[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[Senate]
[Pages 15902-15909]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. HUTCHISON (for herself, Mrs. Feinstein, Mr. Hatch, Mrs. 
        Clinton, Mr. Hutchinson, Mrs. Carnahan, Mr. Bennett, Mr. 
        Rockefeller, Mr. Helms, Ms. Landrieu, Mr. Harkin, Ms. Collins, 
        Mr. Kyl, Mr. Durbin, Mr. Edwards, Mr. Dodd, Mr. Crapo, Ms. 
        Snowe, Mr. Allard, Mr. Voinovich, Mr. Nelson of Florida, Mr. 
        Lott, Mr. Biden, Mr. Lugar, Ms. Stabenow, Mr. Sessions, and Mr. 
        Inhofe):
  S. 2896. A bill to enhance the operation of the AMBER Alert 
communications network in order to facilitate the recovery of abducted 
children, to provide for enhanced notification on highways of alerts 
and information on such children, and for other purposes; to the 
Committee on the Judiciary.
  Mrs. HUTCHISON. Madam President, I am introducing today with my 
friend from California, Senator Feinstein, legislation to improve the 
current system of AMBER Alert plans that exist in various States. Our 
legislation recognizes the tremendous job that those involved in AMBER 
alerts are playing and we seek to build on their efforts.
  In 1996, 9-year-old Amber Hagerman of Arlington, Texas was abducted 
and brutally murdered. Her death had such an impact on the community 
that local law enforcement and area broadcasters developed what is now 
known as AMBER Alert, America's Missing: Broadcast Emergency Response. 
An AMBER alert is activated by law enforcement to find a child, when a 
child has been abducted. An Alert triggers highway notification and 
broadcast messages throughout the area where the abduction occurred.
  As we have seen this summer, AMBER plans in different communities 
have worked to bring children home safely. To date, AMBER Alert has 
helped recover 27 children nationwide. Many communities and states have 
outstanding AMBER plans, however, the vast majority of States do not 
yet have comprehensive, statewide coverage and lack the ability to 
effectively communicate between plans. This is a critical issue 
particularly when an abducted child is taken across State lines.
  The bill I am introducing today establishes an AMBER Alert 
Coordinator within the Department of Justice to assist States with 
their AMBER plans. An AMBER Alert Coordinator is needed to address 
situations such as the recent examples of interstate travel with 
abducted children. We have witnessed several successful stories of 
AMBER plans helping to recover a child within a region, however, many 
gaps exist between the various AMBER plans around the country. The 
AMBER Alert Coordinator will facilitate appropriate regional 
coordination of AMBER alerts, particularly with interstate travel 
situations, and will assist states, broadcasters, and law enforcement 
in setting up additional AMBER plans.
  The AMBER Alert Coordinator will set minimum, voluntary standards to 
help states coordinate when necessary. The AMBER Alert Coordinator will 
help to reconcile the different standards for what constitutes an AMBER 
alert. In doing so, the Coordinator will work with existing 
participants, including the National Center for Missing and Exploited 
Children, local and state law enforcement and broadcasters to define 
minimum standards. Overall, the AMBER Alert Coordinator's efforts will 
set safeguards to make sure the AMBER alert system is used to meet its 
intended purpose.
  In addition, the bill provides for a matching grant program. The 
grant program will help localities and states build or further enhance 
their efforts to disseminate AMBER alerts. To this end, the matching 
grant program will fund road signage and electronic message boards 
along highways, dissemination of information on abducted children, 
education and training, and related equipment.
  Our bill has the strong support of the National Center of Missing and 
Exploited Children and the National Association of Broadcasters, who 
play essential roles in the AMBER Alert system. I urge the Senate to 
act expeditiously on this legislation to further protect America's 
children.
  Mrs. FEINSTEIN. Mr. President, today, I am pleased to join Senator 
Hutchison in introducing legislation that will save children's lives by 
expanding the existing AMBER Alert program nationwide.
  AMBER Alerts are official bulletins broadcast over the airwaves to 
enlist the public's help in tracking down abducted children facing 
imminent danger from their kidnappers.
  The power of the AMBER alert can be seen in the recent kidnapping of 
Tamara Brooks and Jacqueline Marris.
  On August 1, 2002, twenty-four hours after the State of California 
launched its statewide AMBER Alert program, Tamara Brooks, 16, and 
Jacqueline Marris, 17, were abducted from their vehicles at gunpoint in 
Lancaster, CA.
  Shortly thereafter, the California Highway Patrol issued an AMBER 
Alert on the girls disappearance.
  Within the next few hours, concerned members of the community called 
into CHP hotlines, delivering a flurry of crucial tips that helped 
locate the suspect.
  A driver on state Highway 178 spotted the abductor's stolen white 
bronco in Walker Pass, approximately 70 miles east of Bakersfield.
  Two hours later, a CalTrans worker spotted the suspect on Highway 
178, and,
  A Kern County animal control officer spotted the Bronco on a local 
dirt road.

[[Page 15903]]

