21 June 1997
See related documents:
Prior Senate debate on the amendment
Justice Department report on bombmaking information http://jya.com/abi.htm
Feinstein Amendment http://jya.com/fein-sp419.htm
[Congressional Record: June 19, 1997 (Senate)] [Page S5978-S5998] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr19jn97-172] NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998 Mr. LOTT. Mr. President, I am very pleased to be able to ask unanimous consent that the Senate now turn to the consideration of Calendar No. 88, S. 936, the Department of Defense authorization bill. The PRESIDING OFFICER. Without objection, it is so ordered. The clerk will report. The assistant legislative clerk read as follows: A bill (S. 936) to authorize appropriations for fiscal year 1998 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes. ***** [Excerpts on Amendment No. 419] Amendment No. 419 (Purpose: To prohibit the distribution of certain information relating to explosives, destructive devices, and weapons of mass destruction) Mrs. FEINSTEIN. Mr. President, I send an amendment to the desk. The PRESIDING OFFICER. The clerk will report. The assistant legislative clerk read as follows: The Senator from California [Mrs. Feinstein], for herself and Mr. Biden, proposes an amendment numbered 419. Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment is as follows: At the end of subtitle E of title X, add the following: SEC. 1074. CRIMINAL PROHIBITION ON THE DISTRIBUTION OF CERTAIN INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION. (a) Unlawful Conduct.--Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(l) Distribution of Information Relating to Explosives, Destructive Devices, and Weapons of Mass Destruction.-- ``(1) Definitions.--In this subsection-- ``(A) the term `destructive device' has the same meaning as in section 921(a)(4); ``(B) the term `explosive' has the same meaning as in section 844(j); and ``(C) the term `weapon of mass destruction' has the same meaning as in section 2332a(c)(2). ``(2) Prohibition.--It shall be unlawful for any person-- ``(A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intention that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal criminal offense or a State or local criminal offense affecting interstate commerce; or ``(B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal criminal offense or a State or local criminal offense affecting interstate commerce.''. (b) Penalties.--Section 844 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``person who violates subsections'' and inserting the following: ``person who-- ``(1) violations subsections''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(2) violates subsection (l)(2) of section 842 of this chapter, shall be fined under this title, imprisoned not more than 20 years, or both.''; and (2) in subsection (j), by striking ``and (i)'' and inserting ``(i), and (l)''. Mrs. FEINSTEIN. Mr. President, I send this amendment to the desk on behalf of Senator Biden and myself. For 3 years, Senator Biden and I have sent an amendment to the desk which would prohibit the teaching of bomb making. Twice it passed this body by unanimous consent, and twice in conference the amendment was taken out. Last year, when we made this amendment and this body graciously and, I believe, wisely accepted it, it was replaced in conference with the proviso that the Department of Justice would do a report to see whether this amendment was well advised and would stand a constitutional test. On April 29 of this year, the Department of Justice published a report, and that report was entitled, ``Report on the Availability of Bomb Making Information, The Extent to Which Its Dissemination is Controlled by Federal Law, and the Extent to Which Such Dissemination May be Subject to Regulation Consistent with the First Amendment to the United States Constitution.'' The bottom line of the report is that the Department of Justice agrees that it would be appropriate and beneficial to adopt further legislation to address the problem of teaching bomb making directly, if that can be accomplished in a manner that does not impermissibly restrict the wholly legitimate publication and teaching of such information or otherwise violate the first amendment. In other words, the question presented by this is, when does the first amendment end and when does conspiracy to commit a felony begin? So the language in the amendment that we submit to this body today has been reworked, strengthened and approved by the Department of Justice. I would like to briefly read it. The language is as follows: It shall be unlawful for any person-- (A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use [[Page S5990]] of an explosive, destructive device, or weapon of mass destruction, with the intention