[Congressional Record Volume 149, Number 124 (Wednesday, September 10, 2003)]
[Senate]
[Pages S11351-S11353]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SPECTER:
  S. 1604. A bill to increase criminal penalties relating to terrorist 
murders, deny Federal benefits to terrorists, and for other purposes; 
to the Committee on the Judiciary.
  Mr. SPECTER. Mr. President, 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. 1604

       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 ``Terrorist Penalties 
     Enhancement Act of 2003''.

     SEC. 2. PENALTIES FOR TERRORIST MURDERS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2339D. Terrorist offenses resulting in death

       ``(a) Penalty.--A person who, in the course of committing a 
     terrorist offense, engages in conduct that results in the 
     death of a person, shall be punished by death or imprisoned 
     for any term of years or for life.
       ``(b) Terrorist Offense Defined.--In this section, the term 
     `terrorist offense' means--
       ``(1) international or domestic terrorism as defined in 
     section 2331;
       ``(2) a Federal crime of terrorism as defined in section 
     2332b(g);
       ``(3) an offense under this chapter;
       ``(4) section 175, 175b, 229, or 831 of this title;
       ``(5) section 236 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2284); or
       ``(6) an attempt or conspiracy to commit an offense 
     described in paragraph (1), (2), (3), (4), or (5).''.
       (b) Chapter Analysis.--The chapter analysis of chapter 113B 
     of title 18, United States Code, is amended by inserting at 
     the end the following:

``2339D. Terrorist offenses resulting in death.''.
       (c) Aggravating Factors.--
       (1) In general.--Section 3591(a)(1) of title 18, United 
     States Code, is amended by striking ``or section 2381'' and 
     inserting ``2339D, or 2381''.
       (2) Conforming amendment.--Section 3592(b) of title 18, 
     United States Code, is amended--
       (A) in the heading, by striking ``and treason'' and 
     inserting ``, treason, and terrorism''; and
       (B) in paragraph (1)--
       (i) in the heading, by striking ``or treason'' and 
     inserting ``, treason, or terrorism''; and
       (ii) by striking ``or treason'' and inserting ``, treason, 
     or terrorism''.

     SEC. 3. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2339E. Denial of Federal benefits to terrorists

       ``(a) In General.--Any individual who is convicted of a 
     Federal crime of terrorism (as defined in section 2332b(g)) 
     shall, as provided by the court on motion of the Government, 
     be ineligible for any or all Federal benefits for any term of 
     years or for life.
       ``(b) Federal Benefit Defined.--As used in this section, 
     `Federal benefit' has the meaning given that term in section 
     421(d) of the Controlled Substances Act (21 U.S.C. 
     862(d)).''.
       (b) Chapter Analysis.--The chapter analysis of chapter 113B 
     of title 18, United States

[[Page S11352]]

     Code, is amended by inserting at the end the following:

``2339E. Denial of Federal benefits to terrorists.''.
                                 ______
                                 
      By Mr. GRAHAM of Florida (for himself and Mr. Reid):
  S. 1605. A bill to authorize major medical facility projects for the 
Department of Veterans Affairs in connection with the Capital Asset 
Realignment for Enhanced Services initiative and to satisfy Department 
of Veterans Affairs requirements on natural disasters, and for other 
purposes; to the Committee on Veterans' Affairs.