  Based on these tips, sheriff's deputies located the girls and their 
abductor, Roy Ratliff, in a vehicle in a dry riverbed, just 12 hours 
after the abduction.
  Ratliff was killed during an exchange of gunfire with sheriff's 
deputies, and the girls were returned home safely.
  The AMBER Alert system and the effective work of the Kern County 
Sheriff's Department may be the only reasons those girls are alive 
today.
  Children abducted in States without an AMBER Alert system, however, 
may not have been so fortunate.
  That is why we are introducing this legislation, to spur the 
development of State and local AMBER plans across the country so we can 
increase the chances that children abducted by strangers can be 
returned home safely.
  Each year, more than 58,000 children in the United States are 
abducted by non-family members, often in connection with another crime.
  In the most dangerous type of child abduction, stranger abduction, 
fully 40 percent of children are murdered.
  Speed is crucial to any effective law enforcement response to these 
most deadly cases.
  According to a study by the U.S. Department of Justice, 74 percent of 
children who were abducted, and later found murdered, were killed 
within three hours of being taken.
  AMBER Alerts are a proven weapon in the fight against stranger 
abductions, especially in those cases where an abducted child is facing 
an imminent threat of harm.
  The program is named after nine-year-old Amber Hagerman who was 
kidnapped and murdered in Arlington, TX in 1996.
  The power of the AMBER alert system is that an alert can be issued 
within minutes of an abduction, disseminating key information of the 
crime to the community at large.
  Nationally, since 1996, the AMBER Alert has been credited with the 
safe return of 29 children to their families, including one case in 
which an abductor reportedly released the child after hearing the alert 
himself.
  These are 29 families who didn't have to suffer the pain of losing a 
loved one. Twenty-nine families who didn't have to bury a child.
  Since the State of California first adopted AMBER alerts a month ago, 
the State has issued 13 AMBER alerts. Each of the AMBER Alerts 
concluded with the missing child being united with their families.
  Eight of these alerts involved stranger abductions. Four involved 
family members, and one case is considered a false alarm.
  I would like to describe two of these cases: the rescue of four-year-
old Jessica Cortez from Los Angeles and 10-year-old Nichole Timmons 
from Riverside.
  Jessica disappeared from Echo Park in Los Angeles on August 11, 2002.
  But when Jessica's abductor took her to a clinic for medical care, 
receptionist Denise Leon recognized Jessica from the AMBER Alert and 
notified law enforcement.
  Without the publicity generated by the alert, Jessica could have been 
lost to her parents forever.
  Nichole Timmons was kidnapped from her Riverside home on August 20.
  In Nichole's case, an Alert was issued not just in California, but in 
Nevada as well.
  A tribal police officer in Nevada spotted the truck of Nichole's 
abductor and stopped him within 24 hours of the abduction.
  He was found with duct tape and a metal pipe.
  The AMBER Alert enabled Nichole to return home safely to her parents.
  The legislation we are introducing today is simple, yet very 
important.
  First, it would establish a national coordinator for AMBER Alerts in 
the Department of Justice to expand the network of AMBER Alert systems 
and to coordinate the issuance of region-wide AMBER Alerts.
  We need regional coordination of AMBER Alert because, as we saw in 
the case of Nichole Timmons, abductors of children may cross State 
lines as they flee crime scenes.
  Second, the bill would establish grant programs in the Department of 
Justice and the Department of Transportation to provide for the 
development of AMBER Alert systems, electronic message boards, and 
training and education programs in states that do not have AMBER 
Alerts.
  To date, AMBER Alert systems exist in only 15 States and 32 local and 
regional jurisdictions. This bill would help the expansion of AMBER 
Alerts to new jurisdictions.
  Third, the bill directs the Department of Justice to establish 
minimum standards for the coordination of AMBER alerts between 
jurisdictions.
  Minimum standards are needed because many of the existing AMBER plans 
have slightly different standards for an AMBER Alert, such as when to 
issue an alert.
  Without a common standard, sharing AMBER Alerts between states will 
be difficult.
  I would also like to stress what the bill does not do.
  It is the specific intent of this bill not to interfere with the 
operation of the 50 State and local AMBER plans that are working so 
well.
  Participation in regional AMBER plans is only voluntary, and any plan 
that wishes to go it alone may still do so.
  The bill also does not change the very strict criteria of the AMBER 
Alert.
  AMBER Alerts are successful because they are issued rarely, and only 
when strict criteria are met.
  A typical AMBER Alert is only issued when a law enforcement agency 
confirms that a stranger abduction has occurred, the child is in 
imminent danger, and there is information available that, if 
disseminated to the public could assist in the safe recovery of the 
child.
  The effectiveness of the system depends on the continued judicious 
use of the alert so that the public does not grow to ignore the 
warnings.
  This bill is carefully designed to preserve the Alert's ongoing 
effectiveness.
  In sum, through this legislation, we can extend to every corner of 
the nation a network of AMBER Alerts that will protect our children.
  If we can set up a program that will increase the odds that an 
abducted child can return to his or her family safely, then I believe 
the program will be well worth it.
  We know the AMBER Alert system works. We know that every community in 
America should have access to it.
  Mr. HATCH. Mr. President, I am proud to join with Senators Kay Bailey 
Hutchison and Diane Feinstein in introducing the ``National AMBER Alert 
Network Act of 2002'' which will extend the AMBER Alert (America's 
Missing: Broadcast Emergency Response) system across our Nation. The 
recent wave of child abductions across our Nation, including the 
kidnaping of Elizabeth Smart in my own home state of Utah, has 
highlighted the need for legislation to enhance our ability to protect 
our Nation's children against predators of all types.
  When a child is abducted, time is of the essence. All too often it is 
only a matter of hours before a kidnaper commits an act of violence 
against the child. Alert systems, such as the AMBER Alert system, 
galvanize entire communities to assist law enforcement in the timely 
search for and safe return of child victims.
  The AMBER Alert system was developed in 1996 in Texas after 9-year-
old Amber Hagerman was kidnaped. To date, the system has been credited 
with the recovery of 27 missing children. Nonetheless, only 16 States 
have adopted statewide AMBER Alert systems. Just this year, my home 
State of Utah adopted a statewide alert program aimed at preventing 
child abduction called ``Rachel Alert.'' The program was named after 
young Rachel Runyan who was abducted and later found murdered.
  We recently witnessed the success of the AMBER Alert system in 
California. There the AMBER system was used to broadcast the 
disappearance of Nichole Timmons who was safely recovered in the 
neighboring state of Nevada after she was recognized. In another recent 
California case, the AMBER Alert system was used when Tamera Brooks and 
Jaqueline Marris were kidnapped. Just

[[Page 15904]]

hours after their abduction, and minutes before their possible murder, 
the two young women were found.
  The legislation we introduce today will enhance our ability to 
recover abducted children by establishing a Coordinator within the 
Department of Justice to assist States in developing and coordinating 
alert plans nationwide. The Act also provides for a matching grant 
program through the Department of Justice and the Department of 
Transportation for highway signs, education and training programs, and 
the equipment necessary to facilitate AMBER Alert systems.
  I support the National AMBER Alert Network Act and other legislative 
proposals that will improve our ability on a national level to combat 
crimes against children. For that reason, I will introduce in the 
coming days comprehensive legislation that will enhance existing laws, 
investigative tools, criminal penalties and child crime resources in a 
variety of ways. I believe Congress must do all it can to ensure that 
we devote the same intensity of purpose to crimes committed against 
children, as we do to other serious criminal offenses, such as those 
involving terrorism.
  We have no greater resource than our children. I invite the 
Department of Justice, the Federal Bureau of Investigation and other 
entities and professionals who are charged with protecting our children 
to work with me to improve our Federal laws and to assist States in 
doing the same.
  I commend Senator Hutchison for her tireless efforts on behalf of 
children and families and urge my colleagues to work with us to enact 
this critical legislation which will increase the chances that future 
victims of child predators will be found swiftly and returned home 
safely.
                                 ______
                                 
      By Mr. JEFFORDS:
  S. 2897. A bill to assist in the conservation of marine turtles and 
the nesting habitats of marine turtles in foreign countries; to the 
Committee on Environment and Public Works.
  Mr. JEFFORDS. Mr. President, I rise today to introduce the ``Marine 
Turtle Conservation Act of 2002.''
  Marine turtles were once abundant, but now they are in serious 
trouble. Six of the seven recognized species are listed as threatened 
on endangered under the Endangered Species Act, and all seven species 
have been included in Appendix I of the Convention on International 
Trade in Endangered Species of Wild Flora and Fauna, CITES. Because 
marine turtles are long-lived, late-maturing, and highly migratory, 
they are particularly vulnerable to the impacts of human exploitation 
and habitat loss. In addition, for some species, illegal trade 
seriously threatens wild populations. Because of the immense challenges 
facing marine turtles, the resources available to date have not been 
sufficient to cope with the continued loss of nesting habitat due to 
human activities and the resulting diminution of marine turtle 
populations.
  The Marine Turtle Conservation Act of 2002 is modeled after the 
successful Asian Elephant Conservation Act, the African Elephant 
Conservation Act, and the Rhinoceros and Tiger Conservation Act. These 
acts have established programs within the Department of the Interior to 
assist in the conservation and preservation of these species around the 
world. More than 300 projects have been funded and generated millions 
of dollars in private matching funds from sponsors representing a 
diverse group of conservation organizations. The projects range from 
purchasing anti-poaching equipment for wildlife rangers to implementing 
elephant conservation plans to aerial monitoring of the Northern white 
rhinoceros.
  The Marine Turtle Conservation Act of 2002 will assist in the 
recovery and protection of marine turtles by supporting and providing 
financial resources for projects to conserve nesting habitats of marine 
turtles in foreign countries and marine turtles while they are found in 
such habitats, to prevent illegal trade in marine turtle parts and 
projects, and to address other threats to the survival of marine 
turtles. The bill authorizes $5 million annually to implement the 
program.
  This legislation will help to preserve this ancient and distinctive 
part of the world's biological diversity.
                                 ______
                                 
      By Mr. THURMOND:
  S. 2898. A bill for the relief by Jaya Gulab Tolani and Hitesh Gulab 
Tolani; to the Committee on the Judiciary.
  Mr. THURMOND. Madam President, I rise to introduce a private relief 
bill that would provide permanent legal resident status for Hitesh 
Tolani and his mother, Jaya Tolani, who face voluntary removal from 
this country.
  I feel that the Tolanis' case presents a compelling need for 
legislative action. Hitesh Tolani, who is a scholarship student at 
Wofford College in Spartanburg, SC, came to the United States with his 
mother, Jaya, and father, Gulab, in 1984. When Hitesh arrived in this 
country, he was a toddler. Hitesh has a younger brother, Ravi, who was 
born here and is a United States citizen.
  The Tolanis' efforts to become United States citizens was beset by 
tragedy. Gulab's brother, who served as a sponsor, died during the 
family's efforts to become legal permanent residents. Furthermore, just 
days before Gulab was to interview in New York in hopes of gaining 
legal permanent resident status for himself and his family, he passed 
away. Jaya was left with no way to legalize her or Hitesh's status. In 
the same year in which Gulab died, Jaya was also diagnosed with breast 
cancer. In the midst of these difficulties, Jaya was left with very few 
alternatives.
  When Hitesh learned of his illegal status, he made the decision to 
turn himself into the authorities. After removal proceedings commenced, 
Hitesh and Jaya sought relief in the form of cancellation of removal. 
In order to succeed in this effort, it must be shown that the removal 
would result in ``exceptional and extremely unusual hardship.'' In this 
case, the Immigration court found that the Tolanis' case did not rise 
to this level of hardship. The court came to this conclusion despite 
the fact that Hitesh has lived the vast majority of his life in the 
United States and is in the middle of his college studies. If forced to 
leave the country, Hitesh's studies will be significantly interrupted, 
and he will be required to return to a land that he does not remember. 
Additionally, Hitesh will be placed at a social and educational 
disadvantage because he is not fluent in the Hindi language.
  During this important time in Hitesh's life, he will leave the only 
home that he has ever known. Yet the events surrounding his entry into 
the United States were completely out of his control. Hitesh has done 
nothing but contribute in positive ways to his hometown community of 
Irmo, SC, and the Wofford College community. He has demonstrated 
excellent moral character and has always been a model student.
  Relocation to India would also create extreme hardship for Jaya, who 
is in remission from breast cancer. She would have to abandon her 
clothing store business in South Carolina and return to a land that she 
has not seen for twenty years. She also faces the potential breakup of 
her family due to the status of her youngest son, Ravi, who is a U.S. 
citizen. Ravi would be forced to go to India with the rest of his 
family or face the prospect of foster care. Ravi is not fluent in 
Hindi, but is very proficient in English. Ravi is also an asthmatic who 
must periodically use an inhaler machine. He would be subject to 
unhealthy air quality in Bombay, the city where the Tolanis' closest 
relatives reside and the place where they would settle.
  The Tolani family appealed to the Board of Immigration Appeals, and 
the Immigration Judge's decision was affirmed without comment. The 
family is now appealing to the Eleventh Circuit Court of Appeals, but 
the standard of review is deferential, making this an uphill climb for 
Hitesh and Jaya.
  I have always been a strong proponent of enforcing our Nation's 
immigration laws. However, the Tolanis' case represents one of those 
rare instances where removal would be unjust. The Tolani family, if 
forced to

[[Page 15905]]

leave this country, will face exceptional hardship. Hitesh is a fine 
young man and an outstanding student. Through no fault of his own, he 
faces the prospect of leaving the only home that he has ever known. 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. 2898

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

     SECTION 1. PERMANENT RESIDENCE.

       Notwithstanding any other provision of law, for purposes of 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     Jaya Gulab Tolani and Hitesh Gulab Tolani shall be held and 
     considered to have been lawfully admitted to the United 
     States for permanent residence as of the date of enactment of 
     this Act upon payment of the required visa fees.

     SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS.

       Upon the granting of permanent residence to Jaya Gulab 
     Tolani and Hitesh Gulab Tolani, as provided in section 1, the 
     Secretary of State shall instruct the proper officer to 
     reduce by the appropriate number during the current fiscal 
     year the total number of immigrant visas available to natives 
     of the country of the aliens' birth under section 203(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1153(a)).
                                 ______
                                 
      By Ms. LANDRIEU (for herself and Mr. Breaux):
  S. 2899. A bill to establish the Atchafalaya National Heritage Area, 
Louisiana; to the Committee on Energy and Natural Resources.
  Ms. LANDRIEU. Madam President, today I rise, along with Senator 
Breaux to introduce a bill to establish the Atchafalaya National 
Heritage Area in Louisiana. This legislation has particularly special 
meaning to those of us from Louisiana because of the importance of the 
cultural and natural resources of the Atchafalaya region to the Nation.
  This legislation would establish a framework to help protect, 
conserve, and promote these unique natural, cultural, historical, and 
recreational resources of the region. Specifically, the legislation 
would establish a National Heritage Area in Louisiana that encompasses 
thirteen parishes in and around the Atchafalaya Basin swamp, America's 
largest river swamp. The heritage area in south-central Louisiana 
stretches from Concordia parish to the north, where the Mississippi 
River begins to partially flow into the Atchafalaya River, all the way 
to the Gulf of Mexico in the south. The thirteen parishes are: St. 
Mary, Iberia, St. Martin, St. Landry, Avoyelles, Pointe Coupee, 
Iberville, Assumption, Terrebonne, Lafayette, West Baton Rouge, 
Concordia, and East Baton Rouge. This boundary is the same area covered 
by the existing Atchafalaya Trace State Heritage Area.
  This measure will appoint the existing Atchafalaya Trace Commission 
as the federally recognized ``local coordinating entity.'' The 
commission is composed of thirteen members with one representative 
appointed by each parish in the heritage area. Both the Atchafalaya 
Trace Commission and the Atchafalaya Trace State Heritage Area were 
created by the Louisiana Legislature a number of years ago. The 
Atchafalaya Trace State Heritage Area program currently receives some 
State funding, and already has staff working at the Louisiana 
Department of Culture, Recreation & Tourism, DCRT, under Lieutenant 
Governor Kathleen Blanco. State funds were used to create the 
management plan for the heritage area, which followed ``feasibility 
analysis'' guidelines as recommended by the National Park Service. 
Therefore, the recently-completed management plan need only be 
submitted to the Secretary of the Interior for approval as this 
legislation would recognize an existing local coordinating entity that 
will oversee the implementation of this plan. We are very proud that 
this state heritage area has already completed the complicated planning 
process, with participation of local National Park Service 
representatives, while using a standard of planning quality equal to 
that of existing national heritage areas. All at no cost to the Federal 
Government.
  Please let me also emphasize that this legislation protects existing 
private property rights. It will not interfere with local land use 
ordinances or regulations, as it is specifically prohibited from doing 
so. Nor does this legislation grant any powers of real property 
acquisition to the local coordinating entity or heritage area program. 
In addition, the legislation does not impose any environmental rule or 
process or cause any change in Federal environmental quality standards 
different from those already in effect.
  Heritage areas are based on cooperation and collaboration at all 
levels. This legislation remains true to the core concept behind 
heritage areas. The heritage area concept has been used successfully in 
various parts of our nation to promote historic preservation, natural 
and cultural resources protection, heritage tourism and sustainable 
economic revitalization for both urban and rural areas. Heritage areas 
provide a flexible framework for government agencies, private 
organizations and businesses and landowners to work together on a 
coordinated regional basis. The Atchafalaya National Heritage Area will 
join the Cane River National Heritage Area to become the second 
National Heritage Area in Louisiana, ultimately joining the 23 existing 
National Heritage Areas around the Nation.
  The initiative to develop the Atchafalaya National Heritage Area is 
an outgrowth of a grassroots effort to achieve multiple goals of this 
region. Most important among these is providing opportunities for the 
future, while at the same time not losing anything that makes this 
place so special. Residents from all over the region, local tourism 
agencies, State agencies such as the DCRT and the Department of Natural 
Resources, the State legislature, Federal agencies including the 
National Park Service and U.S. Army Corps of Engineers, parish 
governments, conservation and preservation groups, local businesses and 
local landowners have all participated in this endeavor to make it the 
strong initiative it is today. These groups have been very supportive 
of the heritage area effort, and as time moves on, the heritage area 
will continue to involve more and more of the area's most important 
resource, its people.
  I would also like to give you a brief overview of the resources that 
make this place significant to the entire country. Not only is it 
important to our Nation's history but it is also critical to 
understanding America's future. The name of the place itself--
Atchafalaya, comes from the American Indians and means ``long river.'' 
This name signifies the first settlers of the region, descendants of 
whom still live there today.
  Other words come to mind in describing the Atchafalaya: mysterious 
dynamic, multi-cultural; enchanting, bountiful; threatened and 
undiscovered. This region is one of the most complex and least 
understood places in Louisiana and the Nation. Yet, the stories of the 
Atchafalaya Heritage Area are emblematic of the broader American 
experience. Here there are opportunities to understand and witness the 
complicated, sometimes harmonious, sometimes adversarial interplay 
between nature and culture. The history of the United States has been 
shaped by the complex dance of its people working with, against, and 
for, nature. Within the Atchafalaya a penchant for adventure, 
adaptation, ingenuity, and exploitation has created a cultural legacy 
unlike anywhere else in the world.
  The heart of the heritage area is the Atchafalaya Basin. It is the 
largest river swamp in the United States, larger than the more widely 
known Everglades or Okefenokee Swamp. The Atchafalaya is characterized 
by a maze of streams, and at one time was thickly forested with old-
growth cypress and tupelo trees. The Basin provides outstanding habitat 
for a remarkably diverse array of wildlife, including the endangered 
American bald eagle and Louisiana black bear. The region's unique 
ecology teems with life. More than 85 species of fish, crustaceans such 
as crawfish, wildlife including alligators; an astonishing array of 
well over 200 species of birds, from waterfowl to songbirds, forest-
dwelling