that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal criminal offense or a State or local criminal offense affecting interstate commerce . . . Then there is an alternative: or (b) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction . . . knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal criminal offense or a State or local criminal offense affecting interstate commerce. The penalty for violating this law would be a fine of $250,000 or a maximum of 20 years in prison, or both. Mr. President, according to terrorism expert, Neil Livingston, there are more than 1,600 so-called mayhem-manuals in circulation. I outlined some examples of what I am talking about. I will never forget, Mr. President, and you are a member of the Judiciary Committee--I don't believe you were on the committee at the time--but when a document entitled ``The Terrorist's Handbook'' was circulated, I believe at that time Senator Kennedy and I couldn't believe it. So I went back to my office and asked my staff to download what is called ``The Terrorist's Handbook.'' The cover of ``The Terrorist's Handbook'' reads something like this: Stuff you are not supposed to know about. Whether you are planning to blow up the World Trade Center, or merely explode a few small devices on the White House lawn, the Terrorist's Handbook is an invaluable guide to having a good time. Where else can you get such wonderful ideas about how to use up all that extra ammonium triiodide left over from last year's revolution? And then this handbook, which I have in my hand, goes on to tell people how to break into a building, how to pick a lock, how to break into a chem lab in a college, how to look like a student. It produces techniques for picking locks. It goes on and tells you what useful household chemicals you should use. And then it goes on to explain, with specificity, how to make a light-bulb bomb, a book bomb, a phone bomb, and it goes on and on and on. Mr. President, there is no legal, legitimate use for a phone bomb, for a book bomb, for a baby-food bomb, all of which are described in this handbook. When it is put in this context, the context of criminality, it is my belief that the person who puts this up on the Internet becomes a conspirator in the ability to commit a major crime in the United States. An interesting thing that we have found is that individuals who have committed these crimes have actually had at least some of these publications in their home when they were arrested. According to the Executive Office for U.S. Attorneys, the following publications were found among Timothy McVeigh's possessions: ``Homemade C-4, A Recipe for Survival.'' My staff just went over to the Library of Congress and tried to take out a copy of this. Incidentally, it is missing from the library. ``Ragnar's Big Book of Homemade Weapons and Improvised Explosives.'' So we know that materials on the Internet are used by terrorists to commit terrorist acts. We also know that the number of explosive devices now being found are increasing. Authorities have stated that the rise is attributable to a rise in Internet use. This is certainly true in Los Angeles County. During the first half of 1996, these numbers of explosive devices have increased dramatically; 178 were found compared to 86 total in 1995. Responses by the Los Angeles Police Department to reports of suspected bombs have shot up more than 35 percent from 1994 to 1995. The LAPD found 41 explosives in 1995, more than double the number 3 years ago. And it goes on and on and on. One thing is also very interesting. Not only are terrorists using this, but children are using this. Not too long ago there was a cartoon in a newspaper. It really describes what is happening. A mother is on the telephone saying to a friend, ``* * * history, astronomy, science, Bobby is learning so much on the Internet * * *'' And there is Bobby sitting by his computer, and what Bobby is doing here is putting a timer on six sticks of dynamite looking at the Internet and following the recipe. Of course what that leads to is something like this: Three Boys used Internet to Plot School Bombing, Police Say. That is the New York Times. Something like this: Internet Cited for Surge in Bomb Reports. Police and sheriffs officials say Web sites provide youngsters with information on making explosives. Yesterday, June 18, the Fort Lauderdale Sun-Sentinel reported on the pending trial of 15-year-olds Burke DeCesare and Adam Walker, who were charged with planting a bomb in their Catholic school. They are eighth graders. They live in the Bayview neighborhood. They broke into Saint Coleman Catholic School in Pompano Beach around 2 a.m. on February 24, 1996. They planted a gasoline bomb in the ceiling of classroom 116. Bomb experts from the Broward Sheriff's Office said the device, made with gasoline, was wired to