect--
       (A) animal health;
       (B) the health and welfare of the people of the United 
     States;
       (C) the economic interests of the livestock and related 
     industries of the United States;
       (D) the environment of the United States; and
       (E) interstate commerce and foreign commerce of the United 
     States in animals and other articles;
       (2) animal diseases and pests are primarily transmitted by 
     animals and articles regulated under this Act;
       (3) the health of animals is affected by the methods by 
     which animals and articles are transported in interstate 
     commerce and foreign commerce;
       (4) the Secretary must continue to conduct research on 
     animal diseases and pests that constitute a threat to the 
     livestock of the United States; and
       (5)(A) all animals and articles regulated under this Act 
     are in or affect interstate commerce or foreign commerce; and
       (B) regulation by the Secretary and cooperation by the 
     Secretary with foreign countries, States or other 
     jurisdictions, or persons are necessary--
       (i) to prevent and eliminate burdens on interstate commerce 
     and foreign commerce;
       (ii) to regulate effectively interstate commerce and 
     foreign commerce; and
       (iii) to protect the agriculture, environment, economy, and 
     health and welfare of the people of the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Animal.--The term ``animal'' means any member of the 
     animal kingdom (except a human).
       (2) Article.--The term ``article'' means any pest or 
     disease or any material or tangible object that could harbor 
     a pest or disease.
       (3) Disease.--The term ``disease'' means--
       (A) any infectious or noninfectious disease or condition 
     affecting the health of livestock; or
       (B) any condition detrimental to production of livestock.
       (4) Enter.--The term ``enter'' means to move into the 
     commerce of the United States.
       (5) Export.--The term ``export'' means to move from a place 
     within the territorial limits of the United States to a place 
     outside the territorial limits of the United States.
       (6) Facility.--The term ``facility'' means any structure.
       (7) Import.--The term ``import'' means to move from a place 
     outside the territorial limits of the United States to a 
     place within the territorial limits of the United States.
       (8) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (9) Interstate commerce.--The term ``interstate commerce'' 
     means trade, traffic, or other commerce--
       (A) between a place in a State and a place in another 
     State, or between places within the same State but through 
     any place outside that State; or
       (B) within the District of Columbia or any territory or 
     possession of the United States.
       (10) Livestock.--The term ``livestock'' means all farm-
     raised animals.
       (11) Means of conveyance.--The term ``means of conveyance'' 
     means any personal property used for or intended for use for 
     the movement of any other personal property.
       (12) Move.--The term ``move'' means--
       (A) to carry, enter, import, mail, ship, or transport;
       (B) to aid, abet, cause, or induce carrying, entering, 
     importing, mailing, shipping, or transporting;
       (C) to offer to carry, enter, import, mail, ship, or 
     transport;
       (D) to receive in order to carry, enter, import, mail, 
     ship, or transport;
       (E) to release into the environment; or
       (F) to allow any of the activities described in this 
     paragraph.
       (13) Pest.--The term ``pest'' means any of the following 
     that can directly or indirectly injure, cause damage to, or 
     cause disease in livestock:
       (A) A protozoan.
       (B) A plant.
       (C) A bacteria.
       (D) A fungus.
       (E) A virus or viroid.
       (F) An infectious agent or other pathogen.
       (G) An arthropod.
       (H) A parasite.
       (I) A prion.
       (J) A vector.
       (K) An animal.
       (L) Any organism similar to or allied with any of the 
     organisms described in this paragraph.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (15) State.--The term ``State'' means any of the States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, the Commonwealth of the Northern Mariana Islands, the 
     Virgin Islands of the United States, or any territory or 
     possession of the United States.
       (16) This act.--Except when used in this section, the term 
     ``this Act'' includes any regulation or order issued by the 
     Secretary under the authority of this Act.
       (17) United states.--The term ``United States'' means all 
     of the States.

     SEC. 4. RESTRICTION ON IMPORTATION OR ENTRY.

       (a) In General.--The Secretary may prohibit or restrict--
       (1) the importation or entry of any animal, article, or 
     means of conveyance, or use of any means of conveyance or 
     facility, if the Secretary determines that the prohibition or 
     restriction is necessary to prevent the introduction into or 
     dissemination within the United States of any pest or disease 
     of livestock;
       (2) the further movement of any animal that has strayed 
     into the United States if the Secretary determines that the 
     prohibition or restriction is necessary to prevent the 
     introduction into or dissemination within the United States 
     of any pest or disease of livestock; and
       (3) the use of any means of conveyance in connection with 
     the importation or entry of livestock if the Secretary 
     determines that the prohibition or restriction is necessary 
     because the means of conveyance has not been maintained in a 
     clean and sanitary condition or does not have accommodations 
     for the safe and proper movement of livestock.
       (b) Regulations.--The Secretary may promulgate regulations 
     requiring that any animal imported or entered be raised or 
     handled


[[Page S10061]]

under post-importation quarantine conditions by or under the 
supervision of the Secretary for the purpose of determining whether the 
animal is or may be affected by any pest or disease of livestock.
       (c) Destruction or Removal.--
       (1) In general.--The Secretary may order the destruction or 
     removal from the United States of--
       (A) any animal, article, or means of conveyance that has 
     been imported but has not entered the United States if the 
     Secretary determines that destruction or removal from the 
     United States is necessary to prevent the introduction into 
     or dissemination within the United States of any pest or 
     disease of livestock;
       (B) any animal or progeny of any animal, article, or means 
     of conveyance that has been imported or entered in violation 
     of this Act; or
       (C) any animal that has strayed into the United States if 
     the Secretary determines that destruction or removal from the 
     United States is necessary to prevent the introduction into 
     or dissemination within the United States of any pest or 
     disease of livestock.
       (2) Requirements of owners.--
       (A) Orders to disinfect.--The Secretary may require the 
     disinfection of--
       (i) a means of conveyance used in connection with the 
     importation of an animal;
       (ii) an individual involved in the importation of an animal 
     and personal articles of the individual; and
       (iii) any article used in the importation of an animal.
       (B) Failure to comply with orders.--If an owner fails to 
     comply with an order of the Secretary under this section, the 
     Secretary may--
       (i) take remedial action, destroy, or remove from the 
     United States the animal or progeny of any animal, article, 
     or means of conveyance as authorized under paragraph (1); and
       (ii) recover from the owner the costs of any care, 
     handling, disposal, or other action incurred by the Secretary 
     in connection with the remedial action, destruction, or 
     removal.

     SEC. 5. EXPORTATION.

       (a) In General.--The Secretary may prohibit or restrict--
       (1) the exportation of any animal, article, or means of 
     conveyance if the Secretary determines that the prohibition 
     or restriction is necessary to prevent the dissemination from 
     or within the United States of any pest or disease of 
     livestock;
       (2) the exportation of any livestock if the Secretary 
     determines that the livestock is unfit to be moved;
       (3) the use of any means of conveyance or facility in 
     connection with the exportation of any animal or article if 
     the Secretary determines that the prohibition or restriction 
     is necessary to prevent the dissemination from or within the 
     United States of any pest or disease of livestock; or
       (4) the use of any means of conveyance in connection with 
     the exportation of livestock if the Secretary determines that 
     the prohibition or restriction is necessary because the means 
     of conveyance has not been maintained in a clean and sanitary 
     condition or does not have accommodations for the safe and 
     proper movement and humane treatment of livestock.
       (b) Requirements of Owners.--
       (1) Orders to disinfect.--The Secretary may require the 
     disinfection of--
       (A) a means of conveyance used in connection with the 
     exportation of an animal;
       (B) an individual involved in the exportation of an animal 
     and personal articles of the individual; and
       (C) any article used in the exportation of an animal.
       (2) Failure to comply with orders.--If an owner fails to 
     comply with an order of the Secretary under this section, the 
     Secretary may--
       (A) take remedial action with respect to the animal, 
     article, or means of conveyance referred to in paragraph (1); 
     and
       (B) recover from the owner the costs of any care, handling, 
     disposal, or other action incurred by the Secretary in 
     connection with the remedial action.
       (c) Certification.--The Secretary may certify the 
     classification, quality, quantity, condition, processing, 
     handling, or storage of any animal or article intended for 
     export.

     SEC. 6. INTERSTATE MOVEMENT.

       The Secretary may prohibit or restrict--
       (1) the movement in interstate commerce of any animal, 
     article, or means of conveyance if the Secretary determines 
     that the prohibition or restriction is necessary to prevent 
     the introduction or dissemination of any pest or disease of 
     livestock; and
       (2) the use of any means of conveyance or facility in 
     connection with the movement in interstate commerce of any 
     animal or article if the Secretary determines that the 
     prohibition or restriction is necessary to prevent the 
     introduction or dissemination of any pest or disease of 
     livestock.

     SEC. 7. SEIZURE, QUARANTINE, AND DISPOSAL.

       (a) In General.--The Secretary may hold, seize, quarantine, 
     treat, destroy, dispose of, or take other remedial action 
     with respect to--
       (1) any animal or progeny of any animal, article, or means 
     of conveyance that--
       (A) is moving or has been moved in interstate commerce or 
     has been imported and entered; and
       (B) the Secretary has reason to believe may carry, may have 
     carried, or may have been affected with or exposed to any 
     pest or disease of livestock at the time of movement or that 
     is otherwise in violation of this Act;
       (2) any animal or progeny of any animal, article, or means 
     of conveyance that is moving or is being handled, or has 
     moved or has been handled, in interstate commerce in 
     violation of this Act;
       (3) any animal or progeny of any animal, article, or means 
     of conveyance that has been imported, and is moving or is 
     being handled or has moved or has been handled, in violation 
     of this Act; or
       (4) any animal or progeny of any animal, article, or means 
     of conveyance that the Secretary finds is not being 
     maintained, or has not been maintained, in accordance with 
     any post-importation quarantine, post-importation condition, 
     post-movement quarantine, or post-movement condition in 
     accordance with this Act.
       (b) Extraordinary Emergencies.--
       (1) In general.--Subject to paragraph (2), if the Secretary 
     determines that an extraordinary emergency exists because of 
     the presence in the United States of a pest or disease of 
     livestock and that the presence of the pest or disease 
     threatens the livestock of the United States, the Secretary 
     may--
       (A) hold, seize, treat, apply other remedial actions to, 
     destroy (including preventative slaughter), or otherwise 
     dispose of, any animal, article, facility, or means of 
     conveyance if the Secretary determines the action is 
     necessary to prevent the dissemination of the pest or 
     disease; and
       (B) prohibit or restrict the movement or use within a 
     State, or any portion of a State of any animal or article, 
     means of conveyance, or facility if the Secretary determines 
     that the prohibition or restriction is necessary to prevent 
     the dissemination of the pest or disease.
       (2) State action.--
       (A) In general.--The Secretary may take action in a State 
     under this subsection only on finding that measures being 
     taken by the State are inadequate to control or eradicate the 
     pest or disease, after review and consultation with--
       ``(i) the Governor or an appropriate animal health official 
     of the State; or
       ``(ii) in the case of any animal, article, facility, or 
     means of conveyance under the jurisdiction of an Indian 
     tribe, the head of the Indian tribe.
       (B) Notice.--Subject to subparagraph (C), before any action 
     is taken in a State under subparagraph (A), the Secretary 
     shall--
       (i) notify the Governor, an appropriate animal health 
     official of the State, or head of the Indian tribe of the 
     proposed action;
       (ii) issue a public announcement of the proposed action; 
     and
       (iii) publish in the Federal Register--

       (I) the findings of the Secretary;
       (II) a description of the proposed action; and
       (III) a statement of the reasons for the proposed action.

       (C) Notice after action.--If it is not practicable to 
     publish in the Federal Register the information required 
     under subparagraph (B)(iii) before taking action under 
     subparagraph (A), the Secretary shall publish the information 
     as soon as practicable, but not later than 10 business days, 
     after commencement of the action.
       (c) Quarantine, Disposal, or Other Remedial Action.--
       (1) In general.--The Secretary, in writing, may order the 
     owner of any animal, article, facility, or means of 
     conveyance referred to in subsection (a) or (b) to maintain 
     in quarantine, dispose of, or take other remedial action with 
     respect to the animal, article, facility, or means of 
     conveyance, in a manner determined by the Secretary.
       (2) Failure to comply with orders.--If the owner fails to 
     comply with the order of the Secretary, the Secretary may--
       (A) seize, quarantine, dispose of, or take other remedial 
     action with respect to the animal, article, facility, or 
     means of conveyance under subsection (a) or (b); and
       (B) recover from the owner the costs of any care, handling, 
     disposal, or other remedial action incurred by the Secretary 
     in connection with the seizure, quarantine, disposal, or 
     other remedial action.
       (d) Compensation.--
       (1) In general.--Except as provided in paragraph (3), the 
     Secretary shall compensate the owner of any animal, article, 
     facility, or means of conveyance that the Secretary requires 
     to be destroyed under this section.
       (2) Amount.--
       (A) In general.--Subject to subparagraphs (B) and (C), the 
     compensation shall be based on the fair market value, as 
     determined by the Secretary, of the destroyed animal, 
     article, facility, or means of conveyance.
       (B) Limitation.--Compensation paid any owner under this 
     subsection shall not exceed the difference between--
       (i) the fair market value of the destroyed animal, article, 
     facility, or means of conveyance; and
       (ii) any compensation received by the owner from a State or 
     other source for the destroyed animal, article, facility, or 
     means of conveyance.
       (C) Reviewability of determination.--The determination by 
     the Secretary of the amount to be paid under this subsection 
     shall be final and not subject to judicial review.
       (3) Exceptions.--No payment shall be made by the Secretary 
     under this subsection for--

[[Page S10062]]

       (A) any animal, article, facility, or means of conveyance 
     that has been moved or handled by the owner in violation of 
     an agreement for the control and eradication of diseases or 
     pests or in violation of this Act;
       (B) any progeny of any animal or article, which animal or 
     article has been moved or handled by the owner of the animal 
     or article in violation of this Act;
       (C) any animal, article, or means of conveyance that is 
     refused entry under this Act; or
       (D) any animal, article, facility, or means of conveyance 
     that becomes or has become affected with or exposed to any 
     pest or disease of livestock because of a violation of an 
     agreement for the control and eradication of diseases or 
     pests or a violation of this Act by the owner.

     SEC. 8. INSPECTIONS, SEIZURES, AND WARRANTS.

       (a) Guidelines.--The activities authorized by this section 
     shall be carried out consistent with guidelines approved by 
     the Attorney General.
       (b) Warrantless Inspections.--The Secretary may stop and 
     inspect, without a warrant, any person or means of conveyance 
     moving--
       (1) into the United States, to determine whether the person 
     or means of conveyance is carrying any animal or article 
     regulated under this Act;
       (2) in interstate commerce, on probable cause to believe 
     that the person or means of conveyance is carrying any animal 
     or article regulated under this Act; or
       (3) in intrastate commerce from any State, or any portion 
     of a State, quarantined under section 7(b), on probable cause 
     to believe that the person or means of conveyance is carrying 
     any animal or article quarantined under section 7(b).
       (c) Inspections With Warrants.--
       (1) In general.--The Secretary may enter, with a warrant, 
     any premises in the United States for the purpose of making 
     inspections and seizures under this Act.
       (2) Application and issuance of warrants.--
       (A) In general.--On proper oath or affirmation showing 
     probable cause to believe that there is on certain premises 
     any animal, article, facility, or means of conveyance 
     regulated under this Act, a United States judge, a judge of a 
     court of record in the United States, or a United States 
     magistrate judge may issue a warrant for the entry on 
     premises within the jurisdiction of the judge or magistrate 
     to make any inspection or seizure under this Act.
       (B) Execution.--The warrant may be applied for and executed 
     by the Secretary or any United States marshal.

     SEC. 9. DETECTION, CONTROL, AND ERADICATION OF DISEASES AND 
                   PESTS.

       (a) In General.--The Secretary may carry out operations and 
     measures to detect, control, or eradicate any pest or disease 
     of livestock (including the drawing of blood and diagnostic 
     testing of animals), including animals at a slaughterhouse, 
     stockyard, or other point of concentration.
       (b) Compensation.--The Secretary may pay a claim arising 
     out of the destruction of any animal, article, or means of 
     conveyance consistent with the purposes of this Act.

     SEC. 10. VETERINARY ACCREDITATION PROGRAM.

       (a) In General.--The Secretary may establish a veterinary 
     accreditation program that is consistent with this Act, 
     including the establishment of standards of conduct for 
     accredited veterinarians.
       (b) Consultation.--The Secretary shall consult with State 
     animal health officials regarding the establishment of the 
     veterinary accreditation program.

     SEC. 11. COOPERATION.

       (a) In General.--To carry out this Act, the Secretary may 
     cooperate with other Federal agencies, States or political 
     subdivisions of States, national governments of foreign 
     countries, local governments of foreign countries, domestic 
     or international organizations, domestic or international 
     associations, Indian tribes, and other persons.
       (b) Responsibility.--The person or other entity cooperating 
     with the Secretary shall be responsible for the authority 
     necessary to carry out operations or measures--
       (1) on all land and property within a foreign country or 
     State, or under the jurisdiction of an Indian tribe, other 
     than on land and property owned or controlled by the United 
     States; and
       (2) using other facilities and means, as determined by the 
     Secretary.
       (c) Screwworms.--
       (1) In general.--The Secretary may, independently or in 
     cooperation with national governments of foreign countries or 
     international organizations or associations, produce and sell 
     sterile screwworms to any national government of a foreign 
     country or international organization or association, if the 
     Secretary determines that the livestock industry and related 
     industries of the United States will not be adversely 
     affected by the production and sale.
       (2) Proceeds.--
       (A) Independent production and sale.--If the Secretary 
     independently produces and sells sterile screwworms under 
     paragraph (1), the proceeds of the sale shall be--
       (i) deposited into the Treasury of the United States; and
       (ii) credited to the account from which the operating 
     expenses of the facility producing the sterile screwworms 
     have been paid.
       (B) Cooperative production and sale.--
       (i) In general.--If the Secretary cooperates to produce and 
     sell sterile screwworms under paragraph (1), the proceeds of 
     the sale shall be divided between the United States and the 
     cooperating national government or international organization 
     or association in a manner determined by the Secretary.
       (ii) Account.--The United States portion of the proceeds 
     shall be--

       (I) deposited into the Treasury of the United States; and
       (II) credited to the account from which the operating 
     expenses of the facility producing the sterile screwworms 
     have been paid.

       (d) Cooperation in Program Administration.--The Secretary 
     may cooperate with State authorities, Indian tribe 
     authorities, or other persons in the administration of 
     regulations for the improvement of livestock and livestock 
     products.
       (e) Consultation With Other Federal Agencies.--
       (1) In general.--The Secretary shall consult with the head 
     of a Federal agency with respect to any activity that is 
     under the jurisdiction of the Federal agency.
       (2) Lead agency.--The Department of Agriculture shall be 
     the lead agency with respect to issues related to pests and 
     diseases of livestock.

     SEC. 12. REIMBURSABLE AGREEMENTS.

       (a) Authority To Enter Into Agreements.--The Secretary may 
     enter into reimbursable fee agreements with persons for 
     preclearance of animals or articles at locations outside the 
     United States for movement into the United States.
       (b) Funds Collected for Preclearance.--Funds collected for 
     preclearance activities shall--
       (1) be credited to accounts that may be established by the 
     Secretary for carrying out this section; and
       (2) remain available until expended for the preclearance 
     activities, without fiscal year limitation.
       (c) Payment of Employees.--
       (1) In general.--Notwithstanding any other law, the 
     Secretary may pay an officer or employee of the Department of 
     Agriculture performing services under this Act relating to 
     imports into and exports from the United States for all 
     overtime, night, or holiday work performed by the officer or 
     employee at a rate of pay determined by the Secretary.
       (2) Reimbursement.--
       (A) In general.--The Secretary may require a person for 
     whom the services are performed to reimburse the Secretary 
     for any expenses paid by the Secretary for the services under 
     this subsection.
       (B) Use of funds.--All funds collected under this 
     subsection shall--
       (i) be credited to the account that incurs the costs; and
       (ii) remain available until expended, without fiscal year 
     limitation.
       (d) Late Payment Penalties.--
       (1) Collection.--On failure by a person to reimburse the 
     Secretary in accordance with this section, the Secretary may 
     assess a late payment penalty against the person, including 
     interest on overdue funds, as required by section 3717 of 
     title 31, United States Code.
       (2) Use of funds.--Any late payment penalty and any accrued 
     interest shall--
       (A) be credited to the account that incurs the costs; and
       (B) remain available until expended, without fiscal year 
     limitation.

     SEC. 13. ADMINISTRATION AND CLAIMS.

       (a) Administration.--To carry out this Act, the Secretary 
     may--
       (1) acquire and maintain real or personal property;
       (2) employ a person;
       (3) make a grant; and
       (4) notwithstanding chapter 63 of title 31, United States 
     Code, enter into a contract, cooperative agreement, 
     memorandum of understanding, or other agreement.
       (b) Tort Claims.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary may pay a tort claim, in the manner authorized by 
     the first paragraph of section 2672 of title 28, United 
     States Code, if the claim arises outside the United States in 
     connection with an activity authorized under this Act.
       (2) Requirements.--A claim may not be allowed under this 
     subsection unless the claim is presented in writing to the 
     Secretary not later than 2 years after the date on which the 
     claim arises.

     SEC. 14. PENALTIES.

       (a) Criminal Penalties.--Any person that knowingly violates 
     this Act, or that knowingly forges, counterfeits, or, without 
     authority from the Secretary, uses, alters, defaces, or 
     destroys any certificate, permit, or other document provided 
     under this Act shall be guilty of a misdemeanor, and, on 
     conviction, shall be fined in accordance with title 18, 
     United States Code, imprisoned not more than 1 year, or both.
       (b) Civil Penalties.--
       (1) In general.--Any person that violates this Act, or that 
     forges, counterfeits, or, without authority from the 
     Secretary, uses, alters, defaces, or destroys any 
     certificate, permit, or other document provided under this 
     Act may, after notice and opportunity for a hearing on the 
     record, be assessed a civil penalty by the Secretary that 
     does not exceed the greater of--
       (A)(i) $50,000 in the case of any individual, except that 
     the civil penalty may not exceed $1,000 in the case of an 
     initial violation of this Act by an individual moving 
     regulated articles not for monetary gain;
       (ii) $250,000 in the case of any other person for each 
     violation; and

[[Page S10063]]

       (iii) $500,000 for all violations adjudicated in a single 
     proceeding; or
       (B) twice the gross gain or gross loss for any violation or 
     forgery, counterfeiting, or unauthorized use, alteration, 
     defacing or destruction of a certificate, permit, or other 
     document provided under this Act that results in the person's 
     deriving pecuniary gain or causing pecuniary loss to another 
     person.
       (2) Factors in determining civil penalty.--In determining 
     the amount of a civil penalty, the Secretary shall take into 
     account the nature, circumstance, extent, and gravity of the 
     violation or violations and the Secretary may consider, with 
     respect to the violator--
       (A) the ability to pay;
       (B) the effect on ability to continue to do business;
       (C) any history of prior violations;
       (D) the degree of culpability; and
       (E) such other factors as the Secretary considers to be 
     appropriate.
       (3) Settlement of civil penalties.--The Secretary may 
     compromise, modify, or remit, with or without conditions, any 
     civil penalty that may be assessed under this subsection.
       (4) Finality of orders.--
       (A) Final order.--The order of the Secretary assessing a 
     civil penalty shall be treated as a final order reviewable 
     under chapter 158 of title 28, United States Code.
       (B) Review.--The validity of the order of the Secretary may 
     not be reviewed in an action to collect the civil penalty.
       (C) Interest.--Any civil penalty not paid in full when due 
     under an order assessing the civil penalty shall thereafter 
     accrue interest until paid at the rate of interest applicable 
     to civil judgments of the courts of the United States.
       (c) Suspension or Revocation of Accreditation.--
       (1) In general.--The Secretary may, after notice and 
     opportunity for a hearing on the record, suspend or revoke 
     the accreditation of any veterinarian accredited under this 
     Act that violates this Act.
       (2) Final order.--The order of the Secretary suspending or 
     revoking accreditation shall be treated as a final order 
     reviewable under chapter 158 of title 28, United States Code.
       (3) Summary suspension.--
       (A) In general.--Notwithstanding paragraph (1), the 
     Secretary may summarily suspend the accreditation of a 
     veterinarian who the Secretary has reason to believe has 
     violated this Act.
       (B) Hearings.--The Secretary shall provide the accredited 
     veterinarian with a subsequent notice and an opportunity for 
     a prompt post-suspension hearing on the record.
       (d) Liability for Acts of Agents.--In the construction and 
     enforcement of this Act, the act, omission, or failure of any 
     officer, agent, or person acting for or employed by any other 
     person within the scope of the employment or office of the 
     officer, agent, or person, shall be deemed also to be the 
     act, omission, or failure of the other person.
       (e) Guidelines for Civil Penalties.--The Secretary shall 
     coordinate with the Attorney General to establish guidelines 
     to determine under what circumstances the Secretary may issue 
     a civil penalty or suitable notice of warning in lieu of 
     prosecution by the Attorney General of a violation of this 
     Act.

     SEC. 15. ENFORCEMENT.

       (a) Collection of Information.--
       (1) In general.--The Secretary may gather and compile 
     information and conduct any inspection or investigation that 
     the Secretary considers to be necessary for the 
     administration or enforcement of this Act.
       (2) Subpoenas.--
       (A) In general.--The Secretary shall have power to issue a 
     subpoena to compel the attendance and testimony of any 
     witness and the production of any documentary evidence 
     relating to the administration or enforcement of this Act or 
     any matter under investigation in connection with this Act.
       (B) Location of production.--The attendance of any witness 
     and production of documentary evidence relevant to the 
     inquiry may be required from any place in the United States.
       (C) Enforcement.--
       (i) In general.--In case of disobedience to a subpoena by 
     any person, the Secretary may request the Attorney General to 
     invoke the aid of any court of the United States within the 
     jurisdiction in which the investigation is conducted, or 
     where the person resides, is found, transacts business, is 
     licensed to do business, or is incorporated, to require the 
     attendance and testimony of any witness and the production of 
     documentary evidence.
       (ii) Noncompliance.--In case of a refusal to obey a 
     subpoena issued to any person, a court may order the person 
     to appear before the Secretary and give evidence concerning 
     the matter in question or to produce documentary evidence.
       (iii) Contempt.--Any failure to obey the order of the court 
     may be punished by the court as contempt of the court.
       (D) Compensation.--
       (i) Witnesses.--A witness summoned by the Secretary under 
     this Act shall be paid the same fees and mileage that are 
     paid to a witness in a court of the United States.
       (ii) Depositions.--A witness whose deposition is taken, and 
     the person taking the deposition, shall be entitled to the 
     same fees that are paid for similar services in a court of 
     the United States.
       (E) Procedures.--
       (i) Publication.--The Secretary shall publish procedures 
     for the issuance of subpoenas under this section.
       (ii) Review.--The procedures shall include a requirement 
     that subpoenas be reviewed for legal sufficiency and, to be 
     effective, be signed by the Secretary.
       (iii) Delegation.--If the authority to sign a subpoena is 
     delegated to an agency other than the Office of 
     Administrative Law Judges, the agency receiving the 
     delegation shall seek review of the subpoena for legal 
     sufficiency outside that agency.
       (b) Authority of Attorney General.--The Attorney General 
     may--
       (1) prosecute, in the name of the United States, all 
     criminal violations of this Act that are referred to the 
     Attorney General by the Secretary or are brought to the 
     notice of the Attorney General by any person;
       (2) bring an action to enjoin the violation of or to compel 
     compliance with this Act, or to enjoin any interference by 
     any person with the Secretary in carrying out this Act, in 
     any case in which the Secretary has reason to believe that 
     the person has violated, or is about to violate this Act or 
     has interfered, or is about to interfere, with the actions of 
     the Secretary; or
       (3) bring an action for the recovery of any unpaid civil 
     penalty, funds under a reimbursable agreement, late payment 
     penalty, or interest assessed under this Act.
       (c) Court Jurisdiction.--
       (1) In general.--The United States district courts, the 
     District Court of Guam, the District Court of the Northern 
     Mariana Islands, the District Court of the Virgin Islands, 
     the highest court of American Samoa, and the United States 
     courts of the other territories and possessions are vested 
     with jurisdiction in all cases arising under this Act.
       (2) Venue.--Any action arising under this Act may be 
     brought, and process may be served, in the judicial district 
     where a violation or interference occurred or is about to 
     occur, or where the person charged with the violation, 
     interference, impending violation, impending interference, or 
     failure to pay resides, is found, transacts business, is 
     licensed to do business, or is incorporated.
       (3) Exception.--Paragraphs (1) and (2) do not apply to 
     subsections (b) and (c) of section 14.

     SEC. 16. REGULATIONS AND ORDERS.

       The Secretary may promulgate such regulations, and issue 
     such orders, as the Secretary determines necessary to carry 
     out this Act.

     SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this Act.
       (b) Transfer of Funds.--
       (1) In general.--In connection with an emergency under 
     which a pest or disease of livestock threatens any segment of 
     agricultural production in the United States, the Secretary 
     may transfer from other appropriations or funds available to 
     the agencies or corporations of the Department of Agriculture 
     such funds as the Secretary determines are necessary for the 
     arrest, control, eradication, or prevention of the spread of 
     the pest or disease of livestock and for related expenses.
       (2) Availability.--Any funds transferred under this 
     subsection shall remain available until expended, without 
     fiscal year limitation.
       (c) Use of Funds.--In carrying out this Act, the Secretary 
     may use funds made available to carry out this Act for--
       (1) printing and binding, without regard to section 501 of 
     title 44, United States Code;
       (2) the employment of civilian nationals in foreign 
     countries; and
       (3) the construction and operation of research 
     laboratories, quarantine stations, and other buildings and 
     facilities for special purposes.

     SEC. 18. REPEALS AND CONFORMING AMENDMENTS.

       (a) Repeals.--The following provisions of law are repealed:
       (1) Public Law 97-46 (7 U.S.C. 147b).
       (2) Section 101(b) of the Act of September 21, 1944 (7 
     U.S.C. 429).
       (3) The Act of August 28, 1950 (7 U.S.C. 2260).
       (4) Section 919 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 2260a).
       (5) Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306).
       (6) Sections 6 through 8 and 10 of the Act of August 30, 
     1890 (21 U.S.C. 102 through 105).
       (7) The Act of February 2, 1903 (21 U.S.C. 111, 120 through 
     122).
       (8) Sections 2 through 9, 11, and 13 of the Act of May 29, 
     1884 (21 U.S.C. 112, 113, 114, 114a, 114a-1, 115 through 120, 
     130).
       (9) The first section and sections 2, 3, and 5 of the Act 
     of February 28, 1947 (21 U.S.C. 114b, 114c, 114d, 114d-1).
       (10) The Act of June 16, 1948 (21 U.S.C. 114e, 114f).
       (11) Public Law 87-209 (21 U.S.C. 114g, 114h).
       (12) Section 2506 of the Food, Agriculture, Conservation, 
     and Trade Act of 1990 (21 U.S.C. 114i).
       (13) The third and fourth provisos of the fourth paragraph 
     under the heading ``bureau of animal industry'' of the Act of 
     May 31, 1920 (21 U.S.C. 116).
       (14) The first section and sections 2, 3, 4, and 6 of the 
     Act of March 3, 1905 (21 U.S.C. 123 through 127).

[[Page S10064]]

       (15) The first proviso under the heading ``General 
     expenses, Bureau of Animal Industry'' under the heading 
     ``BUREAU OF ANIMAL INDUSTRY'' of the Act of June 30, 1914 (21 
     U.S.C. 128).
       (16) The fourth proviso under the heading ``salaries and 
     expenses'' under the heading ``Animal and Plant Health 
     Inspection Service'' of title I of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (21 U.S.C. 129).
       (17) The third paragraph under the heading 
     ``MISCELLANEOUS'' of the Act of May 26, 1910 (21 U.S.C. 131).
       (18) The first section and sections 2 through 6 and 11 
     through 13 of Public Law 87-518 (21 U.S.C. 134 through 134h).
       (19) Public Law 91-239 (21 U.S.C. 135 through 135b).
       (20) Sections 12 through 14 of the Federal Meat Inspection 
     Act (21 U.S.C. 612 through 614).
       (21) Chapter 39 of title 46, United States Code.
       (b) Conforming Amendments.--
       (1) Section 414(b) of the Plant Protection Act (7 U.S.C. 
     7714(b)) is amended--
       (A) in paragraph (1), by striking ``, or the owner's 
     agent,''; and
       (B) in paragraph (2), by striking ``or agent of the owner'' 
     each place it appears.
       (2) Section 423 of the Plant Protection Act (7 U.S.C. 7733) 
     is amended--
       (A) by striking subsection (b) and inserting the following:
       ``(b) Location of Production.--The attendance of any 
     witness and production of documentary evidence relevant to 
     the inquiry may be required from any place in the United 
     States.'';
       (B) in the third sentence of subsection (e), by inserting 
     ``to an agency other than the Office of Administrative Law 
     Judges'' after ``is delegated''; and
       (C) by striking subsection (f).
       (3) Section 11(h) of the Endangered Species Act of 1973 (16 
     U.S.C. 1540(h)) is amended in the first sentence by striking 
     ``animal quarantine laws (21 U.S.C. 101-105, 111-135b, and 
     612-614)'' and inserting ``animal quarantine laws (as defined 
     in section 2509(f) of the Food, Agriculture, Conservation, 
     and Trade Act of 1990 (21 U.S.C. 136a(f))''.
       (4) Section 18 of the Federal Meat Inspection Act (21 
     U.S.C. 618) is amended by striking ``of the cattle'' and all 
     that follows through ``as herein described'' and inserting 
     ``of the carcasses and products of cattle, sheep, swine, 
     goats, horses, mules, and other equines''.
       (5) Section 2509 of the Food, Agriculture, Conservation, 
     and Trade Act of 1990 (21 U.S.C. 136a) is amended--
       (A) in subsection (c), by inserting after paragraph (1) the 
     following:
       ``(2) Veterinary diagnostics.--The Secretary may prescribe 
     and collect fees to recover the costs of carrying out the 
     provisions of the Animal Health Protection Act that relate to 
     veterinary diagnostics.''; and
       (B) in subsection (f)(1), by striking subparagraphs (B) 
     through (O) and inserting the following:
       ``(B) section 9 of the Act of August 30, 1890 (21 U.S.C. 
     101);
       ``(C) the Animal Health Protection Act; or
       ``(D) any other Act administered by the Secretary relating 
     to plant or animal diseases or pests.''.
       (c) Effect on Regulations.--A regulation issued under a 
     provision of law repealed by subsection (a) shall remain in 
     effect until the Secretary issues a regulation under section 
     16 that supersedes the earlier regulation.
                                 ______
                                 
      By Mr. WELLSTONE (for himself and Mrs. Murray):
  S. 1483. A bill to amend Family Violence Prevention and Services Act 
to reduce the impact of domestic violence, sexual assault, and stalking 
on the lives of youth and children and provide appropriate services for 
children and youth experiencing or exposed to domestic violence, sexual 
assault, or stalking; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. WELLSTONE. Mr. President, I am introducing legislation today, 
with Senator Murray, that would address one of the most challenging and 
tragic crimes in our society. This bill is the Children Who Witness 
Domestic Violence Act. It is a comprehensive first step towards 
confronting the impact of domestic violence on children. This bill 
addresses the issue from multiple perspectives by providing funds for 
several key programs.
  The bill would support multi-system interventions for children who 
witness domestic violence by providing nonprofit agencies with funding 
to bring various service providers together to design and implement 
intervention programs for children who witness domestic violence. These 
working partnerships would take advantage of local resources such as 
counselors, courts, schools, health care providers and battered women's 
programs to best address the needs of children in violent homes.
  The bill would also create opportunities for domestic violence 
community agencies and elementary and secondary schools to work 
together to address the needs of children who witness and experience 
domestic violence. For example, domestic violence agencies could work 
with schools to provide domestic violence training to school officials 
and to students so they can make appropriate referrals and can 
understand how witnessing domestic violence impacts children's behavior 
and achievement. The groups could provide anger management and other 
educational programming to students so they can learn about and deal 
with the problem as they experience it.
  The bill would also provide training to child welfare, and where 
appropriate, to court and law enforcement personnel to assist them in 
recognizing and treating domestic violence as a serious problem 
threatening the safety and well being to both children and adults. 
Training would include teaching staff to recognize the overlap between 
child abuse and domestic violence and to better identify the presence 
of domestic violence in child welfare cases. Staff would also be taught 
how to increase the safety and well-being of child witnesses of 
domestic violence as well as the safety of the non-abusing parent so 
that children can stay with their non-abusing parent when it is safe to 
do so.
  The bill would provide funds to shelters so they can run programs to 
address the physical, emotional and logistical needs of children who 
stay there. The bill also would give funds to States to assist private 
and public agencies and organizations in expanding crisis nurseries--
temporary respite care for children who are at risk of abuse in their 
homes. Such nurseries have proven effective in preventing child abuse 
and in keeping families together in a safe way, when possible.
  Finally, the bill would fund comprehensive research to investigate 
the link between domestic violence and child abuse, the link between 
childhood exposure to domestic violence and violent behavior in youth 
and adults, and other key issues that can provide insight into 
appropriate remedies for this devastating problem.
  Mr. President, I introduce this legislation today, because, as I have 
said before, nowhere is violence more isolated from view, more 
difficult to combat and more far reaching in its impact than violence 
in the home. To turn a blind eye to the suffering of the victims of 
domestic violence and their children is to be, however unwittingly, 
complicitous in the crime because it is out of sight and behind closed 
doors that domestic violence thrives.
  This bill reflects the fact that the effects of domestic violence 
extend far beyond the moment when violence occurs. One of the most 
compelling marks that violence against women leaves is on our children. 
I am reminded of the voice of Quinese Robinson, a teenager from 
Minneapolis, who just last year, came home to find that her mother's 
husband had brutally murdered her mother. Quinese simply said, ``My Mom 
is the most important person in our life. When he killed her, he 
basically killed all four of us, because we do not have a mother.''
  This is one story among millions. It is estimated that as many as 10 
million children witness violence in the home each year, and much of 
this violence is repetitive. As many as 70 percent of children who 
witness domestic violence are also victims of child abuse. If we are 
serious about helping children and reducing youth violence, we cannot 
ignore the impact of domestic violence on children.
  Studies indicate that children who witness their fathers beating 
their mothers suffer emotional problems, including slowed development, 
sleep disturbances, and feelings of hopelessness, depression, and 
anxiety. Many of these children exhibit more aggressive, anti-social, 
and fearful behaviors. They also show lower social competence that 
other children.
  Children in homes where their mothers were abused have also shown 
less skill in understanding how others feel when compared to children 
from non-violent households. Even one episode of violence can produce 
post-traumatic stress disorder in children. Children who witness 
domestic violence are at higher risk of suicide.
  Jeffrey Edleson and others at the Minnesota Center Against Violence 
and

[[Page S10065]]

Abuse at the University of Minnesota collected multiple studies on the 
devastating results of this trauma. The examples are painful, but they 
deserve telling. One 4 year old girl named Julie witnessed her father 
stab her mother to death. In describing the event, Julie consistently 
placed her father at the scene of the crime and recounted her father's 
efforts to clean up after the crime. She could not describe her 
father's actions but when the district attorney saw Julie stabbing a 
pillow and crying ``Daddy pushed Mommy down,'' he was sure that the 
father had committed the crime.
  A child who was being treated at San Francisco General Hospital saw 
his father cut his mother's throat. For a period of time after the 
crime, the child could not speak.
  Not surprisingly, Edleson found that children growing up in violent 
families are more likely to engage in youth violence and that the 
social and economic risk factors for youth violence correspond to the 
risk factors for domestic violence and child abuse.
  The Office of Juvenile Justice and Delinquency Prevention at the U.S. 
Dept. of Justice identifies family violence as a major risk factor in 
the lives of serious, violent and chronic juvenile offenders. It is 
estimated that as many as 40 percent of violent juvenile offenders come 
from homes where there is domestic violence.
  In addition to increasing violence, witnessing domestic violence 
directly hinders school achievement. Child witnesses have higher 
incidences of impaired concentration, poor school attendance, being 
labeled an underachiever, and difficulties in cognitive and academic 
functioning.
  As this overwhelming research indicates, domestic violence and 
violence against women permeate our entire society. People who try to 
keep family violence quiet and hidden behind the walls of the home 
ignore its tragic echoes in the hearts and minds of our children, in 
our schools, on the streets and in our human relationships.
  In the face of this devastating situation, I call on my colleagues to 
say to these child witnesses around the country, that they will not 
suffer in silence, for that is what their abusers want them to do. 
Their cries will not be muffled behind closed doors and by the fear 
inflicted by abusive parents. We need to provide these children with a 
way out of violence and a way to deal with the pain of violence.
  This bill represents a modest step to address this devastating 
problem. I urge my colleagues, in the names of all of these children, 
to support this critical legislation.
                                 ______
                                 
      By Mr. McCONNELL:
  S. 1484. A bill to prevent fraud in the solicitation of charitable 
contributions, and for other purposes; to the Committee on the 
Judiciary.
  Mr. McCONNELL. Mr. President, the Nation's armies of compassion have 
rallied in response to the events of September 11 and thus far have 
contributed more than $676 million to our Nation's charities. But this 
largess have proven an irresistible target to criminals who prey upon 
the generous and good-hearted nature of Americans in this time of 
national emergency. We heard reports of false charities exploiting 
well-intentioned Americans during the Gulf War and after the Oklahoma 
City bombing and we now hear similar reports that the September 11 
attacks have given these unusually heartless criminals new 
opportunities to perpetrate fraud.
  Almost daily we hear of American citizens receiving solicitations 
from phony charities. News reports from more than a dozen States, from 
New York to Florida to California, reveal that Americans are being 
asked to contribute to what turn our to be bogus victim funds, phony 
firefighter funds and questionable charitable organizations. The 
fraudulent solicitation of charitable contributions is a problem all 
across our Nation.
  Well-meaning Americans unwittingly contribute an estimated $1.5 
billion per year in contributions to fraudulent charities. This $1.5 
billion is intended to feed rescue workers, shelter the homeless, and 
care for those who have lost loved ones. Instead, this money is 
siphoned into the pockets of cold-hearted criminals. In the wake of the 
September 11 attacks, the amount of misappropriated contributions will 
surely increase. The Better Business Bureau reports that inquiries from 
consumers about dubious fund-raising practices have increased 
approximately 40 percent since September 11. Unfortunately, these 
criminals frequently prey upon our Nation's seniors, whose fervent 
patriotism and generous hearts can make them easy marks for a grifter's 
scam.
  These crooks often try to confuse their victims by using names that 
sound like reputable charities and relief efforts. For example, some 
scam artists ask for donations to the Red Cross of America or the 
Armenian Red Cross, not the legitimate relief organization known the 
world over as the American Red Cross. Other crooks use the name 
``firefighter fund'' or ``victim's survivors fund'' in their fraudulent 
appeals.
  While an informed donor is the first line of defense against sham 
solicitors, there also are steps Congress should take in addressing 
this problem. Current Federal law targets fraudulent solicitations and 
telemarketing scams related to the sale of products and services and 
sweepstakes and contests, but does not specifically cover the 
fraudulent solicitation of charitable contributions. That is why I rise 
today to offer legislation, the Crimes Against Charitable Americans 
Act, which would authorize law enforcement and regulatory agencies to 
specifically target these fraudulent solicitation.
  My bill, the Crimes Against Charitable Americans Act, strengthens 
Federal law by first, making it a Federal crime to fraudulent solicit 
charitable contributions or donations. This crime would be punishable 
by a fine and imprisonment for 5 years, or both, and those convicted 
would be ordered to provide restitution to their victims. Second, my 
bill increases the penalty from 1 year to 5 years for those convicted 
of impersonating members or agents of the Red Cross in order to solicit 
contributions. Third, my bill directs the Federal Trade Commission, the 
Federal agency with primary enforcement against consumer fraud, to 
include charitable solicitations within its definition of telemarketing 
and to promulgate rules designed to end such fraudulent practices. 
These FTC regulations also give local and state officials the authority 
to persecute violators, which will increase the possibility that scam 
artists will be caught and punished. Finally, this legislation broadens 
the definition of telemarketing in federal law to include charitable 
solicitations and provides for up to a 10-year sentence enhancement for 
anyone who fraudulently solicits charitable contributions in connection 
with the commission of other Federal crimes. This maximum sentence 
enhancement of 10 years is reserved for those criminals who target our 
generous seniors with fraudulent appeals for money.
  There are more than half-a-million federally recognized charities in 
America that raised more than $200 billion in contributions last year. 
Those who seek to profit from tragedy, especially the events of 
September 11, deserve a special degree of society's scorn and a special 
punishment under federal law. Not only do they steal valuable resources 
from the most worthy of recipients, but they erode the trust of the 
American people in legitimate charitable organizations. America is a 
generous and compassionate Nation and we must preserve the integrity of 
our charities and their ability to help others. The Senate can protect 
the noble work of our Nation's charities by passing the Crimes Against 
Charitable Americans Act.
  I ask unanimous consent that the text of the bill, a letter of 
endorsement from the Bluegrass Area Chapter of the American Red Cross, 
and information sheets from the Federal Trade Commission and the AARP 
about fraud and charitable donations be printed in the Record.
  There being no objection, the bill and the additional material were 
ordered to be printed in the Record, as follows:

                                S. 1484

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Crimes Against Charitable 
     Americans Act of 2001''.

     SEC. 2. FRAUD AND FALSE STATEMENTS.

       Chapter 47 of title 18, United States Code, is amended by 
     adding at the end the following:

[[Page S10066]]

     ``Sec. 1037. Fraud and related activity in the solicitation 
       of charitable contributions

       ``(a) Offense.--It shall be unlawful for any person to 
     knowingly and fraudulently solicit, cause to be solicited, or 
     receive contributions, donations, or gifts of money or any 
     other thing of value--
       ``(1) for an alleged charitable or beneficial organization, 
     or an alleged charitable or beneficial purpose; and
       ``(2) in connection with a disaster or emergency which has 
     been officially designated a Federal disaster or Federal 
     emergency by the President or any other appropriate Federal 
     official.
       ``(b) Penalty.--A person who is convicted of an offense 
     under subsection (a)--
       ``(1) shall be fined under this title or imprisoned for not 
     less than 5 years, or both; and
       ``(2) shall be ordered by the court to pay restitution to 
     any victim, and may be ordered to pay restitution to others, 
     who sustained losses as a result of fraudulent activity of 
     the offender under subsection (a).''.

     SEC. 3. TELEMARKETING AND CONSUMER FRAUD ABUSE.

       The Telemarketing and Consumer Fraud and Abuse Prevention 
     Act (15 U.S.C. 6101 et seq.) is amended--
       (1) in section 3(a)(2), by inserting after ``practices'' 
     the second place it appears the following: ``which shall 
     include fraudulent charitable solicitations, and'';
       (2) in section 3(a)(3)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) a requirement that any person engaged in 
     telemarketing for the solicitation of charitable 
     contributions, donations, or gifts of money or any other 
     thing of value, shall promptly and clearly disclose to the 
     person receiving the call that the purpose of the call is to 
     solicit charitable contributions, donations, or gifts, and 
     make such other disclosures as the Commission considers 
     appropriate, including the name and mailing address of the 
     charitable organization on behalf of which the solicitation 
     is made.''; and
       (3) in section 7(4), by inserting ``, or a charitable 
     contribution, donation, or gift of money or any other thing 
     of value,'' after ``services''.

     SEC. 4. RED CROSS MEMBERS OR AGENTS.

       Section 917 of title 18, United States Code, is amended by 
     striking ``one year'' and inserting ``5 years''.

     SEC. 5. TELEMARKETING FRAUD.

       Section 2325(1) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the comma at the end 
     and inserting ``; or'';
       (3) by inserting after subparagraph (B) the following:
       ``(C) a charitable contribution, donation, or gift of money 
     or any other thing of value,''; and
       (4) in the flush language, by inserting ``or charitable 
     contributor, or donor'' after ``participant''.
                                  ____



                                           American Red Cross,

                                   Lexington, KY, October 2, 2001.
     Hon. Mitch McConnell,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator McConnell, I have reviewed your proposed Crime 
     Against Charitable Americans Act of 2001 and on behalf of the 
     Bluegrass Area Chapter of the American Red Cross fully 
     endorse your efforts.
       Whether handling donated funds or fees for products and 
     services, upholding the public's trust is critically 
     important to the Red Cross. The Red Cross is committed to 
     high standards of financial stewardship and those who 
     fraudulently solicit charitable contributions or donations 
     erode the basic foundations of our organization.
       I commend you for stepping forward in this effort to stop 
     those who breed on opportunities of national disaster for 
     personal gain. If I can be of assistance in promoting this 
     act, let me know.
           Sincerely,
                                                      Paul B. Hay,
     Executive Director.
                                  ____


 Helping Victims of the Terrorist Attacks: Your Guide to Giving Wisely

       In the wake of the September 11 terrorist attacks on the 
     World Trade Center and the Pentagon, Americans are opening 
     their hearts and wallets to help the nation recover. If 
     you're thinking about donating to the cause, here are some 
     tips to help you give wisely:
       Donate to recognized charities you have given to before. 
     Watch out for similar sounding names. Some phony charities 
     use names that sound or look for those of respected, 
     legitimate organizations.
       Give directly to the charity, not solicitors for the 
     charity. That's because solicitors take a portion of the 
     proceeds to cover their costs. That leaves less for the 
     victims.
       Do not give out personal or financial information--
     including your Social Security number or credit card and bank 
     accounts numbers--to anyone who solicits a contribution from 
     you. Scam artists use this information to commit fraud 
     against you.
       Check out charities. Contact the Better Business Bureau's 
     Wise Giving Alliance: 4200 Wilson Blvd, Suite 800, Arlington, 
     VA 22203; (703) 276-0100; www.give.org.
 Don't give cash. For security and tax record purposes, pay 
     by check. Write the official name of the charity on your 
     check. Or you can contribute safety online through 
     www.libertyunites.org.
 Ask for identification if you're approached in person. Many 
     states require paid fund-raisers to identify themselves as 
     such and to name the charity for which they're soliciting.
       To report a fraud, contact the Federal Trade Commission 
     toll-free: 1-877-FTC-HELP (1-877-382-4357) or use the 
     complaint form at www.ftc.gov. The FTC works for the consumer 
     to prevent fraudulent, deceptive and unfair business 
     practices in the marketplace and to provide information to 
     help consumers spot, stop and avoid them. The FTC enters 
     Internet, telemarketing, identify theft and other fraud 
     related complaints into Consumer Sentinel, a secure, online 
     database available to hundreds of civil and criminal law 
     enforcement agencies in the U.S. and abroad.
                                  ____


                 [From AARP Bulletin Online, Oct. 2001]

               Tragedy Can be Opportunity for Con Artists

       Be very cautious of anyone soliciting money to help 
     rescuers and victims of the recent tragic events in New York 
     and Washington, D.C. The U.S. Postal Inspection Service, and 
     other law enforcement agencies, are warning people about 
     phone calls, e-mails or any other attempts to obtain 
     donations.
       Shortly after the tragedy, con artists claiming to 
     represent victims, firefighters, law enforcement or charities 
     were asking for money. If you want to donate, contact 
     legitimate charities yourself rather than responding to 
     requests.
       Older consumers report that, on average, they get more than 
     six calls or letters seeking charitable donations every week. 
     That's more than 300 calls or letters every year. More than 
     two-thirds of older consumers are not confident that unknown 
     callers ``really represent the organization they say they 
     do.'' [For more information, visit the AARP website's 
     Telemarketing Fraud section.]


                       tips for charitable giving

       Before you give, get more information:
       Ask the charity's full name, address and telephone number.
       Ask how much of your donation goes to the program that the 
     request describes--and how much goes to administrative costs.
       Call your state Attorney General or Secretary of State's 
     office to see if the charity is registered.
       Depending on your state, charities must file financial and 
     other disclosure statements; get copies, and review them.
       Don't provide your credit-card number or personal 
     information to telephone or e-mail solicitors.


                    be sure you know who is calling

       If a fundraiser calls, call the charity directly to ask if 
     it is really sponsoring a fundraising drive.
       Also beware of phony charity names that sound similar to 
     legitimate organizations. Don't assume that you know a group 
     because the name or symbols seem familiar.


                    protect your charitable dollars

       To ensure that your contributions actually benefit those in 
     need, follow these guidelines:
       Pay with a check or money order made out to the charity--
     not the fundraiser itself.
       Don't give money at the door to a courier or messenger--nor 
     by leaving a check under the doormat. Send your contribution 
     directly to the charity.
       Don't feel pressured to make a donation on the spot. There 
     will be plenty of opportunities to contribute in the future.
       Keep records of your donations and pledges, and check your 
     records if someone says you made a pledge that you don't 
     recall.
       Know the difference between tax deductible and tax exempt. 
     Donations to tax-exempt organizations are not necessarily tax 
     deductible for you. If your donation is tax deductible, get a 
     receipt.


                             online giving

       The AARP Bulletin is providing links to some of the 
     legitimate charities collecting money to help the victims of 
     the September 11 tragedies.
       The following Web sites can provide additional information 
     on charitable giving and charity fraud.
       Federal Trade Commission: If you suspect charity fraud, you 
     can file a report online with the Federal Trade Commission. 
     http://www.ftc.gov/.
       Better Business Bureau: The Better Business Bureau has much 
     advice on charitable giving, including donating used cars and 
     tax deductibility issues. http://www.give.org/tips/index.asp.
       Wise Giving Alliance: Want to check out national charities? 
     This site has reports on hundreds of charities, how much of 
     the money raised goes to administrative or fund raising 
     costs, contact information and charitable missions. http://
www.give.org.

 ____________________