[[Page 15906]]

mammals such as deer, squirrel, beaver and other commercially important 
furbearers all make their home here. Bottomland hardwood-dependent bird 
species breed here in some of the highest densities ever recorded in 
annual North American Breeding Bird Surveys. The Basin also forms part 
of the Mississippi Valley Flyway for migratory waterfowl and is a major 
wintering ground for thousands of these geese and ducks. In general, 
the Atchafalaya Basin has a significant proportion of North America's 
breeding wading birds, such as herons, egrets, ibises, and spoonbills. 
Some of the largest flocks of Wood Storks in North America summer here, 
and the southern part of the Basin has a healthy population of Bald 
Eagles nesting every winter.
  The region's dynamic system of waterways, geology, and massive 
earthern guide levees reveals a landscape that is at once fragile and 
awesome. The geology and natural systems of the Atchafalaya Heritage 
Area have fueled the economy of the region for centuries. For decades 
the harvest of cypress, cotton, sugar cane, crawfish, salt, oil, gas, 
and Spanish moss, have been important sources of income for the 
region's residents. The crawfish industry has been particularly 
important to the lives of Atchafalaya residents and Louisiana has 
become the largest crawfish producer in the United States. Sport 
fishing and other forms of commercial fishing are important here, too, 
but unfortunately, natural resource extraction and a changing 
environment have drastically depleted many of these resources and 
forced residents to find new ways to make a living.
  Over the past century, the Atchafalaya Basin has become a study of 
man's monumental effort to control nature. After the catastrophic 
Mississippi River flood of 1927 left thousands dead and millions 
displaced, the U.S. Congress decreed that the U.S. Army Crops of 
Engineers should develop an intricate system of levees to protect human 
settlements, particularly New Orleans. Today, the Mississippi River is 
caged within the walls of earthern and concrete levees and manipulated 
with a complex system of locks, barrages and floodgates. The 
Atchafalaya River runs parallel to the Mississippi and through the 
center of the Basin. In times of flooding the river basis serves as the 
key floodway in controlling floodwaters headed for the large population 
centers of Baton Rouge and New Orleans by diverting waters from the 
Mississippi River to the Gulf of Mexico. This system was sorely tested 
in 1973 when floodwaters threatened to break through the floodgates and 
permanently divert the Mississippi River into the Atchafalaya. However, 
after this massive flood event, new land started forming off the coast. 
These new land formations make up the Atchafalaya Delta, and is the 
only significant area of new land being built in the United States. 
These vast amounts of Mississippi River sediment are also raising 
filling in the Basin itself, raising the level of land in certain areas 
of the basin and filling in lakes and waterways. And to demonstrate 
just how complex this ecosystem is, one only needs to realize that just 
to the East of the Delta, Terrebonne parish, also in the heritage area, 
is experiencing some of the most significant coastal land loss in the 
country.
  Over the centuries, the ever-changing natural environment has shaped 
the lives of the people living in the basin. Residents have profited 
from and been imperiled by nature. The popular cultural identify of the 
region is strongly associated with the Canjuns, descendents of the 
French-speaking Acadians who settled in south Louisiana after being 
deported by the British from Nova Scotia, (formerly known as Acadia). 
Twenty-five hundred to three thousand exiled Acadians repatriated in 
Louisiana where they proceeded to re-establish their former society.
  Today, in spite of complex social, cultural, and demographic 
transformations, Cajuns maintain a sense of group identify and continue 
to display a distinctive set of cultural expressions nearly two-
hundred-and-fifty years after their exile from Acadia. Cajun culture 
has become increasingly popular outside of Louisiana. Culinary 
specialties adapted from France and Acadia such as etoufee, boudin, 
andouille, crepes, beignets and sauces thickened with roux, delight 
food lovers well beyound Lousiana's borders. Cajun music has also 
``gone mainstream'' with its blend of French folk songs and ballads and 
instrumental dance music, and more recent popular country, rhythm-and-
blues, and rock music influences. While the growing interest in Cajun 
culture has raised appreciation for its unique traditions, many of the 
region's residents are concerned about the growing commercialization 
and stereotyping that threatens to diminish the authentic Cajun ways of 
life.
  While the Atchafalaya Heritage Area may be well known for its Cajun 
culture, there is an astonishing array of other cultures within these 
parishes. Outside of New Orleans, the Atchafalaya Heritage Area is the 
most racially and ethnically complex region of Louisiana, and has been 
so for many year. A long legacy of multiculturalism presents 
interesting opportunities to examine how so many distinct cultures have 
survived in relative harmony. There may be interesting lessons to learn 
from here as our nation becomes increasingly heterogeneous. The 
cultural complexity of this region has created a rich tapestry of 
history and traditions, evidenced by the architecture, music, language, 
food and festivals unlike anyplace else. Ethnic groups of the 
Atchafalaya include: African-Americans, Black Creoles, Asians, Chinese, 
Filipinos, Vietnamese, Lebanese, Cajuns, Spanish Islenos, Italians, 
Scotch-Irish, and American Indian tribes such as the Attakapa, 
Chitimacha, Coushatta, Houma, Opelousa and Tunica-Biloxi.
  This heritage area has a wealth of existing cultural, historic, 
natural, scenic, recreational and visitor resources on which to build. 
Scenic resources include numerous State Wildlife Management Areas and 
National Wildlife Refuges, as well as ten designated state scenic 
byways that fall partially or entirely within the heritage area. The 
Office of State Parks operates three historic sites in the heritage 
area, and numerous historic districts and buildings can be found in the 
region. There are also nine Main Street communities in the heritage 
area. Outdoor recreational resources include two State Parks and a 
multitude of waterways and bayous. Hunting, fishing, boating, and 
canoeing, and more recently birdwatching and cycling, are popular ways 
to experience the region. Various visitor attractions, interpretive 
centers and visitor information centers exist to help residents and 
tourists alike better understand and navigate many of the resources in 
the heritage area. Major roads link the heritage area's central visitor 
entrance points and large population centers, especially New Orleans. 
Much of the hospitality industry servicing the Atchafalaya exists 
around the larger cities of Baton Rouge, Lafayette and Houma. However, 
more and more bed and breakfasts and heritage accommodations, such as 
houseboat rentals, are becoming more numerous in the smaller towns and 
rural areas.
  These are just some of the examples of the richness and significance 
of this region. This legislation will assist communities throughout 
this heritage area who are committed to the conservation and 
appropriate development of these assets. Furthermore, this legislation 
will bring a level of prestige and national and international 
recognition that this most special of places certainly deserves.
  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. 2899

       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 ``Atchafalaya National 
     Heritage Area Act''.

     SEC. 2. FINDINGS.

       Congress finds that--

[[Page 15907]]

       (1) the Atchafalaya Basin area of Louisiana, designated by 
     the Louisiana Legislature as the ``Atchafalaya Trace State 
     Heritage Area'' and consisting of the area described in 
     section 5(b), is an area in which natural, scenic, cultural, 
     and historic resources form a cohesive and nationally 
     distinctive landscape arising from patterns of human activity 
     shaped by geography;
       (2) the significance of the area is enhanced by the 
     continued use of the area by people whose traditions have 
     helped shape the landscape;
       (3) there is a national interest in protecting, conserving, 
     restoring, promoting, and interpreting the benefits of the 
     area for the residents of, and visitors to, the area;
       (4) the area represents an assemblage of rich and varied 
     resources forming a unique aspect of the heritage of the 
     United States;
       (5) the area reflects a complex mixture of people and their 
     origins, traditions, customs, beliefs, and folkways of 
     interest to the public;
       (6) the land and water of the area offer outstanding 
     recreational opportunities, educational experiences, and 
     potential for interpretation and scientific research; and
       (7) local governments of the area support the establishment 
     of a national heritage area.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to protect, preserve, conserve, restore, promote, and 
     interpret the significant resource values and functions of 
     the Atchafalaya Basin area and advance sustainable economic 
     development of the area;
       (2) to foster a close working relationship with all levels 
     of government, the private sector, and the local communities 
     in the area so as to enable those communities to conserve 
     their heritage while continuing to pursue economic 
     opportunities; and
       (3) to establish, in partnership with the State, local 
     communities, preservation organizations, private 
     corporations, and landowners in the Heritage Area, the 
     Atchafalaya Trace State Heritage Area, as designated by the 
     Louisiana Legislature, as the Atchafalaya National Heritage 
     Area.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Atchafalaya National Heritage Area established by section 
     5(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 5(c).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 7.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of 
     Louisiana.

     SEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established in the State the 
     Atchafalaya National Heritage Area.
       (b) Boundaries.--The Heritage Area shall consist of the 
     whole of the following parishes in the State: St. Mary, 
     Iberia, St. Martin, St. Landry, Avoyelles, Pointe Coupee, 
     Iberville, Assumption, Terrebonne, Lafayette, West Baton 
     Rouge, Concordia, and East Baton Rouge.
       (c) Local Coordinating Entity.--
       (1) In general.--The Atchafalaya Trace Commission shall be 
     the local coordinating entity for the Heritage Area.
       (2) Composition.--The local coordinating entity shall be 
     composed of 13 members appointed by the governing authority 
     of each parish within the Heritage Area.

     SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING 
                   ENTITY.

       (a) Authorities.--For the purposes of developing and 
     implementing the management plan and otherwise carrying out 
     this Act, the local coordinating entity may--
       (1) make grants to, and enter into cooperative agreements 
     with, the State, units of local government, and private 
     organizations;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--The local coordinating entity shall--
       (1) submit to the Secretary for approval a management plan;
       (2) implement the management plan, including providing 
     assistance to units of government and others in--
       (A) carrying out programs that recognize important resource 
     values within the Heritage Area;
       (B) encouraging sustainable economic development within the 
     Heritage Area;
       (C) establishing and maintaining interpretive sites within 
     the Heritage Area; and
       (D) increasing public awareness of, and appreciation for 
     the natural, historic, and cultural resources of, the 
     Heritage Area;
       (3) adopt bylaws governing the conduct of the local 
     coordinating entity; and
       (4) for any year for which Federal funds are received under 
     this Act, submit to the Secretary a report that describes, 
     for the year--
       (A) the accomplishments of the local coordinating entity; 
     and
       (B) the expenses and income of the local coordinating 
     entity.
       (c) Acquisition of Real Property.--The local coordinating 
     entity shall not use Federal funds received under this Act to 
     acquire real property or an interest in real property.
       (d) Public Meetings.--The local coordinating entity shall 
     conduct public meetings at least quarterly.

     SEC. 7. MANAGEMENT PLAN.

       (a) In General.--The local coordinating entity shall 
     develop a management plan for the Heritage Area that 
     incorporates an integrated and cooperative approach to 
     protect, interpret, and enhance the natural, scenic, 
     cultural, historic, and recreational resources of the 
     Heritage Area.
       (b) Consideration of Other Plans and Actions.--In 
     developing the management plan, the local coordinating entity 
     shall--
       (1) take into consideration State and local plans; and
       (2) invite the participation of residents, public agencies, 
     and private organizations in the Heritage Area.
       (c) Contents.--The management plan shall include--
       (1) an inventory of the resources in the Heritage Area, 
     including--
       (A) a list of property in the Heritage Area that--
       (i) relates to the purposes of the Heritage Area; and
       (ii) should be preserved, restored, managed, or maintained 
     because of the significance of the property; and
       (B) an assessment of cultural landscapes within the 
     Heritage Area;
       (2) provisions for the protection, interpretation, and 
     enjoyment of the resources of the Heritage Area consistent 
     with this Act;
       (3) an interpretation plan for the Heritage Area; and
       (4) a program for implementation of the management plan 
     that includes--
       (A) actions to be carried out by units of government, 
     private organizations, and public-private partnerships to 
     protect the resources of the Heritage Area; and
       (B) the identification of existing and potential sources of 
     funding for implementing the plan.
       (d) Submission to Secretary for Approval.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the local coordinating entity shall 
     submit the management plan to the Secretary for approval.
       (2) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     paragraph (1), the Secretary shall not provide any additional 
     funding under this Act until a management plan for the 
     Heritage Area is submitted to the Secretary.
       (e) Approval.--
       (1) In general.--Not later than 90 days after receiving the 
     management plan submitted under subsection (d)(1), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (2) Action following disapproval.--
       (A) In general.--If the Secretary disapproves a management 
     plan under paragraph (1), the Secretary shall--
       (i) advise the local coordinating entity in writing of the 
     reasons for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) allow the local coordinating entity to submit to the 
     Secretary revisions to the management plan.
       (B) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (A)(iii), the Secretary shall approve or 
     disapprove the revision.
       (f) Revision.--
       (1) In general.--After approval by the Secretary of a 
     management plan, the local coordinating entity shall 
     periodically--
       (A) review the management plan; and
       (B) submit to the Secretary, for review and approval by the 
     Secretary, the recommendations of the local coordinating 
     entity for any revisions to the management plan that the 
     local coordinating entity considers to be appropriate.
       (2) Expenditure of funds.--No funds made available under 
     this Act shall be used to implement any revision proposed by 
     the local coordinating entity under paragraph (1)(B) until 
     the Secretary approves the revision.

     SEC. 8. FINANCIAL ASSISTANCE.

       (a) In General.--To provide the Federal share of financial 
     assistance provided by the local coordinating entity under 
     section 6(a) the Secretary shall provide the local 
     coordinating entity financial assistance in the amount of 
     $10,000,000, not to exceed $1,000,000 for any fiscal year.
       (b) Cost Sharing.--The Federal share of the cost of any 
     activity assisted by the local coordinating entity under this 
     Act shall not exceed 50 percent.

     SEC. 9. EFFECT OF ACT.

       Nothing in this Act or in establishment of the Heritage 
     Area--
       (1) grants any Federal agency regulatory authority over any 
     interest in the Heritage Area, unless cooperatively agreed on 
     by all involved parties;
       (2) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     Act;

[[Page 15908]]

       (3) grants any power of zoning or land use to the local 
     coordinating entity;
       (4) imposes any environmental, occupational, safety, or 
     other rule, standard, or permitting process that is different 
     from those in effect on the date of enactment of this Act 
     that would be applicable had the Heritage Area not been 
     established;
       (5)(A) imposes any change in Federal environmental quality 
     standards; or
       (B) authorizes designation of any portion of the Heritage 
     Area that is subject to part C of title I of the Clean Air 
     Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of 
     that part solely by reason of the establishment of the 
     Heritage Area;
       (6) authorizes any Federal or State agency to impose more 
     restrictive water use designations, or water quality 
     standards on uses of or discharges to, waters of the United 
     States or waters of the State within or adjacent to the 
     Heritage Area solely by reason of the establishment of the 
     Heritage Area;
       (7) abridges, restricts, or alters any applicable rule, 
     standard, or review procedure for permitting of facilities 
     within or adjacent to the Heritage Area; or
       (8) affects the continuing use and operation, where located 
     on the date of enactment of this Act, of any public utility 
     or common carrier.

     SEC. 10. REPORTS.

       For any year in which Federal funds have been made 
     available under this Act, the local coordinating entity shall 
     submit to the Secretary a report that describes--
       (1) the accomplishments of the local coordinating entity; 
     and
       (2) the expenses and income of the local coordinating 
     entity.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act $10,000,000, of which not more than $1,000,000 shall be 
     made available for any fiscal year.

     SEC. 12. TERMINATION OF AUTHORITY.

       The Secretary shall not provide any assistance under 
     section 8 after September 30, 2017.
                                 ______
                                 
      By Mr. WELLSTONE (for himself and Mr. DAYTON):
  S. 2900. A bill to designate the facility of the United States Postal 
Service located at 6101 West Old Shakopee Road in Bloomington, 
Minnesota, as the ``Thomas E. Burnett, Jr. Post Office Building''; to 
the Committee on Governmental Affairs.
  Mr. WELLSTONE. Madam President, I rise today to pay tribute to an 
American hero. Tom Burnett, Jr. was a beloved husband and father, an 
adored son, and an able business leader. He was a person who would not, 
and did not, sit quietly as terrorists carried out their plan last year 
on September 11.
  I am introducing a bill today, along with my colleague from 
Minnesota, Senator Dayton. Our bill would designate a U.S. Postal 
Service facility in Bloomington, MN as the ``Thomas E. Burnett, Jr. 
Post Office Building.'' It is a companion proposal to a bill introduced 
by our House colleague, Representative Jim Ramstad, whose district 
includes Bloomington.
  Tom Burnett, Jr., who grew up in Bloomington, was aboard United 
Flight 93 on September 11 of last year. America owes Tom a deep debt of 
gratitude for his bravery on that day. It is possible that Members of 
Congress, including myself, could owe him our very lives. We will never 
know for sure. Tom is believed by investigators to have been among 
those passengers who kept the hijackers from crashing Flight 93 into a 
national landmark, most likely the White House or the Capitol. That, of 
course, would likely have resulted in many more deaths than already 
occurred that day. Instead, as we all know, Flight 93 crashed in a 
Pennsylvania field.
  After listening to the tape from the flight's black box, law 
enforcement officials have described a desperate struggle aboard the 
plane. As FBI Director Mueller said after being briefed on the contents 
of the tape, ``We believe those passengers were absolute heroes, and 
their actions during this flight were heroic.''
  Tom Burnett, Jr. was 38 years old when he died. A 1986 graduate of 
the Carlson School of Management at the University of Minnesota and a 
member of Alpha Kappa Psi fraternity, he had shown selfless leadership 
before. As a quarterback at Thomas Jefferson High School in 
Bloomington, Tom's inspired play led his team to the conference 
championship game in 1980. He was a successful business leader as chief 
operating officer for a medical device manufacturer in California.
  We will never forget the ultimate sacrifice of Tom and many other 
heroes last September 11. Our thoughts and prayers today are with Tom's 
family: his wife Deena; their daughters Madison, Halley and Anna-Clair; 
his parents Thomas, Sr. and Beverly; and his sisters Martha O'Brien and 
Mary Margaret Burnett. Bloomington will be proud to have this post 
office named for Tom Burnett, Jr. We all are proud of this son of 
Minnesota.
                                 ______
                                 
      By Mr. GRASSLEY:
  S. 2901. A bill to provide that bonuses and other extraordinary or 
excessive compensation of corporate insiders and wrongdoers may be 
included in the bankruptcy estate; to the Committee on the Judiciary.
  Mr. GRASSLEY. Madam President, I come to the floor today to introduce 
legislation that will bring more accountability to corporate officers 
and directors when a company goes bankrupt. This bill contains 
substantially the same language I had in an amendment I filed to the 
corporate reform bill that we passed into law a couple of months ago, 
but unfortunately my bankruptcy amendment was not considered. My 
legislation, the ``Corporate Accountability in Bankruptcy Act'', would 
clarify that the bonuses and other excessive compensation of corporate 
directors and wrongdoers can be brought back into a bankruptcy estate 
when a company goes bankrupt. This legislation is equitable because 
corporate officers and those individuals that have engaged in 
wrongdoing and violated the securities and accounting laws should not 
be able to make outrageous amounts of money off of a company which has 
gone bankrupt, while the company's employees, shareholders and 
creditors are left carrying the burden of the bankruptcy. Furthermore, 
corporate officers and insiders shouldn't be allowed to get bonuses and 
loans when a company has done so poorly to go bankrupt. They don't 
deserve that kind of excessive compensation. The plain fact is that 
corporate officers and those who engage in illegal activity should not 
be allowed to benefit where their actions have contributed to the 
downfall of the company. I don't think that's fair, and my bill would 
ensure that there is some equity in terms of who gets left holding the 
bag when a company goes bankrupt.
  Currently, the Bankruptcy Code permits a trustee to recover assets 
which a debtor has previously distributed to creditors within a certain 
time period prior to the filing of a bankruptcy petition. This allows a 
trustee to increase a debtor's assets for the fair treatment and 
equitable distribution of assets among all creditors, as well as to 
help shore up a debtor's assets during a reorganization.
  Section 547 of the Bankruptcy Code allows a trustee to recover assets 
from an insider made within a year of the filing of a bankruptcy 
petition. However, the Bankruptcy Code does not clearly establish that 
this section applies to bonuses and other extraordinary or excessive 
compensation of insiders, officers and directors. A cursory review of 
the case law by my staff and the Congressional Research Service 
indicates that the courts have not developed this issue, and that 
relevant case law is not dispositive on the matter of whether bonuses 
and excessive compensation are avoidable in bankruptcies of publically 
held companies.
  In addition, section 548 of the Bankruptcy Code allows a trustee to 
recover transfers of assets, made within one year, where there has been 
a fraudulent transaction or where a debtor has received less than what 
is reasonably equivalent in value. Here too, the Bankruptcy Code is not 
clear as to whether this section applies to the bonuses and other 
extraordinary or excessive compensation of officers, directors or other 
company employees who have violated securities laws or engaged in 
illegal accounting practices when their conduct, but not their 
compensation, has led to the company's bankruptcy. Similarly, the case 
law is not dispositive on this matter either.
  I think everyone would agree that a trustee should be able to recover 
these kinds of assets when a company goes bankrupt. Corporate bigwigs 
and wrongdoers shouldn't be able to keep

[[Page 15909]]

their bonuses, loans or other excessive compensation when a company 
goes under. Corporate mismanagement and irresponsibility should not be 
rewarded, and the bad guys need to be held accountable.
  So I think that we need to clarify the Bankruptcy Code in order that 
bonuses, loans, and other extraordinary or excessive compensation that 
the company has given to the insiders and wrongdoers can be drawn back 
into the bankruptcy estate.
  My legislation is simply and straightforward. The Corporate 
Accountability in Bankruptcy Act would specifically provide in section 
547 of the Bankruptcy Code that a trustee may recover bonuses, loans, 
nonqualified deferred compensation, and any other extraordinary or 
excessive compensation as determined by the court, made to an insider, 
officer or director and made within one year before the date of the 
filing of the bankruptcy petition.
  In addition, the Corporate Accountability in Bankruptcy Act would 
specifically provide in section 548 of the Bankruptcy Code that a 
trustee may recover bonuses, loans, nonqualified deferred compensation, 
and any other extraordinary or excessive compensation, as determined by 
the court, paid to an officer, director or employee who has committed 
securities or accounting violations, within 4 years of the filing of 
the bankruptcy petition. My bill extends the present one year reach-
back period for fraudulent transfers in the Bankruptcy Code to 4 years, 
I did that because a majority of states have adopted a 4 year time 
period or the Uniform Fraudulent Transfer Act which allows for a 4 year 
time frame. I believe that these changes to section 548 are fair 
because they are tied to excessiveness and wrongdoing. Simply said, 
illegal acts should not be rewarded with a big fat paycheck.
  The point of this bill is that corporate officers and wrongdoers 
should not be able to keep bonuses, loans and other excessive 
compensation when the company goes under and others, employees, 
creditors and investors, are left holding an empty bag through no fault 
of their own. It's just not fair. So I hope that my colleagues will 
support the Corporate Accountability in Bankruptcy Act to make the 
Bankruptcy Code clear that corporate bigwigs and wrongdoers cannot 
unjustly enrich themselves and their excessive compensation and loans 
can and will be brought back into the bankruptcy estate.
  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. 2901

       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 ``Corporate Accountability in 
     Bankruptcy Act''.

     SEC. 2. BANKRUPTCY PROVISIONS.

       (a) Preferences.--Section 547 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(h) A trustee may avoid any transfer made within 1 year 
     before the date of the filing of the petition that was made 
     to an insider, officer, or director for any bonuses, loans, 
     nonqualified deferred compensation, or other extraordinary or 
     excessive compensation as determined by the court.''.
       (b) Fraudulent Transfers and Obligations.--Section 548(a) 
     of title 11, United States Code, is amended by adding at the 
     end the following:
       ``(3) The trustee may avoid any transfer of an interest of 
     the debtor in property, or any obligation incurred by the 
     debtor, including any bonuses, loans, nonqualified deferred 
     compensation, or other extraordinary or excessive 
     compensation as determined by the court, paid to any officer, 
     director, or employee of an issuer of securities (as defined 
     in section 2(a) of the Public Company Accounting Reform and 
     Investor Protection Act of 2002), if--
       ``(A) that transfer of interest or obligation was made or 
     incurred on or within 4 years before the date of the filing 
     of the petition; and
       ``(B) the officer, director, or employee committed--
       ``(i) a violation of the Federal securities laws (as 
     defined in section 3(a)(47) of the Securities Exchange Act of 
     1934), State securities laws, or any regulation or order 
     issued under Federal or State securities laws;
       ``(ii) fraud, deceit, or manipulation in a fiduciary 
     capacity or in connection with the purchase or sale of any 
     security registered under section 12 or 15(d) of the 
     Securities Exchange Act of 1934 or under section 6 of the 
     Securities Act of 1933; or
       ``(iii) illegal or deceptive accounting practices.''.

                          ____________________