explode at the flick of a light switch. This is taught--the recipe for this is in one of these manuals. The boys told police they got the instructions to build the bomb from the Internet. Nine days ago, on June 10, 1997, the Cleveland Dispatch reported the arrest of a North Side 15-year-old who built a homemade bomb with information he gathered from the Internet. The Columbus Fire Division bomb squad was required to remove devices from the kitchen and the basement of the parents' homes. Neighbors, who lived within 500 feet of the home, were evacuated for 2 hours. Columbus police reported that one device consisted of a quart Mason jar containing lighter fluid and Styrofoam, with an M-90 inserted into the Mason jar cap which served as an igniter. This young man told his parents he learned to make the bomb on the Internet. Last month, the Los Angeles Times reported that two 14-year-old boys were arrested in Yorba Linda, CA, after crafting eight pipe bombs and detonating one of them. The bomb caused a fire, charring 400 feet of land behind a home on Grandview Avenue. After admitting they sparked the fire with the bomb, the boys told investigators they had seven more bombs inside the house. The bombs were fashioned with information from the Internet. In May of this year, the Baltimore Sun reported that two teenagers in Finland face charges over an explosion from Finland's second ``Internet bomb'' in a week. Sixty people were evacuated. And it goes on and on and on. In Orange County, police say teenagers may have used the Internet to help construct acid-filled bottle bombs in Mission Viejo and Huntington Beach, one of which burned a 5-year-old boy when he found it on a school playground. According to the Bureau of Alcohol, Tobacco and Firearms, between 1992 and 1995, 15 juveniles were killed and 366 injured in the United States while making explosive devices. Most of this comes right off of the Internet. The Justice Department, on a single Web site, obtained the titles to over 110 different bombmaking texts. The point here is that this material is now so easy to get. When it is put in something like a terrorist handbook and you are told what to use, how to steal it, how to dress like a college student, how to break into a chem lab, how to use cardboard to stuff in the lock so you can come back at night, how to go home and how to go into your kitchen and make one of these bombs, and then how to go out and explode it wherever you want--there is no legitimate legal use for this information. There is only a criminal purpose for this information. There is no legal use for a baby food bomb, for a phone bomb, for a book bomb. You do not blow up a tree stump if you are a farmer in the field with one of these. There is no legal use. So I am hopeful--I know that we are into the third year of this amendment--that it will in fact survive a conference committee. I understand that both sides are willing to accept the amendment. Mr. President, I ask unanimous consent that a summary of the Department of Justice report be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: [[Page S5991]] Summary of the Report on the Availability of Bombmaking Information, The Extent to Which its Dissemination is Controlled by Federal Law, and the Extent to Which Such Dissemination May be Subject to Regulation Consistent with the First Amendment to the U.S. Constitution (Prepared by the U.S. Department of Justice) Introduction and Summary In section 709(a) of the Antiterrorism and Effective Death Penalty Act of 1996 [``the AEDPA''], Pub. L. No. 104-132, 110 Stat. 1214, 1297 (1996), Congress provided that, in consultation with such other officials and individuals as she considers appropriate, the Attorney General shall conduct a study concerning-- (1) the extent to which there is available to the public material in any medium (including print, electronic, or film) that provides instruction on how to make bombs, destructive devices, or weapons of mass destruction; (2) the extent to which information gained from such material has been used in incidents of domestic or international terrorism; (3) the likelihood that such information may be used in future incidents of terrorism; (4) the application of Federal laws in effect on the date of enactment of this Act to such material; (5) the need and utility, if any, for additional laws relating to such material; and (6) an assessment of the extent to which the first amendment protects such material and its private and commercial distribution. Section 709(b) of the AEDPA, in turn, requires the Attorney General to submit to the Congress a report containing the results of the study, and to make that report available to the public. Following enactment of the AEDPA, a committee was established within the Department of Justice [``the DOJ Committee''], comprised of