  Mr. GRAHAM. Mr. President, I rise today to introduce legislation that 
would authorize the construction of new veterans' hospitals in east-
central Florida and Las Vegas, NV. In addition, the legislation would 
enable the Department of Veterans Affairs, VA, Medical Center in San 
Juan, Puerto Rico, to sustain operations in the event of a natural 
disaster, such as an earthquake.
  For years now, VA has been under a sort of moratorium for new 
construction projects. This was due to the capital asset realignment 
for enhanced services, CARES, process, which is designed to examine 
VA's infrastructure and try to realign it to better meet the projected 
needs of veterans. Many here in Congress were understandably reluctant 
to invest any valuable dollars in a facility that may ultimately be 
slated for downsizing.
  However, the CARES process is now nearing its end. The CARES 
Commission is in the process of reviewing the national draft plan 
developed by the Under Secretary for Health, and Commissioners will 
make their recommendations to the Secretary by the end of November. The 
Secretary will then make his final decisions on what plans will be 
implemented by the end of the year.
  Included in the national draft plan were two major construction 
initiatives: a new hospital and clinic in Las Vegas, NV, and a new 
facility in east-central Florida. In light of the fact that these two 
projects are the only new hospitals included in the draft plan, and 
that the great need in both of these areas has been well documented, 
the sooner we can get these facilities up and running, the better.
  Veterans living in east-central Florida are in dire need of a full-
fledged VA hospital. One VA report found that since 1996, ``the Central 
Florida market sustained the greatest workload expansion of the entire 
VA system--105 percent.'' Other VA studies have deemed Orlando as ``the 
logical choice for infrastructure investment for all major Inpatient 
and Outpatient categories.'' The decision about where to place a new VA 
hospital in this region falls to VA, but I encourage Secretary Principi 
to carefully study all the options to ensure that the most appropriate 
location is chosen.
  Las Vegas, in Clark County, NV, was recognized by VA as, `` . . . one 
of the fastest growing markets in the U.S.'' VA also acknowledges that 
there is a gap in long-term care accessibility in this area, and that 
contracting in the community is not a viable option as there are 
quality of care issues with the region's private sector facilities. Why 
should we wait to authorize projects whose necessity is broadly 
recognized by veterans and VA alike?
  This legislation would also authorize $30 million for the San Juan VA 
Medical Center to undertake much needed upgrading in order to ensure 
that patient safety is not unnecessarily jeopardized in the event of an 
earthquake. The money would be used to bring the facility in line with 
the CD-54 natural disasters directive, enabling vital services to 
continue to be provided for 7 to 10 days after a disaster. Services 
that would be reinforced by this project are primarily utilities, which 
in some cases provide lifesaving support to patients.
  In 1991, the San Juan VA Medical Center was deemed seismically 
unsound, and other structural deficiencies were uncovered as well. 
Although the Carribean is not normally thought of as a seismic ``hot 
spot,'' the islands are mountainous and severe earthquakes do occur 
there every few decades. The supposed unlikelihood of such an event is 
no reason to not have contingency operations should something actually 
occur. Patient safety is not something that can be gambled with in this 
manner. It is important that we supply the San Juan VA Medical Center 
with the additional resources it needs to make sure that no patient has 
to go without life support in the event of a natural disaster. I was 
disappointed that the San Juan upgrading project was not included in 
VA's draft plan, but regardless, I do believe we have an obligation to 
make these needed repairs.
  Finally, I would like to recognize the efforts of my friend Senator 
Reid in this initiative, who is also facing a rapidly growing veteran 
population in his home State of Nevada. Additionally, I want to thank 
Representative Corrine Brown of the Orlando area, Representative 
Shelley Berkley of Las Vegas, and Representative Anibal Acevedo-Vila of 
Puerto Rico, who have all been very helpful in developing a companion 
bill in the House.
  I urge my colleagues to join us in this effort for our Nation's 
veterans.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1605

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

     SECTION 1. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility projects, with each project 
     to be carried out in an amount not to exceed the amount 
     specified for that project:
       (1) Construction of a health care facility at a location in 
     East Central Florida selected by the Secretary, as part of 
     the Capital Asset Realignment for Enhanced Services (CARES) 
     initiative, $170,000,000.
       (2) Improvements of the Department of Veterans Affairs 
     Medical Center in San Juan, Puerto Rico, in order to bring 
     that facility into compliance with the CD-54 Natural 
     Disasters Directive, $30,000,000.
       (3) Construction of a health care facility in Las Vegas, 
     Nevada, as part of the Capital Asset Realignment for Enhanced 
     Services initiative, $250,000,000.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     for the Secretary of Veterans Affairs for fiscal year 2004 
     for the Construction, Major Projects, account, a total of 
     $450,000,000 for the projects authorized in section 1.
       (b) Limitation.--The projects authorized in section 1 may 
     only be carried out using--
       (1) funds appropriated for fiscal year 2004 pursuant to the 
     authorization of appropriations in subsection (a);
       (2) funds appropriated for Construction, Major Projects, 
     for a fiscal year before fiscal year 2004 that remain 
     available for obligation; and
       (3) funds appropriated for Construction, Major Projects, 
     for fiscal year 2004 for a category of activity not specific 
     to a project.
                                  ____

  Mr. REID. Mr. President, I join with my colleague, Senator Graham of 
Florida, to introduce legislation that authorizes funding for a new 
veterans' hospital, outpatient clinic and senior center in Southern 
Nevada. Nevada is now the third most popular retirement State in the 
Nation. And many of the retirees who make their homes in Nevada are 
veterans who served our country with courage and honor.
  More than 240,000 veterans live in Nevada, and more than one-third of 
Nevada's residents over age 65 have worn the uniform of the United 
States. Veterans are the cornerstone of our economy. They are also our 
neighbors, our family members and our friends.
  As we welcome these veterans, we must also ensure that they can get 
the services they need--especially medical care. Our veterans put their 
lives on the line for our freedom. They deserve the best health care in 
the world. But we have been struggling to keep up with our fast-growing 
population of veterans.
  Across the Nation, more than 110,000 veterans have waited more than 6 
months for their first medical appointment with the VA. There have been 
some backlogs in booming areas like Las Vegas, which has the highest 
growth rate in the Nation. This new facility should ease some of these 
delays and result in improved care for our veterans.
  I was pleased to learn recently from VA Secretary Anthony Principi 
that he endorsed the building of a new hospital in southern Nevada. 
This bill, which was made possible by the strong leadership of Senator 
Graham of Florida, would authorize $250 million to build this sorely 
needed facility.
  I realize that we have many urgent priorities today, and our 
resources are not unlimited. But this is a matter of national security. 
We have soldiers in

[[Page S11353]]

the desert of Iraq today who volunteered to risk their lives protecting 
our freedom. They willingly put their lives on the line for us. In 
return, we make certain promises to them. One of those promises is that 
they will receive quality health care when they come home. We must keep 
this promise to our troops.
  Right now, I am sorry to say, we are not keeping that promise to the 
Nation's veterans. This bill will help steer us onto the right course, 
and begin to correct that injustice for the veterans in Southern 
Nevada.
  I urge your support of this legislation.
                                 ______
                                 
      By Mr. KYL:
  S. 1606. A bill to strengthen and enhance public safety through 
pretrial detention and postrelease supervision of terrorists, and for 
other purposes; to the Committee on the Judiciary.
  Mr. KYL. Mr. President, I rise today to introduce the ``Pretrial 
Detention and Lifetime Supervision of Terrorists Act of 2003,'' 
legislation that will fill continuing gaps in the laws that our police 
and prosecutors use to protect our Nation from terrorism.
  Under current Federal law, defendants accused of certain crimes--such 
as drug crimes carrying a potential sentence of ten years or more--are 
presumptively denied pretrial release. This provision of current law, 
however, does not apply to terrorists.
  The legislation that I have introduced today would fix this 
oversight, by amending the criminal code to presumptively deny pre-
trial release to persons charged with terrorist activity. The 
presumption would apply to Federal crimes of terrorism, as enumerated 
in the criminal code, if the Attorney General certifies that the 
offense, by its nature and context, appears to be intended to 
intimidate or coerce a civilian population, to influence the policy of 
a government by intimidation or coercion, or to affect the conduct of a 
government by mass destruction, assassination, or kidnapping, or an 
offense involved in or related to domestic or international terrorism.
  Extending the presumption in current law to terrorist offenses is 
justified by the unparalleled magnitude of the threat posed to our 
Nation by acts of terrorism. Terrorists are at least as much of a 
threat as drug dealers--and should also be subject to a presumption of 
pre-trial detention.
  The bill that I have introduced today also would broaden the list of 
offenses that render a convicted terrorist eligible for lifetime 
supervision subsequent to his release from prison. Currently law allows 
lifetime post-release supervision for terrorist offenses only if they 
result in or create a foreseeable risk of death or serious injury. This 
limitation could prevent the imposition of adequate supervision periods 
for persons convicted of non-violent terrorist offenses, such as a 
computer attack on the United States that results in tens of billions 
of dollars of economic damage. It could also limit supervision for 
persons who provide the essential financial or other material support 
for terrorist acts, but who do not themselves directly engage in 
violent terrorist acts.
  The continuing danger posed to our Nation's security by such persons 
may be no less than that posed by the direct perpetrators of terrorist 
violence. The courts should be afforded the same degree of discretion 
in prescribing postrelease supervision for these terrorists as for 
others.
  For this reason, the bill introduced today eliminates the 
foreseeable-risk-of-injury requirement and allows lifetime supervision 
for all offenses in the standard list of crimes likely to be committed 
by terrorists and their supporters. This reform reflects the continuing 
danger posed by convicted terrorists after their completion of a term 
of imprisonment. It recognizes that even those terrorists not directly 
involved in the use of violence may continue to harbor a commitment to 
terrorist goals and methods that will not dissipate within a few years 
of release.
  I look forward to the Senate's consideration of these common-sense 
reforms to our Nation's anti-terror laws.
  Mr. President, 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. 1606

       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 ``Pretrial Detention and 
     Lifetime Supervision of Terrorists Act of 2003''.

     SEC. 2. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING 
                   TERRORISM.

       Section 3142 of title 18, United States Code, is amended--
       (1) in the flush language at the end of subsection (e) by--
       (A) striking ``or'' before ``the Maritime''; and
       (B) striking ``or'' before ``2332b''; and
       (C) inserting before the period at the end the following: 
     ``, or an offense listed in section 2332b(g)(5)(B) of title 
     18 of the United States Code, if the Attorney General 
     certifies that the offense appears by its nature or context 
     to be intended to intimidate or coerce a civilian population, 
     to influence the policy of a government by intimidation or 
     coercion, or to affect the conduct of a government by mass 
     destruction, assassination, or kidnaping, or an offense 
     involved in or related to domestic or international terrorism 
     as defined in section 2331 of title 18 of the United States 
     Code''; and
       (2) in subsections (f)(1)(A) and (g)(1), by inserting after 
     ``violence'' the following: ``or an offense listed in section 
     2332b(g)(5)(B) of title 18 of the United States Code, if the 
     Attorney General certifies that the offense appears by its 
     nature or context to be intended to intimidate or coerce a 
     civilian population, to influence the policy of a government 
     by intimidation or coercion, or to affect the conduct of a 
     government by mass destruction, assassination, or kidnaping, 
     or an offense involved in or related to domestic or 
     international terrorism as defined in section 2331 of title 
     18 of the United States Code''.

     SEC. 3. POSTRELEASE SUPERVISION OF TERRORISTS.

       Section 3583(j) of title 18, United States Code, is amended 
     by striking ``, the commission'' and all that follows through 
     ``person,''.

                          ____________________