departmental attorneys as well as law enforcement officials of the Federal Bureau of Investigation and the Treasury Department's Bureau of Alcohol, Tobacco and Firearms. The committee members divided responsibility for undertaking the tasks mandated by section 709. Some members canvassed reference sources, including the Internet, to determine the facility with which information relating to the manufacture of bombs, destructive devices and other weapons of mass destruction could be obtained. Criminal investigators reviewed their files to determine the extent to which such published information was likely to have been used by persons known to have manufactured bombs and destructive devices for criminal purposes. And legal experts within the Department of Justice reviewed extant federal criminal law and judicial precedent to assess the extent to which the dissemination of bombmaking information is now restricted by federal law, and the extent to which it may be restricted, consistent with constitutional principles. This Report summarizes the results of these efforts. As explained in this Report, the DOJ committee has determined that anyone interested in manufacturing a bomb, dangerous weapon, or a weapon of mass destruction can easily obtain detailed instructions from readily accessible sources, such as legitimate reference books, the so-called underground press, and the Internet. Circumstantial evidence suggests that, in a number of crimes involving the employment of such weapons and devices, defendants have relied upon such material in manufacturing and using such items. Law enforcement agencies believe that, because the availability of bombmaking information is becoming increasingly widespread (over the Internet and from other sources), such published instructions will continue to play a significant role in aiding those intent upon committing future acts of terrorism and violence. While current federal laws--such as those prohibiting conspiracy, solicitation, aiding and abetting, providing material support for terrorist activities, and unlawfully furthering civil disorders--may, in some instances, proscribe the dissemination of bombmaking information, no extant federal statute provides a satisfactory basis for prosecution in certain classes of cases that Senators Feinstein and Biden have identified as particularly troublesome. Senator Feinstein introduced legislation during the last Congress in an attempt to fill this gap. The Department of Justice agrees that it would be appropriate and beneficial to adopt further legislation to address this problem directly, if that can be accomplished in a manner that does not impermissibly restrict the wholly legitimate publication and teaching of such information, or otherwise violate the First Amendment. The First Amendment would impose substantial constraints on any attempt to proscribe indiscriminately the dissemination of bombmaking information. The government generally may not, except in rare circumstances, punish persons either for advocating lawless action or for disseminating truthful information--including information that would be dangerous if used--that such persons have obtained lawfully. However, the constitutional analysis is quite different where the government punishes speech that is an integral part of a transaction involving conduct the government otherwise is empowered to prohibit; such ``speech acts''--for instance, many cases of inchoate crimes such as aiding and abetting and conspiracy--may be proscribed without much, if any, concern about the First Amendment, since it is merely incidental that such ``conduct'' takes the form of speech. Accordingly, we have concluded that Senator Feinstein's proposal can withstand constitutional muster in most, if not all, of its possible applications, if such legislation is slightly modified in several respects that we propose at the conclusion of this Report. As modified, the proposed legislation would be likely to maximize the ability of the Federal Government--consistent with free speech protections-- to reach cases where an individual disseminates information on how to manufacture or use explosives or weapons of mass destruction either (i) with the intent that the information be used to facilitate criminal conduct, or (ii) with the knowledge that a particular recipient of the information intends to use it in furtherance of criminal activity. Mrs. FEINSTEIN. Mr. President, I conclude my statement simply with this. This amendment has been put into this bill once before. It has been put into the terrorism bill once. It has been passed by this body twice. It has been reworked to withstand a first amendment challenge. I am hopeful, with the history of what is happening in this country, that Americans all across this land will say there is no first amendment right to be a conspirator and teach someone how to make a bomb to blow someone else up. So I am hopeful that this year it might survive a conference. I thank the Chair and yield the floor. Mr. LEVIN addressed the Chair. The PRESIDING OFFICER. The Senator from Michigan. Mr. LEVIN. We are checking with one Senator who we understand may wish to be heard on this amendment. I just want to notify the Senate of that. I see, though, the chairman is on his feet, so I yield the floor. The PRESIDING OFFICER. The Senator from South Carolina. Mr. THURMOND. Mr. President, we have no objection to the amendment. Mr. LEVIN. Mr. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The assistant legislative clerk proceeded to call the roll. Mr. COCHRAN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. COCHRAN. Mr. President, I ask unanimous consent that the pending amendment be set aside. The PRESIDING OFFICER. Without objection, it is so ordered. ***** Mr. WARNER. Mr. President, on behalf of the chairman and distinguished ranking member present here, I wish to inform Senators that there will be a vote at 7:15 tonight on the amendment by the senior Senator from California [Mrs. Feinstein]. Essentially, this vote is a legislative measure to criminalize, under Federal laws, the willful disclosure of technology and other information that would enable an individual or individuals to make--manufacture a bomb. The time between now and 7:15 will be equally divided between myself and the distinguished ranking member. Hopefully, within that time we can accommodate the distinguished colleague from Virginia, also. But, just a few words about the amendment to advise Senators with regard to the subject of the vote. It is entitled, ``Distribution of Information Relating to Explosives, Destructive Devices, and Weapons of Mass Destruction.'' Definitions.--In this subsection-- (A) the term ``destructive device'' has the same meaning as [another section of the code]; (B) the term ``explosive'' [same meaning]. These terms are defined within the code, the existing code. (C) the term ``weapon of mass destruction'' has the same meaning as in [another part of the code]. Prohibition.--It shall be unlawful for any person-- (A) to teach or demonstrate the making of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intention that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal criminal offense or a State or local criminal offense affecting interstate commerce; or (B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal criminal offense or a State or local criminal offense affecting interstate commerce. And the penalties are then recited. Mr President, I yield to my distinguished colleague. The PRESIDING OFFICER. The Senator form Michigan. Mr. LEVIN. Mr. President, I ask unanimous consent that of the time remaining between now and 7:15, that 5 minutes be allocated to Senator Robb and that---- Mr. WARNER. To be charged equally, Mr. President, to both sides. Mr. LEVIN. That would be great, and 3 minutes be allocated to Senator Feinstein. The PRESIDING OFFICER. Is the Senator also asking we return to the Feinstein amendment? Mr. LEVIN. I ask unanimous consent that we return to the Feinstein amendment immediately after the Senator from Virginia has completed his 5 minutes. ***** amendment no. 419 Mr. BIDEN. Mr. President, I rise in support of the Feinstein-Biden anti-bomb-making amendment. The bill would make it a Federal crime to teach someone how to use or make a bomb if you know or intend that it will be used to commit a crime. As my colleagues know, I fought to pass nearly identical legislation last [[Page S5997]] year. Senator Feinstein and I tried several times to have it enacted as part of my anti-terrorism initiatives. The bill passed the Senate on two occasions, but unfortunately, it was rejected by the House both times. Critics of the bill claimed that it was unnecessary, unconstitutional, and would outlaw legitimate business uses of explosives. To respond to these claims, we asked the Justice Department to examine each of these questions. The report supports Senator Feinstein and my position on each and every criticism. So now that we have cleared away the basis for some of the opposition, I hope we can quickly enact this important legislation. And let me tell you why. I think most Americans would be absolutely shocked if they knew what kind of criminal information is making its way over the Internet. This information is easily accessible. It's proliferating by leaps and bounds. Let me give just one example. A guy named ``War-Master'' sent this message out over the Internet about how to build a baby food bomb. Here is how his message goes: These simple, powerful bombs are not very well known even though all the material can be easily obtained by anyone (including minors). These things are so [expletive deleted] powerful that they can destroy a car. The explosion can actually twist and mangle the frame. They are extremely deadly and can very easily kill you and blow the side of the house out if you mess up while building it. Here's how they work. And then the message goes into explicit detail about how to fill a baby food jar with gunpowder and how to detonate it. The message observes that the explosion shatters the glass jar, sending pieces of razor sharp glass in all directions. The message continues with even more deadly advice: Tape nails to the side of the thing. Sharpened jacks (those little things with all the pointy sides) also work well. As a result, the message concludes: If the explosion doesn't get 'em then the glass will. If the glass don't get 'em then the nails will. I am not making this up. And this is only one small example. Mr. President, we hear about this happening time and time again: A bomb goes off. People are killed. A criminal is apprehended. And we learn that the criminal followed--to the letter--someone else's instructions on how to make a bomb and how to make it kill people. Indeed, the Justice Department report indicates that numerous notorious terrorists--including the World Trade Center bombers and the murderers of a Federal judge--have been found in possession of bomb- making manuals and internet bomb-making information. And there is another situation that we are hearing about more and more frequently. We read about it in our local papers across the country. These bomb-making instructions are having an ever increasing impact on children. In Austin, TX, a boy lost most of one hand and part of the other after following bomb-making instructions he found on the internet. This boy once had plans to serve in the Marines. But that dream is now gone. And in Massachusetts, several boys--in separate incidents throughout the State--were maimed when they tried to mix batches of napalm on their kitchen stoves. These experiments were direct results of kids finding a bomb-making recipe on the internet. And what is even worse is that some of these instructions are geared toward kids. They tell kids that all the ingredients they need are right in their parents' kitchen or laundry cabinets. These stories illustrate what can happen when the literally millions of kids today sit in front of their computer and type ``explosive'' on their keyboard. In minutes, they can have instructions for making all sorts of explosive devices they never knew even existed. I know that some say that going after people who only help other people make bombs is not the way to go. They say that bomb-making instructions are protected by the first amendment. And I agree--to a point. I take a backseat to no one when it comes to the first amendment. I have always argued that we must take great care when we legislate about any constitutional right--paticularly our most cherished right of free speech. But let's not forget the obvious. It is illegal to make a bomb. And there is no right under the first amendment to help someone commit an illegal act. Our bill says you have no right to provide a bomb-making recipe to someone if you know that person has plans to destroy property or innocent lives. You have no right to help someone blow up a building. The Justice Department has concluded that our legislation--with some minor modifications which we have incorporated into this bill--is entirely consistent with the first amendment. I am glad that the Senate voted last year to join Senator Feinstein and me in making this type of behavior a crime. I hope this time around, we can pass this legislation through the full Congress and send it on to the President so he can sign it into law. Mr. LEVIN. Mr. President, the amendment has been cleared on this side. I commend my good friend from California for her amendment. It is carefully worded. It has been cleared on this side, and I believe that there are 2 minutes allocated to the Senator from California under the unanimous-consent agreement and that the remainder of the time is to be divided as indicated. Privilege of the Floor Mr. LEVIN. Mr. President, I ask unanimous consent that Dr. Kim Hamlett, who works on the Veterans' Affairs staff, be allowed the privilege of the floor during the time of consideration of the Defense Authorization Act and the conference report thereto. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. LEVIN. I yield the floor. Mr. THURMOND addressed the Chair. The PRESIDING OFFICER. The Senator from South Carolina. Mr. THURMOND. Mr. President, the Feinstein amendment is primarily a judicial amendment, but it is a very worthy amendment, and I intend to support it. Mrs. FEINSTEIN addressed the Chair. The PRESIDING OFFICER. The Chair recognizes the Senator from California. Mrs. FEINSTEIN. I thank the Chair. Mr. President, I thank the chairman and the ranking member for their comments, and I thank all the Members for their support of this amendment. Essentially, this is the third year that I have submitted this amendment. It has been put on the terrorism bill and on this bill in prior times. It was removed in conference. Part of the terrorism bill asks the Department of Justice to take a look at the situation that exists out there with respect to the teaching of bombmaking and the knowledge and intent that such teaching will be used for a criminal purpose. In fact, the Department of Justice has submitted a report indicating that they believe that the amendment is necessary and will stand a constitutional test, and they have, in fact, approved the drafting of this amendment. I believe it is important and timely. I believe it will stand a constitutional test. I am just delighted that it has been cleared on both sides. I thank the Chair, and I yield the floor. Mr. BENNETT. Will the Senator yield for a question? Mrs. FEINSTEIN. I will be most happy to yield to the distinguished Senator. Mr. BENNETT. Mr. President, I was present at a hearing on the issue of terrorism and raised the question of domestic terrorism, specifically in terms of information that is put on the Internet by groups that are opposed to fur farming; that is, opposed to the raising of animals for their fur. On the Internet, these groups describe how to build a bomb for the purpose of destroying a fur farm. The PRESIDING OFFICER. The remaining time is under the control of the Senator from Michigan. Mr. BENNETT. It was my understanding the Senator from Michigan yielded to the Senator from California. The PRESIDING OFFICER. The Senator from California had 2 minutes. Mr. LEVIN. Mr. President, I yield the remainder of my time to the Senator from California. She can yield to the Senator. Mr. BENNETT. I will finish my question. This group opposed to fur farming put on the Internet a description of how to build a bomb to blow up, say, a mink farm. They did say in their Internet thing, make sure no animal, including a human, is present in the building when you blow it up. [[Page S5998]] I ask the Senator from California if, in her opinion, her amendment would make that kind of information on the Internet subject to Federal prosecution? Mrs. FEINSTEIN. I thank the distinguished Senator. My answer is I believe it would if the individual had the knowledge that any attempt would be used for criminal purpose, which this would be. The answer to the question is yes. Mr. BENNETT. I thank the Senator. Mrs. FEINSTEIN. I thank the Senator from Utah very much. Mr. THURMOND addressed the Chair. The PRESIDING OFFICER. The Senator from South Carolina. Mr. THURMOND. Mr. President, I ask for the yeas and nays. The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to amendment No. 419. The yeas and nays have been ordered. The clerk will call the roll. The bill clerk called the roll. Mr. NICKLES. I announce that the Senator from North Carolina [Mr. Helms] is necessarily absent. Mr. FORD. I announce that the Senator from South Dakota [Mr. Daschle], the Senator from New Mexico [Mr. Bingaman], the Senator from Iowa [Mr. Harkin], the Senator from Hawaii [Mr. Inouye], and the Senator from Maryland [Ms. Mikulski] are necessarily absent. I also announce that the Senator from South Dakota [Mr. Daschle] is absent due to a death in the family. I further announce that, if present and voting, the Senator from Iowa [Mr. Harkin] would vote ``aye''. The PRESIDING OFFICER. Are there any other Senators in the Chamber desiring to vote? The result was announced--yeas 94, nays 0, as follows: [Rollcall Vote No. 110 Leg.] YEAS--94 Abraham Akaka Allard Ashcroft Baucus Bennett Biden Bond Boxer Breaux Brownback Bryan Bumpers Burns Byrd Campbell Chafee Cleland Coats Cochran Collins Conrad Coverdell Craig D'Amato DeWine Dodd Domenici Dorgan Durbin Enzi Faircloth Feingold Feinstein Ford Frist Glenn Gorton Graham Gramm Grams Grassley Gregg Hagel Hatch Hollings Hutchinson Hutchison Inhofe Jeffords Johnson Kempthorne Kennedy Kerrey Kerry Kohl Kyl Landrieu Lautenberg Leahy Levin Lieberman Lott Lugar Mack McCain McConnell Moseley-Braun Moynihan Murkowski Murray Nickles Reed Reid Robb Roberts Rockefeller Roth Santorum Sarbanes Sessions Shelby Smith (NH) Smith (OR) Snowe Specter Stevens Thomas Thompson Thurmond Torricelli Warner Wellstone Wyden NOT VOTING--6 Bingaman Daschle Harkin Helms Inouye Mikulski The amendment (No. 419) was agreed to. Mr. FORD. Mr. President, I move to reconsider the vote. Mr. THURMOND. I move to lay it on the table. The motion to lay on the table was agreed to. Mr. THURMOND. I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The bill clerk proceeded to call the roll. Mr. LOTT. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered.